HomeMy WebLinkAboutAmended Regular Council Meeting Agenda Packet 12/01/2020AMENDED NOVEMBER 25, 2020 @ 12:55 p.m.
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, December 1, 2020, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
Patti Comerford, Council Member
Jackie Craig, 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 December 1, 2020, at or after 6:00 PM located in the Council Chambers of
the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS
AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting.
Revised agenda items appear in italics.
As a courtesy to others, please turn off or put in silent mode all 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 6:00 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
AMENDED Regular Council Meeting 12/01/2020 Page 1 of 177
If you are interested in speaking to the Council during the Call to the Public or Public
Hearings, you must fill out a speaker card (located in the lobby outside the Council
Chambers) and deliver it to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the Council or not, are
expected to observe the Council rules, as well as the rules of politeness, propriety,
decorum and good conduct. Any person interfering with the meeting in any way, or
acting rudely or loudly will be removed from the meeting and will not be allowed to
return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council
Chambers are wheelchair and handicapped accessible. Persons with a disability may
request a reasonable accommodation, such as a sign language interpreter, by contacting
the Town Clerk at (520) 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,AMENDED Regular Council Meeting 12/01/2020 Page 2 of 177
Council may respond to criticism made by those who have addressed the Council,
and may ask staff to review the matter, or may ask that the matter be placed on a
future agenda.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
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. 2020-129: Relating to Development; approving a Preliminary
Plat for Tortolita Ridge Lots 1-32 and Common Areas “A” through “C” located
approximately .75 miles north of Moore Road on the west side of Tortolita
Road. (Cynthia Ross)
C2 Approval of the Regular Council Meeting Summary Minutes of November 17,
2020, and the Council Study Session Meeting Summary Minutes of November
10, 2020, and the Council Study Session Meeting Summary Minutes of October
13, 2020 (Cherry L. Lawson).
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 Ordinance No. 2020.020: Relating to Utilities; amending Marana Town Code
Title 14 (Utilities), Chapter 14-4 (Construction and Financing of Utility
Facilities) to modify sections 14-4-3 (Capacity requirements), 14-4-4 (Refund of
cost of facilities funded and installed by town), and 14-4-5 (Notice of protected
facility and associated charge) to make the protected facility designation and
protected facility charge available for drainage facilities (Jane Fairall)
AMENDED Regular Council Meeting 12/01/2020 Page 3 of 177
protected facility charge available for drainage facilities (Jane Fairall)
A2 Resolution No. 2020-130: Relating to Development; approving and authorizing
the Mayor to sign the Mandarina Development Agreement for development
north and northwest of the Interstate 10 and Tangerine Road traffic
interchange; and authorizing the Town Engineer to sign a quit claim deed of
abandonment for unneeded right-of-way in Mandarina (Jane Fairall)
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Relating to Development and Public Works; update, discussion, and possible
direction regarding public and private projects and development
applications on the Town’s Marana Current and Proposed Projects internet
site (Jason Angell)
D2 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 (Terry Rozema)
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), Council may ask for
discussion or consideration, or consultation with designated Town
representatives, or consultation for legal advice with the Town Attorney,
concerning any matter listed on this agenda for any of the reasons listed in
A.R.S. §38-431.03 (A).
E2 Executive session pursuant to A.R.S. § 38-431.03(A)(7) for discussion or
consultation with the Town Manager, Town Engineer, and Town Attorney,
as designated representatives of the Town, in order to consider the Town’s
position and instruct its representatives regarding negotiations for the sale
or lease of interests in real property located in Ora Mae Harn Park to
Southwest Gas Corporation for the installation of natural gas facilities to
connect to the El Paso Natural Gas pipeline.
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).
ADJOURNMENTAMENDED Regular Council Meeting 12/01/2020 Page 4 of 177
ADJOURNMENT
AMENDED Regular Council Meeting 12/01/2020 Page 5 of 177
Council-Regular Meeting C1
Meeting Date:12/01/2020
To:Mayor and Council
From:Cynthia Ross, Senior Planner
Date:December 1, 2020
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2020-129: Relating to Development; approving a Preliminary
Plat for Tortolita Ridge Lots 1-32 and Common Areas “A” through “C” located
approximately .75 miles north of Moore Road on the west side of Tortolita
Road. (Cynthia Ross)
Discussion:
Request
Baker and Associates, representing DR Horton Inc., is requesting the approval of a
Preliminary Plat for Tortolita Ridge, Lots 1-32 and Common Areas “A” (Open
Space/Drainage), “B” (Park), and “C” (Natural Undisturbed Open Space).
Zoning and Land Use
The Mayor and Town Council adopted Marana Ordinance 2018.023 on December 18,
2018, rezoning approximately 17.2 acres of land from ‘R-80’ Residential and Zone ‘C’
(Large Lot Zone) to ‘R-8’ Residential.
The existing R-8 zoning allows for single-family detached residential development at a
minimum lot size of 8,000 square feet. The preliminary plat proposes 32 residential lots
with a minimum lot size of 8,004 square feet, a maximum lot size of 9,832 square feet,
and an average lot size of 8,402 square feet. The density proposed for this subdivision is
1.8 residences per acre. The R-8 development standards will apply and all lots will be
subject to the Town’s Residential Design Standards.
Single-Story Home Lots
Condition No. 20 of the rezoning ordinance requires Lots 1-14, 26-28, 33 and 34, as
AMENDED Regular Council Meeting 12/01/2020 Page 6 of 177
shown on the rezoning conceptual land use plan, be restricted to single story. The plat
translates the conceptual plan lots that will be restricted to single story as Lots 1-14,
24-26, and 31 and 32.
Recreation Area
Condition No. 21 of the rezoning ordinance requires the developer to construct a park
area containing a ramada, BBQ pit, grassy area and picnic benches prior to approval of
the 34th building permit. The applicant will provide a 5,225 square foot park area
containing the amenities in the northwest portion of the subdivision prior to approval of
the 32nd building permit.
Open Space
The clustered subdivision sets aside 7.82 acres or 45% of the site as natural undisturbed
open space (NUOS), preserving the site’s native vegetation and facilitating wildlife
connectivity across the site.
Access and Traffic Circulation
The internal streets are public and will be maintained by the Town. Access will be
provided from Tortolita Road, a two-lane minor local road that borders the easternmost
property boundary. Condition No. 22 of the rezoning ordinance required developer
construction of a 20-foot-wide emergency access drive with a stabilized surface capable
of supporting fire apparatus. At the time of the rezoning request, it was anticipated that
the emergency access drive would be provided from the proposed northerly cul-de-sac
to Tortolita Road to the east, across the adjacent properties utilizing two 15' wide
existing access easements. During the course of this plat review process, it was
determined by Town staff and the applicant, that the aforementioned existing access
easements do not provide access rights for use by this project to Tortolita Road.
Marana Subdivision Street Standards - Design Exception
A Design Exception application (Marana Case #ENG2009-007) was approved by Town
Engineer Keith Brann to provide all the homes in the subdivision with automatic fire
sprinklers, an allowable mitigating requirement for approval of a single point of access
as outlined in Section 4.14.1.a.ii. of the Marana Subdivision Street Standards Manual,
July 16 Edition. On November 17, 2020, a request to revise rezoning condition #22 found
in Marana Ordinance 2018.023 (Marana Case No. PCM2009-001) was approved by the
Town Council to replace the requirement for an emergency access with a condition that
the property owners install automatic fire sprinkler systems in each home, acceptable to
the Northwest Fire District.
Utility Service
Water Service will be provided to the subdivision by Tucson Water. Sewer service will
be provided by Pima County Regional Wastewater Reclamation Department. TRICO
Electric will provide service to the development. Fire protection service will be provided
by Northwest Fire District.
Neighborhood Design Plan
The Town of Marana Residential Design Standards, Section 08.06 of the Marana Land
AMENDED Regular Council Meeting 12/01/2020 Page 7 of 177
Development Code, require that a Neighborhood Design Plan (NDP) be submitted for
review and approval along with the preliminary plat. The NDP is intended to ensure
that the site aesthetics and amenities required by the Residential Design Standards and
applicable zoning are provided. The NDP for the subdivision showing proposed
landscaping and recreational areas have been attached to this report.
Staff Recommendation:
Planning Commission Recommendation
This preliminary plat was presented to the Planning Commission on November 18th,
2020 and received a unanimous, 6-0, recommendation to the Town Council.
Staff has reviewed the request against the requirements of Marana Ordinance No.
2018.023 and No. 2020.016, the Marana Land Development Code, the Marana General
Plan, and the Marana Town Code. This preliminary plat is in substantial conformance
with all required development regulations and staff recommends approval.
Suggested Motion:
I move to adopt Resolution No. 2020-129 approving a preliminary plat for Tortolita
Ridge, Lots 1-32 and Common Areas “A” through “C” located approximately .75 miles
north of Moore Road on the west side of Tortolita Road.
Attachments
Resolution No. 2020-129
Application
Location Map
Preliminary Plat
Neighborhood Design Plan
AMENDED Regular Council Meeting 12/01/2020 Page 8 of 177
Resolution No . 2020-129 - 1 - [CLR]
MARANA RESOLUTION NO. 2020-129
RELATING TO DEVELOPMENT; APPROVING A PRELIMIN ARY PLAT FOR TORTOLI TA
RIDGE LOTS 1-32 AND COMMON AREAS “A” THROUGH “C” LOCATED
APPROXIMATELY .75 MILES NORTH OF MOORE ROAD ON THE WEST SIDE OF
TORTOLITA ROAD.
WHEREAS the Mayor and Council of the Town of Marana adopted Marana Ordinance
No. 2018.023 on December 18, 2018, approving a rezoning of 17.3 acres of land known as
Tortolita Ridge from ‘R-80’ (Single-Family Residential) and Zone ‘C’ (Large Lot Zone) to ‘R-8’
(Single-Family Residential), and amending the 2010 Marana General Plan designation for the
Rezoning Area from Rural Density Residential (RDR) to Low Density Residential (LDR); and
WHEREAS the Mayor and Council of the Town of Marana adopted Marana Ordinance
No. 2020.016 on November 17, 2020, amending Ordinance 2018.023, eliminating the requirement
for an emergency access road and replacing it with a requirement for installation of automatic fire
sprinkler systems; and
WHEREAS Baker and Associates, representing DR Horton Inc., the current property
owner, has applied for approval of a preliminary plat for Tortolita Ridge Lots1-32 and Common
Area “A” (Open Space/Drainage), “B” (Park), and “C” (Natural Undisturbed Open Space).
located approximately .75 miles north of Moore Road on the west side of Tortolita Road; and
WHEREAS the Mayor and Town Council, at the regular ly scheduled meeting on
December 1, 2020, determined that the preliminary plat for Tortolita Ridge should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the preliminary plat for Tortolita Ridge Lo ts 1-32 and Common Areas “A”
through “C” is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1st day of December, 2020.
Mayor Ed Honea
ATTEST:
Cherry Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
AMENDED Regular Council Meeting 12/01/2020 Page 9 of 177
PRV2006-001 6/19/2020
AMENDED Regular Council Meeting 12/01/2020 Page 10 of 177
AMENDED Regular Council Meeting 12/01/2020 Page 11 of 177
TOWN OF MARANA, PIMA COUNTY, ARIZONA
BEING A PORTION OF SECTION 26, T11S, R12E, G&SRB&M,
AND "C" (NATURAL UNDISTURBED OPEN SPACE)
PRELIMINARY PLAT for
TORTOLITA RIDGE, LOTS 1 - 32
C.I.:= N/A
AND COMMON AREAS "A" (OPEN SPACE/DRAINAGE), "B" (PARK)
SCALE:
HORIZ: 1" = N/A 2492-MAR-PP1.DWGDESIGNED BY: MVM
DRAWN BY: JVA DRAWING #DATE: 6/16/20 SHEET
PLAN #2492REV. DATE: 11/3/20 1CHECKED BY: MVM of 3
Baker & Associates Engineering, Inc.
3561 E. Sunrise Drive, Suite #225 Fax (520) 318-1930Tucson, Arizona 85718 (520) 318-1950Registered Pro fe s s i ona l Engi
n
e
e
r
(Civil)ARIZONA U .S .A36655
MARTIN V.
MAGELLI
DA
TE SIGNE DCERTIFICATE N
O
.
#PRV2006-001
REV. DATE: 8/20/20
P20WS00029
11-3-2020AMENDED Regular Council Meeting 12/01/2020 Page 12 of 177
C.I.:=1'
SCALE:
HORIZ: 1"=40'2492-MAR-PP1.DWGDESIGNED BY: MVM
DRAWN BY: JVA DRAWING #DATE: 6/16/20 SHEET
PLAN #2492REV. DATE: 11/3/20 2CHECKED BY: MVM of 3
Baker & Associates Engineering, Inc.
3561 E. Sunrise Drive, Suite #225 Fax (520) 318-1930Tucson, Arizona 85718 (520) 318-1950Registered Pro fe s s i ona l Engi
n
e
e
r
(Civil)ARIZONA U .S .A36655
MARTIN V.
MAGELLI
DA
TE SIGNE DCERTIFICATE N
O
.
TOWN OF MARANA, PIMA COUNTY, ARIZONA
BEING A PORTION OF SECTION 26, T11S, R12E, G&SRB&M,
AND "C" (NATURAL UNDISTURBED OPEN SPACE)
PRELIMINARY PLAT for
TORTOLITA RIDGE, LOTS 1 - 32
AND COMMON AREAS "A" (OPEN SPACE/DRAINAGE), "B" (PARK)
REV. DATE: 8/20/2011-3-2020#PRV2006-001 P20WS00029
AMENDED Regular Council Meeting 12/01/2020 Page 13 of 177
C.I.:=1'
SCALE:
HORIZ: 1"=40'2492-MAR-PP1.DWGREV. DATE: 8/20/20DESIGNED BY: MVM
DRAWN BY: JVA DRAWING #DATE: 6/16/20 SHEET
PLAN #2492REV. DATE: 11/3/20 3CHECKED BY: MVM of 3
Baker & Associates Engineering, Inc.
3561 E. Sunrise Drive, Suite #225 Fax (520) 318-1930Tucson, Arizona 85718 (520) 318-1950Registered Pro fe s s i ona l Engi
n
e
e
r
(Civil)ARIZONA U .S .A36655
MARTIN V.
MAGELLI
DA
TE SIGNE DCERTIFICATE N
O
.
TOWN OF MARANA, PIMA COUNTY, ARIZONA
BEING A PORTION OF SECTION 26, T11S, R12E, G&SRB&M,
AND "C" (NATURAL UNDISTURBED OPEN SPACE)
PRELIMINARY PLAT for
TORTOLITA RIDGE, LOTS 1 - 32
AND COMMON AREAS "A" (OPEN SPACE/DRAINAGE), "B" (PARK)11-3-2020#PRV2006-001 P20WS00029
AMENDED Regular Council Meeting 12/01/2020 Page 14 of 177
NEIGHBORHOOD DESIGN PLAN
TORTOLITA RIDGE
(Lots 1-32)
TOWN OF MARANA
CASE #: LPR2008-001
OCTOBER 14, 2020
PROJECT:DRH-21
FILE NAME:DRH21 NDP.DWG
A PORTION OF SECTION 26,
T-11-S, R-12-E,
G&SRB&M, TOWN OF MARANA, PIMA COUNTY, ARIZONA
PRV-2006-001
REFERENCE NUMBERS:
THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os n az 857012600ss
PROJECT SITE
OWNER/DEVELOPER:
DR HORTON, INC.
3580 W. INA ROAD, STE. 100
TUCSON, AZ 85741
CONTACT: BRENT T. DAVIS
TEL: 520-790-6005
ENGINEER:
BAKER & ASSOCIATES ENGINEERING, INC.
3561 E. SUNRISE DRIVE, STE. 225
TUCSON, AZ 85718
CONTACT: MARTY MAGELLI
TEL: 520-318-1950
PCZ-1806-001
NPP2008-001W Moore Rd N Tortolita RdN Dov
e
M
o
u
nt
ai
n
Bl
v
d
2423
2526
2526
3635
2322
2627
2627
3534N Wild Burro RdN Sandra RdUNSUB.
UNSUB.
UNSUB.
UNSUB.
UNSUB.SEQ. N
O.201213140200UNSUB.56/3253/54N Coyote Howl RdAMENDED Regular Council Meeting 12/01/2020 Page 15 of 177
PLAN: OVERALL
NORTH
PROJECT: DATE:DRH-21 08/19/20
FILE NAME:DRH21 NDP.DWG
0'50'
SCALE: 1"-100'-0"
100'
NOTE: INFORMATION DEPICTED HERE IS
CONCEPTUAL AND SUBJECT TO CHANGE AT
TIME OF CONSTRUCTION.
PLAN VIEW:
PARK DETAIL
A'
A
TORTOLITA RIDGE
ENTRY SIGN
THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os n az 857012600ss
NATURAL
UNDISTURBED
OPEN
SPACE
(NUOS)TORTOLITA ROADCLUSTER MAILBOX
33'-0"
38'-7"
63'-10"
35'-6"STREET 'B'STREET 'A'
TORTOLITA RESERVE
SEQ. 2012-3140200
UNSUBDIVIDED
218-44-022K
ZONED: C
HIDDEN SPRINGS
BK. 61, PG 25 M&P
ZONED R-26
TORTOLITA RESERVE COMMON AREA B (OPEN/DRAINAGE)
UNSUBDIVIDED
218-44-022J
ZONED: CUNSUBDIVIDED PARCEL 218-44-029AUNSUBDIVIDED
PARCEL 218-44-021B
ZONED: AG
UNSUBDIVIDEDPARCEL 218-44-0280AMENDED Regular Council Meeting 12/01/2020 Page 16 of 177
PLAN: STREET TREES
NORTH
PROJECT: DATE:DRH-21 08/19/20
FILE NAME:DRH21 NDP.DWG
0'50'
SCALE: 1"-100'-0"
100'
NOTE: INFORMATION DEPICTED HERE IS
CONCEPTUAL AND SUBJECT TO CHANGE AT
TIME OF CONSTRUCTION.
THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os n az 857012600ssTORTOLITA RIDGE
STREET TREE ( PLANTED IN
FIRST 10' OF EACH LOT)
LEGENDTORTOLITA ROADSTREET 'B'STREET 'A'
TORTOLITA RESERVE
SEQ. 2012-3140200
UNSUBDIVIDED
218-44-022K
ZONED: C
HIDDEN SPRINGS
BK. 61, PG 25 M&P
ZONED R-26
TORTOLITA RESERVE COMMON AREA B (OPEN/DRAINAGE)
UNSUBDIVIDED
218-44-022J
ZONED: C
AMENDED Regular Council Meeting 12/01/2020 Page 17 of 177
PLAN: PARK DETAIL
NORTH
PROJECT:DRH-21
FILE NAME:DRH21 NDP.DWG
0'15'
SCALE: 1"-30'-0"
30'
NOTE: INFORMATION DEPICTED HERE IS
CONCEPTUAL AND SUBJECT TO CHANGE AT
TIME OF CONSTRUCTION.
RAMADA
PICNIC TABLES
TURF
BENCH
THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os n az 857012600ss
BBQ GRILL
TORTOLITA RIDGE
CONCRETE PAVEMENT
NATURAL
UNDISTURBED
OPEN
SPACE
(NUOS)
LOT 20
LOT 21
STREET 'B'AMENDED Regular Council Meeting 12/01/2020 Page 18 of 177
42' ROW10' PUE 10' PUE
SIDEWALK
STREET
SIDEWALK
STREET TREE
WITHIN 10' PUE
STREET TREE
WITHIN 10' PUE
SECTION A-A': STREET
PROJECT:DRH-21
FILE NAME:DRH21 NDP.DWG
0'6'
SCALE: 1"-12'-0"
12'
NOTE: INFORMATION DEPICTED HERE IS
CONCEPTUAL AND SUBJECT TO CHANGE AT
TIME OF CONSTRUCTION.
THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os n az 857012600ssTORTOLITA RIDGEAMENDED Regular Council Meeting 12/01/2020 Page 19 of 177
ENTRY SIGN
PROJECT:DRH-21
FILE NAME:DRH21 NDP.DWG
1 ENTRY SIGN
ELEVATION SCALE: 1/2"=1'-0"
NOTE: INFORMATION DEPICTED HERE IS
CONCEPTUAL AND SUBJECT TO CHANGE AT
TIME OF CONSTRUCTION.
2'-6" SQUARE GABION COLUMN
THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os n az 857012600ssTORTOLITA RIDGE5'16'-10"
8'-7"2'2'-6"PLAN VIEW
ELEVATION
2'-6" SQUARE GABION COLUMN,
WEATHERED STEEL MESH
STEEL SIGN BOX (WEATHERED STEEL)
WITH ALUMINUM PAN CHANNEL LETTERS,
HALO LIGHTING OF LETTERS
11"STEEL SIGN BOX (WEATHERED STEEL)
ALUMINUM PAN CHANNEL LETTERS
AMENDED Regular Council Meeting 12/01/2020 Page 20 of 177
DECORATIVE PERIMETER WALL
PROJECT:DRH-21
FILE NAME:DRH21 NDP.DWG
1 DECORATIVE PERIMETER WALL
ELEVATION SCALE: 1/2"=1'-0"
NOTE: INFORMATION DEPICTED HERE IS
CONCEPTUAL AND SUBJECT TO CHANGE AT
TIME OF CONSTRUCTION.
THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os n az 857012600ssTORTOLITA RIDGE
8"X16" MASONRY BLOCK, 4" MIN. WIDTH,
INTEGRAL COLOR: DARK BROWN,
SOLID BLOCK TOP COURSE
8"X16" MASONRY BLOCK, 4" MIN. WIDTH,
INTEGRAL COLOR: LIGHT BROWN,
SPLIT FACE FINISH
8"X16" MASONRY BLOCK, 4" MIN. WIDTH
INTEGRAL COLOR: DARK BROWN5' (MIN.)8"X16" MASONRY BLOCK COLUMN,
6" MIN. WIDTH,
INTEGRAL COLOR: DARK BROWN,
COLUMNS LOCATED WHERE ELEVATION
CHANGES REQUIRE VERTICAL JOGS IN WALL
MASONRY COLUMN CAP, MIN. 1" HEIGHT
AMENDED Regular Council Meeting 12/01/2020 Page 21 of 177
PLAN: DECORATIVE PERIMETER WALL
NORTH
PROJECT:DRH-21
FILE NAME:DRH21 NDP.DWG
0' 100'
SCALE: 1"-200'-0"
200'
5' DECORATIVE PERIMETER WALL
LEGEND
NOTE: INFORMATION DEPICTED HERE IS
CONCEPTUAL AND SUBJECT TO CHANGE AT
TIME OF CONSTRUCTION.
THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os n az 857012600ssTORTOLITA RIDGE TORTOLITA ROADPARK
NATURAL
UNDISTURBED
OPEN
SPACE
(NUOS)
NOTE: ALL OTHER WALLS AT BACKS OF LOTS
SHALL BE MASONRY WALLS WITH A MINIMUM
HEIGHT OF 5'.STREET 'B'STREET 'A'
TORTOLITA RESERVE
SEQ. 2012-3140200
UNSUBDIVIDED
218-44-022K
ZONED: C
HIDDEN SPRINGS
BK. 61, PG 25 M&P
ZONED R-26
TORTOLITA RESERVE COMMON AREA B (OPEN/DRAINAGE)
UNSUBDIVIDED
218-44-022J
ZONED: C
AMENDED Regular Council Meeting 12/01/2020 Page 22 of 177
Council-Regular Meeting C2
Meeting Date:12/01/2020
To:Mayor and Council
From:Cherry L. Lawson, Town Clerk
Date:December 1, 2020
Subject:Approval of the Regular Council Meeting Summary Minutes of November 17,
2020, and the Council Study Session Meeting Summary Minutes of November
10, 2020, and the Council Study Session Meeting Summary Minutes of October
13, 2020 (Cherry L. Lawson).
Attachments
Regular Council Meeting Summary Minutes, 11/17/2020
Council Study Session Meeting Summary Minutes, 11/10/2020
Council Study Session Meeting Summary Minutes, 10/13/2020
AMENDED Regular Council Meeting 12/01/2020 Page 23 of 177
Regular Council Meeting Summary Minutes 11/17 /2020
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 17, 2020, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
Patti Comerford, Council Member
Jackie Craig, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Vice Mayor Post called the meeting to order at 6:00 PM and directed the Clerk to call the
roll. Mayor Honea (Excused), Vice Mayor Post, Council Members: Jackie Craig, Patti
Comerford, Roxanne Ziegler, John Officer, and Herb Kai.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Vice
Mayor Post.
APPROVAL OF AGENDA
Council Member Ziegler moved and Council Member Kai second the motion and
removing Item A5 from the agenda. Motion passes, 6-0.
CALL TO THE PUBLIC
Vice Mayor Post opened the meeting to receive public comments. No comments were
offered.
PROCLAMATIONS
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MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
No reports offered.
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
Interim Town Manager Terry Rozema reported the monthly statistics for October 2020
for single -family residential permits of 82 compared to 2019 of 79 issued. For the month
of November, Marana stands at 34; November 2019 the Town issued 67. He provided an
update to Covid-19 stating the Town has completed one month of being in Phase 2B
return to work plan, despite the increase in numbers. The Town will continue to monitor
the situation, as there are no plans at this time to change course.
PRESENTATIONS
P1 Relating to Budget; presentation of monthly financial revenues (July -October) of
the Town's General Fund funds for the 2020-2021 fiscal year (Yiannis Kalaitzidis)
Finance Director Yiannis Kalaitzidis provided an overview of the monthly financial
revenues (July-October) of the Town’s General funds for the 2020 -2021 fiscal year.
P2 Relating to Budget; presentation of first quarter results (July -September) for the
Town's General Fund and other selected major funds for the 2020 -2021 fiscal year
(Yiannis Kalaitzidis)
Mr. Kalaitzidis provided a PowerPoint Presentation overview of the first quarter results
(July-September) for the Town’s General Fund and other selected major funds for the
2020-2021 fiscal year. (A copy of the presentation is on file in the Town Clerk’s Office for review.)
CONSENT AGENDA
C1 Resolution No. 2020-120: Relating to Budget; approving the transfer of $85,500
and $650 in budgeted expenditure authority from the General Fund contingency line
item to the restricted budget line items within the Police Department and the Legal
Department, respectively, in the fiscal year 2019-2020 budget (Yiannis Kalaitzidis)
C2 Resolution No. 2020-121: Relating to Utilities: approving and authorizing the
Mayor to sign a new intergovernmental agreement, effective December 1, 2020, between
the Town of Marana and Pima Cou nty for provision of water consumption data and
sewer user account billing services (Scott Schladweiler)
C3 Resolution No. 2020-122: Relating to Real Estate; approving and authorizing the
Mayor to execute the First Amendment to Lease Agreement wit h Marana Chamber of
Commerce, Inc. regarding the lease of Town-owned property located at 13251 N. Lon
Adams Road (Jane Fairall)
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C4 Resolution No. 2020-123: Relating to Real Estate; approving and authorizing the
Mayor to execute a building access a greement with Qwest Corporation, d/b/a
CenturyLink QC to grant access to the Town's property at 13249 North Lon Adams
Road (Jane Fairall)
C5 Approval of the Council Regular Meeting Summary Minutes of October 20,
2020, and the Council Special Sessi on Meeting Summary Minutes of October 20, 2020
(Cherry L. Lawson)
Council Member Ziegler moved and Council Member Officer second the motion
approving the Consent Agenda and removing Item A5 from the agenda. Motion passes ,
6-0.
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B1 [Town Council acting as Floodplain Board] Resolution 2020-124: Relating to
floodplain management; granting a variance to Marana To wn Code Chapter 17-15
(Floodplain and Erosion Hazard Management Code) for property located at 4801 W.
Flying Diamond (Keith Brann)
Town Engineer Keith Brann provided an overview of this item and the discussions from
past Council Meetings related to the violation reported at the residence located at 4801
W. Flying Diamond had been expanded without first obtaining a required floodplain use
permit. He explained the provisions of the Marana Town Code section 17 -15-10.B.3, as
well as FEMA guidelines purs uant to Section 1316 of the FIA of 1968 as amended related
to the concerns of this property. Staff recommends the granting of a variance to dry flood
proof the property at 4801 W. Flying Diamond subject to the following conditions:
1. Payment of floodplain variance fee per the Town’s Comprehensive Fee
Schedule ($1,000);
2. Secure a Marana Floodplain Use Permit for the work;
3. Provide an Elevation Certificate of the work performed; and
4. Provide a Hold Harmless Agreement to the Town regarding the work.
Board Memb er Ziegler moved and Board Member Kai second the motion to adopt
Resolution No. 2020-124, granting a variance to Marana Town Code Chapter 17 -15
(Floodplain and Erosion Hazard Management Code) for property located at 4801 W.
Flying Diamond. Motion passes, 6-0.
COUNCIL ACTION
A1 PUBLIC HEARING: Ordinance 2020.016: Relating to Development; amending
Ordinance No. 2018.023 which rezoned approximately 17.3 acres of land known as
Tortolita Ridge generally located 0.75 miles north of Moore Road on the west side of
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Tortolita Road by eliminating the requirement for an eme rgency access road and
replacing it with a requirement for installation of automatic fire sprinkler systems
(Cynthia Ross)
[6:20 PM Minutes:] Vice Mayor Post opened the public hearing to receive public
testimony on this item.
Senior Planner Cynthia Ross presented an overview of the request to amend Ordinance
No. 2018.023 that rezoned approximately 17.3 acres of land known as Tortolita Ridge
generally located 0.75 miles north of Moore Road on the west side of Tortolita Road by
eliminating the requirement for an emergency access road, and replacing it with a
requirement for installation of automatic fire sprinkler systems in each home as
acceptable by the Northwest Fire District.
