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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 02/16/2021MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 16, 2021, 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 February 16, 2021, 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 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 Regular Council Meeting 02/16/2021 Page 1 of 324 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, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda.Regular Council Meeting 02/16/2021 Page 2 of 324 future agenda.   PROCLAMATIONS   PR1 Proclamation honoring Daniel (Dan) E. Rowan, Marana Police Officer (Reuben Nunez)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Budget; presentation of second quarter results (July-December) for the Town's General Fund and other selected major funds for the 2020-2021 fiscal year (Yiannis Kalaitzidis)   P2 Relating to Finance; presentation of the Town's Fiscal Year 20-21 Second Quarter Investment Report; discussion regarding compliance with the Town's Investment Policy; and an update on the current investment environment and impact of the pandemic on the Town's Investment Market (Yiannis Kalaitzidis)   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. 2021-016: Relating to Development; approving a Preliminary Plat for Gladden Farms Blocks 31 & 33 Lots 1-235, Common Areas A-1 - A-11 (Landscape, Utilities, Drainage and Grading), B-1 - B-5 (Recreation, Landscape, Utilities, Drainage and Grading) located south of the intersection of Moore Road and Mike Etter Boulevard (Justin Currie)   C2 Resolution No. 2021-017: Relating to Development; approving a Preliminary Plat for Gladden Farms Block 37 Lots 1-275, Common Areas A-1 - A-14 (Landscape, Utilities, Drainage and Grading), B-1 - B-7 (Recreation, Landscape, Utilities, Drainage and Grading) located east of the intersection of Midfield Road and Mike Etter Boulevard (Justin Currie)   C3 Resolution No. 2021-018: Relating to Development; approving a Release of Regular Council Meeting 02/16/2021 Page 3 of 324 C3 Resolution No. 2021-018: Relating to Development; approving a Release of Assurances for a portion of Lazy K Bar Ranch and accepting public improvements for maintenance (Keith Brann)   C4 Resolution No. 2021-019: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 38th El Tour de Tucson 28-Mile Event (Jim Conroy)   C5 Resolution No. 2021-020: Relating to Police Department; approving and authorizing the Town Manager to execute Subrecipient Agreements No. 20-AZDOHS-OPSG-200420-01 and No. 20-AZDOHS-OPSG-200420-02 with the Arizona Department of Homeland Security for purposes of receiving funds under the FFY20 Operation Stonegarden Grant Program (Kristin Taft)   C6 Resolution No. 2021-021: Relating to Utilities; approving and authorizing the Mayor to execute the Settlement Agreement regarding Public Water Infrastructure Participation and Water Service Agreement with Marana Technology Campus, L.L.C. and Northwest Storage, L.L.C. (Jane Fairall)   C7 Resolution No. 2021-022: Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute  an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2020-2021 Community Development Block Grant Program (Lisa Shafer)   C8 Resolution No. 2021-023: Relating to Emergency Management; approving and authorizing the Finance Director to execute the Disaster Assistance Agreement for Federally Declared Disasters with the Department of Emergency and Military Affairs, Division of Emergency Management, State of Arizona, for funding related to COVID-19 expenses (Kristin Taft)   C9 Approval of the Council Study Session Meeting Summary Minutes of February 9, 2021, and the Council Regular Meeting Summary Minutes of February 2, 2021 (Cherry L. Lawson)   LIQUOR LICENSES   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No. 2021.001; Relating to Development; Regular Council Meeting 02/16/2021 Page 4 of 324 A1 PUBLIC HEARING: Ordinance No. 2021.001; Relating to Development; approving a rezoning of approximately 40 acres of land located east of Interstate 10, south of Tangerine Road, and west of Breakers Road from Zone C - Large Lot Zone to Heavy Industry (HI) (Brian D. Varney)   A2 PUBLIC HEARING: Ordinance No. 2021.002: Relating to Development; approving a rezoning of approximately 1.84 acres of land located at 4535 W. Ina Road, south of Ina Road and approximately 0.10 Miles east of Interstate 10, from R-36 (single-family residential) to Village Commercial (VC) (Anita McNamara)   A3 PUBLIC HEARING: Ordinance No. 2021.003: Relating to Development; amending the Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement); revising provisions related to the issuance of conditional use permits, including findings for approval; rewriting provisions regarding the issuance of temporary use permits; adding provisions related to the classification and enforcement of violations of Title 17; modifying various other provisions; and designating an effective date (David L. Udall) Resolution No. 2021-024: Relating to Development; declaring as a public record filed with the Town Clerk amendments to the Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement); revising provisions related to the issuance of conditional use permits, including findings for approval; rewriting provisions regarding the issuance of temporary use permits; adding provisions related to the classification and enforcement of violations of Title 17; modifying various other provisions; and designating an effective date (David L. Udall)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Budget; discussion, direction and possible action regarding development of the fiscal year 2021/2022 budget, including proposed budget initiatives and expenditures (Terry Rozema)      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   Regular Council Meeting 02/16/2021 Page 5 of 324 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 purchase of real property located on the south side of Silverbell Road between its two Continental Reserve Loop intersections and consisting of the Picture Rocks Wash drainageway, Pima County Assessor’s Parcel No. 221-21-004E, for flood control purposes.      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     Regular Council Meeting 02/16/2021 Page 6 of 324      Council-Regular Meeting   PR1        Meeting Date:02/16/2021   Submitted For:Reuben Nunez, Police Chief From:Cherry L. Lawson, Town Clerk Date:February 16, 2021 Subject:Proclamation honoring Daniel (Dan) E. Rowan, Marana Police Officer (Reuben Nunez) Attachments Proclamation Regular Council Meeting 02/16/2021 Page 7 of 324 MARANA AZ ESTABLISHED 1977 PROCLAMATION Honoring Daniel (Dan) E. Rowan Marana Police Officer WHEREAS, Daniel Eugene Rowan, better known as `Dan,' joined the Marana Police Department on September 26, 2005 as a Police Officer after spending 21 years as a New York Fire Fighter. He was an active member of the NYFD during the terrorist attack on the World Trade Center on September 11 , 2001 ; and WHEREAS, after spending a total of 37 years in public service (16 years in Marana and 21 years in New York City), Dan is retiring as a Marana Police Officer on February 26, 2021 ; and WHEREAS, during his tenure with the Marana Police Department, Dan has twice been the recipient of the Department's Officer of the Year award, along with the Lifesaving Award and a never-ending influx of accolades from the community; and WHEREAS, Dan's coworkers and colleagues will undoubtedly miss him, along with his fun and infectious nature, when he departs from MPD on February 26, 2021 and rides into retirement with his wife, Georgine and his two daughters, Caitlin and Chelsea. NOW, THEREFORE be it resolved, the Mayor and Council of the Town of Marana commend and thank Daniel (Dan) Eugene Rowan for his lifetime of public service and his dedication to the Marana community, and urge its citizens to join them in congratulating him on his retirement. Dated this 16th day of February 2021 . ATTEST* 6 1L, 41411, Cherry Liwson, Town Clerk 41\ Ed Honea, Mayor Regular Council Meeting 02/16/2021 Page 8 of 324      Council-Regular Meeting   P1        Meeting Date:02/16/2021   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Relating to Budget; presentation of second quarter results (July-December) for the Town's General Fund and other selected major funds for the 2020-2021 fiscal year (Yiannis Kalaitzidis) Discussion: The purpose of this item is to present a summary of the Town's second quarter financial results (July-December) for the Town's General Fund and other selected major funds for fiscal year 2020-2021. It is important to note that these results are preliminary, unaudited and subject to change based upon adjusting entries, as necessary.  The attached provides a high-level revenue and expenditure summary at the end of the current quarter. Revenue Overall, revenues are within or above expectations for all funds at this time of the year except for the Bed Tax Fund. Revenues for the General Fund are better than expected due to consistently better than anticipated sales taxes in most categories except for hotels & lodging, but also due to better than expected residential permits activity and a large dividend distribution from the Town's risk pool. HURF fund revenues are just above expectations due to strong activity related to vehicle related tax categories Bed Tax fund revenues is below expectations due to the impact of the pandemic to the hospitality industry, when adjusted for collections related to returns for the months of April through June. Transportation fund revenues are above expectations due to stronger than anticipated residential and commercial construction activity spurred by low interest rates. Regular Council Meeting 02/16/2021 Page 9 of 324 Charges for services revenues in the enterprise funds are within expectations for this time of year as utilities benefit from the strong housing growth and the airport continues to see a benefit from Commercial Aircraft parking fees.  Additional detail on these variances is included within the visualization slides attached to this item. Expenditures Expenditures in all funds are at or below expectations.  This is primarily due to the timing of one-time projects and programs which are expected to occur in future quarters.  The Water and Water reclamation funds are within expectations when excluding debt service payments that happen during the first quarter of the fiscal year. Expenses for the Bed Tax Fund are as expected through the second quarter of the fiscal year, accounting for the annual payment of the State Land lease that occurs in October. The quarterly update will be available on the Town's website following tonight's meeting.  The public may interact with the Power BI tool by drilling down into the data.  The tool can be found on the following page: http://www.maranaaz.gov/financial-documents Staff Recommendation: Presentation of second quarter results only. Suggested Motion: Presentation of second quarter results only. Attachments FY2020-2021 Second Quarter Financial Update Regular Council Meeting 02/16/2021 Page 10 of 324 Financial Brief: Second Quarter Fiscal Year 2020 – 2021 Prepared by: Finance Department Regular Council Meeting 02/16/2021 Page 11 of 324 Contents Summary 1 General Fund Revenues 2 General Fund Expenses 3 HURF Revenues 4 HURF Expenses 5 Transportation Fund Revenues 6 Transportation Fund Expenses 7 Bed Tax Fund Revenues 8 Bed Tax Fund Expenses 9 Water Revenues 10 Water Expenses 11 Water Reclamation Revenues 12 Water Reclamation Expenses 13 Airport Revenues 14 Airport Expenses 15 Regular Council Meeting 02/16/2021 Page 12 of 324 1 Regular Council Meeting 02/16/2021 Page 13 of 324 2 Regular Council Meeting 02/16/2021 Page 14 of 324 3 Regular Council Meeting 02/16/2021 Page 15 of 324 4 Regular Council Meeting 02/16/2021 Page 16 of 324 5 Regular Council Meeting 02/16/2021 Page 17 of 324 6 Regular Council Meeting 02/16/2021 Page 18 of 324 7 Regular Council Meeting 02/16/2021 Page 19 of 324 8 Regular Council Meeting 02/16/2021 Page 20 of 324 9 Regular Council Meeting 02/16/2021 Page 21 of 324 10 Regular Council Meeting 02/16/2021 Page 22 of 324 11 Regular Council Meeting 02/16/2021 Page 23 of 324 12 Regular Council Meeting 02/16/2021 Page 24 of 324 13 Regular Council Meeting 02/16/2021 Page 25 of 324 14 Regular Council Meeting 02/16/2021 Page 26 of 324 15 Regular Council Meeting 02/16/2021 Page 27 of 324 Council-Regular Meeting P2 Meeting Date:02/16/2021 To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info: N/A Subject:Relating to Finance; presentation of the Town's Fiscal Year 20-21 Second Quarter Investment Report; discussion regarding compliance with the Town's Investment Policy; and an update on the current investment environment and impact of the pandemic on the Town's Investment Market (Yiannis Kalaitzidis) Discussion: The Town’s investment policy, as revised and approved by Council in October 2019, defines the parameters within which funds are to be managed and the methods, procedures and practices used to create the framework for the Town’s investment activities to ensure the effective and judicious fiscal and investment management of the Town’s funds. The policy’s primary objectives of investment activities are safety, liquidity and yield, with investments managed with prudence and care, in an ethical manner, by the Finance Director under the direction of the Town Manager in accordance with the Town’s policy and Arizona Revised Statutes. The policy also provides for the regular reporting of the Town’s investment portfolio and return on a quarterly and annual basis.  Town staff coordinated with the Town’s investment adviser, PFM, to present a short, easy to read report, that provides a summary of the Town’s investment portfolio, including the portfolio’s compliance of the investment program with the Town’s policy. In addition, PFM will present a brief summary of the overall investment landscape over Regular Council Meeting 02/16/2021 Page 28 of 324 the last several months and share their outlook for investment opportunities in the foreseeable future. Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Attachments Marana 4Q20 Council Report Marana Market Update Regular Council Meeting 02/16/2021 Page 29 of 324 © PFM 0© PFM 0© PFM 0 Town of Marana Investment Portfolio SummaryQuarter Ending December 31, 2020 PFM Asset Management LLC 1820 East Ray Road Chandler, AZ 85225 855-885-9621 pfm.com Luke Schneider, CFA, Director Annette Gaston, Senior Managing Consultant Regular Council Meeting 02/16/2021 Page 30 of 324 © PFM 1© PFM 1© PFM 1 AA+ 57% AAAm 43% Credit Quality (S&P Ratings) Executive Summary1,2 Account Summary Beginning Values of 9/30/20 Ending Values as of 12/31/20 Market Value $42,068,891 $43,262,962 Book Value $41,666,300 $42,940,296 Unrealized Gain/(Loss)$402,592 $322,666 Weighted Average YTM at Market 0.15%0.13% Weighted Average YTM at Cost 1.11%0.91% Maturity Distribution Town of Marana as of 12/31/20 1.Market Value and Book Value include $18,574,866 invested with the State Local Government Investment Pools 5 & 7 as of 12/31/2020. 2.Weighted average maturity includes LGIP balances and uses book values for weighting. Accrued interest and cash balances are excl uded. 54.9% 4.8% 19.0%21.3% 0.0% 0.0% 1 0. 0% 2 0. 0% 3 0. 0% 4 0. 0% 5 0. 0% 6 0. 0% 7 0. 0% 8 0. 0% 9 0. 0% 100.0% $0 $5 $10 $15 $20 $25 $30 MillionsWeighted Average Maturity: 328 days U.S. Treasury 11% Federal Agency 46% LGIP 43% Sector Distribution Regular Council Meeting 02/16/2021 Page 31 of 324 © PFM 2© PFM 2© PFM 2 Security Type and Issuer Compliance1,2,3 Security Type Book Value % of Portfolio Permitted by Policy Compliance U.S. Treasury $4,636,821 10.8%100.0% Federal Agency $19,728,609 45.9%100.0% AZ LGIP $18,574,866 43.3%100.0% Total Book Value $42,940,296 100.0% Maturity Book Value % of Portfolio Permitted by Policy Compliance 0-6 Months $23,591,708 54.94%No Limit  6-12 Months $2,061,315 4.80%No Limit  1-2 Years $8,142,927 18.96%No Limit  2-3 Years $9,144,346 21.30%No Limit  Over 3 Years $0 0.0%0% Total Book Value $42,940,296 100.0% Accrual Basis Earnings 10/1/20 through 12/31/20 Estimated Earnings $100,967.33 Total Estimated Earnings $100,967.33 1.Investment policy dated February 2020. 2.Maturity distribution does not include accrued interest. 3.Accrual basis earnings does not include LGIP balances. Issuer Book Value % of Portfolio Permitted by Policy Compliance FNMA $9,212,150 21.45%100% FHLB $4,797,250 11.17%100% FHLMC $5,719,209 13.32%100% U.S. Treasury $4,636,821 10.80%100% AZ LGIP $18,574,866 43.3%100% Total Book Value $42,940,296 100.0% Town of Marana as of 12/31/20 Regular Council Meeting 02/16/2021 Page 32 of 324 © PFM 3© PFM 3© PFM 3 Economic Update Current Market Themes U.S. economic conditions in Q4 were characterized by: •1) a resurgence in global coronavirus cases, causing the reintroduction of lockdown measures; •3) moderating labor market and consumer spending data; •2) expedited vaccine approval initiatives, but challenging logistics surrounding mass inoculation; and •4) a contentious U.S. presidential election . Congress passed a $900 billion economic relief package including: new household stimulus checks, expanded unemployment benefits, support for small businesses, resources for the vaccine effort; and additional aid to schools. After a strong V-shaped recovery earlier in the year, both consumer confidence and retail sales fell for the quarter. In Q4, surging COVID-19 cases caused the labor market recovery to slow, with the unemployment rate ending the year at 6.7%. Personal income was dragged down as government loan programs ended, and other social programs expired. Portfolio Strategy Portfolio Strategy in the Fourth Quarter: −Carefully considered the various headwinds caused by an uneven and decelerating recovery. −Yield spreads returned to near pre-pandemic levels in most sectors while new supply waned. As a result, Treasury allocations inched higher. −Strong demand for agency bonds pushed incremental yield spreads down to single digits. −Portfolios currently include larger allocations relative to prior years when spreads were consistently tight to similar-duration Treasuries. Town of Marana as of 12/31/20 Regular Council Meeting 02/16/2021 Page 33 of 324 © PFM 4© PFM 4© PFM 4 Source: Bloomberg, as of 12/31/2020. The U.S. Treasury yield curve steepened during the quarter. Short-term rates (on maturities less than five years) were essentially unchanged, anchored by the Fed’s zero interest rate policy, while yields on maturities beyond five years increased by 10 to 25 basis points (0.10% to 0.25%). The spread between the yield on 2-year and 10-year Treasuries reached a three- year high of 79 basis points (0.79%). As a result, short-and intermediate-term U.S. Treasury index returns were only slightly positive for the quarter, while longer-duration indices were notably negative. The 2-year Treasury decreased modestly by 1 basis points (0.01%) since September 30, 2020, to end the quarter at 0.12%. Treasury Yields Remain Near-Zero Rate Territory Town of Marana as of 12/31/20 0.00% 0.20% 0.40% 0.60% 0.80% 1.00% 1.20% 1.40% 1.60% 1.80% Dec-19 Mar-20 Jun-20 Sep-20 Dec-20 2-Year Treasury Yields 0.25% 1.57% 0.15% 0.12% 0.13% Regular Council Meeting 02/16/2021 Page 34 of 324 © PFM 5© PFM 5© PFM 5 Disclosures PFM is the marketing name for a group of affiliated companies providing a range of services. Investment advisory services areprovided by PFM Asset Management LLC which is registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940. Additional applicable regulatory information is available upon request. The views expressed within this material constitute the perspective and judgment of PFM Asset Management LLC at the time of distribution and are subject to change. Any forecast, projection, or prediction of the market, the economy, economic trends, andequity or fixed-income markets are based upon current opinion as of the date of issue, and are also subject to change. Opinions and data presented are not necessarily indicative of future events or expected performance. Information contained herein is base d on data obtained from recognized statistical services, issuer reports or communications, or other sources believed to be reliable. No representation is made as to its accuracy or completeness. This material is intended for informational purposes only and should not be relied upon to make an investment decision, as it was prepared without regard to any specific objectives or financial circumstances. It should not be construed as an offer to purchase/sell any investment. References to particular issuers are for illustrative purposes only, and are not intended to be recommendations or advice regarding such issuers. It is not possible to invest directly in an index. The index returns shown throughout this material do not represent the results of actual trading of investor assets. Third-party providers maintain the indices shown and calculate the index levels and performance shown or discussed. Index returns do not reflect payment of any sales charges or fees an investor would pay to purchase the securities they represent. The imposition of these fees and charges would cause investment performance to be lower than the performance shown. PFM Asset Management LLC has exercised reasonable professional care in the preparation of this performance report. However, information in this report on market indices and security characteristics, as well as information incorporated in the Market Commentary section, is received from sources external to PFM Asset Management LLC. PFM Asset Management LLC relies on the client's custodian for security holdings and market values. Transaction dates reported bythe custodian may differ from money manager statements. While efforts are made to ensure the data contained herein is accurate and complete, we disclaim all responsibility for any errors that may occur. For more information regarding PFM’s services or entities, please visit www.pfm.com. © 2020 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. Regular Council Meeting 02/16/2021 Page 35 of 324 Town of Marana Market Update PFM Asset Management LLC 1820 East Ray Road Chandler, AZ 85225 (855) 885-9621 pfm.com For the Quarter Ended December 31, 2020 Presented By: Luke Schneider, CFA, Director Annette Gaston, Senior Managing Consultant Regular Council Meeting 02/16/2021 Page 36 of 324 TOWN OF MARANA For the Quarter Ended December 31, 2020 Market Update Short Rates Were Steady, but the Yield Curve Steepened in Fourth Quarter PFM Asset Management LLC Source: Bloomberg as of 12/31/2020. 0.16% 0% 1% 2% 3% 4% 5% Dec-14 Dec-16 Dec-18 Dec-20 3-Year Treasury Yield 0.06% 0.36% 0.91% 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3 M 1 Y 2 Y 3 Y 4 Y 5 Y 10 Y Maturity U.S. Treasury Yield Curve December 31, 2019 September 30, 2020 December 31, 2020 Regular Council Meeting 02/16/2021 Page 37 of 324 TOWN OF MARANA For the Quarter Ended December 31, 2020 Market Update Credit Sector Continues Strong Outperformance in the Fourth Quarter PFM AssetManagement LLC Source: ICE BofAML Indices. Sector performance as of 12/31/2020. This is not specific to Town of Marana’s portfolio performance. 1-3 Year Indices 0.05% 0.13% 0.46% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1%U.S. TreasuryAgencyCorp A-AAAFourth Quarter 2020 3.10% 2.67% 3.98% 0% 1% 2% 3% 4% 5%U.S. TreasuryAgencyCorp A-AAAFull Year 2020 Regular Council Meeting 02/16/2021 Page 38 of 324 TOWN OF MARANA For the Quarter Ended December 31, 2020 Market Update Yield Environment as of December 31, 2020 PFM AssetManagement LLC Source: Bloomberg BVAL yield curves for Treasury, Agency, and Corporate. 3-month corporate yields from commercial paper; A-1+ for AA and A-1 for A. Yields are for indicative purposes only; actual yields may vary by issue. Note that PFM Asset Management LLC is not responsible for management of funds invested in external money market funds and LGIPs. *AZ LGIP Pool 5 & Pool & 7 Yields. Source: Office of the Arizona State Treasurer as of December 31, 2020. The yields for Pools 5 and 7 are included in the 3-month range because they can be accessed within one day. Maturity Treasury Federal Agency AA Corporate AZ LGIP Pool 5* AZ LGIP Pool 7* 3-Month 0.06%0.05%0.18%0.11%0.05% 1-Year 0.10%0.10%0.20%-- 2-Year 0.12%0.12%0.25%-- 3-Year 0.16%0.22%0.33%-- 5-Year 0.36%0.47%0.64%-- Regular Council Meeting 02/16/2021 Page 39 of 324 TOWN OF MARANA For the Quarter Ended December 31, 2020 Market Update FOMC Interest Rate Projections –December 2020 PFM AssetManagement LLC Source: Federal Reserve and Bloomberg. Individual dots represent each Fed members’ judgement of the midpoint of the appropriate target range for the federal funds rate at each year-end. Fed funds futures as of 12/16/20. 0% 1% 2% 3% 4% Fed Participants’ Assessments of “Appropriate” Monetary Policy Dec-20 FOMC Projections Dec-20 Median Fed Funds Futures 2020 2021 Longer Term20222023 Regular Council Meeting 02/16/2021 Page 40 of 324 Source: Federal Reserve, economic projections as of December 2020. -2.4% 4.2%3.2%2.4%1.8% -4% 0% 4% 8% 2020 2021 2022 2023 Longer Run Change in Real GDP 6.7% 5.0%4.2%3.7%4.1% 0% 2% 4% 6% 8% 2020 2021 2022 2023 Longer Run Unemployment Rate 1.2% 1.8%1.9%2.0%2.0% 0% 1% 2% 3% 2020 2021 2022 2023 Longer Run PCE Inflation 0.1%0.1%0.1%0.1% 2.5% 0% 1% 2% 3% 2020 2021 2022 2023 Longer Run Federal Funds Rate Fed’s Updated December Projections TOWN OF MARANA For the Quarter Ended December 31, 2020 Market Update PFM AssetManagement LLCRegular Council Meeting 02/16/2021 Page 41 of 324 © PFM Disclosures This material is based on information obtained from sources generally believed to be reliable and available to the public;however,PFM Asset Management LLC cannot guarantee its accuracy, completeness, or suitability.This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation.All statements as to what will or may happen under certain circumstances are based on assumptions,some but not all of which are noted in the presentation.Assumptions may or may not be proven correct as actual events occur, and results may depend onevents outside of your or our control .Changes in assumptions may have a material effect on results .Past performance does not necessarily reflect and is not a guaranty of future results .The information contained in this presentation is not an offer to purchase or sell any securities . Regular Council Meeting 02/16/2021 Page 42 of 324      Council-Regular Meeting   C1        Meeting Date:02/16/2021   To:Mayor and Council From:Justin Currie, Planner Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-016: Relating to Development; approving a Preliminary Plat for Gladden Farms Blocks 31 & 33 Lots 1-235, Common Areas A-1 - A-11 (Landscape, Utilities, Drainage and Grading), B-1 - B-5 (Recreation, Landscape, Utilities, Drainage and Grading) located south of the intersection of Moore Road and Mike Etter Boulevard (Justin Currie) Discussion: Request Rick Engineering, on behalf of Crown West Realty LLC, is requesting the approval of a preliminary plat consisting of 235 residential lots and common areas "A" and "B" on approximately 57.16 acres within the Gladden Farms II development. Location The subdivision will be located within Block 31 and 33 of the amended Gladden Farms Blocks 28, 31-34, 37, 38, 42 and 43 Final Block Plat (Sequence #20181100137) located south of the intersection of Moore Road and Mike Etter Boulevard Zoning The zoning for Block 31 & 33 is F (Specific Plan - Gladden Farms II) with a land use designation of Single Family Detached-6 (SFD-6).  The SFD-6 land use permits small-lot, single-family detached homes with a minimum lot size of 6,000 square feet.  The proposed plat average lot size is 6,430 square feet. The proposed plat minimum lot size is 6,000 square feet and the proposed maximum lot size is 9,995 square feet (Lot 26).  Transportation The main entry is proposed to be off Mike Etter Blvd., south of Moore Rd., at the western boundary of the subdivision.  Another entry is proposed off of Mike Etter Blvd.Regular Council Meeting 02/16/2021 Page 43 of 324 western boundary of the subdivision.  Another entry is proposed off of Mike Etter Blvd. along the southern boundary of the subdivision.  The typical internal street section is a 42 foot wide public right-of-way. Park Requirements Per the Gladden Farms II Specific Plan, 185 square feet of on-site recreation area per single-family detached residence is required.  The proposed subdivision is required to have a minimum of 43,475 square feet of recreation area.  The active recreation area is planned for Common Area "B-1" and totals approximately 142,219 square feet. Neighborhood Design Plan The Gladden Farms II Specific Plan, adopted by Town Council per Ordinance 2006.03 on March 7, 2006, will serve as the neighborhood design plan for the development of blocks 26 through 43 within the Gladden Farms II Specific Plan area. Planning Commission This preliminary plat was presented to the Planning Commission on January 27, 2021, and received a unanimous recommendation for approval 4-0 (Commissioners Fehrmann and Miller were absent). Staff Recommendation: Staff has reviewed the request against the requirements of the Gladden Farms II Specific Plan, the Marana Land Development Code, the Town Code, and the Marana General Plan.  This preliminary plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2021-016 approving a preliminary plat for Gladden Farms Blocks 31 & 33 Lots 1-235, Common Areas A-1 - A-11 (Landscape, Utilities, Drainage and Grading), B-1 - B-5 (Recreation, Landscape, Utilities, Drainage and Grading) located south of the intersection of Moore Road and Mike Etter Boulevard. Attachments Resolution No. 2021-016 PRV2009-003 GF 31/33 PP Location Map Landscape Concept Plan Application Regular Council Meeting 02/16/2021 Page 44 of 324 00074248.DOCX /1 Resolution No. 2021 -016 - 1 - MARANA RESOLUTION NO. 2021-016 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK S 31 & 33 LOTS 1-235, COMMON AREAS A-1 – A-11 (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING), B -1 – B-5 (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) LOCATED SOUTH OF THE INTERSECTION OF MOORE ROAD AND MIKE ETTER BOULEVARD . WHEREAS, on March 7, 2006, the Mayor and Town Council adopted Ordinance No. 2006.03, approving a rezoning to create the Gla dden Farms II Specific Plan; and WHEREAS, on December 19, 2006, the Mayor and Town Council adopted Ordinance No. 2006.35, approving the first amendment to the Gladden Farms II Specific Plan; and WHEREAS, on March 6, 2018, the Mayor and Town Council adopt ed Ordinance No. 2018.006, approving the second amendment to the Gladden Farms II Specific Plan; and WHEREAS, on April 17, 2018, the Mayor and Town Council adopted Resolution No. 2018-036, approving the amended final block plat for Gladden Farms Blocks 28, 31- 34, 37, 38, 42 and 43; and WHEREAS, Rick Engineering, on behalf of Crown West Realty, LLC, has applied for approval of a preliminary plat for a 235 -lot single -family residential home subdivision within Block 31 & 33 of the amended final block plat for Gladden Farms Blocks 28, 31-34, 37, 38, 42 and 43 located south of the intersection of Moore Road and Mike Etter Blvd .; and WHEREAS, the Marana Town Council, at the regularl y scheduled meeting on February 16, 2021, determined that the preliminary plat fo r Gladden Farms Blocks 31 & 33 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary plat for Gladden Farms Block s 31 & 33 Lots 1-235, Common Areas A-1 – A-11, B-1 – B-5 is hereby approved. Regular Council Meeting 02/16/2021 Page 45 of 324 00074248.DOCX /1 Resolution No. 2021 -016 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, thi s 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 46 of 324 2750 X 2751.1 SHEET 2 SHEET 4 SHEET 5 SHEET 6 SHEET 7 SHEET 8 0' CONTOUR INTERVAL = 1' SCALE: 1"= 200' 200'100'400'N MIDFIELD ROAD1 2 3 4 5 6 7 8 9 101112131415161718192021 90 91 92 939495969798 99 80 81 83848586878889 7 2 73 747576 78 79 10110210310410510610 71 08109 1 1011 111211311 4 1151161 171181191 2012112 2 123 1 37138139140141142143144145146147148149150151152153154155157156158159160161162163164165166167136 135 134 133 13216816917017119 419519619717219219319119018918818718618517517617417317717817929282726252423 45444342303132333437363839404135 52515049485354554746 717 069 68 6 7 6 6 6 5 1 8 0 1 8 1 1 8 2 1 8 3234233232231230229228227226 225224 223 222 221 220 219 2182162172152142132122112102092082071981992002012022032042062051301311291281 2 7 1 2 6 12 5 565758596061626364 22 100124184235CA "B-1""A-2" CA 1 2 3 4 5 6 7 15215115014914814714614514414314214114013913 8 13 7 15 3 15 4 15 5 15 6 15 7 15 8 15 9 16 0 16 1 2019181716141312111098765 473 "B-3" CA"B-2" CA "B-4" CA "B-4" CA "B-5" CA CA "B-4"CA "A-7"CA "A-8"CA "A-10" C A "A-9" CA "A-11" "A-3" CAN ELLIE AV3 SHEET "A-1" CA (PUBLIC STREET) STREET "B"(P UBLI C ST REE T) (PUBLIC STREET) (P UB LI C S T R E E T) )T E E R T S C ILBUP( (PUBLIC STREET) BASIS OF BEARING BASIS OF ELEVATION GENERAL NOTES SOUTH OF THE SOUTHEAST CORNER OF A WELL SITE. ELEVATION = 2011.61 (NAVD 88) CONCRETE BOX W/GRATE. 41'+/- NORTHWEST OF THE WEST QUARTER SECTION 35 AND 16'+/- PIMA COUNTY OPUS CONTROL POINT 11S11E_17. A "+" ON THE SOUTHEAST CORNER OF A S00°30'03"E. "PCHD3" AT THE SOUTHWEST CORNER OF SAID SECTION. SAID BEARING BEING ALUM CAP STAMPED "17436" AT THE WEST QUARTER AND A FOUND 1/2" REBAR TAGGED MERIDIAN, PIMA COUNTY, ARIZONA. SAID LINE MONUMENTED BY A FOUND 1 1/2" OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER THE BASIS OF BEARING FOR THIS PROJECT IS WEST LINE OF THE SOUTHWEST QUARTER FOR MISCELLANEOUS NOTES SEE SHEET 5 ADMINISTRATIVE ADDRESS GENERAL NOTES -CONTINUED FLOW ARROW 100'@ 1.00%PROPOSED SEWER MAIN, LENGTH AND SLOPE CURB ACCESS RAMPS SIGHT VISIBILITY TRIANGLE APPROX FINISH SURFACE FS 00.0 EXIST GRADE (0.00) ITEM SYMBOL SUBDIVISION BOUNDARY PROPERTY LINE LEGEND LANDSCAPE BUFFERYARD LIMITS CENTERLINE SECTION LINE EASEMENT BOUNDARY EXIST CONTOUR LINE EXIST SPOT ELEVATION EXIST PAVEMENT EDGE EXIST SEWER LINE W/MH EXIST WATERLINE W/VALVE EXIST UNDERGROUND LINE EXIST GAS LINE PROPOSED STORM DRAIN W/MH 1 IE 43.2 50.2RIM INVERT ELEVATION RIM ELEVATION PROPOSED SEWER MANHOLE DATA APPROX FINISH GRADE FG 00.0 PROPOSED SLOPE EXIST ROW LINE PROPOSED SEWER W/MH W S E G *DRIVEWAY ORIENTATION RIP-RAP DRYWELL EXIST BCSM OWNER/DEVELOPER SHEET INDEX PRELIMINARY PLAT SHEETS2-8 COVER SHEET1 1SEQ #20192910094BLOCK 30GLADDEN FARMS SEQ #20173130070BLOCK 26GLADDEN FARMS SEQ #20071020612 BLOCK 27 GLADDEN FARMS SEQ #20181100137 BLOCK 37 GLADDEN FARMS SEQ #20193310053 BLOCKS 36&40 GLADDEN FARMS (PUBLIC STREET)15WMIKEBLVDETTERCA "A-5" CA "A-4" CA "A-6" W MIKE ETTER BOULEVARD SEQ #20181100137 BLOCK 28 GLADDEN FARMS SEQ #20181100137 BLOCK 34 GLADDEN FARMS 2 125 126 127 128 129 130 131 132 133 134 136 135 8 7 4 11 109 175 563 2 1 "B-1" CA "B-9" CA 1 2 3 4 W RI HL DRI VEW RIHL DRIVEN HELLIG AV10552 WEST MIKE ETTER BOULEVARD S T R EET "C " ST REET " D" STREET "E"STREET "F"ST "G"STREET "B" MARANA SUBDIVISION STREET STANDARDS. 72" ABOVE FINISHED GRADE OF THE ROADWAY SURFACE, AND SHALL CONFORM TO THE TOWN OF INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30" AND OBJECTS AND MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACES SO AS NOT TO 18. TOTAL MILES OF NEW PUBLIC STREETS IS: 1.77 MILES17. AREAS. CONTROL, SAFETY AND LIABILITY OF PRIVATE DRAINAGEWAYS, DRAINAGE EASEMENTS, AND COMMON THE GLADDEN FARMS COMMUNITY ASSOCIATION WILL BE RESPONSIBLE FOR MAINTENANCE, 16. MARANA TOWN COUNCIL. DRAINAGE WILL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE 15. HARMLESS IN THE EVENT OF FLOODING. THE DEVELOPER WILL COVENANT TO HOLD TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNS, 14. ALL SIGNAGE TO BE APPROVED UNDER SEPARATE PERMIT.13. ALL WALLS SHALL BE CONSTRUCTED OF, OR PAINTED, WITH GRAFFITI-RESISTANT MATERIALS.12. THE DESIGN SPEED FOR THESE STREETS IS 25 MPH. THE DESIGN VEHICLE IS WB-40.11. 512,3427 SF COMMON AREA "B" (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING )IS 11.76 AC OR COMMON AREA "A" (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) IS 1.54 AC OR 66,946 SF SF NON-RESIDENTIAL: APPROXIMATE AREA OF PARKS, DRAINAGEWAYS, NATURAL OPEN SPACES AND OTHER PROPOSED 10. PARKING SPACES PROVIDED: 2 PER GARAGE & 2 PER DRIVEWAY = 940 SPACES. 470 SPACES. PARKING SPACES REQUIRED: 2 OFF-SITE SPACES PER UNIT WITHIN A FULLY ENCLOSED GARAGE = 9. MAXIMUM LOT COVERAGE IS 55%.8. MAXIMUM BUILDING HEIGHT ALLOWED IS 30 FEET.7. -ACCESSORY STRUCTURES: 5 FEET -PATIO STRUCTURES: 5 FEET IF OPEN ON 3 SIDES -MAY BE REDUCED TO 5 FEET WITH REAR-LOADED GARAGE. FEET OR MORE FROM THE FONT LIVING AREA. -MAY BE REDUCED TO 5 FEET IF FRONT LOADED GARAGE IS RECESSED 10 REAR: 5 FEET -ACCESSORY STRUCTURES: 5 FEET -STREET: 10 FEET LINES. -MUST PROVIDE A 3-FOOT ACCESS EASEMENT ON ADJACENT LOT Z-LOT SIDE: 0 FEET. *MAY NOT ENCROACH INTO THE PUBLIC UTILITY EASEMENT, IF REQUIRED -SIDE-LOADED GARAGE: 5 FEET* -FRONT-LOADED GARAGE: 20 FEET -FRONT PORCH: 5 FEET* -MAY BE REDUCED TO 5 FEET WITH SIDE-LOADED GARAGE* FRONT: 10 FEET. MINIMUM SITE SETBACKS;6. SUBDIVISION IS 6,000 SF. 9,995 SF FOR SMALL LOT SINGLE-FAMILY DETACHED. THE MINIMUM LOT SIZE IN THIS LOT SIZE IS 6,000 SF, THE AVERAGE LOT SIZE IS 6,430 SF AND THE MAXIMUM LOT SIZE IS PER THE SFR-6 LAND USE DESIGNATION OF THE GLADDEN FARMS II SPECIFIC PLAN, THE MINIMUM 5. THE TOTAL NUMBER OF RESIDENTIAL LOTS IS 235. DENSITY IS 4.11 RAC.4. RESOLUTION 2019-122. 2018-100, AND THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT ADOPTED BY MARANA THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT ADOPTED BY MARANA RESOLUTION AMENDMENT TO THE DEVELOPMENT AGREEMENT ADOPTED BY MARANA RESOLUTION 2018-074, THE TO THE DEVELOPMENT AGREEMENT ADOPTED BY MARANA RESOLUTION 2006-218, THE SECOND II DEVELOPMENT AGREEMENT ADOPTED BY MARANA RESOLUTION 2006-38, THE FIRST AMENDMENT THIS DEVELOPMENT IS SUBJECT TO THE CONDITIONS AND AGREEMENTS OF THE GLADDEN FARMS SECOND AMENDMENT ADOPTED BY MARANA ORDINANCE NO. 2018.006 ON MARCH 6, 2018. AMENDMENT ADOPTED BY MARANA BY ORDINANCE NO. 2006.35 ON DECEMBER 19, 2006 AND THE ADOPTED BY MARANA ORDINANCE NO. 2006.03 ON MARCH 7, 2006, AS AMENDED BY THE FIRST THIS SUBDIVISION IS SUBJECT TO THE REQUIREMENTS OF THE GLADDEN FARMS II SPECIFIC PLAN 3. LAND USE DESIGNATION IS SINGLE FAMILY DETACHED-6 (SFD-6 ZONE). THE EXISTING ZONING IS F (SPECIFIC PLAN - GLADDEN FARMS II) PER ORDINANCENO. 2006.03. THE 2. THE GROSS AREA OF THIS DEVELOPMENT IS 57.16 ACRES; 2,489,889 SF.1. CONTACT: DEAN WINGERT (520) 888-3962 SPOKANE VALLEY, WA 99216-1615 3808 N SULLIVAN RD, BLDG N15-202 ATTN: CROWN WEST REALTY LLC FIDELITY NATIONAL TITLE TRUST 60423 SUBDIVISION. BE OBTAINED BEFORE ANY WATER UTILTIES ARE INSTALLED WITHIN THIS AN AGREEMENT FOR THE CONSTRUCTION OF FACILITIES UNDER PRIVATE CONTRACT MUST 28. PASO NATURAL GAS PIPELINE, AND ARRANGE FOR AN EPNG STANDBY. ANY CONSTRUCTION ACTIVITY OR HEAVY EQUIPMENT TRAVEL WITHIN 25' OF THE EL CONTRACTOR SHALL CALL IN AN ARIZONA 811 REQUEST AT LEAST 48 HOURS PRIOR TO 27. 41-865.§CONTACTED IMMEDIATELY AT (520) 621-4795, PURSUANT TO A.R.S. MADSEN, REPATRIATION COORDINATOR AT THE ARIZONA STATE MUSEUM, MUST BE OR AT ANYTIME, ALL WORK MUST STOP IN THE AREA OF THE REMAINS AND MR. JOHN IF ANY HUMAN REMAINS OR FUNERARY ITEMS ARE DISCOVERED DURING CONSTRUCTION, 26. DEDICATION DATE. ASSESSMENT MUST BE SUBMITTED, DATED NO MORE THAN 180 DAYS PRIOR TO THE IF EASEMENTS WILL BE DEDICATED TO THE TOWN, A PHASE I ENVIRONMENTAL SITE 25. AND FEE WILL NEED TO BE SUBMITTED TO THE TOWN FOR REVIEW OF BOTH PARCELS. PRIOR TO RECEIVING A GRADING PERMIT, A STORM WATER POLLUTION PLAN (SWPPP) 24. MARANA WATER DEPARTMENT. THIS PROJECT LIES WITHIN THE PLANNED WASTEWATER SERVICE AREA OF THE TOWN OF 23. RESOURCES AS HAVING AN ASSURED WATER SUPPLY. MARANA WATER DEPARTMENT WHICH IS DESIGNATED BY THE DEPARTMENT OF WATER THIS PROJECT LIES WITHIN THE PLANNED WATER SERVICE AREA OF THE TOWN OF 22. OUTDOOR LIGHTING CODE. ALL EXTERIOR LIGHTING SHALL BE PER THE CURRENTLY ADOPTED TOWN OF MARANA 21. ELECTRICAL TRANSMISSION CORRIDORS. GREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV OR ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE 20. THE HOMEOWNER'S ASSOCIATION AND THE TOWN OF MARANA. THESE ITEMS WILL BE REGULATED UNDER THE LICENSE AGREEMENT EXECUTED BETWEEN INSTALLATIONS WITHIN THE RIGHTS-OF-WAY PRIOR TO AND UPON COMPLETION, AS INDEMNIFICATION. THE HOMEOWNER'S ASSOCIATION SHALL REVIEW AND APPROVE ALL PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND WALLS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHTS-OF-WAY SHALL REQUIRE A INSTALLATION OF ITEMS SUCH AS LANDSCAPING, IRRIGATION, SIGNAGE, MONUMENTS, 19. OCTOBER 222, 2020 STREE T "A"c2020Rick Engineering Company18-DEC-2020 14:32\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\5048pp01.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript J-5048 PRELIMINARY PLAT FOR COMMON AREA "B-1" THRU "B-5": (RECREATION LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1 THRU "A-11": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) PRV2009-003 PRV1710-002PCZ1708-002 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ#20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28.31-34, 37, 38 OF 8SHEET LOTS 1-235 & COMMON AREA "A-1"-"A-11" & "B-1"-"B-5" BLOCK 31 & 33 GLADDEN FARMS PIMA COUNTY, ARIZONA G & SRM TOWN OF MARANA SECTION 35, T 11 S, R 11 E 27 26 3534 MOORE ADOR H WY G R A N D E I-10 C AS A LOCATION MAP PROJECT THIS +1005 LON ADAMSROAD16 2 1 1 2 20 6 7 8 9 10 11 12 13 14 15 5 5 5 555 5 3 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SEQ #20071020612 SEQ #20181100137 SEQ #20071071340 SEQ #20040110791 SEQ #20032160454 SEQ #20052030148 SEQ #20051970423 SEQ #20061300698 SEQ #20072170310 SEQ #20060970432 SEQ #20051750608 SEQ #20032160452 SEQ #20040700645 SEQ #20051340763 SEQ #20121740308 15 SEQ #2017313007016 3" = 1 MILE SCALE: SEQ #2019053002917 17 1 SEQ #2018250008118 18 19 SEQ #2019291009419 20 SEQ #20193310053 MIKEETTERBLVD BLOCK 30 SEQ #20202240589 TEP 10'X15' J-2 ESMT 31+00 32+00 33+00 34+00 10+00 23+0024+0025+0026+00Regular Council Meeting 02/16/2021 Page 47 of 324 2010.81 H.V.109 PAD 13.1 PAD 13.5 PAD 13.7 PAD 13.7 PAD 13.4 PAD 13.1 PAD 12.7 DRYWELLS 1 VOL REQ 28.700 CF VOL 38,300 CF BOTTOM 06.0 WSEL 08.0 BASIN 5 09 2010 1% 2010 2010 2010 2010 2010 09 09 08 2%2%2%2%1%0.70%2.0%GBGB 0 5 050520 1 0 2010 20102010 20102010 20102010 12 PAD 10.0 PAD 10.0 PAD 12.7 PAD 10.6 PAD 11.0 PAD 10.9 PAD 10.6 PAD 10.4 PAD 10.1 PAD 09.8 PAD 09.1 PAD 07.5 PAD 07.4 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 40'20'80' OF 82 SEE SHEET 3 SEE SHEET 5c2020Rick Engineering Company18-DEC-2020 14:32\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\5048pp02.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript J-5048 PRELIMINARY PLAT FOR COMMON AREA "B-1" THRU "B-5": (RECREATION LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1 THRU "A-11": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) PRV2009-003 PRV1710-002PCZ1708-002 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ#20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28.31-34, 37, 38 OF 8SHEET LOTS 1-235 & COMMON AREA "A-1"-"A-11" & "B-1"-"B-5" BLOCK 31 & 33 GLADDEN FARMS SR-240 - PME WO#6208597 GLAD-37 WO#6208597 GLAD-38 WO #6208597 GLAD-162SR-225 - PULL BOX "B"SR-225 - PULL BOX "B"SR-234 - J2 A19+0020+0021+0022+0023+0024+0025+0020109687CA "B-4"CA "B-3" IRR IRR A1 3 4 5 6 7 8 75 CA "A-1" CA "A-2" 31+00 10+00 144 145 146 147 148 149 150 151 (FS 07.96) FS 07.34 GB 1.78% FS 09.44 0.53%FS 10.27HPFS 08 .84 LP 0.5%HPFS 13.08 0.85% LP FS 11 .80 1 %0.7 %FS 10.11FS 09.83 0 .7%FS 09.08LPHPFS 10.790.7%0.7% L P F S 0 9.3 7FS 11.31FS 11.030.99%FS 09.65 FS 12.08 0 .9 6 %FS 09.17 FS 09.17FS 08.10 F S 08 .8 0 LP FS 09.45 F S 0 9.09 DRYWELLS 2 VOL REQ 47.900 CF VOL 51,000 CF BOTTOM 06.0 WSEL 08.0 BASIN 5 (COMBINED) 4:1 3:13:14:1 3 :13:14:13:13:13:13 :1 3:13:1FS 11 .52 DRYWELLS 3 VOL REQ 67,100 CF VOL 69,700 CF BOTTOM 07.7 WSEL 09.1 BASIN 4 (COMBINED)FG 10.1F G 09.3 FG 10.2FG 08.8FG 11.8FG 12.5FG 11.7FG 11.4FG 12.5FG 12.2FG 12.53:1FG 12.1FG 12.2 4:1FS 07.2FG 08.1FG 09.2FG 09.6FG 10.2FG 10.03:13:107 08 FS 05.7 FG 06.4 FG 07.7 06 SR-209 - PG 3 - SINGLE PHASE PEDCATV TELE SR-209 - PG 3 - SIN GLE PHASE PEDCATV TELE SR -209 - PG 2 SINGLE PHASE TRAN SFO RME RCA TV TELE SR-209 - PG 3 - SIN GLE PHASE PED CATV TELE SR-234 - J2 GLAD-81A SR-209 - PG 3 - SINGLE PHASE PEDCATVSR-209 - PG 3 - SINGLE PHASE PED CATV SR-209 - PG 3 - SINGLE PHASE PED+ + + + 1 2 5 6 7 8 9 10 11 12 13 14 22 23 24 25 26 2728293031323334 35 36 37 38 39 40 41 42 43 44 45 46 474849505152 53 54 55 72 73 74 85 86 87 88 89 90 91 15 16 17 18 19 20 21 C A "A -1"C A "A-9" C A "A-10"CA "A-11"CA "B-4" CA "B-5" CA "B-4"28'42'28'42'42'28'28'42'28'42'111128'42'112 8 ' 4 2 ' 1 1 48'60'28' 42' 1 30 31 2 18 19 20 3 2 2 2 2 2 2 2 2 2 2 2 2 2 25'R2 5'R60'R53'R25'R 25'R 25'R2 5'RN MIKE ETTER BOULEVARD(PUBLIC STREET)20071020612#SEQ (P UBLI C ST REE T) STREE T "A"(P UBLI C ST RE E T) S T R EET "C" (P UBL IC S T REET )(PUBLIC STREET)(S-2020-008) EXIST 8" PVC 5 3 4 3 4 3 4 4 3 3 4 25'R 2 5'R25'R25 ' R A8B8B8B8 B8B 8B 8B8SFD-6SEQ #20173130070BLOCK 26GLADDEN FARMSBK 62, M&P PG 64 BLOCK 27 GLADDEN FARMS HDR 7032 SF 6601 SF 6253 SF 6057 SF 6000 SF 6000 SF 6000 SF 6006 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6407 SF 8590 SF 6540 SF 7400 SF 7135 SF 7080 SF 6007 SF 6480 SF 6022 SF 6004 SF 6004 SF 6055 SF 6441 SF 6481 SF 6663 SF 6663 SF 6663 SF6658 SF6045 SF6000 SF6000 SF6000 SF6000 SF 8688 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 7426 SF 6953 SF 7174 SF 7183 SF 7173 SF 7 (S IE=1996.36) (E IE=1996.26) (RIM=2010.27) RXIST MH #2020-082 POINT OF CONNECTION IE 98.4 11.7RIM IE 99.6 12.7RIM126'124'132'126'120'120'116'120'123'50' 50 '50' 50 '50 '50' 59 '59'59'60' 60' 50'120'122'127'122'12 0 ' 12 0 ' 12 0 ' 120'50'141'128'123'120'120'120'120'101' 50'50'50'36'35'7'44'21'51'51'50'50'16'34'50'50'40'120'120'120'50'50'55'115'112'43' 50'50'50'50'50'50'11'37' 47' 47 ' 35 ' 12 '47'13'47'35' 38'47' 47'10' 47'8'50'50'50'50'46'3'63' 63'63'63' 39' 39'22' 45'50'50'50'50'12'120'50' 115 ' 115 ' 12 0 ' 12 0 ' 125' 130'120' 12 0 ' 50' 50'49' 2 4' 2 3' 35' 50' 25'32' 50'12 0 '119'120'120'120'120'120'50'50'50'50'40' 48'20'30'35'16' 34 ' 48 '48'48'48' 4 8' 44' 50' 50' 50' 37' 12' 4 7'50'50'40'50'50'50'50'50'50'30'10'20'137'120'120'120'120'120'120'120'120'120'120'120 '120'120'120'120'120'120'119'119'119'119'120 ' 12 0 ' 50'50'50'50'46'40'10' 56 '9' 48 '48' 4 8' 12' 39'102'10' 16' 18' 4'14' 59' 6091 SF 6558 SF 6450 SF 6150 SF 6000 SF 6009 SF 6734 SF 6525 SF 6516 SF 6479 SF 6696 SF 6702 SF 6442 SF 6000 SF101' @ 0.5%209' @ 0.5% 393' @ 0.5 %162' @ 0.5%IE 96.9 09.4RIM IE 97.8 10.7RIM 242' @ 0.5%IE 99.1 09.6RIM 88' @ 0.5% IE 98.5 09.3RIM 341' @ 0.5% IE 00.3 10.9RIM 117' @ 0.5% IE 00.8 10.1RIM 25 4' @ 0.5 %11625 SF8132 S F 2180 SF 16' 419' @ 0.5% *RIDGE LINE *RI DG ELI NE G R A D EB R E AK*** GRADE RIDGE ** BREAK LINE RIDGEGRADE*BREAKLINE*********B 8 208101 SF 208101 SF 8 88 881816'5 9'2152 SF37022 SF W STREET "A"N HELLIG AVW STREE T "B" W STREET "B" 66'117'N ELLIE AV1 GRADE BREAK 15'15'90.00' 11 CFS SCUPPERS (2) TYPE 3 21 CFS SCUPPERS (3) TYPE 3 18 CFS SCUPPERS (3) TYPE 3 2 CFS SCUPPER (1) TYPE 3 7 CFS SCUPPER (1) TYPE 3 11 CFS SCUPPERS (2) TYPE 3 SR-234 - J2 26/30-3B 27-5A27-4B31-5B 31-4C 31-5B FG 11.8 3 4 GB GBGB GB PAD 11.6 PAD 09.1 PAD 09.8 PAD 10.2 PAD 10.6 PAD 11.0 PAD 11.2 PAD 12.4 PAD 12.8 PAD 13.2 PAD 13.5 PAD 13.5 PAD 13.5 PAD 13.1 PAD 12.8 PAD 12.7 PAD 13.2 PAD 11.8 PAD 12.1 PAD 12.0 PAD 11.7 PAD 11.6 PAD 11.4 PAD 11.0 PAD 11.7 PAD 11.7 PAD 12.1 PAD 12.6 PAD 13.0 PAD 13.4 PAD 13.9 PAD 14.5 PAD 15.0 PAD 15.4 PAD 14.9 PAD 14.6PAD 11.7 PAD 11.6 PAD 11.7 PAD 12.0 PAD 12.4 PAD 12.7 PAD 13.2 PAD 13.2 PAD 12.9 PAD 12.6 PAD 12.1 PAD 10.0 PAD 10.3 PAD 10.7 PAD 11.0 PAD 11.2 PAD 11.2 PAD 10.5 PAD 12.0 PAD 14.4 PAD 14.9 PAD 15.4 PAD 15.9 PAD 15.5 PAD 12.3 PAD 12.7 PAD 11.3 PAD 11.1 PAD 10.8 KEYNOTES 1 2 3 4 5 6 7 SIGHT VISIBILITY EASEMENT GRANTED BY FINAL PLAT ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 8 Regular Council Meeting 02/16/2021 Page 48 of 324 2011.3 2011.5 2011.6 2012.3 2015 2010.81 H.V.109 4:11 %1 % 2010 08 08 09 2010 11 12 13 12 2%2%2%2%2.00%2.0%GBGB2% 2% 2%3:111 10 0 5 05PAD 13.9 PAD 14.1 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 40'20'80' OF 83 SEE SHEET 2 SEE SHEET 4 SEE SHEET 6SEE SHEET 5c2020Rick Engineering Company18-DEC-2020 14:32\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\5048pp03.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript J-5048 PRELIMINARY PLAT FOR COMMON AREA "B-1" THRU "B-5": (RECREATION LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1 THRU "A-11": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) PRV2009-003 PRV1710-002PCZ1708-002 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ#20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28.31-34, 37, 38 OF 8SHEET LOTS 1-235 & COMMON AREA "A-1"-"A-11" & "B-1"-"B-5" BLOCK 31 & 33 GLADDEN FARMS WO#6280178GLAD-39 SR-24 0 - PME WO# 6 2 8 0 178GLAD- 4 0WO #6208 597GLAD -162 SR-225 - PULL BOX "B" SR-225 - PULL BOX "B"AA24+0025+0026+0027+0028+0029+0030+003 1 +0 0 IRR IRR IRR IRR AA1 CA "B-5" CA "A-3" (FS 07.96) FS 07.34 GB 1.78% FS 09.72HP 0.7%LPFS 08.78 0.7%HPFS 12.39FS 09.44 0.53%FS 10.27HPFS 09.08LPHPFS 10.790.7%0.7% L P F S 0 9.3 7 0.7 %HPFS 11.28LPFS 10.840.7%0.7% HPFS 12.75 FS 12.01FS 12.29 0.71% FS 11.85 FS 12.13 FS 12.69HP2 %FS 12.41LP0.7%FS 11.12 FS 09.65 0 .9 6 %FL 06.57 FL 06.3DRYWELLS 1 VOL REQ 18.300 CF VOL 26,300 CF BOTTOM 04.0 WSEL 07.0 BASIN 1 2% FG 13.3 051011 12 12FS 0 8 .80 F S 0 9.09 FS 10.56 FS 08.50 DRYWELLS 5 VOL REQ 146.800 CF VOL 343,820 CF BOTTOM 05.5 WSEL 08.5 BASIN 5 4:1 3:13:14:13:13:13:13:13:13:13 :1 3:1 4:1 3:13 :1 3:1 4:14:14:1FG 10.1F G 09.3 FG 10.2FG 09.2 FG 11.2 FG 09.2 FG 10.4 FG 11.7FG 12. 7 + + 1 2 46 474849505152 53 54 55 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 85 88 155156 157 158 159 160 161 180 181 182 183225 226 227 228 229 230 231 232 233 234 56 57 58 59 60 61 62 63 64 235 CA "A-2" C A "A -1"CA "A-3" CA "A-7" C A "A-9" C A "A-10" CA "B-1"28'42' 28'42' 1 1 28' 42' 11 2 8' 4 2' 11 28'42'28'42'128'42'48'60'2 8'42' 1 21 22 23 13 6 5 4 3 14 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 225'R25'R 2 5'R25'R25'RN MIKE ETTER BOULEVARD(PUBLIC STREET)20071020612#SEQ )TEERTS C ILBUP( (P UBLI C ST RE E T) 5 4 3 4 3 4 3 3 4 3 4 3 4 3 4 25'R 25'R 25'R 25'R 2 5'RA8B 8 B8B8 B8 B8 B 8B8 B8 MIKE ETTER BOULEVARDSEQ #20071020612(PUBLIC STREET)SFD-6SEQ #20173130070BLOCK 26GLADDEN FARMSSFD-7SEQ #20192910094BLOCK 30GLADDEN FARMS6000 SF 6000 SF 6006 SF 6315 SF 6315 SF 6315 SF 6315 SF 6315 SF 6315 SF 6315 SF 6315 SF 6315 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6407 SF 8590 SF 6540 SF 6000 SF 6000 SF 8848 SF 8456 SF 6000 SF 6000 SF 7692 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6267 SF 6326 SF 6588 SF 6172 SF 6665 SF 6911 SF 7742 SF 7106 SF 8014 SF 8029 SF 7400 SF 6846 SF 7080 SF 6007 SF 6480 SF 6022 SF 6004 SF 6004 SF 142219 SF 7120'120'101'50'40'120'120'120'50'50'55'120' 39'22' 45'50'50'50'50'12'120'120'120' 120' 120' 120' 120' 120' 120' 120' 55' 55'55'55' 55' 5 5' 55' 5 5' 120' 1 2 0 ' 1 2 0 ' 50' 50' 39' 120 ' 120 ' 12 0 ' 120' 50' 41'9' 1 0 8'99' 115 ' 12 0 ' 12 0 ' 12 0 ' 120' 124' 128' 136' 150' 50' 50'49' 2 4' 2 3' 42' 5' 4 7'29'19'47'50' 50 '50 '50 '8 '39' 50' 1 2 0 ' 1 2 0 ' 1 2 0 ' 1 2 0 ' 42' 50' 50' 50' 1 2 0 ' 50'120'119'120'120'120'120'120'50'50'50'50'40' 48' 50' 50' 3 9'40' 120 ' 116' 50' 50'6' 81'52'56'47' 4 7' 46'20'30'35'16'42'122'17'15'47' 4 7' 4 7'127'135'120'121'120'120'120'120'53 '50'39' 12 '49' 49'49'49' 49' 4 9' 49' 4 9'50'50'50'40'50'50'10'20' 4 9' 5 7' 57' 4 9' 57' 49' 57' 49'57' 49'57' 49'57' 49'57' 49' 5 7' 4 9' 5 7'120'120'120'120'120' 120' 120' 120' 120' 120' 120' 120' 4 8' 12' 39'102' 58 '242' @ 0.5%IE 99.1 09.6RIM 2 5 8' @ 0. 5 %IE 00.6 09.2RIM 293' @ 0.5 % IE 02.1 11.2RIM 1 3 4' @ 0.5 %IE 02.9 12.0RIM117' @ 0.5% 25 4' @ 0.5 %IE 02.2 10.4RIM 1 2 5' @ 0. 5 %IE 02.9 11.2RIM 147' @ 0.5%IE 03.7 11.1RIM 1 93' @ 0 . 5% 264' @ 0.5% IE 04.4 12.0RIM 2 0 3 ' @ 0. 5 %IE 05.6 13.2RIM 3 5'15'5 9'1625 S F 6308 SF 2180 SF 49'120'56' 2 5'R*GRADE RIDGE**BREAK LINE *RI DGE GR ADE *B R E AKLI NE ****GRADE BREAK RIDGE LINE RI D G E G R A D E B R E AKLI NE BREAK GRA DE RID GE LINERIDGEGRADE*BREAKLINERIDGE LINE GRADE BREAK**********2 6244 SF 6244 SF 6244 SF 6244 SF 6244 SF 6244 SF 6244 SF 6469 SF 6244 SF 1-24" RCP PIPE 6 8 888188 6315 SF SEQ #20181100137 BLOCK 32 GLADDEN FARMS PARK 18404 SF 12159 SFW STREET "E"W RIHL DR W STREE T "B" W STREET "B" W STREET "B"N ELLIE AV1 N STREET "D "90.00' 20 CFS SCUPPERS (3) TYPE 3 11 CFS SCUPPERS (2) TYPE 3 21 CFS SCUPPERS (3) TYPE 3 25 CFS SCUPPERS (4) TYPE 3 13 CFS W/9 NEENAH GRATES R-4999 VANED TYPE L9 SR-234 - J2 26/30-3B 31-1A 31-5A 31-5B 31-5C 31-5D 31-5E G B GB GB G B GB PAD 11.6 PAD 11.8 PAD 12.1 PAD 10.0 PAD 10.3 PAD 10.7 PAD 11.0 PAD 11.2 PAD 11.2 PAD 10.5 PAD 10.2 PAD 10.5 PAD 11.4 PAD 11.6 PAD 12.0 PAD 14.9 PAD 15.4 PAD 15.5 PAD 12.3 PAD 12.7 PAD 13.2 PAD 13.4 PAD 13.7 PAD 13.9 PAD 13.9 PAD 11.3 PAD 11.1 PAD 10.8 PAD 09.8 PAD 10.2 PAD 10.5 PAD 10.8 PAD 11.2 PAD 11.5 PAD 11.8 PAD 12.2 PAD 12.5 PAD 11.7 PAD 11.3 PAD 11.3 PAD 11.4 PAD 11.9 PAD 12.3 PAD 12.7 PAD 13.1 PAD 13.5 PAD 13.9 PAD 14.7 PAD 13.5 PAD 13.6 PAD 14.0 PAD 14.5 PAD 15.7 PAD 16.4 PAD 17.2 PAD 17.8 PAD 13.5 PAD 13.7 PAD 13.7 PAD 13.5 PAD 13.0 PAD 12.7 PAD 12.3 KEYNOTES 1 2 3 4 5 6 7 SIGHT VISIBILITY EASEMENT GRANTED BY FINAL PLAT ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 8 Regular Council Meeting 02/16/2021 Page 49 of 324 13 1312 2015 11 2012.3 2012.6 1 3 1 3 13 2013.2 2013.3 2013.6 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015.4 2015.5 2015.6 2016.3 2016.3AAAAAASR-240 - PMESR-225 - PULL BOX "B"WO#6238034GLAD-87WO#6238034GLAD-86MM8" NP8" N P8" NP3:12%2%2%2% 2010 20 1 0 20 1 0 1 %1 % 2010 12 11 1 1 4:1 2%2%2%2%2%0.70 %0.70 %2.0%GB4:12%2% 1 3 1 3 4:14:1 2010 11 1413 1 20. 7 %2% 2% 2% 2% 2% 4:1 4:13:13:11% 2%3:14:1 KAERB EDARG 2% 2% 0.5 % 4:1 2:11%5% MAX (3 EXIST + 2 NEW) DRYWELLS 5 VOL REQ 157,250 CF VOL 160,000 CF BOT 04.6 MAX WSEL 06.1 BASIN 2 2% MAX PAD 13.8 2015 2015 PAD 14.1 PAD 13.5 PAD 11.6 PAD 11.2 PAD 10.7 PAD 10.0 PAD 09.7 PAD 09.7 PAD 09.0 PAD 09.5 PAD 11.3 PAD 14.1 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 40'20'80' OF 84 SEE SHEET 3 SEE SHEET 7SEE SHEET 6c2020Rick Engineering Company18-DEC-2020 14:32\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\5048pp04.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript J-5048 PRELIMINARY PLAT FOR COMMON AREA "B-1" THRU "B-5": (RECREATION LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1 THRU "A-11": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) PRV2009-003 PRV1710-002PCZ1708-002 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ#20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28.31-34, 37, 38 OF 8SHEET LOTS 1-235 & COMMON AREA "A-1"-"A-11" & "B-1"-"B-5" BLOCK 31 & 33 GLADDEN FARMS CA "B-1" SR-240 - PMEWO#6 2 8 017 8 GLAD-135 SR-234 - J2 WO#6280178 GLA D-159SR-24 0 - PME WO#6 2 8 0 1 7 8GLAD- 4 0SR-209 - PG 2 SINGLE PHASE TRANSFORMER SR-225 - PULL BOX "B"WO#62 8 0 1 7 8 GL AD-136 10+0011+0012+0030+003 1 +0 0 3 2 + 0 0 3 3 +0 0 34+00 35 +00 3 6 +0 0 37+0038+0039+00 40+00 41+00 42+00 43+00 44+00 IRR IRR 1 CA "B-9" CA "A-4" CA "A-3" CA "A-7" 125 126 127 128 129 130 131 132 133 134 135 136 HPFS 12.390.7%FS 10.75LP1% HPFS 12.75 FS 12.01FS 12.29 0.71%FS 12.69HPFS 12.41LP0.7%H PFS 16.321.5% PAD 16.2 2% FG 13.3 FG 11.22 %FG 11.6FG 11.6FG 13.0FG 13.01 3 1 3 FG 13.012 FS 10.47DRYWELLS 3 VOL REQ 75.800 CF VOL 86,460 CF BOTTOM 07.5 WSEL 10.5 BASIN 7 FS 07.503:1 4:13:13:14:14:1FG 12. 