Ms. Ross stated staff recommends the adoption of Ordinance 2020.016, revising rezoning
condition #22 found in Marana Ordinance 2018.023, with a condition that states the
property owners shall install automatic fire sprinkler systems in each home acceptable to
the Northwest Fire District.
The following individuals provided public testimony either in person or by submitted
comments to the Town, summary.
Mark Johnson of the Tortolita Alliance (TA) submitted comments stating in summary
that TA had previously submitted comments on the proposed Marana Subdivision
Recreational Area Requ irements. TA referenced its letter of 9/21/2020 to include a
request to amend Title 17-Environmental Resource Preservation, Native Plant Protection
and Landscape Require ments to require a Site Resource Inventory (SRI), and require (no
option) a minimum of 30% of the site be preserved as Natural Undisturbed Open Space
(NUOS) for all proposed subdivision. Further recommend a 45% NUOS for the Tortolita
Ridge development.
[6:29 PM Minutes:] Vice Mayor Post closed the public hearing on this item.
Council Member Kai moved and Council Member Ziegler second the motion adopting
Ordinance No. 2020.016, amending Ordinance No. 2018.023 by eliminating the
requirement for an emergency access road and replacing it with a requirement for
installation of automatic fire sprinkler systems. Motion passes, 6-0.
A2 PUBLIC HEARING: Resolution No. 2020-125: Relating to Development;
approving a Conditional Use Permit to allow the development of a self -storage facility at
8611 N. Continental Reserve Loop in the Pima Farms North Specific Plan -Villas at
Sombrero Peak (Cynthia Ross)
[6:30 PM Minutes] Vice Mayor Post opened the public hearing to receive public
testimony on this item.
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Ms. Ross provided an overview of Resolution No. 2020 -125 approving a Conditional Use
Permit to allow the development of a self -storage facility at 8611 N. Continental Reserve
Loop in the Pima Farms North Specific Plan – Villas at Sombrero Peak. Staff finds that
the proposal is consistent with the intent of the Town of Marana 2040 General Plan, the
Town of Marana Land Development Code, and complies with the requirements of a
conditional use permit.
The Planning Commission considered the request for the proposed C onditional Use
Permit at a public hearing on October 28, 2020 and voted 6 -0 to:
1. Recommend approval to the Town Council of the Conditional Use Permit
subject to the addition of two new conditions: (1) Change the daily hours of
operation from 6:00 a.m. – 10:00 p.m. to 7:00 a.m. to 9 p.m., and (2) Adjust the
traffic pattern; requiring vehicles to enter from the west side of the covered
loading area and exit to the east off Continental Reserve Loop.
2. Approve the National Self Storage at Continental Reserve Sil verbell Road
Corridor Overlay District design review application.
Ms. Ross stated staff recommends Council approve CUP2009 -001 based on the
recommended findings of fact and subject to the following conditions:
1. Outdoor RV or boat storage, and truck and trailer rentals, shall be prohibited
at this facility.
2. Nothing that can be co nstrued as building signage shall be visible though
windows on the south side, east and west sides of the building.
3. All wall and site lighting shall be downward directed and shielded to prevent
spillover to adjacent properties, and shall conform to the attached approved
Lighting Plan.
4. All second floor windows facing south shall be fully opaque, spandrel black
glass, except for the window lighting under the portico in the covered loading
drive.
5. All second floor windows facing Continental Reserve Loop shal l be fully
opaque, spandrel black glass.
6. Daily hours of operation shall be 7:00 a.m. to 9:00 p.m.
7. Vehicles shall enter the business parking area from the west side of the
covered loading area and exit to the east off Continental Reserve Loop.
Lexi Wells, Project Manager with the Planning Center, along with Linda Morales, CEO
of the Planning Center and Travis Marrow, President of National Self Storage
requested Council consideration of remov ing the two added conditions proposed by the
Planning Center be removed. Rather than penalizing them for a concern that has not
occurred, they would review any concerns that presents in the future. She presented a
PowerPoint Presentation of the neighborhood outreach that was conducted at several
points during the process. (A copy of the PowerPoint is on file in the Town Clerk’s Office.)
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Town Attorney Jane Fairall commented on the resolution approving the item stating,
Items 1-6 are the original recommendations. Items 7 and 8 on the resolution are the
additional conditions proposed by the Planning Commission. She noted the discrepancy
from the Staff Report versus the proposed resolution.
Council Member Ziegler addressed the conditions as provided by Ms. Wells stating she
does not appreciate the Planning and Zoning Commission making its recommendations
to impose conditions on the applicant. She discussed having traveled to the area to view
the concerns, but indicated it is a non-issue. She continued stating she would propose to
maintain the hours proposed by the applicant of 6 a.m. to 10 p.m.
[6:40 PM Minutes:] Vice Mayor Post closed the public hearing on this item.
Council Member Comerford moved and Council Member Ziegler second the motion
adopting Resolution No. 2020-125 excluding Items 7 and 8 from the improvements, and
approving Items 1-6 on the original application. Motion passes, 6-0.
A3 PUBLIC HEARING: Ordinance No. 2020.017: Relating to Development; amending
the Continental Ranch Specific Plan Chapter V. Development Regulations, revising
regulations pertaining to Congregate Care Housing, and Chapter VII. Specific Plan
Implementation, revising the procedures for approval of a site plan; and establishing an
effective date (Brian D. Varney)
Resolution No. 2020-126: Relating to Development; declaring as a public record filed
with the Town Clerk the amendments adopted by Ordinance No. 2020.017, amending
the Continental Ranch Specific Plan; Chapter V. Development Regulations
revising regulations pertaining to Congregate Care Housing, and Chapter VII. Specific
Plan Implementation revising the procedures for approval of a site plan. (Brian D.
Varney)
[6:46 PM Minutes:] Vice Mayor Post opened the public hearing to receive public
testimony on this item.
Senior Planner Brian Varney provided an overview of Ordinance No. 2020.017,
amending the Continental Ranch Specific Plan Chapter V. Development Regulations,
revising regulations pertaining to Congregate Care Housing, and Chapter VII. Specific
Plan Implementation, revising the procedures for approval of a site plan, and Resolution
No. 2020-126, declaring as a public record filed with the Town Clerk the amendments
adopted by Ordinance No. 2020.017. He explained the proposed amendments to the
Continental Ranch Specific Plan, and requests from the applicant. He stated staff
recommends approval of Ordinance No. 2020.017 and Resolution No. 2020 -126.
The following individuals provided public testimony either in person or by submitted
comments to the Town, summary. There were no public testimony offered.
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[6:56 PM Minutes:] Vice Mayor Post closed the public hearing on this item.
Council Member Kai moved and Council Member Comerford second the motion to adopt
Ordinance No. 2020.017 and Resolution No. 2020 -126, approving amendments to Chapter
V. Development Regulations and Chapter VII. Specific Plan Implementation of the
Continental Ranch Specific Plan, and declaring the amendments as a public record filed
with the Town Clerk. Motion passes, 6-0.
A4 PUBLIC HEARING: Ordinance No. 2020.018: Relating to Development;
approving a rezoning of approximately 63.8 acres of land located on the north side of
Avra Valley Road, approximately 0.70 miles east of the intersection of Avra Valley Road
and Sandario Road, from 'C' Large Lot Zone and 'AG' Agricultura l to 'HI' Heavy
Industry (Anita McNamara)
[6:57 PM Minutes:] Vice Mayor Post opened the public hearing to receive public
testimony on this item.
Long-Range Planner Anita McNamara provided an overview of Ordinance No.
2020.018 approving a rezoning of approximately 63.8 acres of land located on the north
side of Avra Valley Road, approximately 0.70 miles east of the intersect ion of Avra
Valley Road and Sandario Road, from ‘C’ Large Lot Zone and ‘AG’ Agricultura l to ‘HI’
Heavy Industry. She provided the Recommended Findings of Fact as follows:
1. The property is currently zoned ‘C’ Large Lot Zone and ‘AG; Agricultural. The
proposed changed in zoning to ‘HI’ (Heavy Industry) is supported by the
Employment (E) land use category of the Marana General Plan.
2. With the acceptance of the recommended conditions, the proposed rezoning is
in compliance with all other development standards of the Land Development
Code related to the proposed zoning classification.
3. The proposed rezoning, with acceptance of the recommended conditions, does
not appear to be detrimental to the immediate area or to the health, safety and
welfare of the inhabitants of the area and the Town of Marana.
Ms. McNamara stated the Planning Commission considered the request for the proposed
rezoning on October 28, 2020. By a vote of 6 -0, the Planning Commission voted to
recommend approval to the Town Council. Fu rther, staff recommends the adoption of
Ordinance No. 2020.018, approving a rezoning of approximately 63.8 acres of land from
‘C’ Large Lot Zone and ‘AG’ Agricultural to ‘HI’ Heavy Industry.
The following individuals provided public testimony either in pe rson or by submitted
comments to the Town, summary.
Joseph Olsen, P.E. General Manager, Metropolitan Domestic Water Improvement
District submitted a letter to Development Services requesting the following
considerations to the proposed ordinance: (1) If applicable in Section 2, Item 6, include
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the District in the review of any proposed septic system to ensure adequate setbacks from
existing or planned well infrastructure is maintained. (2) Include in the list of prohibited
uses in Section 2, Item 14 those uses that require an Aquifer Protection Permit. (3)
Consideration of the 30 -foot easement and 20-foot temporary construction easement as
reflected in their request submitted to the town on November 12, 2020.
[7:03 PM Minutes:] Vice Mayor Post closed the public hearing.
Council Member Officer moved and Council Member Kai second the motion to adopt
Ordinance No. 2020.018, approving a rezoning of approximately 63.8 acres of land from
‘C’ Large Lot Zone and ‘AG’ Agricultural to ‘HI’ Heavy Industry with the additions that
Metro Water had requested to take into consideration t he sewer and the other things that
can be created around the airport.
Council Member Ziegler asked for clarification of the motion speaking to the letter that
was received from Metro Water. She asked whether Council Members Craig and
Comerford objected to the requested considerations in the letter. Ms. McNamara stated
there is nothing within the letter that Town staff viewed as objectionable. That the Water
Department is supportive of the comments that staff had made. The question is of the
appropriatene ss to have those requested considerations as part of the Zoning Ordinance.
Ms. Fairall stated regarding the letter from Metro Water, requesting to be part of the
review process is not appropriate, in her opinion to a rezoning ordinance. That is
something the Town can discuss with Metro Water if it is appropriate for it to review
submittals. Their second request to include as a prohibited use that requires an Aquifer
Protection Permit that would be appropriate to include in the rezoning ordinance if the
Council desire to include. Item 17 of the proposed ordinanc e already provides for
prohibited uses such as landfills, waste disposal operations, and waste management
facilities. Additionally, under Provision 13 (e) it also prohibits Manufacturing/processing
and warehouse/storage of hazardous substances. That would be an appropriate item to
include in the ordinance if requested by the Council.
Council Member Kai asked whether Metro Water main concern this item is having
aquifers recovering in that area. Ms. Fairall stated she believes that is the concern. That
if the Town wish to add the uses of the Aqu ifer Protection Permit, then, it should be
included in the proposed ordinance as another condition of the ordinance.
Town Clerk Cherry Lawson requested the motion be restate for the record.
Council Member Officer stated with all of the things going on, with airports that have
done things in the past, and with the Town’s water issues at this time that we take into
consideration [all] of these aspects as stated by Town Attorney Jane Fairall. As with
Northwest Water, Marana would protect all that it could in that area.
Council Member Officer restated his motion upon the request of Vice Mayor Post.
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Council Member Officer moved to adopt Ordinance No. 2020.018.
Vice Mayor Post asked for clarification as the restated motion was not stated the same as
the initial motion offered. Vice Mayor Post asked whether the restated motion includes
the proposed request from Metro Water. Council Member Officer stated it does not, as
it is stated within the provisions of the ordinance.
Vice Mayor Post asked Ms. Fairall whether it is a condition in the staff report. Ms. Fairall
replied stating there is no condition specifically stated referring to use requiring an
Aquifer Protection Permit. Ho wever, there are those other uses that she stated earlier.
Council Member Ziegler asked whether Council agree or disagree with the letter that
Metro Water submitted to the Town. She asked Council needs to delay a decision in
order to review the letter su bmitted by Metro Water. Ms. Fairall stated the first condition
that Metro Water has requested of the Town that they be included in the review process
is not an appropriate request to add to the proposed rezoning ordinance. That is
something that staff can speak with Metro Water about, and in clude them where staff
deems appropriate. The second condition requesting the Town add another prohibited
use. There are any number of prohibited uses because of its proximity to the airport. If
the Council does want to include prohibited uses that requir e an Aquifer Protection
Permit, this would be the opportunity to insert that language. She noted additional
protections within the proposed ordinance that offers some protection. However, stated
that Water Director Scott Schladweiler would be the best pe rson to speak on this
concern.
Vice Mayor Post stated personally, he does not feel as though it is necessary. Council
would review the matter when presented. He expressed concern over the sale the
property, and want to inform the Town of what it can do with the adjourning property.
He would vote no to the motion offered by Council Member Officer as stated.
Mr. Schladweiler explained the nature of an Aquifer Protection Permit that it is
something that regulates discharges and pollutants to the aquifer and protects
groundwater. In this area, there are two major storage facilities. With the Metropolitan
Wells that are drilled for the property that we sold to them, those wells will contribute to
the Northwest Recharge and Delivery system, which will send water to Marana and its
system in the near future. The actions we take to protect the groundwater in this area is
to the Town’s benefit.
Council Member Kai asked whether there is concern over groundwater used to by the
fire department, and in relation to protection of groundwater. Mr. Schladweiler stated
anything that includes fluorinated compounds is a concern. However, he is not certain
whether that will be used in that area.
Development Director Jason Angell reminded Council that the Town owns the property
that Economic Development Director Curt Woody would come before the Council each
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time the Town looks to sell a porti on of the property, that it would reveal the type of use
that will be proposed for that location. That, if Council is concerned over selling the
property to someone that is not a compatible use with the airport or bring forth an alarm
of having some form o f contamination to the groundwater, Council will ultimately decide
whether it is a compatible use.
Council Member Officer amended his motion, Council Member Kai second the motion
to approve Ordinance 2020.018 as proposed. Motion passes, 6 -0.
A5 Resolution No. 2020-127: Relating to Finance; rescinding Section 3 of Mayor
Honea's Amendment No. 4 to Proclamation of Local Emergency which temporarily
waived the assessment of certain fees in the Town of Marana comprehensive fee
schedule (Jane Fairall) Item removed from the agenda.
A6 Ordinance No. 2020.019 : Relating to Offenses; revising Marana Town Code Title
11 (Offenses) by adding new Chapter 11 -9 (Recreational Marijuana) relating to the
regulation of recreational marijuana and renum bering the chapters that follow to
conform; and declaring an emergency (Jane Fairall)
Resolution No. 2020-128: Relating to Offenses; declaring as a public record filed with the
Town Clerk new Chapter 11-9 (Recreational Marijuana) of Title 11 (Offenses) of the
Marana Town Code adopted by Marana Ordinance No. 2020.019 (Jane Fairall)
Ms. Fairall provided an overview of Ordinance No. 2020.019 revising the Marana Town
Code stating the act allows marijuana establishments to sell recreational marijuana , and
i t does provide some power to municipalities to limit that. It allows municipalities to limit
the number of or outright prohibit them, or to allow the current medical dispensaries to
have a dual license to sell recreational marijuana. Staff is proposing tha t option to allow
the current medical marijuana dispensaries to sell recreational marijuana, as the Town
has limitations within the Land Development Code that does not allow for additional
dispensaries until the Town grows by 50,000 more residents.
The League of Arizona Cities and Towns drafted the proposed model ordinance for
options depending on the needs of the municipality. Town staff is recommending the
option that allows for a dual licensee at the same location as the medical marijuana
dispensaries as long as the business have a valid license. It would be subject to the same
setbacks and other rules and regulations that are in the Land Development Code for
medical marijuana dispensaries.
The proposition also allows a municipal to prohibit the use, c ultivation, production or
distribution on the Town’s own property; that was included within the proposed
ordinance as well. Also included is a prohibition of smoking marijuana in public and
open spaces, though it is redundant as it is already in Prop 207.
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Vice Mayor Post asked for a summation of Prop 207. Ms. Fairall explained Prop 207
allow the recreational use of marijuana by people over the age of 21 years. It would allow
these medical marijuana establishments to dispense and sell marijuana to individua ls
over the age of 21 years; no medical marijuana card needed. It would also allow
individuals to have in their possession a limited amount in public on them —the act
speaks to a certain ounce amount a person can have on their person. It also allows for
some cultivation (up to six plants) at home for persons over 21 years. It is taxable as a
retain item under the Model Tax Code.
Council Member Kai asked about mandatory drug testing of its employees under the
act, and whether under the act employers do no t have to test its employees? Ms. Fairall
replied stating it does not as there are some provisions within the proposition that
nothing in the proposition prohibits an employer from having its own rules and policies
related to drug use and testing of its em ployees. As a town, staff will need to review its
own personnel policies related to drug and alcohol use and bring forward some revisions
to the current policies.
Council Member Ziegler moved and Council Member Comerford moved to adopt
Ordinance No. 2020.019 revising Marana Town Code Title 11 (Offenses) by adding new
Chapter 11-9 (Recreational Marijuana) relating to the regulation of recreational
marijuana and renumbering the chapters that follow to conform; and declaring an
emergency as well as, Resolution No. 2020-128 declaring as a public record filed with the
Town Clerk new Chapter 11 -9 (Recreational Marijuana) of Title 11 (Offenses) of the
Marana Town Code adopted by Marana Ordinance No. 2020.019. Motion passes, 6 -0.
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation/government actions and on
recent and upcoming meetings of the other governmental bodies (Terry Rozema)
Mr. Rozema stated there is no report on federal or state concerns related to Covid -19.
The legislative session will begin in January 2021, and the Town has drafted a list of
priorities that staff will bring before the Council on December 15. Additionally, the Town
has scheduled the Legislative Day Meeting with the legislators in Districts 9 and 11. The
meeting will be held on December 11, 20202 at 9 a.m. at the MMC. Reminders and
invitations will go out this week. This is an opportunity for Council Members to discus s
opportunities for collaboration between Town Staff and our statewide Elected Officials
The Town is not tracking any bills at this time; and related to elections Legislative
Districts 9 and 11 members were re -elected.
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.
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E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for
discussion or consideration, or consu ltation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons l isted in A.R.S. §38-431.03 (A).
FUTURE AGENDA ITEMS
Notwithstanding the Mayor’s dis cretion 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
Vice Mayor Post asked for a motion to adjourn the meeting.
Council Member Kai moved and Council Member Comerford second the motion to
adjourn the meeting. Motion passes, 6-0. Meeting adjourned at 7:24 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town
Council meeting held on November 17, 2020. I further certify that a quorum was present.
________________________________________
Cherry L. Lawson, Town Clerk
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Study Session Summary Minutes 11/10/2020
1
MARANA TOWN COUNCIL
STUDY SESSION
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 10, 2020 at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
Patti Comerford, Council Member
Jackie Craig, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL :
Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the
roll. Mayor Honea, Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford,
Roxanne Ziegler, John Officer, and Herb Kai.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Mayor
Honea.
APPROVAL OF AGENDA:
Council Member Ziegler moved and Council Member Kai second the motion approving
the agenda as presented. Motion passes unanimously, 7 -0.
DISCUSSION/DIRECTION/POSSIBLE ACTION
D1 Relating to Mayor and Council; selection of the Vice Mayor (Cherry L. Lawson)
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2
Mayor Honea moved and Council Member Comerford second the motion to appoint
Vice Mayor Jon Post to continue to serve as Vice May or for a two-year term.
Mayor Honea asked for a roll call vote.
Ayes: Mayor Honea, Vice Mayor Post, Council Members Comerford, Craig,
Kai, and Officer.
Nays: Council Member Ziegler
Motion passes, 6-0.
D2 Relating to Development; Discussion and direction concerning proposed
regional public infrastructure deal points for a development agreement for the
Mandarina development project located north of I-10, north and northwest of the
Tangerine Road traffic inte rchange (Jane Fairall)
Town Attorney Jane Fairall introduced former Town Attorney Frank Cassidy who
provided an overview of the Mandarina development project.
Mr. Cassidy highlighted the below concerns and deal points :
• Lack of infrastructure in the area, and having someone to upfront the cost to have
it installed. How best to deal with reimbursing the developer for the oversizing of
the infrastructure. The four infrastructure items are:
o First, is a 15-inch sewer that connects to the Tangerine Downtown Sewer
that the Town installed a few years ago at Moore Road, a nd the future Clark
Farms Road intersection. It will go underneath the freeway up to the
western tip of Mandarina.
▪ It will be sized for the whole area, but more than half of its size
would be available for other developments.
o The second is the off-site water, 16-inch water line . The line will end in
front of the Quik Trip Gas Station.
▪ It will go under the freeway, under the Union Pacific Railroad; it has
to go inside a 32-inch pipe.
• A 16-inch pipe is located inside of a sleeve that goes across
that. An expensive piece of construction will go to the
intersection of Mandarina Boulevard.
• At that point, a 12-inch line will go into Mandarina. The town
will only talk about the 16-inch line that goes to Tangerine
Road. That 16-inch line will continue eastward and connect to
the system that the town built in the Marana Technology
Park.
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o The third set of infrastructure is the series of drainage improvements. A
drainage improve ment runs along the eastside of Mandarina, then travels
along Tangerine and runs along Union Pacific Railroad . It then connects to
a second regional drainage facility, referred to as Regional Detention
Basin.
▪ A northern channel that collects drainage from that sub-region, and
takes it to that detention basin.
o A fourth area of infrastructure is non-potable. There is a requirement within
zoning requiring them to serve the property with non -potable. However,
the property is not located within the CMID district.
▪ In order from the easiest to the most difficult, the 15 -inch sewer.
▪ The Town is proposing on the 15 -inch sewer to have that as a
protective facility under the Town’s current Protective Facilities
Ordinance that is located in the Utilities Chapter of the Town Code.
▪ Protecting that facility, the Town would bring as part of the
Development Agreement a Proposed Prote cted Facility fee, and
other property owners who would connect to that, primarily the
Tortolita Shadows to the north and to the former Deconsini property
located further east. That sewer could potentially serve property as
well as LA Mirage depending on how they would provide service to
the area.
▪ There is nearly 3,000 units of capacity available inside of that 15 -inch
line.
• The first deal point would be to authorize Town staff to move forward with
identifying this as a Protective Facility, so to establish a fee that others looking to
connect would pay. It would be a per unit charge for connection.
• The second deal point would address the water facility. The 16 -inch water facility
will be part of the inner-connect. The Town’s long -term goal i s to inner-connect all
of its satellite water systems. The Town’s Infrastructure Impact Fee Program for
Water Facilities will continue to include inner-connections.
o The Town would propose for the 16 -inch water line, the Town would
initially ask for a protected facility designation for that facility as well. The
Town would then anticipate adding that 16 -inch project to the Town’s
Impact Fee Program for the Water Infrastructure Impact Fee. Once it is in
the Impact Fee Program, then others would simply pay t he impact fee, and
Mandarina would certainly be entitled to a credit against the impact fee.
o Propose to move forward and allow them to credit their full infrastructure
impact fee until that facility is reimbursed. Doing so, would allow
Mandarina to recei ve reimbursement quickly.
Vice Mayor Post stated the Town could do both, but that it could remain a protected
facility until the infrastructure impact fee is in place. He asked whether it would remain
protected while the Town collects the fee on it. Mr. Cassidy replied stating that is correct.
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Under state law, there is a two-year moratorium period . If someone initiates a subdivision
before the Town’s impact fee is in place, they will have two years that they would not
have to pay the impact fee. The Town would leave the protected facility fee in place to
cover the entire time -period so to recoup those fees, also for others who wish to tap into
it.
Mr. Cassidy explained the question for the Council is whether it is comfortable is
allowing the Town to reimburse the full amount of the infrastructure impact fee, until
Mandarina is reimburse; or, make it less.
• The third piece of infrastructure is to take all of those drainage facilities together.
One way to pay for critical infrastructure is the drainage facilities are regional
drainage facilities that are certainly critical infrastructure, is to get a developer to
upfront them. If there is a developer who is willing to upfront the cost of that
critical infrastructure, that appears to be a logical way to do that.
o The Town would propose, like the 16 -inch water line, the Town would
suggest that it expand its protected facility program to include drainage
facilities.
o It would require a Town Code amendment that would come before the
Council for its approval. The Council could consider the amendment on
the same day as the Development Agreement. That way when the Town
constructs a drainage facility, it can be reimbursed through the protected
facility charges. When a developer builds a facility, it would be reimbursed
and paid those fees. Currently, the Town does not have an impact fee for
drainage; however, it could eventually end up having (as it has been
discussed among staff; however, have not determined a good approach to
it.) one.
o The fallback approach is to do a protected facility. As another development
needs to drain into this series of facilities, you determine how much flow
will come from that development. Then yo u determine how much capacity
is taken up, and you develop a fee for it. It is the same concept of putting
water through a pipe.
Mr. Cassidy acknowledged Clint Glass who handles these types of issues is in the
audience and could speak to Council on this m atter.
Vice Mayor Post stated he would like to address some drainage concerns that may or
may not be pertaining to the development agreement. Mr. Cassidy stated anything
related to Mandarina is up for discussion. He continued explaining the deal points.
• Related to the drainag e facility, the Town suggests it go ahead and establish the
protected facilities fees for each of those three facilities. The trouble with that is if
you are the developer, and you only rely on that, that developer would not be
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paid back until there is 100% development in the area. That is, until all of those
facilities are completely filled -up. A significant portion of the future flows into
this area is areas owned by State Lands. The Town has no idea of when that will
come forward. Having these facilitie s in place, will make other development able
to come forward.
o The Town would recommend that Council would allow a reimbursement
from Construction Sales Tax generated by the Mandarina Development.
That is, if they generate the Construction Sales Tax, it co mes back to them.
If others develop with water going into those facilities, those other
developments would pay those protected facilities fees. Those fees are used
to payback Mandarina. In using this approach, the revenues are generated
by the development.
o If Council is okay with this concept, what remains to be discussed is how
much of the Construction Sales Tax would be used to reimburse them. We
have four pennies ($.004) of Construction Sales Tax. By resolution, three of
those four pennies are set aside for transportation. The Tangerine Corridor
Project has been discussed for years, and the design concept report for that
drainage comes to this facility. In north Marana, one of the cross sections
for our major roads includes drainage facilities.
o The three pennies that has been set aside for transportation ought to be
used to reimburse this developer for these drainage facilities. Once those
facilities are paid in full , the remaining of those dollars come back to the
Town, and the Town should leave the protected facilities in place. Despite
the developer being fully paid, the Town wants to be repaid as well.
Town Engineer Keith Brann commented on the map sent to Council by the Tortolita
Alliance organization stating that stu dy was part of the Northwest Drainage Study the
Town performed over the last year or two. That study was a refinement of the Tortolita
Fan Study the Town did to change or affect the FEMA map. FEMA was going to put the
entire northwest into the floodplain. CMG Drainage conducted that study as well with
FEMA that affected the flood insurance rate maps. The study the Town conducted two
years ago was a refinement of that study with modern software, better computing power
and better typography. That it did not change the risk of flooding; however, showed us
a much better fashion where the water actually went. The risk hazards were unchanged,
but that it resulted in the Town knowing how much water there was.
He continued stating from that point, the Town was able to model improvements that
changed the floodplain. That was the purpose of that study; namely does the Barnett
Channel work, it does. The Town learned that as long as you take it up to the cap and
capture the water at the ove rshoot. That was a big part of that study. The other part to
that study involved looking at west of the river as well as the Marana Airport area. That
led to another project, which is to remap the airport and get it out of the floodplain. That
process is moving very well, and the Town has been receiving and providing information
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back from FEMA. The Town looks to have that completed, but not necessarily out of the
floodplain, the knowledge of the floodplain by years end. However, there is a timeframe
before FEMA moves forward to remap the area. It is likely to be completed sometime
next year.
The map that the Tortolita Alliance emailed to Council is the current effect ive floodplain
of the Tortolita Fan, FEMA mapping. If you were in one of the blue areas, yo u would
have to have flood insurance. Mr. Brann mentioned one of the comments from the
Tortolita Alliance related to floodplain and this agreement related to the standard of care,
or the “100 year” flood. The Town does not like to use the term of 100 -year flood, as it is
a misnomer—people think there is a flood every 100 years. It is not. He explained how
the 100-year is defined, as 1/100 or one (1%) percent of occurring every year including
back-to-back years. FEMA uses the term base flood, which the map is based upon;
standard floodplain.
Tortolita Alliance ask why the Town does not use the 200 -year flood or the 500-year flood.
That is not the standard of care across the nation —the nation uses the 100-year flood
except in cases where there is critical i nfrastructure. Critical facilities do design to a higher
standard. Development does not design to that standard. That is more of a policy
standard that is used across the country.
Council expressed concern with the ponding of water and its potential affect the Town
drainage channels and neighb oring structures in the future. Mr. Brann explained it is the
policy of the Town when there is development especially in that area, a developer is not
allowed to increase the flow leaving the site great er than that of the existing conditions.
That is the purpose of the basin, to hold the water and metered it out at the existing flow
rate. However, that only applies to the regional water that is intercepted by those ditches
brought to those basins. Every drop of water that fall onto Mandarina is under the
northwest policy, which is full retention.