7 FG 12.5 SR-240 - PME +SR-234 - J2SR-234 - J2GLAD-160 GLAD-161 SR-209 - PG 3 - SINGLE PHASE PEDCATVTELE SR-209 - PG 3 - SINGLE PHASE PED CATVTELESR-209 - PG 3 - SINGLE PHASE PED CATV TELESR-209 - PG 3 - SINGLE PHASE PED CATV TELESR-209 - PG 3 - SINGLE PHASE PEDCATV TELE SR-209 - PG 2 SINGLE PHASE TRANSFORMER CATV TELE SR-209 - PG 2 SINGLE PHASE TRANSFO RMERCATV TELES ++ + 158 159 174175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 208209210 211 212 213214215216 217 218 219 220 221 222 223 224 225 226 CA "B-2" CA "A-3" CA "A-7" 2 8' 4 2' 1 28'28'42'1128'42'1128'42' 6 7 14 8 2 2 2 2 2 2 2 225'R25'R 60'R 53'R 42' 1 (PUBLI C STREET)STREET "A"3 4 60'R 53'R 25'R B 8 B8 B 8 B8B8MIKE ETTER BOULEVARDSEQ #20071020612(PUBLIC STREET)MIKE ETTER BOULEVARD SEQ #2018110013 7 (PUBLIC STREET)SFD-7SEQ #20192910094BLOCK 30GLADDEN FARMSSEQ #20193310053 BLOCK 36/40 GLADDEN FARMS HDR BK 62, PG 64(PUBLIC STREET)N MIDFIELD ROAD6228 SF6228 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6089 SF 6460 SF 6216 SF 8320 SF 6728 SF 6075 SF 6000 SF 6000 SF 6196 SF 6315 SF 6315 SF 6315 SF 6315 SF 6000 SF 6000 SF 6000 SF 6008 SF 6000 SF 6000 SF 6000 SF 6000 SF 6156 SF 6283 SF 6283 SF 6294 SF6241 SF 6000 SF 6005 SF 6008 SF 6193 SF 6000 SF 6000 SF 6172 SF 50 '50 '50' 50' 50' 50' 1 2 0 ' 1 2 0 ' 1 2 0 ' 1 1 9' 1 2 0 ' 42' 50' 50' 50'116'120'120'120'50 '0.29' 50 '29 '49' 5 7' 4 9' 5 7' 4 9'57'49'33'29' 120' 120' 120' 120' 120' 120' 120' 120' 109' 112'109'120'120'120'120'120'120'120'120'21'50'50'18'9'33'21'50'50'49'85'53' 29 '34 '80 '50 '50 '50 '50 '50 '50 '23 '28' 14' 33' 44'37' 50 '50 '50 '50 '50 '46 '3' 49' 3' 52 '55'55'120'120'120'120'120'120'120'120'120'120'27 '50 '9 '40 ' 49' 30' 42' 50 '55 ' 56' 50 '50 '50 '50 '35 '20 '29' 14 '28' 56' 30 '23 '50 '50 '50 '50 '120'50 '50 '1 3 4' @ 0.5 %IE 02.9 12.0RIM 346' @ 0.5%IE 04.7 11.1RIM 376 ' @ 0 .5% IE 06.8 14.7RIM 264' @ 0.5% 2 0 3 ' @ 0. 5 %IE 05.6 13.2RIM 257 ' @ 0 .5% 3 5'15'*RIDGE LINE GRADE BREAK******2 6469 SF 1-24" RCP PIPE 8 8 6000 SF 6315 SF 110'SEQ #20181100137 BLOCK 32 GLADDEN FARMS PARK 12159 SF 39109 SF 51 '57 '111'106'96'56 '42' 25' 17'W STREET "E" W STREET "B" 25 '58' 13 CFS W/9 NEENAH GRATES R-4999 VANED TYPE L9 40 CFS SCUPPERS (5) TYPE 3 90.00'30/35-2D 30/35-2E 36/40-1B 37-1A 31-7C 31-7B 33-7A GB PAD 12.5 PAD 13.9 PAD 14.7 PAD 14.5 PAD 14.1 PAD 13.8 PAD 13.4 PAD 13.4 PAD 13.7 PAD 14.0 PAD 14.2 PAD 14.0 PAD 14.4 PAD 14.9 PAD 15.4 PAD 15.9 PAD 16.4 PAD 17.0 PAD 17.5 PAD 18.0 PAD 15.7 PAD 16.4 PAD 16.0 PAD 16.5 PAD 17.3 PAD 18.0 PAD 18.6 PAD 17.4 PAD 16.8 PAD 16.2 PAD 15.7 PAD 15.2 PAD 14.7 PAD 14.2 PAD 13.7 PAD 13.5 PAD 13.7 PAD 13.7 PAD 13.5 KEYNOTES 1 2 3 4 5 6 7 SIGHT VISIBILITY EASEMENT GRANTED BY FINAL PLAT ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 8 Regular Council Meeting 02/16/2021 Page 50 of 324 2013.6 2013.7 2013.8 2015 2015201520152015 2015 2015 201520152015.1 2015.3 2015.5 2015.5 2015.6 2015.6 2015.8 2015.8 2016.4 DRYWELLS 2 VOL REQ 34,000 CF VOL 47,000 CF BOTTOM 07.7 WSEL 09.1 BASIN 42% MAX20100' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 40'20'80' MISCELLANEOUS NOTES 5SEE SHEET 3SEE SHEET 2SEE SHEET 6 REMOVALS OF EXISTING FARM ACCESS AND IRRIGATION CANALS. CONTRACTOR TO COORDINATE WITH OWNER TO DETERMINE EXACT LIMITS AND TIMING OF 15. PURSUANT TO THE GFCFD#2 DA. BY THE GLADDEN FARMS (PHASE II) COMMUNITY FACULTY DISTRICT (GFCFD#2) THE GFCFD#2 DA, THE INTEREST AND THE PUBLIC INFRASTRUCTURE MAY BE ACQUIRED THE GFCFD#2 DA"), IF THE PUBLIC INFRASTRUCTURE IS CONSTRUCTED PURSUANT TO (PHASE II) COMMUNITY FACILITIES DISTRICT) DATED JANUARY 1, 2008 (AS AMENDED, FINANCING, PARTICIPATION AND INTERGOVERNMENTAL AGREEMENT (GLADDEN FARMS THE FINAL SUBDIVISION PLAT. PURSUANT TO THE DISTRICT DEVELOPMENT, ARIZONA REVISED STATUTES, AS AMENDED) MAY BE CONSTRUCTED AS DESCRIBED ON BE "PUBLIC INFRASTRUCTURE" (AS SUCH TERM IS DEFINED IN SECTION 48-701, INTEREST RETAIN AN INTEREST IN THE REAL PROPERTY IN OR UPON WHICH WHAT WOULD THE SUBDIVIDING LAND OWNERS DESIGNATED ON THIS PLAT AND THEIR SUCCESSORS IN 14. FEMA FLOODPLAIN DESIGNATION OF SHADED ZONE X. THIS PROJECT. THE SUBDIVISION IS WITHIN DFIRM MAP 1040 OF 4750 AND HAS A AGENCY (FEMA) 500-YR FLOODPLAIN, WHICH DOES NOT REGULATE THE DEVELOPMENT OF THIS PROPOSED SUBDIVISION IS LOCATED IN THE FEDERAL EMERGENCY MANAGEMENT 13. COMBUSTIBLE CONSTRUCTION. TESTED AND ACCESSIBLE VIA AN ALL WEATHER ACCESS ROAD PRIOR TO ANY ADDITIONAL FIRE PROTECTION MEASURES. ALL HYDRANTS SHALL BE INSTALLED AND OR LOW CLEARANCE, MUST BE EVALUATED BY THE NORTHWEST FIRE DISTRICT FOR BUILDING HAVING LIMITED ACCESS IN EXCESS OF 150 FEET, OR 12% ACCESS GRADE, NORTHWEST FIRE DISTRICT FOR ADDITIONAL FIRE PROTECTION MEASURES. ANY ANY BUILDING OVER 3,600 SQUARE FEET UNDER ONE ROOF MUST BE EVALUATED BY THE 12. PRIOR TO BEGINNING COMBUSTIBLE CONSTRUCTION MATERIALS ON SITE. NORTHWEST FIRE DISTRICT. ALL HYDRANTS MUST BE INSTALLED AND OPERATIONAL STREETS. THE FIRE FLOW REQUIREMENT IS 1,500 GALLONS/MINUTE APPROVED BY FIRE HYDRANTS AT 500 FOOT MAXIMUM INTERVALS SHALL BE INSTALLED WITHIN PUBLIC 11. AREA "B-1". 43,475 SF OF DEVELOPED RECREATIONAL AREA. 142,219 SF IS PROVIDED IN COMMON SF PER SINGLE FAMILY RESIDENCE. THIS PROJECT with 235 LOTS SHALL REQUIRE (IN SQUARE FEET) FOR PRIVATE, COMMON ON-SITE RECREATION AREAS SHALL BE 185 SINGLE-FAMILY DETACHED OF THE SFD-6 LAND USE DESIGNATION, THE MINIMUM AREA PARKS AND TRAILS CONCEPT AND SECTION IV.C.4.E DEVELOPMENT STANDARDS - PER THE GLADDEN FARMS II SPECIFIC PLAN SECTION III.L OPEN SPACE, RECREATION, 10. GUIDELINES TO RESOLVE THE UNCLEAR ISSUE, MATTER OR SITUATION. ISSUE, CONDITION OR SITUATION SHALL BE USED BY THE PLANNING DIRECTOR AS THE OF MARANA LAND DEVELOPMENT CODE THAT ARE APPLICABLE FOR THE MOST SIMILAR COVERED OR PROVIDED FOR IN THE SPECIFIC PLAN, THOSE REGULATIONS IN THE TOWN PLAN. IF AN ISSUE, CONDITION OR SITUATION ARISES FROM THIS PLAN THAT IS NOT THIS PLAT FALLS UNDER THE REQUIREMENTS OF THE GLADDEN FARMS II SPECIFIC 9. INDIVIDUAL RESIDENTIAL UNIT WITHIN THIS BLOCK. UNIFIED SCHOOL DISTRICT UPON THE ISSUANCE OF BUILDING PERMITS FOR EACH SCHOOL IMPROVEMENT IN-LIEU FEE OF $1,200 PER LOT SHALL BE PAID TO THE MARANA PER SECTION 6.5 OF THE GLADDEN FARMS II DEVELOPMENT AGREEMENT, A VOLUNTARY 8. APPROVAL. OBLIGATION FOR THOSE BLOCKS SHALL BE PAID PRIOR TO DEVELOPMENT PLAN THAT ARE NOT SUBDIVIDED AND A DEVELOPMENT PLAN IS THE ONLY PROCESS, THE OBLIGATION, OF $18,625.88, PRIOR TO RELEASE OF ASSURANCES. WITHIN BLOCKS RESIDENTIAL SUBDIVISION PLAT SHALL BE REQUIRED TO PAY THEIR TOTAL SHALL PAY FOR BANK PROTECTION AS SET FORTH HEREINAFTER. THEREFORE, THIS PER SECTION 6,6 OF THE GLADDEN FARMS II DEVELOPMENT AGREEMENT, THE DEVELOPER 7. EASEMENT WAS RECORDED WITH THE BLOCK PLAT AT DOCKET 13063, PAGE 4202. SUBJECT TO FREQUENT OVERFLIGHT BY GENERAL AVIATION AIRCRAFT. AN AVIATION INFLUENCE AREA AS DELINEATED IN THE NORTHWEST MARANA AREA PLAN AND IS POTENTIAL BUYERS ARE ADVISED THAT THIS PROJECT FALLS IN THE AIRPORT 6. ALL RIP RAP AND EROSION PROTECTION ROCK SHALL BE CORONADO BROWN IN COLOR.5. APPROVAL OF THE TOWN OF MARANA. NO FURTHER LOT SPLITTING OR SUBDIVIDING SHALL BE DONE WITHOUT THE WRITTEN 4. UPON BUILDING PERMIT ISSUANCE FOR EACH LOT. WATER INFRASTUCTURE, WASTEWATER INFRASTRUCTURE AND PARK IMPACT FEES, DUE THIS PROJECT IS SUBJECT TO ALL APPLICABLE TRANSPORTATION, WATER RESOURCE, 3. COMPLIANCE WITH ANY DEED RESTRICTIONS OR EASEMENTS. THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF APPROVAL OF THIS PLAN DOES NOT AFFIRM, CERTIFY OR APPROVE ANY LAND DIVISION 2. OF MARANA. SHALL BE CONSTRUCTED ACCORDING TO PLANS AS REVIEWED AND APPROVED BY THE TOWN ALL ROADS AND DRAINAGE IMPROVEMENTS WITHIN OR ADJACENT TO THIS SUBDIVISION 1.c2020Rick Engineering Company18-DEC-2020 14:32\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\5048pp05.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript J-5048 PRELIMINARY PLAT FOR COMMON AREA "B-1" THRU "B-5": (RECREATION LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1 THRU "A-11": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) PRV2009-003 PRV1710-002PCZ1708-002 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ#20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28.31-34, 37, 38 OF 8SHEET LOTS 1-235 & COMMON AREA "A-1"-"A-11" & "B-1"-"B-5" BLOCK 31 & 33 GLADDEN FARMS LP FS 11 .80 H PFS 13.551 %0.7 %FS 11.58LP1.42%HPFS 11.280.7%FS 15.58 FS 12.08 DRYWELLS 2 VOL REQ 47.000 CF VOL 136,030 CF BOTTOM 09.3 WSEL 11.3 BASIN 6A FS 11.30TB 15.0 TB 16.0 TB 18.0 TB 17.0 15' WI DE B E R M15' WI DE B E NC HFG 13.0 FG 13.0 15' WI DE B E NC HFG 13.0 3 :1 3:13:13:13:13:13:1 4:13:13:13:1 3:1 3:1 4:1 4:1 4:1 4:14:14:13:1FS 11 .52 FG 11.7FG 12.1FG 12.2 FG 12.7 FG 13.04:1FG 12.8 FG 12.5 FG 12.2 FG 11.8 FG 11.5 FG 12.5 FG 12.2 FG 11.9 HP GB++22 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 CA "A-8" CA "B-4" CA "B-4" 28' 42' 2 8 ' 42' 1 1 32 33 34 21 22 26 25 2 2 2 2 2 STREE T "A"(P UBLI C ST RE E T)(PUBLIC STREET)3 3 25'R25'R25'R25'RB8 B 8 B86000 SF 6000 SF 6113 SF 6552 SF 6596 SF 6600 SF 6576 SF 6525 SF 6500 SF 6500 SF 6000 SF 6204 SF 6462 SF 6751 SF 6751 SF 6837 SF 6004 SF 6569 SF 6750 SF 7742 SF 7106 SF 6750 SF 7353 SF 8014 SF 8029 SF 7676 SF 7583 SF 7400 SF 7135 SF 6846 SF 7080 SF 6480 SF 6022 SF 6004 SF 50' 12 0 ' 120' 120' 120' 124' 122' 124' 121' 123' 120' 123' 120'50' 50' 52' 60' 60' 6 0' 6 0' 5 9'59'59' 120' 120' 125' 130' 133' 135' 136' 135' 135' 120 ' 120' 124' 128' 136' 150' 50'49' 2 4' 2 3' 4 2' 5' 4 7'29'19'47'50'50' 35' 50' 25'32' 64' 65' 6 6'66'52'10'50'50'120'120'120'120'115'120'120'123'12 0 ' 61'68'68'68' 62' 50' 50' 54' 50' 50'46'46' 46'39'8' 49' 50' 35'52'56'47' 4 7'42'122' 135'17'15'50' 50' 37' 12'48' 48' 4 8' 4 8' 4 8' 4 8'48'47' 4 7' 4 7' 16 '6000 SF 393' @ 0.5 %IE 01.6 13.4RIM 2 2 1' @ 0.5 %131' @ 1.0%IE 02.8 11.9RIM IE 04.2 11.8RIM 02.2 10.4 IE 02.9 11.2RIM IE 06.7 15.6RIM 115 ' @ 0 . 5% IE 07.5 15.3RIM116' * * RID GE LI N E BRE AKGR ADE RIDGE LINE GRADE BREAK GR ADE B R E AK***208101 SF 208101 SF 8* 8 SEQ #20181100137 BLOCK 28 GLADDEN FARMS TR 12156 SF W STREET "A"11 CFS SCUPPERS (2) TYPE 3 13 CFS SCUPPERS (2) TYPE 327-4A31-6AB 31-6AA FG 11.8 PAD 12.8 PAD 12.7 PAD 13.2 PAD 13.7 PAD 14.0 PAD 14.0 PAD 13.8 PAD 13.5 PAD 13.2 PAD 12.8 PAD 12.5 PAD 14.4 PAD 14.9 PAD 15.4 PAD 15.9 PAD 15.5 PAD 15.0 PAD 14.6 PAD 14.2 PAD 14.3 PAD 14.8 PAD 12.7 PAD 13.2 PAD 13.4 PAD 13.7 PAD 13.9 PAD 13.9 PAD 15.4 PAD 15.8 PAD 16.1 PAD 16.5 PAD 16.6 PAD 16.4 PAD 16.1 PAD 16.6 KEYNOTES 1 2 3 4 5 6 7 SIGHT VISIBILITY EASEMENT GRANTED BY FINAL PLAT ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 8 Regular Council Meeting 02/16/2021 Page 51 of 324 2015201520152015 20152015.5 2015.6 2016.1 2016.2 2016.4 2016.5 2016.8 2017.1 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 40'20'80' OF 86SEE SHEET 3SEE SHEET 4SEE SHEET 5 SEE SHEET 7 SEE SHEET 8c2020Rick Engineering Company18-DEC-2020 14:32\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\5048pp06.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript J-5048 PRELIMINARY PLAT FOR COMMON AREA "B-1" THRU "B-5": (RECREATION LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1 THRU "A-11": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) PRV2009-003 PRV1710-002PCZ1708-002 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ#20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28.31-34, 37, 38 OF 8SHEET LOTS 1-235 & COMMON AREA "A-1"-"A-11" & "B-1"-"B-5" BLOCK 31 & 33 GLADDEN FARMS 0.7% LP F S 16 .64 0.7% FS 17.08 HP 0.7% FS 15.89 GBFS 11.58LPFS 13.50 1.42%HPFS 11.280.7%H PFS 16.321.5% 0.7% FS 14.35 LP 0.7%FS 11.12 FS 15.58 HP 0.75% 0.7 %FS 13.85L P 0.7 %0.7 %DRYWELLS 3 VOL REQ 103,200 CF VOL 215,500 CF BOTTOM 10.5 WSEL 13.5 BASIN 8 FS 13.53 FS 13.57FS 16.36FS 11.30TB 18.0 TB 19.0 15' WI DE B E R MFG 13.0 15' WI DE B E NC HDRYWELLS 1 VOL REQ 20,500 CF VOL 35,800 CF BOTTOM 12.0 WSEL 13.5 BASIN 6B FG 14.0 FG 14.3 FG 16.1 15' WI DE B E NC H3:14:13:13:14:14:13:1 3:1 3:1 4 :1 3:13:13:13:14:13:1 3:1 3:1 4:1 4:1 4:1 4:13:13:13 :13:1FG 14.9FG 14.1 FG 14.3 FG 15.0 FG 13.9 FG 15.04:1+++ + ++77 78 79 80 81 82 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 124 125 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146147 148 149 150 151 152 153154 155156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171172173174175 176 188 189 190 191 192 193 194 195 196 197 CA "B-3"CA "A-6"CA "A-8" CA "B-4" CA "B-4" 28' 42'28'42'1142'128'28'42'128 ' 4 2 ' 1 1 2 8 '42 ' 1 28'42' 34 22 15 16 17 10 11 12 28 27 26 25 24 2 2 2 2 2 2 2 2 2 2 2 2(PUBLIC STREET)(P UBLI C S T RE E T) (PUBLIC STREET) 3 3 4 3 4 25'R 55'R 48'R 25'R25'R25'R25'R52'R 45'R 25'R25'R25'R B 8 B8B8B 8 B8B8 SEQ #20181100137 BLOCK 28 GLADDEN FARMS 6000 SF 6204 SF 6462 SF 6751 SF 6751 SF 6837 SF 6004 SF 6569 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6226 SF 6000 SF 6000 SF 6004 SF 6004 SF 6000 SF 6000 SF 6230 SF 6294 SF 6294 SF6294 SF6241 SF 6000 SF 6005 SF 6000 SF 6000 SF 6267 SF 6326 SF 6419 SF 6422 SF 6095 SF 6588 SF 6172 SF 6665 SF 6911 SF 6910 SF 6585 SF 6000 SF 6000 SF 6000 SF 6000 SF 7373 SF 8405 SF 6732 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6006 SF 6338 SF 6089 SF 6750 SF 7742 SF 7106 SF 6750 SF 7353 SF 8014 SF 136' 135' 135' 128' 136' 150'19'47'50'50'52'10'50'50'120'120'120'120'115'120'120'123'1 20 ' 1 20 ' 1 20 ' 61'68'68'68' 62' 50' 50' 54' 50' 50' 120' 50' 50' 50' 50' 50' 50' 50' 50' 50' 50' 21' 1 2 0 ' 1 2 0 ' 1 2 0 ' 1 2 0 ' 1 20 ' 1 2 0 ' 1 2 0 ' 1 20 ' 1 20 ' 12 0 ' 1 2 0 ' 37'10' 3 0' 50'50'50'50'50'50' 50'50'50'50'50' 50'50'18'29'46'46' 46 '39'8' 49' 50' 35' 50 '50 '50 '8 '39'25'23'41'7'50'50' 50' 88'50'50'50'41' 47' 50' 50'52'56'47'42'122' 135'17'15'127'121'120'120'120'120'121'120'120'120'120'120'120'120'110'120'120'120'121'111'118'119'12 0 ' 120' 1 20 ' 12 0 ' 1 20 ' 1 2 0 ' 1 2 0 ' 1 2 0 '1 2 0 ' 50' 50' 50' 50' 50' 50' 50'50'50'50'50' 50'50'34'31' 40'99'33' 50' 50' 50' 50' 38'15'51'51' 53 '5 0'39' 12 '50 '29 '58'58'13'39' 50'22' 30'12' 50'6'41' 46' 46' 48'2' 164' 18 5'115' 125' 129' 134' 127' 123'50'50'50'50'50'20'50'50'35' 1 6'32'10'35'120'115'120'120'120'120'120'120'120'120'120'115'120'120'120'120'120'120'120'120'27 '50 '9 '40 ' 49'49'49'38'11'50'50'35'16 '50 '55 ' 56'56'56' 55' 50'50'50' 50 '35 '20 '29' 14 '28'21'35'14'43'6'49' 16 '58 '64'64' 57' 41' 134'2 9 '27'57'8685 SF 7749 SF 6000 SF 5857 SF 7297 SF 6098 SF 6624 SF 6563 SF131' @ 1.0%IE 04.2 11.8RIM IE 10.3 17.3RIM 245' @ 0.5% 113' @ 1.0% IE 12.7 16.2RIM IE 02.9 11.2RIM 1 9 3' @ 0 . 5% IE 04.8 12.5RIM 390' @ 0.5% IE 06.7 15.6RIM 115 ' @ 0 . 5% IE 07.5 15.3RIM 463' @ 0.5 %227' @ 0.5 %IE 11.1 17.2RIM 113' @ 1.0 % 257 ' @ 0 .5% IE 07.1 16.3RIM 305' @ 0.5% IE 08.7 13.9RIM 205' @ 1.0%IE 10.9 15.5RIM1 IE 11.6 17.1RIM21 78 SF2 5'RIE 10.0 15.7RIM RIDGE LINE GRADE BREAK *GR ADE B R E AKRI DGE LI NE *GR ADE B R E AKRI DGE LI NE GR ADE B R E AKRI DGE LI NE**GR ADE B R E AKRI DGE LI NE**GR ADE B R E AKRI DGE LI NE GRADE BREAKRIDGE LINE********208101 SF 208101 SF 88*TR SEQ #20181100137 BLOCK 34 GLADDEN FARMS TR 40' 10' 1 1 8 ' 12156 SF 85896 SFW STREET "A"W STREET "E"W ST RE E T "D" 25 '58' 8 N STREET "D " N STREET "F"W ST RE E T "D" 13 CFS W/9 NEENAH GRATES R-4999 VANED TYPE L9 13 CFS SCUPPERS (2) TYPE 3 20 CFS SCUPPERS (3) TYPE 3 6 CFS SCUPPERS (1) TYPE 3 32 CFS SCUPPERS (4) TYPE 3 33-6BA 33-8A 33-8B 33-8C GBG B PAD 14.2 PAD 14.3 PAD 14.8 PAD 13.7 PAD 13.9 PAD 13.9 PAD 19.3 PAD 18.7 PAD 15.4 PAD 15.8 PAD 16.1 PAD 16.5 PAD 16.6 PAD 16.4 PAD 16.1 PAD 15.8 PAD 15.4 PAD 15.0 PAD 15.3 PAD 15.7 PAD 16.1 PAD 16.4 PAD 16.8 PAD 17.1 PAD 17.5 PAD 17.8 PAD 18.2 PAD 18.5 PAD 13.5 PAD 13.6 PAD 14.0 PAD 14.5 PAD 14.8 PAD 15.1 PAD 15.4 PAD 15.8 PAD 16.1 PAD 16.5 PAD 15.9 PAD 15.9 PAD 15.6 PAD 15.1 PAD 14.7 PAD 14.5 PAD 14.9 PAD 15.3 PAD 15.6 PAD 16.0 PAD 16.3 PAD 15.7 PAD 16.4 PAD 17.2 PAD 17.8 PAD 17.8 PAD 17.5 PAD 17.1 PAD 16.8 PAD 16.3 PAD 16.1 PAD 16.5 PAD 17.3 PAD 18.0 PAD 18.6 PAD 18.7 PAD 18.3 PAD 18.0 PAD 17.6 PAD 17.2 PAD 16.8 PAD 18.4 PAD 18.7 PAD 19.0 PAD 19.0 PAD 16.8 PAD 16.2 PAD 15.7 PAD 14.7 PAD 15.3 PAD 15.7 PAD 16.0 PAD 16.5 PAD 16.6 KEYNOTES 1 2 3 4 5 6 7 SIGHT VISIBILITY EASEMENT GRANTED BY FINAL PLAT ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 8 Regular Council Meeting 02/16/2021 Page 52 of 324 20172015 2014.5 2014.6 2014.6 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015.5 2015.6 2015.8 2016.3 2016.5 2016.5 2016.6 2016.8 2016.9 2017.1 2017.2 2017.4 2017.4 2017.4 2017.5 2017.7 2020 2%2%2%2% 2015 2015 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 40'20'80' 7 SEE SHEET 6 SEE SHEET 4SEE SHEET 8c2020Rick Engineering Company18-DEC-2020 14:32\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\5048pp07.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript J-5048 PRELIMINARY PLAT FOR COMMON AREA "B-1" THRU "B-5": (RECREATION LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1 THRU "A-11": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) PRV2009-003 PRV1710-002PCZ1708-002 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ#20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28.31-34, 37, 38 OF 8SHEET LOTS 1-235 & COMMON AREA "A-1"-"A-11" & "B-1"-"B-5" BLOCK 31 & 33 GLADDEN FARMS 44+00 45+00 46+00 47+00 48+00 49+00 50+00 51+00 52+00 53+00 54+00 55+00 56+00 0.91% 1% FS 17 .37 HP 0.7% FS 16.32 LP 0.7% HPFS 17.36 0.7% LP F S 16 .6 4 0.7% FS 17.08 HP 0.7% FS 15.89 GB0.7%FS 16.04 0.7 %FS 17.64FS 19.15 (FS 19.63) DRYWELLS 3 VOL REQ 103,200 CF VOL 215,500 CF BOTTOM 10.5 WSEL 13.5 BASIN 8 FS 16.363:14:14:13:1 FG 15.0 FG 15.0 SR-240 - PMESR-240 - PME + + + 118 119 120 124 125 126 127 128 129 130 131 132 133 134 135 137 138 168 169 170 171172173174175 176 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202203 204205 206207208209210 211 CA "A-4"CA "A-5"CA "B-3"CA "A-6"142'128' 2 8 '42 ' 1 28'42'128'28'42'1160' 48' 17 8 9 10 11 12 28 2 2 2 2 2 2 2 W RIHL DR (PUBLIC STREET)(PUBLIC STREET)3 4 4 343 25'R 25'R25'R25'R25'R25'R25'R52'R 45'R 48'R 55'R B 8 B8B8B8A 8 B8 MIKE ETTER BOULEVARD SEQ #20181100137 (PUBLIC STREET) MIKE ETTER BOULEVARD SEQ #20181100137 (PUBLIC STREET) SEQ #20181100137 BLOCK 37 GLADDEN FARMS HDR SEQ #20181100137 BLOCK 37 GLADDEN FARMS HDR 6000 SF 6000 SF 6000 SF 6000 SF 7852 SF 6004 SF 6000 SF 6000 SF 6000 SF 6000 SF6000 SF 6079 SF 6228 SF 6228 SF6228 SF6228 SF6228 SF 6000 SF 6216 SF 6906 SF 6000 SF 6000 SF 6004 SF 6000 SF 6156 SF 6283 SF 6283 SF 6284 SF 6285 SF 6226 SF 6000 SF 6000 SF 6004 SF 6004 SF 6000 SF 6000 SF 6230 SF 6294 SF 6294 SF6294 SF6241 SF 6000 SF 6005 SF 6000 SF 6000 SF 6006 SF 6338 SF 6089 SF 7 21' 1 2 0 ' 12 0 ' 1 2 0 ' 37'10' 3 0' 50'50'50'50' 1 2 0 ' 1 2 0 '50' 50' 50' 50'120'120'120'120'120'120'120'120'120'120'120'120'120'101'20'50 '50 '46 '3' 49'49'49'49'49'17'33'50' 50' 50' 50'50'40' 3' 52 ' 55'55'55'55'55'19'33'50'50' 50' 50' 50'40' 40'50' 50' 67' 72' 87'56'2' 10' 10'40'50' 50'6'41' 46' 46' 48'2' 164' 18 5' 1 4 4'125'120'120'120'101' 115' 125' 129' 134'50'50'50'50'20'50'50'35' 1 6'32'120'115'120'120'120'120'120'120'120'120'120'115'120'120'120'120'120'120'120'120'27 '50 '9 '40 ' 49'49'49'38'11'50' 50 '55 ' 56'56'56' 55' 50'50'50' 50 '35 '20 '29' 14 '28'21'35'14'43'6'49' 50' 50'35'16' 11' 44' 56' 56'56' 56' 30 '23 '50 '134'2 9 '27'57'9995 SF 8685 SF 7749 SF 6624 SF 6563 SF IE 06.8 14.7RIM 244' @ 0.5% IE 08.1 17.1RIM 300' @ 0.5% IE 10.3 17.3RIM 245' @ 0.5% 113' @ 1.0% IE 12.7 16.2RIM 22 7' @ 0.5 %IE 11.1 17.2RIM 113' @ 1.0 %205' @ 1.0%IE 10.9 15.5RIM IE 11.6 17.1RIM 1625 SF1625 SF2178 SFGR ADE B R E AKRI DGE LI NE*GR ADE B R E AKGRADE BREAKRIDGE LINE******142'8888 40' 10' 11 8 ' 5 6 85896 SF N STREET "G"8 N STREET "F"W ST RE E T "D"90.00' 6 CFS SCUPPERS (1) TYPE 3 90.00' 37-7A 33-8C GB GBGBPAD 16.4 PAD 17.0 PAD 17.5 PAD 18.0 PAD 18.5 PAD 19.0 PAD 19.5 PAD 19.8 PAD 19.4 PAD 19.1 PAD 18.8 PAD 18.8 PAD 19.0 PAD 19.2 PAD 19.2 PAD 19.1 PAD 19.1 PAD 19.6 PAD 19.9 PAD 20.1 PAD 19.3 PAD 18.7 PAD 17.8 PAD 18.2 PAD 18.5 PAD 16.0 PAD 16.3 PAD 16.5 PAD 17.3 PAD 18.0 PAD 18.6 PAD 18.7 PAD 18.3 PAD 18.0 PAD 17.6 PAD 17.2 PAD 16.8 PAD 18.4 PAD 18.7 PAD 19.0 PAD 19.0 PAD 18.5 PAD 17.9 PAD 17.4 PAD 16.8 PAD 16.2 PAD 15.7 PAD 15.3 PAD 15.7 PAD 16.0 PAD 16.5 KEYNOTES 1 2 3 4 5 6 7 SIGHT VISIBILITY EASEMENT GRANTED BY FINAL PLAT ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 8 Regular Council Meeting 02/16/2021 Page 53 of 324 2020 2017.4 2018.1 2019.4 2019.7 202 0 2020 2020202020202020 2020 2020 20202020 2020 2020.3 2021.5 2022.3 2023.2 2026.6 2%2%2%2% 2020 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 40'20'80' R/W 5'2' TRAVEL LANE 14' 42' TRAVEL LANE 14'2'5' R/W PER PLAN 2%2% PER SD 200 (TYP) 4" CONC SIDEWALK DTL: TOM46XSRC NO SCALE CL 42' R/W STREET SECTION 1.5'1.5' SD 209 (TYP) 5" WEDGE CURB WHERE SHOWN 10' PUE WHERE SHOWN 10' PUE PER PLAN B 4" ABC 3.5" AC/ 8SEE SHEET 7OF SECTION 35 EAST 1/4 CORNER SECTION 35 NE CORNER OF 60' R/W STREET SECTION R/W 6' (OUTBOUND) TRAVEL LANE 16' 60' (INBOUND) TRAVEL LANE 20'4'8' R/W 6' 5'5'1' 4" ABC 3.5" AC/ MIN 2" AC 1' SD 209 (TYP) CURB AND GUTTER PER 6" TYPE 1G VERTICAL ELEVATION PER PLAN AXIS OF ROTATION CURB PER SD 209 (TYP) 6" TYPE 1 VERTICAL PER SD 200 (TYP) 4" CONC SIDEWALK DTL: TOM60XSVCG-MED NO SCALE 2% PER PLAN PER PLAN 2% > A 1.5'1.5'c2020Rick Engineering Company18-DEC-2020 14:32\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5048_Blocks_31_33\Civil\5048pp08.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript J-5048 PRELIMINARY PLAT FOR COMMON AREA "B-1" THRU "B-5": (RECREATION LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) COMMON AREA "A-1 THRU "A-11": (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) PRV2009-003 PRV1710-002PCZ1708-002 GILA & SALT RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA. 42 AND 43, SEQ#20181100137, SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST BEING A RESUBDIVISION OF BLOCKS 31 AND 33 OF GLADDEN FARMS 28.31-34, 37, 38 OF 8SHEET LOTS 1-235 & COMMON AREA "A-1"-"A-11" & "B-1"-"B-5" BLOCK 31 & 33 GLADDEN FARMS 54+00 55+00 56+00 57+00 58+00 5 9 + 0 0 6 0 + 0 0 61 + 0 0 6 2 + 00 63 + 00 64 + 0 0 65 +00 FS 15.89 GB 0.7 %DRYWELLS 2 VOL REQ 50,100 CF VOL 70,800 CF BOTTOM 11.0 WSEL 14.0 BASIN 9 DRYWELLS 1 VOL REQ 20,500 CF VOL 35,800 CF BOTTOM 12.0 WSEL 13.5 BASIN 6B FG 16.1 FG 17.8 TB 20.0 TB 20.1 15' WI DE B E R MFG 14.0 15' WI DE B E NC HFG 17.7 1819FG 17.74:14:13:14:1 4:13:1 3:1 4:1 4:14:14:13:13:13:1SR-240 - PME SR-240 - PME 114 115 116 117 118 119 120 121 122 123 124 125 126 CA "B-4" CA "B-4" 2 8 '4 2 ' 1 28 27 2 3 4 25'R25'R52'R 45'R 48'R 55'RB8 MIKE ETTER BOULEVARD SEQ #20181100137 (PUBLIC STREET) TR SEQ #20181100137 BLOCK 37 GLADDEN FARMS HDR SEQ #20181100137 BLOCK 34 GLADDEN FARMS 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6000 SF 6114 SF 7380 SF 50' 50' 50' 50' 50' 50' 50' 50' 50' 43' 100 ' 100 ' 21' 12 0 ' 120' 1 2 0 ' 120' 1 2 0 ' 1 2 0 ' 120' 111' 78' 37'10' 3 0'30'50'50'50'50'50'50' 87'56'2' 48'2' 16 4' 18 5' 134'29 '27' 29 57'9995 SF 8685 SF 7749 SF 2 22 7' @ 0.5 %IE 11.1 17.2RIM 11 3' @ 1.0 %IE 12.3 17.7RIM 208101 SF IE 10.0 15.7RIM *GR ADE B R E AKRI DGE LI NE*208101 SF 10' 8 W ST RE E T "D"90.00' 37-8A 33-9A 33-9B FS 14.88 PAD 20.1 PAD 19.3 PAD 18.7 PAD 16.4 PAD 16.8 PAD 17.1 PAD 17.5 PAD 17.8 PAD 18.2 PAD 18.5 PAD 18.8 PAD 18.8 PAD 18.7 KEYNOTES 1 2 3 4 5 6 7 SIGHT VISIBILITY EASEMENT GRANTED BY FINAL PLAT ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 8 Regular Council Meeting 02/16/2021 Page 54 of 324 © Latitude Geographics Group Ltd. 1.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles1.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.570 1:36,112 PRV2009-003 Gladden Farms Blk 31/33 Lots 1-235 Preliminary PlatTown of Marana Planning Marana Town Limits Project Location Regular Council Meeting 02/16/2021 Page 55 of 324 TUCSON - PHOENIX - LAS VEGAS - FLAGSTAFF520.881.7480 - tucson@wlbgroup.comInc.GroupTheWLBM I K EE T T E RB L V D.80'0'160' 240'BLOCK 30ENTRY TREE & SHRUBPLANTING,DECORATIVE PAVING,DECORATIVE ROCKBLOCK 26BLOCK 27OPENSPACE/ PARKDOGPARK IIDOGPARK IGLADDEN FARMS IIBlock 31-33LandscapeConceptM I K EE T T E RB L V D.AUGUST 2020BLOCK 36BLOCK 37ENTRY MONUMENTWALLSENTRY MONUMENTWALLTURFTURFTURFRAMADA, PICNICTABLES, BIKELOOPSRAMADA, PICNICTABLES, BIKELOOPSTURFMULTI-USE PATHWAY,TYPICALMULTI-USE PATHWAY,TYPICALMULTI-USE PATHWAY,TYPICALMULTI-USE PATHWAY,TYPICALPARK ENTRYSIGNMULTI-USEPATHWAY,TYPICALTREE & SHRUBPLANTING,DECORATIVEROCK, TYPICALENTRY TREE &SHRUB PLANTING,DECORATIVE PAVING,DECORATIVE ROCKEL PASO NATURALGAS EASEMENTTREE & SHRUBPLANTING,DECORATIVE ROCK,TYPICALPHASE 1PHASE 2MULTI-USEPATHWAYPHASE 1PHASE 2 P H A S E 1 P H A S E 2 ENTRY COLUMNS,TREE & SHRUBPLANTING,DECORATIVE ROCKRegular Council Meeting 02/16/2021Page 56 of 324 Regular Council Meeting 02/16/2021 Page 57 of 324      Council-Regular Meeting   C2        Meeting Date:02/16/2021   To:Mayor and Council From:Justin Currie, Planner Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-017: Relating to Development; approving a Preliminary Plat for Gladden Farms Block 37 Lots 1-275, Common Areas A-1 - A-14 (Landscape, Utilities, Drainage and Grading), B-1 - B-7 (Recreation, Landscape, Utilities, Drainage and Grading) located east of the intersection of Midfield Road and Mike Etter Boulevard (Justin Currie) Discussion: Request Rick Engineering, on behalf of Crown West Realty LLC, is requesting the approval of a preliminary plat consisting of 275 residential lots and common areas "A" and "B" on approximately 52.3 acres within the Gladden Farms II development. Location The subdivision will be located within Block 37 of the amended Gladden Farms Blocks 28, 31-34, 37, 38, 42 and 43 Final Block Plat (Sequence #20181100137) located east of the intersection of Midfield Road and Mike Etter Boulevard Zoning The zoning for Block 37 is F (Specific Plan - Gladden Farms II) with a land use designation of High Density Residential (HDR).  The HDR land use permits small-lot, single-family detached homes with a minimum lot size of 3,500 square feet.  The proposed plat average lot size is 4,800 square feet. The proposed plat minimum lot size is 4,767 square feet and the proposed maximum lot size is 7,083 square feet.  Transportation The main entry is proposed to be off Mike Etter Blvd., south of Moore Rd., at the northern boundary of the subdivision.  Another entry is proposed off of Birchfield Dr.Regular Council Meeting 02/16/2021 Page 58 of 324 northern boundary of the subdivision.  Another entry is proposed off of Birchfield Dr. along the southern boundary of the subdivision.  The typical internal street section is a 42 foot wide public right-of-way. Park Requirements Per the Gladden Farms II Specific Plan, 185 square feet of on-site recreation area per single-family detached residence is required.  The proposed subdivision is required to have a minimum of 50,875 square feet of recreation area.  The active recreation areas are planned for Common Areas "B-1", "B-3", and a portion of "B-7 totaling approximately 59,072 square feet. Neighborhood Design Plan The Gladden Farms II Specific Plan, adopted by Town Council per Ordinance 2006.03 on March 7, 2006, will serve as the neighborhood design plan for the development of blocks 26 through 43 within the Gladden Farms II Specific Plan area. Planning Commission This preliminary plat was presented to the Planning Commission on January 27, 2021, and received a unanimous recommendation for approval 4-0 (Commissioners Fehrmann and Miller were absent). Staff Recommendation: Staff has reviewed the request against the requirements of the Gladden Farms II Specific Plan, the Marana Land Development Code, the Town Code and the Marana General Plan.  This preliminary plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2021-017 approving a preliminary plat for Gladden Farms Block 37 Lots 1-275, Common Areas A-1 - A-14 (Landscape, Utilities, Drainage and Grading), B-1 - B-7 (Recreation, Landscape, Utilities, Drainage and Grading) located east of the intersection of Midfield Road and Mike Etter Boulevard. Attachments Resolution No. 2021-017 PRV2010-002 Gladden Farms 37 PP Location Map Landscape Concept Plan Application Regular Council Meeting 02/16/2021 Page 59 of 324 00074252.DOCX /1 Resolution No. 2021 -017 - 1 - MARANA RESOLUTION NO. 2021-017 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 37 LOTS 1-275, COMMON AREAS A-1 – A-14 (LANDSCAPE, UTILITIES, DRAINAGE AND GRADING), B -1 – B-7 (RECREATION, LANDSCAPE, UTILITIES, DRAINAGE AND GRADING) LOCATED EAST OF THE INTERSECTION OF MIDFIELD ROAD AND MIKE ETTER BOULEVARD. WHEREAS, on March 7, 2006, the Mayor and Town Council adopted Ordinance No. 2006.03, approving a rezoning to create the Gladden Farms II Specific P lan; and WHEREAS, on December 19, 2006, the Mayor and Town Council adopted Ordinance No. 2006.35, approving the first amendment to the Gladden Farms II Specific Plan; and WHEREAS, on May 16, 2007, the Mayor and Town Council adopted Resolution No. 2007-75, approving the final block plat for Gladden Farms Blocks 26 – 43, recorded in the Pima County Recorder’s Office at Book 62, Page 64; and WHEREAS, on April 17, 2018, the Mayor and Town Council adopted Resolution No. 2018-036, approving the amended final block plat for Gladden Farms Blocks 28, 31 - 34, 37, 38, 42 and 43, recorded in the Pima County Recorder’s Office at Sequence #20181100137; and WHEREAS Rick Engineering, on behalf of Crown West Realty, LLC, has applied for approval of a preliminary plat for a 275-lot single -family residential home subdivision within Block 37 of the amended final block plat for Gladden Farms Blocks 28, 31-34, 37, 38, 42 and 43 located south of the intersection of Moore Road and Mike Etter Blvd.; and WHEREAS the Marana Town Council, at the regularl y scheduled meeting on February 16, 2021, determined that the preliminary plat for Gladden Farms Block 37 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the prelimina ry plat for Gladden Farms Block 37 Lots 1 -275, Common Areas A-1 – A-14, B-1 – B-7 is hereby approved. Regular Council Meeting 02/16/2021 Page 60 of 324 00074252.DOCX /1 Resolution No. 2021 -017 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, thi s 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 61 of 324 2750 X 2751.1 1 2 3 4 5 6 7 8 9 10111213141516 17 2827262524232221201819 29303132 BASIS OF BEARING BASIS OF ELEVATION GENERAL NOTES SOUTH OF THE SOUTHEAST CORNER OF A WELL SITE. ELEVATION = 2011.61 (NAVD 88) CONCRETE BOX W/GRATE. 41'+/- NORTHWEST OF THE WEST QUARTER SECTION 35 AND 16'+/- PIMA COUNTY OPUS CONTROL POINT 11S11E_17. A "+" ON THE SOUTHEAST CORNER OF A S00°30'03"E. "PCHD3" AT THE SOUTHWEST CORNER OF SAID SECTION. SAID BEARING BEING ALUM CAP STAMPED "17436" AT THE WEST QUARTER AND A FOUND 1/2" REBAR TAGGED MERIDIAN, PIMA COUNTY, ARIZONA. SAID LINE MONUMENTED BY A FOUND 1 1/2" OF SECTION 35, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER THE BASIS OF BEARING FOR THIS PROJECT IS WEST LINE OF THE SOUTHWEST QUARTER GENERAL NOTES -CONTINUED ADMINISTRATIVE ADDRESS FLOW ARROW 100'@ 1.00%PROPOSED SEWER MAIN, LENGTH AND SLOPE CURB ACCESS RAMPS SIGHT VISIBILITY TRIANGLE APPROX FINISH SURFACE FS 00.0 EXIST GRADE (0.00) ITEM SYMBOL SUBDIVISION BOUNDARY PROPERTY LINE LEGEND LANDSCAPE BUFFERYARD LIMITS CENTERLINE SECTION LINE EASEMENT BOUNDARY EXIST CONTOUR LINE EXIST SPOT ELEVATION EXIST PAVEMENT EDGE EXIST SEWER LINE W/MH EXIST WATERLINE W/VALVE EXIST UNDERGROUND LINE EXIST GAS LINE PROPOSED STORM DRAIN W/MH 1 IE 43.2 50.2RIM INVERT ELEVATION RIM ELEVATION PROPOSED SEWER MANHOLE DATA APPROX FINISH GRADE FG 00.0 PROPOSED SLOPE EXIST ROW LINE PROPOSED SEWER W/MH W S E G *DRIVEWAY ORIENTATION RIP-RAP DRYWELL EXIST BCSM OWNER/DEVELOPER SHEET INDEX 0' SCALE: 1"= 160' 160'80'320' 1 SEQ #20193310053 BLOCKS 36&40 GLADDEN FARMS SEQ #20181100137 BLOCK 42 GLADDEN FARMS SEQ #20181100137 BLOCK 31-33 GLADDEN FARMS 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56575859606162636465666768697071727374 75767778798081828384 85868788 89 909192939495969798 991001041051061071081091101111121131141151161171181191201211221231241251261271281291301311321351341331381371361401391411 4 2 1 4 3 1 4 4145146147148149150151152153154155156 170169168167166165164157158159160161162163222221220219218217216209210211212213214215184183182181180179178177176175174173172171185186207206205204203202201200199198196195194193192191190189188187197238239240241242243244245208237236235234233232231230229228227226225224223273274275 264265266267268269270 263262261260259 258257256255 251252253254 247248249 246 W MIKE ETTER BOULEVARD STREET "A" STREET "B" STREET "C" STREET "D"STREET "G"STREET "F" STRE E T "E"STREET "G"(PUBLIC STREET) (PUBLIC STREET) (PUBLIC STREET) (PUBLIC STREET) (PUBLIC STREET) (P U B LI C S T R E E T)(PUBLIC STREET)STREET "I"(PUBLIC STREET)(PUBLIC STREET)ACCEPTED FOR MISCELLANEOUS NOTES SEE SHEET 7 STREET "H" (PUBLIC STREET) SHEET 2 SHEET 3 SHEET 4 SHEET 5 SHEET 6 SHEET 7 PRELIMINARY PLAT SHEETS2-7 COVER SHEET1 CA "B-7" CA "A-1" CA "A-4" CA "A-3"CA "B-4"CA "A-6""B-2" CA CA "A-5" CA "B-3" CA "B-1" CA "A-9" CA "A-7" CA "B-7" CA "B-6" CA "B-7" CA "B-5" "B-4" CA CA "A-8" CA "A-13" CA "A-13"CA "A-2"CA "A-12"CA "A-11" CA "A-10" PASO NATURAL GAS PIPELINE, AND ARRANGE FOR AN EPNG STANDBY. ANY CONSTRUCTION ACTIVITY OR HEAVY EQUIPMENT TRAVEL WITHIN 25' OF THE EL CONTRACTOR SHALL CALL IN AN ARIZONA 811 REQUEST AT LEAST 48 HOURS PRIOR TO 27. 41-865.§CONTACTED IMMEDIATELY AT (520) 621-4795, PURSUANT TO A.R.S. MADSEN, REPATRIATION COORDINATOR AT THE ARIZONA STATE MUSEUM, MUST BE OR AT ANYTIME, ALL WORK MUST STOP IN THE AREA OF THE REMAINS AND MR. JOHN IF ANY HUMAN REMAINS OR FUNERARY ITEMS ARE DISCOVERED DURING CONSTRUCTION, 26. DEDICATION DATE. ASSESSMENT MUST BE SUBMITTED, DATED NO MORE THAN 180 DAYS PRIOR TO THE IF EASEMENTS WILL BE DEDICATED TO THE TOWN, A PHASE I ENVIRONMENTAL SITE 25. AND FEE WILL NEED TO BE SUBMITTED TO THE TOWN FOR REVIEW OF BOTH PARCELS. PRIOR TO RECEIVING A GRADING PERMIT, A STORM WATER POLLUTION PLAN (SWPPP) 24. OF MARANA WATER DEPARTMENT. THIS PROJECT LIES WITHIN THE PLANNED WASTEWATER SERVICE AREA OF THE TOWN 23. RESOURCES AS HAVING AN ASSURED WATER SUPPLY. MARANA WATER DEPARTMENT WHICH IS DESIGNATED BY THE DEPARTMENT OF WATER THIS PROJECT LIES WITHIN THE PLANNED WATER SERVICE AREA OF THE TOWN OF 22. OUTDOOR LIGHTING CODE. ALL EXTERIOR LIGHTING SHALL BE PER THE CURRENTLY ADOPTED TOWN OF MARANA 21. ELECTRICAL TRANSMISSION CORRIDORS. GREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV OR ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE 20. THE HOMEOWNER'S ASSOCIATION AND THE TOWN OF MARANA. THESE ITEMS WILL BE REGULATED UNDER THE LICENSE AGREEMENT EXECUTED BETWEEN INSTALLATIONS WITHIN THE RIGHTS-OF-WAY PRIOR TO AND UPON COMPLETION, AS INDEMNIFICATION. THE HOMEOWNER'S ASSOCIATION SHALL REVIEW AND APPROVE ALL A PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND WALLS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHTS-OF-WAY SHALL REQUIRE INSTALLATION OF ITEMS SUCH AS LANDSCAPING, IRRIGATION, SIGNAGE, MONUMENTS, 19.SEQ #20181100137BLOCKS 38GLADDEN FARMSPCZ-05028 PRV-06073F 2712724 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 C A "B-1"34 33 35 36 37 42 41 434445 106107108109110111112113114115116117118119120121122 123 CA "A" CA "A" CA "B" CA "B" CA "B"216215211212213214205206209210207208203204202201200199198131130129128127126CA "A" CA "B"103102101CONTACT: DEAN WINGERT (520) 888-3962 TUCSON, ARIZONA 85705 333 EAST WETMORE ROAD, SUITE 250 c/o CROWN WEST LAND GROUP GLADDEN PHASE II, L.L.C. 10651 WEST MIKE ETTER BOULEVARD, MARANA, ARIZONA 85653N BIRC HF IE L D DR OF MARANA SUBDIVISION STREET STANDARDS. AND 72" ABOVE FINISHED GRADE OF THE ROADWAY SURFACE, AND SHALL CONFORM TO THE TOWN TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30" OBJECTS AND MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACES SO AS NOT 18. TOTAL MILES OF NEW PUBLIC STREETS IS: 1.60 MILES17. COMMON AREAS. CONTROL, SAFETY AND LIABILITY OF PRIVATE DRAINAGEWAYS, DRAINAGE EASEMENTS, AND THE GLADDEN FARMS COMMUNITY ASSOCIATION WILL BE RESPONSIBLE FOR MAINTENANCE, 16. MARANA TOWN COUNCIL. DRAINAGE WILL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE 15. HARMLESS IN THE EVENT OF FLOODING. THE DEVELOPER WILL COVENANT TO HOLD TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNS, 14. ALL SIGNAGE TO BE APPROVED UNDER SEPARATE PERMIT.13. ALL WALLS SHALL BE CONSTRUCTED OF, OR PAINTED, WITH GRAFFITI-RESISTANT MATERIALS.12. THE DESIGN SPEED FOR THESE STREETS IS 25 MPH. THE DESIGN VEHICLE IS WB-40.11. 509,433 SF COMMON AREA "B" (RECREATION, LANDSCAPE, UTILITIES, GRADING AND DRAINAGE )IS 11.7 AC OR COMMON AREA "A" (LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) IS 1.71 AC OR 74,622 SF PUBLIC STREETS IS 9.78 AC OR 425,482 SF OTHER PROPOSED NON-RESIDENTIAL: APPROXIMATE AREA OF PUBLIC STREETS, PARKS, DRAINAGEWAYS, NATURAL OPEN SPACES AND 10. PARKING SPACES PROVIDED: 2 PER GARAGE & 2 PER DRIVEWAY X 275 = 1100 SPACES. GARAGE = 550 SPACES. PARKING SPACES REQUIRED: 2 OFF-SITE SPACES PER UNIT X 275 WITHIN A FULLY ENCLOSED 9. MAXIMUM LOT COVERAGE IS 55%.8. MAXIMUM BUILDING HEIGHT ALLOWED IS 30 FEET.7. -MAY BE REDUCED TO 5 FEET WITH REAR-LOADED GARAGE. -PATIO STRUCTURES: 5 FEET IF OPEN ON 3 SIDES REAR: 10 FEET -ACCESSORY STRUCTURES: 5 FEET -STREET: 10 FEET LINES. -MUST PROVIDE A 3-FOOT ACCESS EASEMENT ON ADJACENT LOT Z-LOT SIDE: 0 FEET. *MAY NOT ENCROACH INTO THE PUBLIC UTILITY EASEMENT, IF REQUIRED -SIDE-LOADED GARAGE: 5 FEET* -FRONT-LOADED GARAGE: 20 FEET -FRONT PORCH: 5 FEET* -MAY BE REDUCED TO 5 FEET WITH SIDE-LOADED GARAGE* FRONT: 10 FEET. MINIMUM SITE SETBACKS;6. SUBDIVISION IS 4767 SF. 7083 SF FOR SMALL LOT SINGLE-FAMILY DETACHED. THE MINIMUM LOT SIZE IN THIS LOT SIZE IS 3,500 SF, THE AVERAGE LOT SIZE IS 4800 SF AND THE MAXIMUM LOT SIZE IS PER THE HDR LAND USE DESIGNATION OF THE GLADDEN FARMS II SPECIFIC PLAN, THE MINIMUM 5. THE TOTAL NUMBER OF RESIDENTIAL LOTS IS 275. DENSITY IS 5.26 RAC.4. RESOLUTION 2019-122. 2018-100, AND THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT ADOPTED BY MARANA THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT ADOPTED BY MARANA RESOLUTION AMENDMENT TO THE DEVELOPMENT AGREEMENT ADOPTED BY MARANA RESOLUTION 2018-074, THE TO THE DEVELOPMENT AGREEMENT ADOPTED BY MARANA RESOLUTION 2006-218, THE SECOND II DEVELOPMENT AGREEMENT ADOPTED BY MARANA RESOLUTION 2006-38, THE FIRST AMENDMENT THIS DEVELOPMENT IS SUBJECT TO THE CONDITIONS AND AGREEMENTS OF THE GLADDEN FARMS AND THE SECOND AMENDMENT ADOPTED BY MARANA ORDINANCE NO. 2018.006 ON MARCH 6, 2018. FIRST AMENDMENT ADOPTED BY MARANA BY ORDINANCE NO. 2006.35 ON DECEMBER 19, 2006 PLAN ADOPTED BY MARANA ORDINANCE NO. 2006.03 ON MARCH 7, 2006, AS AMENDED BY THE THIS SUBDIVISION IS SUBJECT TO THE REQUIREMENTS OF THE GLADDEN FARMS II SPECIFIC 3. THE LAND USE DESIGNATION IS HIGH DENSITY RESIDENTIAL (HDR ZONE). THE EXISTING ZONING IS F (SPECIFIC PLAN - GLADDEN FARMS II) PER ORDINANCE NO. 2006.03. 2. THE GROSS AREA OF THIS DEVELOPMENT IS 52.295 ACRES; 2,277,971 SF. 1.c2020Rick Engineering Company21-DEC-2020 10:22\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5049_Block_37\Civil\5049pp01.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript BLOCK 37 GLADDEN FARMS J-5049 OF 7SHEET PRV2010-002 RANGE 11 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. OF GLADDEN FARMS BLOCKS 26-43, BOOK 62, PAGE 64, SECTION 35, TOWNSHIP 11 SOUTH, BEING A RESUBDIVISION OF BLOCK 37 AND A PORTION OF BLOCK 42 COMMON AREA "B-1"-"B-8": (RECREATION, LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) COMMON AREA "A-1"-"A-14": (LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) LOTS 1-275 & COMMON AREA "A-1"-"A-14" & "B1"-"B-7" PRELIMINARY PLAT FOR 27 26 3534 MOORE ADOR H WY G R A N DE I-10 C AS A LOCATION MAP PROJECT THIS +1005 LON ADAMSROAD16 2 1 1 2 20 6 7 8 9 10 11 12 13 14 15 5 5 5 555 5 3 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SEQ #20071020612 SEQ #20071071340 SEQ #20040110791 SEQ #20032160454 SEQ #20052030148 SEQ #20051970423 SEQ #20061300698 SEQ #20072170310 SEQ #20060970432 SEQ #20051750608 SEQ #20032160452 SEQ #20040700645 SEQ #20201810353 SEQ #20121740308 15 SEQ #2017313007016 3" = 1 MILE SCALE: SEQ #2019053002917 17 1 SEQ #2018250008118 18 19 SEQ #2019291009419 20 SEQ #20193310053 SEQ #20181100137 PIMA COUNTY, ARIZONA G & SRM TOWN OF MARANA PORTION OF SECTION 35, T 11 S, R 11 E Regular Council Meeting 02/16/2021 Page 62 of 324 20172016 20172015 20152015 13 2013.2 2013.3 2013.6 2014.5 2014.6 2014.6 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015.4 2015.5 2015.6 2015.8 2016.3 2016.3 2016.3 2016.5 2016.5 2016.9 2017.4 2017.4 2017.4 2017.5 2017.7 2017.7 2017.9AA H.V.114 2015 2 0 1 5 2%2%2%2% 2015 2015 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 20'40'80'BASIS OF BEARING S 00°30'03" ETAGGED "PCHD3" FND 1/2" REBAR ELEVATION BASIS OF SEE SHEET 4 SEE SHEET 32WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 352644.34'74.82'N 00°32'50" W1744.14'896.47' SECTION 35 CENTER OF WEST QUARTER CORNER STAMPED "17436" FND 1 1/2" ALUM CAP c2020Rick Engineering Company21-DEC-2020 10:22\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5049_Block_37\Civil\5049pp02.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript BLOCK 37 GLADDEN FARMS J-5049 OF 7SHEET PRV2010-002 RANGE 11 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. OF GLADDEN FARMS BLOCKS 26-43, BOOK 62, PAGE 64, SECTION 35, TOWNSHIP 11 SOUTH, BEING A RESUBDIVISION OF BLOCK 37 AND A PORTION OF BLOCK 42 COMMON AREA "B-1"-"B-8": (RECREATION, LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) COMMON AREA "A-1"-"A-14": (LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) LOTS 1-275 & COMMON AREA "A-1"-"A-14" & "B1"-"B-7" PRELIMINARY PLAT FOR 1 2 3 4 5 6 7 8 9 10 11 12 13 7475 7677 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 134 135136 137138 139 140 141 259 260 261 262 263 264 265 266 267 268 269 270 271 273 274 275 C1 |=17 05'24"R=1245.00'L=371.35' CA "A-14"CA "B-7" CA "B-1" "A-1" CA SR-234 - J2 B74 2'2 8' B 7 142'128' A 7 60' 48' 1 42'28'1 42' 1B7 28'18 3 2 12 1 W MIKE ETTER BOULEVARD 45'45'90' (S-2017-008) EXIST 8" PVC SCUPPERS (5) TYPE 3 SCUPPERS (2) TYPE 3 3 4 3 116'137'123'25'129'124'121'120'120'120'120'120'120'120'120'120' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 36' 33' 8' 41'40' 40'35'5'40'40'40'40'40'40'40'40'120' 40'120'120' 40'120'120' 40'120'120' 40'120'120' 40'120'120' 40'120'120' 40'120'120' 40' 36' 12' 27' 20' 19' 40' 40' 40' 40' 40' 40' 40' 25' 18' 46' 46' 46'120'120'120' 1 2 0 ' 47' 47'43' 40' 40' 41'120'120'120'120 '120'120' 38' 40' 40' 39'39'15'25'40'40'40'40'40'40' 40' 40'120' 40'120' 40'120' 40'120' 40'120' 25'120'120' 19' 50' 50' 62' 42' 121' 40' 42' 121' 40' 23' 120'18' 120' 120' 40'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40'43' 134'40' 4 3' 40' 149'43' 56 ' 120' 43'40'40' 120' 40'120'40' 40'120'40' 40'120'40' 40' 120' RID GE LINE GRA DE B REA K 149 ' @ 0 .44% 46 8 ' @ 0.44 % 285' @ 0.44% (E IE=01.26) (W IE=01.24) (RIM=2013.6) EXIST MH #MW-2017-134 POINT OF CONNECTION 3 4 6 5 B7142'28'15674 SF 5313 SF 5035 SF 4879 SF 4809 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4909 SF 5093 SF 5098 SF 5100 SF 4789 SF 4791 SF 4791 SF 5138 SF 5144 SF 4936 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4907 SF 4865 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 5088 SF 5663 SF 5939 SF 4800 SF 4800 SF 4800 SF 4800 SF 4953 SF 185303 SF 12557 SF 3513 SF 26151 SF**B7******7 25'R 25' R 25'R25'R45'R52'R48'R55'R 25'R 25'R25'R2 2 8 8 2 2 2 2 2 320' @ 0.44% 490' @ 0.44% 230' @ 0.44% 404' @ 0.44% IE 04.1 14.4RIM IE 05.7 15.0RIM IE 05.4 14.7RIM IE 06.6 16.5RIM IE 02.0 13.4RIM STREET "A" (PUBLIC STREET) STREET "B" (PUBLIC STREET) (PUBLIC STREE T ) STRE E T "D""F" TEERTS)TEERTS CILBUP( F S 12.40 SEQ #20181100137 BLOCK 31 GLADDEN FARMS (SFR-6) SEQ #20193310053 BLOCK 36-40 GLADDEN FARMS (HDR) 16 17 15 14 13 12 11 10 9 8 7 6 5 218 217 216 215 211 212 213214 205 206209210 207208 203 204 202 201 200 199 198 CA "A-4"3' (PUBLIC STREET) DKT. 13048, PG. 5916 EPNG EASEMENT SEQ#20181100137 9 FG 13.0 SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 2 SINGLE PHASE TRANSFORMER CATV TELE SR-240 - PME+ + 26+00 27+00 28+00 IRRIRR37-1A 37-1B 37-2A 37-2B 37-3A DRYWELLS 2 VOL REQ 45,700 CF VOL 46,300 CF BOTTOM 08.4 WSEL 11.4 BASIN 1 DRYWELLS 2 VOL REQ 45,700 CF VOL 48,500 CF BOTTOM 10.9 WSEL 13.9 BASIN 2 PAD 15.4 PAD 15.6 PAD 15.9 PAD 16.2 PAD 16.5 PAD 14.8 PAD 15.2 PAD 14.1 PAD 14.3 PAD 14.6 PAD 14.9 PAD 15.2 PAD 15.4 PAD 15.7 PAD 15.9 PAD 15.9 PAD 15.7 PAD 19.8 PAD 19.6 PAD 19.3 PAD 19.0 PAD 18.7 PAD 18.4PAD 18.2 PAD 17.9 PAD 17.6 PAD 17.4 PAD 17.2 PAD 17.0 PAD 17.1 PAD 16.2 PAD 16.5 PAD 16.8 PAD 17.2 PAD 17.5 PAD 17.7 PAD 18.0 PAD 18.3 PAD 18.6 PAD 18.9 PAD 19.1 PAD 20.8 PAD 20.5 PAD 20.2 PAD 20.0 PAD 19.7 PAD 19.4 PAD 19.1 PAD 18.9 PAD 18.7 PAD 18.4 PAD 18.2 PAD 17.9 PAD 17.6 PAD 18.3 PAD 18.6 PAD 18.8 PAD 19.1 PAD 19.4 PAD 19.7 PAD 20.0 + + + 272 KEYNOTES 1 2 3 4 5 6 7 8 BY SEPARATE INSTRUMENT 30' PUBLIC SEWER EASEMENT GRANTED SVT EASEMENT BY FINAL PLAT 10'x10' ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 9 Regular Council Meeting 02/16/2021 Page 63 of 324 2018 2020 2016.5 2016.6 2017.4 2018.1 2019.4 2019.7 2020 20202020 2020 2020 20202020 2020 2020202020202020.1 2020.2 2020.3 2021.5 2022.3 2020.48 H.V.113 192%2%2%2% 2020 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 20'40'80'SEE SHEET 2SEE SHEET 5 3 c2020Rick Engineering Company21-DEC-2020 10:22\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5049_Block_37\Civil\5049pp03.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript BLOCK 37 GLADDEN FARMS J-5049 OF 7SHEET PRV2010-002 RANGE 11 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. OF GLADDEN FARMS BLOCKS 26-43, BOOK 62, PAGE 64, SECTION 35, TOWNSHIP 11 SOUTH, BEING A RESUBDIVISION OF BLOCK 37 AND A PORTION OF BLOCK 42 COMMON AREA "B-1"-"B-8": (RECREATION, LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) COMMON AREA "A-1"-"A-14": (LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) LOTS 1-275 & COMMON AREA "A-1"-"A-14" & "B1"-"B-7" PRELIMINARY PLAT FOR 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 565758 596061 6364656667 686970 72 73 7475 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117118119120121 122123124125126127128 129 130 131 132133134 135 |=23 35'40"R=1155.00'L=475.63 ' 71 CA "A-3"CA "A-4"CA "A-5"CA "A-7"CA "A-9""B-4" CA "B-4" CA "A-2" CA "A-6" CA CA "B-2" CA "B-3"SR-234 - J2 1128'42'2142'28'1B7142'28'1A 7 60' 45'142'28'120 21 22 23 24 19 13 14 15 16 17 W MIKE ETTER BOULEVARD 90'45'45' SCUPPERS (4) TYPE 3 SCUPPERS (2) TYPE 3 CATCH BASIN TYPE 1 IE 12.6 21.1RIM120'120'120'120'120'123'121'127'132'135'136'139'142'145'149'152'155'134'24' 31'40'40'40'40'42'44'44'23'21' 44' 43' 43' 40' 40' 40' 40' 40'40'40'40'22'18'33'39'39'39'39'39'39'20'20'40' 40' 40' 40' 30'10'122'28'145'138'131'123'27'41'41'41' 30' 40' 40' 38'10' 3'20'124' 123' 124' 129' 120' 120' 120' 120' 120' 30'38'42'3'40'40'40'40'40'40'40'41'41'40'40'40'40'120 ' 120 '40'40'28'12'30'10'120'120'120'120'120'120'114'120'120'120'120'120'120'120'40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40'40'120'120'120'120'120'120'120'120'120'120'120'120'120'120'120'120'120'120'121'40' 40' 40' 40' 40'18'23' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 36' 40'40' 40' 40' 40' 40' 40' 40' 4' 36' 40'40'118'120'120' 40' 40'120'120' 40'120'120' 40'120'120' 40'117' 31' 40' 40' 40' 40'40'40'40'28'12' 10' 13 '27' 40'120'117' 40' 40' 40' 40'120' 40' 40'120' 40'120'120' 40'120'115'25'16'120'40'120'40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40'120'GRADE BREAKRIDGE LINEGRADE BREAK90' @ 1.0%164' @ 1.1%43' @ 0.44% 64' @ 0.44%139' @ 1.0%34 4 3 3 4 3 4 3 4 4 3 3 4 B74800 SF 4800 SF 4800 SF 4800 SF 9047 SF 5043 SF 5178 SF 5372 SF 5584 SF 5630 SF 5701 SF 5718 SF 5745 SF 5879 SF 6013 SF 6148 SF 6176 SF 5729 SF 5652 SF 5378 SF 5103 SF 5193 SF 4847 SF 5063 SF 4980 SF 4800 SF 4800 SF 4800 SF 4800 SF 4796 SF 4786 SF 4767 SF4800 SF4800 SF 4800 SF4800 SF4800 SF 4800 SF 4800 SF4800 SF 4800 SF4800 SF4800 SF 4805 SF4811 SF4824 SF 4814 SF 4802 SF 4796 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4794 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4789 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4786 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4776 SF 3015 SF35230 SF 70332 SF 4834 SF9600 SF 3245 SF4246 SF 5761 SF2154 SF2496 SF70332 SF B 42' 28' B 7 42' 28' 6 5 *********************25'R 25'R2 5'R25'R 60'R53'R25'R 2 5'R25'R 25'R 25'R25'R25'R 25'R 25'R 7 8 8 8 8 2 2 2 2 2 2 2 2 2 2 2 2 2 276' @ 0.44% 325' @ 0.44% 278' @ 0.44% 404' @ 0.44% 242' @ 0.44% 310' @ 0.44% 274' @ 0.44% IE 13.1 20.7RIM IE 13.0 20.8RIM IE 13.9 21.4RIM IE 12.1 20.5RIM IE 10.7 21.2RIM IE 09.2 18.9RIM IE 07.9 18.3RIM IE 08.5 19.4RIM IE 09.7 21.1RIM IE 11.2 23.1RIM B7B7(PUBLIC STREET) STREET "A"(PUBLIC STREET)STREET "I"(PUBLIC STREET)STREET "B"(PUBLIC STREET)STREET "D"(PUBLIC STREET)SEQ #20181100137BLOCK 38GLADDEN FARMS(SCHOOL)131CA "A-5"130 129 127128 126 RIDGE LINEW/9 NEENAH GRATES R-4999 VANED TYPE L9121'4' 23033 SF 8 2 2 1 1 (PUBLIC STREET) SEQ# 20181100137 1SR-240 - PME 11+00IRRIRRIRRIRR37-5B 37-7A 37-8A DRYWELLS 2 VOL REQ 77,500 CF VOL 90,300 CF BOTTOM 15.5 WSEL 18.5 BASIN 5 DRYWELLS 2 VOL REQ 61,400 CF VOL 170,400 CF BOTTOM 17.1 WSEL 20.1 BASIN 8 PAD 21.8 PAD 21.5 PAD 21.4 PAD 21.7 PAD 22.0 PAD 22.0 PAD 22.0 PAD 21.8 PAD 21.2 PAD 20.9 PAD 22.9 PAD 23.4 PAD 23.9 PAD 23.7 PAD 23.1 PAD 22.5PAD 22.3PAD 21.9PAD 21.6PAD 21.3PAD 21.1PAD 20.8 PAD 20.6 PAD 20.6 PAD 20.7 PAD 20.7 PAD 20.4 PAD 20.1 PAD 19.8 PAD 19.6 PAD 18.9 PAD 19.1 PAD 19.4 PAD 19.7 PAD 20.0 PAD 20.2 PAD 20.4 PAD 20.7 PAD 21.0 PAD 21.3 PAD 21.6 PAD 21.9 PAD 22.1 PAD 22.4 PAD 23.0 PAD 23.3 PAD 23.6 PAD 23.5 PAD 23.3 PAD 23.3 PAD 23.8PAD 24.1PAD 24.3PAD 24.6 PAD 24.9 PAD 25.4 PAD 25.0PAD 24.7 PAD 24.4PAD 24.2PAD 23.9 PAD 23.6PAD 23.3PAD 23.1PAD 22.8PAD 21.6 PAD 21.4 PAD 21.1 PAD 20.8 PAD 20.5 PAD 19.7 PAD 20.0 PAD 20.2 PAD 20.5 PAD 20.8 PAD 21.1 PAD 23.0 PAD 23.3 PAD 23.6 PAD 23.9 PAD 24.1 PAD 24.4 PAD 24.7 PAD 24.7 PAD 24.4 PAD 24.1 PAD 23.8 PAD 23.5 PAD 23.2 PAD 23.2 DRYWELLS 1 VOL REQ 43,000 CF VOL 43,100 CF BOTTOM 14.8 WSEL 17.8 BASIN 7 62 PAD 22.8 KEYNOTES 1 2 3 4 5 6 7 8 BY SEPARATE INSTRUMENT 30' PUBLIC SEWER EASEMENT GRANTED SVT EASEMENT BY FINAL PLAT 10'x10' ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 9 Regular Council Meeting 02/16/2021 Page 64 of 324 20172016 2018 2017.9 2018.2 2018.3 2018.6 2018.16 H.V.114 2015 4:1 3:13:1 2015 20 1 5 2015 2015 2015 2015 2015 2015 2%3:13:14:1 4:112:112 :1 12:10' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 20'40'80'SEE SHEET 5SEE SHEET 2 SEE SHEET 4 4 c2020Rick Engineering Company21-DEC-2020 10:22\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5049_Block_37\Civil\5049pp04.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript BLOCK 37 GLADDEN FARMS J-5049 OF 7SHEET PRV2010-002 RANGE 11 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. OF GLADDEN FARMS BLOCKS 26-43, BOOK 62, PAGE 64, SECTION 35, TOWNSHIP 11 SOUTH, BEING A RESUBDIVISION OF BLOCK 37 AND A PORTION OF BLOCK 42 COMMON AREA "B-1"-"B-8": (RECREATION, LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) COMMON AREA "A-1"-"A-14": (LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) LOTS 1-275 & COMMON AREA "A-1"-"A-14" & "B1"-"B-7" PRELIMINARY PLAT FOR 85 86 87 88 130 131 132 133134 135136 137138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 187 188189 190191 192 193194 195 196 197 199 200 201 202 203 204 205 206 207 238 239 240241 242 243 244245247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 198 C A " A-8"CA "A-9"CA "B-7" "A-12" CA "A-13" CA 42' 1B7 28' 1 42' 28' B7 42' 28' 1 B7 142'28'1B7142'28'17 5 4 25 26 18 3 SCUPPERS (5) TYPE 3 SCUPPERS (3) TYPE 3 4 3 3 4 3 4120'40' 41'120'120' 1 20'120'120'120' 38' 40' 40' 39'39'15'25'40'40'40'40'40'40'40'40'40' 13 '27' 40'120'117' 40' 40'120' 40'28'115' 16' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 25'120' 39' 25'120' 31' 24' 14' 41'55' 55' 46'120' 19' 50' 50' 62'121' 1 2 1' 1 2 0' 1 1 7'121' 1 2 0 ' 14' 37' 27' 11'120' 40'120' 40' 40' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40'120' 40' 40'120' 40' 40' 40'120' 27' 52'120' 1 2 0'115' 25' 16 '120' 40'120'120' 40' 40'39' 1' 40'120' 40'120' 40'120' 40'120' 40'120' 41'120'120' 111'21'56'30' 3 0' 118' 127' 4 0' 4 1' 4 1' 129' 120' 120' 4 0' 4 0' 4 0' 1 0'32'10' 3 1' 120' 4 0' 4 0' 120' 4 0' 4 0' 120' 4 0' 4 0' 121' 4 0' 4 0'120' 2 5' 121' 40' 4 3' 121' 3 9' 4 0' 120' 4 0' 40' 42' 121' 40' 42' 121' 40' 23' 120'18' 120' 120' 40'40' 40'120'40'40'120'40'RID GE LINE GRA DE B REA K G R A D E B R E A K G R A D E B R E A K RI D G E LI N E 285' @ 0.44% 2 8 1' @ 0.4 4%2 9 5' @ 0.4 4 %354' @ 0.44% 202' @ 0.44% 328' @ 0.44% 153' @ 0.44% 3 4B71 42'28'1B74789 SF 4791 SF 4791 SF 5138 SF 5144 SF 4936 SF 6217 SF 5318 SF 5306 SF 4989 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4786 SF 4777 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 5081 SF 5506 SF 5475 SF 13668 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 7083 SF 4778 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4859 SF 4835 SF 4831 SF 5189 SF 4985 SF 4800 SF 4800 SF 4800 SF 4800 SF 4811 SF 4832 SF 4964 SF 4819 SF 4896 SF 4907 SF 4865 SF 4800 SF 4800 SF 4800 SF 185303 SF 6009 SF 4 6 5 3 S F 2496 SFB 7 B 7 42' 28'****************25'R 60'R53'R25'R25'R25'R25 ' R25'R25'R 25 'R 25'R2 2 8 8 2 2 2 2 2 2 2 2 2 2 230' @ 0.44% 404' @ 0.44% IE 06.7 15.2RIM IE 08.1 17.0RIM IE 09.8 18.9RIM IE 05.4 14.7RIM IE 06.6 16.5RIM IE 07.8 16.7RIM IE 09.3 19.0RIM STREET "B" (PUBLIC STREET) STREET "C" (PUBLIC STREET) STREET "D" (PUBLIC STREET) S T R E E T " D" (P U B LI C S T R E E T) RI D G E LI N E 1 5' BASIN CATCH TYPE 1 SEQ #20193310053 BLOCK 36-40 GLADDEN FARMS (HDR) 29 28 27 26 25 23 24 CA "B-1" 21 22 20 19 18 16 17 15 14 13 12 3' W/9 NEENAH GRATES R-4999 VANED TYPE L9 DKT. 13048, PG. 5916 EPNG EASEMENT DKT. 13048, PG. 5916 EPNG EASEMENT SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 2 SINGLE PHASE TRANSFORMER CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 2 SINGLE PHASE TRANSFORMER CATV TELE SR-209 - PG 3 - SINGLE PHASE PEDCATV TELESR-209 - PG 3 - SINGLE PHASE PEDCATVTELESR-209 - PG 3 - SINGLE PHASE PEDCATV TELE 36/40-3A 36/40-3B 37-2A 37-3B 37-3C 37-3A DRYWELLS 3 VOL REQ 107,600 CF VOL 167,100 CF BOTTOM 11.3 WSEL 14.3 BASIN 3 PAD 15.2 PAD 15.4 PAD 15.7 PAD 15.9 PAD 15.9 PAD 15.7 PAD 16.2 PAD 16.2 PAD 16.2 PAD 16.0 PAD 15.8 PAD 16.2 PAD 16.6 PAD 17.0 PAD 17.4 PAD 17.5 PAD 18.6 PAD 18.6 PAD 18.7 PAD 19.0 PAD 19.3 PAD 19.6 PAD 19.9 PAD 20.1 PAD 20.4 PAD 20.7 PAD 18.7 PAD 18.4 PAD 18.2 PAD 17.9 PAD 17.6 PAD 17.1 PAD 17.5 PAD 17.9 PAD 18.3 PAD 18.6 PAD 18.8 PAD 19.1 PAD 19.4 PAD 19.7 PAD 20.0 PAD 20.2 PAD 20.5 PAD 20.8 PAD 21.1 PAD 20.7 PAD 20.4 PAD 20.1 PAD 19.8 PAD 19.6 PAD 19.3 PAD 19.0 PAD 18.7 PAD 18.4 PAD 18.2 PAD 18.0 PAD 18.5 PAD 17.7 PAD 18.3 PAD 18.7 PAD 19.0 PAD 19.3 PAD 19.6 PAD 19.8 PAD 20.1 PAD 20.4 PAD 20.7 PAD 21.0 PAD 21.2 PAD 21.4 PAD 21.1 PAD 20.8 PAD 20.6 PAD 20.3 PAD 20.0 PAD 19.7 PAD 19.4 PAD 19.3 PAD 19.3 SR-209 - PG 2 SINGLE PHASE TRANSFORMER CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PEDCATVTELESR-209 - PG 3 - SINGLE PHASE PEDCATVTELESR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 2 SINGLE PHASE TRANSFORMER CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE ++SR-234 - J2KEYNOTES 1 2 3 4 5 6 7 8 BY SEPARATE INSTRUMENT 30' PUBLIC SEWER EASEMENT GRANTED SVT EASEMENT BY FINAL PLAT 10'x10' ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 9 Regular Council Meeting 02/16/2021 Page 65 of 324 2019 2018 2020 202020202020 2 0 2 0 2020.2 2021.1 2020.48 H.V.113 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 20'40'80' SEE SHEET 3 SEE SHEET 7SEE SHEET 45 2 c2020Rick Engineering Company21-DEC-2020 10:22\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5049_Block_37\Civil\5049pp05.