Clint Glass of CMG Drainage Engineering, Inc. provided an explanation of the
oversizing of the drainage stating when they had done the FEMA Flood Insurance Stud y
Map in 2011 was to study two types of storms for the FEMA mapping. It is referred to as
the regional type of storm. They looked at 3.5 to 4 inches of rainfall over the entire
watershed, which is approximately 165 sq. miles. The runoff from that was determined
that the flow-depth were mapped, that is the basis of the FEMA Floodplain Mapping.
He continued stating one of the requirements of the Town from that study was to analyze
a non-regional storm, which looked at the possibility of higher intensity rain fall than that
of FEMA requirements for the 100 -year flood. That resulted in a mapping of
determination for peak discharge that is based on 4.5 to 5 inches of rainfall during a 24 -
hour period over 165 sq. miles. That is in excess of what is required by FEMA, which
would place the standards of most communities at requires. The level of safety is built -
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into the determination of the peak discharge rate of which the channels were designed to
handle. That is a factor of safety and is not related to a 200 -year storm per se. However,
they have accounted for a higher intensity of rainfall over that large area in sizing the
channels.
Council continued discussing the drainage concerns within the community and across
the highway related to water being metered and possible overflows, how it will be
handled, and future cost involved for the Town.
Vice Mayor Post and Mayor Honea asked whether any of the Transportation Impact
Fees collected would assist the Town with Tangerine Roadway widening. Mr. Brann
replied stating Tangerine Roadway is in the Impact Fee Program for Phase 2. All
development in the northeast would pay for Tang erine Roadway. Actually, that is project
is in the northwest, and CAP Canal would benefit—not Tangerine Roadway.
Mr. Cassidy stated based on last year’s mediation agreement with Mandarina, they are
paying for the permanent part of the road that goes throu gh Mandarina. By paying for
that permanent road, it will become part of the Impact Fee Program. They will get impact
fee credits for the money that they are putting in for those permanent improvements. The
Town believes there will be some additional mone y after the credits given Mandarina.
As Mr. Brann stated, to the extent it goes beyond that, would be applied to the other
impact fee to the Northwest Roadway Impact Fee.
Mayor Honea stated after this project is buil d, the Town would need to have a structure
of the CAP , and a stop light on Tangerine. Although it is not necessary today, eventually
the Town will build that. He had hoped that the Town would be able to generate some of
those funds with this project, as it will serve this project immensely. Mr. Brann replied
stating it is his understanding of the agreement that it is a supercharge payback to the
developers. For the next several years, all monies generated from this development will
be to payback the developer. Mayor Honea expressed concern that Marana would likely
have to use General Fund dollars to pay for some of the roadway construction in the
future.
Council Member Ziegler asked what the numbers are for the project in that area. Chad
Rodriguez stated for regional improvements, the estimate comes out to over $23M; they
are not being reimbursed for all of that. Based on some of their concept for plans of
residential, commercial, light industrial, office and other opportunities that exist with
Mandarina for them to move forward, with Construction Sales Tax and Impact Fees, he
shows over $32M that is generated for the total build -out for Mandarina. They are not
requesting all of that back, not even 50% of it. They are requesting pay back on the front
end. They are the financi ng mechanism that gets the infrastructure build, as they are not
requesting reimbursement from the Town upfront. He stated they would do that. They
wish to have pay back. One of the items discussed is the drainage that is a concern for
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everyone. They look at the project from a cost aspect. They are only using 25% capacity
from that channel on the north-end up to the pond. However, their request is for $.75
reimbursement on the entire stretch even though down near Tangerine Road, he believes
they would only use 10% of the channel. The rest is open to allow others to come in and
use.
Vice Mayor Post thanked Mr. Rodriguez for not adding a CFD to the project. Mr.
Cassidy replied stating as part of the agreement last year, it does allow Mandarina to
request a CFD.
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 cer tain matters.
E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter li sted on
this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A).
FUTURE AGENDA ITEMS
Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2 -4-2(B).
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Vice Mayor Post, moved and Council Member Officer second the motion to adjourn the
meeting. Motion passes unanimously, 7 -0. Meeting adjourned at 7:18 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes for the Study Session
Meeting of the Marana Town Council meeting held on November 10, 2020. I further
certify that a quorum was present.
____________________________________
Cherry L. Lawson, Town Clerk
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1
MARANA TOWN COUNCIL
STUDY SESSION
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 13, 2020 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
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL :
Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the
roll. Mayor Honea, Vice Mayor Post, Council Members: Dave Bowen, Patti Comerford
(Excused), Roxanne Ziegler, John Officer (Excused), and Herb Kai.
PLEDGE OF ALLEGIANCE/INVOCATION/M OMENT OF SILENCE : Led by Mayor
Honea.
APPROVAL OF AGENDA:
Council Member Bowen moved and Vice Mayor Post second the motion approving the
agenda as presented. Motion passes, 5-0.
DISCUSSION/DIRECTION/POSSIBLE ACTION
D1 Relating to Budget; presentation, discussion and possible direction regarding
consideration of funding sources for the construction, acquisition, maintenance, and
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financing of critical infrastructure for the continued growth of the Town and safet y of
its residents (Yiannis Kalaitzidis)
Finance Director Yiannis Kalaitzidis provided a PowerPoint presentation overview
regarding consideration of funding sources for the construction, acquisition,
maintenance, and financing of critical infrastructure for the continued growth of the
Town and safety of its residents . (A copy of the presentation is on file in the Town Clerk’s
Office for review.) Below are highlights of the presentation.
Mr. Kalaitzidis stated staff is not offering a recommendation during the presentation, as
staff is making the examples available in an effort to facilitate conversation on the item.
Major Infrastructure Funding
• Marana continues to grow and is a driving force of new development
o Residential Market Share
o 5-year average, 2015-2019
o Sahuarita, 10%
o South Pinal, 9%
o Oro Valley, 9%
o Tucson, 20%
o Pima County, 28%
o Marana, 24% with 5% of total population of the Tucson Metro Area.
• Growth = Success
o Timing of infrastructure key to development success
▪ Build when developme nt is happening
▪ Build when circumstances dictate based on agreements
▪ Build now to allow for future development
o Unforeseen circumstances require flexibility
• Growth = Obligations
Obligation for Town to provide base infrastructure and amenities to residents
o Policy driven obligations
▪ Impact fee projects
▪ Development agreement – shared costs
▪ Intergovernmental agreements – shared costs
▪ Infrastructure maintenance
o Unforeseen circumstances
▪ Water Quality Treatment Plants
▪ Adonis Road Extension
o Future projects to be discussed soon or unknown to us at this time.
• Historical Funding Sources
o Local resources
▪ Dedicated funds (Transportation, HURF)
▪ Finance (Bonds, loans)
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▪ Impact Fees
▪ General Fund
o RTA, County
o Developer funding
o New revenue source – Sales tax increase
• Local resources
o General Fund
▪ Estimated available one -time funding at the end of FY2021 - $21
million
o Dedicated recurring funds (Transportation, HURF)
o Impact Fees
o Financing (Bonds, loans)
o RTA
o Developer funding
• Summary of Infrastructure Projects
o Slide on file in the Town Clerk’s Office
• Funding for Projects – Pay Go Example
o Slide on file in the Town Clerk’s Office
• Funding for Projects – Pay Go & Debt Financing Example
o Slide on file in the Town Clerk’s Office
• Next Steps – Requesting Council direction to present a program that considers:
o How to fund existing project needs:
▪ Use existing funding sources, including some portion of unrestricted
reserves
▪ Consider a dedicated sales tax
o Consider consequences of each approach:
▪ Impact of future growth
▪ Deferment of projects and deterioration of existing infrastructure
▪ Impact on health and safety and desired services for residents
• Sales Tax Comparison
o Retail Sales Tax Rate by Jurisdiction
▪ South Tucson 5.0%
▪ Eloy 3.0%
▪ Tucson 2.6%
▪ Oro Valley 2.5%
▪ Phoenix 2.3%
▪ Sahuarita 2.0%
▪ Marana 2.0%
▪ Casa Grande 2.0%
▪ Chandler 1.5%
• Current Tax Table
o Slide on file in the Town Clerk’s Office
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• By the Numbers – Estimates
o Slide on file in the Town Clerk’s Office
• Growth = Obligations: Obligation for Town to provide base infrastructure and
amenities to residents
o Policy driven obligations
▪ Impact fee projects
• Tangerine Farms Road
• Twin Peaks, Rattlesnake pass
• Marana Main Street
o Development agreements – shared costs
▪ Twin Peaks, Rattlesnake pass
o Intergovernmental agreements – shared costs
▪ Tangerine Road to I-10 [RTA funding]
▪ NWRRDS [Metro Water District, Oro Valley]
▪ Barnett Drainage Channel
• Unforeseen circumstances
o Water Quality treatment plants
o Adonis Road Extension
• Future projects to be discussed soon or unknown to us at this time.
• Funding Needed for Major Infrastructure Projects
o Water Quality Projects
▪ Water treatment plants – New sales tax, 1/10th or GF ongoing
o Water Conveyance System Redundancy & Reliabil ity Projects
▪ NWRDDS – GF (10m) or new sales tax
o Storm Drainage Management Projects
▪ Barnett Channel – New sales tax and FEMA
o Transportation Projects – New & Reconstruct/upgrade
▪ Tangerine to I-10
▪ Tangerine Farms Road
▪ Twin Peaks, Rattlesnake pass
▪ Marana Main Street
Mayor Honea expressed concern over raising taxes at this time during Covid -19, as there
are families struggling financially. He continued stating the WIFA Loan is the only loan
the town has at this time, and was a surprise to Council. The Gene ral Fund can be used
to pay the $1M per year for the Capital Debt Service without a tax increase. The funds for
the Adonis Road Project, was paid by taking funds from other projects that were not
needed at this time. He does not believe that neither of the two projects necessitate a half-
cent sales tax increase.
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He stated, the fact that the Town has to pay $12M -17M to construct Tangerine Road, and
we do not have the funds, $9M needed for the NRRDS Project and we do not have the
funds to complete.
Vice Mayor Post asked why the projects listed are not eligible for Impact Fees. Mr.
Kalaitzidis replied stating the listed projects are eligible for Impa ct Fees. Vice Mayor
Post asked why, then, is the amount not figured into the calculation. Mr. Kalaitzidis state
the calculation assumes that Impact Fees will be collected at some point in the future to
construct these projects. The slide is not available within this presentation. However, the
Impact Fee plan provides for the amount that will be collected f or the construction of a
project. Vice Mayor Post asked whether any of the listed projects are eligible for Impact
Fees. Mr. Kalaitzidis stated yes; NRRDS will be eligible once included in a future Water
Impact Fee Plan. It is not included as of this day, but will be included in the future. Those
Impact Fees would be collected over 10 to 15 year period for water projects. Vice Mayor
Post expressed concern that the presentation does not provide a complete picture of what
direction Council provides to Town s taff.
Mr. Mehta stated, for example, the Water Treatment Campus is not eligible for Impact
Fees. The Town would assume those costs when it has identified a solution for the
groundwater. Vice Mayor Post replied stating though he agrees there are few homes that
will tap onto that (ex: KB Homes), though others may tap on in the future. Mr. Mehta
stated the Town incurred those costs very quickly. We received a loan and the hope is
that through the lawsuit and any settlement that accompanies it from 3 -M would go
towards it. However at this time, we are not anticipating it, and the Town has to make a
$1M payment each year. Vice Mayor Post asked about the other projects. Mr. Mehta
provided an overview of the projects listed in the presentation, as well as the possible
financing of them. Vice Mayor Post expressed concern over how the projects are
presented stating the residents would have to carry the additional tax burden to comple te
those projects. He continued stating he would support an additional tax increase,
provided there is recovery of those funds to be used on future projects as the town grows.
The presentation does not provided sufficient information to Council so that it is able to
provide direction to Town staff.
Council Member Bowen asked whether Vice Mayor Post is concern that the positive
impact of the fees are not represented in the presentation, that only the cost are presented.
Vice Mayor Post replied that is correct. Council Member Bowen stated there would have
to be projections of the impact fees collected over some period to offset some of these
projects. He expressed concern regarding how the town would move forward to fund the
projects, such as using reserve funds to fund them as the projects has to be done. Vice
Mayor Post replied in agreement stating the Town needs to provide to Council a
comprehensive list of all of the projects, funding source and perhaps do an RTA type
program that indicates funds coming i n and out into perpetuity. Doing so would provide
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Council with the necessary information to make a decision regarding the funding of
projects.
Council Member Ziegler stated there is no good time to raise taxes. She respectfully
stated Council should not make broad statements to blame Town staff without providing
evidence. She agrees with Vice Mayor Post comments related to the Town needing
additional monies to fund projects, as Council has discussed the matter for a couple of
years through the use of sale s tax. Council could have provided much clearer direction
to Town staff during several Study Session Meetings. Vice Mayor Post stated he has
always been a proponent of an RTA style funding mechanism. Council Member Ziegler
stated she is a proponent of raising the sales tax. That although she does not like
increasing taxes, she is in favor of doing what is necessary for the town so that it continues
to grow and maintain a level of service for the community.
Council Member Kai stated he supports the comments of Council Member Ziegler, as
the Town is lagging behind on its tax rate at two (2%) percent. Marana is a growing
community and it has 24% of new construction permits. He appreciates Mayor Honea’s
concerns related to Covid-19; however, people are still coming to Marana and taking up
residence in the town. Council Member Ziegler stated Council would need to consider
the number to increase, and collectively make a decision for the community.
Mayor Honea clarified his earlier statements related to the projects referencing Tangerine
Road and RTA funding, that it was poor planning on the town. Vice Mayor Post replied
stating he disagrees about the poor planning as the town has $21M in the bank. The
planni ng was well done to be able to set aside that amount in the bank. The Council has
done a good job maintaining the Town of Marana, as it is maintenance people for its
residents. However, the Town is in dire need of additional funds. He would like to
review the full list of projects so to provide Council an opportunity to determine the
desired sales tax to leverage bonds.
Mayor Honea inquired of the use of bed and utility tax asking whether it the half -cent is
applied to those. Mr. Kalaitzidis replied stating in the particular model presented, it
would not apply.
Council continued to discuss the merits of the projects and the funding mechanism to
apply in an effort to look at the project list from Town staff. Mr. Kalaitzidis stated Town
staff could provide Council a list of projects along with the projected income cash flows.
Vice Mayor Post stated he would like to see a set of criteria the Town uses to set a priority
for projects that would be eligible for this source of funding.
Council Member Ziegler stated one of the items that came up during the discussion of
the 2040 General Plan was a town recreation center. Marana has over 50,000 residents,
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and the Town really needs to have its own recreation center, as there is a need for one. If
Council increase the sales tax, would the recreation center be included within that list so
that it, too? She commented on the success Town achieved when it issued a temporary
sales tax for the construction of the newly built police building. It is possible to do
something similar for a recreation center.
Mayor Honea issued an apology to Town staff for his earlier comments. He commented
on the use of a sales tax that restrictions are placed on it, and is used for capital projects
no supplementing O&M etc.
Mr. Mehta stated the direction is clear to Town staff. However, the presentation before
the Council does not replace the information the Town presented to Council during the
last fiscal year. That along with the information presented is as much the scenario as
tonight. There was a specific question of how long and the minimum amount the Town
would need to complete the immediate needed projects. It does not take away from the
argument that was presented the previous fiscal year. It would be good to have a long -
term critical infrastructure fund set-up that would not only address the items on the list,
but would have the propensity to grow and handle certain projects in the future.
He continued stating when the Town speaks of being reimbursed through Development
Impact Fees the Development Impact Fee will never bring back the full cost that is paid
out. New development will pay; however, it will not be to the full amount. State law is
such that a city or town can only charge for that portion that will be used in that capacity
in that timeframe.
D2 Relating to Utilities; discussion and direction on wat er wheeling and recovering
the cost of future water infrastructure or the excess-wheeled water cost (Frank Cassidy)
Town Attorney Frank Cassidy stated he and Water Director Scott Schladweiler worked
on this item together. He provided a historical perspective of the wheeling agreement
and how the Town arrived at this point , and a PowerPoint Presentation. (A copy of the
presentation is on file in the Town Clerk’s Office.)
Tucson Water started serving part of this area before the Town of Marana existed. Some
of the areas that are town limits, Tucson Water has been serving those residents and
businesses for decades. The reason why Tucson Water began serving areas outside of its
limits is due to its belief that Tucson Water would be the water provider from mountain
range to mountain range. As a result, they received a CAP accordingly by taking that
position.
As water resources became more expensive, T ucson Water changed its policy and
decided it would not provide services ou tside of the Tucson city limits. They eventually
met with the Town and stated if the Town wanted Tucson Water to provide services, the
AMENDED Regular Council Meeting 12/01/2020 Page 50 of 177
Study Session Summary Minutes 10/13/2020
8
Town needs to pay the water resource fees. The Town started paying those fees , and have
re -up the in paying through an intergovernmental agreement (IGA) during his tenure.
The Town suggested Tucson Water sell its water system to the Town, as long as it has
water in the pipes. Tucson Water has not decided to sell its system to the T own. As a
result, the Town has been left with something of a patchwork deal of having to respond
to the city’s policy of which they will not expand into the town limits, without the Town
of Marana participating.
Mr. Cassidy provided an overview of the IGA’s with the City of Tucson explaining the
Town’s position that as long as there are properties in the Town of Marana that meets
Tucson’s service water policy, you will provide service and give the Town the water
resource at the end of the year. Those properties would be Tucson Water customers. In
August 2020, the Town reached a deal on the Wheeling Agreement. It allows the Town
of Marana to use the Tucson Water pipes to wheel CAP water through the Tucson Water
pipes to make a connection to areas right near Tucson Water has pipes that are far away
from where Marana has pipes but that are in the town limits of Marana. He continued
explaining that due to Marana is having to wheel through Tucson Water entire system,
there are addi tional cost related to it.
Council Member Bowen asked when the Marana is wheeling water, is it physical wet
water that is being wheeled, or providing Tucson Water credit so that they can provide
its own water to Marana residents and businesses. Mr. Cassidy replied stating Marana
takes its CAP and put an allocation of our CAP into CAV -SARP Tucson Recharge Facility.
With that quantity of water, Tucson through its pipes provide service to Marana’s
properties. Council Member Bowen asked whether there is a sufficient way to do that
without having to move Marana’s water to Tucson Recharge Facility, given the policy.
Mr. Cassidy replied stating he does not believe that is possible. Town staff tried to get
the City to broaden the pre -existing IGA whereby Marana transfers to Tucson Water
credit at the end of the year for all of the water that is used by new customers in Marana.
However, Tucson Water rejected that offer.
Council Member Kai provided clarification to the water basin and the CAP to Council.
Vice Mayor Post asked whether the Town is able to recover those water credits or fully
assume. Mr. Cassidy replied stating Marana does recover the cost in two ways, 1) Marana
knows that i t has that water resource obligation, each connection to Tucson Water for
which Marana is obligated to provide water resources, has to pay a Water Resource
Impact Fee. Marana would receive a lump sum amount to find water resources , and 2) a
water rate element that is for water resources .
Mr. Cassidy stated Town staff is seeking direction from Council on the implementation
of two wheeling policies, a Temporary Wheeling Policy, and a Permanent Wheeling
Policy, as provided below:
AMENDED Regular Council Meeting 12/01/2020 Page 51 of 177
Study Session Summary Minutes 10/13/2020
9
“Temporary Wheeling” Policy : For development projects located where MW plans to
extend its water infrastructure
• Allow wheeling only when the developer's cost to extend MW infrastructure
would make the development project not financially feasible
• Even then:
– Use wheeling temporarily -- until a MW main reaches the development
– Require the developer, up front as a condition of service, to advance the
development's fair share cost to extend the Town's water lines
– Until a MW main reaches the development, customers in the development
will pay a higher wheeled water rate
“Permanent Wheeling” Policy : For development projects located where MW DOES NOT
plan to extend its water infrastructure:
• Require the developer to pay MW, up front as a condition of service, a financial
contribution sufficient to cover the higher cost of wheeled water, giving MW the
ability to charge customers in the development the same water rates as customers
not served by wheeling
Mayor Honea opened the meeting to receive comment from the public. The following
individual p rovided comments.
Ross McCallister, Developer of the Silverbell Gateway Apartments project who has been
working with the Town for over 1 ½ years. Relating to its project, any fee at all will result
in additional cost that will be passed on to the resident s. That would result in higher
rental rates, and would put pressure on affordability. The increase would result in them
not being competitive as others in a similar market. He expressed concern with a
proposed temporary fee being imposed that may be remov ed later.
Douglas Kennedy commented stating he had spent two years under development with
Silverbell Gateway Apartments. He expressed concern with the water agreement with
the City of Tucson Water. He complimented Mr. Cassidy and Mr. Schladweiler on their
efforts to bring this forward. He stated he is responsible for thi s agreement, that if others
can use it that would be fine as well. Tucson charges him an annual rate for the water
allocation. He expressed concern with the proposed plan by the Town.
Mayor Honea closed the meeting to comment on this item.
Mayor Honea and Council Members discussed this item and provided direction to
Town staff.
D3 Relating to Economic Development; update, discussion, and direction regarding
possible establishment of a local small business assistance program to assist businesses
AMENDED Regular Council Meeting 12/01/2020 Page 52 of 177
Study Session Summary Minutes 10/13/2020
10
located within the Town of Marana impacted by the COVID -19 pandemic (Heath
Vescovi-Chiordi)
Assistant to the Town Manager Heath Vescovi-Chiordi provided a brief PowerPoint
Presentation on this item and asked for direction of the Council. (A copy of the
presentation is on file in the Town Clerk’s Office for review.)
• Requested research on this item in July 2020
• Staff was directed to look at business assistance examples in our region, as well
as State and Federal programs
• Consider various additional factors as a result of research
• Present findings to Council for discussion and directi on
Mayor Honea and Council Members discussed this item and provided direction to
Town staff.
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.
[8:45 PM Minutes:]
Vice Mayor Post, moved and Council Member Bowen second the motion to enter into
an executive session for the purpose provided in Item E2. Motion passes, 5 -0.
E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A).
E2 Executive Session pursuant to A.R.S. §38 -431.03 (A)(4), for discussion with the
Town’s attorneys in order to consider the Town’s position and instruct its attorneys
regarding the terms of a proposed development agreement with Meritage Homes
Arizona, Inc. pertaining to public infrastructure funding for the Ranc ho Marana 154
project.
[9:03 PM Minutes:]
Mr. Cassidy offered language for the Council to consider in its motion.
Vice Mayor Post moved and Council Member Bowen second the motion authorizing
staff to negotiate an amendment to the Rancho Marana 154 development agreement
along the lines discussed in executive session. Motion passes, 5-0.
FUTURE AGENDA ITEMS
AMENDED Regular Council Meeting 12/01/2020 Page 53 of 177
Study Session Summary Minutes 10/13/2020
11
Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2 -4-2(B).
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Vice Mayor Post, moved and Council Member Bowen second the motion to adjourn the
meeting. Motion passes, 5-0. Meeting adjourned at 9:04 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes for the Study Session
Meeting of the Marana Town Council meeting held on October 13, 2020. I further certify
that a quorum was present.
____________________________________
Cherry L. Lawson, Town Clerk
AMENDED Regular Council Meeting 12/01/2020 Page 54 of 177
Council-Regular Meeting A1
Meeting Date:12/01/2020
To:Mayor and Council
Submitted For:Jane Fairall, Deputy Town Attorney
From:Frank Cassidy, Town Attorney
Date:December 1, 2020
Strategic Plan Focus Area:
Not Applicable
Subject:Ordinance No. 2020.020: Relating to Utilities; amending Marana Town
Code Title 14 (Utilities), Chapter 14-4 (Construction and Financing of
Utility Facilities) to modify sections 14-4-3 (Capacity requirements),
14-4-4 (Refund of cost of facilities funded and installed by town), and
14-4-5 (Notice of protected facility and associated charge) to make the
protected facility designation and protected facility charge available for
drainage facilities (Jane Fairall)
Discussion:
The Town Code currently allows only water and wastewater facilities to be designated
as "protected facilities" with an associated "protected facility charge" payable by other
benefiting property owners. This proposed agenda item would add drainage facilities to
the type of facilities that can be designated as a "protected facility." This item is being
brought forward as a result of the Council's discussion at the November 10 study session
of the proposed Mandarina Development Agreement deal points.
A relatively simple Town Code revision is required to add drainage facilities to the list
of potential protected facilities. Under the proposed provision, the Town Engineer will
be responsible for the designation of protected drainage facilities. The Water Director is
responsible for the designation of protected water and wastewater facilities. But
otherwise, the process for making the designation and determining and giving notice of
the associated protected facility charge are the same for drainage facilities as for water
and wastewater facilities.
AMENDED Regular Council Meeting 12/01/2020 Page 55 of 177
Staff Recommendation:
Staff recommends adoption of Ordinance No. 2020.020, making the protected facility
designation under Town Code Chapter 14-4 available to drainage facilities.
Suggested Motion:
I move to adopt Ordinance No. 2020.020, making the protected facility designation
under Town Code Chapter 14-4 available to drainage facilities.
Attachments
Ordinance No. 2020.020
AMENDED Regular Council Meeting 12/01/2020 Page 56 of 177
Ordinance No. 20 20.020 - 1 - 11/15/2020 1 1 :40 AM
MARANA ORDINANCE NO. 20 20.020
RELATING TO UTILITIES; AMENDING MARANA TOWN CODE TIT LE 14
(UTILITIES), CHAPTER 14-4 (CONSTRUCTION AND FINANCING OF UTILITY
FACILITIES) TO MODIF Y SECTIONS 14-4-3 (CAPACITY RE QUIREMENTS), 14-4-4
(REFUND OF COST OF FACILITIES FUNDED AND INSTALLED BY TOWN), AND
14-4-5 (NOTICE OF PROTECT ED FACILITY AND ASSO CIATED CHARGE) TO MAKE
THE PROTECTED FACILITY DESIGNATION AND P ROTECTED FACILITY CHARGE
AVAILABLE FOR DRAINAGE FACILITIES
WHEREAS Marana Town Code Title 14 (Utilities), Chapter 14-4 (Construction and
Financing of Utility Facilities), sections 14-4-3 (Capacity requirements), 14 -4-4 (Refund of
cost of facilities funded and installed by town), and 14 -4-5 (Notice of protected facility
and associated charge) provide for the designation of water and sewer facilities as
protected facilities and authorize the creation of a protected facility charge associated
with those facilities ; and
WHEREAS the Town Council finds that the best interests of the Town and its
citizens and busi nesses are served by expanding the protected facility designation and
protected facility charge to include drainage facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Marana Town Code Title 14 (Utilities), Chapter 14-4 (Construction
and Financing of Utility Facilities) is hereby amended to revise section 14-4-3 (Capacity
requirements) as follows (with additions shown with double underlining and deletions
shown with strikeouts):
14-4-3 Capacity requirements
A. Water, or wastewater, or drainage system capacity requirements. The town water
director may require an applicant to install “on-site” or “off-site” water and/or
wastewater facilities of a size greater than is required to provide service to
applicant’s development, and the town engineer may require an applicant to
install “on-site” or “off-site” drainage facilities of a size greater than is required
to protect or serve applicant’s development . This requirement to install
oversized facilities is referred to as oversizing.
B. [No changes]
AMENDED Regular Council Meeting 12/01/2020 Page 57 of 177
Ordinance No. 20 20.020 - 2 - 11/15/2020 1 1 :40 AM
C. Oversizing recovery charge. The council may, at its sole option, designate the
facility as a “protected facility” and establish an “oversizing recovery charge”
to be charged proportionately to each subsequent use of the protected facility
connection by non-participating property owners ma de to or benefiting from
the oversizing.
SECTION 2. Marana Town Code Title 14 (Utilities), Chapter 14-4 (Construction
and Financing of Utility Facilities) is hereby amended to revise section 14 -4-4 (Refund of
cost of facilities funded and installed by town) as follo ws (with additions shown with
double underlining and deletions shown with strikeouts):
14-4-4 Refund of cost of facilities funded and installed by the town
If a water, or wastewater, or drainage facility is installed and funded by the town
to provide water or wastewater service or drainage to a property not participating
in the construction cost, the water director or town engineer may request that the
council designate the facility as a “protected facility” and establish a “protected
facility charge” to be charged proportionately to each subsequent use of the
protected facility connection by non-participating property owners made to or
benefiting from the protected facility.
SECTION 3. Marana Town Code Title 14 (Utilities), Chapter 14-4 (Construction
and Financing of Utility Facilities) is hereby amended to revise section 14 -4-5 (Notice of
protected facility and associated charge) as follows (with additions shown with double
underlining and deletions shown with strikeouts ):
14-4-5 Notice of protected facility and associated charge
A. Not less than 30 days before the designation of a protected facility and the
adoption of an oversizing recovery charge or protected facility charge, the
water director (for water or wastewater facilities) or town engineer (for
drainage facilities) shall notify owners of potentially affected property.
B. Potentially affected property consists of lands the water director or town
engineer reasonably believes are likely someday to be served or drained by the
protecte d facility, taking into consideration topography, proximity, and (for
water or wastewater facilities) normal water and sewer facility service and
extension factors or (for drainage facilities) anticipated drainage flow
attributes.
C. [No changes]
D. All of the following shall be included with the notice:
1. [No changes]
2. The amount per equivalent demand unit, acre, unit of flow, or other similar
measurement of the oversizing recovery charge or protected facility charge.
3. [No changes]
AMENDED Regular Council Meeting 12/01/2020 Page 58 of 177
Ordinance No. 20 20.020 - 3 - 11/15/2020 1 1 :40 AM
4. [No changes]
E. [No changes]
SECTION 4. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 5. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motio ns of the Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be i nvalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 7. This ordinance shall become effective on the thirty -first day after its
adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of December, 2020.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
AMENDED Regular Council Meeting 12/01/2020 Page 59 of 177
Council-Regular Meeting A2
Meeting Date:12/01/2020
To:Mayor and Council
Submitted For:Jane Fairall, Deputy Town Attorney
From:Frank Cassidy, Town Attorney
Date:December 1, 2020
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2020-130: Relating to Development; approving and
authorizing the Mayor to sign the Mandarina Development Agreement
for development north and northwest of the Interstate 10 and Tangerine
Road traffic interchange; and authorizing the Town Engineer to sign a
quit claim deed of abandonment for unneeded right-of-way in
Mandarina (Jane Fairall)
Discussion:
This agenda item brings forward the Mandarina Development Agreement, key deal
points of which were discussed at the November 10 Council study session. In addition to
the deal points discussed on November 10, this DA carries forward the Mandarina
Mediation Agreement, which was approved by the Council on October 29, 2019 by the
adoption of Marana Resolution No. 2019-110. The Mandarina Mediation Agreement and
its two amendments, which were not previously recorded, are attached as Exhibit A to
the Mandarina DA. If the Mandarina DA is approved by the Council, the Mandarina
Mediation Agreement will be recorded with it.
As discussed in the November 10 study session, the Mandarina DA provides for the
designation of certain off-site sewer, off-site water, and on-site drainage facilities to be
designated as "protected facilities" under Town Code Chapter 14-4 (as amended at
tonight's meeting to add drainage facilities). Under the terms of the Mandarina DA, as
the Developer is ready to move forward with construction of each of the protected
facilities, a standard Town of Marana form of "Agreement for Construction of Facilities
under Private Contract" will be brought forward for Council consideration. The
Agreement for Construction of Facilities under Private Contract will contractually
obligate the Developer to promptly construct the facility and will establish the
AMENDED Regular Council Meeting 12/01/2020 Page 60 of 177
"oversizing recovery charge" associated with that particular protected facility.
Benefited properties will be designated for each of the protected facilities, notice will be
given to the owners of the benefited properties, and the oversizing recovery charges will
be formally adopted as each Agreement for Construction of Facilities under Private
Contract is brought forward.
The Mandarina DA provides for the oversized portion of the Offsite 15" Sewer to be
reimbursed only through oversizing recovery charges to be adopted when the
Agreement for Construction of Sewer Facilities under Private Contract (Exhibit D to the
Mandarina DA) is brought forward to the Council. Based on the current cost estimate
and capacity calculation for the offsite sewer, the Developer is eligible to
receive $1,218,164 in oversizing recovery charges for the offsite sewer.
The Mandarina DA provides for the Offsite 16" Potable Water Main that the Developer
will build in the Tangerine Road right-of-way (under the freeway and the UPRR) to be
reimbursed (i) through oversizing recovery charges to be adopted when the Agreement
for Construction of Water Facilities under Private Contract (Exhibit E to the Mandarina
DA) is brought forward to Council and (ii) through Water Infrastructure DIF credits. The
Mandarina DA requires the Town to add the Offsite 16" Potable Water Main to its next
Water Infrastructure DIF infrastructure implementation plan. Once the Offsite 16"
Potable Water Main is included in the Town's Water Infrastructure DIF, the Developer
will receive full credit or reimbursement of Water Infrastructure DIFs paid by
development in Mandarina until the full cost of the Offsite 16" Potable Water Main is
paid to the Developer through a combination of DIF credits and oversizing recovery
charges. Based on the current cost estimate and capacity calculation for the offsite sewer,
the Developer is eligible to receive a total reimbursement of the full $1,363,643 cost of the
offsite water main through a combination of oversizing recovery charges and Water
Infrastructure DIF credits.
The Mandarina DA provides for the oversized portion of the three regional drainage
facilities that the Developer will build to be reimbursed (i) through oversizing recovery
charges to be adopted when the Agreement for Construction of Drainage Facilities
under Private Contract (Exhibits F, G, and H to the Mandarina DA) are brought forward
to Council and (ii) through Town reimbursement of the three-fourths "transportation"
share of the Town's 4% construction sales tax revenues generated from within the
Mandarina project boundaries and from the public infrastructure projects constructed by
the Developer of Mandarina for the Mandarina project. To track the particular
construction sales tax revenues that are available for reimbursement, the Mandarina DA
includes a provision requiring the Developer's contractors to separately track Mandarina
construction activities. Based on the current cost estimates and capacity calculations for
the regional drainage facilities, the Developer is eligible to receive a combined total
reimbursement of $7,569,803 for the oversized portion of the regional drainage facilities.
Of this amount, $5,255,396 is for the oversized portion of the Regional Channel, $693,278
is for the oversized portion of the North Channel, and $1,621,129 is for the oversized
portion of the Detention Basin. After these reimbursements are completed, the Town will
continue to collect the oversizing recovery charges for the regional drainage
facilities until the Town recovers the full amount of construction sales tax
reimbursements to the Developer.
AMENDED Regular Council Meeting 12/01/2020 Page 61 of 177
Certain deal points from the October 2019 Mandarina Mediation Agreement are
reiterated or clarified in the Mandarina DA:
The Mandarina Development Agreement gives the Developer credit against
roadway impact fees for the Developer's contributions toward the cost of
permanent Adonis Road and Mandarina Boulevard, as provided in the Mandarina
Mediation Agreement.
The Mandarina Mediation Agreement waives application and review fees through
the approval of the Mandarina block plat, including fees associated with the
formation of a CFD for the Mandarina property. The DA reiterates those fee
waivers and includes language from previous DAs concerning bringing forward
the CFD formation for Council consideration.
If approved, this resolution will also authorize the Town Engineer to sign a quit claim
deed for right-of-way dedicated to the Town by the Developer for temporary Mandarina
Boulevard. The temporary right-of-way is no longer needed because of the Developer’s
dedication of permanent Mandarina Boulevard pursuant to the Second Amendment to
Mediation Agreement approved by Marana Resolution No. 2020-097 on September 1,
2020.
Financial Impact:
The financial impact of the Mandarina DA will depend on when the Developer moves
forward with development of the Mandarina property. However, in all cases, the
Mandarina DA requires the Developer to up-front infrastructure costs, and provides for
reimbursements to be paid out of revenues generated by the Mandarina project itself or
through oversizing recovery charges paid by other benefiting properties. The Mandarina
DA carries forward the Town's Adonis Road funding obligations and the Town's waiver
of certain fees from the 2019 Mandarina Mediation Agreement. But otherwise the
Mandarina DA does not require the Town to front the cost of any infrastructure needed
to serve Mandarina.
Staff Recommendation:
Town staff recommends adoption of Resolution 2020-130, approving and authorizing the
Mayor to sign the Mandarina Development Agreement and authorizing the Town
Engineer to sign the quit claim deed for a portion of the temporary Mandarina
Boulevard right-of-way.
Suggested Motion:
I move to adopt Resolution 2020-130, approving and authorizing the Mayor to sign the
Mandarina Development Agreement and authorizing the Town Engineer to sign the quit
claim deed for a portion of the temporary Mandarina Boulevard right-of-way.
Attachments
Resolution No 2020-130
Mandarina DA with exhibits AMENDED Regular Council Meeting 12/01/2020 Page 62 of 177
Mandarina DA with exhibits
Mandarina Blvd QCD
AMENDED Regular Council Meeting 12/01/2020 Page 63 of 177
Resolution No. 2020-130 - 1 - 11/22/2020 7:37 PM
MARANA RESOLUTION NO. 2020-130
RELATING TO DEVELOPMENT; APPROVING AND AUTHOR IZING THE MAYOR
TO SIGN THE MANDARINA DEVELOPMENT AGREEMENT FOR DEVELOPMENT
NORTH AND NORTHWEST OF THE INTERSTATE 10 AND TANGERINE ROAD
TRAFFIC INTERCHANGE; AND AUTHORIZING THE TOWN ENGINEER TO SIGN A
QUIT CLAIM DEED OF ABANDONMENT FOR UNNEEDED RIGHT-OF-WAY IN
MANDARINA
WHEREAS the Marana Town Council created the Mandarina Specific Plan on
February 17, 2009, by its adoption of Marana Ordinance No. 2009.02; a nd
WHEREAS the Mandarina Specific Plan governs the development of
approximately 342.3 acres of land located north and northwest of the Interstate 10 and
Tangerine Road traffic interchange; and
WHEREAS the Town’s consultant and staff have negotiated the terms of a
development agreement for the area governed by the Mandarina Specific Plan; and
WHEREAS right-of-way dedicated to the Town by the Developer for temporary
Mandarina Boulevard is no longer needed because of the Developer’s dedication of
permanent Mandarina Boulevard pursuant to the Second Amendment to Mediation
Agreement approved by Marana Resolution No. 2020 -097 on September 1, 2020; and
WHEREAS A.R.S. § 28-7203 authorizes a roadway or portion of a roadway to be
exchanged with an abutting owner for all or part of a new public roadway ; and
WHEREAS the Marana Town Council finds that this resolution is in the best
interests of the Town and its citizens .
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
SECTION 1. The Mandarina Development Agreement is approved in the form
provided in the agenda materials associated with this Council agenda item , and the
Mayor is authorized to sign it on the Town’s behalf.
AMENDED Regular Council Meeting 12/01/2020 Page 64 of 177
Resolution No. 2020-130 - 2 - 11/22/2020 7:37 PM
SECTION 2. The Town Engineer is authorized to sign the quit claim deed of
abandonment for a portion of temporary Mandarina Boulevard in substantially the form
provided in the agenda materials associated with this Council agenda item.
SECTION 3. The Town Manager and staff are authorized to carry out the terms of
the Mandarina Development Agreement and to take all other actions necessary or
prudent to carry out this resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of De cember, 2020.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
AMENDED Regular Council Meeting 12/01/2020 Page 65 of 177
MANDARINA DEVELOPMENT AGREEMENT 11/24/2020 6:55 PM
- 1 -
MANDARINA DEVELOPMENT AGREEMENT
Town of Marana, Arizona
THIS MANDARINA DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered
into by and between the TOWN OF MARANA (the “Town”), an Arizona municipal corpora-
tion; and MANDARINA, LLC (the “Developer”), a Colorado limited liability company. The
Town and the Developer are sometimes collectively referred to as the “Parties,” either of
which is sometimes individually referred to as a “Party.”
RECITALS
A. On February 17, 2009, the Council created the “Mandarina Specific Plan” by its
adoption of Marana Ordinance No. 2009.02, recorded in the Pima County Recorder’s of-
fice at Docket 13499, Page 8 (Sequence 20090340005).
B. The Mandarina Specific Plan governs the development of approximately 342.3
acres of land referred to in this Agreement as the “Subject Property,” legally described in
Exhibit A to Marana Ordinance No. 2009.02, and consisting of land located north and
northwest of the Interstate 10 and Tangerine Road traffic interchange.
C. Marana Ordinance No. 2009.02 includes a condition, referred to in this Agreement
as the “Non-Potable Water Condition,” requiring installation of a non-potable water sys-
tem to serve the common open space areas and other landscaped amenities of the Subject
Property.
D. The Developer owns the Subject Property.
E. Two lawsuits between the Parties relating to the Subject Property were settled un-
der the terms of a mediation agreement dated October 30, 2019, as amended by a first
amendment dated June 3, 2020, and a second amendment dated September 2, 2020, all of
which are collectively referred to in this Agreement as the “Mandarina Mediation Agree-
ment,” a true and correct copy of which is attached as Exhibit A.
F. Consistent with the terms of the Mandarina Mediation Agreement and pursuant to
Part 5 (Implementation and Administration) section H(3) of the Mandarina Specific Plan,
the Developer applied for and the Town approved an administrative amendment to the
Mandarina Specific Plan dated October 30, 2019 (the “Administrative Amendment”), a
true and correct copy of which is attached as Exhibit B.
G. The development contemplated by this Agreement complies with the Town’s
adopted and approved General Plan (as defined in A.R.S. § 9-461).
AMENDED Regular Council Meeting 12/01/2020 Page 66 of 177
MANDARINA DEVELOPMENT AGREEMENT 11/24/2020 6:55 PM
- 2 -
H. The development contemplated by this Agreement complies with the Mandarina
Specific Plan as amended by the Administrative Amendment.
I. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agreement
with a land owner or other person or entity having an interest in real property located
within the Town to facilitate development of the property by providing for, among other
things, the conditions, terms, restrictions, and requirements for development and public
infrastructure and the financing of public infrastructure.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this Agreement as though fully restated here, and the mutual covenants set forth in
this Agreement, the Parties hereby agree as follows:
1. Definitions. The following definitions shall apply to this Agreement:
a. The “Administrative Amendment” is defined in recital F above.
b. “Construction Sales Tax Revenues” means three-quarters of the Town’s trans-
action privilege taxes (currently 4%) generated pursuant to Section 8-415 or 8-416 of
the Marana Tax Code (or corresponding sections of successor codes) from construc-
tion contracting or speculative builder activities (i) on the Subject Property and
(ii) from the Developer’s construction of the Oversized Public Facilities.
c. “Council” means the Mayor and Town Council of the Town.
d. “Credit” or “credits” when used to refer to fees and charges due from the Sub-
ject Property shall mean credits or reimbursements, at the Developer’s option. Unless
and until directed otherwise, a credit shall be applied against fees otherwise payable
from the Subject Property. If and when the Developer chooses instead to receive re-
imbursements, the full amount of fees will be charged to the Subject Property, and the
amount which would otherwise be credited will instead be collected by the Town and
placed in the Reimbursement Account (see subparagraph 7.a below).
e. The “Detention Basin” consists of those certain detention improvements antici-
pated to be designed and constructed by the Developer in the approximately 23.25-
acre area located entirely within and at the northwest corner of the Subject Property,
where the Regional Channel and the North Channel converge (see Exhibit C).
f. The “Developer” means MANDARINA, LLC, a Colorado limited liability com-
pany, or its successor in interest who is the master developer of the Subject Property.
g. “Development Regulations” is defined in paragraph 15 below.
h. “EDU” means “equivalent demand unit” or “equivalent dwelling unit.” This is
the usage from a typical single-family residence based on available information.
i. The “Mandarina Detention Basin Oversizing Recovery Charge” is the oversizing
recovery charge associated with the Detention Basin (see subparagraph 3.d.v below).
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j. The “Mandarina North Channel Oversizing Recovery Charge” is the oversizing
recovery charge associated with the North Channel (see subparagraph 3.d.iv below).
k. The “Mandarina Offsite Sewer Oversizing Recovery Charge” is the oversizing
recovery charge associated with the Offsite 15-Inch Sewer (see subparagraph 3.d.i be-
low).
l. The “Mandarina Offsite Water Main Oversizing Recovery Charge” is the over-
sizing recovery charge associated with the Offsite 16-Inch Potable Water Main (see
subparagraph 3.d.ii below).
m. The “Mandarina Oversizing Recovery Charges” are, collectively, the Man-
darina Offsite Sewer Oversizing Recovery Charge, the Mandarina Offsite Water Main
Oversizing Recovery Charge, the Mandarina Regional Channel Oversizing Recovery
Charge, the Mandarina North Channel Oversizing Recovery Charge, and the Man-
darina Detention Basin Oversizing Recovery Charge.
n. The “Mandarina Regional Channel Oversizing Recovery Charge” is the over-
sizing recovery charge associated with the Regional Channel (see subparagraph 3.d.iii
below).
o. The “Mandarina Specific Plan” is defined in recital A above.
p. The “Non-Potable Water Condition” is defined in recital C above.
q. The “North Channel” consists of those certain drainage channel improvements
anticipated to be designed and constructed by the Developer in the approximately
5.06-acre area that follows the north boundary of the Subject Property, approximately
3.78 acres of which is located on the Subject Property.
r. The “Northwest Street Facilities Development Impact Fee” is the fee adopted by
the Town pursuant to Section 4 of Marana Ordinance No. 2017.029.
s. The “Offsite 15-Inch Sewer” consists of those certain sewer infrastructure im-
provements anticipated to be designed and constructed by the Developer connecting
from the Town’s existing 18” sewer located near the future intersection of Moore Road
and Clark Farms Boulevard, crossing under Interstate 10 and the Union Pacific Rail-
road, where it will terminate near the northwest boundary of Mandarina (see Exhibit
C).
t. The “Offsite 15-Inch Sewer Oversize Costs” means the Oversize Portion of the
Reimbursable Costs of the Offsite 15-Inch Sewer.
u. The “Offsite 16-Inch Potable Water Main” consists of those certain water infra-
structure improvements anticipated to be designed and constructed by the Developer
connecting from the Town’s existing 16-inch water main located southwest of the in-
tersection of Interstate 10 and Tangerine Road, under Interstate 10 and the Union Pa-
cific Railroad within a 32” sleeve (also to be installed by the Developer), and termi-
nating at the future intersection of Tangerine Road and Mandarina Boulevard (see
Exhibit C).
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v. The “Offsite 16-Inch Potable Water Main Costs” means the Reimbursable Costs
of the Offsite 16-Inch Potable Water Main.
w. The “Offsite 16-Inch Potable Water Main Oversize Costs” means the Oversize
Portion of the Offsite 16-Inch Potable Water Main Costs.
x. “Oversize Portion” means the percentage of capacity of a public improvement
that is attributable to and available to properties other than the Subject Property.
y. The “Oversized Public Facilities” are the Offsite 15-Inch Sewer, the Offsite 16-
Inch Potable Water Main, the Regional Channel, the North Channel, and the Deten-
tion Basin.
z. “Oversized Public Facilities Costs” means Reimbursable Costs of the Oversized
Public Facilities.
aa. “Party” and “Parties” are defined in the introductory paragraph of this Agree-
ment.
bb. The “Permanent Adonis Road and Mandarina Boulevard Improvements
Costs” are the total contribution from the Developer under the Mandarina Mediation
Agreement for the two-lane permanent Adonis Road roadway and the two-lane per-
manent Mandarina Boulevard roadway constructed pursuant to the Mandarina Me-
diation Agreement.
cc. The “Regional Channel” consists of that certain system of drainage channel im-
provements anticipated to be designed and constructed by the Developer in the ap-
proximately 30-acre area located entirely on and that follows the east and southwest
boundaries of the Subject Property (see Exhibit C).
dd. The “Regional Drainage Improvements” are, collectively, the Regional Chan-
nel, the North Channel, and the Detention Basin (see Exhibit C).
ee. The “Regional Drainage Improvements Costs” means all costs, expenses, fees,
transaction privilege taxes and charges actually incurred and paid by or on behalf of
the Developer to contractors, architects, engineers, surveyors, governmental agencies,
other professionals and consultants, and other third parties for materials, labor, plan-
ning, design, engineering, surveying, site excavation and preparation, governmental
permits and payments, payment and performance bonds, other professional services,
and all other costs and expenses related or incidental to and reasonably necessary for,
the acquisition, improvement, construction, installation, or provision of the Regional
Drainage Improvements and warranting the Regional Drainage Improvements for
one year after completion.
ff. The “Regional Drainage Improvements Oversize Costs” means the Oversize
Portion of the Reimbursable Costs of the Regional Drainage Improvements.
gg. “Reimbursable Costs” means all costs, expenses, fees, transaction privilege
taxes and charges actually incurred and paid by or on behalf of the Developer to con-
tractors, architects, engineers, surveyors, governmental agencies, other professionals
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and consultants, and other third parties for materials, labor, planning, design, engi-
neering, surveying, site excavation and preparation, governmental permits and pay-
ments, payment and performance bonds, other professional services, and all other
costs and expenses related or incidental to and reasonably necessary for, the acquisi-
tion, improvement, construction, installation, or provision of the referenced improve-
ments and warranting the referenced improvements for one year after completion.
Reimbursable Costs shall not include and shall not accrue interest. For the Regional
Drainage Improvements, “Reimbursable Costs” includes the value of the portion of
the Subject Property used for the Regional Drainage Improvements at an assumed
value of $30,000 per acre.
hh. “Reimbursement Account” means a separate account within the Town’s Gen-
eral Fund or accounted for by an appropriate book or ledger entry designation for the
purpose of making Reimbursement Payments. See subparagraph 7.a below.
ii. “Reimbursement Payments” is defined in paragraph 7.b below.
jj. The “Subject Property” is defined in recital B above.
kk. The “Town” is the TOWN OF MARANA, an Arizona municipal corporation.
ll. The “Wastewater Facilities Development Impact Fee” is the fee adopted by the
Town pursuant to Section 3 of Marana Ordinance No. 2014.013 and amended by Sec-
tion 9 of Marana Ordinance No. 2017.029.
mm. “Water Amenities” are defined in paragraph 8 below.
nn. The “Water Infrastructure Development Impact Fee” is the fee adopted by the
Town pursuant to Section 1 of Marana Ordinance No. 2014.013 and amended by Sec-
tion 7 of Marana Ordinance No. 2017.029.
oo. The “Water Resources Development Impact Fee” is the fee adopted by the
Town pursuant to Section 2 of Marana Ordinance No. 2014.013 and amended by Sec-
tion 8 of Marana Ordinance No. 2017.029.
2. Overview of reimbursements and credits. The credits and reimbursements to the De-
veloper under this Agreement are summarized as follows:
a. The Offsite 15-Inch Sewer. If the Developer constructs the Offsite 15-Inch Sewer,
the Offsite 15-Inch Sewer Oversize Costs will be reimbursed to the Developer only
through the Mandarina Offsite Sewer Protected Facility Charge (see subparagraph
3.d.i below).
b. The Offsite 16-Inch Potable Water Main. If the Developer constructs the Offsite 16-
Inch Potable Water Main, reimbursement to the Developer for the Offsite 16-Inch Po-
table Water Main Costs shall be as follows:
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i. Until the Offsite 16-Inch Potable Water Main is included in the Water Infra-
structure Development Impact Fee, the Offsite 16-Inch Potable Water Main Over-
size Costs will be reimbursed to the Developer through the Mandarina Offsite Wa-
ter Main Oversizing Recovery Charge (see subparagraph 3.d.ii below).
ii. After the Offsite 16-Inch Potable Water Main is included in the Water Infra-
structure Development Impact Fee, and until the combined total amount of reim-
bursements to the Developer from the Mandarina Offsite Water Main Oversizing
Recovery Charge and Water Infrastructure Development Impact Fee credits and
reimbursements equals the Offsite 16-Inch Potable Water Main Costs,
(a) The Subject Property will receive full credit against the Water Infrastruc-
ture Development Impact Fee; and
(b) The Town will require benefiting properties other than the Subject Prop-
erty either to continue paying the Mandarina Offsite Water Main Oversizing
Recovery Charge or, at the Town’s option, the Town will transfer an equivalent
amount from each such benefiting property’s Water Infrastructure Develop-
ment Impact Fee into the Reimbursement Account (see subparagraph 7.a be-
low).
c. The Regional Drainage Improvements. If and to the extent the Developer constructs
the Regional Drainage Improvements, the Mandarina Regional Drainage Improve-
ments Oversize Costs will be reimbursed to the Developer through the Mandarina
Regional Channel Oversizing Recovery Charge (see subparagraph 3.d.iii below), the
Mandarina North Channel Oversizing Recovery Charge (see subparagraph 3.d.iv be-
low), the Mandarina Detention Basin Oversizing Recovery Charge (see subparagraph
3.d.v below), and through reimbursement of the Construction Sales Tax Revenues un-
til the combined total amount of these reimbursements to the Developer equals the
Regional Drainage Improvements Oversize Costs. To reimburse itself for reimburse-
ments to the Developer from Construction Sales Tax Revenues, the Town will retain
any Mandarina Regional Channel Oversizing Recovery Charge, Mandarina North
Channel Oversizing Recovery Charge, and Mandarina Detention Basin Oversizing
Recovery Charge received after the Developer has received full reimbursement of the
Regional Drainage Improvements Oversize Costs.
d. Permanent Adonis Road and Mandarina Boulevard Improvements Costs. Permanent
Adonis Road and Mandarina Boulevard Improvements Costs are reimbursed to the
Developer only through credits against Northwest Street Facilities Development Im-
pact Fees payable for construction occurring on the Subject Property. The full North-
west Street Facilities Development Impact Fee will be due and payable for construc-
tion occurring on the Subject Property after the combined total of all credits equals the
Permanent Adonis Road and Mandarina Boulevard Improvements Costs.
e. Costs of satisfying the Non-Potable Water Condition. The Developer’s only compen-
sation for satisfying the Non-Potable Water Condition shall be a credit against the
Water Resources Development Impact Fee as described in subparagraph 4.d below
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3. Protected facility designations and charges. The Oversized Public Facilities are each
sized to include elements and capacity sufficient to serve the Subject Property and other
benefiting properties, but the benefiting properties and the extent of the oversizing are
different for each of the Oversized Public Facilities.
a. Tender of agreements for construction. As the Developer is ready to contractually
obligate itself to construct each of the Oversized Public Facilities, the Developer shall
initiate the protected facility designation process by signing and tendering to the
Town the form of “Agreement for Construction of Facilities under Private Contract”
for that facility. Based on information available as of the preparation of this Agree-
ment, the currently contemplated forms of “Agreement for Construction of Facilities
under Private Contract” for each of the Oversized Public Facilities are attached as Ex-
hibit D (Offsite 15-Inch Sewer), Exhibit E (Offsite 16-Inch Potable Water Main), Exhibit
F (Regional Channel), Exhibit G (North Channel), and Exhibit H (Detention Basin).
b. Updating of information. Before tendering each of the agreements for construction
to the Town, the Developer and its consultants shall work with the Town’s staff to
update the cost, benefited properties, and amount per EDU, acre, unit of flow, or other
similar measurement of the oversizing recovery charge in the agreement to reflect the
best available information.
c. Presentation to Council. After providing the notice to benefited properties as pro-
vided in Marana Town Code section 14-4-5, Town staff will present the agreement for
construction to Council.
d. Effect of approval. Upon approval by Council:
i. The Agreement for Construction of Facilities under Private Contract for the
Offsite 15-Inch Sewer will result in the establishment of the Mandarina Offsite
Sewer Oversizing Recovery Charge.
ii. The Agreement for Construction of Facilities under Private Contract for the
Offsite 16-Inch Potable Water Main will result in the establishment of the Man-
darina Offsite Water Main Oversizing Recovery Charge.
iii. The Agreement for Construction of Facilities under Private Contract for the
Regional Channel will result in the establishment of the Mandarina Regional
Channel Oversizing Recovery Charge.
iv. The Agreement for Construction of Facilities under Private Contract for the
North Channel will result in the establishment of the Mandarina North Channel
Oversizing Recovery Charge.
v. The Agreement for Construction of Facilities under Private Contract for the
Detention Basin will result in the establishment of the Mandarina Detention Basin
Oversizing Recovery Charge.
e. Reconciliation. As construction is completed on each of the Oversized Public Fa-
cilities, a reconciliation agreement shall be brought forward for Council consideration
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if the final costs, capacities, or other factors result in a need to revise the associated
oversizing recovery charge.
f. Deposit into the Reimbursement Account. The Town shall deposit all Mandarina
Oversizing Recovery Charges into the Reimbursement Account (see subparagraph 7.a
below).
4. Development impact fees. Nothing in this Agreement shall be construed as a waiver
or reduction of development impact fees properly adopted by the Town pursuant to
A.R.S. § 9-463.05 and applicable to the Subject Property.
a. Currently applicable development impact fees. As of the date of this Agreement, the
following Town development impact fees apply to the Subject Property (as they may
be amended from time to time):
i. The $2,461 per EDU Parks and Recreation Facilities Development Impact Fee
adopted by Marana Ordinance Nos. 2014.012 and 2017.029.
ii. The $3,719 per EDU Northwest Street Facilities Development Impact Fee
adopted by Marana Ordinance No. 2017.029 (subject to the credits to be applied
per subparagraph 4.b below).
iii. The $2,331 per five-eighths-inch water meter Water Infrastructure Develop-
ment Impact Fee as amended by Marana Ordinance No. 2017.029 (subject to the
credits to be applied per subparagraph 4.c below). Fees for larger water meters are
higher.
iv. The $3,050 per five-eighths-inch water meter Water Resources Develop-
ment Impact Fee as amended by Marana Ordinance No. 2017.029 (subject to the
credits to be applied per subparagraph 4.d below). Fees for larger water meters are
higher.
v. The $3,930 per five-eighths-inch water meter Wastewater Facilities Develop-
ment Impact Fee as amended by Marana Ordinance No. 2017.029. Fees for larger
water meters are higher.
b. Credits to be applied to the Northwest Street Facilities Development Impact Fee. Cred-
its to be applied to the Northwest Street Facilities Development Impact Fee will be
applied in accordance with the Mandarina Mediation Agreement.
c. Credits to be applied to the Water Infrastructure Development Impact Fee. Credits to
be applied to the Water Infrastructure Development Impact Fee will be applied as
follows:
i. Once the Parties enter into the Agreement for Construction of Facilities under
Private Contract for the Offsite 16-Inch Potable Water Main (see subparagraph
3.d.ii above), the Offsite 16-Inch Potable Water Main will be added to the next re-
vision of the Town’s infrastructure improvements plan supporting amendments
to the Town’s Water Infrastructure Development Impact Fee.
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ii. From and after the effective date of the ensuing revision to the Town’s Water
Infrastructure Development Impact Fee, the Developer shall receive credits
against Water Infrastructure Development Impact Fees payable for the Subject
Property in the amount of the Offsite 16-Inch Potable Water Main Costs.
iii. The credits shall cease, and the Developer shall pay the full Water Infra-
structure Development Impact Fee, when the sum of the following equal the
Offsite 16-Inch Potable Water Main Costs:
(a) The cumulative credits against Water Infrastructure Development Im-
pact Fees payable for the Subject Property; plus
(b) The cumulative total of all Mandarina Offsite Water Main Oversizing
Recovery Charges reimbursed to the Developer.
d. Credits to be applied to the Water Resources Development Impact Fee. If the Developer
satisfies the Non-Potable Water Condition, the Developer shall be entitled to credit
against the Water Resources Development Impact Fee for the resulting estimated po-
table water resources savings, as reasonably determined by the Water Director and
reasonably accepted by the Developer’s representative (see subparagraph 24.a below).