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript BLOCK 37 GLADDEN FARMS J-5049 OF 7SHEET PRV2010-002 RANGE 11 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. OF GLADDEN FARMS BLOCKS 26-43, BOOK 62, PAGE 64, SECTION 35, TOWNSHIP 11 SOUTH, BEING A RESUBDIVISION OF BLOCK 37 AND A PORTION OF BLOCK 42 COMMON AREA "B-1"-"B-8": (RECREATION, LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) COMMON AREA "A-1"-"A-14": (LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) LOTS 1-275 & COMMON AREA "A-1"-"A-14" & "B1"-"B-7" PRELIMINARY PLAT FOR 172173174175176177178179 180 181182183184185186 40 41 42 43 44 45 46 47 48 49 50 51 52 53 116 117118119120121122123124125126127128 129 130 131 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 187 188189 205 206 207 208 209 215 216 217 218 219 220 221 222 223224225226227228229230231232233234235236237238 239 240 171 210 211 212 213 214CA "A-9"CA "A-10"CA "A-11""B-5" CA "B-4" CA CA "B-3" "A-12" CA B7142'28'1B 7 28'42' 1 B 7 42' 28' 1 42' 28' 1 B 742'28'1142'28'1142'28'128'42'B722 24 30 29 31 10 9 8 7 26 27 28 SCUPPERS (3) TYPE 3 SCUPPERS (2) TYPE 3 CATCH BASIN TYPE 1 IE 12.6 21.1RIM 3 4 120' 120'40'40'120 ' 120 ' 120' 120' 120' 120 ' 120'40'40'40'40'40'40'28'12'30'10'40'40'40'40'40'40'40'35'27'40'40'40'36'120 ' 120 ' 120 ' 120 ' 121'40'40'40' 118' 120' 120' 122'30'10'40'12'28' 40' 40' 40' 40' 40' 40' 40' 13 '27'120'117' 40' 40'120' 40'28'115' 16'120' 40'120' 40' 40' 40'120' 40' 40'120'120' 40' 40'120' 40'120'120' 40' 40'39' 1' 40'120'120' 40'120'40' 40'120'29'11'118'115'25'16'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'120'40' 40'119'111'118'120'29'11' 44'16'24' 40'120'120'40' 40' 40' 40' 40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'40'120'40' 40'120'46'120'39' 48'120'40' 47'120'120' 39'121' 40'120'40'120'120'40'120'40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40'120'40'120'40'120'40'120'40'120'40'120'40'120'40'121'120'124' 24'15'37'25'13' RIDGE LINE GRADE BREAK GRADE BREAKRI DGE LI NEGRADE BREAKRIDGE LINEGRADE BREAKRIDGE LINERIDGE LINE 64' @ 0.44%139' @ 1.0%98' @ 1.5%139' @ 1.0%178' @ 0.44%304' @ 0.44% 313' @ 0.44% 153' @ 0.44% 308' @ 0.44% 319' @ 0.44% 3 4 3 4 3 4 4 3 3 43 4 3 4 3 4 4 3 B7B7B74800 SF 4796 SF 4786 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 5859 SF 4793 SF 4800 SF 4814 SF 4800 SF 4786 SF 4777 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4776 SF 4792 SF4800 SF4800 SF4800 SF 4800 SF 4800 SF4800 SF4800 SF4800 SF 4800 SF4800 SF 4800 SF 4800 SF4800 SF 4792 SF4800 SF4800 SF4800 SF 4800 SF 4800 SF4800 SF4800 SF 4800 SF 4800 SF 4800 SF 4800 SF4800 SF 4800 SF5114 SF5148 SF 7509 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4796 SF 4822 SF 3194 SF3015 SF35230 SF 13668 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 5687 SF 5508 SF5101 SF4800 SF 4800 SF 4800 SF 4800 SF4800 SF4800 SF 4800 SF4800 SF 4800 SF4800 SF 4800 SF4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 10678 SF 70332 SF2496 SF42' 28' B 7 B 7 42' 28'**********************2 5'R25'R 25'R25'R 25'R25'R25'R25' R 2 5'R25'R 25'R 25'R 25 'R 25'R8 8 8 8 8 8 2 2 2 2 2 2 2 2 2 2 2 2 2 2 310' @ 0.44% 274' @ 0.44%159' @ 1.0%IE 09.8 18.9RIM IE 10.7 18.8RIM IE 12.1 20.9RIM IE 13.7 21.4RIM IE 14.5 22.1RIM IE 13.1 22.5RIM IE 14.5 21.8RIM IE 13.1 20.7RIM IE 13.0 IE 09.3 19.0RIM IE 10.1 20.0RIM IE 11.5 22.2RIM STREET "I"(PUBLIC STREET)STREET "B"(PUBLIC STREET) (PUBLIC STREET) STREET "C" STREET "D" (PUBLIC STREET) (PUBLIC STREET)STREET "G"(PUBLIC STREET)SEQ #20181100137BLOCK 38GLADDEN FARMS(SCHOOL)SEQ #20181100137BLOCK 38GLADDEN FARMS(C)120'W/9 NEENAH GRATES R-4999 VANED TYPE L9 W/9 NEENAH GRATES R-4999 VANED TYPE L9 1 2 CA "B-4" 8 37-5A 37-5B 37-8B 37-9A DRYWELLS 2 VOL REQ 77,500 CF VOL 90,300 CF BOTTOM 15.5 WSEL 18.5 BASIN 5 DRYWELLS 1 VOL REQ 14,400 CF VOL 27,600 CF BOTTOM 17.1 WSEL 20.1 BASIN 9 PAD 19.9 PAD 20.1 PAD 20.4 PAD 20.7 PAD 19.3 PAD 19.6 PAD 19.9 PAD 20.2 PAD 20.4 PAD 20.7 PAD 21.0 PAD 21.3 PAD 21.6 PAD 21.8 PAD 22.1 PAD 22.4 PAD 22.5 PAD 22.5 PAD 22.4 PAD 22.3 PAD 22.6 PAD 22.8 PAD 22.7 PAD 22.9 PAD 23.2 PAD 23.2 PAD 22.9 PAD 22.6 PAD 22.3 PAD 22.1 PAD 21.8 PAD 21.5 PAD 21.4 PAD 20.8 PAD 21.1 PAD 23.0 PAD 23.3 PAD 23.6 PAD 23.9 PAD 24.1 PAD 24.4 PAD 24.7 PAD 24.7 PAD 24.4 PAD 24.1 PAD 23.8 PAD 23.5 PAD 23.2 PAD 23.2 PAD 24.8PAD 25.1PAD 25.2PAD 24.9 PAD 24.6 PAD 24.4 PAD 24.1PAD 23.8 PAD 23.5 PAD 23.2PAD 23.0 PAD 22.7 PAD 22.4PAD 22.1PAD 20.7 PAD 20.4 PAD 20.7 PAD 21.0 PAD 21.2 PAD 22.0 PAD 22.4 PAD 22.7 PAD 23.0 PAD 23.2 PAD 23.5 PAD 23.8 PAD 24.1 PAD 24.4 PAD 24.6 PAD 24.9 PAD 25.2 PAD 25.5 PAD 25.8 PAD 25.7 PAD 25.4 PAD 24.1PAD 24.4 PAD 24.1PAD 23.8 PAD 23.5PAD 23.2 PAD 23.0PAD 22.7 PAD 22.4PAD 22.1 PAD 21.8PAD 21.6 PAD 21.3PAD 21.1 PAD 21.2 PAD 21.4 PAD 21.1 PAD 20.8 DRYWELLS 2 VOL REQ 61,400 CF VOL 170,400 CF BOTTOM 17.1 WSEL 20.1 BASIN 8 170 KEYNOTES 1 2 3 4 5 6 7 8 BY SEPARATE INSTRUMENT 30' PUBLIC SEWER EASEMENT GRANTED SVT EASEMENT BY FINAL PLAT 10'x10' ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 9 Regular Council Meeting 02/16/2021 Page 66 of 324 201820192018.6 2019.3 202020202021.1 2021.2 3:13:13:1 2020 6 SEE SHEET 4 SEE SHEET 7c2020Rick Engineering Company21-DEC-2020 10:22\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5049_Block_37\Civil\5049pp06.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript BLOCK 37 GLADDEN FARMS J-5049 OF 7SHEET PRV2010-002 RANGE 11 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. OF GLADDEN FARMS BLOCKS 26-43, BOOK 62, PAGE 64, SECTION 35, TOWNSHIP 11 SOUTH, BEING A RESUBDIVISION OF BLOCK 37 AND A PORTION OF BLOCK 42 COMMON AREA "B-1"-"B-8": (RECREATION, LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) COMMON AREA "A-1"-"A-14": (LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) LOTS 1-275 & COMMON AREA "A-1"-"A-14" & "B1"-"B-7" PRELIMINARY PLAT FOR 226227228229230231232233234235236237238 239 240241 242 243 244245 246 247 248 249 250 251 |=45 39'18"R=490.00'L=390.45' CA "B-6" CA "B-7"29.62'142'28'1B7B742'28'15 6 SCUPPERS (3) TYPE 3 SCUPPERS (3) TYPE 3 40' 40' 40' 40' 40' 25' 16 ' 40'120'120' 40' 40'39' 1' 40'120' 40' 40'120' 40' 40'120' 40' 40'120' 40' 40'120' 40' 41'120' 40'120' 40' 40' 40' 40'120'40'120'40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40' 111' 103'21'56'4 0' 30' 3 0' 118' 127' 40'4 0' 4 1' 4 1' 129' 120' 4 0'1 0'32'10' 3 1' G R A D E B R E A K RIDGE LINE GRADE BREAK 2 9 5' @ 0.44 %2 6 8' @ 0.44 %354' @ 0.44%313' @ 0.44% 4 3 4800 SF 4800 SF 4800 SF 4800 SF4800 SF4800 SF 4800 SF4800 SF 4800 SF4800 SF 4800 SF4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4800 SF 4859 SF 5346 SF 4835 SF 4831 SF 5189 SF 4985 SF 4800 SF 185303 SF 40911 SF 42' 28' B 7 *****2 5'R25'R 60'R53'R25'R8 8 2 2 2 2 2 IE 08.1 17.0RIM IE 09.4 18.4RIM STREET "D"(PUBLIC STREET) STREET "D" (PUBLIC STREET)STREET "G"(PUBLIC STREET)SEQ #20181100137 BLOCK 42 GLADDEN FARMS (HDR) (HDR) SEQ #20193310053 BLOCK 36-40 GLADDEN FARMS CA "A-10"CA "A-3"4544 43 42 41 106 107 108 109 110 111 112 113 114 115 116 117 118 CA "B-1" 32 33 34 35 36 37 CA "B-1" 30 31 29 120'N BIRCHFIELD DRIVE (PUBLIC STREET) DKT. 13048, PG. 5916 EPNG EASEMENT 9 42-1A 42-2A 42-3A 42-6A 37-4B 37-4A 37-6A DRYWELLS 3 VOL REQ 81,900 CF VOL 138,100 CF BOTTOM 13.3 WSEL 16.3 BASIN 6 (COMBINED) PAD 17.0 PAD 17.4 PAD 17.5 PAD 18.6 PAD 18.6 PAD 18.8 PAD 18.7 PAD 19.0 PAD 19.3 PAD 19.6 PAD 19.9 PAD 20.1 PAD 20.4 PAD 20.7 PAD 19.3 PAD 19.6 PAD 19.9 PAD 20.2 PAD 20.4 PAD 20.7 PAD 21.0 PAD 21.3 PAD 21.6 PAD 21.8 PAD 22.1 PAD 22.4 PAD 22.5 DRYWELLS 2 VOL REQ 38,800 CF VOL 40,700 CF BOTTOM 13.2 WSEL 16.2 BASIN 4/E (COMBINED) SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 2 SINGLE PHASE TRANSFORMER CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PED CATV TELE SR-209 - PG 3 - SINGLE PHASE PEDCATVTELESR-209 - PG 3 - SINGLE PHASE PEDCATVTELESR-209 - J1 SR-234 - J2 + + KEYNOTES 1 2 3 4 5 6 7 8 BY SEPARATE INSTRUMENT 30' PUBLIC SEWER EASEMENT GRANTED SVT EASEMENT BY FINAL PLAT 10'x10' ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 9 Regular Council Meeting 02/16/2021 Page 67 of 324 20202021.1 2021.2 2023.3 2023.5 2023.5 0' CONTOUR INTERVAL = 1' SCALE: 1"= 40' 20'40'80' MISCELLANEOUS NOTES MISCELLANEOUS NOTES - CONTINUED SEE SHEET 5 SEE SHEET 67 R/W 5'2' TRAVEL LANE 14' 42' TRAVEL LANE 14'2'5' R/W PER PLAN 2%2% PER SD 200 (TYP) 4" CONC SIDEWALK CL 1.5'1.5' SD 209 (TYP) 5" WEDGE CURB WHERE SHOWN 10' PUE WHERE SHOWN 10' PUE PER PLAN 4" ABC 3.5" AC/ DTL: TOM46XSRC NO SCALE B 42' R/W STREET SECTION 60' R/W STREET SECTION R/W 6' (OUTBOUND) TRAVEL LANE 16' 60' (INBOUND) TRAVEL LANE 20'4'8' R/W 6' 5'5'1' MIN 3" AC 1' SD 209 (TYP) CURB AND GUTTER PER 6" TYPE 1G VERTICAL ELEVATION PER PLAN AXIS OF ROTATION CURB PER SD 209 (TYP) 6" TYPE 1 VERTICAL PER SD 200 (TYP) 4" CONC SIDEWALK DTL: TOM60XSVCG-MED NO SCALE 2'2' 2% PER PLANPER PLAN2% > MIN 4" ABC A AREA "C-1". 50,875 SF OF DEVELOPED RECREATIONAL AREA. 59,072 SF IS PROVIDED IN COMMON SHALL BE 185 SF PER SINGLE FAMILY RESIDENCE. THIS PROJECT SHALL REQUIRE MINIMUM AREA (IN SQUARE FEET) FOR PRIVATE, COMMON ON-SITE RECREATION AREAS SMALL-LOT SINGLE-FAMILY DETACHED OF THE HDR LAND USE DESIGNATION, THE PARKS AND TRAILS CONCEPT AND SECTION IV.C.4.E DEVELOPMENT STANDARDS - 10.PER THE GLADDEN FARMS II SPECIFIC PLAN SECTION III.L OPEN SPACE, RECREATION, GUIDELINES TO RESOLVE THE UNCLEAR ISSUE, MATTER OR SITUATION. ISSUE, CONDITION OR SITUATION SHALL BE USED BY THE PLANNING DIRECTOR AS THE OF MARANA LAND DEVELOPMENT CODE THAT ARE APPLICABLE FOR THE MOST SIMILAR COVERED OR PROVIDED FOR IN THE SPECIFIC PLAN, THOSE REGULATIONS IN THE TOWN PLAN. IF AN ISSUE, CONDITION OR SITUATION ARISES FROM THIS PLAN THAT IS NOT THIS PLAT FALLS UNDER THE REQUIREMENTS OF THE GLADDEN FARMS II SPECIFIC 9. INDIVIDUAL RESIDENTIAL UNIT WITHIN THIS BLOCK. UNIFIED SCHOOL DISTRICT UPON THE ISSUANCE OF BUILDING PERMITS FOR EACH SCHOOL IMPROVEMENT IN-LIEU FEE OF $1,200 PER LOT SHALL BE PAID TO THE MARANA PER SECTION 6.5 OF THE GLADDEN FARMS II DEVELOPMENT AGREEMENT, A VOLUNTARY 8. APPROVAL. OBLIGATION FOR THOSE BLOCKS SHALL BE PAID PRIOR TO DEVELOPMENT PLAN THAT ARE NOT SUBDIVIDED AND A DEVELOPMENT PLAN IS THE ONLY PROCESS, THE OBLIGATION, OF $18,625.88, PRIOR TO RELEASE OF ASSURANCES. WITHIN BLOCKS RESIDENTIAL SUBDIVISION PLAT SHALL BE REQUIRED TO PAY THEIR TOTAL SHALL PAY FOR BANK PROTECTION AS SET FORTH HEREINAFTER. THEREFORE, THIS PER SECTION 6,6 OF THE GLADDEN FARMS II DEVELOPMENT AGREEMENT, THE DEVELOPER 7. RECORDED WITH THE BLOCK PLAT AT DOCKET 13063, PAGE 4202. FREQUENT OVERFLIGHT BY GENERAL AVIATION AIRCRAFT. AN AVIATION EASEMENT WAS INFLUENCE AREA AS DELINEATED IN THE 2040 GENERAL PLAN AND IS SUBJECT TO POTENTIAL BUYERS ARE ADVISED THAT THIS PROJECT FALLS IN THE AIRPORT 6. ALL RIP RAP AND EROSION PROTECTION ROCK SHALL BE CORONADO BROWN IN COLOR.5. APPROVAL OF THE TOWN OF MARANA. NO FURTHER LOT SPLITTING OR SUBDIVIDING SHALL BE DONE WITHOUT THE WRITTEN 4. UPON BUILDING PERMIT ISSUANCE FOR EACH LOT. WATER INFRASTRUCTURE, WASTEWATER INFRASTRUCTURE AND PARK IMPACT FEES, DUE THIS PROJECT IS SUBJECT TO ALL APPLICABLE TRANSPORTATION, WATER RESOURCE, 3. COMPLIANCE WITH ANY DEED RESTRICTIONS OR EASEMENTS. THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF APPROVAL OF THIS PLAN DOES NOT AFFIRM, CERTIFY OR APPROVE ANY LAND DIVISION 2. OF MARANA. SHALL BE CONSTRUCTED ACCORDING TO PLANS AS REVIEWED AND APPROVED BY THE TOWN ALL ROADS AND DRAINAGE IMPROVEMENTS WITHIN OR ADJACENT TO THIS SUBDIVISION 1.1FEET ARE NOT ALLOWED IN THE EASEMENT OR ROW. C.LANDSCAPING: TREES, SAGUARO CACTI AND SHRUBS WITH A MATURE HEIGHT OVER 5 WITHIN THE ROW. PEDESTALS, ETC. ARE NOT ALLOWED STRUCTURES SUCH AS POLES, MANHOLES, ROW. FOREIGN UTILITY CONSTANT ELEVATION ACROSS THE ENTIRE WIDTH OF THE UTILITIES) AT A SEPARATION OF 24 INCHES; AND (EXCEPT FOR GRAVITY-FED ANGLE AS POSSIBLE; BELOW THE EPNG PIPELINE; WITH A MINIMUM VERTICAL B. UTILITIES: UTILITIES SHALL CROSS THE EPNG EASEMENT AS NEAR A 90 DEGREE DRAINAGE, NOR WILL THE DRAINAGE BE ALTERED. A. DRAINAGE: THE EPNG EASEMENT, OR RIGHT-OF-WAY (ROW) WILL NOT BE USED FOR EL PASO NATURAL GAS USE REQUIREMENTS:16. REMOVALS OF EXISTING FARM ACCESS AND IRRIGATION CANALS. CONTRACTOR TO COORDINATE WITH OWNER TO DETERMINE EXACT LIMITS AND TIMING OF 15. PURSUANT TO THE GFCFD#2 DA. BY THE GLADDEN FARMS (PHASE II) COMMUNITY FACULTY DISTRICT (GFCFD#2) THE GFCFD#2 DA, THE INTEREST AND THE PUBLIC INFRASTRUCTURE MAY BE ACQUIRED THE GFCFD#2 DA"), IF THE PUBLIC INFRASTRUCTURE IS CONSTRUCTED PURSUANT TO (PHASE II) COMMUNITY FACILITIES DISTRICT) DATED JANUARY 1, 2008 (AS AMENDED, FINANCING, PARTICIPATION AND INTERGOVERNMENTAL AGREEMENT (GLADDEN FARMS THE FINAL SUBDIVISION PLAT. PURSUANT TO THE DISTRICT DEVELOPMENT, ARIZONA REVISED STATUTES, AS AMENDED) MAY BE CONSTRUCTED AS DESCRIBED ON BE "PUBLIC INFRASTRUCTURE" (AS SUCH TERM IS DEFINED IN SECTION 48-701, INTEREST RETAIN AN INTEREST IN THE REAL PROPERTY IN OR UPON WHICH WHAT WOULD THE SUBDIVIDING LAND OWNERS DESIGNATED ON THIS PLAT AND THEIR SUCCESSORS IN 14. FEMA FLOODPLAIN DESIGNATION OF SHADED ZONE X. THIS PROJECT. THE SUBDIVISION IS WITHIN DFIRM MAP 1040 OF 4750 AND HAS A AGENCY (FEMA) 500-YR FLOODPLAIN, WHICH DOES NOT REGULATE THE DEVELOPMENT OF THIS PROPOSED SUBDIVISION IS LOCATED IN THE FEDERAL EMERGENCY MANAGEMENT 13. COMBUSTIBLE CONSTRUCTION. TESTED AND ACCESSIBLE VIA AN ALL WEATHER ACCESS ROAD PRIOR TO ANY ADDITIONAL FIRE PROTECTION MEASURES. ALL HYDRANTS SHALL BE INSTALLED AND OR LOW CLEARANCE, MUST BE EVALUATED BY THE NORTHWEST FIRE DISTRICT FOR BUILDING HAVING LIMITED ACCESS IN EXCESS OF 150 FEET, OR 12% ACCESS GRADE, NORTHWEST FIRE DISTRICT FOR ADDITIONAL FIRE PROTECTION MEASURES. ANY ANY BUILDING OVER 3,600 SQUARE FEET UNDER ONE ROOF MUST BE EVALUATED BY THE 12. PRIOR TO BEGINNING COMBUSTIBLE CONSTRUCTION MATERIALS ON SITE. NORTHWEST FIRE DISTRICT. ALL HYDRANTS MUST BE INSTALLED AND OPERATIONAL STREETS. THE FIRE FLOW REQUIREMENT IS 1,500 GALLONS/MINUTE APPROVED BY FIRE HYDRANTS AT 500 FOOT MAXIMUM INTERVALS SHALL BE INSTALLED WITHIN PUBLIC 11.c2020Rick Engineering Company21-DEC-2020 10:22\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5049_Block_37\Civil\5049pp07.dgnC:\RICK\Projects\RickStandards\Bentley\Bentley SS3\CorpStds_2005\Workspace\Projects\TUC CorpStds 2005\pltcfg\Scripts\TUC_Hybrid.dscript BLOCK 37 GLADDEN FARMS J-5049 OF 7SHEET PRV2010-002 RANGE 11 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. OF GLADDEN FARMS BLOCKS 26-43, BOOK 62, PAGE 64, SECTION 35, TOWNSHIP 11 SOUTH, BEING A RESUBDIVISION OF BLOCK 37 AND A PORTION OF BLOCK 42 COMMON AREA "B-1"-"B-8": (RECREATION, LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) COMMON AREA "A-1"-"A-14": (LANDSCAPE, UTILITIES, GRADING AND DRAINAGE) LOTS 1-275 & COMMON AREA "A-1"-"A-14" & "B1"-"B-7" PRELIMINARY PLAT FOR 51 52 53 54 55 223224225226227228229230 "B-5" CA CA "B-6"29.62'B 7 28'42' 1 11 10 SCUPPERS (2) TYPE 3 40'40'40'67'44'118' 120' 120' 122' 120' 120'30'10'40'12'28'36'30'44'16'24' 40' 40' 40' 40' 40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'120'40' 40'121'120'124' 46'55'56' 24'15'37'25'13'GRADE BREAKRI DGE LI NERIDGE GRADE BREAK LINE 313' @ 0.44% 3 3 4 3 4 4793 SF 4800 SF 4814 SF 6099 SF 5043 SF 5687 SF 5508 SF5101 SF4800 SF 4800 SF 4800 SF 4800 SF4800 SF 40911 SF 10678 SF****25'R25' R 8 2 2 2 10'159' @ 1.0%IE 13.7 21.4RIM IE 15.3 22.2RIM (PUBLIC STREET)SEQ #20181100137BLOCK 38GLADDEN FARMS(C)SEQ #20181100137 BLOCK 42 GLADDEN FARMS (HDR) 113 114 115 116 117 118 119 120 121 CA "A-11"122 123120'42-6A 42-6B 37-9A DRYWELLS 1 VOL REQ 14,400 CF VOL 27,600 CF BOTTOM 17.1 WSEL 20.1 BASIN 9 PAD 21.3 PAD 21.6 PAD 21.8 PAD 22.1 PAD 22.4 PAD 22.5 PAD 22.5 PAD 22.4 PAD 22.3 PAD 22.6 PAD 22.8 PAD 22.8 PAD 22.8 KEYNOTES 1 2 3 4 5 6 7 8 BY SEPARATE INSTRUMENT 30' PUBLIC SEWER EASEMENT GRANTED SVT EASEMENT BY FINAL PLAT 10'x10' ELECTRIC EASEMENT GRANTED TO TEP BY FINAL PLAT 15'x480' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x370' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 15'x240' SIGHT VISIBILITY TRIANGLE (NEAR SIDE) 15'x190' SIGHT VISIBILITY TRIANGLE (FAR SIDE) 1' PUBLIC NO ACCESS EASEMENT GRANTED BY FINAL PLAT COMPANIES AND TOWN OF MARANA BY FINAL PLAT 10' PUBLIC UTILITY EASEMENT GRANTED TO PUBLIC UTILITY 9 Regular Council Meeting 02/16/2021 Page 68 of 324 © Latitude Geographics Group Ltd. 1.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles1.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.570 1:36,112 PRV2010-002 Gladden Farms Blk 37 Lots 1-275 Preliminary Plat Town of Marana Planning Marana Town Limits Project Location Regular Council Meeting 02/16/2021 Page 69 of 324 TUCSON - PHOENIX - LAS VEGAS - FLAGSTAFF520.881.7480 - tucson@wlbgroup.comInc.GroupTheWLB100'0'200' 300'GLADDEN FARMS IIBlock 37 LandscapeConceptM I K EE T T E RB L V D.JANUARY 2021ENTRY MONUMENTWALLS2-RAIL VINYLFENCEBLOCK 42BLOCK 43NORTH PARK 1" = 40'MULTI-USEPATHWAY,TYPICALENTRY TREE & SHRUBPLANTING, DECORATIVEPAVING, DECORATIVE ROCKTREE & SHRUBPLANTING,DECORATIVEROCK,TYPICALWEST PARK 1" = 40'ENLARGEMENT OF CENTRAL PARK 1" = 40'RAMADA, PICNICTABLES, BIKELOOPSTURFTURFTURFTURFHALF-COURTBASKETBALLWITH BENCHESTREE & SHRUBPLANTING,DECORATIVEROCK, TYPICALBLOCK 36-40PARKMULTI-USEPATHWAY,TYPICALMULTI-USE PATHWAY,TYPICALEL PASO NATURALGAS EASEMENTTURFTURFENTRY MONUMENTWALLSTURFENTRY TREE & SHRUBPLANTING,DECORATIVE PAVING,DECORATIVE ROCKTREE & SHRUBPLANTING,DECORATIVEROCK, TYPICALMULTI-USE PATHWAY,TYPICALMULTI-USEPATHWAY,TYPICALENLARGEMENTOF NORTH PARK,SEE LEFTENLARGEMENT OFWEST PARK, SEEBELOW LEFT.ENLARGEMENT OFCENTRAL PARKAREA, SEE BELOWRAMADA, PICNICTABLES, BIKELOOPSMULTI-USEPATHWAY,TYPICALSHADED PLAY2-12 YR-OLDSBENCHES,TYPICALFUTURE MULTI-USEPATH CONNECTIONBLOCK 38BLOCK 36/40DECORATIVECONCRETEDECORATIVEROCK, TYPICALTURFRegular Council Meeting 02/16/2021Page 70 of 324 Regular Council Meeting 02/16/2021 Page 71 of 324 Regular Council Meeting 02/16/2021 Page 72 of 324 Council-Regular Meeting C3 Meeting Date:02/16/2021 To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Gus Myers, Development Engineering Manager Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-018: Relating to Development; approving a Release of Assurances for a portion of Lazy K Bar Ranch and accepting public improvements for maintenance (Keith Brann) Discussion: Lazy K Bar Ranch, Phase 1 consists of lots 1–86 of 178 lots located west of Scenic Drive and north of Pima Farms Road. The final plat for the subdivision was recorded in the Pima County Recorder's Office on 25 March 2019, at Sequence Number 20190840184. The Town has a third party trust assurance agreement assuring the completion of improvements needed to serve the subdivision. The subdivider has completed the improvements serving Lazy K Bar Ranch, Phase 1 acceptable to Town Standards in accordance with the assurance agreement, including the public infrastructure which consists of a potable water distribution system. If approved, this resolution will release the Lazy K Bar Ranch, Phase 1 subdivision assurances and accept the potable water system for maintenance. The sewer improvements are being dedicated to Pima County Regional Wastewater Reclamation Department and the roadways are private. Staff Recommendation: Staff recommends approval of Resolution 2021-018, approving a release of assurances Regular Council Meeting 02/16/2021 Page 73 of 324 Staff recommends approval of Resolution 2021-018, approving a release of assurances for the Lazy K Bar Ranch, Phase 1 and accepting the potable water system for maintenance. Suggested Motion: I move to approve Resolution 2021-018 Attachments Resolution No. 2021-018 Water Distribution Plan Regular Council Meeting 02/16/2021 Page 74 of 324 00074258.DOCX /1 Resolution No. 202 1-018 -1 - MARANA RESOLUTION NO. 202 1-018 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR A PORTION OF LAZY K BAR RANCH AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for ‘Lazy K Bar Ranch Lots 1-178, Common Areas “A-1” & “A-2”(Private Streets), “B-1” & “B-2” (Natural Open Space, Pedestrian, Drainage, Landscape, Public Sewer and Utilities), and “C” (Active Open Space)’ was recorded in the Pima County Recorder’s Office on March 25, 2019, at Sequence No. 20190840184; and WHEREAS the Town has a third party trust assurance agreement (the “Assurance Agreement”) with Pulte Home Company, LLC (the “Subdivider”) and Landmark Title Assurance Agency of Arizona, LLC, under Trust No. 18300-T, recorded in the Pima County Recorder’s office on May 3, 2019, at Sequence No. 20191230059, assuring the completion of public improvements for a portion of Lazy K Bar Ranch, referred to in this resolution as “Lazy K Bar Ranch Phase 1,” consisting of Lots 1-86, and associated common areas (“A-1”, “B-1” and “C”); and WHEREAS the Subdivider has completed the public improvements for Lazy K Bar Ranch Phase 1 acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Coun cil of the Town of Marana as follows: Section 1. The Assurance Agreement for Lazy K Bar Ranch Phase 1 is hereby released. Section 2. The Town accepts for maintenance the potable water system serving Lazy K Bar Ranch Phase 1, consisting of approximately 5,980 linear feet of potable water line, water meters, valves, fire hydrants and appurtenances with an estimated value of $473,600. Regular Council Meeting 02/16/2021 Page 75 of 324 00074258.DOCX /1 Resolution No. 202 1-018 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 76 of 324 APPROVED 03/27/2019 P19PW00039 ASBUILT INFO ONLY 1 1 2019-10-07 ASBUILT 10/ 7 1 9 Regular Council Meeting 02/16/2021 Page 77 of 324    Council-Regular Meeting   C4        Meeting Date:02/16/2021   To:Mayor and Council From:Libby Shelton, Deputy Town Attorney Date:February 16, 2021 Strategic Plan Focus Area: Community Subject:Resolution No. 2021-019: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 38th El Tour de Tucson 28-Mile Event (Jim Conroy) Discussion: The proposed agreement provides that the Town will provide financial support of $7,500 to Perimeter Bicycling as the Event Start Sponsor of the 2021 El Tour de Tucson 28-Mile Event taking place on Saturday, April 10, 2021. For this event, participants, will begin their ride at the Marana Heritage River Park and join the primary El Tour route.  In addition to the 2021 event, this agreement also includes marketing and advertising opportunities for Marana through Perimeter Bicycling. Town marketing will appear in the e-Tail Winds Newsletter and the Town Logo will be on El Tour Route Map, the Main Start/Finish Line, and the official El Tour Jersey, t-shirt, and poster. Financial Impact: Fiscal Year:2021 Budgeted Y/N:Y Amount:$10,000 Staff Recommendation: Staff recommend approval of the agreement.  Suggested Motion: Regular Council Meeting 02/16/2021 Page 78 of 324 I move to adopt Resolution No. 2021-019, approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 38th El Tour de Tucson 28-Mile Event. Attachments Resolution No. 2021-019 Exhibit A Regular Council Meeting 02/16/2021 Page 79 of 324 Resolution No. 2021-019 MARANA RESOLUTION NO. 2021-019 RELATING TO SPECIAL EVENTS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. REGARDING FINANCIAL SUPPORT FO R THE 38TH EL TOUR DE TUCSON 28-MILE EVENT WHEREAS the Town of Marana is dedicated to providing exceptional community events that create opportunities for citizen engagement as directed by the Community focus area of the Town’s Strategic Plan ; and WHEREAS Perimeter Bicycling Association of America, Inc. (“Perimeter”) is a nonprofit corporation responsible for the promotion and production of the annual El Tour de Tucson cycling event, which raises money for nonprofit, charitable entities and brings economic impact to the local commu nity; and WHEREAS the Town and Perimeter desire to enter into an agreement regarding the Town’s participation in and financial support of the 38th El Tour 28-Mile Event; and WHEREAS the Town Council finds that the agreement addressed by this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. for the 38th El Tour 28-Mile Event, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on b ehalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. Regular Council Meeting 02/16/2021 Page 80 of 324 Resolution No. 2021-019 PASSED AND ADOPTED by the Mayor and Council of the Town of M arana, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 81 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-019 00073927.DOC /1 38TH PERIMETER BICYCLING EL TOUR 2 8 -MILE EVENT AGREEMENT - 1 - AGREEMENT BETWEEN THE TOWN OF MARANA AND P ERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. FOR THE 38TH EL TOUR 2 8 -MILE EVENT THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”) and P ERIMETER BICYCLING ASSOCIATION OF AMERICA, INC., an Arizona nonprofit corporation (“Perimeter”). The Town and Perimeter are sometimes collectively referred to in this Agreement as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A. The Town of Marana Strategic Plan Four identifies Community as one of its five focus areas. Under the Community focus area, the Plan includes an initiative to provide exceptional community events that create opportunities for citizen engage ment. B. Perimeter is a nonprofit corporation responsible for the promotion and produ c- tion of the annual El Tour de Tucson cycling event (the “Event”), which raises money for nonprofit, charitable entities and brings economic impact to the local co mmunity. C. The Town and Perimeter desire to enter into an agreement regarding the Town’s participation in and financial support of the 38th El Tour 28-Mile cycling event, taking place on Saturday, April 10, 2021. D. The Town finds that the benefits to the Town r esulting from Perimeter’s promo- tion and production of the 38th El Tour 28-Mile cycling event have a value at least equal to the fair market value of the financial support to be provided to Perimeter by the Town pursuant to this Agreement. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Financial support to be provided by the Town. Pursuant to the terms and conditions of this Agreement, including without limitation paragraph 21 (Termination) below, the Town shall provide financial support of $7,500.00 to Perimeter for the 38th El Tour 28-Mile cycling event within 30 days of the Effective Date of this Agreement. 2. Fee Waiver. The Town will waive fees for park rental and special event permits af- filiated with the Town of Marana start line location. Regular Council Meeting 02/16/2021 Page 82 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-019 00073927.DOC /1 38TH PERIMETER BICYCLING EL TOUR 2 8 -MILE EVENT AGREEMENT - 2 - 3. Other Sponsors. The Parties acknowledge and agree other businesses and organ i- zations are able to become official sponsors of different portions of the Event, and will be known collectively as “Presenting Sponsors.” The Town of Marana will be the Event Start Sponsor of the "Town of Marana 28-Mile Start presented by Gladden Farms ." 4. Event promotion by the Town. In addition to the financial support provided purs u- ant to paragraph 1 above , the Town shall also promote the events through the Town’s media/communication outlets. The Town will use its best efforts to promote the name of all Presenting Sponsors of the Event. Whenever the Town wishes to utilize the name of the Event, or in any other way pu blicizes the Event, the Town shall refer to the Event with the name of all of the Presenting Sponsors. As an Event Start Sponsor of the 38th El Tour 28-Mile cycling event, the Town of Marana will encourage its members and affiliates to participate in the Event. 5. Benefits to be provided to the Town. In exchange for the financial support described in paragraph 1 above, Perimeter shall provide to the Town the benefits and services described in Exhibit A. 6. Books; taxes. Perimeter shall make available to the Town for inspection any books, ledgers or statements kept by Perimeter regarding activities conducted pursuant to this Agreement. Perimeter shall be liable for all taxes applicable to the proceeds received by Perimeter under this Agreement, if any. 7. Effective date and duration. This Agreement shall be effective as of the signature date of the last Party to sign this Agreement (the “Effective Date”), and shall remain in effect until December 31, 2021, unless sooner terminated pursuant to paragraph 21 below. Notwithstanding the foregoing, the indemnification provisions set forth in paragraph 11 below shall survive te rmination of this Agree ment. 8. Relationship of the Parties. In the performance of the services contemplated by this Agreement, Perimeter shall act solely as an independent contractor, and nothing e x- pressed or implied in this Agreement shall be construed to create the relationship of employer and employee, partnership, principal and agent, or to create a joint venture between the Town and Perimeter. 9. Use of names, trademarks, logos and seal. The Town grants Perimeter a limited license to use, at no cost, the Town’s name, logo and seal in Perimeter’s performance of the services described in this Agreement. Perimeter shall not use the Town’s name, logo, and seal for any other pu rpose or use . Perimeter shall not modify, revise or alter the Town’s logo and seal in any way. Perimeter grants the Town a limited license to use, at no cost, Perimeter’s El Tour de Tucson name, trademarks, and logos in the Town’s performance of the services described in this agreement. The Town shall not use Pe- rimeter’s El Tour de Tucson name, trademarks, and logos for any other purpose or use. The Town shall not modify, revise or alter Perimeter’s El Tour de Tucson trademarks and logos in any way. Regular Council Meeting 02/16/2021 Page 83 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-019 00073927.DOC /1 38TH PERIMETER BICYCLING EL TOUR 2 8 -MILE EVENT AGREEMENT - 3 - 10. Insurance. During the term of this Agreement, P erimeter shall maintain insurance from carriers acceptable to the Town with the following required minimum coverages and limits, and the Town shall be named as an additional insured on the comme rcial general liability insurance policy for the purposes of Perimeter’s activities in rel ation to the events covered by this Agreement: Worker’s Compensation: Statutory Employer’s Liability: U.S. $100,000 Commercial General Liability: U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate Business Auto Liability: U.S. $1,000,000 combined single limit a. Perimeter shall deliver one or more certificates of insurance evidencing cove r- age as described in this paragraph 10 to the Town upon execution of this Agreement and prior to commencing any activities pursuant to this Agreement. P erimeter shall also deliver new certificates of insurance each time the policy(s) is updated. All ce r- tificates shall be delivered to the Town’s Legal Department. b. As an additional insured on Perimeter’s commercial general liability policy , the Town shall be provided coverage for any l iability arising out of operations pe r- formed in whole or in part by or on behalf of Perimeter. Perimeter shall deliver ad- ditional insured endorsement(s) along with the certificate(s) of insurance required by subparagraph (a) above. The additional insured endorsement form identification number shall also be included within the description box on the certificate of insu r- ance and the applicable policy number shall be included on the endors ement. c. All policies required pursuant to this paragraph 10 shall be endorsed to con- tain a waiver of transfer of rights of recovery (subrogation) against the Town, its agents, officers, officials, and employees for any claims arising out of Perimeter’s work or service. Endorsements evidencing this waiver of subrogation shall be pro- vided to the Town along with all other insurance documentation required by this paragraph 10. d. The certificate(s) shall also stipulate that the insurance afforded Perimeter shall be primary insurance and that any insurance carried by the Town, its ag ents, officials or employees shall be excess and not contributory insurance to that provi d- ed by Perimeter. Coverage provided by Perimeter shall be primary insurance with respect to all other available sources. e. The insurance requirements specified in this paragraph 10 may not be changed or modified except by written agreement signed by both Pa rties. f. During the term of this Agreement Perimeter shall give the Town at least 30 calendar days’ written notice prior to a planned cancellation or reduction of any coverage required by this paragraph 10. Perimeter shall give the Town immediate notice of any other cancellation or reduction of any coverage required by this para- Regular Council Meeting 02/16/2021 Page 84 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-019 00073927.DOC /1 38TH PERIMETER BICYCLING EL TOUR 2 8 -MILE EVENT AGREEMENT - 4 - graph 10. Cancellation or reduction of any coverage required by this paragraph 10 is grounds for termination of this Agreement by the Town. 11. Indemnification. Perimeter agrees to defend, save, hold harmless, and indemnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from Perimeter’s errors, omissions, or negli gent acts in the performance of services pursuant to this Agreement, or the errors, omissions or negligent acts of any party Perimeter contracts with in the performance of services pursuant to this Agreement, anyone directly or indirectly employed by Perimeter, or anyone for whose acts Perimeter may be li able . 12. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested , to the following addresses: If to the Town, to: TOWN OF MARANA Attn: Town Manager 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 With a copy to: TOWN OF MARANA Attn: Town Attorney 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to P erimeter, to: PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. Attn: TJ Juskiewicz 2609 E. Broadway Boulevard Tucson, Arizona 85716 tj@eltourdetucson.org With a copy to: PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. Attn: Christiana Benson 2609 E. Broadway Boulevard Tucson, Arizona 85716 cbenson015@gmail.com Either Party may from time to time designate any other address for this purpose by written notice to the other Party. All notices under this Agreement shall be deemed received upon actual receipt. 13. Entire agreement. This Agreement constitutes the entire agreement and unde r- standing of the Parties pertaining to the subject matter of the Agreement and supe r- Regular Council Meeting 02/16/2021 Page 85 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-019 00073927.DOC /1 38TH PERIMETER BICYCLING EL TOUR 2 8 -MILE EVENT AGREEMENT - 5 - sedes all offers, negotiations, and other agreements of any kind. All prior and conte m- poraneous agreements, representations and understandings of the Parties, oral or wri t- ten, are superse ded and merged in this Agreement. 14. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 15. Force majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material shor t- ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided herein for the pe r- formance by such Party of such duty or oblig ation shall be extended for a period eq ual to the delay occasioned by such events. 16. Immigration laws. Perimeter warrants that it will at all times comply with all fe d- eral immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23 -214 (A). Perimeter acknowledge s that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a mat erial breach of this Agreement subject to penalties up to and including termination of this Agreement, and that the Town retains the legal right to inspect the papers of any e m- ployee who performs work or services pursuant to this Agreement to ensure compl i- ance with this warranty. 17. Israel Boycott Divestments. Perimeter certifies that it is not currently engaged in, and agrees for the duration of this Agreement to not e ngage in, a boycott of Is rael as defined by A.R.S. §35-393 18. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for termination in certain instances involving conflicts of i nterest. 19. Attorneys’ fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover from the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable atto rneys’ fees in- curred in connection with that civil action. 20. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 21. Termination. a. This Agreement shall be terminated without further action by the Parties if the 38th El Tour de Tucson event, as described in this Agreement, is cancelled for any reason. If the event is cancelled, Perimeter shall refund to the Town all financial support provided by the Town to Perimeter pursuant to paragraph 1 of this Agree- ment within 30 days of cancellation of the event. Regular Council Meeting 02/16/2021 Page 86 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-019 00073927.DOC /1 38TH PERIMETER BICYCLING EL TOUR 2 8 -MILE EVENT AGREEMENT - 6 - b. The parties understand that there is a possibility that the April 10, 2021 event date may be postponed, and the parties agree to abide by the terms set forth in this Agreement if the 38th El Tour Event is postponed to a later date in 2021 c. This Agreement may be terminated without further liability on 30 days’ prior written notice by either Party upon a default by the other Party of any covenant or term of this Agreement, which default is not cured within 30 days of re ceipt of wri t- ten notice of default, except that this Agreement shall not be terminated if the d e- fault cannot re asonably be cured within such 30-day period and the defaulting party has started to cure the default within the 30-day period and diligently purs ues the cure to completion; provided that the grace period for any monetary default is ten days from receipt of written notice. d. This Agreement may be terminated by mutual written agreement of the Pa r- ties. 22. Miscellaneous. a. This Agreement may not be modified e xcept in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or i ntent of such sections or articles of this Agreement. c. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall const i- tute one and the same agreement. [SIGNATURE PAGE FOLLOWS] Regular Council Meeting 02/16/2021 Page 87 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-019 00073927.DOC /1 38TH PERIMETER BICYCLING EL TOUR 2 8 -MILE EVENT AGREEMENT - 7 - IN WITNESS WHERE OF, the Parties have duly executed this instrument below. The “Town”: TOWN OF MARANA, an Arizona munici- pal corporation Ed Honea, Mayor Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date “Perimeter”: PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC., an Arizona nonprofit corporation TJ Juskiewicz, Executive Director Date Federal I.D. # _______________________ STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledge d before me this _____ day of _______________________, 2021 by TJ Juskiewicz, Executive Director of PERIMETER BICY- CLING ASSOCIATION OF AMERICA, INC., an Arizona nonprofit corporation, on behalf of the corporation. (Seal) Notary Public LIST OF EXHIBITS Exhibit A: 28 Mile Event Start Benefits Regular Council Meeting 02/16/2021 Page 88 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-019 00073927.DOC /1 38TH PERIMETER BICYCLING EL TOUR 2 8 -MILE EVENT AGREEMENT 8 Exhibit A 28 Mile Event Start Benefits 1. Official Event Sponsor Title (TOWN OF MARANA EL TOUR DE TUCSON 28 MI EVENT PRESENTED BY GLADDEN FARMS) 2. Mayor or another dignitary has the first right of refusa l to start the event 3. All Medallions that are presented to the 28 mile finishers will carry the name of the Town of Marana on the ribbon that is attached to the 28 mile Medallion 4. All 28 mile placement awards will be named after the Town of M arana: 1 st through 4 th place male and female 5.. Town of Marana logo on El Tour Route Map 6.. Logo on El Tour de Tucson Sponsor Page 7. Link from El Tour de Tucson website to the Town of Marana Website 8. Exposure in Virtual Goodie Bag 9. Branded Town of Marana 28 Mile Presented by ___________ Sponsor Race Packets 10. (4) Town of Marana Sponsor banners (printed by Sponsor) placed along Main Start/Finish Line in Downtown Tucson 11. Town of Marana Logo on EL Tour Jersey (2 nd Edition), T-shirt (2 nd edition), and poster (2nd Edition) 12. Full Page e-Tailwinds Newsletter Ad produced by Town of Marana 13. The Town of Marana will be the Event Start Sponsor of the 38th El Tour 28 -Mile cycling event 14.. Town of Marana 2 -sided promotional banner (printed by Perimeter) for Marana Start/Finish Line Regular Council Meeting 02/16/2021 Page 89 of 324    Council-Regular Meeting   C5        Meeting Date:02/16/2021   To:Mayor and Council From:Kristin Taft, Grants Manager Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-020: Relating to Police Department; approving and authorizing the Town Manager to execute Subrecipient Agreements No. 20-AZDOHS-OPSG-200420-01 and No. 20-AZDOHS-OPSG-200420-02 with the Arizona Department of Homeland Security for purposes of receiving funds under the FFY20 Operation Stonegarden Grant Program (Kristin Taft) Discussion: The Town of Marana has been selected to participate in Operation Stonegarden activities in southern Arizona. Operation Stonegarden is a federally funded program originating with the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding for twelve straight years. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state’s individual goals and objectives. For 2021-2022, the Town was awarded $384,135 under subgrantee agreement number 200420-01 and awarded $39,280 under subgrantee award number 200420-02 with the Arizona Department of Homeland Security to support Operation Stonegarden. Funding will be used to augment and support Border Patrol coverage of egress from the border areas with state, local and tribal police agencies. Through participation in this operation, the Marana Police Department will use its authority to control the routes and reduce the propensity for cross-border crime in the area. Patrols will concentrate on the 109 miles of arterial roadways serving as regional east-west connectors between State Route 77 and I-10 and the more than 57 miles of rural, mostly two-lane roads paralleling I-10 to the west. Regular Council Meeting 02/16/2021 Page 90 of 324 The Marana Police Department's primary goals are to: (1) reduce crime in border communities to improve the quality of life; (2) deter illegal entries through teamwork with other local and federal agencies; (3) assist in apprehending terrorists and weapons illegally entering the United States; and (4) coordinate operations with the U.S. Border Patrol (USBP) Tucson Sector. Marana, in cooperation with U.S. Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and national security concerns. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes traditionally used to smuggle undocumented workers and drugs up from Mexico, five specific areas will be targeted for Stonegarden activities: Area one:  Sandario Rd from Emigh Rd to Avra Valley Rd Area two:  Avra Valley from the Silverbell Mines to I-10 Area three: Silverbell Rd/Twin Peaks Rd Corridor Area four:  I-10 from Twin Peaks Rd to the Pinal County line Area five:  Discretionary area with Marana PD sworn supervisor approval to provide flexibility to the Chief of Patrol, USBP These activities will be coordinated through the USBP. Marana will identify these shift times and locations and address them accordingly. As an active participant in regional planning, emergency operations, and homeland security initiatives, the Marana Police Department has been impacted by increased contacts with illegal entrants and human and narcotics smugglers migrating through the community as focused enforcement has caused a deviated travel pattern from the US Mexican Border along the I-10 corridor. For Operation Stonegarden grant funding, the Town is and has historically been a direct subgrantee of the state, without having the funds pass through another entity, such as Pima County or the City of Tucson.  However, Pima County has traditionally served as the coordinating agency overseeing the committee process used to determine the allocation of funding to the various participating agencies.  Pima County’s decision last calendar year to not accept Operation Stonegarden funding complicated their role in the committee process and as a result, funding agreements have been delayed. Financial Impact: Fiscal Year:2021 Budgeted Y/N:Y Amount:$423,415 Funding has been awarded to support overtime/mileage reimbursement ($384,135) and equipment purchases ($39,280) for 1 portable radio and 5 license plate subscription renewals. There is no match requirement from the Town for the funding. Budget authority already exists in 21500000-7170 and will be transferred to the new Stonegarden project number within the same fund. Staff Recommendation: Regular Council Meeting 02/16/2021 Page 91 of 324 Staff recommends approval of the Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2020 Operation Stonegarden Grant Program. Suggested Motion: I move to adopt Resolution No. 2021-020 approving and authorizing the Town Manager to execute two Subrecipient Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the FY 2020 Operation Stonegarden Grant Program. Attachments Resolution No. 2021-020 Exhibit A - Grant Agreement 200420-01 Exhibit B - Grant Agreement 200420-02 Award Letters Regular Council Meeting 02/16/2021 Page 92 of 324 00074240.DOCX /1 Marana Resolution No. 20 21-020 MARANA RESOLUTION NO. 2021-020 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE SUBRECIPIENT AGR EEMENTS NO. 20-AZDOHS- OPSG-200420-01 AND NO. 20-AZDOHS-OPSG-200420-02 WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURP OSES OF RECEIVING FUNDS UNDER THE FFY20 OPER ATION STONEGARDEN GR ANT PROGRAM WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS the Arizona Department of Homeland Security has awarded grant funding to the Town for the provision of equipment for services provided in coordination with the Operation Stonegarden Program; and WHEREAS the Town Council finds that it is in t he best interests of the community to enter into Sub recipient Agreements with the Arizona Department of Homeland Security to be eligible to receive funds related to the Operation Stonegarden Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Subrecipient Agreements No. 20-AZDOHS-OPSG-200420-01 and No. 20-AZDOHS-OPSG-200420-02 between the Arizona Department of Homeland Security and the Town of Marana, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit s A and B, are hereby approved and the Town Manager is hereby authorized to execute them for and on behalf of the Town of Marana. SECTION 2. The Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Sub recipient Agreements. Regular Council Meeting 02/16/2021 Page 93 of 324 00074240.DOCX /1 Marana Resolution No. 20 21-020 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 94 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 1 SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM OVERTIME-MILEAGE 20-AZDOHS-OPSG-___________ (Enter Subrecipient Agreement number above (e.g., 200XXX-XX) Between The Arizona Department of Homeland Security And (Enter the name of the Subrecipient Agency above) DUNS Number___________ (Enter the DUNS number above) WHEREAS, A.R.S. section 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the (Enter the name of the Subrecipient Agency above) (Subrecipient) for services under the terms of this Agreement (the “Agreement”). I.PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to the Subrecipient, and to specify the rights and responsibilities of the Subrecipient as the recipient of these funds. II.PERIOD OF PERFORMANCE, TERMINATION AND AMENDMENTS This Agreement shall become effective on January 1, 2021 and shall terminate on March 31, 2022. The obligations of the Subrecipient as described herein will survive termination of this agreement. III.DESCRIPTION OF SERVICES The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient’s grant application titled: “OPSG Overtime-Mileage” and funded at $____________ (as may have been modified by the award letter). (Enter funded award amount above) IV.MANNER OF FINANCING The AZDOHS shall under the U.S. Department of Homeland Security grant #EMW -2020-SS- 00017-S01 and CFDA #97.067: a)Provide up to $ to the Subrecipient for services provided under Paragraph III. Payment made by the AZDOHS to the Subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the Regular Council Meeting 02/16/2021 Page 95 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 2 Subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the Subrecipient under this Agreement. V.FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application and award documentation. Therefore, should the project not be completed, the Subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the Subrecipient shall be for only the amount of dollars actually spent by the Subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the Subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI.FINANCIAL AUDIT/PROGRAMMATIC MONITORING The Subrecipient agrees to comply with the record-keeping requirements and other requirements of A.R.S. 35-214 and 35-215. a)In addition, in compliance with the Federal Single Audit Act (31 USC 7501-7507) as amended by the Single Audit Act Amendments of 1996 (P.L. 104-156) and 2 C.F.R. 200.501, the Subrecipient must have a Single Audit or program specific audit conducted in accordance with 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) if the Subrecipient expends more than $750,000 from Federal awards in its previous fiscal year. If the Subrecipient has expended more than $750,000 in Federal dollars, a copy of the Subrecipient’s single audit or program specific audit report for the previous fiscal year and subsequent fiscal years that fall within the period of performance is due annually to AZDOHS within nine (9) months of the Subrecipient’s fiscal year end. b)Failure to comply with any requirements imposed as a result of an audit will suspend reimbursement by AZDOHS to the Subrecipient until the Subrecipient is in compliance with all such requirements. Additionally, the Subrecipient will not be eligible for any new awards until the Subrecipient is in compliance with all such requirements. c)Subrecipients who do not expend more than $750,000 in Federal dollars in the previous fiscal year and subsequent fiscal years that fall within the period of performance must submit to AZDOHS via audits@azdohs.gov, a statement stating they do not meet the threshold and therefore do not have to complete a single audit or program specific audit. d) Subrecipient will be monitored periodically by AZDOHS, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and on-site monitoring visits. Monitoring can involve aspects of the work involved under this Agreement including but not limited to the review and analysis of financial, programmatic, equipment, performance, and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. Subrecipient shall participate in and cooperate with all such monitoring by AZDOHS, and shall provide access to all personnel, documents, and other records as may be requested from time to time by AZDOHS. Subrecipient also shall comply with all requests of AZDOHS that AZDOHS deems necessary to assure the parties’ compliance with their obligations under this Agreement. Regular Council Meeting 02/16/2021 Page 96 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 3 e) The Subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this Agreement. VII. APPLICABLE STANDARDS AND REGULATIONS The Subrecipient must comply with the applicable Notice of Funding Opportunity (NOFO) and Code of Federal Regulations (C.F.R.) 2 C.F.R. 200. The NOFO for this program is hereby incorporated into this Agreement by reference. By accepting this award, the Subrecipient agrees that all allocation and use of funds under this grant will be in accordance with the requirements contained in the NOFO and all other applicable law. Davis Bacon Act HSGP Program subrecipients using funds for construction projects must comply with the Davis- Bacon Act (40 U.S.C. 3141 et seq.). Subrecipients must obtain written approval from AZDOHS prior to use of any HSGP funds for construction or renovation. Subrecipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website https://www.dol.gov/whd/govcontracts/dbra.htm. Insurance Coverage The Subrecipient affirms the organization maintain insurance coverage as described in 2 C.F.R. 200.310. The non-Federal (Subrecipient) entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal (Subrecipient) entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award. National Incident Management System (NIMS) The Subrecipient agrees to remain in compliance with National Incident Management System (NIMS) implementation initiatives as outlined in the applicable NOFO. Environmental Planning and Historic Preservation The Subrecipient shall comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive Orders as applicable. See FEMA publication FP 108-023-1, titled “Environmental Planning and Historic Preservation (EHP) Policy Guidance,” available at https://www.fema.gov/media-library-data/1533321728657- 592e122ade85743d1760fd4747241776/GPD_EHP_Policy_Final_Amendment_GPD_final_508.pd f. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the Federal Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. If ground disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground disturbance and if any archeological resources are discovered, the Subrecipient shall immediately cease construction in that area and notify FEMA, AZDOHS and the appropriate State Historic Regular Council Meeting 02/16/2021 Page 97 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 4 Preservation Office. DHS/FEMA will not fund projects that are initiated without the required EHP review. In addition, the following provisions must be adhered to: Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of the Subrecipient and 2 C.F.R. 200; and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. This includes internal personnel hired on backfill/overtime to deliver training. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed reasonable travel, lodging, meal and incidental expenses not to exceed the State rate. Itemized receipts are required for lodging and travel reimbursements. The Subrecipient will not be reimbursed costs other than travel, lodging, meals and incidentals on travel days for consultants/trainers/training providers. See Travel Costs below. Contractors/Subcontractors The Subrecipient may enter into written subcontract(s) for performance of certain of its functions under the Agreement in accordance with terms established in 2 C.F.R. 200 and the applicable NOFO. The Subrecipient agrees and understands that no subcontract that the Subrecipient enters into with respect to performance under this Agreement shall in any way relieve the Subrecipient of any responsibilities for performance of its duties. The Subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the Subrecipient by any subcontractor or vendor which may result in litigation related in any way to this Agreement. Travel Costs All grant funds expended for travel, lodging, meals and incidentals are subject to the standards of the Subrecipient’s policies and procedures, as well as the State of Arizona Accounting Manual (SAAM). These policies must be applied uniformly to both federally financed and other activities of the Subrecipient. AZDOHS will reimburse at the most restrictive allowability and rate. At no time will the Subrecipient’s reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: https://gao.az.gov/travel. Procurement The Subrecipient shall comply with its own procurement rules/policies and must also comply with Federal procurement rules/policies and all Arizona state procurement code provisions and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The Subrecipient shall not enter into a Noncompetitive (Sole or Single Source) Procurement Agreement, unless prior written approval is granted by the AZDOHS via the Noncompetitive Procurement Request Form. The Noncompetitive Procurement Request Form and instructions are located on the AZDOHS website: https://azdohs.gov/grant-program-forms. Training and Exercise The Subrecipient agrees that any grant funds used for training and exercise must be in compliance with the applicable NOFO. All training must be included and approved in your application and/or approved through the DEMA/AZDOHS training request process prior to execution of training contract(s). All exercises must utilize and comply with the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) guidance for exercise design, development, conduct, evaluation and reporting. The Subrecipient agrees to: Regular Council Meeting 02/16/2021 Page 98 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 5 a) Submit an exercise summary and attendance/sign-in roster to AZDOHS with all related reimbursement requests. b) Email the After Action Report/Improvement Plan (AAR/IP) to the local County Emergency Manager, the AZDOHS Strategic Planner, and the Arizona Department of Military Affairs (DEMA) Exercise Branch within 90 days of completion of an exercise or as prescribed by the most current HSEEP guidance. Communications Equipment All Land Mobile Radio equipment purchased with Homeland Security funds is required to comply with the following: a) P25 (Project 25) standards; b) SAFECOM Guidance (see https://www.dhs.gov/safecom); c) Land Mobile Radio Minimum Equipment Standards as approved by the Statewide Interoperability Executive Committee (SIEC); and d) Arizona's State Interoperable Priority Programming Guide also as approved by the SIEC Nonsupplanting Agreement The Subrecipient shall not use funds received under this Agreement to supplant Federal, State, Tribal or Local funds or other resources that would otherwise have been made available for this program/project. The Subrecipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the Subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the Subrecipient may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. 41-4401—immigration laws and E-Verify requirement. a) The Subrecipient warrants its compliance with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to A.R.S. 23-214, Subsection A (that subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program”). b) A breach of a warranty by Subrecipient regarding compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and the Subrecipient may be subject to penalties to be determined at AZDOHS’s discretion, up to and including termination of this Agreement. c) The AZDOHS retains the legal right to inspect the papers of any Subrecipient employee who works on the Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, to ensure that the Subrecipient is complying with the warranty under paragraph (a) above. Regular Council Meeting 02/16/2021 Page 99 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 6 Property Control Effective control and accountability must be maintained by Subrecipient for all property/equipment purchased under this Agreement. The Subrecipient must adequately safeguard all such property/equipment and must assure that it is used for authorized purposes as described in the NOFO, the grant application as approved by AZDOHS, and 2 C.F.R. 200. The Subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) Property/equipment shall be used by the Subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. Subrecipient is required to maintain and utilize equipment as outlined in 2 C.F.R. 200.313 - Equipment. Any loss, damage, or theft shall be investigated by Subrecipient and reported by Subrecipient to the AZDOHS. Any equipment lost, damaged or stolen shall be replaced by the Subrecipient at the Subrecipient’s expense and an updated Property Control Form shall be submitted to AZDOHS by Subrecipient. b)Nonexpendable Property/Equipment and Capital Assets: a.Nonexpendable Property/Equipment is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $5,000 (Five Thousand Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or systems. b.A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year. c)A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. The Property Control Form can be located at https://azdohs.gov/grant-program-forms. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. d)A physical inventory of Nonexpendable Property/Equipment and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. a.A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated and reported by Subrecipient to AZDOHS immediately. b.Adequate maintenance procedures must be developed to keep the property in good condition. e)When Nonexpendable Property/Equipment and/or Capital Assets are no longer in operational use by the Subrecipient, an updated Property Control Form must be submitted by Subrecipient to AZDOHS immediately. The disposition of equipment shall be in compliance with the AZDOHS Disposition Guidance and 2 C.F.R. 200. If the Subrecipient is requesting disposition of Capital Assets for reasons other than theft, destruction, or loss, the Subrecipient must submit an Equipment Disposition Request Form to AZDOHS and receive approval prior to the disposition. The Equipment Disposition Guidance and Request Form can be found at https://azdohs.gov/grant-program-forms. Regular Council Meeting 02/16/2021 Page 100 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 7 f) Equipment Record Retention Pursuant to 2 C.F.R. 200.333(c), records for real property and equipment acquired with Federal funds must be retained for three (3) years after final disposition. Allowable Costs The allowability of costs incurred under this Agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable Code of Federal Regulations, authorized equipment lists, and guidance documents referenced above. a) The Subrecipient agrees that use of grant funds for any indirect costs that may be incurred must be in accordance with 2 C.F.R. 200 and the applicable NOFO. Indirect costs must be applied for and approved in writing by the AZDOHS prior to expenditure and reimbursement. b) The Subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the Subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with the applicable NOFO. VIII. DEBARMENT CERTIFICATION The Subrecipient is to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. IX. FUNDS MANAGEMENT The Subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with funds from other sources. The Subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The Subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed – it applies in all similar circumstances; and 3) consistently applied – it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the Subrecipient shall include: a) Programmatic Reports The Subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) calendar days of the last day of the quarter in which services are provided. The Subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The Subrecipient shall use the Quarterly Programmatic Report form, which is posted at https://azdohs.gov/grant-program-forms. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire project is completed. If the project has been fully completed and Regular Council Meeting 02/16/2021 Page 101 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 8 implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. b) Subrecipients must provide substantial/detailed information as to the status of completion of the milestones included in the application as approved by AZDOHS. Failure to adequately provide complete information will result in the Quarterly Report being rejected and resubmission will be required. c) Quarterly Programmatic Reports are due: January 15 (for the period from October 1– December 31) April 15 (for the period from January 1 – March 31) July 15 (for the period from April 1 – June 30) October 15 (for the period from July 1 – September 30) d) Final Quarterly Report: The final quarterly report is due no more than fifteen (15) calendar days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). e) Property Control Form – if applicable: The Subrecipient shall provide the AZDOHS a copy of the Property Control Form with the final quarterly report. a. In case of equipment disposition: The Property Control Form shall be updated and a copy provided to AZDOHS no more than forty-five (45) calendar days after equipment disposition, if applicable. The Subrecipient’s use and disposition of equipment must be in compliance with the AZDOHS Disposition Guidance and 2 C.F.R. 200.313. f) Financial Reimbursements The Subrecipient shall provide AZDOHS with requests for reimbursement as frequently as monthly but not less than quarterly. Reimbursement requests are only required when expenses have been incurred. Reimbursement requests shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The Subrecipient shall submit a final reimbursement request for expenses received and invoiced prior to the end of the period of performance. The final reimbursement must be received by AZDOHS no more than forty-five (45) calendar days after the end of the period of performance. Requests for reimbursement received by AZDOHS later than forty-five (45) calendar days after the end of the period of performance will not be paid. The final reimbursement request as submitted shall be marked as final. Subrecipients will only be reimbursed for expenses that have been obligated, expended and received within the authorized Period of Performance as identified in Section II of this Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start date of the Period of Performance. Any expenses obligated or expended prior to the Period of Performance start date will be deemed unallowable and will not be reimbursed. Any expenses/services that occur beyond the Period of Performance (i.e. cell phone service) will be deemed unallowable and will not be reimbursed. Regular Council Meeting 02/16/2021 Page 102 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 9 The AZDOHS requires that all requests for reimbursement are submitted via United States Postal Service, FedEx, UPS, etc. or in person. Reimbursement requests submitted via fax or by any electronic means will not be accepted. The AZDOHS reserves the right to request and/or require any supporting documentation and/or information it feels necessary in order to process reimbursements. Subrecipient shall promptly provide AZDOHS with all such documents and/or information. All reports shall be submitted to the contact person as described in Paragraph XXXVII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The Subrecipient may not assign any rights hereunder without the express, prior written agreement of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representatives of the Subrecipient and the AZDOHS. In the event of any new legislation, laws, ordinances, or rules affecting this Agreement, the parties agree that the terms of this Agreement shall automatically incorporate the terms of such new legislation, laws, ordinances, or rules. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient’s compensation, if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding paragraph. The Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES Article A - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired in conjunction with this Agreement by the Subrecipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, the Subrecipient must request instructions from DHS/FEMA via AZDOHS by submitting an Equipment Disposition Request Form in order to make proper disposition of the equipment pursuant to 2 C.F.R. 200.313. Article B – Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the changes to this Agreement and the incorporation of such changes into this Agreement. Article C - Procurement of Recovered Materials The Subrecipient hereby acknowledges and agrees that it must comply with section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6962) and that the requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article D - Whistleblower Protection Act Regular Council Meeting 02/16/2021 Page 103 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 10 The Subrecipient hereby acknowledges and agrees that it must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C. 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. section 4304 and 4310. Article E - Use of DHS Seal, Logo and Flags Subrecipient hereby acknowledges that it must obtain DHS’s approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article F - USA Patriot Act of 2001 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act, P.L. 107-56), which amends 18 U.S.C. section 175– 175c. Article G – Universal Identifier and System of Award Management (SAM) Subrecipient hereby acknowledges and agrees that is must comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. Article H - Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and, Performance Matters located at 2 C.F.R. Part 200 Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. Article I - Rehabilitation Act of 1973 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, P. L. No. 93-112 (1973) (codified as amended at 29 U.S.C. 794), which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article J - Trafficking Victims Protection Act of 2000 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104). The award term is located at 2 C.F.R. Part 175.15, the full text of which is incorporated here by reference. Article K - Terrorist Financing The Subrecipient hereby acknowledges and agrees that it must comply with U.S. Executive Order 13224 and all U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Subrecipient to ensure compliance with all such laws and U.S. Executive Order 13224. Article L - SAFECOM The Subrecipient hereby acknowledges and agrees that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must Regular Council Meeting 02/16/2021 Page 104 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 11 comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article M - Reporting Subawards and Executive Compensation All subrecipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. Article N – Department and Suspension The Subrecipient hereby acknowledges and agrees that it is subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict Federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. Article O - Copyright The Subrecipient hereby acknowledges and agrees that it must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Article P - Civil Rights Act of 1964 - Title VI The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), codified at 6 C.F.R. Part 21 and 44 C.F.R. Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article Q - Best Practices for Collection and Use of Personally Identifiable Information (PII) The Subrecipient hereby acknowledges and agrees that if it collects PII, it is required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII it collects. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Subrecipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article R - Americans with Disabilities Act of 1990 The Subrecipient hereby acknowledges and agrees that it shall comply with all State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 and the requirements of Titles I, II, and III of the Americans with Disabilities Act, P.L. No. 101-336 (1990) (codified as amended at 42 US.C. 12101-12213), which prohibit subrecipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article S - Age Discrimination Act of 1975 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article T - Activities Conducted Abroad Regular Council Meeting 02/16/2021 Page 105 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 12 The Subrecipient hereby acknowledges and agrees that it must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article U - Acknowledgement of Federal Funding from DHS The Subrecipient hereby acknowledges and agrees that it must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article V - DHS Specific Acknowledgements and Assurances Subrecipient hereby acknowledges and agrees—and agrees to require any contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Subrecipient hereby agrees to cooperate with any compliance review or complaint investigation conducted by DHS and/or AZDOHS. 2. Subrecipient hereby agrees to give DHS access and AZDOHS to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Subrecipient hereby agrees to submit timely, complete, and accurate reports to the appropriate DHS and AZDOHS officials and maintain appropriate backup documentation to support the reports. 4. Subrecipient hereby agrees to comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. Article W - Assurances, Administrative Requirements and Cost Principles, and Audit Requirements The Subrecipient hereby acknowledges and agrees that it must complete OMB Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs as applicable. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article X - Patents and Intellectual Property Rights Unless otherwise provided by law, the Subrecipient hereby acknowledges and agrees that it is subject to the Bayh-Dole Act, P.L. 96-517, codified in 35 U.S.C. 200 et seq., and that it is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards that are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. 401.14. Article Y – Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All Regular Council Meeting 02/16/2021 Page 106 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 13 subrecipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article Z – National Environmental Policy Act All subrecipients must comply with the requirements of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., and the Council on Environmental Quality (CEQ) Regulations (40 C.F.R. Parts 1500-1508) for Implementing the Procedural Provisions of NEPA, which requires Subrecipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article AA - Lobbying Prohibitions The Subrecipient hereby acknowledges and agrees that it must comply with 31 U.S.C. 1352, and acknowledges and agrees that none of the funds provided under this Agreement may be used to pay any person to influence, or attempt to influence an officer or employee of any agency (whether State or Federal), a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action related to a Federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article AB - Limited English Proficiency (Civil Rights Act of 1964, Title VI) The Subrecipient hereby acknowledges and agrees that it must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance- published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article AC - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990 and the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. section 2225(a), the Subrecipient hereby acknowledges and agrees that it must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with all applicable fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. section 2225. Article AD - Fly America Act of 1974 The Subrecipient hereby acknowledges and agrees that it must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article AE - Federal Leadership on Reducing Text Messaging while Driving All subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in U.S. Executive Order 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Regular Council Meeting 02/16/2021 Page 107 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 14 Article AF - Federal Debt Status The Subrecipient hereby acknowledges and agrees that it is required to be non-delinquent in its repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Article AG - False Claims Act and Program Fraud Civil Remedies The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of The False Claims Act (31 U.S.C. 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the Federal government. See also 31 U.S.C. 3801-3812 which details the administrative remedies for false claims and statements made. Article AH - Energy Policy and Conservation Act The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of The Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. 6201 et. seq.) which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article AI - Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. Article AJ - Duplication of Benefits Any cost allocable to a particular Federal award, provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a subrecipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Article AK - Drug-Free Workplace Regulations The Subrecipient hereby acknowledges and agrees that it must comply with the drug-free workplace requirements in Subpart B (or Subpart C, if the Subrecipient is an individual) of 2 C.F.R. part 3001, which adopts the Government-wide implementation (2 C.F.R. part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8106). Article AL - Civil Rights Act of 1968 The Subrecipient hereby acknowledges and agrees that it must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (see 24 C.F.R. 100.201). Regular Council Meeting 02/16/2021 Page 108 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 15 Article AM - Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Per 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018): 1. AZDOHS Subrecipients may not use any FEMA funds under open or new awards to: a. Procure or obtain any equipment, system, or service that uses “covered telecommunications equipment or services” (as defined in ¶2 of this Article AM) as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 2. For purposes of this Article AM “covered telecommunications equipment or services” means: a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); b. Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such equipment; or d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China. 3. FEMA grant funding may be permitted to procure replacement equipment and services impacted by this Article AM. Subrecipients should refer to applicable program guidance or contact the AZDOHS to determine if replacement equipment or services are eligible under the awarded grant program. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by the Subrecipient’s contractors and subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period, which may not be changed except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. Regular Council Meeting 02/16/2021 Page 109 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 16 XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the Subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the Subrecipient give a written assurance of intent and ability to perform. If the Subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVIII. THIRD PARTY ANTITRUST VIOLATIONS The Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfillment of this Agreement. XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations under A.R.S. 35-154. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the Subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) calendar days of the events giving the rise to the dispute. Any claim made by or against the State or any of its political subdivisions (including but not limited to AZDOHS) relating to this Agreement shall be resolved through the administrative claims process. In the event that the parties would otherwise be in court and/or if A.R.S. 12-1518 applies, the parties shall proceed in arbitration through the American Arbitration Association (“AAA”), with the arbitrator to be selected pursuant to AAA rules and the arbitration to be conducted according to the applicable AAA rules, and with the costs of arbitration (including but not limited to the arbitrator’s fees and costs) to be divided 50/50 between the parties, subject to reallocation between the parties by the arbitrator. In the event that the parties become involved in litigation with each other relating to this Agreement for any reason in any other forum, both parties Regular Council Meeting 02/16/2021 Page 110 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 17 agree to have any claim(s) resolved in arbitration on the terms set forth in this part XXII. Any arbitration award may be enforced through the Maricopa County Superior Court or the U.S. District Court located in Phoenix, Arizona. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party’s failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXV. LICENSING The Subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVII. ADVERTISING AND PROMOTION OF AGREEMENT The Subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the prior written approval of the AZDOHS. XXVIII. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL The Subrecipient acknowledges that the DHS and the AZDOHS reserve a royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The Subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding XXIX. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the Subrecipient shall include closed captioning of the verbal content of such announcement. XXX. INDEMNIFICATION Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily Regular Council Meeting 02/16/2021 Page 111 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 18 injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona (AZDOHS) is self-insured per A.R.S. 41-621. In addition, should Subrecipient utilize a contractor(s) and subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the (insert name of other governmental entity) and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. XXXI. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the Subrecipient or AZDOHS to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses, and permits or to make satisfactory progress in performing the Agreement. A party invoking the right to terminate shall provide written thirty (30) day advance notice of the termination and the reasons for it to the other party. b) If the Subrecipient chooses to terminate the Agreement before the grant deliverables have been met, then the AZDOHS reserves the right to collect all reimbursements distributed to the Subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those that otherwise would have been provided by Subrecipient under this Agreement. The Subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the Subrecipient. XXXII. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The Subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. Regular Council Meeting 02/16/2021 Page 112 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 19 XXXIII.PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXIV.COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one Agreement. XXXV.AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the Subrecipient represents and warrants that he or she is duly authorized to execute this Agreement on behalf of the Subrecipient. XXXVI.SPECIAL CONDITIONS a)The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b)The Subrecipient is prohibited from transferring funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). c)The Subrecipient agrees to comply with the U.S. Department of Homeland Security regulation 6 C.F.R Part 19, which prohibits discrimination based on religion in social service programs Regular Council Meeting 02/16/2021 Page 113 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 20 XXXVII.NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 The Subrecipient shall address all programmatic and reimbursement notices relative to this Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov. The AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name Above Enter Agency Name Above Enter Street Address Above Enter City, State, ZIP Above XXXVII.IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security Enter Agency Name Above Authorized Signature Above Gilbert M. Orrantia Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) Regular Council Meeting 02/16/2021 Page 114 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 1 SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM EQUIPMENT 20-AZDOHS-OPSG-___________ (Enter Subrecipient Agreement number above (e.g., 200XXX-XX) Between The Arizona Department of Homeland Security And (Enter the name of the Subrecipient Agency above) DUNS Number___________ (Enter the DUNS number above) WHEREAS, A.R.S. section 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the (Enter the name of the Subrecipient Agency above) (Subrecipient) for services under the terms of this Agreement (the “Agreement”). I.PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to the Subrecipient, and to specify the rights and responsibilities of the Subrecipient as the recipient of these funds. II.PERIOD OF PERFORMANCE, TERMINATION AND AMENDMENTS This Agreement shall become effective on January 1, 2021 and shall terminate on March 31, 2022. The obligations of the Subrecipient as described herein will survive termination of this agreement. III.DESCRIPTION OF SERVICES The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient’s grant application titled: “OPSG Equipment” and funded at $____________ (as may have been modified by the award letter). (Enter funded award amount above) IV.MANNER OF FINANCING The AZDOHS shall under the U.S. Department of Homeland Security grant #EMW-2020- SS-00017-S01 and CFDA #97.067: a)Provide up to $ to the Subrecipient for services provided under Paragraph III. Payment made by the AZDOHS to the Subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the Regular Council Meeting 02/16/2021 Page 115 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 2 Subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the Subrecipient under this Agreement. V.FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application and award documentation. Therefore, should the project not be completed, the Subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the Subrecipient shall be for only the amount of dollars actually spent by the Subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the Subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI.FINANCIAL AUDIT/PROGRAMMATIC MONITORING The Subrecipient agrees to comply with the record-keeping requirements and other requirements of A.R.S. 35-214 and 35-215. a)In addition, in compliance with the Federal Single Audit Act (31 USC 7501-7507) as amended by the Single Audit Act Amendments of 1996 (P.L. 104-156) and 2 C.F.R. 200.501, the Subrecipient must have a Single Audit or program specific audit conducted in accordance with 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) if the Subrecipient expends more than $750,000 from Federal awards in its previous fiscal year. If the Subrecipient has expended more than $750,000 in Federal dollars, a copy of the Subrecipient’s single audit or program specific audit report for the previous fiscal year and subsequent fiscal years that fall within the period of performance is due annually to AZDOHS within nine (9) months of the Subrecipient’s fiscal year end. b)Failure to comply with any requirements imposed as a result of an audit will suspend reimbursement by AZDOHS to the Subrecipient until the Subrecipient is in compliance with all such requirements. Additionally, the Subrecipient will not be eligible for any new awards until the Subrecipient is in compliance with all such requirements. c)Subrecipients who do not expend more than $750,000 in Federal dollars in the previous fiscal year and subsequent fiscal years that fall within the period of performance must submit to AZDOHS via audits@azdohs.gov, a statement stating they do not meet the threshold and therefore do not have to complete a single audit or program specific audit. d) Subrecipient will be monitored periodically by AZDOHS, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and on-site monitoring visits. Monitoring can involve aspects of the work involved under this Agreement including but not limited to the review and analysis of financial, programmatic, equipment, performance, and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. Subrecipient shall participate in and cooperate with all such monitoring by AZDOHS, and shall provide access to all personnel, documents, and other records as may be requested from time to time by AZDOHS. Subrecipient also shall comply with all requests of AZDOHS that AZDOHS deems necessary to assure the parties’ compliance with their obligations under this Agreement. Regular Council Meeting 02/16/2021 Page 116 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 3 e) The Subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this Agreement. VII. APPLICABLE STANDARDS AND REGULATIONS The Subrecipient must comply with the applicable Notice of Funding Opportunity (NOFO) and Code of Federal Regulations (C.F.R.) 2 C.F.R. 200. The NOFO for this program is hereby incorporated into this Agreement by reference. By accepting this award, the Subrecipient agrees that all allocation and use of funds under this grant will be in accordance with the requirements contained in the NOFO and all other applicable law. Davis Bacon Act HSGP Program subrecipients using funds for construction projects must comply with the Davis- Bacon Act (40 U.S.C. 3141 et seq.). Subrecipients must obtain written approval from AZDOHS prior to use of any HSGP funds for construction or renovation. Subrecipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website https://www.dol.gov/whd/govcontracts/dbra.htm. Insurance Coverage The Subrecipient affirms the organization maintain insurance coverage as described in 2 C.F.R. 200.310. The non-Federal (Subrecipient) entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal (Subrecipient) entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award. National Incident Management System (NIMS) The Subrecipient agrees to remain in compliance with National Incident Management System (NIMS) implementation initiatives as outlined in the applicable NOFO. Environmental Planning and Historic Preservation The Subrecipient shall comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive Orders as applicable. See FEMA publication FP 108-023-1, titled “Environmental Planning and Historic Preservation (EHP) Policy Guidance,” available at https://www.fema.gov/media-library-data/1533321728657- 592e122ade85743d1760fd4747241776/GPD_EHP_Policy_Final_Amendment_GPD_final_508.pd f. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the Federal Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. If ground disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground disturbance and if any archeological resources are discovered, the Subrecipient shall immediately cease construction in that area and notify FEMA, AZDOHS and the appropriate State Historic Regular Council Meeting 02/16/2021 Page 117 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 4 Preservation Office. DHS/FEMA will not fund projects that are initiated without the required EHP review. In addition, the following provisions must be adhered to: Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of the Subrecipient and 2 C.F.R. 200; and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. This includes internal personnel hired on backfill/overtime to deliver training. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed reasonable travel, lodging, meal and incidental expenses not to exceed the State rate. Itemized receipts are required for lodging and travel reimbursements. The Subrecipient will not be reimbursed costs other than travel, lodging, meals and incidentals on travel days for consultants/trainers/training providers. See Travel Costs below. Contractors/Subcontractors The Subrecipient may enter into written subcontract(s) for performance of certain of its functions under the Agreement in accordance with terms established in 2 C.F.R. 200 and the applicable NOFO. The Subrecipient agrees and understands that no subcontract that the Subrecipient enters into with respect to performance under this Agreement shall in any way relieve the Subrecipient of any responsibilities for performance of its duties. The Subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the Subrecipient by any subcontractor or vendor which may result in litigation related in any way to this Agreement. Travel Costs All grant funds expended for travel, lodging, meals and incidentals are subject to the standards of the Subrecipient’s policies and procedures, as well as the State of Arizona Accounting Manual (SAAM). These policies must be applied uniformly to both federally financed and other activities of the Subrecipient. AZDOHS will reimburse at the most restrictive allowability and rate. At no time will the Subrecipient’s reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: https://gao.az.gov/travel. Procurement The Subrecipient shall comply with its own procurement rules/policies and must also comply with Federal procurement rules/policies and all Arizona state procurement code provisions and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The Subrecipient shall not enter into a Noncompetitive (Sole or Single Source) Procurement Agreement, unless prior written approval is granted by the AZDOHS via the Noncompetitive Procurement Request Form. The Noncompetitive Procurement Request Form and instructions are located on the AZDOHS website: https://azdohs.gov/grant-program-forms. Training and Exercise The Subrecipient agrees that any grant funds used for training and exercise must be in compliance with the applicable NOFO. All training must be included and approved in your application and/or approved through the DEMA/AZDOHS training request process prior to execution of training contract(s). All exercises must utilize and comply with the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) guidance for exercise design, development, conduct, evaluation and reporting. The Subrecipient agrees to: Regular Council Meeting 02/16/2021 Page 118 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 5 a) Submit an exercise summary and attendance/sign-in roster to AZDOHS with all related reimbursement requests. b) Email the After Action Report/Improvement Plan (AAR/IP) to the local County Emergency Manager, the AZDOHS Strategic Planner, and the Arizona Department of Military Affairs (DEMA) Exercise Branch within 90 days of completion of an exercise or as prescribed by the most current HSEEP guidance. Communications Equipment All Land Mobile Radio equipment purchased with Homeland Security funds is required to comply with the following: a) P25 (Project 25) standards; b) SAFECOM Guidance (see https://www.dhs.gov/safecom); c) Land Mobile Radio Minimum Equipment Standards as approved by the Statewide Interoperability Executive Committee (SIEC); and d) Arizona's State Interoperable Priority Programming Guide also as approved by the SIEC Nonsupplanting Agreement The Subrecipient shall not use funds received under this Agreement to supplant Federal, State, Tribal or Local funds or other resources that would otherwise have been made available for this program/project. The Subrecipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the Subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the Subrecipient may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. 41-4401—immigration laws and E-Verify requirement. a) The Subrecipient warrants its compliance with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to A.R.S. 23-214, Subsection A (that subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program”). b) A breach of a warranty by Subrecipient regarding compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and the Subrecipient may be subject to penalties to be determined at AZDOHS’s discretion, up to and including termination of this Agreement. c) The AZDOHS retains the legal right to inspect the papers of any Subrecipient employee who works on the Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, to ensure that the Subrecipient is complying with the warranty under paragraph (a) above. Regular Council Meeting 02/16/2021 Page 119 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 6 Property Control Effective control and accountability must be maintained by Subrecipient for all property/equipment purchased under this Agreement. The Subrecipient must adequately safeguard all such property/equipment and must assure that it is used for authorized purposes as described in the NOFO, the grant application as approved by AZDOHS, and 2 C.F.R. 200. The Subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) Property/equipment shall be used by the Subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. Subrecipient is required to maintain and utilize equipment as outlined in 2 C.F.R. 200.313 - Equipment. Any loss, damage, or theft shall be investigated by Subrecipient and reported by Subrecipient to the AZDOHS. Any equipment lost, damaged or stolen shall be replaced by the Subrecipient at the Subrecipient’s expense and an updated Property Control Form shall be submitted to AZDOHS by Subrecipient. b)Nonexpendable Property/Equipment and Capital Assets: a.Nonexpendable Property/Equipment is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $5,000 (Five Thousand Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or systems. b.A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year. c)A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. The Property Control Form can be located at https://azdohs.gov/grant-program-forms. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. d)A physical inventory of Nonexpendable Property/Equipment and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. a.A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated and reported by Subrecipient to AZDOHS immediately. b.Adequate maintenance procedures must be developed to keep the property in good condition. e)When Nonexpendable Property/Equipment and/or Capital Assets are no longer in operational use by the Subrecipient, an updated Property Control Form must be submitted by Subrecipient to AZDOHS immediately. The disposition of equipment shall be in compliance with the AZDOHS Disposition Guidance and 2 C.F.R. 200. If the Subrecipient is requesting disposition of Capital Assets for reasons other than theft, destruction, or loss, the Subrecipient must submit an Equipment Disposition Request Form to AZDOHS and receive approval prior to the disposition. The Equipment Disposition Guidance and Request Form can be found at https://azdohs.gov/grant-program-forms. Regular Council Meeting 02/16/2021 Page 120 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 7 f) Equipment Record Retention Pursuant to 2 C.F.R. 200.333(c), records for real property and equipment acquired with Federal funds must be retained for three (3) years after final disposition. Allowable Costs The allowability of costs incurred under this Agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable Code of Federal Regulations, authorized equipment lists, and guidance documents referenced above. a) The Subrecipient agrees that use of grant funds for any indirect costs that may be incurred must be in accordance with 2 C.F.R. 200 and the applicable NOFO. Indirect costs must be applied for and approved in writing by the AZDOHS prior to expenditure and reimbursement. b) The Subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the Subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with the applicable NOFO. VIII. DEBARMENT CERTIFICATION The Subrecipient is to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. IX. FUNDS MANAGEMENT The Subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with funds from other sources. The Subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The Subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed – it applies in all similar circumstances; and 3) consistently applied – it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the Subrecipient shall include: a) Programmatic Reports The Subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) calendar days of the last day of the quarter in which services are provided. The Subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The Subrecipient shall use the Quarterly Programmatic Report form, which is posted at https://azdohs.gov/grant-program-forms. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire project is completed. If the project has been fully completed and Regular Council Meeting 02/16/2021 Page 121 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 8 implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. b) Subrecipients must provide substantial/detailed information as to the status of completion of the milestones included in the application as approved by AZDOHS. Failure to adequately provide complete information will result in the Quarterly Report being rejected and resubmission will be required. c) Quarterly Programmatic Reports are due: January 15 (for the period from October 1– December 31) April 15 (for the period from January 1 – March 31) July 15 (for the period from April 1 – June 30) October 15 (for the period from July 1 – September 30) d) Final Quarterly Report: The final quarterly report is due no more than fifteen (15) calendar days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). e) Property Control Form – if applicable: The Subrecipient shall provide the AZDOHS a copy of the Property Control Form with the final quarterly report. a. In case of equipment disposition: The Property Control Form shall be updated and a copy provided to AZDOHS no more than forty-five (45) calendar days after equipment disposition, if applicable. The Subrecipient’s use and disposition of equipment must be in compliance with the AZDOHS Disposition Guidance and 2 C.F.R. 200.313. f) Financial Reimbursements The Subrecipient shall provide AZDOHS with requests for reimbursement as frequently as monthly but not less than quarterly. Reimbursement requests are only required when expenses have been incurred. Reimbursement requests shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The Subrecipient shall submit a final reimbursement request for expenses received and invoiced prior to the end of the period of performance. The final reimbursement must be received by AZDOHS no more than forty-five (45) calendar days after the end of the period of performance. Requests for reimbursement received by AZDOHS later than forty-five (45) calendar days after the end of the period of performance will not be paid. The final reimbursement request as submitted shall be marked as final. Subrecipients will only be reimbursed for expenses that have been obligated, expended and received within the authorized Period of Performance as identified in Section II of this Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start date of the Period of Performance. Any expenses obligated or expended prior to the Period of Performance start date will be deemed unallowable and will not be reimbursed. Any expenses/services that occur beyond the Period of Performance (i.e. cell phone service) will be deemed unallowable and will not be reimbursed. Regular Council Meeting 02/16/2021 Page 122 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 9 The AZDOHS requires that all requests for reimbursement are submitted via United States Postal Service, FedEx, UPS, etc. or in person. Reimbursement requests submitted via fax or by any electronic means will not be accepted. The AZDOHS reserves the right to request and/or require any supporting documentation and/or information it feels necessary in order to process reimbursements. Subrecipient shall promptly provide AZDOHS with all such documents and/or information. All reports shall be submitted to the contact person as described in Paragraph XXXVII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The Subrecipient may not assign any rights hereunder without the express, prior written agreement of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representatives of the Subrecipient and the AZDOHS. In the event of any new legislation, laws, ordinances, or rules affecting this Agreement, the parties agree that the terms of this Agreement shall automatically incorporate the terms of such new legislation, laws, ordinances, or rules. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient’s compensation, if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding paragraph. The Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES Article A - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired in conjunction with this Agreement by the Subrecipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, the Subrecipient must request instructions from DHS/FEMA via AZDOHS by submitting an Equipment Disposition Request Form in order to make proper disposition of the equipment pursuant to 2 C.F.R. 200.313. Article B – Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the changes to this Agreement and the incorporation of such changes into this Agreement. Article C - Procurement of Recovered Materials The Subrecipient hereby acknowledges and agrees that it must comply with section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6962) and that the requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article D - Whistleblower Protection Act Regular Council Meeting 02/16/2021 Page 123 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 10 The Subrecipient hereby acknowledges and agrees that it must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C. 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. section 4304 and 4310. Article E - Use of DHS Seal, Logo and Flags Subrecipient hereby acknowledges that it must obtain DHS’s approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article F - USA Patriot Act of 2001 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act, P.L. 107-56), which amends 18 U.S.C. section 175– 175c. Article G – Universal Identifier and System of Award Management (SAM) Subrecipient hereby acknowledges and agrees that is must comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. Article H - Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and, Performance Matters located at 2 C.F.R. Part 200 Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. Article I - Rehabilitation Act of 1973 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, P. L. No. 93-112 (1973) (codified as amended at 29 U.S.C. 794), which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article J - Trafficking Victims Protection Act of 2000 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104). The award term is located at 2 C.F.R. Part 175.15, the full text of which is incorporated here by reference. Article K - Terrorist Financing The Subrecipient hereby acknowledges and agrees that it must comply with U.S. Executive Order 13224 and all U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Subrecipient to ensure compliance with all such laws and U.S. Executive Order 13224. Article L - SAFECOM The Subrecipient hereby acknowledges and agrees that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must Regular Council Meeting 02/16/2021 Page 124 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 11 comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article M - Reporting Subawards and Executive Compensation All subrecipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. Article N – Department and Suspension The Subrecipient hereby acknowledges and agrees that it is subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict Federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. Article O - Copyright The Subrecipient hereby acknowledges and agrees that it must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Article P - Civil Rights Act of 1964 - Title VI The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), codified at 6 C.F.R. Part 21 and 44 C.F.R. Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article Q - Best Practices for Collection and Use of Personally Identifiable Information (PII) The Subrecipient hereby acknowledges and agrees that if it collects PII, it is required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII it collects. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Subrecipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article R - Americans with Disabilities Act of 1990 The Subrecipient hereby acknowledges and agrees that it shall comply with all State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 and the requirements of Titles I, II, and III of the Americans with Disabilities Act, P.L. No. 101-336 (1990) (codified as amended at 42 US.C. 12101-12213), which prohibit subrecipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article S - Age Discrimination Act of 1975 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article T - Activities Conducted Abroad Regular Council Meeting 02/16/2021 Page 125 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 12 The Subrecipient hereby acknowledges and agrees that it must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article U - Acknowledgement of Federal Funding from DHS The Subrecipient hereby acknowledges and agrees that it must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article V - DHS Specific Acknowledgements and Assurances Subrecipient hereby acknowledges and agrees—and agrees to require any contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Subrecipient hereby agrees to cooperate with any compliance review or complaint investigation conducted by DHS and/or AZDOHS. 2. Subrecipient hereby agrees to give DHS access and AZDOHS to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Subrecipient hereby agrees to submit timely, complete, and accurate reports to the appropriate DHS and AZDOHS officials and maintain appropriate backup documentation to support the reports. 