The amount of credit shall be consistent with the water usage determined by the most
recent water infrastructure improvement plan; specifically, for each acre-foot of pota-
ble water demand eliminated by having non-potable water delivered to the Subject
Property, 3.3 EDUs of credit shall be given against the Water Resources Development
Impact Fee.
5. Tangerine Downtown Sewer Protected Facility Charge. The Offsite 15-Inch Sewer con-
nects to, and the Subject Property benefits from, the Tangerine Downtown Sewer. The
Developer shall pay the Tangerine Downtown Sewer Protected Facility Charge of $519.67
per EDU adopted by Marana Resolution No. 2019-027.
6. Developer reimbursement for Regional Drainage Improvements Oversize Costs from Con-
struction Sales Tax Revenues. If and to the extent the Developer constructs the Regional
Drainage Improvements, the Mandarina Regional Drainage Improvements Oversize
Costs will be reimbursed to the Developer through the Mandarina Regional Channel
Oversizing Recovery Charge (see subparagraph 3.d.iii above), the Mandarina North
Channel Oversizing Recovery Charge (see subparagraph 3.d.iv above), the Mandarina
Detention Basin Oversizing Recovery Charge (see subparagraph 3.d.v above), and
through reimbursement of the Construction Sales Tax Revenues as described in this par-
agraph 6 until the combined total amount of these reimbursements to the Developer
equals the Regional Drainage Improvements Oversize Costs.
a. Regional Drainage Improvements construction and reimbursement. As a condition
precedent to receiving Reimbursement Payments for the Regional Drainage Improve-
ments Oversize Costs under subparagraph 7.b of this Agreement, and not as a sepa-
rate contractual obligation, the Developer shall, in conjunction with development of
the Subject Property:
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i. Design and construct the Regional Drainage Improvements;
ii. Transfer to the Town title to the land used for the Regional Drainage Im-
provements; and
iii. Pay all Regional Drainage Improvements Costs as they become due.
b. Developer cost statements and Town reimbursement for Regional Drainage Improve-
ments Oversize Costs. The Town shall make Reimbursement Payments to the Devel-
oper for the Regional Drainage Improvements Oversize Costs pursuant to subpara-
graph 7.b below. The Developer shall submit to the Town quarterly statements show-
ing the actual Regional Drainage Improvements Oversize Costs incurred and paid to
date. Quarterly statements shall be provided until the Developer has made final pay-
ment for the Regional Drainage Improvements, the one-year warranty for the last of
the Regional Drainage Improvements has expired, and the Town has full maintenance
responsibility for the Regional Drainage Improvements (see paragraph 14 below). The
Developer shall provide the Town with invoices or other backup information reason-
ably requested by the Town to confirm the accuracy of the Developer’s quarterly state-
ments of costs.
c. Effect of loss of Construction Sales Tax Revenues. If the laws of the State of Arizona
are revised during the term of this Agreement in a way that reduces or eliminates
Construction Sales Tax Revenues, the Town shall make deposits into the Reimburse-
ment Account from such funding, if any, that the Town receives under then-existing
laws of the State of Arizona to replace the reduced or eliminated Construction Sales
Tax Revenues, in an amount that is proportional, to the Construction Sales Tax Reve-
nues that the Town would have received if the laws of the State of Arizona had not
been so revised.
d. No Town representation of sufficiency of Reimbursement Payments. The Developer
acknowledges and understands that the amount of the Construction Sales Tax Reve-
nues depends on many factors and may be insufficient to pay all Regional Drainage
Improvements Oversize Costs.
e. Developer’s audit. Not more than once each calendar year, the Developer may, at
its own cost, audit Town sales tax returns and other appropriate financial records of
the Town to assure prompt and accurate deposit into the Reimbursement Account of
all revenues as required pursuant to this Agreement. The Developer’s audit author-
ized by this paragraph shall be subject to all applicable laws that may prohibit or limit
the dissemination or use of transaction privilege tax and related information. Before
the Developer’s audit occurs, the Developer shall obtain and provide to the Town
written waivers of confidentiality sufficient to satisfy the requirements of Arizona Re-
vised Statutes § 42-2003(A)(6) from each taxpayer whose sales tax returns and other
financial records are provided by the Town in connection with the audit.
f. Annual report. Within 45 days following the end of each Town fiscal year, the
Town shall deliver to the Developer a report of all Construction Sales Tax Revenues
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which have been utilized by the Town in determining the amount deposited into the
Reimbursement Account. The report shall be restricted to information that may be
released by the Town without violating applicable laws that may prohibit or limit the
dissemination or use of transaction privilege tax and related information. The report
will not contain information capable of identifying confidential information of any
particular taxpayer unless and until the Developer has obtained and provided to the
Town written waivers of confidentiality sufficient to satisfy the requirements of Ari-
zona Revised Statutes § 42-2003(A)(6) from each taxpayer whose confidential infor-
mation is revealed in the report.
g. Contractor and subcontractor disaggregation of tax information for the Oversized Pub-
lic Facilities and the Subject Property; release of tax information. The Developer shall re-
quire each contractor and subcontractor responsible for the payment of Construction
Sales Tax Revenues to separately report construction sales tax attributable to the Over-
sized Public Facilities or attributable to construction on the Subject Property. The De-
veloper shall exercise reasonable efforts to obtain from each contractor and subcon-
tractor doing work attributable to the Subject Property or the Oversized Public Facil-
ities a consent to release of tax information in a form reasonably acceptable to the
Town. If the separate report required by this subparagraph is not provided to the
Town, the Town shall make a reasonable estimate of Construction Sales Tax Revenues
based on all information available to the Town, including information provided by
the Developer, and the good faith certification by the Town’s Finance Director shall
be considered final and binding upon the Developer. The final certification of the
Town’s Finance Director shall be subject to all applicable laws that may prohibit or
limit the dissemination or use of transaction privilege tax and related information.
7. Reimbursements. All reimbursements under this Agreement shall be paid to the De-
veloper as provided in this paragraph.
a. Reimbursement Account. Beginning with the first Construction Sales Tax Reve-
nues generated from the Developer’s construction of the Oversized Public Facilities
or the development of the Subject Property, and ending upon the expiration of this
Agreement; the Town shall deposit into the Reimbursement Account all of the follow-
ing:
i. The Construction Sales Tax Revenues as they are received from the Arizona
Department of Revenue;
ii. All Mandarina Oversizing Recovery Charges; and
iii. Any development impact fees paid for development on the Subject Property
that is reimbursable to the Developer (see subparagraph 1.d above).
b. Reimbursement Payments. Within the first 30 days of each calendar quarter, the
Town shall pay the Developer all funds in the Reimbursement Account (“Reimburse-
ment Payments”). Reimbursement Payments shall begin the first calendar quarter af-
ter (a) the Developer has incurred Oversized Public Facilities Costs and (b) the Town
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has funds in the Reimbursement Account. Any funds accrued in the Reimbursement
Account and owed to the Developer but not yet disbursed to the Developer upon the
expiration of this Agreement shall be paid to the Developer within 30 days after the
expiration of this Agreement.
c. Limitations. During the Term of this Agreement, the Town shall not enter into
any agreement or transaction which impairs the Town’s ability to make Reimburse-
ment Payments or the rights of the Developer under this Agreement, including, with-
out limitation, the right to receive the Reimbursement Payments and the proceeds of
the Reimbursement Account in accordance with the procedures established in this
Agreement.
8. Water Amenities. The Developer may, in its sole and absolute direction, elect to de-
sign, construct and develop recreational lakes, water features, and other compatible im-
provement and amenities (the “Water Amenities”). The Town supports the concept of
providing Water Amenities to current and future residents of the Town, so long as the
Developer provides the permanent water resources necessary for any and all Water
Amenities, and that those water resources shall not include treated effluent from the Sub-
ject Property (all of which the Town requires for its long-term water resource obligations,
separate from and not including any Water Amenities). The Town recognizes the public
value created by incorporating Water Amenities into neighborhood and commercial cen-
ters of the Town. The Parties acknowledge that future agreements may be necessary to
address regulatory, permitting, design, management, and ownership aspects of the Wa-
ter Amenities. As development of the Subject Property progresses, the Parties agree to
cooperate in identifying all agreements necessary to develop the Water Amenities. The
Developer acknowledges and agrees that any future agreement relating to Water Amen-
ities is subject to federal, state, and county regulatory requirements and approvals and as
such would be would be subject to the approval by the Council in its sole and absolute
discretion.
9. Inability of the Developer to satisfy the Non-Potable Water Condition. The Parties
acknowledge that the Cortaro-Marana Irrigation District is the only plausible provider of
non-potable water to the Subject Property, and that the Developer is currently coordinat-
ing with the Cortaro-Marana Irrigation District to supply non-potable water to the Sub-
ject Property. If the Developer is unable to receive non-potable water service from the
Cortaro-Marana Irrigation District in an economically feasible manner before develop-
ment of the first subdivision on the Subject Property, Town staff will schedule for Council
consideration an ordinance to remove or modify the Non-Potable Water Condition.
10. CFD application fee waived. Pursuant to paragraph 3.2 of the Mandarina Mediation
Agreement, application and review fees with respect to the formation of a community
facilities district on the Subject Property are waived.
11. Other future economic incentives. The absence of language in this Agreement to ad-
dress a particular form or type of economic incentive is not intended to imply that no
such economic incentives will be available or forthcoming. On the contrary, the Parties
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anticipate that future economic incentives will be the subject of future agreements or
amendments to this Agreement if and when the Parties determine the economic incen-
tives are necessary or beneficial (i) to induce one or more retail business facilities to locate
on the Subject Property, (ii) to assist in the creation or retention of jobs, and/or (iii) to
otherwise improve or enhance the economic welfare of the Town’s inhabitants.
12. Competitive bids required. As a condition of and prerequisite to receiving any reim-
bursement under this Agreement, the Developer shall go through the competitive bid-
ding process for the Oversized Public Facilities in compliance with Title 34 of the Arizona
Revised Statutes.
13. Term. This Agreement shall become effective (the “Effective Date”) upon the later
of (i) its date of recording pursuant to paragraph 26 below and (ii) the effective date of
the Town resolution approving this Agreement. The term of this Agreement shall begin
on the Effective Date and, unless sooner terminated by the mutual consent of the Parties,
shall automatically terminate and shall thereafter be void for all purposes on the 30th an-
niversary of the Effective Date. The Town’s reimbursement obligations under paragraph
7.b above shall terminate on the earlier of (i) the date the Town has reimbursed the De-
veloper for all of the Oversized Public Facilities Costs available for reimbursement under
this Agreement or (ii) the 30th anniversary of the Effective Date.
14. Maintenance. Once the Oversized Public Facilities are completed by the Developer
and accepted by the Town, and the one-year warranty applicable to each has expired, the
Town shall have full maintenance responsibility for the Oversized Public Facilities.
15. Development regulations. The Subject Property shall be governed by the Mandarina
Specific Plan and this Agreement. The Marana Land Development Code, including the
written rules, regulations, substantive procedures, and policies relating to development
of land, adopted or approved by the Council (collectively the “Marana Development
Code”) in effect on the Effective Date shall apply to the extent not covered by the Man-
darina Specific Plan or this Agreement. The requirements of this paragraph are collec-
tively referred to as the “Development Regulations.” In the event of any express conflict,
the following rules shall apply:
a. The Mandarina Specific Plan as amended by the Administrative Amendment
shall control over the terms of the Marana Development Code on all matters.
b. The Mandarina Specific Plan as amended by the Administrative Amendment
and the Marana Development Code shall control over the terms of this Agreement as
to any zoning or other legislative matter.
c. This Agreement shall control over the terms of the Mandarina Specific Plan as
amended by the Administrative Amendment and the Marana Development Code as
to any administrative or procedural matter.
16. Development review. The Subject Property shall be developed in a manner con-
sistent with the Development Regulations and this Agreement, which together establish
the basic land uses, and the densities, intensities and development regulations that apply
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to the land uses authorized for the Subject Property. Upon the Developer’s compliance
with the applicable development review and approval procedures and substantive re-
quirements of the Development Regulations, the Town agrees to issue such permits or
approvals for the Subject Property as may be requested by the Developer.
17. Permit and review fee waiver. The Town will waive all Town plan review fees and
inspection and construction permit fees for the Oversized Public Facilities.
18. Town review and approval of plans. Except as expressly provided in this Agreement,
the Oversized Public Facilities are subject to the Town’s normal plan submittal, review
and approval procedures and construction inspection requirements.
19. No partnership or joint venture. Nothing in this Agreement shall be understood or
construed to create or imply a partnership or joint venture between the Developer and
the Town.
20. Exercise of eminent domain. If the Developer and the Town mutually determine that
acquisition of third-party property rights are necessary and appropriate for the construc-
tion of public infrastructure contemplated by this Agreement or by the Mandarina Spe-
cific Plan as amended by the Administrative Amendment, the Developer will use com-
mercially reasonable efforts to acquire the third-party property rights. The Developer
shall not construct public infrastructure requiring acquisition of third-party property
rights until either (i) the Developer has acquired the necessary third-party property rights
pursuant to this paragraph or, (ii) the Town has obtained possession of the necessary
third-party property rights by eminent domain, which the Town shall exercise by filing
a condemnation lawsuit in the Superior Court of Pima County within 180 days after the
Developer advises the Town in writing that it has been unable to obtain the necessary
third-party property rights. If the Town exercises its power of eminent domain pursuant
to this paragraph, the Developer shall pay all of the Town’s costs of condemnation, in-
cluding but not limited to the condemnation award to the property owners, costs of liti-
gation, and the Town’s reasonable attorneys’ fees. If the Town settles a condemnation
lawsuit, the Developer shall pay the settlement costs, provided that those costs do not
exceed the higher of (a) 120% of the appraised value of the third-party property rights
acquired or (b) an amount approved by the Developer.
21. Lender provisions. The Developer may provide a collateral assignment of this
Agreement or assign or pledge the Developer’s right to receive Reimbursement Payments
under paragraph 7.b above to one or more lenders to finance development, construction,
or operation of the Subject Property. The Developer shall notify the Town in writing of
the collateral assignment or the assignment or pledge of Reimbursement Payments. If a
lender is permitted under the terms of its agreement with the Developer to cure the non-
performance and/or to assume the Developer's position with respect to this Agreement,
the Town agrees to recognize the rights of the lender and to permit the lender to assume
the rights and obligations of the Developer under this Agreement. Nothing in this Agree-
ment shall be deemed to prohibit, restrict, or limit the right of a lender to take title to all
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or any portion of the Subject Property, without the approval or consent of the Town, pur-
suant to a foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure.
22. Status statements. The Town, the Developer, a purchaser (only with respect to the
portion of the Subject Property being purchased), or a lender (only with respect to the
portion of the Subject Property the lender encumbers with a loan or security interest) may
request the Town and/or the Developer to provide, within fifteen business days of the
request, a written statement that, to the best knowledge of the Party providing the state-
ment, (a) this Agreement is in full force and effect and a binding obligation of the Party
providing the statement, (b) this Agreement has not been amended or modified (or, if
amended, identifying the amendments or modifications), (c) there is no known default
by the Town or the Developer in the performance of their obligations under this Agree-
ment (or, if there is a default, a description of the nature and extent of the default), and
(d) any other matter reasonably requested including the balance or status of any required
payment, reimbursement or other similar matter. The Town Manager is authorized to
sign or provide the written statement on behalf of the Town. The Town and the Developer
acknowledge that a statement provided pursuant to this paragraph may be relied upon
by the requestor, but the Town and the Developer shall have no liability for monetary
damages to the requestor in connection with, resulting from, or based upon any statement
that was been provided in good faith by the Town or the Developer.
23. Force majeure. If any Party is unable to observe or perform any covenant or condi-
tion of this Agreement or of any of the agreements for construction (see paragraph 3
above) by reason of force majeure, then the failure to observe or perform the covenant or
condition shall not constitute an event of non-performance under this Agreement so long
as the Party uses commercially reasonable efforts to remedy with all reasonable speed
the event or condition causing the inability to perform, and the covenant or condition can
be cured within a reasonable amount of time. Force majeure as used in this paragraph
means events due to causes beyond the Party's control and without its fault, negligence,
or failure to comply with applicable laws. Acts of God, acts of terrorism, war, and strikes
are examples of force majeure.
24. Cooperation and alternative dispute resolution.
a. Appointment of representatives. To further the commitment of the Parties to coop-
erate in the development of the Subject Property and the construction of the public
improvements discussed in this Agreement, the Town and the Developer each shall
designate and appoint a representative to act as a liaison between the Town and its
various departments and the Developer. The initial representative for the Town is the
Town Manager, and the initial representative for the Developer is Marcus Palkowitsh
or a replacement to be selected by the Developer. The representatives shall be availa-
ble at all reasonable times to discuss and review the performance of the Parties in the
development of the Subject Property and the construction of the public improvements
discussed in this Agreement.
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b. Non-performance; remedies. If any Party does not perform under this Agreement
(the “Non-Performing Party”) with respect to any of that Party’s obligations under
this Agreement, any other Party (the “Demanding Party”) shall be entitled to give
written notice in the manner prescribed in paragraph 25 below to the Non-Performing
Party (and to a lender who has received a collateral assignment of this Agreement
pursuant to paragraph 21 above), which notice shall state the nature of the non-per-
formance claimed and make demand that such non-performance be corrected. The
Non-Performing Party shall then have (i) 15 days from the date of the notice within
which to correct the non-performance if it can reasonably be corrected by the payment
of money, or (ii) 30 days from the date of the notice to cure the non-performance if
action other than the payment of money is reasonably required, or if the non-mone-
tary non-performance cannot reasonably be cured within 30 days, then such longer
period as may be reasonably required, provided and so long as the cure is promptly
commenced within 30 days and thereafter diligently prosecuted to completion. If any
non-performance is not cured within the applicable time set forth in this paragraph,
then the Demanding Party shall be entitled to begin the mediation and arbitration
proceedings set forth in this paragraph. The Parties agree that due to the size, nature
and scope of the Subject Property and the construction of the public improvements
discussed in this Agreement, and due to the fact that it may not be practical or possible
to restore the property to its condition prior to the Developer’s development and im-
provement work, once implementation of this Agreement has begun, money damages
and remedies at law will likely be inadequate and that specific performance will likely
be appropriate for the non-performance of a covenant contained in this Agreement.
This paragraph shall not limit any contract or other rights, remedies, or causes of ac-
tion that any Party may have at law or in equity.
c. Mediation. If there is a dispute under this Agreement which the Parties cannot
resolve between themselves, the Parties agree that there shall be a 45-day moratorium
on arbitration during which time the Parties agree to attempt to settle the dispute by
nonbinding mediation before commencement of arbitration. The mediation shall be
held under the commercial mediation rules of the American Arbitration Association.
The matter in dispute shall be submitted to a mediator mutually selected by the De-
veloper and the Town. If the Parties cannot agree upon the selection of a mediator
within seven days, then within three days thereafter the Town and the Developer shall
request the presiding judge of the Superior Court in and for the County of Pima, State
of Arizona, to appoint an independent mediator. The mediator selected shall have at
least five years’ experience in mediating or arbitrating disputes relating to real estate
development. The cost of any such mediation shall be divided equally between the
Town and the Developer. The results of the mediation shall be nonbinding on the
Parties, and any Party shall be free to initiate arbitration after the moratorium.
d. Arbitration. After mediation, as provided for in subparagraph 24.c above, any
dispute, controversy, claim or cause of action arising out of or relating to this Agree-
ment shall be settled by submission of the matter by both Parties to binding arbitration
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in accordance with the rules of the American Arbitration Association and the Arizona
Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award ren-
dered by the arbitrator(s) may be entered in a court having jurisdiction.
25. Notices. All notices, requests and other communications under this Agreement
shall be given in writing and either (i) personally served on the party to whom it is given,
or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or
(iii) sent by private overnight courier such as Federal Express, addressed as follows:
If to the Town:
TOWN OF MARANA
11555 W. Civic Center Drive, Bldg. A3
Marana, Arizona 85653-7006
Telephone: (520) 382-1900
Email: townmanager@maranaAZ.gov
If to the Developer:
MANDARINA, LLC
720 South Colorado Boulevard, Suite 940N
Denver, Colorado 80246
Attn: Marcus Palkowitsh
Telephone: (303) 399-9804
Email: marcus@mspcompanies.com
All notices shall be deemed given when delivered or, if mailed as provided above, on the
second day after the day of mailing, and if sent by overnight courier, on the next day after
the date of deposit with the courier. Any Party may change its address for the receipt of
notices at any time by giving written notice thereof to the other Party in accordance with
the terms of this section. The inability to deliver notice because of a changed address of
which no notice was given, or rejection or other refusal to accept any notice, shall be
deemed to be the effective receipt of the notice as of the date of such inability to deliver
or rejection or refusal to accept. In addition to mailed notice, a courtesy email copy will
be sent the same day (but the email notice will not satisfy the notice requirement of this
paragraph 25).
26. Recordation. After this Agreement has been executed by the Parties, the Town shall
record this Agreement in the office of the Pima County Recorder.
27. Miscellaneous.
a. This Agreement may not be modified except in a writing signed by the Parties.
b. Time is of the essence of this Agreement.
c. This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Arizona, and any lawsuit to enforce any provision of this Agree-
ment or to obtain any remedy with respect to this Agreement shall be brought in the
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Pima County Superior Court, and for this purpose the Parties expressly and irrevoca-
bly consent to the jurisdiction of the Pima County Superior Court.
d. If any Party fails to perform any of its obligations under this Agreement or if a
dispute arises concerning the meaning or interpretation of any provision of this
Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees and
costs consistent with A.R.S. § 12-341.01.
e. This Agreement may be executed in identical counterparts, each of which shall
be deemed to be an original, but all of which shall constitute one and the same instru-
ment. In addition, this Agreement may contain more than one counterpart of the sig-
nature pages and this Agreement may be executed by the affixing of the signature
pages, and all of such counterpart signature pages shall be read as though one, and
they shall have the same force and effect as though all the signers had signed a single
signature page.
f. Exhibits referred to in and attached to this Agreement are incorporated by ref-
erence as if set forth in full in the text of this Agreement.
g. This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective successors in interest and assigns; provided, however, that
(i) upon the conveyance of all of the Developer’s holdings in the Subject Property to a
single grantee, the Developer shall automatically be released from any further obliga-
tion or liability under this Agreement and this Agreement shall thereafter bind the
grantee; and (ii) in no event shall this Agreement be binding on or burden the prop-
erty of a purchaser of a home on the Subject Property.
h. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of
contracts in certain instances involving conflicts of interest.
[Signature page follows.]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last
date set forth below their respective signatures, with an Effective Date determined as set
forth in paragraph 12 above.
THE “TOWN”:
TOWN OF MARANA, an Arizona municipal
corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
The “Developer”:
MANDARINA, LLC, a Colorado limited
liability company
By: MSP INVESTMENT CO., LLP, a
Colorado limited liability
partnership, its Manager
By:
Marcus Palkowitsh, Partner
Date:
STATE OF COLORADO )
ss
County of )
The foregoing instrument was acknowledged before me on by
Marcus Palkowitsh, Partner of MSP INVESTMENT CO., LLP, a Colorado limited liability
partnership, Manager of MANDARINA, LLC, a Colorado limited liability company (the
“Developer”), on its behalf.
(Seal)
Notary Public
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LIST OF EXHIBITS
Exhibit A The Mandarina Mediation Agreement
Exhibit B Administrative Amendment to the Mandarina Specific Plan
Exhibit C Depiction of Public Improvements map
Exhibit D Form of Agreement for Construction of Facilities under Private Contract
for the Offsite 15-Inch Sewer
Exhibit E Form of Agreement for Construction of Facilities under Private Contract
for the Offsite 16-Inch Potable Water Main
Exhibit F Form of Agreement for Construction of Facilities under Private Contract
for the Regional Channel
Exhibit G Form of Agreement for Construction of Facilities under Private Contract
for the North Channel
Exhibit H Form of Agreement for Construction of Facilities under Private Contract
for the Detention Basin
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TOTAL 342.2
EXHIBIT B TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 134 of 177
0 1,000500
Scale: 1”=1,000’
DEVELOPMENT PLAN
October 2019
EXHIBIT 2.H.1 - CIRCULATION CONCEPT
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EXHIBIT B TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 135 of 177
0 2,0001,000
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EXHIBIT 2.L.1 - TRAILS
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EXHIBIT B TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 136 of 177
EXHIBIT CDEPICTION OF PUBLICIMPROVEMENTSEXHIBIT C TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 137 of 177
MANDARINA OFFSITE SEWER CONSTRUCTION AGREEMENT 11/24/2020 8:16 PM
-1 -
TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF
SEWER FACILITIES UNDER PRIVATE CONTRACT
Mandarina Offsite Sewer
THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MA-
RANA, an Arizona municipal corporation (the “Town”), and MANDARINA, LLC, a Colo-
rado limited liability company (the “Developer”). The Town and the Developer are some-
times collectively referred to as the “Parties,” each of which is sometimes individually
referred to as a “Party.”
RECITALS
A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana
Town Code as it may be amended from time to time (“Marana Town Code Title 14”).
B. The Developer desires for the Town to provide sewer service to the land described
and depicted in the Mandarina Specific Plan, adopted by Marana Ordinance No. 2009.02,
recorded in the Pima County Recorder’s office at Docket 13499, Page 8 (Sequence
20090340005), and amended by an administrative amendment dated October 30, 2019,
whose land area is referred to in this Agreement as the “Subject Property.”
C. The Developer is the owner of the “Subject Property.”
D. As a condition of securing sewer service from the Town for the Subject Property,
the Developer agrees to install those certain sewer infrastructure improvements (the “De-
veloper-Installed Facility”) in accordance with the required plans, specifications, and ma-
terials as outlined and depicted in the Plan for Mandarina Offsite Public 15” Sewer, Plan
No. ENG_______, sealed by [Engineering Firm] on [Date] and approved by the Town of
Marana Water Director on [Date] (the “Facility Plan”), which is on file in the office of the
Town of Marana Water Department.
E. The Parties are also parties to the “Mandarina Development Agreement,” recorded
in the Pima County Recorder’s office on December 4, 2020 at Sequence 2020________ and
approved by Marana Resolution No. 2020-_____, adopted by the Marana Town Council
on December 1, 2020.
F. The Mandarina Development Agreement governs development of the Subject
Property and anticipates the Developer’s installation of the Developer-Installed Facility,
which is referred to in the Mandarina Development Agreement as the “Offsite 15-Inch
Sewer.”
EXHIBIT D TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 138 of 177
MANDARINA OFFSITE SEWER CONSTRUCTION AGREEMENT 11/24/2020 8:16 PM
- 2 -
G. If constructed as designed, the Developer-Installed Facility will include elements
and capacity sufficient to serve other new Town customers, and to that extent the Parties
wish to provide for partial reimbursement to the Developer in accordance with Marana
Town Code section 14-4-3 (capacity requirements).
H. If constructed as designed, the current total estimated construction cost for the De-
veloper-Installed Facility is $2,054,036.
I. The Developer-Installed Facility has capacity for 4,927 EDUs. The Subject Property
is estimated to have a total of 2,005 EDUs, leaving excess capacity in the Developer-In-
stalled Facility of 2,922 EDUs.
J. The Developer desires that the Town take ownership of, operate, and service the De-
veloper-Installed Facility.
K. The Town is willing to accept the Developer-Installed Facility and permit it to be
connected to the Town sewer system provided it meets Town standards and the work is
done in accordance with Town requirements.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual cove-
nants set forth in this Agreement, the Parties hereby agree as follows:
1. The Developer-Installed Facility
1.1. Developer installation of the Developer-Installed Facility. The Developer has designed
and shall install, at the Developer’s own expense (subject to the reimbursement provi-
sions of this Agreement), the sewer infrastructure improvements as depicted in the Facil-
ity Plan. The sewer infrastructure improvements depicted on the Facility Plan are re-
ferred to in this Agreement as the “Developer-Installed Facility,” and shall conform to
the design standards of the Pima County Regional Wastewater Reclamation Department
and the Town of Marana Town Code Title 14 and special specifications and details as
approved by the Town and by this reference made a part of this Agreement. The Facility
Plan shall include a plan note identifying the Developer-Installed Facility as a new sewer
facility and shall show any and all alterations to the existing sewer system. Construction
and installation of the Developer-Installed Facility in accordance with the Facility Plan,
including without limitation all labor, materials, equipment, supplies, and tools required
for the construction and installation, is referred to in this Agreement as the “Work.”
1.2. Competitive bids. As a condition of and prerequisite to receiving any reimburse-
ment under this Agreement, the Developer shall go through the competitive bidding pro-
cess for the Work in compliance with Title 34 of the Arizona Revised Statutes.
1.3. Work by licensed contractor. The Work shall be performed by a contractor properly
licensed by the State of Arizona as determined by the Arizona Registrar of Contractors.
In addition to any other contractor’s license classifications required by the Arizona Reg-
istrar of Contractors, the contractor shall hold contractor’s license classifications A, A-12
and A-16.
EXHIBIT D TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 139 of 177
MANDARINA OFFSITE SEWER CONSTRUCTION AGREEMENT 11/24/2020 8:16 PM
- 3 -
1.4. Payment of connection fees. Before any service connections are made from the
Town’s sewer system to the Developer-Installed Facility, the person or entity seeking the
service connection shall pay to the Town the connection fees and any other fees required
by Marana Town Code Title 14.
1.5. Developer-Installed Facility acceptance by Town. Service connections shall not be
made to the Developer-Installed Facility, and the Developer-Installed Facility shall not
be connected to the Town’s sewer system, until the Developer-Installed Facility has been
accepted by the Town in accordance with Marana Town Code Title 14.
1.6. Developer’s certification. Execution of this Agreement certifies that the Developer
has reviewed the Facility Plan and all other specifications applicable to the Work and has
approved and agrees with the location of all service lines.
1.7. Termination for lack of Work. Approval of the Facility Plan shall lapse and this
Agreement shall terminate if more than one year has passed since the date of this Agree-
ment and the Work has not begun, or if the Work is discontinued for a period of one year.
1.8. Oversizing Recovery Charge. The Parties have determined that the Developer-In-
stalled Facility will have sufficient capacity to serve an additional 2,922 EDUs as a result
of and upon completion of the Work and after connection of 2,005 EDUs on the Subject
Property. Consequently, pursuant to Marana Town Code section 14-4-3 (C), the Town
hereby establishes an “oversizing recovery charge” of $416.89 per EDU for connections
whose capacity is made possible as a result of the Work. For purposes of this paragraph,
all of the following apply:
1.8.1. The oversizing recovery charge shall be payable only until the Developer-
Installed Facility reaches its design capacity, currently anticipated to be for an addi-
tional 2,922 EDUs whose capacity is made possible as a result of the Work or until the
termination of the Mandarina Development Agreement, whichever occurs first. Based
on the oversizing recovery charge of $416.89 per EDU, the Parties’ current estimate of
the Developer’s total potential reimbursement through oversizing recovery charges
for the Developer-Installed Facility is $1,218,164.
1.8.2. The Town will deposit the oversizing recovery charge payments for con-
structed EDUs benefitted by the Developer-Installed Facility in the “Reimbursement
Account” established pursuant to the Mandarina Development Agreement, and will
reimburse the Developer in accordance with the “Reimbursement Payments” provi-
sion of the Mandarina Development Agreement.
1.8.3. The Developer shall have a beneficial ownership interest in the service area
for the Developer-Installed Facility sufficient to prohibit connection in that area unless
and until the oversizing recovery charge is paid.
1.8.4. One EDU is a typical single-family residence served by a five-eighths inch
meter. EDU equivalencies for other uses and meter sizes shall be based on standard
Town equivalency tables and calculations.
EXHIBIT D TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 140 of 177
MANDARINA OFFSITE SEWER CONSTRUCTION AGREEMENT 11/24/2020 8:16 PM
- 4 -
1.8.5. The number of EDUs subject to the oversizing recovery charge has been cal-
culated assuming the development of 2005 lots on the Subject Property served by five-
eighths inch meters. If the actual number of lots and size of meters used to develop
the Subject Property results in a different EDU count, the number of EDUs required
to pay the oversizing recovery charge shall be adjusted accordingly, based on stand-
ard Town equivalency tables and calculations, and the “oversizing recovery charge”
set forth in subparagraph 1.8.1 above shall be re-calculated accordingly.
1.8.6. The Parties acknowledge that final construction quantities and amounts will
be provided after construction of the Developer Installed-Facility is completed.
1.8.7. The Town makes no guarantee that the Developer will receive full reim-
bursement of the Developer’s cost of completing the Work.
2. Engineering and Inspection
2.1. Registered civil engineer. The Developer shall employ a registered Civil Engineer to
design, lay out, establish control lines for and certify the layout of the Work according to
the Facility Plan.
2.2. Town inspector’s authority. Any inspector authorized by the Town shall have full
inspection authority over the Work.
2.3. Inspection provisions. The Developer shall furnish the Town’s inspector with all
facilities reasonably necessary to inspect the Work. The Work shall be subject to Town
inspection at all times. Defective work shall be corrected in a manner satisfactory to the
Town’s inspector. Inspection by the Town is for the purpose of ensuring compliance with
plans and specifications only. The Town makes no guarantee as to the safety or engineer-
ing soundness of plans prepared by the Developer or any contractor.
2.4. Payment of Town inspector’s overtime cost. If scheduling by the Developer’s contrac-
tor reasonably requires the Town’s inspector to work overtime, the Developer or Devel-
oper’s contractor shall pay the Town for any additional salaries, expenses or employee
benefits relating to the overtime. For purposes of this paragraph, overtime is any time
over 40 hours worked in a seven-day work period, any time over eight hours worked
Monday through Friday, and any time worked on weekends and legal holidays observed
by the Town.
3. Preconstruction Procedure
3.1. Request to begin construction. The Developer shall submit a written request to begin
construction to the Town five working days before the Work is to commence.
3.2. Construction permit. This Agreement shall be completed, signed and notarized,
and returned to the Town prior to issuance of a construction permit for the Work.
3.3. Start and completion of the Work. No portion of the Work shall begin until the Town
has issued a construction permit specifying the starting date and a reasonable time for
completion.
EXHIBIT D TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 141 of 177
MANDARINA OFFSITE SEWER CONSTRUCTION AGREEMENT 11/24/2020 8:16 PM
- 5 -
3.4. Progress of the Work. The Work shall be commenced and carried on at such points
and in such order as may be directed by the Town.
3.5. Materials sampling and testing. Materials shall be available for sampling and testing
by the Town prior to being used in the Work. Materials that fail to meet Town specification
shall be removed from the site.
3.6. Permits and approvals. The Developer shall, at Developer’s expense, obtain all neces-
sary permits and licenses for the Work, pay all fees and comply with all laws, ordinances
and regulations relating to the Work. Town permit fees for the Work are waived pursuant
to the Mandarina Development Agreement.
4. Construction
4.1. Developer’s presence on site. The Developer, or Developer’s designated agent, shall
be present at all times during performance of the Work. The name of the Developer’s
designated agent and the contractor performing the Work shall be furnished to the Town
before the Work begins. Instructions given by the Town to the designated agent shall be
deemed to have been given to the Developer.
4.2. Competence and diligence. The Developer shall employ only competent and efficient
laborers, mechanics or artisans on the Work, and the Developer agrees to perform dili-
gently to complete the Work on or before the completion date given in the notice to pro-
ceed.
4.3. Alterations to the existing Town sewer system. The Developer shall, at Developer’s
expense, make any and all alterations to the existing sewer system either on-site or off-
site necessitated by paving, drainage, or other improvements caused by the development
of the Subject Property.
4.4. Worksite safety. The Developer shall require all contractors and subcontractors per-
forming any portion of the Work to comply with all safety requirements of the Occupa-
tional Safety and Hazards Act as set forth by the Federal Government and as imple-
mented by the State of Arizona. The Developer or its contractors shall be solely responsi-
ble for all fines or other penalties provided for by law for any violations of the Occupa-
tional Safety Hazards Act.
5. Dedication
5.1. Transfer of the Developer-Installed Facility to the Town. Upon the Town’s final ac-
ceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer
and deliver to the Town the Developer-Installed Facility free and clear of all liens, claims,
charges or encumbrances.
5.2. One-year warranty. The Developer guarantees the Work to be free from all failures
due to poor workmanship or materials for a period of one year from the date of the
Town’s final acceptance of the Work.
EXHIBIT D TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 142 of 177
MANDARINA OFFSITE SEWER CONSTRUCTION AGREEMENT 11/24/2020 8:16 PM
- 6 -
5.3. Other conflicting construction prohibited. The Developer shall not construct or allow
the construction of any utility, structure, building, or other improvement that would in-
terfere with the operation or maintenance of the Developer-Installed Facility.
5.4. Developer’s obligation to maintain finished grade. The Developer guarantees that all
service lines and other sewer facilities on the Subject Property will be to finished grade
and that Developer will remain responsible for raising or lowering said services as re-
quired until the Subject Property is fully developed.
5.5. Acceptance by the Town. The Town shall accept title to and take possession of the
Developer-Installed Facility when the Work has been completed to the satisfaction of the
Town. Subject to the Developer’s continuing obligations under this Agreement, the Town
shall operate and service the Developer-Installed Facility after taking over possession of
it under this paragraph.
6. Miscellaneous
6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its
Mayor and Council, officers and employees, boards, committees and commissions from
and against any loss, claim, suit, demand, cause of action, or liability of any nature, in-
cluding but not limited to damage to property and injuries to persons, including death,
arising or alleged to have arisen, in whole or in part, out of any negligent act or omission
of the Developer or any contractor, subcontractor, or any person employed directly or
indirectly by any of them in the performance of the Work or in the operation of the De-
veloper-Installed Facility.
6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, successors and assigns of the Parties.
6.3. Consent required for assignment. The Developer may not assign this Agreement with-
out the prior written consent of the Town.
6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38-511,
which provides for cancellation in certain instances involving conflict of interest.
[Signature page follows.]
EXHIBIT D TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 143 of 177
MANDARINA OFFSITE SEWER CONSTRUCTION AGREEMENT 11/24/2020 8:16 PM
- 7 -
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set
forth below their respective signatures.
THE “TOWN”:
TOWN OF MARANA, an Arizona municipal
corporation
By: [SPECIMEN ONLY]
Ed Honea, Mayor
Date:
ATTEST:
[SPECIMEN ONLY]
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
[SPECIMEN ONLY]
Jane Fairall, Town Attorney
The “Developer”:
MANDARINA, LLC, a Colorado limited
liability company
By: MSP INVESTMENT CO., LLP, a
Colorado limited liability
partnership, its Manager
By: [SPECIMEN ONLY]
Marcus Palkowitsh, Partner
Date:
STATE OF COLORADO )
ss
County of )
The foregoing instrument was acknowledged before me on by
Marcus Palkowitsh, Partner of MSP INVESTMENT CO., LLP, a Colorado limited liability
partnership, Manager of MANDARINA, LLC, a Colorado limited liability company (the
“Developer”), on its behalf.
(Seal)
[SPECIMEN ONLY]
Notary Public
EXHIBIT D TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 144 of 177
MANDARINA OFFSITE WATER CONSTRUCTION AGREEMENT 11/24/2020 8:11 PM
-1 -
TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF
WATER FACILITIES UNDER PRIVATE CONTRACT
Mandarina Offsite Water
THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF
MARANA, an Arizona municipal corporation (the “Town”), and MANDARINA, LLC, a
Colorado limited liability company (the “Developer”). The Town and the Developer are
sometimes collectively referred to as the “Parties,” each of which is sometimes
individually referred to as a “Party.”
RECITALS
A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana
Town Code as it may be amended from time to time (“Marana Town Code Title 14”).
B. The Developer desires for the Town to provide water service to the land described
and depicted in the Mandarina Specific Plan, adopted by Marana Ordinance No. 2009.02,
recorded in the Pima County Recorder’s office at Docket 13499, Page 8 (Sequence
20090340005), and amended by an administrative amendment dated October 30, 2019,
whose land area is referred to in this Agreement as the “Subject Property.”
C. The Developer is the owner of the “Subject Property.”
D. As a condition of securing water service from the Town for the Subject Property,
the Developer agrees to install those certain water infrastructure improvements (the “De-
veloper-Installed Facility”) in accordance with the required plans, specifications, and ma-
terials as outlined and depicted in the Water Plan for Mandarina Offsite Public 16” Water,
Zone ___ Transmission Main, Plan No. ENG_______, sealed by [Engineering Firm] on
[Date] and approved by the Town of Marana Water Director on [Date] (the “Facility
Plan”), which is on file in the office of the Town of Marana Water Department.
E. The Parties are also parties to the “Mandarina Development Agreement,” recorded
in the Pima County Recorder’s office on December 4, 2020 at Sequence 2020________ and
approved by Marana Resolution No. 2020-_____, adopted by the Marana Town Council
on December 1, 2020.
F. The Mandarina Development Agreement governs development of the Subject
Property and anticipates the Developer’s installation of the Developer-Installed Facility,
which is referred to in the Mandarina Development Agreement as the “Offsite 16-Inch
Potable Water Main.”
EXHIBIT E TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 145 of 177
MANDARINA OFFSITE WATER CONSTRUCTION AGREEMENT 11/24/2020 8:11 PM
- 2 -
G. If constructed as designed, the Developer-Installed Facility will include elements
and capacity sufficient to serve other new Town customers, and to that extent the Parties
wish to provide for partial reimbursement to the Developer in accordance with Marana
Town Code section 14-4-3 (capacity requirements).
H. If constructed as designed, the current total estimated construction cost for the De-
veloper-Installed Facility is $1,363,643.
I. Based on the water modeling for the development of the Subject Property, and as-
suming 2,000 gallons per minute of capacity is set aside for fire flow, the Town concludes
that the Developer-Installed Facility will have total capacity for 2,730 EDUs. The Parties
currently assume that 2,005 EDUs will be developed on the Subject Property, which would
leave excess capacity in the Developer-Installed Facility of 725 EDUs.
J. The Developer desires that the Town take ownership of, operate, and service the De-
veloper-Installed Facility.
K. The Town is willing to accept the Developer-Installed Facility and permit it to be
connected to the Town water system provided it meets Town standards and the work is
done in accordance with Town requirements.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual cove-
nants set forth in this Agreement, the Parties hereby agree as follows:
1. The Developer-Installed Facility
1.1. Developer installation of the Developer-Installed Facility. The Developer has designed
and shall install, at the Developer’s own expense (subject to the reimbursement provi-
sions of this Agreement and the Mandarina Development Agreement), the water infra-
structure improvements as depicted in the Facility Plan. The water infrastructure im-
provements depicted on the Facility Plan are referred to in this Agreement as the “Devel-
oper-Installed Facility,” and shall conform to the design standards of the City of Tucson
Water Department and the Town of Marana Town Code Title 14 and special specifica-
tions and details as approved by the Town and by this reference made a part of this
Agreement. The Facility Plan shall include a plan note identifying the Developer-In-
stalled Facility as a new water facility and shall show any and all alterations to the exist-
ing water system. Construction and installation of the Developer-Installed Facility in ac-
cordance with the Facility Plan, including without limitation all labor, materials, equip-
ment, supplies, and tools required for the construction and installation, is referred to in
this Agreement as the “Work.”
1.2. Competitive bids. As a condition of and prerequisite to receiving any reimburse-
ment under this Agreement, the Developer shall go through the competitive bidding pro-
cess for the Work in compliance with Title 34 of the Arizona Revised Statutes.
1.3. Work by licensed contractor. The Work shall be performed by a contractor properly
licensed by the State of Arizona as determined by the Arizona Registrar of Contractors.
EXHIBIT E TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 146 of 177
MANDARINA OFFSITE WATER CONSTRUCTION AGREEMENT 11/24/2020 8:11 PM
- 3 -
In addition to any other contractor’s license classifications required by the Arizona Reg-
istrar of Contractors, the contractor shall hold contractor’s license classifications A, A-12
and A-16.
1.4. Payment of connection fees. Before any service connections are made from the
Town’s water system to the Developer-Installed Facility, the person or entity seeking the
service connection shall pay to the Town the connection fees and any other fees required
by Marana Town Code Title 14.
1.5. Developer-Installed Facility acceptance by Town. No service connections shall be
made from the Town’s water system to the Applicant-Installed Facility until the Appli-
cant-Installed Facility has been accepted by the Town in accordance with Marana Town
Code Title 14.
1.6. Developer’s certification. Execution of this Agreement certifies that the Developer
has reviewed the Facility Plan and all other specifications applicable to the Work and has
approved and agrees with the location of all service lines.
1.7. Termination for lack of Work. Approval of the Facility Plan shall lapse and this
Agreement shall terminate if more than one year has passed since the date of this Agree-
ment and the Work has not begun, or if the Work is discontinued for a period of one year.
1.8. Oversizing Recovery Charge. The Parties have determined that the Developer-In-
stalled Facility will have sufficient capacity to serve an additional 725 EDUs as a result of
and upon completion of the Work and after connection of 2,005 EDUs on the Subject
Property. Consequently, pursuant to Marana Town Code section 14-4-3 (C), the Town
hereby establishes an “oversizing recovery charge” of $499.50 per EDU for connections
whose capacity is made possible as a result of the Work. For purposes of this paragraph,
all of the following apply:
1.8.1. The oversizing recovery charge shall be payable only until the Developer-
Installed Facility reaches its design capacity, currently anticipated to be for an addi-
tional 725 EDUs made possible as a result of the Work or until the termination of the
Mandarina Development Agreement, whichever occurs first. Based on the oversizing
recovery charge of $499.50 per EDU, the Parties’ current estimate of the Developer’s
total potential reimbursement from the Town from oversizing recovery charges under
this Agreement is $362,137.50.
1.8.2. The Town will deposit the oversizing recovery charge payments for con-
structed EDUs benefitted by the Developer-Installed Facility in the “Reimbursement
Account” established pursuant to the Mandarina Development Agreement, and will
reimburse the Developer in accordance with the “Reimbursement Payments” provi-
sion of the Mandarina Development Agreement.
1.8.3. The Developer shall have a beneficial ownership interest in the service area
for the Developer-Installed Facility sufficient to prohibit connection in that area unless
and until the oversizing recovery charge is paid.
EXHIBIT E TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 147 of 177
MANDARINA OFFSITE WATER CONSTRUCTION AGREEMENT 11/24/2020 8:11 PM
- 4 -
1.8.4. One EDU is a typical single-family residence served by a five-eighths inch
meter. EDU equivalencies for other uses and meter sizes shall be based on standard
Town equivalency tables and calculations.
1.8.5. The number of EDUs subject to the oversizing recovery charge has been cal-
culated based on a calculated 16” pipe capacity and assuming the development of
2005 lots on the Subject Property served by five-eighths inch meters. If the actual pipe
capacity and/or the actual number of lots and size of meters used to develop the Sub-
ject Property results in a different EDU count, the number of EDUs required to pay
the oversizing recovery charge shall be adjusted accordingly, based on standard Town
equivalency tables and calculations, and the “oversizing recovery charge” set forth in
subparagraph 1.8.1 above shall be re-calculated accordingly.
1.8.6. The Parties acknowledge that final construction quantities and amounts will
be provided after construction of the Developer Installed-Facility is completed.
1.8.7. The Town makes no guarantee that the Developer will receive full reim-
bursement of the Developer’s cost of completing the Work.
2. Engineering and Inspection
2.1. Registered civil engineer. The Developer shall employ a registered Civil Engineer to
design, lay out, establish control lines for and certify the layout of the Work according to
the Facility Plan.
2.2. Town inspector’s authority. Any inspector authorized by the Town shall have full
inspection authority over the Work.
2.3. Inspection provisions. The Developer shall furnish the Town’s inspector with all
facilities reasonably necessary to inspect the Work. The Work shall be subject to Town
inspection at all times. Defective work shall be corrected in a manner satisfactory to the
Town’s inspector. Inspection by the Town is for the purpose of ensuring compliance with
plans and specifications only. The Town makes no guarantee as to the safety or engineer-
ing soundness of plans prepared by the Developer or any contractor.
2.4. Payment of Town inspector’s overtime cost. If scheduling by the Developer’s contrac-
tor reasonably requires the Town’s inspector to work overtime, the Developer or Devel-
oper’s contractor shall pay the Town for any additional salaries, expenses or employee
benefits relating to the overtime. For purposes of this paragraph, overtime is any time
over 40 hours worked in a seven-day work period, any time over eight hours worked
Monday through Friday, and any time worked on weekends and legal holidays observed
by the Town.
3. Preconstruction Procedure
3.1. Request to begin construction. The Developer shall submit a written request to begin
construction to the Town five working days before the Work is to commence.
3.2. Construction permit. This Agreement shall be completed, signed and notarized,
and returned to the Town prior to issuance of a construction permit for the Work.
EXHIBIT E TO MANDARINA DEVELOPMENT AGREEMENT
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- 5 -
3.3. Start and completion of the Work. No portion of the Work shall begin until the Town
has issued a construction permit specifying the starting date and a reasonable time for
completion.
3.4. Progress of the Work. The Work shall be commenced and carried on at such points
and in such order as may be directed by the Town.
3.5. Materials sampling and testing. Materials shall be available for sampling and testing
by the Town prior to being used in the Work. Materials that fail to meet Town specification
shall be removed from the site.
3.6. Permits and approvals. The Developer shall, at Developer’s expense, obtain all neces-
sary permits and licenses for the Work, pay all fees and comply with all laws, ordinances
and regulations relating to the Work. Town permit fees for the Work are waived pursuant
to the Mandarina Development Agreement.
4. Construction
4.1. Developer’s presence on site. The Developer, or Developer’s designated agent, shall
be present at all times during performance of the Work. The name of the Developer’s
designated agent and the contractor performing the Work shall be furnished to the Town
before the Work begins. Instructions given by the Town to the designated agent shall be
deemed to have been given to the Developer.
4.2. Competence and diligence. The Developer shall employ only competent and efficient
laborers, mechanics or artisans on the Work, and the Developer agrees to perform dili-
gently to complete the Work on or before the completion date given in the notice to pro-
ceed.
4.3. Paving. The Applicant shall identify and locate all water valves prior to paving
and set valve boxes to final grade after paving.
4.4. Alterations to the existing Town water system. The Developer shall, at Developer’s
expense, make any and all alterations to the existing water system either on-site or off-
site necessitated by paving, drainage, or other improvements caused by the development
of the Subject Property.
4.5. Worksite safety. The Developer shall require all contractors and subcontractors per-
forming any portion of the Work to comply with all safety requirements of the Occupa-
tional Safety and Hazards Act as set forth by the Federal Government and as imple-
mented by the State of Arizona. The Developer or its contractors shall be solely responsi-
ble for all fines or other penalties provided for by law for any violations of the Occupa-
tional Safety Hazards Act.
5. Dedication
5.1. Transfer of the Developer-Installed Facility to the Town. Upon the Town’s final ac-
ceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer
and deliver to the Town the Developer-Installed Facility free and clear of all liens, claims,
charges or encumbrances.
EXHIBIT E TO MANDARINA DEVELOPMENT AGREEMENT
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- 6 -
5.2. One-year warranty. The Developer guarantees the Work to be free from all failures
due to poor workmanship or materials for a period of one year from the date of the
Town’s final acceptance of the Work.
5.3. Other conflicting construction prohibited. The Developer shall not construct or allow
the construction of any utility, structure, building, or other improvement that would in-
terfere with the operation or maintenance of the Developer-Installed Facility.
5.4. Developer’s obligation to maintain finished grade. The Developer guarantees that all
service lines, meters, and meter boxes on the Subject Property will be to finished grade
and that the Developer will remain responsible for raising or lowering said services as
required until the Subject Property is fully developed.
5.5. Acceptance by the Town. The Town shall accept title to and take possession of the
Developer-Installed Facility when the Work has been completed to the satisfaction of the
Town. Subject to the Developer’s continuing obligations under this Agreement, the Town
shall operate and service the Developer-Installed Facility after taking over possession of
it under this paragraph.
6. Miscellaneous
6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its
Mayor and Council, officers and employees, boards, committees and commissions from
and against any loss, claim, suit, demand, cause of action, or liability of any nature, in-
cluding but not limited to damage to property and injuries to persons, including death,
arising or alleged to have arisen, in whole or in part, out of any negligent act or omission
of the Developer or any contractor, subcontractor, or any person employed directly or
indirectly by any of them in the performance of the Work or in the operation of the De-
veloper-Installed Facility.
6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, successors and assigns of the Parties.
6.3. Consent required for assignment. The Developer may not assign this Agreement with-
out the prior written consent of the Town.
6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38-511,
which provides for cancellation in certain instances involving conflict of interest.
[Signature page follows.]
EXHIBIT E TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 150 of 177
MANDARINA OFFSITE WATER CONSTRUCTION AGREEMENT 11/24/2020 8:11 PM
- 7 -
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set
forth below their respective signatures.
THE “TOWN”:
TOWN OF MARANA, an Arizona municipal
corporation
By: [SPECIMEN ONLY]
Ed Honea, Mayor
Date:
ATTEST:
[SPECIMEN ONLY]
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
[SPECIMEN ONLY]
Jane Fairall, Town Attorney
The “Developer”:
MANDARINA, LLC, a Colorado limited
liability company
By: MSP INVESTMENT CO., LLP, a
Colorado limited liability
partnership, its Manager
By: [SPECIMEN ONLY]
Marcus Palkowitsh, Partner
Date:
STATE OF COLORADO )
ss
County of )
The foregoing instrument was acknowledged before me on by
Marcus Palkowitsh, Partner of MSP INVESTMENT CO., LLP, a Colorado limited liability
partnership, Manager of MANDARINA, LLC, a Colorado limited liability company (the
“Developer”), on its behalf.
(Seal)
[SPECIMEN ONLY]
Notary Public
EXHIBIT E TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 151 of 177
MANDARINA REGIONAL CHANNEL CONSTRUCTION AGREEMENT 11/24/2020 7:10 PM
-1 -
TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF
DRAINAGE FACILITIES UNDER PRIVATE CONTRACT
Mandarina Regional Channel
THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MA-
RANA, an Arizona municipal corporation (the “Town”), and MANDARINA, LLC, a Colo-
rado limited liability company (the “Developer”). The Town and the Developer are some-
times collectively referred to as the “Parties,” each of which is sometimes individually
referred to as a “Party.”
RECITALS
A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana
Town Code as it may be amended from time to time (“Marana Town Code Title 14”).
B. The Developer desires for the Town to issue flood control use permits for develop-
ment on the land described and depicted in the Mandarina Specific Plan, adopted by
Marana Ordinance No. 2009.02, recorded in the Pima County Recorder’s office at Docket
13499, Page 8 (Sequence 20090340005), and amended by an administrative amendment
dated October 30, 2019, whose land area is referred to in this Agreement as the “Subject
Property.”
C. The Developer is the owner of the “Subject Property.”
D. As a condition of receiving flood control use permits from the Town for the Subject
Property, the Developer agrees to install those certain drainage infrastructure improve-
ments (the “Developer-Installed Facility”) in accordance with the required plans, specifi-
cations, and materials as outlined and depicted in the Plan for Mandarina Regional Chan-
nel, Plan No. ENG_______, sealed by [Engineering Firm] on [Date] and approved by the
Marana Town Engineer on [Date] (the “Facility Plan”), which is on file in the office of the
Town of Marana Development Engineering Department.
E. The Parties are also parties to the “Mandarina Development Agreement,” recorded
in the Pima County Recorder’s office on December 4, 2020 at Sequence 2020________ and
approved by Marana Resolution No. 2020-_____, adopted by the Marana Town Council
on December 1, 2020.
F. The Mandarina Development Agreement governs development of the Subject
Property and anticipates the Developer’s installation of the Developer-Installed Facility,
which is referred to in the Mandarina Development Agreement as the “Regional Chan-
nel.”
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- 2 -
G. If constructed as designed, the Developer-Installed Facility will include elements
and capacity sufficient to provide drainage to other currently vacant Town properties,
and to that extent the Parties wish to provide for partial reimbursement to the Developer
in accordance with Marana Town Code section 14-4-3 (capacity requirements).
H. If constructed as designed, the total cost of the Developer-Installed Facility is
$7,002,106, which is the sum of the current total estimated construction cost for the De-
veloper-Installed Facility of $6,102,106 and the total estimated land value of $900,000
(Subject Property land area to be used for the Developer-Installed Facility is 30 acres,
valued at $30,000 per acre).
I. The Developer-Installed Facility has a capacity of 3207 cubic feet per second. The
Subject Property is estimated to discharge 800 cubic feet per second, leaving excess ca-
pacity in the Developer-Installed Facility of 2407 cubic feet per second.
J. The Developer desires that the Town take ownership of, operate, and service the De-
veloper-Installed Facility.
K. The Town is willing to accept the Developer-Installed Facility and permit it to be
connected to the system of Town-maintained drainage facilities provided it meets Town
standards and the work is done in accordance with Town requirements.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual cove-
nants set forth in this Agreement, the Parties hereby agree as follows:
1. The Developer-Installed Facility
1.1. Developer installation of the Developer-Installed Facility. The Developer has designed
and shall install, at the Developer’s own expense (subject to the reimbursement provi-
sions of this Agreement), the drainage infrastructure improvements as depicted in the
Facility Plan. The drainage infrastructure improvements depicted on the Facility Plan are
referred to in this Agreement as the “Developer-Installed Facility,” and shall conform to
the design standards of the Pima County Regional Flood Control District and the Town
of Marana Town Code Title 14 and special specifications and details as approved by the
Town and by this reference made a part of this Agreement. The Facility Plan shall include
a plan note identifying the Developer-Installed Facility as a new drainage facility and
shall show any and all alterations to the existing drainage system. Construction and in-
stallation of the Developer-Installed Facility in accordance with the Facility Plan, includ-
ing without limitation all labor, materials, equipment, supplies, and tools required for the
construction and installation, is referred to in this Agreement as the “Work.”
1.2. Competitive bids. As a condition of and prerequisite to receiving any reimburse-
ment under this Agreement, the Developer shall go through the competitive bidding pro-
cess for the Work in compliance with Title 34 of the Arizona Revised Statutes.
1.3. Work by licensed contractor. The Work shall be performed by a contractor properly
licensed by the State of Arizona as determined by the Arizona Registrar of Contractors.
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MANDARINA REGIONAL CHANNEL CONSTRUCTION AGREEMENT 11/24/2020 7:10 PM
- 3 -
In addition to any other contractor’s license classifications required by the Arizona Reg-
istrar of Contractors, the contractor shall hold contractor’s license classifications A and
A-12.
1.4. Developer-Installed Facility acceptance by Town. No flood plain use permits will be
issued in reliance on the Developer-Installed Facility, and the Developer-Installed Facility
will not be accepted for maintenance as part of the Town’s drainage system, until the
Developer-Installed Facility has been accepted by the Town in accordance with Marana
Town Code Title 14.