4. Subrecipient hereby agrees to comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. Article W - Assurances, Administrative Requirements and Cost Principles, and Audit Requirements The Subrecipient hereby acknowledges and agrees that it must complete OMB Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs as applicable. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article X - Patents and Intellectual Property Rights Unless otherwise provided by law, the Subrecipient hereby acknowledges and agrees that it is subject to the Bayh-Dole Act, P.L. 96-517, codified in 35 U.S.C. 200 et seq., and that it is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards that are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. 401.14. Article Y – Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All Regular Council Meeting 02/16/2021 Page 126 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 13 subrecipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article Z – National Environmental Policy Act All subrecipients must comply with the requirements of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., and the Council on Environmental Quality (CEQ) Regulations (40 C.F.R. Parts 1500-1508) for Implementing the Procedural Provisions of NEPA, which requires Subrecipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article AA - Lobbying Prohibitions The Subrecipient hereby acknowledges and agrees that it must comply with 31 U.S.C. 1352, and acknowledges and agrees that none of the funds provided under this Agreement may be used to pay any person to influence, or attempt to influence an officer or employee of any agency (whether State or Federal), a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action related to a Federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article AB - Limited English Proficiency (Civil Rights Act of 1964, Title VI) The Subrecipient hereby acknowledges and agrees that it must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance- published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article AC - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990 and the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. section 2225(a), the Subrecipient hereby acknowledges and agrees that it must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with all applicable fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. section 2225. Article AD - Fly America Act of 1974 The Subrecipient hereby acknowledges and agrees that it must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article AE - Federal Leadership on Reducing Text Messaging while Driving All subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in U.S. Executive Order 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Regular Council Meeting 02/16/2021 Page 127 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 14 Article AF - Federal Debt Status The Subrecipient hereby acknowledges and agrees that it is required to be non-delinquent in its repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Article AG - False Claims Act and Program Fraud Civil Remedies The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of The False Claims Act (31 U.S.C. 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the Federal government. See also 31 U.S.C. 3801-3812 which details the administrative remedies for false claims and statements made. Article AH - Energy Policy and Conservation Act The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of The Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. 6201 et. seq.) which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article AI - Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. Article AJ - Duplication of Benefits Any cost allocable to a particular Federal award, provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a subrecipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Article AK - Drug-Free Workplace Regulations The Subrecipient hereby acknowledges and agrees that it must comply with the drug-free workplace requirements in Subpart B (or Subpart C, if the Subrecipient is an individual) of 2 C.F.R. part 3001, which adopts the Government-wide implementation (2 C.F.R. part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8106). Article AL - Civil Rights Act of 1968 The Subrecipient hereby acknowledges and agrees that it must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (see 24 C.F.R. 100.201). Regular Council Meeting 02/16/2021 Page 128 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 15 Article AM - Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Per 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018): 1. AZDOHS Subrecipients may not use any FEMA funds under open or new awards to: a. Procure or obtain any equipment, system, or service that uses “covered telecommunications equipment or services” (as defined in ¶2 of this Article AM) as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 2. For purposes of this Article AM “covered telecommunications equipment or services” means: a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); b. Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such equipment; or d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China. 3. FEMA grant funding may be permitted to procure replacement equipment and services impacted by this Article AM. Subrecipients should refer to applicable program guidance or contact the AZDOHS to determine if replacement equipment or services are eligible under the awarded grant program. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by the Subrecipient’s contractors and subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period, which may not be changed except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. Regular Council Meeting 02/16/2021 Page 129 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 16 XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the Subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the Subrecipient give a written assurance of intent and ability to perform. If the Subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVIII. THIRD PARTY ANTITRUST VIOLATIONS The Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfillment of this Agreement. XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations under A.R.S. 35-154. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the Subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) calendar days of the events giving the rise to the dispute. Any claim made by or against the State or any of its political subdivisions (including but not limited to AZDOHS) relating to this Agreement shall be resolved through the administrative claims process. In the event that the parties would otherwise be in court and/or if A.R.S. 12-1518 applies, the parties shall proceed in arbitration through the American Arbitration Association (“AAA”), with the arbitrator to be selected pursuant to AAA rules and the arbitration to be conducted according to the applicable AAA rules, and with the costs of arbitration (including but not limited to the arbitrator’s fees and costs) to be divided 50/50 between the parties, subject to reallocation between the parties by the arbitrator. In the event that the parties become involved in litigation with each other relating to this Agreement for any reason in any other forum, both parties Regular Council Meeting 02/16/2021 Page 130 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 17 agree to have any claim(s) resolved in arbitration on the terms set forth in this part XXII. Any arbitration award may be enforced through the Maricopa County Superior Court or the U.S. District Court located in Phoenix, Arizona. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party’s failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXV. LICENSING The Subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVII. ADVERTISING AND PROMOTION OF AGREEMENT The Subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the prior written approval of the AZDOHS. XXVIII. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL The Subrecipient acknowledges that the DHS and the AZDOHS reserve a royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The Subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding XXIX. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the Subrecipient shall include closed captioning of the verbal content of such announcement. XXX. INDEMNIFICATION Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily Regular Council Meeting 02/16/2021 Page 131 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 18 injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona (AZDOHS) is self-insured per A.R.S. 41-621. In addition, should Subrecipient utilize a contractor(s) and subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the (insert name of other governmental entity) and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. XXXI. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the Subrecipient or AZDOHS to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses, and permits or to make satisfactory progress in performing the Agreement. A party invoking the right to terminate shall provide written thirty (30) day advance notice of the termination and the reasons for it to the other party. b) If the Subrecipient chooses to terminate the Agreement before the grant deliverables have been met, then the AZDOHS reserves the right to collect all reimbursements distributed to the Subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those that otherwise would have been provided by Subrecipient under this Agreement. The Subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the Subrecipient. XXXII. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The Subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. Regular Council Meeting 02/16/2021 Page 132 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 19 XXXIII.PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXIV.COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one Agreement. XXXV.AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the Subrecipient represents and warrants that he or she is duly authorized to execute this Agreement on behalf of the Subrecipient. XXXVI.SPECIAL CONDITIONS a)The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b)The Subrecipient is prohibited from transferring funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). c)The Subrecipient agrees to comply with the U.S. Department of Homeland Security regulation 6 C.F.R Part 19, which prohibits discrimination based on religion in social service programs Regular Council Meeting 02/16/2021 Page 133 of 324 20-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 12/30/2020 Page 20 XXXVII.NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 The Subrecipient shall address all programmatic and reimbursement notices relative to this Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov. The AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name Above Enter Agency Name Above Enter Street Address Above Enter City, State, ZIP Above XXXVII.IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security Enter Agency Name Above Authorized Signature Above Gilbert M. Orrantia Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) Regular Council Meeting 02/16/2021 Page 134 of 324 State of Arizona Department of Homeland Security Governor Douglas A. Ducey Director Gilbert M. Onantia December 30,2020 Chief Terry Rozema Marana Police Department 11555 W. Civic Center Drive Marana, AZ 85653 Subject: FFY 2O2O Operation Stonegarden Grant Program Award Subrecipient Agreement Number: 200420-01 Project Title: OPSG Overtime-Mileage The OPSG BudgetA{arrative Application that your agency submitted to the Arizona Department of Homeland Security (AZDOHS) for consideration under the Operation Stonegarden Grant Program (OPSG) has been awarded. The project titled "OPSG Overtime-Mileage" has been funded under the Operation Stonegarden Grant Program for $384,135. The grant performance period is January 1,2021through March 3lr2022.This grant program is part of the U.S. Department of Homeland Security Grant Program and specifically is awarded under CFDA #91 .067 (Catalog of Federal Domestic Assistance). The FFY 2020 federal award date as indicated in the U.S. DHS award package is 09/01/2020 with a total amount of funding of $25,332,352.00. The Federal Award Identification Number is EMW-2020-SS-00017-S0 l. To initiate the award process, the following action items must be completed, signed and returned to AZDOHS. Go to www.azdohs Grant Programs, Operation Stonegarden Grant Program, Grant Award Information, FFY 2O2O: l. Two Subrecipient Agreements - Download two original OPSG Subrecipient Agreements (NOTE: they are specific to the "Overtime/Mileage" and "Equipment" grants): a. Overtime/Mileage Subrecipient Agreement for an Overtime/Mileage grant b. Equipment Subrecipient Agreement for an Equipment grant 2. OPSG Budget Detail (enclosed) 3. Environmental and Historic Preservation (EHP) required documentation (if applicable, see enclosed EHP Designation Letter). Hard copies of the Subrecipient Agreements will not be mailed to you. These items must be completed and on file at AZDOHS in order for your agency to be eligible for reimbursement. If all documentation listed in numbers 1.2. and 3 (if aoolicable) is not sisned and received bv on or before April :r- l.--;.' .' 30,202L this is rescinded and the funds be reallocated. 1700 West Washington Street Suite 210 Phoenix, Arizona 85007 Office: (602) 542-7013 Fax: (602) 542-1729 www.azdohs.gov Dear Chief Rozema: Regular Council Meeting 02/16/2021 Page 135 of 324 FY 2O2O Operation Stonegarden Grant Program Overtime/ERE/Mileage - Budget Detail Agency: Marana PD Grant#: 2OO42O-01 The signatures below verify the submission/approval process. All parties signify that all aspects of this project are allowable, reasonable and justifiable in accordance with published federal grant guidelines. Subrecipient agrees to the funding shown here: OVERTIME ERE MILEAGE TOTAL AWARD 5z6o,z2l.B8 Stto,qsl.tz Stg,3so 5384,t35 Project Point of Contact Print Name Signature Date Strategic Planner or Assistant Director Planning & Preparedness Susan Dzbanko Print Name Signature Date This form is to be signed and returned. Regular Council Meeting 02/16/2021 Page 136 of 324 D, r!+ ffiltl +t EPAi State of Arizona Department of Homeland Security Governor Douglas A. Ducey FFY 2O2O Director Gilbert M. Orrantia Dear OPSG Stakeholder: The project that your agency submitted to the Arizona Department of Homeland Security (AZDOHS) for consideration under the Operation Stonegarden Grant Program has been awarded. Please be advised, all projects require an Environmental and Historic Preservation review. Your project has been reviewed and it has been determined to have no potential impact to environmental or historic concerns. No further EHP review is required unless you modify the project and it is approved by AZDOHS. lf you need further clarification please contact Michael Stidham at (602) 542-7041 or mstidham@azdohs.qov with AZDOHS for further information regarding the EHP specific requirements for your award. As stated in the subrecipient agreement: The subrecipient shall comply with Federal EHP regulations, laws and Executive Orders as applicable. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. ln some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. DHS/FEMA will not fund projects that are initiated without the required EHP review. Additionally, all recipients are required to comply with DHS/FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance, and FP 108.24.4, Environmental Planning and Historical Preservation Policy. Regular Council Meeting 02/16/2021 Page 137 of 324 State of Arizona Department of Homeland Security Governor Douglas A. Ducey Director Gilberl M. Orranlia December 30,2020 Chief Terry Rozema Marana Police Department I1555 W. Civic Center Drive Marana, AZ 85653 Subject: FFY 2020 Operation Stonegarden Grant Program Award Subrecipient Agreement Number : 200420-01 Project Title: OPSG Overtime-Mileage Dear Chief Rozema: The OPSG Budget/Narrative Application that your agency submitted to the Arizona Department of Homeland Security (AZDOHS) for consideration under the Operation Stonegarden Grant Program (OPSG) has been awarded. The project titled "OPSG Overtime-Mileage" has been funded under the Operation Stonegarden Grant Program for $384,135. The grant performance period is January lr202l through March 3l,2022.This grant program is part of the U.S. Department of Homeland Security Grant Program and specifically is awarded under CFDA #91 .061 (Catalog of Federal Domestic Assistance). The FFY 2020 federal award date as indicated in the U.S. DHS award package is 0910112020 with a total amount of funding of $25,332,352.00. The Federal Award Identification Number is EMW-2020-SS-000 l7-S01. To initiate the award process, the following action items must be completed, signed and returned to AZDOHS. Go to www.azdohs.gov, Grant Programs, Operation Stonegarden Grant Program, Grant Award Information, FFY 2020: 1. Two Subrecipient Agreements - Download two original OPSG Subrecipient Agreements (NOTE: they are specific to the "Overtime/Mileage" and "Equipment" grants): a. Overtime/Mileage Subrecipient Agreement for an OvertimeAvlileage grant b. Equipment Subrecipient Agreement for an Equipment grant 2. OPSG Budget Detail (enclosed) 3. Environmental and Historic Preservation (EHP) required documentation (if applicable, see enclosed EHP Designation Letter). Hard copies of the Subrecipient Agreements will not be mailed to you. These items must be completed and on file at AZDOHS in order for your agency to be eligible for reimbursement. If all documentation listed in numbers 1. 2. and 3 above (if applicable) is not signed and received by AZDOHS on or before April 30.2O2l this award is rescinded and the funds will be reallocated. 1700 West Washington Street Suite 210 Phoenix, Arizona 85007 Office: (602) 542-7013 Fax: (602) 542-1729 www.azdohs.qov I ts ** Regular Council Meeting 02/16/2021 Page 138 of 324 State of Arizona Department of Homeland Security Governor Douglas A. Ducey Director Gilbert M. Onantia December 30,2020 Chief Terry Rozema Marana Police Department I1555 W. Civic Center Drive Marana, AZ 85653 Subject: FFY 2020 Operation Stonegarden Grant Program Award Subrecipient Agreement Number: 200420-02 Project Title: OPSG Equipment Dear Chief Rozema The OPSG Budget/I.,larrative Application that your agency submitted to the Arizona Department of Homeland Security (AZDOHS) for consideration under the Operation Stonegarden Grant Program (OPSG) has been awarded. The project titled "OPSG Equipment" has been funded under the Operation Stonegarden Grant Program for $39,280. The grant performance period is January 1,2021through March 31,2022. This grant program is part of the U.S. Department of Homeland Security Grant Program and specifically is awarded under CFDA #97 .061 (Catalog of Federal Domestic Assistance). The FFY 2020 federal award date as indicated in the U.S. DHS award package is O9lOLl2020 with a total amount of funding of $25,332,352.00. The Federal Award Identification Number is EMW-2020-SS-00017-S0 l. To initiate the award process, the following action items must be completed, signed and returned to AZDOHS. Go to www.azdohs.gov, Grant Programs, Operation Stonegarden Grant Program, Grant Award Information, FFY 2O2O: l. Two Subrecipient Agreements - Download two original OPSG Subrecipient Agreements (NOTE: they are specific to the "Overtime/Mileage" and "Equipment" grants): a- OvertimeAvlileage Subrecipient Agreement for an Overtime/l\4ileage grant b. Equipment Subrecipient Agreement for an Equipment grant 2. OPSG Budget Detail (enclosed) 3. Environmental and Historic Preservation (EHP) required documentation (if applicable, see enclosed EHP Designation Letter). 1700 West Washington Street Suite 210 Phoenix, Arizona 85007 Office: (602) 542-7013 Fax: (602) 542-1729 www.azdohs.qov Hard copies of the Subrecipient Agreements will not be mailed to you. These items must be completed and on file ar AZDOHS in order for your agency to be eligible for reimbursement. If all documentation listed in numbers 1. 2. and 3 above (if applicable) is not signed and received by AZDOHS on or before April 30.2021 this award is rescinded and the funds will be reallocated. Regular Council Meeting 02/16/2021 Page 139 of 324 FY 2O2O Operation Stonegarden Grant Program Budget Detail - Equipment Agency: Marana PD Grant#: 2OO42O-O2 The signatures below verify the submission/approval process. All parties signify that all aspects of this project are allowable, reasonable and justifiable in accordance with published federal grant guidelines. Subrecipient agrees to the funding shown here: Project Point of Contact Print Name Signature Date Strategic Planner or Assistant Director Planning & Preparedness Susan Dzbanko Print Name Signature Date This form is to be signed and returned. EQUIPMENT AEL OUANTITY COST/UNIT TOTAL COST TOTAL AWARD LPR Camera Renewal O3OE.O1-ALPR 5 S6,3oo Sgt,soo Portable Radios 06CP-01-PORT 1,51,780 57,78o S39,280 Regular Council Meeting 02/16/2021 Page 140 of 324 .I a t )lT^ ,[rrl ** DE PAR State of Arizona Department of Homeland Security Governor Douglas A. Ducey FFY 2O2O Director Gilbe( M. Orrantia Dear OPSG Stakeholder: The project that your agency submitted to the Arizona Department of Homeland Security (AZDOHS) for consideration under the Operation Stonegarden Grant Program has been awarded. Please be advised, all projects require an Environmentaland Historic Preservation review. Your project has been reviewed and it has been determined to have no potential impact to environmental or historic concerns. No further EHP review is required unless you modifythe project and it is approved by AZDOHS. lf you need further clarification please contact Michael Stidham at (602) 542-7041 or mstidham@azdohs.qov with AZDOHS for further information regarding the EHP specific requirements for your award. As stated in the subrecipient agreement: The subrecipient shall comply with Federal EHP regulations, laws and Executive Orders as applicable. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. ln some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. DHS/FEMA will not fund projects that are initiated without the required EHP review. Additionally, all recipients are required to comply with DHS/FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance, and FP 108.24.4, Environmental Planning and Historical Preservation Policy. Regular Council Meeting 02/16/2021 Page 141 of 324 State of Arizona Department of Homeland Security Governor Douglas A. Ducey Director Gilbed M. Orrantia December 30,2020 Chief Terry Rozema Marana Police Department 11555 W. Civic Center Drive Marana, AZ 85653 Subject: FFY 2020 Operation Stonegarden Grant Program Award Subrecipient Agreement Number: 200420-02 Project Title: OPSG Equipment Dear Chief Rozema: The OPSG Budget/Narrative Application that your agency submitted to the Arizona Department of Homeland Security (AZDOHS) for consideration under the Operation Stonegarden Grant Program (OPSG) has been awarded. The project titled "OPSG Equipment" has been funded under the Operation Stonegarden Grant Program for $39,280. The grant performance period is January lr202l through March 31r2022. This grant program is part of the U.S. Department of Homeland Security Grant Program and specifically is awarded under CFDA #97 .061 (Catalog of Federal Domestic Assistance). The FFY 2020 federal award date as indicated in the U.S. DHS award package is 09101/2020 with a total amount of funding of $25,332,352.00. The Federal Award Identification Number is EMW-2020-S5-00017-S01. To initiate the award process, the following action items must be completed, signed and returned to AZDOHS. Go to www.azdohs.gov, Grant Programs, Operation Stonegarden Grant Program, Grant Award Information, FFY 2020: l. Two Subrecipient Agreements - Download two original OPSG Subrecipient Agreements (NOTE: they are specific to the "Overtime/Mileage" and "Equipment" grants): a. Overtime/Mileage Subrecipient Agreement for an Overtime/Mileage grant b. Equipment Subrecipient Agreement for an Equipment grant 2. OPSG Budget Detail (enclosed) 3. Environmental and Historic Preservation (EHP) required documentation (if applicable, see enclosed EHP Designation Letter). Hard copies of the Subrecipient Agreements will not be mailed to you. These items must be completed and on file at AZDOHS in order for your agency to be eligible for reimbursement. If all documentation listed in numbers L.2. and 3 ab ove (if anplicable) is not siened and received bv A on or before April 30.2021this award is rescinded the funds will be reallocated. 1700 West Washington Street Suite 210 Phoenix, Arizona 85007 Office: (602) 542-7013 Fax: (602) 542-1729 www.azdohs.gov Regular Council Meeting 02/16/2021 Page 142 of 324      Council-Regular Meeting   C6        Meeting Date:02/16/2021   To:Mayor and Council From:Jane Fairall, Town Attorney Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-021: Relating to Utilities; approving and authorizing the Mayor to execute the Settlement Agreement regarding Public Water Infrastructure Participation and Water Service Agreement with Marana Technology Campus, L.L.C. and Northwest Storage, L.L.C. (Jane Fairall) Discussion: The Town and Marana Technology Campus, L.L.C. and Northwest Storage, L.L.C. (the "Owners") entered into the “Public Water Infrastructure Participation and Water Service Agreement (Marana Technology Campus),” approved by Council on August 5, 2014, via Resolution No. 2014-074 (the "Original Agreement"). Paragraph 3 of the Original Agreement provided that the  Owners were obligated to design and construct an approximately 970 linear foot 16-inch PVC X-Zone water main, along with other associated improvements, along the Marana Technology Campus frontage, from the western terminus of a Town-Constructed Water Main (as defined in the Original Agreement) to the western boundary of the Marana Technology Campus. To date, the water main on the Marana Technology Campus frontage and other associated work addressed by paragraph 3 of the Original Agreement (the “Subject Water Main”) has not been constructed, and the Town notified the Owners that it is prepared to file a lawsuit to compel its construction. The parties have agreed to enter into the proposed Settlement Agreement to resolve their dispute without litigation. Pursuant to the terms of the Settlement Agreement, the Owners shall complete construction of the Subject Water Main by the earlier of (i) the Owners’ sale of the Owners’ remaining land on the Campus or (ii) the second anniversary of the Settlement Regular Council Meeting 02/16/2021 Page 143 of 324 Agreement. The Owners and their successors in interest will not seek and the Town will not grant occupancy permits for any structure on the Owners’ land unless and until the Owners have completed the construction of the Subject Water Main. Staff Recommendation: Staff recommends approval of the Settlement Agreement. Suggested Motion: I move to adopt Resolution No. 2021-021, approving and authorizing the Mayor to execute the Settlement Agreement regarding Public Water Infrastructure Participation and Water Service Agreement with Marana Technology Campus, L.L.C. and Northwest Storage, L.L.C.  Attachments Resolution No. 2021-021 Exhibit A- Settlement Agreement Regular Council Meeting 02/16/2021 Page 144 of 324 00073973.DOCX /1 Resolution No. 20 21-021 MARANA RESOLUTION NO. 2021-021 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE SETTLEMENT AGREEMENT REGARDING PUBLIC WATER INFRASTRUCTURE PARTICIPATION AND WATER SERVICE AGREEMENT WITH MARANA TECHNOLO GY CAMPUS, L.L.C. AND NORTHWEST STORAGE, L.L.C. WHEREAS the Town and Marana Technology Campus, L.L.C. and Northwest Storage, L.L.C. (the "Owners") entered into the “Public Water Infrastructure Participation and Water Service Agreement (Marana Technology Campus),” app roved by the Town Council on August 5, 2014, via Resolution No. 2014 -074 (the "Original Agreement"); and WHEREAS pursuant to the terms of the Original Agreement , the Owners were obligated to design and construct a water main, along with other associated improvements, along the Marana Technology Campus frontage; and WHEREAS to date, the water main on the Marana Technology Campus frontage and other associated work addressed by the Original Agreement (the “Subject Water Main”) has not been constructed; and WHEREAS the Town notified the Owners that it is prepared to file a lawsuit to compel construction of the Subject Water Main; and WHEREAS the parties have agreed to enter into a Settlement Agreement to resolve their dispute without litigation; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into a Settlement Agreement with the Owners. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Settlement Agreement with Marana Technology Campus, L.L.C. and Northwest Storage, L.L.C., attached to and incorporated within this Resolution as Exhibit A, is hereby approved , the Mayor is authorized and directed to sign it for and on behalf of the Town of Ma rana, and the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out its terms, obligations, and objectives.. Regular Council Meeting 02/16/2021 Page 145 of 324 00073973.DOCX /1 Resolution No. 20 21-021 PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 146 of 324 Exhibit A to Resolution No. 2021-021 Regular Council Meeting 02/16/2021 Page 147 of 324 Exhibit A to Resolution No. 2021-021 Regular Council Meeting 02/16/2021 Page 148 of 324 Exhibit A to Resolution No. 2021-021 Regular Council Meeting 02/16/2021 Page 149 of 324 Exhibit A to Resolution No. 2021-021 Regular Council Meeting 02/16/2021 Page 150 of 324    Council-Regular Meeting   C7        Meeting Date:02/16/2021   To:Mayor and Council From:Lisa Shafer, Community Development Director Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-022: Relating to Community and Neighborhood Services; approving and authorizing the Mayor to execute  an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2020-2021 Community Development Block Grant Program (Lisa Shafer) Discussion: The Community Development Block Grant (CDBG) program, established by Congress in 1974, provides communities with resources to address a wide range of unique community development needs. Administered by the U.S. Department of Housing and Urban Development (HUD), the CDBG program provides annual grant funding, on a formula basis, to 1209 general units of local government and states. HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate-income persons. A grantee may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives. Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other metropolitan cities with populations of at least 50,000; and qualified urban counties with Regular Council Meeting 02/16/2021 Page 151 of 324 populations of at least 200,000 (excluding the population of entitled cities). HUD determines the amount of each entitlement grant by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. Because the Town does not meet the entitled communities criteria yet, any CDBG funding received by the Town must be allocated by Pima County. These funds are subject to both the federal CDBG guidelines and the HUD-approved plan developed by Pima County. The Town is able to apply for use of a portion of Pima County's CDBG funding through an annual proposal process. Earlier this year the Town applied for funding in four specific programs (Colonia Neighborhood Cleanup, Emergency Home Repair and Owner Occupied Housing Rehabilitation) and for funding to cover the cost of administering programs that address the needs of low-to moderate-income families.  Pima County awarded the Town of Marana $60,000 from the 2020-2021 Community Development Block Grant Program.  The grant provided funding for Administration ($13,000), Colonia Clean-up ($10,000), Emergency Home Repair ($18,500) and Owner Occupied Housing Rehabilitation ($18,500).  This is same amount of funding as the past three funding cycles. Financial Impact:   Fiscal Year:2021 Budgeted Y/N:Yes Amount:$60,000 This funding does not require any match or leveraged funding.  All services will be provided with direct cost reimbursement. Staff Recommendation: Staff recommends approval of the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2020-2021 Community Development Block Grant Program. Suggested Motion: I move to adopt Resolution No. 2021-022, approving and authorizing the Mayor to execute the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2020-2021 Community Development Block Grant Program. Attachments Resolution No. 2021-022 IGA Regular Council Meeting 02/16/2021 Page 152 of 324 00074245.DOCX /1 Resolution No. 2021-022 - 1 - MARANA RESOLUTION NO. 2021-022 RELATING TO COMMUNITY AND NEIGHBORHOOD SER VICES; APPROVING AND AUTHORIZING THE MAYO R TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TO WN OF MARANA FOR THE MANAGEMENT AND IMPLE MENTATION OF THE 2020-2021 COMMUNITY DEVELOPMENT BLOCK GR ANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) funding for these purposes; and WHEREAS Pima County has been awarded funding from the U.S. Department for Housing and Urban Development under the CDBG program for the 2020-2021 federal fiscal year; and WHEREAS the Town of Marana has been selected as a sub -grantee through Pima County’s proposal process; and WHEREAS Pima County and the Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §11-952 et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement.. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between Pima County and the Town of Marana, in the form attached to and incorporated by this reference in this reso- lution as Exhibit A, is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. Regular Council Meeting 02/16/2021 Page 153 of 324 00074245.DOCX /1 Resolution No. 2021-022 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 154 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 1 of 20 Pima County Department of Community and Workforce Development Project: Management and Implementation of the Community Development Block Grant (CDBG) Program Contractor: Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Amount: $60,000.00 Contract No.: CT-C R-21-188 Funding: U.S. Department of Housing and Urban Development Contract Term: July 1, 2020 through September 30, 2021 DUNS No.: 098034143 Research or Development: Yes No Federal Contract No.: B-20-UC -04-0502 Required Match: Yes No Match Amount: Indirect Cost Rate: Federal NICR de minimis None Status of Contractor: Subrecipient Contractor CFDA Program Description Nation Funding Pima County Award 14.218 Community Development Block Grant/Entitlement Communities (CDBG) FY20 $3,398,087,174.00 FY20 $2,971,153.00 INTERGOVERNMENTAL AGREEMENT 1.0 Parties, Background, and Purpose 1.1 Parties. This Intergovernmental Agreement (“Agreement”) is entered into by and between Pima County (“County”), a body politic and corporate of the State of Arizona and the Town of Marana (“Subrecipient ”), a municipal corporation in the State of Arizona . 1.2 Authority. The parties may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11 -951 et seq. County is authorized by A.R.S. §§ 11- 254.04, 11-251 (5) and 11-251 (17), to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the County. Subrecipient is authorized by A.R.S. § 9 -500.11 to expend public monies for and in connection with economic development activities. County applied for and received Community Development Bloc k Grant (“CDBG”) funds in the amount of $2,971,153 in from the U.S. Department of Housing and Urban Development (“HUD”), under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93 -383). 1.3 Solicitation and Response. Under solicitation number CDNC -10-15-19-CDBG-ESG (“2020-2021 Community Planning Application”), County sought proposals for programs and activities that would qualify for CDBG funding during Federal Fiscal Year (“FY”) 2020-2021.Subrecipient submitted response to the 2020-2021 Community Planning Application. County has determined that the Regular Council Meeting 02/16/2021 Page 155 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 2 of 20 services or activities proposed in Subrecipient’s response to the Community Planning Application are eligible for this subaward of CDBG funding and in the best interests of the residents of Pima County. 1.4 Background and Purpose. On May 5, 2020 the Pima County Board of Supervisors (the “Board”) authorized inclusion of Subrecipient’s proposal for use of CDBG funds in the 20 20-2021 Annual Action Plan that County submitted to HUD to obtain the FY 2020-2021 CDBG funds. The Board also passed Resolution No. 2020-31 approving the allocation of $15,000 of FY 2020-2021 CDBG funds to Subrecipient. 2.0 Term, Extensions , and Amendments 2.1 Term and Extensions. This Agreement commences on July 1, 2020 and terminate s on September 30, 2021 (the “Initial Term”). If the commencement date of the Initial Term is before the signature date of the last party to execute this Contract, the parties will, for all purposes, deem the Contract to have been in effect as of the commencement date. “Term,” means the original term plus any exercised Extension Options. County may renew this Agreement for up to a total of five years to coincide with the term of County’s Consolidated Plan submitted to HUD (an “Extension Option”). An Extension Option will be effective only upon execution by the Parties of a formal written amendment. 2.2 Amendments. The provisions of this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. Any amendment to the Agreement must be approved by County before any services under the amendment commences. Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Department of Community & Workforce Development (“C WD”) or designee. Minor modifications are changes in the scope, which do not change the specified purpose , outcomes or the total compensation provided through this Agreement and do not in any way increase the direct or indirect liability of County under this Agreement. 2.3 Surviva l. Notwithstanding paragraph 2.1, the terms of this Agreement will survive and remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 3.0 Scope of Services . Subrecipient shall provide County with the services described in Exhibit A. Subrecipient shall also obtain and maintain all required licenses, permits , and authority required for performance under this Agreement. Subrecipient shall employ suitably trained and skilled personne l to perform all services under this Agreement. Unless otherwise provided for herein, the personnel delivering services pursuant to this Agreement will: 1) be employees or volunteers of the Subrecipient; 2) satisfy any qualifications in this Agreement; and 3) be covered by personnel policies and practices of Subrecipient. No program funded under this Agreement may impair existing contracts for services or collective bargaining agreements or be inconsistent with the terms of a collective bargaining agreement without the written concurrence of the labor organization and employer concerned. Subrecipient shall maintain an accounting manual that describes its financial procedures in sufficient detail to ensure that its financial practices are easily understood. 4.0 Monitoring and Evaluation 4.1 County will monitor all activities and information sources in the management, fiscal, and services systems of Subrecipient and any subcontracted parties relating to performance of dut ies and obligations under this Agreement to ensure that Subrecipient is: 4.1.1 Making adequate and acceptable progress in the provision of services; 4.1.2 Maintaining adequate and acceptable systems to document services and expenditures; and Regular Council Meeting 02/16/2021 Page 156 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 3 of 20 4.1.3 Using the funds provided pursuant to this Agreement effectively and efficiently to accomplish the purposes for which funds were made available. 4.2 Subrecipient shall cooperate in the monitoring and evaluation process by County and/or HUD. Subrecipient shall assist County in providing reports and documentation to HUD related to Subrecipient’s performance and, where applicable, the impact of the CDBG-funded activities on the community. If monitoring and evaluation finds that Subrecipient’s performance is substandard, Subrecipient will be in default of this Agreement. If Subrecipient fails to take appropriate actions to correct the default within 15 calendar days from date of notice, this Agreement may be suspended or terminated. To the greatest extent permissible by law, County, and any authorized federal, state or local agency, including, but not limited to, the HUD and the Comptroller of the United States, will at all reasonable times have the right of access to Subrecipient's facility, books, documents, papers, or other records which are pertinent to this Agreement, in order to make audits, examinations, excerpts and transcripts for the purpose of evaluating Subrecipient's performance and Subrecipient's compliance with this Agreement. 5.0 Compensation and Payment 5.1 County shall pay Subrecipient up to $60,000 (“Maximum Allocated Amount”). County will make payments from CDBG Grant(s) County has been awarded from HUD (“awarding agency”). Payment of the full Maximum Allocated Amount is subject to the CDBG funds being made available to County for this Agreement. The Maximum Allocated Amount may be decreased at any time due to reduction, termination, or any other changes in funding. Unless specifically authorized by County, unexpended funds will not be carried over into another fiscal year. Pursuant to the agreement between HUD and County (Pima County Contract No. B-20-UC -04-0502) and the Pima County Board of Supervisors’ approval of this allocation of CDBG funds to Subrecipient on May 5, 2020, Subrecipient may be reimbursed for eligible costs associated with activities under this Agreement as follows: 5.1.1 For eligible activities from and after October 1, 2020; and 5.1.2 For administrative costs incurred from and after July 1, 2020 . 5.2 Subrecipient shall submit a request for reimbursement every month, even if no funds are being requested for the prior month. Requests for reimbursement are due as follows: Agreement Month Due date for Request for Reimbursement January through April & July through December 30 calendar days from end of month May June 15 June July 7 5.3 Each monthly request for reimbursement must be for services and costs as identified in Exhibit A and reference this Agreement number. The person(s) that prepared the request and an authorized manager, supervisor or executive of the Subrecipient must a pprove and sign each request to insure proper internal financial controls. In each request, Subrecipient shall include the amount of CDBG accrued expenditures, if any; program income, as defined by the awarding agency; and all other fiscal resources applied to expenses incurred in providing services under this Agreement. 5.4 Each request must be accompanied by documentation that includes, but is not limited to: 5.4.1 A summary report of monthly expenditures by expense categories as shown in approved budget in Exhibit A of this Agreement. 5.4.2 Copies of invoices and checks (front and back) to support all purchases of goods or services. Regular Council Meeting 02/16/2021 Page 157 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 4 of 20 5.4.3 If reimbursement is authorized for travel, detailed travel reports to support all travel expenses. 5.4.4 Any other documentation requested by County. 5.5 Subrecipient shall include with each request an electronic copy with certified electronic signa tures, of the Financial Status Report and Request for Funds. Hard copies, with original signatures, of the Financial Status Report and Request for Funds must be retained by Subrecipient in compliance with this Agreement, Section 21.0, Books and Records County will provide Subrecipient with a form similar to that attached hereto as Exhibit B upon execution of this Agreement. 5.6 If reimbursement is authorized for personnel costs, the monthly request for reimbursement must include : 1) time sheets or other records, signed by the employee and the employee's immediate supervisor with direct knowledge of employee's efforts for this Agreement, that specify the days, hours per day and total hours worked on the grant; and 2) accounting system report(s) specifying rate of pay and costs of employer paid benefits. 5.7 If Subrecipient is required to provide matching funds under the terms of the awarding agency, Subrecipient must also provide the documentation described in paragraphs 5.3 through 5.6 for the matching funds. 5.8 Subrecipient must utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Subrecipient may not bill the County for costs which are paid by another source. Subrecipient must notify County within ten days of receipt of alternative funding for costs which would otherwise be subject to payment pursuant to this Agreement. 5.9 If each request for payment includes adequate and accurate documentation, County will generally pay Subrecipient within 30 days from the date invoice is received. Subrecipient should budget cash needs accordingly. County may, at its sole discretion 1) determine the acceptability and progress of work performed and determine the resulting entitlement to payment of each request for reimbursement; liquidate funds available under this Agreement for costs incurred by County on behalf of Subrecipient, and 3) deny full payment for requests for reimbursement that are submitted to County after the dates in paragraph 5.2. County may deduct its processing costs or delay-related damages in connection with a request for payment submitted after that date. Additionally, County may deny payment for any request for reimbursement received after the following dates: Month Expense Incurred Denial date January through March July and August October through December More than 60 days after the end of the month in which the expense was incurred April and May June 21 June July 15 September October 31 If payment is made on such a delinquent request, County will deduct its processing costs or delay- related damages. 5.10 Subrecipient must submit its request for final payment for compensation earned and/or eligible costs incurred to County within 15 working days after the end of the Agreement term. The request must meet the requirements in paragraphs 5.3 through 5.6 and include a report summarizing Subrecipient’s performance during the term of the Agreement. Pursuant to A.R.S. § 11-622, C ounty will deny reimbursement completely for requests for payment submitted later than six months after the last item of the account accrues. Regular Council Meeting 02/16/2021 Page 158 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 5 of 20 5.11 No payments will be made to Subrecipient, until: 1) Subrecipient has completed and submitted a W- 9 Taxpayer Identification Number form; 2) Subrecipient has registered as a Pima County Vendo r at the following web address -- https://secure.pima.gov/procurement/vramp/login.aspx); 3) this Agreement is fully executed; and 4) adequate and accurate documentation is provided with each request for payment or invoice. 5.12 The Director of CWD or designee has the sole discretion to grant changes between budget line items of no more than 15%. The change may not increase or decrease the maximum allocated amount. Subrecipient must submit a written request for the line item change on or before May 15 of the contract year. The written request must contain a detailed explanation of the reason the change is necessary; and how the specified purpose, program(s), metrics, or outcomes in this Agreement will continue to be met, despite the requested change. The change must be for future expenditures that are not part of the current existing and approved budget(s). The change may not be to cover unbudgeted expenditures incurred by Subrecipient prior to the approval of the written request for a budget line item change. If the Director of CWD or designee approves the request for the budget line item change, the change will not be effective, nor will compensation under the change be provided, until the date in the written approval. 5.13 Pursuant to 2 CFR § 2400.101, unless excepted under 24 CFR chapters I through IX, the cost principles in 2 CFR Part 200, Subpart E, will be used to determine whether an incurred cost will be reimbursed under this Agreement. Subrecipient must reimburse County for improper, unallowable or unsubstantiated costs discovered as a result of audit or otherwise within 30 days following demand for reimbursement by County. 5.14 For the period of record retention required under Section 21.0, County may question any payment made under this Section 5.0 and require reimbursement by setoff or otherwise for payments determined to be improper or contrary to the Agreement or law. 6.0 Program Income County does not anticipate that program income, as defined by the awarding agency, will be generated under the activities of this Agreement. In the event that activities under this Agreement do generate program income or program income is authorize d, Subrecipient shall report to County all program income, as defined at 24 CFR § 570.500(a), generated and received as a result of activities carried out with the CDBG-funds provided pursuant to this Agreement. These reports are due quarterly. Subrecipient shall also return program income to County within 15 days of the end of each month, unless otherwise specified in Exhibit A. 7.0 Insurance 7.1 Subrecipient will procure and maintain at its own expense insurance policies (“Required Insurance”) satisfying the below requirements (“Insurance Requirements”) until all of its obligations under this Agreement have been met. The below Insurance Requirements are minimum requirements for this Agreement and in no way limit Subrecipient’s indemnity obligations under this Agreement. County in no way warrants that the required insurance is sufficient to protect the Subrecipient for liabilities that may arise from or relate to this Agreement. If necessary, Subrecipient may obtain commercial umbrella or excess insurance to satisfy the Insurance Requirements. 7.2 Insurance Coverages and Limits : 7.2.1 Commercial General Liability (CGL): Occurrence Form covering liability arising from premises, independent contractors, personal injury, bodily injury, broad form contractual liability and products-completed operations with minimum limits not less than $2,000,000 Each Occurrence and $2,000,000 General Aggregate . Regular Council Meeting 02/16/2021 Page 159 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 6 of 20 7.2.2 Business Automobile Liabilit y: Coverage for any owned, leased, hired, and/or non-owned autos assigned to or used in the performance of this Agreement with minimum limits not less than $1,000,000 Each Accident. 7.2.3 Workers’ Compensation (WC) and Employers' Liability : 7.2.3.1 Workers’ Compensation with Employers Liability limits of $1,000,000 each accident and $1,000,000 each employee – disease. Workers’ Compensation statutory coverage is compulsory for employers of one or more employees. 7.2.3.2 Note: The Workers’ Compensation requirement does not app ly if Subrecipient is exempt under A.R.S. § 23-901 and has executed the appropriate Pima County Sole Proprietor (Independent Contractor) Waiver form. 7.3 Additional Insurance Requirements: 7.3.1 Insurer Financial Ratings : Coverage must be placed with insurers accep table to County with A.M. Best rating of not less than A- VII, unless otherwise approved by County. 7.3.2 Additional Insured: The General Liability policy must be endorsed to include Pima County and all its related special districts, elected officials, officers , agents, employees and volunteers (collectively “County and its Agents”) as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Subrecipient. The full policy limits and scope of protection must apply to County and its Agents as an additional insured, even if they exceed the Insurance Requirements. 7.3.3 Wavier of Subrogation: Commercial General Liability and Workers’ Compensation coverages must each contain a waiver of subrogation in favor of County and its Agents for losses arising from work performed by or on behalf of the Subrecipient. 7.3.4 Primary Insurance: The Required Insurance policies, with respect to any claims related to this Agreement, must be primary and must treat any insurance carried by County as excess and not contributory insurance. The Required Insurance policies may not obligate County to pay any portion of a Subrecipient’s deductible or Self Insurance Retention (SIR). 7.3.5 Subcontractors: Subrecipient must either (a) include all subcontracto rs as additional insureds under its Required Insurance policies, or (b) require each subcontractor to separately meet all Insurance Requirements and verify that each subcontractor has done so, Subrecipient must furnish, if requested by County, appropriate insurance certificates for each subcontractor. Subrecipient must obtain County’s approval of any subcontractor request to modify the Insurance Requirements as to that subcontractor. 7.4 Verification of Coverage : 7.4.1 Insurer or Broker of Subrecipient must evidence compliance with the Insurance Requirements by furnishing certificates of insurance executed by a duly authorized representative of each insurer. Each certificate must include: 7.4.1.1 The Pima County tracking number for this Agreement, which is shown on the first page of the Agreement, and a project description, in the body of the Certificate, 7.4.1.2 A notation of policy deductibles or SIRs relating to the specific policy, and 7.4.1.3 Certificates must specify that the appropriate policies are endorsed to include additional insured and subrogation wavier endorsements for County and its Agents. Regular Council Meeting 02/16/2021 Page 160 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 7 of 20 7.4.2 Each Required Insurance policy and appropriate endorsements must be in effect not less than 15 days prior to commencement of work under this Agreement. A renewal certificate must be provided to County not less than 15 days prior to the policy’s expiration date to include actual copies of the additional insured and wavier of subrogation endorsements. Failure to maintain the Required Insurance, or to provide evidence of renewal, is a material breach of this Agreement. 7.4.3 County reserves the right to, at any time, require complete copies of any or all Required Insurance policies. 7.4.4 Cancellation Notice: Subrecipient’s insurance policies and endo rsements shall not be permitted to expire, be cancelled, suspended or materially changed from the agreed upon Insurance Requirements for any reason without 30 days advance written notice to County of the policy cancellation, suspension or material change. Subrecipient must provide written notice to County within two business days of receipt of notice. For cancellation of non- payment, Insurer is to provide County with written notice ten days prior to cancellation of policy. 