1.5. Developer’s certification. Execution of this Agreement certifies that the Developer
has reviewed the Facility Plan and all other specifications applicable to the Work.
1.6. Termination for lack of Work. Approval of the Facility Plan shall lapse and this
Agreement shall terminate if more than one year has passed since the date of this Agree-
ment and the Work has not begun, or if the Work is discontinued for a period of one year.
1.7. Oversizing Recovery Charge. The Parties have determined that the Developer-In-
stalled Facility will have excess capacity of 2407 cubic feet per second as a result of and
upon completion of the Work and after the discharge of 800 cubic feet per second from
the Subject Property. Consequently, pursuant to Marana Town Code section 14-4-3 (C),
the Town hereby establishes an “oversizing recovery charge” of $2,183.38 per cubic foot
per second for drainage discharges to the Regional Channel. For purposes of this para-
graph, all of the following apply:
1.7.1. The oversizing recovery charge shall be payable only until the Developer-
Installed Facility reaches its design capacity; currently anticipated to be for an addi-
tional 2407 cubic feet per second discharges to the Developer-Installed Facility.
1.7.2. Based on the oversizing recovery charge of $2,183.38 per cubic foot per sec-
ond, the Parties’ current estimate of the total potential reimbursement through over-
sizing recovery charges for the Developer-Installed Facility is $5,255,395.66.
1.7.3. The oversizing recovery charge payments for development benefitted by the
Developer-Installed Facility shall be payable as described in the Mandarina Develop-
ment Agreement.
1.7.4. The Developer shall have a beneficial ownership interest in the Developer-
Installed Facility sufficient to prohibit drainage discharge into it from newly devel-
oped properties unless and until the oversizing recovery charge is paid.
1.7.5. The drainage discharge into the Developer-Installed Facility from newly de-
veloped properties shall be determined by a drainage report prepared by a licensed
civil engineer and approved by the Town Engineer.
1.7.6. The 800 cubic feet per second drainage discharge from the Subject Property
has been calculated assuming certain development on the Subject Property. If the ac-
tual development of the Subject Property results in a different drainage discharge
from the Subject Property, the remaining available capacity of the Developer-Installed
EXHIBIT F TO MANDARINA DEVELOPMENT AGREEMENT
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MANDARINA REGIONAL CHANNEL CONSTRUCTION AGREEMENT 11/24/2020 7:10 PM
- 4 -
Facility, and the total potential reimbursement through oversizing recovery charges,
shall be re-calculated accordingly.
1.7.7. The Parties acknowledge that final construction quantities and amounts will
be provided after construction of the Developer Installed-Facility is completed.
1.7.8. The Town makes no guarantee that the Developer will receive full reim-
bursement of the Developer’s cost of completing the Work.
2. Engineering and Inspection
2.1. Registered civil engineer. The Developer shall employ a registered Civil Engineer to
design, lay out, establish control lines for and certify the layout of the Work according to
the Facility Plan.
2.2. Town inspector’s authority. Any inspector authorized by the Town shall have full
inspection authority over the Work.
2.3. Inspection provisions. The Developer shall furnish the Town’s inspector with all
facilities reasonably necessary to inspect the Work. The Work shall be subject to Town
inspection at all times. Defective work shall be corrected in a manner satisfactory to the
Town’s inspector. Inspection by the Town is for the purpose of ensuring compliance with
plans and specifications only. The Town makes no guarantee as to the safety or engineer-
ing soundness of plans prepared by the Developer or any contractor.
2.4. Payment of Town inspector’s overtime cost. If scheduling by the Developer’s contrac-
tor reasonably requires the Town’s inspector to work overtime, the Developer or Devel-
oper’s contractor shall pay the Town for any additional salaries, expenses or employee
benefits relating to the overtime. For purposes of this paragraph, overtime is any time
over 40 hours worked in a seven-day work period, any time over eight hours worked
Monday through Friday, and any time worked on weekends and legal holidays observed
by the Town.
3. Preconstruction Procedure
3.1. Request to begin construction. The Developer shall submit a written request to begin
construction to the Town five working days before the Work is to commence.
3.2. Construction permit. This Agreement shall be completed, signed and notarized,
and returned to the Town prior to issuance of a construction permit for the Work.
3.3. Start and completion of the Work. No portion of the Work shall begin until the Town
has issued a construction permit specifying the starting date and a reasonable time for
completion.
3.4. Progress of the Work. The Work shall be commenced and carried on at such points
and in such order as may be directed by the Town.
3.5. Materials sampling and testing. Materials shall be available for sampling and testing
by the Town prior to being used in the Work. Materials that fail to meet Town specification
shall be removed from the site.
EXHIBIT F TO MANDARINA DEVELOPMENT AGREEMENT
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MANDARINA REGIONAL CHANNEL CONSTRUCTION AGREEMENT 11/24/2020 7:10 PM
- 5 -
3.6. Permits and approvals. The Developer shall, at Developer’s expense, obtain all neces-
sary permits and licenses for the Work, pay all fees and comply with all laws, ordinances
and regulations relating to the Work. Town permit fees for the Work are waived pursuant
to the Mandarina Development Agreement.
4. Construction
4.1. Developer’s presence on site. The Developer, or Developer’s designated agent, shall
be present at all times during performance of the Work. The name of the Developer’s
designated agent and the contractor performing the Work shall be furnished to the Town
before the Work begins. Instructions given by the Town to the designated agent shall be
deemed to have been given to the Developer.
4.2. Competence and diligence. The Developer shall employ only competent and efficient
laborers, mechanics or artisans on the Work, and the Developer agrees to perform dili-
gently to complete the Work on or before the completion date given in the notice to pro-
ceed.
4.3. Alterations to the existing Town drainage system. The Developer shall, at Developer’s
expense, make any and all alterations to the existing drainage system either on-site or off-
site necessitated by paving, drainage, or other improvements caused by the development
of the Subject Property.
4.4. Worksite safety. The Developer shall require all contractors and subcontractors per-
forming any portion of the Work to comply with all safety requirements of the Occupa-
tional Safety and Hazards Act as set forth by the Federal Government and as imple-
mented by the State of Arizona. The Developer or its contractors shall be solely responsi-
ble for all fines or other penalties provided for by law for any violations of the Occupa-
tional Safety Hazards Act.
5. Dedication
5.1. Transfer of the Developer-Installed Facility to the Town. Upon the Town’s final ac-
ceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer
and deliver to the Town the Developer-Installed Facility free and clear of all liens, claims,
charges or encumbrances.
5.2. One-year warranty. The Developer guarantees the Work to be free from all failures
due to poor workmanship or materials for a period of one year from the date of the
Town’s final acceptance of the Work.
5.3. Other conflicting construction prohibited. The Developer shall not construct or allow
the construction of any utility, structure, building, or other improvement that would in-
terfere with the operation or maintenance of the Developer-Installed Facility.
5.4. Developer’s obligation to tie to finished grade. The Developer guarantees that all
drainage facilities on the Subject Property will be tied to the finished grade of the Devel-
oper-Installed Facility.
EXHIBIT F TO MANDARINA DEVELOPMENT AGREEMENT
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- 6 -
5.5. Acceptance by the Town. The Town shall accept title to and take possession of the
Developer-Installed Facility when the Work has been completed to the satisfaction of the
Town. Subject to the Developer’s continuing obligations under this Agreement, the Town
shall operate and service the Developer-Installed Facility after taking over possession of
it under this paragraph.
6. Miscellaneous
6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its
Mayor and Council, officers and employees, boards, committees and commissions from
and against any loss, claim, suit, demand, cause of action, or liability of any nature, in-
cluding but not limited to damage to property and injuries to persons, including death,
arising or alleged to have arisen, in whole or in part, out of any negligent act or omission
of the Developer or any contractor, subcontractor, or any person employed directly or
indirectly by any of them in the performance of the Work or in the operation of the De-
veloper-Installed Facility.
6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, successors and assigns of the Parties.
6.3. Consent required for assignment. The Developer may not assign this Agreement with-
out the prior written consent of the Town.
6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38-511,
which provides for cancellation in certain instances involving conflict of interest.
[Signature page follows.]
EXHIBIT F TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 157 of 177
MANDARINA REGIONAL CHANNEL CONSTRUCTION AGREEMENT 11/24/2020 7:10 PM
- 7 -
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set
forth below their respective signatures.
THE “TOWN”:
TOWN OF MARANA, an Arizona municipal
corporation
By: [SPECIMEN ONLY]
Ed Honea, Mayor
Date:
ATTEST:
[SPECIMEN ONLY]
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
[SPECIMEN ONLY]
Jane Fairall, Town Attorney
The “Developer”:
MANDARINA, LLC, a Colorado limited
liability company
By: MSP INVESTMENT CO., LLP, a
Colorado limited liability
partnership, its Manager
By: [SPECIMEN ONLY]
Marcus Palkowitsh, Partner
Date:
STATE OF COLORADO )
ss
County of )
The foregoing instrument was acknowledged before me on by
Marcus Palkowitsh, Partner of MSP INVESTMENT CO., LLP, a Colorado limited liability
partnership, Manager of MANDARINA, LLC, a Colorado limited liability company (the
“Developer”), on its behalf.
(Seal)
[SPECIMEN ONLY]
Notary Public
EXHIBIT F TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 158 of 177
MANDARINA NORTH CHANNEL CONSTRUCTION AGREEMENT 11/24/2020 7:11 PM
-1 -
TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF
DRAINAGE FACILITIES UNDER PRIVATE CONTRACT
Mandarina North Channel
THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MA-
RANA, an Arizona municipal corporation (the “Town”), and MANDARINA, LLC, a Colo-
rado limited liability company (the “Developer”). The Town and the Developer are some-
times collectively referred to as the “Parties,” each of which is sometimes individually
referred to as a “Party.”
RECITALS
A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana
Town Code as it may be amended from time to time (“Marana Town Code Title 14”).
B. The Developer desires for the Town to issue flood control use permits for develop-
ment on the land described and depicted in the Mandarina Specific Plan, adopted by
Marana Ordinance No. 2009.02, recorded in the Pima County Recorder’s office at Docket
13499, Page 8 (Sequence 20090340005), and amended by an administrative amendment
dated October 30, 2019, whose land area is referred to in this Agreement as the “Subject
Property.”
C. The Developer is the owner of the “Subject Property.”
D. As a condition of receiving flood control use permits from the Town for the Subject
Property, the Developer agrees to install those certain drainage infrastructure improve-
ments (the “Developer-Installed Facility”) in accordance with the required plans, specifi-
cations, and materials as outlined and depicted in the Plan for Mandarina North Channel,
Plan No. ENG_______, sealed by [Engineering Firm] on [Date] and approved by the Ma-
rana Town Engineer on [Date] (the “Facility Plan”), which is on file in the office of the
Town of Marana Development Engineering Department.
E. The Parties are also parties to the “Mandarina Development Agreement,” recorded
in the Pima County Recorder’s office on December 4, 2020 at Sequence 2020________ and
approved by Marana Resolution No. 2020-_____, adopted by the Marana Town Council
on December 1, 2020.
F. The Mandarina Development Agreement governs development of the Subject
Property and anticipates the Developer’s installation of the Developer-Installed Facility,
which is referred to in the Mandarina Development Agreement as the “North Channel.”
EXHIBIT G TO MANDARINA DEVELOPMENT AGREEMENT
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- 2 -
G. If constructed as designed, the Developer-Installed Facility will include elements
and capacity sufficient to provide drainage to other currently vacant Town properties,
and to that extent the Parties wish to provide for partial reimbursement to the Developer
in accordance with Marana Town Code section 14-4-3 (capacity requirements).
H. If constructed as designed, the total cost of the Developer-Installed Facility is
$929,006, which is the sum of the current total estimated construction cost for the Devel-
oper-Installed Facility of $815,606 and the total estimated land value of $113,400 (Subject
Property land area to be used for the Developer-Installed Facility is 3.78 acres, valued at
$30,000 per acre).
I. If constructed as designed, the Developer-Installed Facility will also use 1.28 acres
of land valued at 38,400 (valued at $30,000 per acre), which was dedicated at no cost by
Stewart Title and Trust under Trust No. 3564.
J. The Developer-Installed Facility has a capacity of 1604 cubic feet per second. The
Subject Property is estimated to discharge 407 cubic feet per second, leaving excess ca-
pacity in the Developer-Installed Facility of 1197 cubic feet per second.
K. The Developer desires that the Town take ownership of, operate, and service the
Developer-Installed Facility.
L. The Town is willing to accept the Developer-Installed Facility and permit it to be
connected to the system of Town-maintained drainage facilities provided it meets Town
standards and the work is done in accordance with Town requirements.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual cove-
nants set forth in this Agreement, the Parties hereby agree as follows:
1. The Developer-Installed Facility
1.1. Developer installation of the Developer-Installed Facility. The Developer has designed
and shall install, at the Developer’s own expense (subject to the reimbursement provi-
sions of this Agreement), the drainage infrastructure improvements as depicted in the
Facility Plan. The drainage infrastructure improvements depicted on the Facility Plan are
referred to in this Agreement as the “Developer-Installed Facility,” and shall conform to
the design standards of the Pima County Regional Flood Control District and the Town
of Marana Town Code Title 14 and special specifications and details as approved by the
Town and by this reference made a part of this Agreement. The Facility Plan shall include
a plan note identifying the Developer-Installed Facility as a new drainage facility and
shall show any and all alterations to the existing drainage system. Construction and in-
stallation of the Developer-Installed Facility in accordance with the Facility Plan, includ-
ing without limitation all labor, materials, equipment, supplies, and tools required for the
construction and installation, is referred to in this Agreement as the “Work.”
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1.2. Competitive bids. As a condition of and prerequisite to receiving any reimburse-
ment under this Agreement, the Developer shall go through the competitive bidding pro-
cess for the Work in compliance with Title 34 of the Arizona Revised Statutes.
1.3. Work by licensed contractor. The Work shall be performed by a contractor properly
licensed by the State of Arizona as determined by the Arizona Registrar of Contractors.
In addition to any other contractor’s license classifications required by the Arizona Reg-
istrar of Contractors, the contractor shall hold contractor’s license classifications A and
A-12.
1.4. Developer-Installed Facility acceptance by Town. No flood plain use permits will be
issued in reliance on the Developer-Installed Facility, and the Developer-Installed Facility
will not be accepted for maintenance as part of the Town’s drainage system, until the
Developer-Installed Facility has been accepted by the Town in accordance with Marana
Town Code Title 14.
1.5. Developer’s certification. Execution of this Agreement certifies that the Developer
has reviewed the Facility Plan and all other specifications applicable to the Work.
1.6. Termination for lack of Work. Approval of the Facility Plan shall lapse and this
Agreement shall terminate if more than one year has passed since the date of this Agree-
ment and the Work has not begun, or if the Work is discontinued for a period of one year.
1.7. Oversizing Recovery Charge. The Parties have determined that the Developer-In-
stalled Facility will have excess capacity of 1197 cubic feet per second as a result of and
upon completion of the Work and after the discharge of 407 cubic feet per second from
the Subject Property. Consequently, pursuant to Marana Town Code section 14-4-3 (C),
the Town hereby establishes an “oversizing recovery charge” of $579.18 per cubic foot
per second for drainage discharges to the North Channel. For purposes of this paragraph,
all of the following apply:
1.7.1. The oversizing recovery charge shall be payable only until the Developer-
Installed Facility reaches its design capacity; currently anticipated to be for an addi-
tional 1197 cubic feet per second discharges to the Developer-Installed Facility.
1.7.2. Stewart Title and Trust under Trust No. 3564 shall have a credit of $38,400
toward the Developer-Installed Facility oversizing recovery charge.
1.7.3. Based on the oversizing recovery charge of $579.18 per cubic foot per second,
and subtracting the credit in the previous subparagraph, the Parties’ current estimate
of the total potential reimbursement through oversizing recovery charges for the De-
veloper-Installed Facility is $693,278.46.
1.7.4. The oversizing recovery charge payments for development benefitted by the
Developer-Installed Facility shall be payable as described in the Mandarina Develop-
ment Agreement.
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1.7.5. The Developer shall have a beneficial ownership interest in the Developer-
Installed Facility sufficient to prohibit drainage discharge into it from newly devel-
oped properties unless and until the oversizing recovery charge is paid.
1.7.6. The drainage discharge into the Developer-Installed Facility from newly de-
veloped properties shall be determined by a drainage report prepared by a licensed
civil engineer and approved by the Town Engineer.
1.7.7. The 407 cubic feet per second drainage discharge from the Subject Property
has been calculated assuming certain development on the Subject Property. If the ac-
tual development of the Subject Property results in a different drainage discharge
from the Subject Property, the remaining available capacity of the Developer-Installed
Facility, and the total potential reimbursement through oversizing recovery charges,
shall be re-calculated accordingly.
1.7.8. The Parties acknowledge that final construction quantities and amounts will
be provided after construction of the Developer Installed-Facility is completed.
1.7.9. The Town makes no guarantee that the Developer will receive full reim-
bursement of the Developer’s cost of completing the Work.
2. Engineering and Inspection
2.1. Registered civil engineer. The Developer shall employ a registered Civil Engineer to
design, lay out, establish control lines for and certify the layout of the Work according to
the Facility Plan.
2.2. Town inspector’s authority. Any inspector authorized by the Town shall have full
inspection authority over the Work.
2.3. Inspection provisions. The Developer shall furnish the Town’s inspector with all
facilities reasonably necessary to inspect the Work. The Work shall be subject to Town
inspection at all times. Defective work shall be corrected in a manner satisfactory to the
Town’s inspector. Inspection by the Town is for the purpose of ensuring compliance with
plans and specifications only. The Town makes no guarantee as to the safety or engineer-
ing soundness of plans prepared by the Developer or any contractor.
2.4. Payment of Town inspector’s overtime cost. If scheduling by the Developer’s contrac-
tor reasonably requires the Town’s inspector to work overtime, the Developer or Devel-
oper’s contractor shall pay the Town for any additional salaries, expenses or employee
benefits relating to the overtime. For purposes of this paragraph, overtime is any time
over 40 hours worked in a seven-day work period, any time over eight hours worked
Monday through Friday, and any time worked on weekends and legal holidays observed
by the Town.
3. Preconstruction Procedure
3.1. Request to begin construction. The Developer shall submit a written request to begin
construction to the Town five working days before the Work is to commence.
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3.2. Construction permit. This Agreement shall be completed, signed and notarized,
and returned to the Town prior to issuance of a construction permit for the Work.
3.3. Start and completion of the Work. No portion of the Work shall begin until the Town
has issued a construction permit specifying the starting date and a reasonable time for
completion.
3.4. Progress of the Work. The Work shall be commenced and carried on at such points
and in such order as may be directed by the Town.
3.5. Materials sampling and testing. Materials shall be available for sampling and testing
by the Town prior to being used in the Work. Materials that fail to meet Town specification
shall be removed from the site.
3.6. Permits and approvals. The Developer shall, at Developer’s expense, obtain all neces-
sary permits and licenses for the Work, pay all fees and comply with all laws, ordinances
and regulations relating to the Work. Town permit fees for the Work are waived pursuant
to the Mandarina Development Agreement.
4. Construction
4.1. Developer’s presence on site. The Developer, or Developer’s designated agent, shall
be present at all times during performance of the Work. The name of the Developer’s
designated agent and the contractor performing the Work shall be furnished to the Town
before the Work begins. Instructions given by the Town to the designated agent shall be
deemed to have been given to the Developer.
4.2. Competence and diligence. The Developer shall employ only competent and efficient
laborers, mechanics or artisans on the Work, and the Developer agrees to perform dili-
gently to complete the Work on or before the completion date given in the notice to pro-
ceed.
4.3. Alterations to the existing Town drainage system. The Developer shall, at Developer’s
expense, make any and all alterations to the existing drainage system either on-site or off-
site necessitated by paving, drainage, or other improvements caused by the development
of the Subject Property.
4.4. Worksite safety. The Developer shall require all contractors and subcontractors per-
forming any portion of the Work to comply with all safety requirements of the Occupa-
tional Safety and Hazards Act as set forth by the Federal Government and as imple-
mented by the State of Arizona. The Developer or its contractors shall be solely responsi-
ble for all fines or other penalties provided for by law for any violations of the Occupa-
tional Safety Hazards Act.
5. Dedication
5.1. Transfer of the Developer-Installed Facility to the Town. Upon the Town’s final ac-
ceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer
and deliver to the Town the Developer-Installed Facility free and clear of all liens, claims,
charges or encumbrances.
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5.2. One-year warranty. The Developer guarantees the Work to be free from all failures
due to poor workmanship or materials for a period of one year from the date of the
Town’s final acceptance of the Work.
5.3. Other conflicting construction prohibited. The Developer shall not construct or allow
the construction of any utility, structure, building, or other improvement that would in-
terfere with the operation or maintenance of the Developer-Installed Facility.
5.4. Developer’s obligation to maintain finished grade. The Developer guarantees that all
drainage facilities on the Subject Property will be tied to the finished grade of the Devel-
oper-Installed Facility.
5.5. Acceptance by the Town. The Town shall accept title to and take possession of the
Developer-Installed Facility when the Work has been completed to the satisfaction of the
Town. Subject to the Developer’s continuing obligations under this Agreement, the Town
shall operate and service the Developer-Installed Facility after taking over possession of
it under this paragraph.
6. Miscellaneous
6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its
Mayor and Council, officers and employees, boards, committees and commissions from
and against any loss, claim, suit, demand, cause of action, or liability of any nature, in-
cluding but not limited to damage to property and injuries to persons, including death,
arising or alleged to have arisen, in whole or in part, out of any negligent act or omission
of the Developer or any contractor, subcontractor, or any person employed directly or
indirectly by any of them in the performance of the Work or in the operation of the De-
veloper-Installed Facility.
6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, successors and assigns of the Parties.
6.3. Consent required for assignment. The Developer may not assign this Agreement with-
out the prior written consent of the Town.
6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38-511,
which provides for cancellation in certain instances involving conflict of interest.
[Signature page follows.]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set
forth below their respective signatures.
THE “TOWN”:
TOWN OF MARANA, an Arizona municipal
corporation
By: [SPECIMEN ONLY]
Ed Honea, Mayor
Date:
ATTEST:
[SPECIMEN ONLY]
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
[SPECIMEN ONLY]
Jane Fairall, Town Attorney
The “Developer”:
MANDARINA, LLC, a Colorado limited
liability company
By: MSP INVESTMENT CO., LLP, a
Colorado limited liability
partnership, its Manager
By: [SPECIMEN ONLY]
Marcus Palkowitsh, Partner
Date:
STATE OF COLORADO )
ss
County of )
The foregoing instrument was acknowledged before me on by
Marcus Palkowitsh, Partner of MSP INVESTMENT CO., LLP, a Colorado limited liability
partnership, Manager of MANDARINA, LLC, a Colorado limited liability company (the
“Developer”), on its behalf.
(Seal)
[SPECIMEN ONLY]
Notary Public
EXHIBIT G TO MANDARINA DEVELOPMENT AGREEMENT
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TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF
DRAINAGE FACILITIES UNDER PRIVATE CONTRACT
Mandarina Detention Basin
THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MA-
RANA, an Arizona municipal corporation (the “Town”), and MANDARINA, LLC, a Colo-
rado limited liability company (the “Developer”). The Town and the Developer are some-
times collectively referred to as the “Parties,” each of which is sometimes individually
referred to as a “Party.”
RECITALS
A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana
Town Code as it may be amended from time to time (“Marana Town Code Title 14”).
B. The Developer desires for the Town to issue flood control use permits for develop-
ment on the land described and depicted in the Mandarina Specific Plan, adopted by
Marana Ordinance No. 2009.02, recorded in the Pima County Recorder’s office at Docket
13499, Page 8 (Sequence 20090340005), and amended by an administrative amendment
dated October 30, 2019, whose land area is referred to in this Agreement as the “Subject
Property.”
C. The Developer is the owner of the “Subject Property.”
D. As a condition of receiving flood control use permits from the Town for the Subject
Property, the Developer agrees to install those certain drainage infrastructure improve-
ments (the “Developer-Installed Facility”) in accordance with the required plans, specifi-
cations, and materials as outlined and depicted in the Plan for Mandarina Detention Basin,
Plan No. ENG_______, sealed by [Engineering Firm] on [Date] and approved by the Ma-
rana Town Engineer on [Date] (the “Facility Plan”), which is on file in the office of the
Town of Marana Development Engineering Department.
E. The Parties are also parties to the “Mandarina Development Agreement,” recorded
in the Pima County Recorder’s office on December 4, 2020 at Sequence 2020________ and
approved by Marana Resolution No. 2020-_____, adopted by the Marana Town Council
on December 1, 2020.
F. The Mandarina Development Agreement governs development of the Subject
Property and anticipates the Developer’s installation of the Developer-Installed Facility,
which is referred to in the Mandarina Development Agreement as the “Detention Basin.”
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G. If constructed as designed, the Developer-Installed Facility will include elements
and capacity sufficient to provide drainage to other currently vacant Town properties,
and to that extent the Parties wish to provide for partial reimbursement to the Developer
in accordance with Marana Town Code section 14-4-3 (capacity requirements).
H. If constructed as designed, the total cost of the Developer-Installed Facility is
$2,733,436, which is the sum of the current total estimated construction cost for the De-
veloper-Installed Facility of $2,035,936 and the total estimated land value of $697,500
(Subject Property land area to be used for the Developer-Installed Facility is 23.25 acres,
valued at $30,000 per acre).
I. The Developer-Installed Facility has a storage capacity of 231 acre-feet. The Subject
Property is estimated to require 94 acre-feet of storage, leaving excess storage capacity in
the Developer-Installed Facility of 137 acre-feet.
J. The Developer desires that the Town take ownership of, operate, and service the De-
veloper-Installed Facility.
K. The Town is willing to accept the Developer-Installed Facility and permit it to be
connected to the system of Town-maintained drainage facilities provided it meets Town
standards and the work is done in accordance with Town requirements.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual cove-
nants set forth in this Agreement, the Parties hereby agree as follows:
1. The Developer-Installed Facility
1.1. Developer installation of the Developer-Installed Facility. The Developer has designed
and shall install, at the Developer’s own expense (subject to the reimbursement provi-
sions of this Agreement), the drainage infrastructure improvements as depicted in the
Facility Plan. The drainage infrastructure improvements depicted on the Facility Plan are
referred to in this Agreement as the “Developer-Installed Facility,” and shall conform to
the design standards of the Pima County Regional Flood Control District and the Town
of Marana Town Code Title 14 and special specifications and details as approved by the
Town and by this reference made a part of this Agreement. The Facility Plan shall include
a plan note identifying the Developer-Installed Facility as a new drainage facility and
shall show any and all alterations to the existing drainage system. Construction and in-
stallation of the Developer-Installed Facility in accordance with the Facility Plan, includ-
ing without limitation all labor, materials, equipment, supplies, and tools required for the
construction and installation, is referred to in this Agreement as the “Work.”
1.2. Competitive bids. As a condition of and prerequisite to receiving any reimburse-
ment under this Agreement, the Developer shall go through the competitive bidding pro-
cess for the Work in compliance with Title 34 of the Arizona Revised Statutes.
1.3. Work by licensed contractor. The Work shall be performed by a contractor properly
licensed by the State of Arizona as determined by the Arizona Registrar of Contractors.
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In addition to any other contractor’s license classifications required by the Arizona Reg-
istrar of Contractors, the contractor shall hold contractor’s license classifications A and
A-12.
1.4. Developer-Installed Facility acceptance by Town. No flood plain use permits will be
issued in reliance on the Developer-Installed Facility, and the Developer-Installed Facility
will not be accepted for maintenance as part of the Town’s drainage system, until the
Developer-Installed Facility has been accepted by the Town in accordance with Marana
Town Code Title 14.
1.5. Developer’s certification. Execution of this Agreement certifies that the Developer
has reviewed the Facility Plan and all other specifications applicable to the Work.
1.6. Termination for lack of Work. Approval of the Facility Plan shall lapse and this
Agreement shall terminate if more than one year has passed since the date of this Agree-
ment and the Work has not begun, or if the Work is discontinued for a period of one year.
1.7. Oversizing Recovery Charge. The Parties have determined that the Developer-In-
stalled Facility will have excess storage capacity of 137 acre-feet as a result of and upon
completion of the Work and after the 94 acre-feet of storage capacity required for devel-
opment of the Subject Property. Consequently, pursuant to Marana Town Code section
14-4-3 (C), the Town hereby establishes an “oversizing recovery charge” of $11,833.06 per
acre-foot for storage capacity used in the Detention Basin. For purposes of this paragraph,
all of the following apply:
1.7.1. The oversizing recovery charge shall be payable only until the Developer-
Installed Facility reaches its design capacity; currently anticipated to be for an addi-
tional 137 acre-feet of storage capacity used in the Developer-Installed Facility.
1.7.2. Based on the oversizing recovery charge of $11,833.06 per acre-foot, the Par-
ties’ current estimate of the total potential reimbursement through oversizing recov-
ery charges for the Developer-Installed Facility is $1,621,129.22.
1.7.3. The oversizing recovery charge payments for development benefitted by the
Developer-Installed Facility shall be payable as described in the Mandarina Develop-
ment Agreement.
1.7.4. The Developer shall have a beneficial ownership interest in the Developer-
Installed Facility sufficient to prohibit drainage discharge into it from newly devel-
oped properties unless and until the oversizing recovery charge is paid.
1.7.5. The storage capacity required at the Developer-Installed Facility for newly
developed properties shall be determined by a drainage report prepared by a licensed
civil engineer and approved by the Town Engineer.
1.7.6. The 94 acre-feet of storage capacity required for development of the Subject
Property has been calculated assuming certain development on the Subject Property.