7.5 Insurance Approval and Modifications : The Pima County Risk Manager may approve a modification of the Insurance Requirements without the necessity of a formal Agreement amendment, but the approval must be in writing. Neither County’s failure to obtain a required insurance certificate or endorsement, County’s failure to object to a non-complying insurance certificate or endorsement, or County’s receipt of any other information from the Subrecipient, its insurance broker(s) and/or insurer(s), constitutes a waiver of any of the Insurance Req uirements. 8.0 Indemnification 8.1 To the fullest extent permitted by law, Subrecipient will defend, indemnify and hold harmless Pima County, and any related taxing district, and the officials and employees and each of them (collectively, “Indemnitee”) from and against any and all claims, actions, liabilities, losses, and expenses (including reasonable attorney fees)(collectively, “Claims”) arising out of actual or alleged injury of any person (including death) or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by any act or omission of Subrecipient or any of Subrecipient’s directors, officers, agents, employees, volunteers, or subcontractors. This indemnity includes any claim or amount arising or recovered under the Workers’ Compensation law or arising out of the failure of Subrecipient to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. The Indemnitee will, in all instances, except for C laims arising solely from the acts or omissions of the Indemnitee, be indemnified by Subrecipient from and against any and all claims. Subrecipient is responsible for primary loss investigation, defense and judgement costs for any claim to which indemnity applies. This indemnity will survive the expiration or termination of this Agreement. 8.2 Subrecipient warrants that services provided under this Agreement are non-infringing. Subrecipient will indemnify, defend and hold County harmless from any claim of infr ingement arising from services provided under this Agreement or from the provision, license, transfer or use for their intended purpose of any products provided under this Agreement. 8.3 Subrecipient has the same obligations to County as County does to HUD pursuant to the 2020-2021 Annual Action Plan and assurances. Subrecipient will hold County harmless against any injury that County may suffer with respect to HUD due to any failure on the part of Subrecipient to fulfill obligations to HUD. Regular Council Meeting 02/16/2021 Page 161 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 8 of 20 9.0 Compliance with Laws 9.1 Subrecipient will comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. 9.2 The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement must be brought in a court of the State of Arizona in Pima County. 9.3 Subrecipient will comply with the requirements of 24 CFR Part 570, including Subpart K of these regulations, except the Subrecipient does not assume: 1) County’s environmental responsibilities described in 24 CFR § 570.604; and 2) County’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. 9.4 Subrecipient warrants that CDBG fund s provided or personnel employed in the administration of the program funded under this Agreement will not be used for political activities; inherently religious activities; lobbying to influence the outcome of any election or the award of any federal contract, grant, loan or cooperative agreement (see Federal Standard Form LLL, “Disclosure of Lobbying Activities); political patronage; or nepotism activities. 9.5 Subrecipient will comply with the applicable provisions of: 9.5.1 Davis-Bacon Act (Public Law 107-217); 9.5.2 Contract Work Hours and Safety Standards Act (40 USC 327 et seq.); 9.5.3 Copeland Anti-Kick Back Act (18 USC 874 et seq.); 9.5.4 Section 3 of the HUD Act of 1968; and 9.5.5 All rules and regulations applicable to the listed statutes. 9.6 Subrecipient will fully cooperate with County, HUD and any other federal agency in the review and determination of compliance with the listed provisions. 9.7 Subrecipient certifies that no individual or agent has been employed or retained to solicit or secure this Agreement for commission, percentage, brokerage or contingent fee except a bona fide employee whose job duties include securing business. 10.0 Independent Contractor Subrecipient is an independent contractor. Neither Subrecipient nor any of Subrecipient’s officers, agents, or employees will be considered an employee of Pima County or be entitled to receive any employment-related benefits, or assert any protections, under the Pima County Merit System. Subrecipient is responsible for paying all federal, state and local taxes on the compensation by Subrecipient under this Agreement and will indemnify and hold County harmless from any and all liability which County may incur because of Subrecipient’s failure to pay such taxes. Subrecipient will be solely responsible for its program development, operation, and performance. 11.0 Subcontractors Subrecipient will not enter into any subcontracts for any services to be performed under this Agreement without County’s prior written approval of the subcontract except prior written approval is not required for the purchase of supplies that are necessary and incidental to Subrecipient’s performance under this Agreement. Subrecipient must follow all applicable Federal, State, and County rules and regulations for obtaining subcontractor services. Subrecipient will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by any subcontractor and of persons for whose acts, any of them, may be liable to the Regular Council Meeting 02/16/2021 Page 162 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 9 of 20 same extent that the Subrecipient is responsible for the acts and omissions of persons directly employed by it. Nothing in this Agreement will create any obligation on the part of County to pay or see to the payment of any money due any subcontractor, except as may be required by law. Subrecipient must include the provision in paragraph 4.2 in all contracts between Subrecipient and its subcontractors providing goods or services pursuant to this Agreement. Subrecipient will be responsible for subcontractors' compliance with that provision and for any disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors with the provision. 12.0 Assignment Subrecipient cannot assign its rights or obligations under this Agreement, in whole or in part, without County’s prior written approval. County may withhold approval at its sole discretion. 13.0 Non-Discrimination Subrecipient will comply with all provisions and requirements of Arizona Executive Order 2009 -09, which is hereby incorporated into this Agreement, including flow down of all provisions and requirements to any subcontractors. During the performance of this Agree ment, Subrecipient will not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. Unless exempt under federal law, Subrecipient will comply with Titles VI and VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act; Section 504 of the Rehabilitation Act of 1973; and the Fair Labor Standards Act of 1938. 14.0 Americans with Disabilities Act Subrecipient will comply with Title II of the Americans with Disabilities Act (Public Law 110 -325, 42 USC§§ 12101-12213) and the federal regulations for Title II (28 CFR Part 35). Failure to do so could result in the termination of this Agreement. 15.0 Authority to Contract Subrecipient warrants its right and power to enter into this Agreement. If any court or administrative agency determines that County does not have authority to enter into this Agreement, County will not be liable to Subrecipient or any third party by reason of such determination or by reason of this Agreement. 16.0 Full and Complete Performance The failure of either party to insist on one or more instances upon the full and complete performance of any of the terms or conditions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, will not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time will not be construed as an accord a nd satisfaction. 17.0 Cancellation for Conflict of Interest This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511. Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal laws and regulations that govern the awarding agency including 24 CFR §§ 84.42 and 570.611. 18.0 Termination and Suspension Regular Council Meeting 02/16/2021 Page 163 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 10 of 20 18.1 Without Cause: County may terminate this Agreement at any time, without cause, by serving a written notice upon Subrecipient at least 30 days before the effective date of the termination. In the event of such termination, County's only obligation to Subrecipie nt will be payment for services rendered prior to the date of termination. 18.2 With Cause: Except for a default under paragraph 4.2, County may terminate this Agreement at any time without advance notice and without further obligation to County finds Subrecipient to be in default of any provision of this Agreement. 18.3 Insufficient Funds: Notwithstanding paragraphs 18.1and 18.2, if any state or federal grant monies used to pay for performance under this Agreement are red uced or withdrawn, County will have the right to either reduce the services to be provided and the total dollar amount payable under this Agreement or terminate the Agreement. To the extent possible, County will endeavor to provide 15 days written notice of such reduction or termination. In the event of a reduction in the amount payable, County will not be liable to Subrecipient for more than the reduced amount. In the event of a termination under this paragraph, County’s only obligation to Subrecipient will be payment for services rendered prior to the date of termination to the extent that grant funds are available. 18.4 Non-Appropriation: Notwithstanding any other provision in this Agreement, County may terminate this Agreement if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Agreement. In the event of such termination, County will have no further obligation to Subrecipient, other than for service s rendered prior to termination. 18.5 Suspension: County reserves the right to suspend Subrecipient’s performance and payments under this Agreement immediately upon notice delivered to Subrecipient’s designated agent in order to investigate Subrecipient’s activities and compliance with this Agreement. In the event of an investigation by County, Subrecipient will cooperate fully and provide all requested information and documentation. At the conclusion of the investigation, or within 45 days, whichever is sooner, County will notify Subrecipient in writing that the Agreement will be immediately terminated or that performance may be resumed. 19.0 Notice Subrecipient must give written notice of any change of corporate or entity status as promptly as possible and, in any event, within 15 days after the change is effective. A change in corporate or entity status includes, but is not limited to, change from unincorporated to incorporated status and vice versa and any suspension or termination of corporate status based on failure to comply with all applicable federal, state, and local reporting requirements. Any notice required or permitted to be given under this Agreement must be in writing and must be served by delivery or by certified mail upon the other party as follows: County: Subrecipient: Daniel Tylutki, Deputy Director Pima County Department of Community & Workforce Development 2797 East Ajo Way Tucson, Arizona 85713 Terry Rozema, Interim Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 20.0 Other Documents In entering into this Agreement, Subrecipient and County have relied upon information provided in Subrecipient’s proposal submitted in response the 2020-2021 Community Planning Application including the Instructions to Bidders, Standard Terms and Conditions, Specific Terms and Regular Council Meeting 02/16/2021 Page 164 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 11 of 20 Conditions, Solicitation Addenda, Subrecipient’s Proposal, other information and documents submitted by the Subrecipient in its’ response to said Solicitation. These documents are incorporated into this Agreement to the extent not inc onsistent with the provisions of this Agreement, including all exhibits. Subrecipient will promptly bring any provisions which Subrecipient believes are inconsistent to County’s attention, and County will provide Subrecipient with its interpretation of the provisions in question. In the event of an irreconcilable inconsistency, the provisions of the awarding agency documents will govern over the conditions of this Agreement, unless otherwise required by law. 21.0 Books and Records 21.1 Subrecipient will keep and maintain all records specified in 24 CFR § 570.506 which are pertinent to the activities funded under this Agreement. All such records will be open for inspection and audit by duly authorized representatives of County during normal business hours. Record s include, but are not limited to: 21.1.1 A full description of each action or activity taken to comply with this Agreement; 21.1.2 Demonstration that the actions and activities meet one or more of the National Objectives of the CDBG program; 21.1.3 Eligibility documentation and determination; 21.1.4 Documentation of compliance with the fair housing and equal opportunity components of the CDBG program; 21.1.5 Disbursements of funds; 21.1.6 Financial records required under 24 CFR § 570.502 and 24 CFR §§ 84.21 – 28; and 21.1.7 Documentation of compliance with Subpart K of 24 CFR Part 570. 21.2 Subrecipient must retain all records pertaining to this Agreement for four years after County submits the annual performance and evaluation report to HUD in which the CDBG-funded activities under this Agreement are reported on for the final time or until completion of any action and resolution of all issues which arise from any related litigation, claim, negotiations, audit or other action involving the records that was started before the expiration of the 4 -year period, whichever is later. 22.0 Audit Requirements 22.1 Subrecipient will: 22.1.1 Comply with the applicable provisions of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Parts 200 and 2400). 22.1.2 Establish and mainta in a separate, identifiable accounting of all funds provided by County under this Agreement. The accounting must record all expenditures which are used to support invoices and requests for payment from County. 22.1.3 Establish and maintain accounting records which identify the source and application of any funds not provided under this Agreement used to support these Agreement activities. 22.1.4 Ensure that all accounting records meet the requirements of the Federal, State, County, and generally accepted accounting principles laws and regulations. 22.1.5 Upon written notice from County, provide a program-specific or financial audit. Such notice from County will specify the period to be covered by the audit, the type of audit and the deadline for completion and submission of the audit. Regular Council Meeting 02/16/2021 Page 165 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 12 of 20 22.1.6 Assure that any audit conducted pursuant to this Agreement is performed by a qualified, independent accounting firm and submitted to County within six months of completion of the audit required pursuant to this Section 22 .0, unless a different time is specified by County. The audit submitted must include Subrecipient responses, if any, concerning any audit findings. 22.1.7 Pay all costs for any audit required or requested pursuant to this Section 2 2.0, unless the cost is allowable for payment with the grant funds provided pursuant to this Agreement under the appropriate federal or state grant law and the cost was specifically included in the Subrecipient grant budget approved by County. 22.2 If Subrecipient is a "nonprofit corporation" that meets the definition of “corporation” in A.R.S. §10- 3140, Subrecipient will comply with the applicable audit requirements in A.R.S. § 11 -624, “Audit of Non-Profit Corporations Receiving County Monies.” If Subrecipient meets or exceeds the single audit threshold in 2 CFR Part 200, Subrecipient will comply with federal single audit requirements and, upon request from County, provide County with a copy of the required audit document within 90 days following the end of Subrecipient’s fiscal year. Subrecipient must timely submit the required or requested audit(s) to: Rise Hart Pima County Department of Community & Workforce Development 2797 East Ajo Way, 3rd Floor Tucson, Arizona 85713 23.0 Copyright Neither Subrecipient nor its officers, agents or emp loyees will copyright any materials or products developed through contract services provided or contract expenditures made under this Agreement without prior written approval by County. Upon approval, County will have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 24.0 Property of County Subrecipient is not the agent of County for any purpose and will not purchase any materials, equipment or supplies on the credit of County. Any materials, including reports, computer programs and other deliverables, created under this Agreement are the sole property of County. Subrecipient is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Subrecipient will not use or release these materials without the prior written consent of County. 25.0 Disposal of Property Termination of this Agreement will not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of property pursuant to this Agreement. 26.0 Coordination On matters relating to the administration of this Agreement, County will be Subrecipient's contact with all Federal, State and local agencies that provide funding for this Agreement. 27.0 Public Records 27.1 Disclosure. Pursuant to Arizona Public Records law, A.R.S. § 39 -121 et seq., and A.R.S. § 34- 603(H) in the case of construction or architectural and engineering services procured under A.R.S. § Title 34, Chapter 6, all documents submitted in response to the solicitation resulting in an award of Regular Council Meeting 02/16/2021 Page 166 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 13 of 20 this Agreement, including, but not limited to pricing schedules, product specifications, work plans, and any supporting documents, are public records. As such, those documents are subj ect to release and/or review by the general public upon request, including competitors. 27.2 Records Marked Confidential; Notice and Protective Order. If Subrecipient reasonably believes that some of the records listed in paragraph 27.1 contain proprietary, trade-secret or otherwise- confidential information, Subrecipient must prominently mark those records “CONFIDENTIAL”. In the event that a public records request is submitted to County for records marked “CONFIDENTIAL,” County will notify Subrecipient of the request as soon as reasonably possible . County will release the records ten business days after the date of notice, unless Subrecipient has, within that period, secured an appropriate order from a court of competent jurisdiction in Arizona, enjoining the release of the records. County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order. 28.0 Eligibility for Public Benefits Subrecipient will comply with applicable provisions of A.R.S. §§1 -501 and 1-502 regarding public benefits, which are hereby incorporated as provisions of this Agreement. 29.0 Legal Arizona Workers Act Compliance 29.1 Compliance with Immigration Laws. Subrecipient hereby warrants that it will at all times during the term of this Agreement comply with all federal immigration laws applicable to Subrecipient’s employment of its employees, and with the requirements of A.R.S. § 23 -214 (A) (together the “State and Federal Immigration Laws”). Subrecipient will further ensure that each subcontractor who performs any work for Subrecipient under this Agreement likewise complies with the State and Federal Immigration Laws. 29.2 Books and Records. County has the right at any time to inspect the books and records of Subrecipient and any subcontractor in order to verify such party’s compliance with the State and Federal Immigration Laws. 29.3 Remedies for Breach of Warranty. Any breach of Subrecipient’s or any subcontractor’s warranty of compliance with the State and Federal Immigration Laws, or of any other provision of this Section 29.0, is a material breach of this Agreement subjecting Subrecipient to p enalties up to and including suspension or termination of this Agreement. If the breach is by a subcontractor, and the subcontract is suspended or terminated as a result, Subrecipient will be required to take such steps as may be necessary to either self-perform the services that would have been provided under the subcontract or retain a replacement subcontractor, as soon as possible so as not to delay project completion. Any additional costs attributable directly or indirectly to such remedial action are the responsibility of Subrecipient. 29.4 Subcontractors. Subrecipient will advise each subcontractor of County’s rights, and the subcontractor’s obligations, under this Section 29.0 by including a provision in each subcontract substantially in the following form: “Subcontractor hereby warrants that it will at all times during the term of this Agreement comply with all federal immigration laws applicable to Subcontractor’s employees, and with the requirements of A.R.S. § 23 -214 (A). Subcontractor further agrees that County may inspect the Subcontractor’s books and records to ensure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this Agreement .” Regular Council Meeting 02/16/2021 Page 167 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 14 of 20 30.0 No Joint Venture It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Court employees, or between Court and any County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 31.0 Remedies Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each will be c umulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement. 32.0 Severability Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by law will be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. 33.0 Non-Exclusive Agreement Subrecipient understands that this Agreement is nonexclusive and is for the sole convenience of County. County reserves the right to obtain like services from other sources for any reason. 34.0 No Third-Party Beneficiaries Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 35.0 Israel Boycott Certification Pursuant to A.R.S. § 35-393.01, if Subrecipient engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, Subrecipient certifies it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycot t of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 36.0 Entire Agreement This document constitutes the entire agreement between the parties perta ining to the subject it addresses and supersedes all prior or contemporaneous agreements and understandings, oral or written. No verbal agreements or conversations with any officer, agent or employee of County prior to or after the execution of this Agreement will affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreements are unofficial information and in no way binding upon County. SIGNATURE PAGE TO FOLLOW Regular Council Meeting 02/16/2021 Page 168 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 15 of 20 The parties have affixed their signatures to this Agreement on the date written below. PIMA COUNTY _______________________________________ Chair, Board of Supervisors Date: _____________________ ATTEST: _______________________________________ Clerk of the Board Date APPROVED AS TO CONTENT: _______________________________________ Daniel Tylutki, Deputy Director Department of Community & Workforce Development TOWN OF MARANA _______________________________________ Mayor, Town of Marana Date: ____________________ ATTEST: _______________________________________ Town Clerk Date The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. §11-952 by the undersigned Deputy County Attorney and the Town of Marana Attorney, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by Pima County and the Town of Marana. PIMA COUNTY ________________________________________ Stacey Roseberry, Deputy County Attorney TOWN OF MARANA _____________________________________ Town Attorney Regular Council Meeting 02/16/2021 Page 169 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 16 of 20 EXHIBIT A SCOPE OF WORK 1. Program Title : Management and Implementation of the Town of Marana Community Development Block Grant Program (“the CDBG Program”). 2. Program Purpose: The Program will provide the following eligible CDBG activities for income-qualified persons and households in Marana, Arizona: 1) Program Administration; 2) Colonia Neighborhood Cleanup public service activities; and 3) Emergency Home Repair and Owner-Occupied Housing Rehabilitation. 3. Program Activities . Subrecipient shall comply with the 2020-2021 Annual Action Plan as follows : 3.1. Program Administration. Subrecipient shall provide eligible, general CDBG program administration functions and activities for the management and implementation of the CDBG program to the extent allowed under 24 CFR 570.206. 3.2. Colonia Neighborhood Cleanup. Pursuant to 24 CFR§570.201(e), Subrecipient shall select and identify neighborhoods where cleanup activities will take place. For each area selected , Subrecipient shall: 3.2.1. Reach out to community representatives and groups to identify specific community cleanup needs; 3.2.2. Complete a thorough needs assessment for each suggested community cleanup activity; 3.2.3. Organize and hold or attend established community meetings to organize and plan cleanups as appropriate; 3.2.4. Conduct cleanup activities; and, 3.2.5. Provide addressing for homes as needed . 3.2.6. Procure, by competitive bidding and quotes, required materials, supplies and services to conduct community cleanup activities, including, but not limited to roll-off dumpsters; heavy equipment rental or operations costs, e.g., backhoes, front loaders, skid steers, and augers; trailers; safety equipment (including Personal Protective Equipment) for workers and volunteers; hand and power tools; t-shirts; and, marketing flyers and posters promoting the project. 3.3. Eligible Emergency Home Repair and Owner-Occupied Housing Rehabilitation. Pursuant to 24 CFR §570.202, Subrecipient shall rank eligible applicants based on severity of health and safety issues in the home and give priority to applicants most in need with special consideration given to households with persons age 60 or older, disabled persons, or with children 6 years of age and younger. Subrecipient shall also prepare a written scope of work of home repairs, adaptive construction, and safety hardware work that Subrecipient will complete. In addition, Subrecipient shall complete an Environmental Review Record (ERR) for each home scheduled to be assisted and submit this ERR to County for review and approval. County must approve the ERR before Subrecipient may commit funds or carry out work on a home. On conventional (site- built) homes constructed prior to 1978, Subrecipient shall comply with HUD’s Lead Safe Housing Rule (24 CFR Part 35) as follows : Regular Council Meeting 02/16/2021 Page 170 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 17 of 20 3.3.1. Provide the applicant with the U.S. Environmental Protection Agency’s “The Lead -Safe Certified Guide to Renovate Right” brochure (www.cpsc.gov/s3fs-public/renovater ight.pdf); 3.3.2. Secure a signed acknowledgement from applicant confirming receipt of the brochure noted in 3.3.4.1; and, 3.4. Client Files . Subrecipient shall create a file for each approved applicant and retain the files for four years after Subrecipient submits the final quarterly report to County after termination of this Agreement. Each file must contain: 3.4.1. Client’s application and program eligibility documentation; 3.4.2. Copies of all agreements and authorizations obtained from applicant; 3.4.3. Records of disbursements made for work approved and completed; 3.4.4. Copies of onsite inspections by Subrecipient or designated rehabilitation specialists, approvals of rehabilitation work, the final inspection, and client sign-off; 3.4.5. Completed ERR signed and dated by County; 3.4.6. Contractor(s) certifications; 3.4.7. Signed lead acknowledgement, if required under paragraph 3.3.4.2; and, 3.4.8. Signed repair limitations, if required under paragraph 3.1.5 3.5. Procurement. Subrecipient shall procure, by competitive quotes (1) eligible professional and outside services, as needed; and (2) materials and supplies for emergency home repair, adaptive construction, and safety hardware including, but not limited to plumbing; heating and cooling; electrical; flooring; exterior (roofing, windows, doors); accessibility/safety hardware; and required lead mitigation activities 3.6. Applicant eligibility verification. Subrecipient shall verify eligibility of applicants. Each household receiving assistance under this program must meet all of the following criteria. 3.6.1. Each applicant must live within the corporate limits of the Town of Marana and must have a household income at or below most current measure 80% Area Median Income (AMI). Each applicant must also intend to live in the home for at least 12 months from the date of work completion and acceptance recorded on client sign-off. In addition, each applicant must agree to not sell the home for at least 12 months from the date of work completion and acceptance recorded on client sign-off 3.6.2. Each applicant must be the owner-occupant of a conventional home, legally affixed manufactured home or non-affixed manufactured home located in Pima County. For a conventional (site built) home, the applicant must have the following proof of ownership: (1) a copy of recorded Property Deed or recorded Affidavit of Affixture; or (2) a copy of Pima County Assessor’s Office property record and a copy of Pima County Treasurer’s Office tax record indicating taxation Property Type of Real Property. For a legally affixed manufactured home, an applicant must have the following proof of ownership: (1) a current and valid copy of the home title from the Arizona Department of Transportation Motor Vehicle Division; or (2) a copy of a Pima County Treasurer’s Office record noting taxation as Personal Property in owner-occupants name for the physical address and showing home year and make. If the applicant is seeking repairs of a non-affixed manufactured home, the home must be installed on a slab, wall, pier or other founda tion or anchoring system; have towing hitch, wheels and axles removed ; and be connected to a source of electricity. For non-affixed manufactured homes that meet this criteria, Subrecipient will ensure that any Regular Council Meeting 02/16/2021 Page 171 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 18 of 20 improvements made through the Program(s) will be to the home structure only and not the lot, space, or land on which it sits. 3.6.3. If a household is located in a Federal Emergency Management Agency (FEMA) Special Flood Hazard Area, the applicant must have and provide proof of current and valid flood insurance. Subrecipient may not proceed with work under the Program if the applicant does not have flood insurance in Special Food Hazard Areas (a Special Flood Hazard Area is any that FEMA has not designated as Zone X, X Shaded, or D). 4. COVID -19 Restrictions . Subrecipient shall provide all in-person and group program services in compliance with Centers for Disease Control and Prevention, State , and County guidelines for operating during the Coronavirus COVID-19 pandemic. If Subrecipient’s performance of the services must be modified or curtailed to comply with public health restrictions related to COVID-19, Subrecipient must immediately report the situation to County. County and Subrecipient will confer at least monthly to determine appropriate performance requirements and activities until services can be resumed in full. 5. Project goal/predicted outcomes: 5.1. Goal: Create viable communities that meet the needs of low- and moderate-income individuals and households through CDBG activities that promote decent housing, suitable living environments and expanded economic opportunities. 5.2. Predicted outcome : Individuals and households will have new or improved access to public services and receive critical home repair services . 6. Public benefit – CDBG National Objective and Eligible Activity: Upon completion, the Town of Marana CDBG Program will meet the HUD CDBG National Objective to assist low- and moderate-income persons and households. 7. Metrics available to measure performance . 7.1. Subrecipient will complete 14 neighborhood cleanups in Colonia communities; and 7.2. Subrecipient will provide four low- to moderate-income households with emergency home repair or owner-occupied housing rehabilitation to that address livability, safety, and accessibility needs 8. Reports . Subrecipient will provide quarterly reports to County for submission to HUD on County’s web-based application system at www.zoomgrants.com. The reports must include, but are not limited to, the following: 8.1. An accomplishment narrative describing program successes and challenges; 8.2. Number of persons benefiting from public facility improvement(s); 8.3. Number of emergency home repairs, adaptive construction, and safety hardware installation projects completed including the full address of each home; 8.4. Household income calculated and identified by appropriate cohort per household to include the number of (1) Extremely Low Income, at or below 30% Area Median Income (“AMI”); (2) Low Income, at or below 50% AMI; or (3) Moderate Income, at or below 80% AMI; 8.5. Racial and ethnic information of applicant or head of household, only; 8.6. Number of female-headed households assisted; 8.7. Number of clients 62 years of age or older assisted ; Regular Council Meeting 02/16/2021 Page 172 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 19 of 20 8.8. Number of disabled clients assisted; 8.9. Lead paint requirements, as applicable, but not limited to housing units constructed before 1978; exempt housing units constructed 1978 or later; exempt due to hard costs ≤$5,000.00; units that are otherwise exempt; 8.10. Lead hazard remediation actions, including: (1) Lead Hazard Work Practices under 24 CFR §35.930(b), (hard costs ≤ $5,000); Interim Controls or Standard Practices under 24 CFR §35.930(c), (hard costs $5,000 - $25,000); or Abatement under 24 CFR §35.930(d), (hard costs > $25,000); and, 8.11. Number of persons benefiting from neighborhood cleanup activities . 8.12. The quarterly reports must be submitted on January 15, 2021; April 15, 2021; July 15, 2021; and October 15, 2021. 8.13. All reporting provisions will survive the termination of this Agreement. 9. Budget: CDBG Funded Activities Budget Administration $ 13,000.00 Colonia Neighborhood Cleanup $ 10,000.00 Emergency Home Repair $ 18,500.00 Owner Occupied Home Repair $ 18,500.00 Total $60,000.00 END OF EXHIBIT A Regular Council Meeting 02/16/2021 Page 173 of 324 105082 / 00869372 / v 1 CT -CR-21-288 Page 20 of 20 EXHIBIT B END OF EXHIBIT B Regular Council Meeting 02/16/2021Page 174 of 324    Council-Regular Meeting   C8        Meeting Date:02/16/2021   To:Mayor and Council From:Kristin Taft, Grants Manager Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-023: Relating to Emergency Management; approving and authorizing the Finance Director to execute the Disaster Assistance Agreement for Federally Declared Disasters with the Department of Emergency and Military Affairs, Division of Emergency Management, State of Arizona, for funding related to COVID-19 expenses (Kristin Taft) Discussion: The Town of Marana has received an Award Package/Agreement from the State of Arizona Department of Emergency and Military Affairs (DEMA) for public emergency assistance under emergency declaration DR 4524-COVID-19. In response to the public health emergency and subsequent emergency declarations, the Town applied for $28,459.29 in reimbursement for supplies and personal protective equipment (PPE), of which 75% or $21,344.47, is eligible for reimbursement through this agreement. The Disaster #4524DR occurred beginning January 20, 2020, and is currently considered “ongoing” by the Federal Emergency Management Agency (FEMA).  On March 13, 2020, President Trump declared the ongoing Coronavirus Disease 2019 (COVID-19) pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to section 501 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"). State, territorial, tribal, and local government entities and certain private non-profit organizations are eligible to apply for Public Assistance. In response to the pandemic, on April 4, 2020 the State of Arizona received a Major Disaster Declaration under Presidentially declared FEMA-4524-DR (the Arizona Covid-19 Pandemic event). The incident period is from January 20, 2020, and ongoing. During the incident period of January 20, 2020 through ongoing, COVID-19 created an immediate threat to the health and safety of the general public requiring emergency Regular Council Meeting 02/16/2021 Page 175 of 324 response and protective measures. When the novel Coronavirus reached Pima County, the Town of Marana immediately responded by beginning to take emergency precautionary measures, including purchasing needed safety supplies and personal protective equipment (PPE). Unfortunately, these items were in high demand with only limited supplies available. The Town of Marana Public Works Department, Facilities Division took the lead in sourcing many of the necessary supplies for crucial front-line staff to continue providing public service.  The Town of Marana required PPE for Town employees carrying out required public health activities, public safety services and other essential functions requiring contact with the public. Two departments, Marana Police Department and the Public Works/Facilities Department, required the highest amount of PPE and sanitary equipment for staff and public safety. Marana Police Department issued PPE to department staff in order to continue providing essential law enforcement services. This included various PPE and disinfectants for Patrol Officers, Dispatch Services, and Detectives. Police personnel were required to continue all regular tasks but many needed to be modified to allow for increased safety precautions. Public Works/Facilities Department staff continued providing essential Town services as well as performing additional duties to rapidly disinfect high-use public spaces such as public parks and community buildings. While both of these departments typically require standard PPE for workplace safety, all staff began utilizing increased amounts of PPE above the standard. In addition to those staff who typically use some forms of PPE, staff who do not typically require PPE (such as Court/Legal personnel, Animal Control Officers, and desk personnel serving at public counters), began using PPE as they were in elevated or high-risk situations interacting with the general public. Financial Impact: Fiscal Year:2020 & 2021 Budgeted Y/N: Y Amount:$21,344.47 The Town was awarded $28,459.29. Of this, DEMA/FEMA will reimburse 75% with a 25% match required by the Town. The Town may request up to $21,344.47 in reimbursement with a match of $7,114.82. Staff Recommendation: Staff recommends approval of the grant agreement. Suggested Motion: I move to adopt Resolution No. 2021-023; approving and authorizing the Finance Regular Council Meeting 02/16/2021 Page 176 of 324 I move to adopt Resolution No. 2021-023; approving and authorizing the Finance Director to execute the Disaster Assistance Agreement for Federally Declared Disasters with the Department of Emergency and Military Affairs, Division of Emergency Management, State of Arizona, for funding related to COVID-19. Attachments Resolution No. 2021-023 Exhibit A - Agreement Regular Council Meeting 02/16/2021 Page 177 of 324 00074254.DOCX /1 Marana Resolution No. 20 21-023 MARANA RESOLUTION NO. 202 1-023 RELATING TO EMERGENCY MANAGEMENT ; APPROVING AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE THE DISASTER ASSISTANCE AGREEMENT FOR FEDERALLY DECLAR ED DISASTERS WITH THE DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT, STATE OF ARIZONA, FOR FUNDING RELATED TO COVID-19 EXPENSES WHEREAS the United States Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020; and WHEREAS the CARES Act established the Disaster Relief Fund, appropriating funding for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and WHEREAS the Department of Emergency and Military Affairs, Division of Emergency Management, State of Arizona (DEMA), has awarded funding to the Town of Marana for purchases of personal protective equipment (PPE) and other materials related to the COVID-19 disaster; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a disaster assistance agreement with DEMA to receive the funding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Disaster Assistance Agreement for Federally Declared Disasters with the Department of Emergency and Military Affairs, Division of Emergency Management, State of Arizona, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Finance Director is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Regular Council Meeting 02/16/2021 Page 178 of 324 00074254.DOCX /1 Marana Resolution No. 20 21-023 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 179 of 324 Regular Council Meeting 02/16/2021 Page 180 of 324 Regular Council Meeting 02/16/2021 Page 181 of 324 Regular Council Meeting 02/16/2021 Page 182 of 324 Regular Council Meeting 02/16/2021 Page 183 of 324 Regular Council Meeting 02/16/2021 Page 184 of 324 Regular Council Meeting 02/16/2021 Page 185 of 324 Regular Council Meeting 02/16/2021 Page 186 of 324 Regular Council Meeting 02/16/2021 Page 187 of 324 Regular Council Meeting 02/16/2021 Page 188 of 324 Regular Council Meeting 02/16/2021 Page 189 of 324 Regular Council Meeting 02/16/2021 Page 190 of 324 Regular Council Meeting 02/16/2021 Page 191 of 324 Regular Council Meeting 02/16/2021 Page 192 of 324 Regular Council Meeting 02/16/2021 Page 193 of 324 Regular Council Meeting 02/16/2021 Page 194 of 324 Regular Council Meeting 02/16/2021 Page 195 of 324 Regular Council Meeting 02/16/2021 Page 196 of 324 Regular Council Meeting 02/16/2021 Page 197 of 324      Council-Regular Meeting   C9        Meeting Date:02/16/2021   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:February 16, 2021 Subject:Approval of the Council Study Session Meeting Summary Minutes of February 9, 2021, and the Council Regular Meeting Summary Minutes of February 2, 2021 (Cherry L. Lawson) Attachments Council Study Session Meeting Summary Minutes, 02/09/2021 Regular Council Meeting Summary Minutes, 02/02/2021 Regular Council Meeting 02/16/2021 Page 198 of 324 Study Session Summary Minutes 02/09/2021 1 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 9, 2021 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. Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler (Excused), John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Mayor Honea. APPROVAL OF AGENDA: Council Member Kai moved and Vice Mayor Post second the motion approving the agenda as presented. Motion passes, 6-0. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Relating to the Marana Town Code; update, discussion, and direction regarding potential revisions to the Marana Town Code, including updates to the 2008 Outdoor Lighting Code; updates to the Land Development Code, including discussion of Regular Council Meeting 02/16/2021 Page 199 of 324 Study Session Summary Minutes 02/09/2021 2 proposed revisions to Chapter 17-3 (Administration and Enforcement), and proposed revisions to Title 5 (Zoning) of the Marana Land Development Code, and the replacement of Title 5 (Zoning) by Chapter 17 -4 (Zoning) in the Marana Town Code; and possible implementation of a Neighborhood Preservation Code (Jason Angell) Development Services Director Jason Angell provided a PowerPoint Presentation on the Proposed Town Code Updates , and introduced several Town staff who will provide additional information during the presentation including: Senior Planner Steven Cheslak, Community Development Director Lisa Shafer, Associate Town Attorney David Udall, Town Attorney Jane Fairall, and Town Manager Terry Rozema who may provide additional comments. (The video of the full presentation is available for viewing on the Town’s website, as well as a copy of the printed presentation is available in the Town Clerk’s Office.) Mayor Honea and Council Members asked questions of staff related to the presentation of the code. Each staff person provided responses to the questions or concerns as Council brought forward questions. Mr. Angell thanked Mayor Honea and Council Members for its feedback, and stated Mr. Udall would be first in bringing back Chapter 17 -3 for Council’s consideration on the February 16, 2021 Council Agenda. Staff would continue to work on the other items discussed, and would bring those forward at the appropriate time. 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). 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. Regular Council Meeting 02/16/2021 Page 200 of 324 Study Session Summary Minutes 02/09/2021 3 Vice Mayor Post, moved and Council Member Comerford second the motion to adjourn the meeting. Motion passes, 6-0. Meeting adjourned at 7:40 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 February 9, 2021. I further certify that a quorum was present. ____________________________________ Cherry L. Lawson, Town Clerk Regular Council Meeting 02/16/2021 Page 201 of 324 Regular Council Meeting Summary Minutes 02/02/2021 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 2, 2021, 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 (remotely), and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Kai moved and Council Member Ziegler second the motion approving the agenda as presented. Motion passes unanimously, 7 -0. CALL TO THE PUBLIC PROCLAMATIONS P1 Proclamation declaring 2021 as, "Get Outdoors Arizona" (Jim Conroy) Regular Council Meeting 02/16/2021 Page 202 of 324 Regular Council Meeting Summary Minutes 02/02/2021 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Officer reported that he was home in quarantine at this time. Council Member Ziegler stated she is glad to see Mayor Honea, as she just ended the 5:00 PM Council Committee Meeting and thanked all in attendance for their patience with her. Council Member Comerford stated she is glad that it is Outdoor Recreation Month, as she and her husband recently purchased a new travel trailer. That is their new plan as they approach retirement to take the travel trailer out on the roadways. Mayor Honea thanked Council Member Ziegler for driving as both attended the Fort Tucson event. It is one of the first big public events that he has attended in a year he said it was a great event. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Interim Town Manager reported the Town does not have available at this time the Executive Report as it takes some time to pull the information together. He reported that Development Services issued 99 single -family housing permits in January. Last year in January, the Town issued 76 single -family housing permits. For the fiscal year, the Town is at 565 as compared to 482 last year. He reminded Council that the March 2, 2021 Council Meeting has been canceled because of the scheduled Council Retreat Meeting on March 4 -5, 2021. The meeting will occur in Phoenix and the to wn currently has a draft agenda that staff is working to finalize. Regarding Covid -19 vaccinations, he is happy to report that persons who were eligible to receive the vaccine, the town is over 50% of those people eligible to receive the vaccine has recei ved their first shot. Lastly, he was in Phoenix for his last Chief Quarterly Meeting at that meeting Chief Nunez received state recognition as the Robert J. Devries Leadership in Accreditation Award. Chief Nunez continues to be at the forefront in our state bringing professionalism to the policing profession, and he has been instrumental in bringing that to other agencies within the state to achieve their accreditation. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2021-011: Relating to Utilities; approving and authorizing the Mayor to execute agreements for construction of water and sewer facilities under private contract with Mandarina Holdings, LLC for Mandarina offsite water and offsite sewer facilities (David L. Udall) Regular Council Meeting 02/16/2021 Page 203 of 324 Regular Council Meeting Summary Minutes 02/02/2021 C2 Resolution No. 2021-012: Relating to Development; approving a final plat for Gladden Farms Block 27 - Phase I, Lots 1-81, Common Areas A-1 - A-12 (Landscape, Utilities, Drainage and Grading) and Common Areas B-1 - B-4 (Recreation, Landscape, Utilities, Drainage and Grading) located at the southeast corner of Moore Rd. and Mike Etter Blvd. (Justin Currie) C3 Approval of the Regular Council Meeting Summary Minutes of January 19, 2021, and the Council Study Session Meeting Summary Minutes of January 12, 2021. (Cherry Lawson) Council Member Ziegler moved and Council Member Kai second the motion approving the Consent Agenda. Motion passes unanimously, 7 -0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2021-013: Relating to Boards, Commissions and Committees, making an appointment to the Town of Marana Planning Commission (Cherry L. Lawson) Ms. Lawson provided an overview of this item relating to an appointment to the Marana Planning Commission. Council Member Ziegler stated the Committee had a good discussion during its meeting at 5:00 PM to discuss making a recommendation to fill the Planning Commission vacancy. The Town received some great resumes for the position, and the Committee is recommending John Flint be appointed to serve on the Planning Commission. Council Member Ziegler moved and Council Member Officer second the motion approving Resolution No. 2021 -013 appointing John Flint to the Marana Planning Commission with a term ending June 30, 2023. Motion passes unanimously, 7-0. John Flint thanked the Council for its recommendation and appointment to the Planning Commission. He provided an overview of his experience in the planning profession. COUNCIL ACTION A1 Resolution No. 2021-014: Relating to Parks and Recreation; approving and authorizing the implementation of the Marana Parks and Recreation 10 Year Master Plan (Jim Conroy) Parks and Recreation Director Jim Conroy provided a PowerPoint Presentation on the Marana Parks and Recreation 10 Year Master Plan. (A copy of this presentation is on file for review, as well as the video on the Town’s website www.maranaaz.gov.) Regular Council Meeting 02/16/2021 Page 204 of 324 Regular Council Meeting Summary Minutes 02/02/2021 Council Member Craig commended all who were involved in creating and presenting the Marana Parks and Recreation 10 Year Master Plan. It is a well -researched and inclusive plan. Council Member Craig moved and Vice Mayor Post second the motion approving Resolution No. 2021-014. Motion passes unanimously, 7-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Resolution No. 2021 -015: Relating to Administration; appointing Terry S. Rozema as Town Manager; approving and authorizing the Mayor to execute an Employment Agreement between the Town of Marana and Terry S. Rozema (Jane Fairall) Town Attorney Jane Fairall provided an overview of Resolution No. 2021-015 appointing Terry S. Rozema as Town Manager; approving and authorizing the Mayor to execute an Employment agreement with Interim Manager Terry Rozema. Ms. Fairall provided an overview of this item stating on January 19, 2021 the Mayor and Council entered into an executive session meeting to discuss Mr. Rozema employment. At that time upon coming out of executive session, Council directed staff to prepare an Employment Agreement for Mr. Rozema as the Town Manager. She has prepared the agreement according to the terms as directed by the Council, and enclosed in the packet for consideration. She stated there is an executive session scheduled on the agenda in the event Council wishes to have further discussion privately; although, no t necessary. Vice Mayor Post moved and Council Member Kai second the motion approving Resolution No. 2021-015 appointing Terry S. Rozema as Town Manager, and approving and authorizing the Mayor to execute an Employment Agreement between the Town of Marana and Terry S. Rozema. Mayor Honea requested a roll call vote on the motion. Ayes: Mayor Honea, Vice Mayor Post, Council Members Craig, Comerford, Kai, Officer and Ziegler. Nays: None Motion passes unanimously, 7-0. D2 Relating to Budget; discussion, direction and possible action regarding development of the fiscal year 2021/2022 budget, including proposed budget initiatives and expenditures (Terry Rozema) Town Manager Terry Rozema thanked the Council for its confidence in him in leading the town, as it has been 35 years in public service, with the last 10 years as Marana’s Police Chief and had been the most rewarding of his career, thus far. Although he has had Regular Council Meeting 02/16/2021 Page 205 of 324 Regular Council Meeting Summary Minutes 02/02/2021 opportunities to do other things, he had not considered those things as he viewed himself as Marana’s Police Chief until such time that he retires. He is humbled and honored that Council has placed him in this position, and will work hard for the Council and the Marana community. He thanked Council for the honor. He provided an overview and asked whether Council had any requests to be included as, the Town prepares the budg et for the upcoming fiscal year 2022. D3 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) Development Services Director Jason Angell provided an update of the public and private projects occurring in Marana, and reviewing where the information exists on the website. D4 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 not much to report on the federal level; however, on the state it is business as usual. A couple of bills that the town has been tracking seems to be going away. One in particular that is important to Marana – SB1057 that deals with contrac ts that would have been detrimental to municipalities. That one has died. House Bill 2211 that deals with TPT . In its current form, it appears as though it is dying a slow death as well; however, it is possible that a new version of that will come back. W e do not know what that would look like at this time. He thanked Council Member Ziegler for her suggestion of creating a Legislative Summary Report of those bills that the Town is following, and that are of concern. Council Member Ziegler thanked Mr. Rozema for putting together the report as she finds the information helpful. Mr. Rozema credited Assistant to the Town Manager Heath Vescovi-Chiordi for creating the report. Mayor Honea reported that Mr. Rozema had spoken with TriAdvocates and Senator Leach, that he spoke with Senator Leach last week and he had dropped the bill by $5M for the Tangerine Road widening project. Mr. Rozema stated if that bill goes through, it is the town’s hope it does. If it does, it would be a big boost to the $17M that is needed for our portion of that project. 