If the actual development of the Subject Property results in a different storage capacity
required for development of the Subject Property, the remaining available capacity of
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the Developer-Installed Facility, and the total potential reimbursement through over-
sizing recovery charges, shall be re-calculated accordingly.
1.7.7. The Parties acknowledge that final construction quantities and amounts will
be provided after construction of the Developer Installed-Facility is completed.
1.7.8. The Town makes no guarantee that the Developer will receive full reim-
bursement of the Developer’s cost of completing the Work.
2. Engineering and Inspection
2.1. Registered civil engineer. The Developer shall employ a registered Civil Engineer to
design, lay out, establish control lines for and certify the layout of the Work according to
the Facility Plan.
2.2. Town inspector’s authority. Any inspector authorized by the Town shall have full
inspection authority over the Work.
2.3. Inspection provisions. The Developer shall furnish the Town’s inspector with all
facilities reasonably necessary to inspect the Work. The Work shall be subject to Town
inspection at all times. Defective work shall be corrected in a manner satisfactory to the
Town’s inspector. Inspection by the Town is for the purpose of ensuring compliance with
plans and specifications only. The Town makes no guarantee as to the safety or engineer-
ing soundness of plans prepared by the Developer or any contractor.
2.4. Payment of Town inspector’s overtime cost. If scheduling by the Developer’s contrac-
tor reasonably requires the Town’s inspector to work overtime, the Developer or Devel-
oper’s contractor shall pay the Town for any additional salaries, expenses or employee
benefits relating to the overtime. For purposes of this paragraph, overtime is any time
over 40 hours worked in a seven-day work period, any time over eight hours worked
Monday through Friday, and any time worked on weekends and legal holidays observed
by the Town.
3. Preconstruction Procedure
3.1. Request to begin construction. The Developer shall submit a written request to begin
construction to the Town five working days before the Work is to commence.
3.2. Construction permit. This Agreement shall be completed, signed and notarized,
and returned to the Town prior to issuance of a construction permit for the Work.
3.3. Start and completion of the Work. No portion of the Work shall begin until the Town
has issued a construction permit specifying the starting date and a reasonable time for
completion.
3.4. Progress of the Work. The Work shall be commenced and carried on at such points
and in such order as may be directed by the Town.
3.5. Materials sampling and testing. Materials shall be available for sampling and testing
by the Town prior to being used in the Work. Materials that fail to meet Town specification
shall be removed from the site.
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3.6. Permits and approvals. The Developer shall, at Developer’s expense, obtain all neces-
sary permits and licenses for the Work, pay all fees and comply with all laws, ordinances
and regulations relating to the Work. Town permit fees for the Work are waived pursuant
to the Mandarina Development Agreement.
4. Construction
4.1. Developer’s presence on site. The Developer, or Developer’s designated agent, shall
be present at all times during performance of the Work. The name of the Developer’s
designated agent and the contractor performing the Work shall be furnished to the Town
before the Work begins. Instructions given by the Town to the designated agent shall be
deemed to have been given to the Developer.
4.2. Competence and diligence. The Developer shall employ only competent and efficient
laborers, mechanics or artisans on the Work, and the Developer agrees to perform dili-
gently to complete the Work on or before the completion date given in the notice to pro-
ceed.
4.3. Alterations to the existing Town drainage system. The Developer shall, at Developer’s
expense, make any and all alterations to the existing drainage system either on-site or off-
site necessitated by paving, drainage, or other improvements caused by the development
of the Subject Property.
4.4. Worksite safety. The Developer shall require all contractors and subcontractors per-
forming any portion of the Work to comply with all safety requirements of the Occupa-
tional Safety and Hazards Act as set forth by the Federal Government and as imple-
mented by the State of Arizona. The Developer or its contractors shall be solely responsi-
ble for all fines or other penalties provided for by law for any violations of the Occupa-
tional Safety Hazards Act.
5. Dedication
5.1. Transfer of the Developer-Installed Facility to the Town. Upon the Town’s final ac-
ceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer
and deliver to the Town the Developer-Installed Facility free and clear of all liens, claims,
charges or encumbrances.
5.2. One-year warranty. The Developer guarantees the Work to be free from all failures
due to poor workmanship or materials for a period of one year from the date of the
Town’s final acceptance of the Work.
5.3. Other conflicting construction prohibited. The Developer shall not construct or allow
the construction of any utility, structure, building, or other improvement that would in-
terfere with the operation or maintenance of the Developer-Installed Facility.
5.4. Developer’s obligation to maintain finished grade. The Developer guarantees that all
drainage facilities on the Subject Property will be tied to the finished grade of the Devel-
oper-Installed Facility.
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5.5. Acceptance by the Town. The Town shall accept title to and take possession of the
Developer-Installed Facility when the Work has been completed to the satisfaction of the
Town. Subject to the Developer’s continuing obligations under this Agreement, the Town
shall operate and service the Developer-Installed Facility after taking over possession of
it under this paragraph.
6. Miscellaneous
6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its
Mayor and Council, officers and employees, boards, committees and commissions from
and against any loss, claim, suit, demand, cause of action, or liability of any nature, in-
cluding but not limited to damage to property and injuries to persons, including death,
arising or alleged to have arisen, in whole or in part, out of any negligent act or omission
of the Developer or any contractor, subcontractor, or any person employed directly or
indirectly by any of them in the performance of the Work or in the operation of the De-
veloper-Installed Facility.
6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, successors and assigns of the Parties.
6.3. Consent required for assignment. The Developer may not assign this Agreement with-
out the prior written consent of the Town.
6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38-511,
which provides for cancellation in certain instances involving conflict of interest.
[Signature page follows.]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set
forth below their respective signatures.
THE “TOWN”:
TOWN OF MARANA, an Arizona municipal
corporation
By: [SPECIMEN ONLY]
Ed Honea, Mayor
Date:
ATTEST:
[SPECIMEN ONLY]
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
[SPECIMEN ONLY]
Jane Fairall, Town Attorney
The “Developer”:
MANDARINA, LLC, a Colorado limited
liability company
By: MSP INVESTMENT CO., LLP, a
Colorado limited liability
partnership, its Manager
By: [SPECIMEN ONLY]
Marcus Palkowitsh, Partner
Date:
STATE OF COLORADO )
ss
County of )
The foregoing instrument was acknowledged before me on by
Marcus Palkowitsh, Partner of MSP INVESTMENT CO., LLP, a Colorado limited liability
partnership, Manager of MANDARINA, LLC, a Colorado limited liability company (the
“Developer”), on its behalf.
(Seal)
[SPECIMEN ONLY]
Notary Public
EXHIBIT H TO MANDARINA DEVELOPMENT AGREEMENT
AMENDED Regular Council Meeting 12/01/2020 Page 172 of 177
11/22/2020 5:18 PM
QUIT CLAIM DEED OF ABANDONMENT
Exempt: A.R.S. § 11-1134 (A) (3)
THE TOWN OF MARANA, an Arizona municipal corporation, hereby quit claims in favor
of MANDARINA, LLC, a Colorado limited liability company, the following described real
property situated in Pima County, Arizona:
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A AND DEPICTION AND
LINE TABLES ATTACHED AS EXHIBIT B-1 AND EXHIBIT B-2,
RESPECTIVELY, ATTACHED TO THIS QUIT CLAIM DEED OF
ABANDONMENT AND INCORPORATED HERE BY THIS REFERENCE
DATED December ________, 2020.
THE TOWN OF MARANA, an Arizona
municipal corporation
By:
Keith Brann, Town Engineer*
*Per Marana Resolution No. 2020-_______
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
STATE OF ARIZONA )
ss
County of Pima )
The foregoing instrument was acknowledged before me on December _____, 2020, by
Keith Brann, Town Engineer of THE TOWN OF MARANA, an Arizona municipal
corporation, on its behalf.
(Seal)
Notary Public
AMENDED Regular Council Meeting 12/01/2020 Page 173 of 177
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POSTVALE ROAD
SANDARIO ROAD
MOORE ROADLON ADAMS ROADSECTION27
PROJECTSITE28273334272634352223272621222827LOCATION MAP T11S R11E S27RN.T.S.RN.T.S.BARNETT ROADPHONE:PHONE:DATEAPPVD. BYPROJECT CONTACTSHEET NO.DWN. BYACCOUNT REP.SCALECHKD. BYBYDESCRIPTIONREVISIONSDATENO.APPVD.OFPHONE:ENGINEER/TECHNICIANRISOLATION AREAATLAS OR TILELOCATIONJOB TYPERELATED WR NO.SPERMIT INFORMATIONSYSTEM MAOP: SYSTEM MOP: HP SERVICEDISTRIBUTIONFEEDERTRANS. BY DEFTRANS > 20%CONTACT ARIZONA 811 AT LEASTTWO FULL WORKING DAYSBEFORE YOU BEGIN EXCAVATIONCALL 811 OR CLICK ARIZONA811.COMWR NO.SYSTEM MAOP: SYSTEM MOP: Southwest Gas Corporation Confidential and Proprietary InformationFor Reference Only - Not Valid for Line Locating Purposes. Norepresentation or warranty is made for the adequacy, accuracy orcompleteness of the information or depictions shown. This informationis protected from further disclosure under the federal Freedom ofInformation Act and the Protected Critical InfrastructureInformation Act of 2002, and Arizona Revised Statutes § 41-4272.This document may not be copied, distributed, or shared to any otherperson or entity in any manner or form without prior written consent ofSouthwest Gas Corporation.JESUS MONTES520-247-9409WILL FIELDER602-395-4067 14N.T.S4/1/2020JMM 360046060 4001453T11S R11E S27401XXXXNB: MARANA UNIFIED SCHOOL DISTRICT CNGSTATIONJMMRDDG&SRMBARNETT ROADGRIER ROADI-10LON ADAMS ROAD
SHEET 5KINDER MORGAN EL PASO NATURAL GAS LINE
PHONE:PHONE:DATEAPPVD. BYPROJECT CONTACTSHEET NO.DWN. BYACCOUNT REP.SCALECHKD. BYBYDESCRIPTIONREVISIONSDATENO.APPVD.OFPHONE:ENGINEER/TECHNICIANRISOLATION AREAATLAS OR TILELOCATIONJOB TYPERELATED WR NO.SPERMIT INFORMATIONSYSTEM MAOP: SYSTEM MOP: HP SERVICEDISTRIBUTIONFEEDERTRANS. BY DEFTRANS > 20%CONTACT ARIZONA 811 AT LEASTTWO FULL WORKING DAYSBEFORE YOU BEGIN EXCAVATIONCALL 811 OR CLICK ARIZONA811.COMWR NO.SYSTEM MAOP: SYSTEM MOP: Southwest Gas Corporation Confidential and Proprietary InformationFor Reference Only - Not Valid for Line Locating Purposes. Norepresentation or warranty is made for the adequacy, accuracy orcompleteness of the information or depictions shown. This informationis protected from further disclosure under the federal Freedom ofInformation Act and the Protected Critical InfrastructureInformation Act of 2002, and Arizona Revised Statutes § 41-4272.This document may not be copied, distributed, or shared to any otherperson or entity in any manner or form without prior written consent ofSouthwest Gas Corporation.JESUS MONTES520-247-9409WILL FIELDER602-395-4067 24N.T.S4/1/2020JMM 360046060 4001453T11S R11E S27401XXXXNB: MARANA UNIFIED SCHOOL DISTRICT CNGSTATIONJMMRDDPROPOSED BLOCK WALL RENDERING
RN.T.S.PHONE:PHONE:DATEAPPVD. BYPROJECT CONTACTSHEET NO.DWN. BYACCOUNT REP.SCALECHKD. BYBYDESCRIPTIONREVISIONSDATENO.APPVD.OFPHONE:ENGINEER/TECHNICIANRISOLATION AREAATLAS OR TILELOCATIONJOB TYPERELATED WR NO.SPERMIT INFORMATIONSYSTEM MAOP: SYSTEM MOP: HP SERVICEDISTRIBUTIONFEEDERTRANS. BY DEFTRANS > 20%CONTACT ARIZONA 811 AT LEASTTWO FULL WORKING DAYSBEFORE YOU BEGIN EXCAVATIONCALL 811 OR CLICK ARIZONA811.COMWR NO.SYSTEM MAOP: SYSTEM MOP: Southwest Gas Corporation Confidential and Proprietary InformationFor Reference Only - Not Valid for Line Locating Purposes. Norepresentation or warranty is made for the adequacy, accuracy orcompleteness of the information or depictions shown. This informationis protected from further disclosure under the federal Freedom ofInformation Act and the Protected Critical InfrastructureInformation Act of 2002, and Arizona Revised Statutes § 41-4272.This document may not be copied, distributed, or shared to any otherperson or entity in any manner or form without prior written consent ofSouthwest Gas Corporation.JESUS MONTES520-247-9409WILL FIELDER602-395-4067 34N.T.S4/1/2020JMM 360046060 4001453T11S R11E S27401XXXXNB: MARANA UNIFIED SCHOOL DISTRICT CNGSTATIONJMMRDD116'4'12'41'75'29'29'83'116'3A33B3
PHONE:PHONE:DATEAPPVD. BYPROJECT CONTACTSHEET NO.DWN. BYACCOUNT REP.SCALECHKD. BYBYDESCRIPTIONREVISIONSDATENO.APPVD.OFPHONE:ENGINEER/TECHNICIANRISOLATION AREAATLAS OR TILELOCATIONJOB TYPERELATED WR NO.SPERMIT INFORMATIONSYSTEM MAOP: SYSTEM MOP: HP SERVICEDISTRIBUTIONFEEDERTRANS. BY DEFTRANS > 20%CONTACT ARIZONA 811 AT LEASTTWO FULL WORKING DAYSBEFORE YOU BEGIN EXCAVATIONCALL 811 OR CLICK ARIZONA811.COMWR NO.SYSTEM MAOP: SYSTEM MOP: Southwest Gas Corporation Confidential and Proprietary InformationFor Reference Only - Not Valid for Line Locating Purposes. Norepresentation or warranty is made for the adequacy, accuracy orcompleteness of the information or depictions shown. This informationis protected from further disclosure under the federal Freedom ofInformation Act and the Protected Critical InfrastructureInformation Act of 2002, and Arizona Revised Statutes § 41-4272.This document may not be copied, distributed, or shared to any otherperson or entity in any manner or form without prior written consent ofSouthwest Gas Corporation.JESUS MONTES520-247-9409WILL FIELDER602-395-4067 44N.T.S4/1/2020JMM 360046060 4001453T11S R11E S27401XXXXNB: MARANA UNIFIED SCHOOL DISTRICT CNGSTATIONJMMRDDT.O. WALL1'-6"OUTSIDE FACEOUTSIDE FACEPROPERTY LINE2" CONC CAP(TYP)#4 @ 24" OC VERT.(1) #5 BARTOP COURSE"DUR-O-WALL" INMORTAR JOINT @ 16" OC8" TAN SPLIT-FACE BLOCK WALL(ROUGH FINISH ON OUTSIDE FACE)#4 @ 24" OC VERT.REPAIR GRADEAS REQUIRED1'-6"2" CONC CAP(TYP)#4 @ 24" OC VERT.(1) #5 BARTOP COURSE"DUR-O-WALL" INMORTAR JOINT @ 16" OC8" TAN SPLIT-FACE BLOCK WALL(ROUGH FINISH ON OUTSIDE FACE)#4 @ 24" OC VERT.REPAIR GRADEAS REQUIRED6'-0"1'-0"8"±2" CLR#4 @ 12" OC EA. WAY T&B2'-0"0"6'-0"1'-0"
8"±
2" CLR#4 @ 12" OC EA. WAY T&B3'-3"0"2'-0" LAPSPLICE MIN2'-0" LAPSPLICE MIN T.O. WALL3" CLR3" CLR3" CLR3" CLR3/16"CONTROL JOINTCL"T" TYPE WALLANDFOUNDATIONSECTIONN.T.S.A4"L" TYPE WALLANDFOUNDATIONSECTIONN.T.S.B4TYP.CONTROL JOINTEVERY 30'-0" MAXD4TYP.GATE/DOORFRAMEN.T.S.C4BLOCK WALL INSTALLATION DETAILS2" x 2" x 1/4"SQ. TUBE STEELL2" x 2" x 1/4"STEEL ANGLESTEEL SHEETINGFOAM BACKER ROD(TYP. EA FACE)SIKAPLEX-1A ORAPPROVED EQUAL(TYP. EA FACE)3/8"11'-8" ℄ POST12'-0" OPENING1/2" STEEL ROD LOCKINGSYSTEM OR APPROVEDEQUALSTEEL SHEETINGSEE NOTE 4ON SHEET 15" x 5" WELD ONBUTT HINGES(TYP.)STEEL SHEETINGSEE NOTE 4ON SHEET 15'-6" x 6'-0" GATE FRAMESEE SECTION ____ON SHEET _____5'-6" x 6'-0" GATE FRAMESEE SECTION ____ON SHEET _____12' TRUCK GATEN.T.S.3A34' MAN GATEN.T.S.3B31/2" STEEL ROD LOCKINGSYSTEM OR APPROVEDEQUAL3'-2" x 6'-0" GATE FRAMESEE SECTION ____ON SHEET _____5" x 5" WELD ONBUTT HINGES(TYP.)STEEL SHEETINGSEE NOTE 4ON SHEET 13'-8" ℄ POST4'-0" OPENING
1
Cherry Lawson
From:Brad D'Emidio <bdemidio168@gmail.com>
Sent:Tuesday, December 1, 2020 3:03 PM
To:Ed Honea
Cc:Jackie Holland Craig; Cherry Lawson
Subject:Re: Resolution No. 2020-129:
PLEASE BE CAUTIOUS
THIS MESSAGE AND SENDER COME FROM OUTSIDE THE TOWN OF MARANA. IF YOU DID NOT EXPECT THIS
MESSAGE, PROCEED WITH CAUTION. VERIFY THE SENDER'S IDENTITY BEFORE PERFORMING ANY ACTION,
SUCH AS CLICKING ON A LINK OR OPENING AN ATTACHMENT.
Mr. Mayor,
I noticed in tonight’s council meeting agenda: Resolution No. 2020-129: Relating to Development;
approving a Preliminary Plat for Tortolita Ridge Lots 1-32 that an anticipated emergency access easement
was found NOT to be available.
Access and Traffic Circulation
The internal streets are public and will be maintained by the Town. Access will be provided from
Tortolita Road, a two-lane minor local road that borders the easternmost property boundary.
Condition No. 22 of the rezoning ordinance required developer construction of a 20-foot-wide
emergency access drive with a stabilized surface capable of supporting fire apparatus. At the time of
the rezoning request, it was anticipated that the emergency access drive would be provided from the
proposed northerly cul-de-sac to Tortolita Road to the east, across the adjacent properties utilizing
two 15' wide existing access easements. During the course of this plat review process, it was
determined by Town staff and the applicant, that the aforementioned existing access easements do
not provide access rights for use by this project to Tortolita Road.
I did not see where an alternative solution was proposed. I also noted a suggested motion to approve
this resolution.
2
Suggested Motion: I move to adopt Resolution No. 2020-129 approving a preliminary plat for
Tortolita Ridge, Lots 1-32 and Common Areas “A” through “C” located approximately .75 miles north
of Moore Road on the west side of Tortolita Road.
Shouldn’t a solution or at least a condition to seek and find a solution be part of any approval motion?
Emergency access is a key concern of our community. It appears that this concern is being set aside
because the access rights are not available.
I am unable to attend tonight’s meeting. I request that if this is indeed the case you would pursue a
solution with Baker and Associates, representing DR Horton Inc .
If I am mistaken, please let me know.
Thank you for your time and consideration,
Brad D’Emidio
5547 W panther Butte St
Marana, AZ 85658
206-351-9704
12090 N Thornydale Road
Suite 110, #328
Marana, AZ 85658
info@tortolitaalliance.com
www.tortolitaalliance.com
December 1, 2020
Mayor Ed Honea
Town of Marana
11555 W Civic Center Drive
Marana, AZ 85653
Subject: Town Council Meeting-12/1/20-Item A1-Ordinance 2020-020 Town Code Title
14 and Item A2-Mandarina Development Agreement
Dear Mayor Honea:
The Tortolita Alliance (TA) is local non-profit organization that advocates for the
continued conservancy of the Tortolita Preserve and associated lands, ensuring
protection of open space, wildlife habitat, watershed, and compatible recreational
use.
TA has reviewed Item A1-Ordinance 2020-020 Town Code Title 14 and Item A2-
Mandarina Development Agreement and offer the following comments:
Item A1-Ordinance 2020-020 Town Code Title 14
1. TA supports the addition of drainage facilities as protected facilities and the
proposed changes to Town Code Title 14.
2. TA suggests that Town Code Section 14-4-3 (Capacity requirements) be
renamed to “Capacity requirements, protected facilities and refunds for
facilities funded and installed by applicant”. This will highlight the term
“protected facilities” and distinguish this preferred method from Section 14-4-
4 (Refund of cost of facilities funded and installed by town).
Item A2- Mandarina Development Agreement
1. TA supports the use of protected facilities designations and associated
refunds for potable water, sewer and drainage facilities in combination with
impact fees and associated credits. This eliminates the need for any upfront
funding by Marana and should be the standard for all development
agreements.
2. TA is disappointed that 75% of the construction sales tax will be used to
reimburse the developer for the oversized drainage facilities. This
reimbursement should come solely from protected facilities refunds. The
construction sales tax should be used for its original intent, especially in these
times.
Page 2
Marana Town Council Meeting 12/1/20
Item A1 & A2 Comments
Please extend our sincere thanks to Jane Fairall (Town Attorney) for promptly and
succinctly answering our pre-meeting questions.
Thank you for your consideration.
Sincerely,
Mark L. Johnson
President
ec: Cherry Lawson (Marana)
Terry Rozema (Interim Town Manager)
Jason Angell (Marana Development Services)
Jane Fairall (Town Attorney)
30 NOV2020 NO1 7
RECEIVE
11/24/20
2020
Cherry L. Lawson Town of'water .
Town Clerk CPr ` y1
Marana Municipal Complex
11555 W. Civic Center Drive
Marana, AZ 85653
Re: SLUC Request Notification for 5880 W. Cortaro Farms Rd.
File#: SLU2010-001
Ms. Lawson,
Mywife and I live at 5439 W. Kara Nicole Ct. and are writingin response to the SLUC application
co e p pp
for the property located at 5880 W. Cortaro Farms Rd.
First, I'd like to make the point that Sheryl Gonnsen is currently operating this business illegally
without the proper zoning and without a business license.
We object to the SLUC based mainly on the fact that the access to this property is not suitable
for the increased amount of traffic, and is definitely not suitable for heavy commercial traffic.
The access road that she and her customers are using is an easement across our property that
she does not have a legal right to use for commercial use. This road is not designed for this
type of use and we are concerned about the safety of others and about our liability.
I am very surprised that the Town of Marana is allowing this business to operate illegally
without proper zoning, no business license, and no legal commercial access. This is definitely a
public safety concern, and I believe someone could be seriously injured on this road.
Please deny this application until there is a suitable and safe access to this property.
Thank you,
rt
•
qiiLevi & Inga Brchan
5439 W. Kara Nicole Ct
^= __-. -_��°�^~-�~~-~_� ^~�___~ �____�----_ ---_^�~ -����+
30 NOV 2020
RECERyE[2;
NOV � 0 2070
Nuvennber35. 2O2O -
Town of rviararm
Clerk'smmet,
Dear Ms. Lawson,
I am writing to express my concern about the proposed change of land use at 5880 W Cortaro
Farms Rd., Parcel 221-06-006B. I am a homeowner within 1.5 miles of the property and I am
worried about the increase in flies and mosquitoes and also the odors that would come from the
property with more animals to accommodate a riding school and stables. I have been a Marana
resident since this area was annexed. I grew up on the northwest side of Tucson and I have no
plans to move. I think there are other areas, possibly north of Tangerine, that would be better
suited for this business. Please share my concerns with the town council. I hope there is an
opportunity to further explore the implications of any changes. Thank you very much for your
time.
Sincerely,
Arlene Kelly
520.418.3340
arikeUy30@gnnmiiconn
Resident of Hartman Vistas
RECEIVED
ZO2� 30 NOV 2020 .2
Town of Marana
11/18/2020 Clerk's Office
Significant Land Use Change Protest(Case#SLU2010-001)
This letter is in reference to the significant land use change notice received in the mail at 5489
W Kara Nicole Ct Tucson AZ 85742. As a property owner withinY2 mile of the property under land use
change consideration, I highly protest the land use change without some additional planning and
considerations.
There are several concerns that must be addressed before the land use change is approved. If
these conditions cannot be remedied the land use change should not be approved,
Property access;
It is my understanding within the towns planning and zoning rules that any business must have
motor vehicle access from a public street. The property in question does not have a public street going
to it. Both streets as described below and in the notice are partially if not entirely private easements,
not streets. Even if my understanding is not correct, I do know that this land use change will change the
nature of the activity on the land in such a way that it will exceed the structural integrity of the current
ingress/egress easements listed below.
1. The easement Camino Horizonte mentioned within the plan is not meant for commercial
business use and is for residential use only. It has been accessed this way since I moved into my
residence in 2009. Signs have been posted on this easement for years stating for residential use
only. The road crosses several private property owners land not making it suitable for business
traffic of any level.
2. Joplin road is posted that access can be revoked at any time as it is also an easement. Public
record shows that when TEP builds a second transmission line Joplin Road access will be closed.
This concern can be addressed by the town of Marana assuming easements and building a proper
paved road that will be maintained by the town. This would provide the property a public access via
motor vehicle as this does not exist today.
Nuisance:
Nuisance defined in town code is annoying, unpleasant, or obnoxious and out of character with the
neighboring area.
1. Camino Horizonte runs right behind several homes(including mine). Doing traffic monitoring
with a camera there are 50-70 ingress/egress vehicles passing by every day. Sitting in my
backyard it is a nuisance to my kids,family, and visitors to see so many vehicles passing by each
day on an easement that is not meant for that level of traffic.
5. Dust is a concern given she plans to do riding lessons in arena's and will also have nonprofit
organizations using the facilities.
This concern can be addressed by addressing not only the road situation, but also placing limits on
size and scope of business,to include limiting operating hours, capacity of facilities,and number of large
livestock that can be kept at any one time. While the property owner estimated the size of the
operation and its operating hours, I do not know of a business that does not want to grow. In addition,
the property owner only specifies the number of volunteers and employees. She does not include traffic
from riding lesson participants or people visiting their horses that are boarded.
Health and Safety:
There are several health and safety issues that need to be addressed.
1. Many people have allergies including my family. My youngest daughter has significant allergies
that require several medical visits a year. The dust on Camino Horizonte as well as the dust
from the stable's/arena's create issues for the health and well being of those around the
property.
2. Property values can be damaged if size and scope of business is not taken into consideration.
Most homes within the vicinity are single family residential homes that would be harmed if the
nuisances mentioned above are not remediated.
3. Enforcement of safety and law lacks today on the current easements and will continue to lack as
there is not public access to the property. If a crime occurred or someone were to become hurt
on the private owned portions of the easement it can put the town as well as the property
owners in a precarious situation.
This concern can be addressed by coming up with solutions to mitigate the dust and other nuisances
while also enforcing the laws of the current easements.
I hope the planning and zoning team understands that I as well as the neighbors I have spoken to do
not want to stop someone from opening a business or succeeding with something they have a passion
for. My daughters both go to horse camp every summer in Vail. My hope is that the planning and
zoning team puts together a comprehensive report of what gaps exist today,works with all residences
within the vicinity to come to a solution,and that ultimately the property owner can have a successful
business. But at this time until all concerns can be remediated we cannot in good conscious support the
significant land use change.
Sincerely,
Inram ,and Anaala Thmmncnn
RECEIVE‘,
ft
NOV 3 a020 30 NM 2020 NC,1:2 7
Cherry L. Lawson
Town Clerk Town of kitaran
aeries Office
Marana Municipal Complex
This letter is in response to the application received from Marana Planning Division about the
request for Significant Land Use Change from the property located at 5880 W Cortaro Farms Rd
in Marana AZ.
We as neighbors directly affected by the requested plans,we express our absolute
opposition to the SLUC request.
- The applicant has constantly misused this property and without having properly
consulted the authorities
- There were attempts to talk with some neighbors who expressed certain
concerns and we pretended that they were negotiated, however the solicitant
did not show any interest or concern in this, with arrogant and arbitrary attitude
has been continue running a business on that property causing a terrible
deterioration in the road Camino Horizonte with the constant traffic.
- Heavy Trucks and trailers with horses have been traveling in the road that is not
designed for that use.
- Water lines that supply my property are along Camino Horizonte, reaching the
main meter on Hartman Street. it is my responsibility to take care and maintain
those lines from the meter to my house and the heavy traffic will inevitably cause
damage. however, and having already expressed that to the applicant, it has not
mattered to her.
- The traffic has been causing deterioration and dust affecting the houses along Camino
Horizonte.
- Sheryl Gonssen has refused to agree any type of negotiation or take any kind of
responsibility in the consequences that its operations are causing and will cause,which
by far exceed residential use.
- This area is in the process of rezoning and based on the configuration and design
of the accesses and road structure, as well as the more than clear and evident
tendency to residential use, I understand that Marana should not allow such a
business that causes extreme disturbances especially if the person who handles it
has no empathy towards the families that it affects with their actions.
- Besides all this Mrs. Gonnsen has started to run that business without any permission
and responsibility.
- I really hope that Town of Marana will do its best to prevent laws being violated in that
way and do not allow Mrs Gonssen continue destroying and affecting or neighborhood.
/1/
t.otiermo Tavares/fenitz. errano
9051 N. Hartman Lane
Tucson Az. 85742