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. Regular Council Meeting 02/16/2021 Page 206 of 324 Regular Council Meeting Summary Minutes 02/02/2021 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 l isted in A.R.S. §38-431.03 (A). E2 Executive Session pursuant to A.R.S. § 38 -431.03 (A) (1) for discussion, consideration and possible interviews of candidates for appointment to the Planning Commission. E3 Executive Session pursuant to A.R.S. §38 -431.03 (A)(1) to discuss the employment of Interim Town Manager Terry Rozema, including the possible appointment of Mr. Rozema as Town Manager and discussion of the terms of the Town Manager’s Employment Agreement. 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 Comerford second the motion adjourning the meeting. Motion passes unanimously, 7 -0. Meeting adjourned at 6:53 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town Council meeting held on February 2, 2021. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Regular Council Meeting 02/16/2021 Page 207 of 324      Council-Regular Meeting   A1        Meeting Date:02/16/2021   To:Mayor and Council From:Brian Varney, Senior Planner Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.001; Relating to Development; approving a rezoning of approximately 40 acres of land located east of Interstate 10, south of Tangerine Road, and west of Breakers Road from Zone C - Large Lot Zone to Heavy Industry (HI) (Brian D. Varney) Discussion: Request Paradigm Land Design, LLC, representing MC Tangerine Property, LLC, is requesting to rezone approximately 40 acres of land from Zone C - Large Lot Zone to Heavy Industry (HI). Marana General Plan The 2040 Marana General Plan designates the proposed rezoning area as the land use category of Employment (E). The Employment designation applies to areas best suited for the development of industrial, warehousing, manufacturing, business park, corporate center, research and development, and similar land uses. The land uses proposed with this rezoning are consistent with the General Plan. Surrounding and Existing Land Use The rezoning area is bordered on the north by both Zone C and HI zoning that is occupied by commercial and industrial uses. Property to the east is also zoned Zone C and HI with commercial and industrial land uses as well as undeveloped land. Agricultural land use and undeveloped land is located south of the rezoning area and zoned Zone C. The zoning of the property west of the rezoning area is Mixed Use Zone (MU-1), and contains commercial / industrial land uses as well as a few single-family residential properties. Regular Council Meeting 02/16/2021 Page 208 of 324 The topography of the property is characterized by relatively flat terrain with a typical slope from the northeast to the southwest. As the applicant moves forward with plans for development of the site, a grading plan and additional drainage study will be required that will evaluate all on-site and off-site drainage in greater detail. All appropriate drainage infrastructure, including an on-site drainage basin, will be required to be constructed by the developer. Proposed Land Use The land uses proposed with the development of this property include recreational vehicle storage, indoor storage, and contractor storage yards. The applicant also plans to operate his contracting business from the site. The Land Use Concept Plan, Exhibit III-D-2 of the site analysis document, indicates that approximately half of the site is proposed to be utilized as contractor yards, and the remaining area to be used for Recreational Vehicle and indoor storage. The plan indicates that the size of the individual yards may vary depending upon the demand of the market.  Future development of the site will be subject to the development plan process to include; site plan review, landscaping, design review, improvement plans, and ultimately followed with construction plan documents. Applicable development within the site will be subject to the Town's design standards to ensure quality development.  Access and Circulation  Two points of access are proposed off of Breakers Road. One access will serve both the RV and indoor storage components, and a second access will be provided for the contractor storage yards. The Town is requiring the dedication of land for additional right-of-way along Breakers Road at a width of approximately 30 feet to align with existing right-of-way north of the project. The Town is also requiring road improvements (paving) to Breakers Road along the project's frontage that are appropriate for the accommodation of industrial vehicle traffic in accordance with Town standards and the approved traffic statement. The Town's Traffic Engineering Division has approved the traffic statement submitted for the project.     Utilities The rezoning area is located within the Marana Water service area and will be served by the Town. The Town is requiring an extension of the existing water infrastructure, including a 16" water line, to the southern boundary of the rezoning area. A proposed plan identifying water use, fire flow requirements and all on-site and off-site water facilities will be required during the development plan process. A water service agreement and all necessary on-site and off-site water infrastructure will be required to be constructed by the property owner / developer at time of development. Sewer service will be provided by private on-site septic systems. The rezoning area lies within the service areas of Northwest Fire District, TRICO Electric, Southwest Gas, and Century Link.    Citizen Participation The applicants held an online neighborhood meeting on September 9, 2020 to introduce Regular Council Meeting 02/16/2021 Page 209 of 324 The applicants held an online neighborhood meeting on September 9, 2020 to introduce the proposed rezoning to the nearby property owners and determine the level of support or concern regarding the project. The applicant indicated the meeting was attended by three property owners who concurred the use was appropriate for the location. There was concern that water pressure could be an issue and felt that future water infrastructure improvements by the Town would be beneficial.       Public Notification The public hearing was appropriately noticed in The Daily Territorial, and all property owners within 300 feet of the boundary of the rezoning area were noticed by United States mail of the date, time, and topic of the public hearing. Additional notice was posted at various locations within the community.   Recommended Findings of Fact The property is currently zoned Zone C - Large Lot Zone. The proposed change in zoning to Heavy Industry (HI) is supported by the Employment (E) land use category of the 2040 Marana General Plan. 1. 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. 2. 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. 3. Case Analysis Review Criteria 1. Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel, etc.: With the acceptance of the recommended conditions this rezoning complies with the requirements of all agencies. 2. Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks, etc.: With the acceptance of the recommended conditions this rezoning complies with the requirements, the purpose and intent of the Marana Land Development Code.  3. Consistent with the purpose of the zoning regulations and with the intent of the General Plan: This amendment is consistent with the purpose and intent of the Town of Marana General Plan.  4. Compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Town:  Based upon the requirements and conditions, this amendment does not appear to be detrimental to the immediate area or to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: Staff recommends the adoption of Ordinance No. 2021.001, approving the Tangerine Regular Council Meeting 02/16/2021 Page 210 of 324 Staff recommends the adoption of Ordinance No. 2021.001, approving the Tangerine 40 Rezoning based upon the recommended findings and subject to the conditions set forth in the draft ordinance included with these agenda materials. Planning Commission Recommendation: The Planning Commission heard the request for the proposed rezoning on January 27, 2021. By a vote of 4-0, the Planning Commission voted to recommend approval of the Tangerine 40 Rezoning to the Town Council. Suggested Motion: I move to adopt Marana Ordinance No. 2021.001, approving the Tangerine 40 Rezoning subject to the recommended conditions. Attachments Ordinance No. 2021.001 Exhibit A to Ordinance - Legal Description PCZ2011-001 TANGERINE 40 Map PCZ2011-001 TANGERINE 40 App PCZ2011-001 TANGERINE 40 Site Analysis PCZ2011-001 Tangerine 40 Rezoning Presentation Regular Council Meeting 02/16/2021 Page 211 of 324 Ordinance No. 2021.001 - 1 - MARANA ORDINANCE NO. 20 21.001 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 40 ACRES OF LAND LOCATED EAST OF INTERSTATE 10, SOUTH OF TANGERINE ROAD, AND WEST OF BREAKER S ROAD FROM ZONE C - LARGE LOT Z ONE TO HEAVY INDUSTRY (HI) WHEREAS MC Tangerine Property, LLC, (the “Property Owner”) owns a total of 40 acres of land located east of Interstate 10, sou th of Tangerine Road, and west of Breakers Road within Section 5, Township 12 South, and Range 12 East, described and depicted on Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area”); and WHEREAS the Property Owner has authorized Paradigm Land Design, LLC to submit an application to rezone the Rezoning Area from Zone C - Large Lot Zone to Heavy Industry (HI) (“this Rezoning”); and WHEREAS the Marana Planning Commission held a public hearing to consider this Rezoning on January 27, 2021 and voted 4-0 to recommend that the Town Council approve this Rezoning subject to the recommended conditions ; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on February 16, 2021, and determined that this Rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from Zone C - Large Lot Zone to Heavy Industry (HI). Section 2. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Property Owner and its successors in interest (all of whom are collectively included in the term “Property Owner” in the following conditions): 1. Compliance with all applicable provisions of the Town’s codes and ordinances current at the time of any subsequent dev elopment including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact fees . Regular Council Meeting 02/16/2021 Page 212 of 324 Ordinance No. 2021.001 - 2 - 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in general conformance with the Land Use Concept plan presented to and approved by the Town Council as part of this Rezoning. 3. A master drainage study must be submitted by the Property Owner and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owner and accepted by the water provider prior to approval of a preliminary plat or development plan for any portion of the Rezoning Area. The WIP shall identify all on-site and off-site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property Owner must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property Owner and accepted by Pima County Regional Wastewater Reclamation Depa rtment (the “wastewater utility”) prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on-site and off-site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility . If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owner must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owner must design and construct any roadway , drainage, water, and wastewater improvements , and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis , the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. The final design of all streets and circu lation facilities, including gated access (if applicable) must be accepted by the Northwest Fire District prior to approval of a development plan or a final plat for any portion of the Rezoning Area. 8. No approval, permit or authorization by the Town of Marana auth orizes violation of any federal or state law or regulation or relieves the Property Owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owner should retain a ppropriate experts and consult appropriate federal Regular Council Meeting 02/16/2021 Page 213 of 324 Ordinance No. 2021.001 - 3 - and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 9. The Property Owner shall transfer to the water provider, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the water provider and the Property Owner shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 10. Prior to the issuance of any grading permits, the Property Owner shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 11. A 100% clearance survey for the desert torto ise shall be completed by a qualified biologist at the Property Owner's expense prior to issuance of any grading permits. If a desert tortoise is found during the survey or at any time during construction, the Property Owner shall immediately notify the AZ GFD, and the tortoise shall be moved in accordance with the most current AZGFD Tortoise Handling Guidelines at the Property Owner’s expense. 12. The Property Owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 13. The Property Owner shall dedicate right-of-way at a width of approximately 30 feet along the eastern boundary of the Rezoning Area in accordance with the approved traffic statement prior to approval of a development plan or upon demand by the Town of Marana. Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . Regular Council Meeting 02/16/2021 Page 214 of 324 Ordinance No. 2021.001 - 4 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 215 of 324 Tangerine 40 Legal Description (per Bruce Small RLS) PARCEL 1: The East half of the North half of the Southwest Quarter of the Northeast Quarter, Section 5, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. TOGETHER WITH a 60 foot easement for ingress, egress and private and public utilities for the benefit of all owners of record in the Northeast Quarter of said Section 5, over the 30.00 feet West of and the 30.00 feet East of the common North South line of Lots 1 and 2 of said Section 5, as granted by Deed of Easement recorded April 02, 1979 in Docket 5996 Page 913. PARCEL 2: The West half of the North half of the Southwest Quarter of the Northeast Quarter, Section 5, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. TOGETHER WITH a 60 foot easement for ingress, egress and private and public utilities for the benefit of all owners of record in the Northeast Quarter of said Section 5, over the 30.00 feet West of and the 30.00 feet East of the common North South line of Lots 1 and 2 of said Section 5, as granted by Deed of Easement recorded April 02, 1979 in Docket 5996 Page 913. PARCEL 3: The South half of the Southwest Quarter of the Northeast Quarter, Section 5, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. TOGETHER WITH a 60 foot easement for ingress, egress and private and public utilities for the benefit of all owners of record in the Northeast Quarter of said Section 5, over the 30.00 feet West of and the 30.00 feet East of the common North South line of Lots 1 and 2 of said Section 5, as granted by Deed of Easement recorded April 02, 1979 in Docket 5996 Page 913. Exhibit "A" Regular Council Meeting 02/16/2021 Page 216 of 324 Legend 1:9,028 PCZ2011-001: Tangerine 40 Rezoning Enter Map Notes Notes0.30.14 THIS MAP IS NOT TO BE USED FOR NAVIGATION© Latitude Geographics Group Ltd. 0.3 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Town of Marana Planning Marana Addresses Parcels (Black) Marana Town Limits Parcels (Black) Marana Street Labels Tangerine Road Breakers Road In t e r s t a t e 1 0 PCZ2011-001 Tangerine 40 Tangerine Road Regular Council Meeting 02/16/2021 Page 217 of 324 Development Services / maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ .gov PROJECT APPLICATION APPLICATION TYPE  Annexation  Development Plan  Development Plan Package  General Plan Amendment  Rezone  Minor Land Division  Significant Land Use Change  Conditional Use Permit  Specific Plan  Landscape Plan  Native Plant Plan/Exception  SWPP  Variance  Hydraulic Model  Sewer Capacity Assurance  Sign Program  Plat  Improvement Plan  Report (Type): ______________  Other: ___________________ PROJECT INFORMATION Project Name: Description of Project: Number of Lots: Parcel No.(s): Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner: Contact Name: Address: City: State: Zip: Email: Phone No.: Applicant: Contact Name: Address: City: State: Zip: Email: Phone No.: Consultant/Engineer: Contact Name: Address: City: State: Zip: Email: Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT) Signature Date FOR OFFICIAL USE ONLY Project No.______________________ Date Received____________________ Revision Date 03/29/2019 Regular Council Meeting 02/16/2021 Page 218 of 324 Regular Council Meeting 02/16/2021 Page 219 of 324 TANGERINE 40 REZONING SITE ANALYSIS (PCZ2011-001) PREPARED BY: CONTACT: PAUL OLAND GPO@PARADIGMLAND.US (520) 664-4304 IN COLLABORATION WITH: DECEMBER 2020 Regular Council Meeting 02/16/2021 Page 220 of 324 PARADIGM #20AYA01 G:\Projects\20ay Breakers 40\a01\0230\Site Analysis\Breakers 40 Site Analysis (2nd Submittal).docx Regular Council Meeting 02/16/2021 Page 221 of 324 i CONTENTS I. Introduction .......................................................................................................................... 1 A. Project Overview ..................................................................................................................................... 1 B. Primary Objectives .................................................................................................................................. 2 C. Strategic Plan Conformance .................................................................................................................... 2 II. Inventory & Analysis .............................................................................................................. 3 A. Existing Land Uses ................................................................................................................................... 3 1. Site Location ........................................................................................................................................................ 3 2. Existing Onsite Zoning and Land Uses .................................................................................................................. 3 3. Existing Adjacent Zoning and Land Uses .............................................................................................................. 4 Exhibit II-A-1: Site Location Map ................................................................................................................................. 6 Exhibit II-A-2: Aerial Photograph & Existing Land Uses .............................................................................................. 7 Exhibit II-A-3: Existing Zoning ..................................................................................................................................... 8 Exhibit II-A-4: Existing General Plan Land Uses ........................................................................................................... 9 B. Topography ........................................................................................................................................... 10 1. Existing Topographic Character ......................................................................................................................... 10 2. Pre-Development Slope ..................................................................................................................................... 10 Exhibit II-B-1: Topography ........................................................................................................................................ 11 C. Hydrology .............................................................................................................................................. 12 1. Offsite Features Affecting Site ........................................................................................................................... 12 2. Acreage of Upstream Offsite Watersheds ......................................................................................................... 12 3. Onsite Hydrology Characteristics ....................................................................................................................... 13 4. Existing Drainage Conditions along the Downstream Property Boundary ......................................................... 13 Exhibit II-C-1: Onsite & Offsite Hydrology ................................................................................................................. 14 Exhibit II-C-2: Effective FEMA Floodplain Map .......................................................................................................... 15 D. Vegetation ............................................................................................................................................ 16 1. Onsite Vegetative Communities and Associations ............................................................................................. 16 2. Significant, Threatened or Endangered Flora .................................................................................................... 16 3. Vegetative Densities .......................................................................................................................................... 16 Exhibit II-D-1: Vegetation.......................................................................................................................................... 17 E. Wildlife .................................................................................................................................................. 18 1. Arizona Game and Fish Department Report ...................................................................................................... 18 Exhibit II-E-1: AZ Game and Fish Department Report ............................................................................................... 19 Regular Council Meeting 02/16/2021 Page 222 of 324 ii F. Soils & Geology ..................................................................................................................................... 30 1. Soils .................................................................................................................................................................... 30 2. Geology .............................................................................................................................................................. 30 Exhibit II-F-1: Hydrologic Soils ................................................................................................................................... 31 G. Viewsheds ............................................................................................................................................. 32 1. Views onto and across the Site from Adjacent Properties ................................................................................. 32 2. Viewsheds which May be Blocked by the Proposed Development ................................................................... 32 3. Areas of High Visibility from Adjacent Offsite Locations .................................................................................... 32 Exhibit II-G-1: Viewsheds .......................................................................................................................................... 33 Exhibit II-G-2: Viewshed Photographs....................................................................................................................... 34 H. Traffic .................................................................................................................................................... 36 1. Existing and Proposed Offsite Streets between the Development and the Nearest Arterial Streets ................ 36 2. Nearby Arterial Streets ...................................................................................................................................... 36 3. Nearby Arterial Intersections ............................................................................................................................. 36 4. Nearby Bicycle / Pedestrian Ways ..................................................................................................................... 36 Exhibit II-H-1: Roadway Network .............................................................................................................................. 37 I. Recreation & Trails ................................................................................................................................ 38 1. Trails, Parks, and Recreation Areas within One Mile of the Site ........................................................................ 38 Exhibit II-I-1: Trails, Parks, & Recreation ................................................................................................................... 39 J. Cultural, Archaeological, & Historic Resources ....................................................................................... 40 1. Onsite Resources ............................................................................................................................................... 40 2. Archaeologist Letter........................................................................................................................................... 40 K. Existing Infrastructure & Public Facilities ................................................................................................ 40 1. Sewer ................................................................................................................................................................. 40 2. Water ................................................................................................................................................................. 40 3. Natural Gas ........................................................................................................................................................ 40 4. Electric ............................................................................................................................................................... 40 5. Fire Service......................................................................................................................................................... 40 6. Police Service ..................................................................................................................................................... 40 Exhibit II-K-1: Existing Wells & Septic Systems .......................................................................................................... 41 Exhibit II-L-1: McHarg Composite Map ..................................................................................................................... 42 Regular Council Meeting 02/16/2021 Page 223 of 324 iii III. Land Use Proposal ................................................................................................................43 A. Purpose & Intent ................................................................................................................................... 43 B. Relationship to the Town of Marana Adopted Plans ............................................................................... 43 C. Compatibility to Adjoining Development ............................................................................................... 44 D. Land Use Proposal ................................................................................................................................. 44 Exhibit III-D-1: Proposed Zoning ............................................................................................................................... 45 Exhibit III-D-2: Land Use Concept .............................................................................................................................. 46 E. Topography ........................................................................................................................................... 47 F. Hydrology .............................................................................................................................................. 47 G. Vegetation ............................................................................................................................................ 48 Exhibit III-G-1: Proposed Bufferyards ........................................................................................................................ 49 H. Wildlife .................................................................................................................................................. 50 I. Viewsheds ............................................................................................................................................. 50 J. Traffic .................................................................................................................................................... 50 K. Public Utilities ....................................................................................................................................... 51 1. Water ................................................................................................................................................................. 51 2. Sewer ................................................................................................................................................................. 51 3. Electric ............................................................................................................................................................... 51 4. Natural Gas ........................................................................................................................................................ 51 5. Telecommunications .......................................................................................................................................... 51 L. Public Service Impacts ........................................................................................................................... 52 1. Police ................................................................................................................................................................. 52 2. Fire ..................................................................................................................................................................... 52 3. Trash & Recycling ............................................................................................................................................... 52 4. Schools ............................................................................................................................................................... 52 5. Parks .................................................................................................................................................................. 52 M. Recreations & Trails ............................................................................................................................... 52 N. Cultural, Archaeological, and Historic Resources .................................................................................... 52 IV. Appendix A – Traffic Impact Statement ................................................................................53 Regular Council Meeting 02/16/2021 Page 224 of 324 iv (This page intentionally blank) Regular Council Meeting 02/16/2021 Page 225 of 324 Tangerine 40 Rezoning Site Analysis I. Introduction 1 I. INTRODUCTION A. PROJECT OVERVIEW The Tangerine 40 project (“Tangerine 40”) is a proposed non-residential development consisting of 20 acres of contractor yards and 20 acres of RV / self-storage located along the west side of Breakers Road approximately one-quarter mile south of Tangerine Road. The Make Marana 2040 General Plan’s “Employment” designation for the Tangerine 40 property indicates that these proposed uses are appropriate for this location. This is further supported by the General Plan’s identification of the Tangerine Road Corridor being ideal for business growth. The proposed development under HI zoning is an appropriate and permitted use within the Employment land use designation, especially at this location in close proximity to Tangerine Road and Interstate-10. The Make Marana 2040 General Plan also encourages redevelopment of outdated or obsolete properties. The Breakers Water Park was a regional recreational amenity for many years, but since it shut down several years ago the Tangerine 40 property has become a haven for illicit activity. This proposed redevelopment of the Breakers property will not only reduce the demand on the Marana PD but will replace the dilapidated property with new businesses meeting current demand. This document has been prepared in support of a request to rezone the Tangerine 40 property from “C – Large Lot Zone” to “HI – Heavy Industry”. The RV / self-storage element is proposed in response to increasing demand for secure storage facilities in Marana and the northwest Tucson area. The contractor yards element will provide a variety of secure, fenced yards for local trade contractors. The proposal is modelled after similar successful businesses in the Phoenix metropolitan area that answer demand for such yard space from local contractors who may not need many acres for their yard, and who are often prohibited by their home HOA from storing their equipment and supplies at their residence. The project developer, Marcon Excavating & Construction, plans to relocate their existing headquarters from their current location in unincorporated Pima County to this site, within the “contractor yards” portion of the project. For more than 20 years, Marcon has provided construction services to dozens of top builders and developers in the greater Tucson area. Marcon’s stated goal is to make expertise in the residential and commercial construction trades available to anyone tackling a major construction project. Regular Council Meeting 02/16/2021 Page 226 of 324 Tangerine 40 Rezoning Site Analysis I. Introduction 2 B. PRIMARY OBJECTIVES • Provide RV storage, self-storage, and contractor yards to help meet demand for these uses in the Town of Marana. • Fulfill the Town of Marana’s vision for business growth in the Tangerine Road corridor. • Redevelop an existing blighted property. C. STRATEGIC PLAN CONFORMANCE The Tangerine 40 project will help indirectly fulfil a number of goals listed in the Marana Strategic Plan. Business attraction is an important goal of Marana’s, and this project not only will bring a successful Tucson-area business into Marana’s boundary, but it will also result in the creation of two new enterprises (the RV/self-storage and the contractor yards). The contractor yards are expected to support primarily local small business, which is another important goal of Marana’s. Lastly, the defunct Breakers Water Park had become a hotspot for activities that required frequent allocation of Marana Police Dept. resources. The project developer has already acquired and secured the Tangerine 40 property, helping to make Marana a safer place. Regular Council Meeting 02/16/2021 Page 227 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 3 II. INVENTORY & ANALYSIS The purpose of the Inventory & Analysis section of this document is to catalog the various developmental opportunities and constraints impacting the property in order to provide a meaningful and relevant context for the development proposal detailed in Section III of this document. Through careful consideration of these existing conditions a design can be deemed appropriate for the area and made compatible with its surroundings. A. EXISTING LAND USES 1. Site Location The Tangerine 40 property consists of three parcels located within Township 12, Range 12 East, Section 5, Town of Marana, Pima County, Arizona. The subject property totals approximately 39.9± acres and is located on the west side of Breakers Road one quarter mile south of Tangerine Road. The Pima County Tax Assessor designates the Tangerine 40 property as parcels 216-08-0100, 216-08-0110, and 216-08-0160. Per Marana Addressing, the administrative address for this development is 11731 N. Breakers Rd., Marana, AZ 85658. Please refer to Exhibit II-A-1: Site Location Map. 2. Existing Onsite Zoning and Land Uses The two northern parcels of the Tangerine 40 property are currently undeveloped and vacant. The southern parcel contains the now defunct Breakers Water Park. Please refer to Exhibit II-A-2: Aerial Photograph & Existing Land Uses and Exhibit II-A-2: Aerial Photograph. The Tangerine 40 property is currently zoned C – Large Lot (Marana). Please refer to Exhibit II-A- 3: Existing Zoning. The Make Marana 2040 General Plan designates the Tangerine 40 property as “Employment (E)”. As stated in the General Plan, the Employment land use designation is applied to areas within Marana that are best suited for development of industrial, warehousing, manufacturing, business park, corporate center, research & development, and other such land uses. Please refer to Exhibit II-A-4: Existing General Plan Land Uses. Regular Council Meeting 02/16/2021 Page 228 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 4 3. Existing Adjacent Zoning and Land Uses a. Surrounding Zoning & Land Uses The Tangerine 40 property is surrounded by the following existing zonings and existing land uses. Please refer to Exhibit II-A-2: Aerial Photograph & Existing Land Uses, and Exhibit II-A-3: Existing Zoning. N: Existing zoning: C Large Lot Zone and HI Heavy Industrial Existing land use: Buhrke Pet Resort, Arizona Rattlesnake Avoidance Training, International Towers NE: Existing zoning: HI Heavy Industrial Existing land use: Premier RV Storage, Hayden Concrete Products, Ray Ready Mix E: Existing zoning: HI Heavy Industrial and C Large Lot Zone Existing land use: Undeveloped Commercial Land, Mission Steel, Dorado Rock & Materials SE: Existing zoning: C Large Lot Zone Existing land use: Undeveloped S: Existing zoning: C Large Lot Zone Existing land use: Agricultural SW: Existing zoning: C Large Lot Zone Existing land use: Agricultural W: Existing zoning: MU-1 Mixed Use Zone Existing land use: We Fab Holdings, Hudson Arizona Properties, Animal Boarding, Residential/Quasi-Residential Uses NW: Existing zoning: C Large Lot Zone Existing land use: Undeveloped b. Surrounding Building Heights Existing buildings both on the Tangerine 40 property and properties adjacent to the subject property are single story. Regular Council Meeting 02/16/2021 Page 229 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 5 c. Surrounding Pending Rezonings There are no pending rezonings within one-quarter mile of the Tangerine 40 property. d. Surrounding Conditionally Approved Zonings There are no conditionally approved zonings within one-quarter mile of the Tangerine 40 property. e. Approved Subdivisions & Development Plans Tangerine Business Park is a 78-acre subdivision located northeast along Tangerine Road. The block plat has ten blocks. Park Sol Dog, a proposed veterinary clinic to the east, has a current Development Plan in review. Premier RV Storage, an existing facility to the east, has a development plan for an expansion in review. PVB Fabrication, to the north, has a current Development Plan in review. The Park ‘n Shade of Tucson & Contractor’s Yards development plan was approved roughly one quarter mile northeast of the Tangerine 40 property. The International Towers development plan was approved adjacent to the Tangerine 40 property’s northern edge. f. Architectural Styles used in Adjacent Properties Architectural styles near the Tangerine 40 property are generally built of either brick or metal siding in either the ranch or the contemporary style. Regular Council Meeting 02/16/2021 Page 230 of 324 Regular Council Meeting 02/16/2021 Page 231 of 324 Regular Council Meeting 02/16/2021 Page 232 of 324 Regular Council Meeting 02/16/2021 Page 233 of 324 Regular Council Meeting 02/16/2021 Page 234 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 10 B. TOPOGRAPHY 1. Existing Topographic Character The topography of the Tangerine 40 property is generally characterized by relatively flat terrain with a very gentle downward slope from northeast to southwest. Slopes less than 15% characterize the entire Tangerine 40 property with elevations ranging from approximately 2,104 feet at the highest point near the northeast corner of the subject property to 2,066 feet at the lowest point near the southwest corner of the subject property. The site features a single, shallow drainageway. The site does not contain any hillside conservation areas, rock outcrops, or other significant topographic features. Please refer to Exhibit II-B-1: Topography. 2. Pre-Development Slope a. Average Cross-Slope The pre-development average cross-slope for the Tangerine 40 property is approximately 7.6 percent, according to the following formula: C= Contour Interval L= Length of Topographic Contours A= Acreage of Site (C x L x 0.0023) / A = Average Cross Slope (2’ x 65,555’ x 0.0023) / 39.9 ac. = 7.6% b. Average Overall Slope The pre-development average overall slope is 2% from the northeast corner to the southwest corner of the Tangerine 40 property. The significant difference between the average cross slope and the overall slope is due to the large berm onsite that was constructed as part of the Breakers Water Park improvements. Regular Council Meeting 02/16/2021 Page 235 of 324 Regular Council Meeting 02/16/2021 Page 236 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 12 C. HYDROLOGY This section of the site analysis describes pre-development onsite and offsite hydrologic and hydraulic characteristics. CMG Drainage Engineering, Inc. (CMG) conducted a preliminary drainage assessment for the development site based on the results of recent hydrologic computations using the PC Hydro method. 1. Offsite Features Affecting Site There are no significant offsite features that affect the development site. Upstream floodplain conditions can be defined as sheet flow and watershed divides are difficult to identify. As such, flows can cross watershed boundaries during higher magnitude storms. Roads and small earthen berms may direct or divert flows during small storms but are inconsequential during the 100-year event. 2. Acreage of Upstream Offsite Watersheds Exhibit II-C-1: Onsite & Offsite Hydrology shows the boundaries of offsite watersheds that impact the Tangerine 40 property. This development is located within a critical hydrologic basin as defined by the Town of Marana. The upstream watersheds impact the subject property at four concentration points along the north and east property boundaries. These flow Concentration Points, identified as CP-1, CP-2, CP-3, and CP-4 are labeled numerically on the exhibit, and their respective 100-year discharges and watershed acreages are listed in tabular form on the exhibit. There is one concentration point along the downstream boundary labeled as CP-1 on the exhibit. Concentration Point Area (Acres) Q100 (CFS) 1 (Incl. CP 1-5) 851.6 607.8 2 42.7 128.9 3 60 120 4 697.4 611.5 5 11.5 40.1 Regular Council Meeting 02/16/2021 Page 237 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 13 3. Onsite Hydrology Characteristics There are no well-defined onsite watershed boundaries due to the sheet flow conditions present throughout the area. The land surface slopes toward the southwest property corner. Please refer to Exhibit II-C-1: Onsite & Offsite Hydrology. a. 100-year Floodplains with Peak Discharges ≥ 50 CFS All peak discharges entering and exiting the site, as well as their contributing drainage areas have been shown on Exhibit II-C-1: Onsite & Offsite Hydrology. b. Areas of Sheet Flooding and Average Depths Areas of sheet flooding are present across this entire development site. c. Federally Mapped Floodways and Floodplains The effective FEMA floodplain limits and zone designations have been shown on Exhibit II-C-2: Effective FEMA Floodplain Map. FEMA shows the Tangerine 40 property to be in Zone A01 which indicates average flooding depths of about one foot. 4. Existing Drainage Conditions along the Downstream Property Boundary Stormwater runoff leaving the site along the south and west boundaries as sheet flow. The primary point of concentration is the southwest corner of the Tangerine 40 property. Existing earthen ditches and berms direct low flows to this location. An existing earthen berm directs flow due west along the north side of a farm field. Regular Council Meeting 02/16/2021 Page 238 of 324 Regular Council Meeting 02/16/2021 Page 239 of 324 Regular Council Meeting 02/16/2021 Page 240 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 16 D. VEGETATION 1. Onsite Vegetative Communities and Associations Most of the site has been previously disturbed by agricultural activities and the Breakers Water Park development. Undisturbed portions of the site feature vegetation typically found within the Arizona Upland Sonoran Desert Scrub Biotic Community, Paloverde – Mixed Cacti series. On the northern parcels native species include creosote (Larea tridentata), native mesquite (Prosopis velutina), Palo Verde (Cercidium microphyllum), and Desert Willow (Chilopsis linearis). On the southern parcel vegetation consists of Date Palms (Phoenix dactylifera), Fan Palms (Washingtonia robusta), Eucalyptus (Eucalyptus sp.), and Aleppo Pine (Pinus halepensis). 2. Significant, Threatened or Endangered Flora The site is not characterized by unusually high native plant density or an unusually large number of mature specimens of individual trees or columnar cactus species. Grading and clearing have substantially altered the landscape onsite. No threatened or endangered flora are known to exist onsite. 3. Vegetative Densities Native vegetative density within the Tangerine 40 property is approximately 7% plant cover. Please refer to Exhibit II-D-1: Vegetation. Looking East Across the Site Looking West Across the Site Looking West Across the Site Looking South Across the Site Regular Council Meeting 02/16/2021 Page 241 of 324 Regular Council Meeting 02/16/2021 Page 242 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 18 E. WILDLIFE 1. Arizona Game and Fish Department Report The Arizona Game and Fish Department’s online review tool has been consulted, and the Environmental Review report, dated August 3, 2020, indicates that several federally listed species have been known to exist in the vicinity of this development. Any protected species encountered onsite will be handled according to applicable regulatory criteria. Please refer to Exhibit II-E-1: AZ Game and Fish Department Report. Regular Council Meeting 02/16/2021 Page 243 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 19 Exhibit II-E-1: AZ Game and Fish Department Report Regular Council Meeting 02/16/2021 Page 244 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 20 Regular Council Meeting 02/16/2021 Page 245 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 21 Regular Council Meeting 02/16/2021 Page 246 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 22 Regular Council Meeting 02/16/2021 Page 247 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 23 Regular Council Meeting 02/16/2021 Page 248 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 24 Regular Council Meeting 02/16/2021 Page 249 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 25 Regular Council Meeting 02/16/2021 Page 250 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 26 Regular Council Meeting 02/16/2021 Page 251 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 27 Regular Council Meeting 02/16/2021 Page 252 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 28 Regular Council Meeting 02/16/2021 Page 253 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 29 Regular Council Meeting 02/16/2021 Page 254 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 30 F. SOILS & GEOLOGY 1. Soils Soils in the vicinity of this development are classified by the U.S. Natural Resources Conservation Service (NRCS) as 100% “Soil Group A” hydrologic soil group (Anthony gravelly sandy loam, 1-3% slopes). A detailed geotechnical investigation will be performed prior to development. Please refer to Exhibit II-F-1: Hydrologic Soils. 2. Geology According to the Arizona Geological Survey’s online Geologic Map of Arizona (data.azgs.az.gov/geologic-map-of-arizona/) the Tangerine 40 property’s geology is described as “Quaternary Surficial deposits, undivided (0-2 Ma): Unconsolidated to strongly consolidated alluvial and eolian deposits. This unit includes coarse, poorly sorted alluvial fan and terrace deposits on middle and upper piedmonts and along large drainages; sand, silt and clay on alluvial plains and playas; and wind-blown sand deposits.” Regular Council Meeting 02/16/2021 Page 255 of 324 Regular Council Meeting 02/16/2021 Page 256 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 32 G. VIEWSHEDS 1. Views onto and across the Site from Adjacent Properties There are no extraordinary mountain views appreciable from or across the Tangerine 40 property. The most visible mountains are to the south where Safford Peak and the extreme northern end of the Tucson Mountains is reasonably visible. Distant views of the Catalina Mountains are to the northeast, while to the east the Catalina Mountains are barely visible. Please refer to Exhibit II-G-1: Viewsheds and Exhibit II-G-2: Viewshed Photographs. 2. Viewsheds which May be Blocked by the Proposed Development None. 3. Areas of High Visibility from Adjacent Offsite Locations Given the relatively flat terrain of this development’s vicinity, the Tangerine 40 property is reasonable visible from all sides. Please refer to Exhibit II-G-1: Viewsheds and Exhibit II-G-2: Viewshed Photographs. Regular Council Meeting 02/16/2021 Page 257 of 324 Regular Council Meeting 02/16/2021 Page 258 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 34 Exhibit II-G-2: Viewshed Photographs Regular Council Meeting 02/16/2021 Page 259 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 35 Exhibit II-G-2: Viewshed Photographs (cont’d) Regular Council Meeting 02/16/2021 Page 260 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 36 H. TRAFFIC 1. Existing and Proposed Offsite Streets between the Development and the Nearest Arterial Streets Breakers Road connects the Tangerine 40 property to Tangerine Road, which is the nearest arterial street. The 2045 P.A.G. Regional Mobility and Accessibility Plan Draft Update shows Tangerine Road programmed to be widened to a 4-lane divided roadway from Interstate-10 to Dove Mountain Blvd. by 2025. Please refer to Exhibit II-H-1: Roadway Network. 2. Nearby Arterial Streets All traffic generated by this development will be accommodated by Breakers Road and Tangerine Road. The nearest major intersection to the site is the Tangerine Road / Interstate-10 traffic interchange. This intersection is located northwest of the site. An analysis of capacity has been prepared by M. Esparza Engineering. Please refer to Exhibit II-H-1: Roadway Network and Traffic Impact Analysis submitted under separate cover. Roadway Name Planned Right-of-Way Width Exist. Lanes Median Type Speed Limit General Plan Designation Breakers Rd. 60’ 2 None 25 mph None Tangerine Rd. 250’+ 2 None 50 mph Arterial Interstate 10 Varies 6 Depressed 75 mph Interstate 3. Nearby Arterial Intersections The only arterial intersection within one mile of the site that will likely carry traffic generated by this development is at Breakers Road. The intersection currently features a dedicated west-bound left-turn lane onto Breakers Road. Please refer to Exhibit II-H-1: Roadway Network. 4. Nearby Bicycle / Pedestrian Ways There are no nearby bicycle or pedestrian ways. Regular Council Meeting 02/16/2021 Page 261 of 324 Regular Council Meeting 02/16/2021 Page 262 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 38 I. RECREATION & TRAILS 1. Trails, Parks, and Recreation Areas within One Mile of the Site The only recreation area within one mile of the Tangerine 40 property is the Rillito Vista Park, which is west of Interstate-10. The Town of Marana is proposing to construct the CAP trailhead 1.5 miles northwest of the site. There are no parks or recreation areas within one mile of the site. Please refer to Exhibit II-I-1: Trails, Parks, & Recreation. Regular Council Meeting 02/16/2021 Page 263 of 324 Regular Council Meeting 02/16/2021 Page 264 of 324 Tangerine 40 Rezoning Site Analysis II. Inventory & Analysis 40 J. CULTURAL, ARCHAEOLOGICAL, & HISTORIC RESOURCES 1. Onsite Resources An archaeological site is located within the Tangerine 40 property and has been thoroughly studied by Westland Resources. On 12/10/2020 Town staff accepted Westland’s End-Of-Fieldwork Report for Phased Data Recovery for a Portion of AZ AA:12:674(ASM) at the Former Breakers Waterpark Property. A Certificate of Approval has been issued, and the Tangerine 40 property has been cleared or development as proposed. 2. Archaeologist Letter N/A. Please see above. K. EXISTING INFRASTRUCTURE & PUBLIC FACILITIES 1. Sewer Not applicable. This development will utilize private onsite wastewater treatment systems. One septic system is known to exist onsite, and it is planned to continue to serve the office building that is proposed to remain onsite. Please refer to Exhibit II-K-1: Existing Wells & Septic Systems. 2. Water This development is within the Town of Marana service area. Please refer to Exhibit II-K-1: Existing Wells & Septic Systems. 3. Natural Gas The Tangerine 40 property is located within the Southwest Gas service area. 4. Electric The Tangerine 40 property is located within the TRICO Electric service area. 5. Fire Service The southern half of the Tangerine 40 property is located within the Northwest Fire District. The north half of the Tangerine 40 property will need to be annexed into the District. NWFD indicated that the development will be served and will need to construct fire hydrants along the aforementioned waterline extension. 6. Police Service The Tangerine 40 property is located within the Town of Marana Police service area. Regular Council Meeting 02/16/2021 Page 265 of 324 Regular Council Meeting 02/16/2021 Page 266 of 324 Regular Council Meeting 02/16/2021 Page 267 of 324 Tangerine 40 Rezoning Site Analysis III. Land Use Proposal 43 III. LAND USE PROPOSAL A. PURPOSE & INTENT This section describes how the development responds to the opportunities and constraints described in the Inventory & Analysis section of this rezone, along with the Town of Marana Land Development Code. The site’s minimal natural constraints and its primarily non-residential surroundings make the proposed development very appropriate. B. RELATIONSHIP TO THE TOWN OF MARANA ADOPTED PLANS The Make Marana 2040 General Plan designates the Tangerine 40 property as “Employment (E)”. As stated in the General Plan, the Employment land use designation is applied to areas within Marana that are best suited for development of industrial, warehousing, manufacturing, business park, corporate center, research & development, and other such land uses. The General Plan recognizes the need for economic development and business attraction and highlights the Tangerine Road Corridor as one area in Marana that is ideal for business growth. The proposed development under HI zoning is an appropriate and permitted use within the Employment land use designation, especially at this location in close proximity to Tangerine Road and Interstate-10. The Make Marana 2040 General Plan also encourages redevelopment of outdated or obsolete properties. The Breakers Water Park was a regional recreational amenity for many years, but since it shut down several years ago the Tangerine 40 property has become a haven for illicit activity. The Marana Police Department will attest to this problem. The proposed redevelopment of the Breakers property will not only reduce the demand on the Marana PD but will replace the dilapidated property with new and vibrant businesses. The Tangerine 40 project will help indirectly fulfil a number of goals listed in the Marana Strategic Plan. Business attraction is an important goal of Marana’s, and this project not only will bring a successful Tucson-area business into Marana’s boundary, but it will also result in the creation of two new enterprises (the RV/self-storage and the contractor yards). The contractor yards are expected to support primarily local small business, which is another important goal of Marana’s. Lastly, the defunct Breakers Water Park had become a hotspot for activities that required frequent allocation of Marana Police Dept. resources. The project developer has already acquired and secured the Tangerine 40 property, helping to make Marana a safer place. Regular Council Meeting 02/16/2021 Page 268 of 324 Tangerine 40 Rezoning Site Analysis III. Land Use Proposal 44 C. COMPATIBILITY TO ADJOINING DEVELOPMENT This development will be compatible with surrounding land uses, which are primarily vacant or non-residential in nature. D. LAND USE PROPOSAL We are requesting a rezone to an HI heavy industry designation. As such, this development will adhere to all applicable development standards associated with the HI zoning requirements. Please refer to Exhibit III-B-1: Proposed Zoning. The RV / self-storage element is proposed in response to increasing demand for secure storage facilities in Marana and the northwest Tucson area. The contractor yards element will provide a variety of secure, fenced yards for local trade contractors. The proposal is modelled after similar successful businesses in the Phoenix metropolitan area that answer demand for such yard space from local contractors who may not need many acres for their yard, and who are often prohibited by their home HOA from storing their equipment and supplies at their residence. Please refer to Exhibit III-D-1: Proposed Zoning and Exhibit III-D-2: Land Use Concept. Regular Council Meeting 02/16/2021 Page 269 of 324 Regular Council Meeting 02/16/2021 Page 270 of 324 Regular Council Meeting 02/16/2021 Page 271 of 324 Tangerine 40 Rezoning Site Analysis III. Land Use Proposal 47 E. TOPOGRAPHY The entire site is proposed to be graded, which is not out of character for this part of Marana, nor does it present any significant environmental or viewshed concerns. The overall cross-slope of the Tangerine 40 property will be maintained approximately. F. HYDROLOGY This section was prepared by CMG Drainage Engineering, Inc. The sheet flow conditions that cover the entire Tangerine 40 property will necessitate construction of a perimeter channel system that collects and conveys offsite storm water to the downstream boundary at the southwest property corner. This maintains historical drainage patterns at the downstream boundary since existing sheet flow is directed to this location by earthen berms and shallow drainage swales. The perimeter channels will have a top width of 20- to 30-feet and depth of 4- to 5-feet. Channel banks will be stabilized to control potential erosion due to high flow velocities. Channel side slope angles will vary from 1:1 to 3:1 with the stabilization materials being stones, riprap, soil cement or gunite. This development will not produce any adverse drainage impacts to upstream or downstream properties. Post-development discharges flowing onto the site will remain the same as under pre-development conditions. Due to the critical basin retention/detention requirements, overall discharge rates exiting the site from onsite developed watersheds will be reduced in accordance with the North Marana design criteria. Onsite retention/detention storage will be located at the southwest property corner and possibly on a lot-by-lot basis depending on site specific needs. All building pads will be designed to be a minimum of 1 foot above adjacent 100-year flood elevations. This development will provide onsite retention/detention in accordance with Town of Marana policies and the Pima County detention/retention manual. Onsite stormwater flows will be detained down to below existing (pre-development) conditions per critical basin requirements. The Tangerine 40 property is currently designated by FEMA as AO-1. All proposed structures will comply with applicable floodplain regulations. Regular Council Meeting 02/16/2021 Page 272 of 324 Tangerine 40 Rezoning Site Analysis III. Land Use Proposal 48 G. VEGETATION As part of the platting process, the Town of Marana’s native plant reservation requirements (as defined in Section 17.02 of the Marana Land Development Code) will be followed and an inventory will be prepared for the entire site, identifying vegetation to be preserved in place or transplanted onsite. The development features a drainage channel around the entire perimeter, which will be partially landscaped and thus will fulfill the 15’ – 25’ landscape bufferyard requirement. Common area landscaping will be drought tolerant. Please refer to Exhibit III-G-1: Proposed Bufferyards. Regular Council Meeting 02/16/2021 Page 273 of 324 Breakers Rd. (60' Public Right-of-Way)Private Drive (42' Right-of-Way) Contractor Yard #4 1.0 Ac. Contractor Yard #1 1.0 Ac. Contractor Yard #5 1.0 Ac. Contractor Yard #6 1.0 Ac. Contractor Yard #7 1.0 Ac. Contractor Yard #3 1.0 Ac.Contractor Yard #2 2.0 Ac. Contractor Yard #9 1.0 Ac. Contractor Yard #8 1.0 Ac. Contractor Yard #10 1.0 Ac. Contractor Yard #11 1.0 Ac. Contractor Yard #12 1.0 Ac. Contractor Yard #13 1.0 Ac. Contractor Yard #14 1.0 Ac. Drainage Channel w/ 15'-25' Bufferyard Drainage Channel w/ 15'-25' BufferyardDrainage Channel w/ 20' Bufferyard15'-25' Landscape & Drainage Esmt. (Including Bufferyard) Exhibit III-G-1Bufferyards "G:\Projects\20ay Breakers 40\a01\0230\Site Analysis\Exhibits\Exh 3-G-1 Bufferyards.dwg" 49 1" = 12/21/20 200' 20aya01 Regular Council Meeting 02/16/2021 Page 274 of 324 Tangerine 40 Rezoning Site Analysis III. Land Use Proposal 50 H. WILDLIFE Larger wildlife that may traverse the Tangerine 40 property will continue to be able to cross from one side to the other via the proposed perimeter drainage channels. At least 30 days before grading, a 100% area survey must be completed by a qualified wildlife biologist for the Sonoran Desert Tortoise, with a copy of the survey form being sent to the Town prior to issuance of a grading permit. I. VIEWSHEDS As mentioned in Section I, there are no extraordinary mountain views appreciable from or across the Tangerine 40 property, thus viewshed impacts of this development will be minimal. Even so, the wide perimeter channel areas will further mitigate any potential impacts to surrounding viewsheds. J. TRAFFIC The proposed development will have two connections to the existing public street system, both of which will be onto Breakers Road. The northern connection location is proposed several hundred feet from the nearest existing or proposed connection. The southern connection is proposed at the middle of the southern parcel’s frontage on Breakers Road, in close proximity but not directly across from the access drive for the existing construction yard east of Breakers Road. To meet Marana’s street design standards regarding proximity of roadway connections, this development will relocate the existing construction yard’s access drive. Along the Tangerine 40 property frontage Breakers Road is currently a dirt road partially within existing public-right-of-way and partially within existing public access and utility easements. The northern 660’ of Breakers Road is proposed to be improved by the Premier RV Storage development. This development will be required to dedicate 30’ of public right-of-way and improve the remainder of Breakers Road to the southern property boundary. This development is expected to generate fewer than 100 AM peak hour trips and fewer approximately 1,000 vehicular average daily trips (ADT), according to the Traffic Impact Analysis (TIA) submitted by Esparza Engineering, which is included in Appendix A – Traffic Impact Statement. Regular Council Meeting 02/16/2021 Page 275 of 324 Tangerine 40 Rezoning Site Analysis III. Land Use Proposal 51 K. PUBLIC UTILITIES 1. Water Marana Water has indicated that this development will be served, and that an extension of Marana’s public water system will be required to be constructed by the developer. 2. Sewer This development will utilize private onsite wastewater treatment systems. 3. Electric The Tangerine 40 property is located within the TRICO Electric service area. 4. Natural Gas Southwest Gas will supply natural gas services to this development. 5. Telecommunications The development is within the Qwest service area. Regular Council Meeting 02/16/2021 Page 276 of 324 Tangerine 40 Rezoning Site Analysis III. Land Use Proposal 52 L. PUBLIC SERVICE IMPACTS 1. Police The development is within Marana’s town limits and law enforcement jurisdiction. This development will benefit the Marana Police Department by eliminating the dilapidated Breakers Water Park that has become a frequent destination for Marana police offers responding to unlawful activity. 2. Fire This development will be serviced by Northwest Fire District. 3. Trash & Recycling The Town of Marana does not provide trash and recycling services. The developer will contract with a private solid waste pick-up provider. 4. Schools Not applicable. 5. Parks Not applicable. M. RECREATIONS & TRAILS Not applicable. N. CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES As described in Section I, an archaeological site is located within the Tangerine 40 property and has been thoroughly studied by Westland Resources. On 12/10/2020 Town staff accepted Westland’s End-Of-Fieldwork Report for Phased Data Recovery for a Portion of AZ AA:12:674(ASM) at the Former Breakers Waterpark Property. A Certificate of Approval has been issued, and the Tangerine 40 property has been cleared or development as proposed. Regular Council Meeting 02/16/2021 Page 277 of 324 Tangerine 40 Rezoning Site Analysis Appendices 53 IV. APPENDIX A – TRAFFIC IMPACT STATEMENT The Traffic Impact Statement has been submitted to the Town of Marana as a separate bound report. Regular Council Meeting 02/16/2021 Page 278 of 324 PCZ2011-001 Tangerine 40 Rezoning Town Council February 16, 2021 Regular Council Meeting 02/16/2021 Page 279 of 324 Location and Request Applicant Paul Oland, Breakers 95 LLC and MC Tangerine Property LLC Request Approval to rezone Location West side of Breakers Road Site of the former Breakers Water Park and two 10-acre parcels north Size Approximately 40 acres Current Zoning Zone C -Large Lot Zone 2040 General Plan Future Land Use Employment (E) Regular Council Meeting 02/16/2021 Page 280 of 324 Proposed Zoning Rezoning Request Heavy Industry (HI) Consistent with General Plan Future Land Use -Employment Regular Council Meeting 02/16/2021 Page 281 of 324 Conceptual Site Plan Regular Council Meeting 02/16/2021 Page 282 of 324 Traffic and Utilities Coyote Howl Road Traffic Two points of access Right of way dedication of 30’ for Breakers Road Roadway improvements required to Breaker’s Road Traffic Engineering Division approved traffic statement Utilities Marana Water service Private on-site wastewater TRICO, SWG, NWFD Regular Council Meeting 02/16/2021 Page 283 of 324 Recommendation Recommendation Staff recommends approval of PCZ2011-001, Tangerine 40 Rezoning, subject to the recommended conditions. Regular Council Meeting 02/16/2021 Page 284 of 324      Council-Regular Meeting   A2        Meeting Date:02/16/2021   To:Mayor and Council From:Anita McNamara, Long-Range Planner Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.002: Relating to Development; approving a rezoning of approximately 1.84 acres of land located at 4535 W. Ina Road, south of Ina Road and approximately 0.10 Miles east of Interstate 10, from R-36 (single-family residential) to Village Commercial (VC) (Anita McNamara) Discussion: Request Phillip and Henry (Tom) Toole, property owners of a 1.84 acre parcel known as Pima County Assessor's Parcel #10105009E, and owners of the Phil's Sheds business currently operating on the site at 4535 W. Ina Road, request the Marana Town Council to approve rezoning the parcel from R-36 (Residential) to Village Commercial (VC). History The proposed rezoning area was annexed in to Marana in 1993 by Ordinance #1993.12. The Pima County zoning of Suburban Homestead (SH), with a 36,000 square feet minimum parcel area, was translated to the Town zoning of R-36 (Residential). Prior to and since annexation, the property has been in continual use as a commercial business (retail sheds) and private residence.  Surrounding and Existing Land Use and Zoning The rezoning area is surrounded by commercial and industrial uses. To the west and east of the subject property, on the south side of Ina Road, are vacant, commercial parcels zoned VC. The property to the west was previously a car rental agency and to the east is the proposed El Rancho Market. To the southeast is a TEP power sub-station zoned VC and Heavy Industry. Directly to the south is the Union Pacific Railroad and Regular Council Meeting 02/16/2021 Page 285 of 324 Interstate 10 right-of-way, which are both zoned Light Industrial.  On the north side of Ina Road are additional properties zoned VC, with a mix of restaurant, hotel, convenience store/gas station and similar uses. Marana General Plan 2040 The 2040 General Plan designates this area as Commercial, which accommodates commercial land uses. Rezoning to VC will bring the zoning into compliance with the 2040 General Plan and facilitate the sale and redevelopment of the property. Access and Circulation The property has existing, direct access off of West Ina Road in the area of the recently completed Ina Road/I10 interchange project.  As part of the project, the right-of-way was widened and received beautification elements such as landscaping, new streetlights, sidewalks, and accessibility ramps. Utilities The rezoning area is located within the Tucson Water service area and currently has service. Sewer is provided by septic system on the site. The property is located within the service area for Pima County Regional Wastewater Reclamation Department.  Future development of the site will require connecting to the sewer system. The rezoning area lies within the service areas of TEP, Southwest Gas, Century Link and Comcast.    Fire District Services The rezoning area is located within the Northwest Fire service area. Public Notification The public hearing was appropriately noticed in The Daily Territorial and all property owners within 300 feet of the boundary of the rezoning area were noticed, by United States mail, of the date, time and topic of the public hearing.  Additional notice was posted at various locations within the community. There has been no contact to the staff regarding the rezoning. Recommended Findings of Fact 1. The property is currently zoned R-36 (Residential). The proposed change in zoning to Village Commercial (VC) is supported by the Commercial (C) 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. Case Analysis Review Criteria 1. Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel, etc.: With the acceptance of the recommended conditions this amendment complies with the requirements of all agencies. 2. Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks, etc.: With the acceptance of the recommended conditions this Regular Council Meeting 02/16/2021 Page 286 of 324 setbacks, etc.: With the acceptance of the recommended conditions this amendment complies with the requirements of the zoning and the purpose and intent of the Land Development Code.  3. Consistent with the purpose of the zoning regulations and with the intent of the General Plan: This amendment is consistent with the purpose and intent of the Land Development Code and the Town of Marana General Plan.   4. Compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Town: Based upon the requirements and conditions, this amendment will not be detrimental to the immediate area or to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: Planning Commission Recommendation The Planning Commission heard the request for the proposed rezoning on January 27, 2021. By a vote of 4-0, the Planning Commission voted to recommend approval to the Town Council.   Staff Recommendation Staff recommends the adoption of Ordinance No. 2021.002, approving the rezoning, subject to the conditions set forth in the draft Ordinance included with these agenda materials. Suggested Motion: I move to adopt Marana Ordinance No. 2021.002, approving a rezoning of approximately 1.84 acres of land located at 4535 W. Ina Road from R-36 Residential to Village Commercial. Attachments Ordinance No. 2021.002 Exhibit A Applicant's Narrative Application Location Map Rezoning Exhibits Survey Presentation Regular Council Meeting 02/16/2021 Page 287 of 324 Ordinance No. 2021-002 - 1 - MARANA ORDINANCE NO. 202 1.002 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 1.84 ACRES OF LAND LOCAT ED AT 4535 W. INA ROAD, SOUTH OF INA ROAD AND APPROXIMATELY 0.10 MILES EAST OF INTERSTATE 10, FROM R-36 (SINGLE- FAMILY RESIDENTIAL) TO VILLAGE COMMERCIAL (VC) WHEREAS Henry T. Toole III and Phillip M. Toole (collectively the “Property Owners”) own 1.84 acres of land located at 4535 W. Ina Road, south of Ina R oad and approximately 0.10 miles east of Interstate 10 within Section 3 Township 13 South, Range 13 East, described and depicted on Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area”); and WHEREAS the Property Owners have submitted an ap plication to rezone the Rezoning Area from R-36 (Single-Family Residential ) to Village Commercial (VC) (“this Rezoning”); and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on January 27, 2021, and voted 4 to 0 with two Commissioners absent to recommend that the Town Council approve this Rezoning, subject to the recommended conditions; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on February 16, 2021, and determined this Rezoni ng should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from R-36 (Single - Family Residential ) to Village Commercial (VC). Section 2. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Property Owners, and their successors in interest (all of whom are collectively included in the term “Property Owners” in the following conditions): 1. Compliance with all applicable provisions of the Town’s codes and ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact fees . Regular Council Meeting 02/16/2021 Page 288 of 324 Ordinance No. 2021-002 - 2 - 2. A master drainage study must be submitted by the Property Owner s and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area . 3. A detailed traffic impact analysis must be submitted by the Property Owners and accepted by Town staff prior to approval of a preli minary plat or development plan for any portion of the Rezoning Area . 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by Tucson Water (the “water provider”) prior to approval of a preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on - site and off-site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, s uch as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition o f service to the proposed development, the Property Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property Owners and accepted by the Pima County Regi onal Wastewater Reclamation Department (the “wastewater utility”) prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on -site and off-site wastewater facilities needed to serve the pro posed development, and shall include all information required by the wastewater utility . If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements , and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis , the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. The property owners shall transfer to the water provider, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the water provider and the property owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 8. The final design of all streets and circu lation facilities, including gated access (if applicable) and emergency access, must be accepted by the Northwest Fire District Regular Council Meeting 02/16/2021 Page 289 of 324 Ordinance No. 2021-002 - 3 - prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 9. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owners from responsibility to ensure compliance wit h all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain a ppropriate experts and consult appropriate federal and state agencies to determine any action necessar y to assure compliance with applicable laws and regulations. 10. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 11. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 290 of 324 Exhibit “A” LEGAL DESCRIPTON Parcel No. 1: The South 300.00 feet of the North 330.00 feet of the East 120.00 feet of the West 271.92 feet of Lot 4, Section 6, Township 13 South, Range 13 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona, which lies Northerly of the following described right-of-way line, and as described in Final Order of Condemnation recorded in Recording No. 20190770096, described as follows: Commencing at a 3 inch brass cap marking the Northwest corner of said Section 6, being North 02°01’27" West, 2615.93 feet from a 3 inch brass cap on 1 inch pipe marking the West quarter corner of said Section 6; Thence along the West line of said Section 6, South 02°01'27" East, a distance of 100.05 feet to the POINT OF BEGINNING; Thence North 89°48'46" East, a distance of 272.06 feet; Thence North 02°01'27" West, a distance of 25.01 feet to the POINT OF ENDING on the existing South right-of way line of Ina Road; and EXCEPT that portion conveyed in Deed recorded in Docket 5782, Page 1062, described as follows: The South 45.00 feet of the North 75.00 feet of said East 120.00 feet of the West 271.92 feet of Lot 4, Section 6. Parcel No. 2: That portion of Lot 4, Section 6, Township 13 South, Range 13 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Commencing at the Northwest corner of said Section 6; Thence Southerly along the West line of said Section 6, a distance of 30.00 feet; Thence Easterly and parallel with the North line of said Section 6, a distance of 151.92 feet; Thence Southerly and parallel with the West line of said Section 6, a distance of 300.00 feet to the TRUE POINT OF BEGINNING; Thence continuing Southerly and parallel with the West line of said Section 6, a distance of 401.85 feet to a point on the Northeasterly right-of-way line of the Southern Pacific Railroad; Thence in a Southeasterly direction along the Northeasterly right-of-way line of the Southern Pacific Railroad, to a point of intersection with a line parallel with and 271.92 feet Easterly from the West line of said Section 6; Thence Northerly and parallel with the West line of said Section 6, to a point 330.00 feet Southerly from the North line of said Section 6; Thence Westerly and parallel with the North line of said Section 6, a distance of 120.00 feet to the TRUE POINT OF BEGINNING. Regular Council Meeting 02/16/2021 Page 291 of 324 Anita McNamara, AICP, CFM Long Range Planner Town of Marana 11555 W Civic Center Dr Marana, AZ 85653 520.382.2658 amcnamara@maranaaz.gov January 21, 2021 RE: Rezoning application for 4535 W. Ina Rd. We are applying to rezone a 1.84 acre property that has been our family residence since 1959. It has also been our business, Phil's Sheds and Garages, Inc. since 1990. We currently have a Marana business license number 148156. The commercial use has typically represented about 90% of the property area. The property was farm land back in 1959 when we moved onto it. So it is flat. Since then there are a few Mesquite and Palo Verde trees throughout. TEP has an easement across the back 200ft of the property and they have built an elevated all weather road across the back property line but they have assured us that it will not impact our drainage. As a result of the recent Ina road construction the driveway, sidewalks, and front landscaping are to current standards. The only thing a future developer will have to contend with is larger capacity utilities. The permanent structures are represented on the survey I originally provided. We have a few remaining old sheds that are up for sale or are scheduled to be removed. Our plan is to demolish the house and the front most structures later this year. We will leave the back most awning as we anticipate moving the shed business to the back of the property when the front half sells. We will not be doing any constructions of sheds, just sales from dealer inventory. We have worked with the fire department in the past to bring the property up to their standards for a commercial establishment. We have also dealt with OSHA to meet their standards. When the property sells and is developed it will likely be to a fast food or retail user but no impacts to local services such as schools, police, parks, fire service, sanitary pick-up, and other similar services are anticipated. Phil Toole (520) 867-3415 PhilsSheds@Yahoo.com Regular Council Meeting 02/16/2021 Page 292 of 324 PCZ2012-001 12/21/2020 Regular Council Meeting 02/16/2021 Page 293 of 324 Regular Council Meeting 02/16/2021 Page 294 of 324 Regular Council Meeting 02/16/2021 Page 295 of 324 Regular Council Meeting 02/16/2021 Page 296 of 324 Regular Council Meeting 02/16/2021 Page 297 of 324 Regular Council Meeting 02/16/2021 Page 298 of 324 Regular Council Meeting 02/16/2021 Page 299 of 324 E131306Regular Council Meeting 02/16/2021Page 300 of 324 PCZ2012-001 Phil’s Sheds Rezoning Town Council February 16, 2021 Regular Council Meeting 02/16/2021 Page 301 of 324 Location and Request Applicants Phil and Tom Toole Request Recommendation to Town Council for approval of rezoning Location 4535 W I na Rd SE corner of I -10\Ina Rd Size 1.84 acres Current Zoning R-36 Residential 2040 General Plan Future Land Use Commercial FEMA Floodplain Zone XRegular Council Meeting 02/16/2021 Page 302 of 324 Existing Zoning Town Annexation Part of 1993 Ina/Thornydale Annexation (Ordinance #93.12) Translational Zoning Pima County Zoning - Suburban Homestead to Marana Zoning - R-36 Residential Continued Commercial and Residential Use Regular Council Meeting 02/16/2021 Page 303 of 324 Proposed Zoning Rezoning Request Village Commercial (VC) Consistent with General Plan Future Land Use -Commercial Allowed Use Examples Retail Restaurant Banks Services Regular Council Meeting 02/16/2021 Page 304 of 324 Recommendation Recommendation Staff recommends the adoption of Ordinance No. 2020.002, subject to the recommended conditions. Regular Council Meeting 02/16/2021 Page 305 of 324      Council-Regular Meeting   A3        Meeting Date:02/16/2021   To:Mayor and Council From:David Udall, Associate Town Attorney Date:February 16, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.003: Relating to Development; amending the Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement); revising provisions related to the issuance of conditional use permits, including findings for approval; rewriting provisions regarding the issuance of temporary use permits; adding provisions related to the classification and enforcement of violations of Title 17; modifying various other provisions; and designating an effective date (David L. Udall) Resolution No. 2021-024: Relating to Development; declaring as a public record filed with the Town Clerk amendments to the Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement); revising provisions related to the issuance of conditional use permits, including findings for approval; rewriting provisions regarding the issuance of temporary use permits; adding provisions related to the classification and enforcement of violations of Title 17; modifying various other provisions; and designating an effective date (David L. Udall) Discussion: Town staff has been working for some time on migrating the Land Development Code into Title 17 of the Marana Town Code, as well as revising Title 17 as needed. As part of these efforts, staff has modified chapter 17-3 (administration and enforcement). In addition to minor corrections and stylistic changes throughout the chapter, the proposed amendment revises section 17-3-2 (conditional use permits), section 17-3-3 (temporary use permits) and section 17-3-6 (responsibility for enforcement) and adds a new section related to enforcement.  Regular Council Meeting 02/16/2021 Page 306 of 324 Town staff felt it would be prudent to bring the proposed amendments revising chapter 17-3 before the Town Council at this time, separate from the remaining Title 17 revisions, for several reasons. First, the conditional use permit (CUP) revisions in section 17-3-2 account for recent case law, where the Ninth Circuit Court of Appeals found language similar to some of the Town's current CUP language regarding the findings for approval of a CUP to be unconstitutional. Second, the Town's current temporary use permit (TUP) provisions currently do not provide much guidance to Town staff or the community. The proposed TUP revisions rewrite section 17-3-3 to specify different types of temporary uses with appropriate zones for each use, outline application procedures, and provide detailed approval criteria and appellate procedures. Finally, the proposed amendment revising chapter 17-3 adds an enforcement classification designating violations of Title 17 as civil, rather than criminal, and allows the planning director to delegate enforcement.  These revisions were brought before the Planning Commission on January 27, 2021, and the Planning Commission unanimously voted to recommend that the Town Council approve the revisions. Staff Recommendation: Staff recommends approval of the revisions to Chapter 17-3, related to administration and enforcement of the Land Development Code (Title 17). Suggested Motion: I move to adopt Ordinance No. 2021.003 amending Marana Town Code Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) and Resolution No. 2021-024 declaring the amendments a public record. Attachments Ordinance No. 2021.003 Resolution No. 2021-024 Exhibit A to Resolution-Amendments to Chapter 17-3 Chapter 17-3 Revisions Presentation Regular Council Meeting 02/16/2021 Page 307 of 324 00074106.DOCX /1 Ordinance No. 2021 .003 - 1 - MARANA ORDINANCE NO. 2021 .003 RELATING TO DEVELOPMENT; AMENDING THE MARANA TOWN CODE, TITLE 17 (LAND DEVELOPMENT CODE), CHAPTER 17-3 (ADMINISTRATION AND ENFORCEMENT), REVISING PROVISIONS RELATED TO THE ISSUANCE OF CONDITIONAL USE P ERMITS, INCLUDING FINDINGS FOR APPROVAL; REWRITING PROVISIONS REGARDING THE ISSUANCE OF TEMPORARY USE PERMITS; ADDING PROVISIONS RELATED TO THE CLASSIFICATIO N AND ENFORCEMENT OF VIOLATIONS OF TITLE 17 ; MODIFYING VARIOUS OTHER PROVISIONS; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interest of the Town of Marana and the general public. NOW, THEREFO RE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The amendments to the Marana Town Code, Title 17 (Land Development Code ), Chapter 17-3 (Administration and Enforcement), one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by and attached as Exhibit A to Marana Resolution No. 2021-024, are hereby referred to, adopted, and made part of this ordinance as if fully set forth here. SECTION 2. The following penalty clauses are included in the amendments to Marana Town Code Title 17 (Land Development Code), Chapter 17 -3 (Administration and Enforcement): 17-3-5 Classification; enforcement; continuing violations A. Except as otherwise provided in this title, any violation of this title is a civil infraction, and may be enforced in any manner provided by town ordinances and state laws. B. Each day any violation continues shall constitute a separate offense. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Regular Council Meeting 02/16/2021 Page 308 of 324 00074106.DOCX /1 Ordinance No. 2021 .003 - 2 - SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, o r motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance ; provided, however, that this repeal shall not affect the rights and duties that matured or penal ties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decisio n of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6. This ordinance shall become effective on the thirty -first day after its adoption. PASSED AND ADOPTED by the Mayor a nd Council of the Town of Marana, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 309 of 324 00074145.DOCX /1 Resolution No. 2021-024 - 1 - MARANA RESOLUTION NO. 2021-024 RELATING TO DEVELOPMENT; DECLARING AS A PUBL IC RECORD FILED WITH THE TOWN CLERK AMENDMENTS TO THE MARANA TOWN CODE, TITLE 17 (LAND DEVELOPMENT CO DE), CHAPTER 17-3 (ADMINISTRATION AND ENFORCEMENT); REVISING PROVISIONS RELATED TO THE ISSUANCE OF CONDITIONAL USE P ERMITS, INCLUDING FINDINGS FOR APPROVAL; REWRITING PROVISIONS REGARDING THE ISSUANCE OF TEMPORARY USE PERMITS; ADDING PROV ISIONS RELATED TO THE CLASSIFICATION AND ENFORCEMENT OF VIOLATIONS OF TITLE 17; MODIFYING VARIOUS OTHER PROVISIONS; AND DESIGNATING AN EFFECTIVE DATE BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the amendments to Marana Town Code Title 17 (Land Development Code ), Chapter 17- 3 (Administration and Enforcement), a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 16th day of February, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Regular Council Meeting 02/16/2021 Page 310 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 SECTION 1. Section 17 -3 -1 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): 17-3-1 Amendment procedure A. This development code, including the zoning map, may be amended. Any person seeking an amendment to this development code shall first submit to the planning director an application designating the change desired and the reasons thereforfor the change, and shall pay a filing fee as established by the council. Th e filing fee shall not be returned to the petitioner requesting the amendment. Any member of the planning commission or the council, acting in an official capacity, or the planning director, the town building official, the town attorney, or the town engineer may also initiate an amendment to this development code without the payment of said filing fee. B. Application requirements shall be established by the planning director. However, at a minimum, applications for an amendment to the zoning map, or change in zoning classification, shall include the following: 1. A preliminary site plan of the property showing the use(s) proposed for the site, showing setbacks, heights, floor area ratio’s, parking areas, landscaping, and other information to assist the planning co mmission and the council to evaluate the request. This plan shall become part of the record of the case, and final plan review shall substantially comply with the preliminary site plan. [Subparagraphs 2 through 5 remain unchanged] SECTION 2. Section 17 -3 -2 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining, deletions shown with strikeouts): 17-3-2 Conditional use permits A. Purpose. The town recognizes certain uses which may be appropriate in a specific zoning district, but which may have characteristics that, depending upon the location, design, and standards of operation, may have a greater impact than permitted uses on adjoiningnearby properties, businesses, or residences. Such uses require more comprehensive review, including the ability of the town to establish specific conditions for the project to mitigate any potential impacts. The planning commission can evaluate only conditional uses listed, and is empowered to grant, grant with conditions, or deny any application for a use permit. The planning commission’s review is subject to findings and the application meeting requirements of this section. The burden of proof shall be the responsibility of the applicant. B. Application. Applications shall be filed with the planning director on an application form with the required documentation specified on guidelines provided by the planning director with appropriate fees. The application, at a minimum, shall include the following: Regular Council Meeting 02/16/2021 Page 311 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 1. Name and address of the applicant. If the applicant is not the owner of the property, the name and address of the owner shall be supplied along with authorization that the applicant is the agent of the owner and may apply for the use permit. Proof of ownership must be submitted with the application. 2. A statement describing the proposed use, and any pertinent data required to evaluate the use, including but not limited to: hours of operation, numbers of employees and shifts, processes and materials involved in the use, and types and volume of traffic generated by the use. 3. A list of all owners of property within 300 feet of the exterior boundaries of the property subject to the application. The list shall be accompanied by a map showing the location of these properties. 4.3. A site plan including dimensions showing the type and location of buildings, structures, floor plans, parking, landscaping, circulation and other relevant site information. 4. Any additional information required by the planning director. C. Public hearing. The planning commission shall hold a public hearing on the application. Prior to the public hearing, notice shall be sent to all owners of property located within 300 feet of the property subject to the request and shall be given in the manner provided in A.R.S. § 9 -462.04 (A). D. Findings. A conditional use permit may be granted only after a determination by the planning commission that the proposed use: 1. is appropriate to the specific location; 2. is not detrimental to the health, safety, and general welfare of the town; 3.1. willWill not adversely affect the orderly development ofand improvement of surrounding property for uses permitted within the townzoning district; 2. will not adversely affect the preservation ofWill not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair the property values andwithin the protection ofneighborhood; 4.3. Will not adversely affect the tax base and other substantial revenue sources within the town; 5. 4. is consistent with Conforms to the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan, if any; 6. will not create a nuisance or enforcement problemcharacter of the neighborhood, within the neighborhood; 7. will not encourage marginal development within same zoning district, in which it is located, giving consideration to the neighborhood; Regular Council Meeting 02/16/2021 Page 312 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 8. will not create a demand for public services within the town beyond that of the abilitylocation , type, and height of the town to meet inbuildings or structures and the light of taxation type and spending restraints imposed by law; 9. is consistent with the town’s app roved funding priorities;extent of landscaping and, screening on the site; 10. that the 5. Is on a proposed site is adequate in size and shape to accommodate the intended use, and that all requirements for the zone district, includedwill be met, including but not limited to, the setbacks, walls, landscaping, and bufferyards will be met; 6. Will have ingress and egress designed to minimize traffic hazards and to minimize traffic congestion on the public roads; 7. Is consistent with the general plan and other adopted town plans; 8. Shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas; 9. Will have adequate utilities, access roads, drainage, fire protection, and other necessary facilities; and 10. Benefits the public interest and welfare to an extent sufficient to outweigh the individual interests adversely affected by the establishment of the proposed use. E. Action by the planning commission. The planning commission may grant, grant with conditions, or deny the application. If the application is denied, the planning commission shall make factual findings on the public record with the reasons for the denial. The planning commission may place any conditions which are deemed necessary to mitigate potential impac ts and insure compatibility of the use with surrounding development and the town as a whole. These conditions may include, but are not limited to: 1. rRequirements for setbacks, open spaces, buffers, fences or walls to mitigate conflicts from visual, noise, lighting and similar impacts associated with the use; 2. dDedication and/or paving of street or other public rights-of- ways, and control in location of access points and on -site circulation to mitigate traffic impacts from increased volumes or nature of traffic activity associated with the use; 3. rRegulations pertaining to hours of operation, methods of operation, and phasing of the development of the site to mitigate impacts to surrounding properties and the neighborhood; 4. tTime limits on the duration of the permit to determine if the use, after a temporary period of operation, is materially detrimental or to evaluate whether changed conditions in the neighborhood effect the capability of Regular Council Meeting 02/16/2021 Page 313 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 the use to continue to adequately mitigate impacts to the surrounding area or the town as a whole. [Paragraph F remains unchanged] G. Appeal procedure. 1. The action of the planning commission may be appealed to the council by the applicant, any member of the council, the town manager or any property owner within 300 feet of the property subject to the request. Such requests for appeal must be filed on an application form provided by the planning director, with the appropriate fee, within the 15 days following the date of the planning commission action. 2. Consideration of the appeal shall be made at a public hearing . only after 3. nNotice of the hearing shall behas been placed in the newspaper of general circulation in the area designated by the council for legal public notice, at least 15 days prior to the hearing. 3. 4. The council shall act to affirm, or reverse, in whole or in part, or modify the planning commission’s decision including adding to or deleting the conditions attached to the approval by the planning commission. Any action to grant a conditional use permit, either by affirmation, modification, or reversal of the planning commission’s decision, must include the required findings for use permits as provided in this section. [Paragraphs H through I remain unchanged] J. Extension of initial period for use. Upon a showing of good cause, the planning director may, after notice to the planning commission, extend the period for initially exercising the permit for a maximum of one additional year. [Paragraph K remains unchanged] L. Revocation. Failure to comply with the conditions, stipulations or terms of the approval of a conditional use permit is a violation of this code and will be enforced as such. Repeated offenses shall be cause for revocation of the permit. [Paragraphs M through N remain unchanged] O. Status of the conditional use permit. A use permit granted pursuant to the provisions ifof this section shall run with the land and continue to be valid regardless of ownership of the property or structure so long as it operates within the conditions, stipulations, and terms of the permit. P. Conditional uses upon annexation 1. Purpose. The uses and densities permitted under county zoning and in county zoning districts do not directly correlate to the uses and densities permitted in the most closely comparable town of Marana zoning classifications. Upon annexation, this paragraph P is intended to authorize the council to conditionally permit uses and densities permitted by the Regular Council Meeting 02/16/2021 Page 314 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 county immediately before annexation upon translation of county zoning to the most closely comparable town of Marana zoning classification. 2. Applicability. The special procedures and authority set forth in this paragraph P apply only to the translation of county zoning to town of Marana zoning upon annexation of property. 3. Procedure. Except as specifically set forth below, paragr aphs A through G, I through K, and O A (purpose) through G (appeal procedure) and I (exercise and use) through K (expiration upon discontinuance) of this section 17 -3 -2 shall not apply to conditional uses authorized upon annexation pursuant to this paragraph P. Conditional uses granted upon annexation shall be included in the ordinance adopted by council translating county zoning upon annexation. 4. Findings. In determining whether to grant conditional uses upon annexation pursuant to this paragraph P, the cou ncil shall consider the factors set forth in paragraph D (findings) of this section. 5. Conditions. Conditional uses permitted by the council upon annexation may include conditions the council deems necessary to mitigate potential impacts and insure compatibility of the use with surrounding development and the town as a whole, including without limitation those conditions set forth in paragraph E of this section. 6. Effect. Paragraphs H (modification of conditional use permits), L (revocation), M (grounds for revocation), H (modification of conditional use permits), L (revocation), M (grounds for revocation), and N (status of conditional use permit) O (status of the conditional use permit) shall apply to conditional uses permitted by the council upon annexation pursuant to this paragraph P. SECTION 3. Section 17 -3 -3 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): 17-3-3 Temporary use permit A. Temporary uses or structures not otherwise permitted by code provisions may be permitted provided: 1. That the need for the temporary use or structure has arisen from circumstances constituting a substantial hardship, including but not limited to a natural disaster, fire or governmental action, or construction or development of a permanent structure. 2. That the setback structure will not violate any applicable yard setbacks. 3. That any temporary use permitted must be capable of being removed within 15 days’ notice if the temporary permit is revoked. 4. That the temporary use shall not be granted for more than nine months except that up to an additional one-year period may be granted for good cause shown. Regular Council Meeting 02/16/2021 Page 315 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 5. That a mutual consent agreement between the town and the applicant be signed and guaranteed by cash or a bond acceptable to the town attorney in an amount set by the council to guarantee termination of the temporary use and performance of the provisions of the mutual consent agreement. B. The council may approve an application with such conditions, modifications and restrictions as the council finds necessary to make the temporary use more compatible with the surrounding neighbors and to carry out th e plans and policies of the town. A. Purpose. The temporary use permit is for the following uses and is allowed only in the zoning districts indicated: 1. A real estate sales office in any zoning district, except where it is a permitted use as set forth in section 17 -4-19 table 1. 2. A single-family dwelling in a temporary structure in any zoning district . 3. A donation bin located in a neighborhood commercial, village commercial, light industrial, or heavy industry zoning district. 4. Temporary retail located in an agricultural, multi-family residential, resort and recreation, neighborhood commercial, village commercial, light industrial, or heavy industry zoning district. B. Application procedures. 1. A temporary use permit application shall include a description of the use and a site plan. 2. The planning director shall determine whether the application is complete. 3. If the application is incomplete, the application shall be returned to the applicant with an explanation of the reasons it is incomplete. 4. If the application is complete, the planning director shall approve, approve with conditions, or deny the temporary use permit. C. Approval criteria. 1. Findings. The planning director shall not approve or modify an application for a temporary use permit unless the use meets the findings set forth in paragraph 17-3-2 D above. 2. Owner permission. The applicant must provide written authorization from the owner of the land where the use is to be located. a. When the use is to be located on public right -of-way, the applicant must provide written authorization from the town. b. When the use is in a commercial center, the applicant must provide written authorization of one of the following: i. The anchor tenant of the commercial center. ii. The association of commercial owners. Regular Council Meeting 02/16/2021 Page 316 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 iii. The management company responsible for managing the commercial center. 3. Traffic and adverse effects. The use shall be located and operated to minimize adverse effects on surrounding properties, particularly traffic generated by the use and traffic circulation in the area. 4. Parking and access. a. Adequate off-street parking, in accordance with this code, shall be provided to serve the use. b. The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. c. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. 5. Property line setbacks. Structures and merchandise displays shall comply with the yard and property line setback requirements of the zoning district where the use is located. 6. Sight visibility triangle. Structures and merchandise displays shall not interfere with the sight visibility triangle of the intersection. 7. General site maintenance. a. During the temporary use, the site shall be maintained in a clean and orderly condition, free of refuse and other debris. b. After the temporary use, the site shall be cleaned and restored to a condition acceptable to the property owner. D. Additional approval criteria for specific uses. The planning director shall not approve or modify an application for a temporary use permit for the following unless the use meets the following additional criteria: 1. Temporary retail. a. Automobile, boat, or RV sales. i. Shall not exceed 14 days. ii. Shall be located on a paved, gravel, or other dust -stabilized surface. b. Seasonal sale of products. i. Shall not exceed four consecutive months per calendar year. ii. The building or display booth must be portable and completely removed at the end of the permit period. c. Temporary outdoor merchant(s). Does not include “mobile food vendors” as defined in section 9 -13-2(C). Mobile food vendors are regulated by chapter 9 -13. i. Limited to the sale of food, beverages, or merchandise from a Regular Council Meeting 02/16/2021 Page 317 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 stand, motor vehicle, or person. ii. Shall not exceed four consecutive months. 2. Real estate development and construction -related temporary uses. a. General criteria. i. Zoning clearance and building permit authorization for construction shall be obtained prior to issuance of the temporary use permit, unless otherwise specified below. ii. The temporary building, travel trailer, or manufactured home shall be located on the lot or parcel on which construction is occurring and shall be occupied and used only by the property owner or authorized representative. iii. Shall be removed from the property within 14 days after completion of the construction work, or within 14 days after the expiration of the authorized building permit for the construction work, whichever comes first. iv. If an accessory building has been used for temporary residential use during construction, the building shall be returned to its accessory use state and any kitchen facilities placed in the building shall be removed within ten days after the expiration of the authorized building permit for the construction work, whichever comes first. b. Real estate sales office. One temporary structure such as a trailer or manufactured home may be used as a real estate sales office in any new construction project for the sale of units within that project only, subject to the following: i. The permit shall be valid until all units for the project are sold. ii. An all-weather emergency access road approved by the fir e department and the town engineer shall be provided to the site. iii. An off-street parking area shall be provided. c. Single family dwelling in temporary structure. During the active construction period (after a building or grading permit has been issued) of a construction project involving a non-residential use or a residential development, one manufactured home, trailer, or recreational vehicle may be allowed on the same property to be used as a temporary residence or for a night watchman for a period not to exceed 12 months or the active construction period, whichever is less. The temporary home shall be removed from the site within 14 days of the approved final building permit inspection or the final certificate of occupancy. 3. Donation bins. a. Permitted only as an accessory use, on the same lot or in the same commercial center as an existing permitted use. Regular Council Meeting 02/16/2021 Page 318 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 b. The permit shall be valid for a period of one year. c. Must be constructed of painted metal, rubber, wood, or plastic. d. Shall be maintained in a safe condition and free of graffiti. e. The area immediately surrounding the donation bin must be maintained so as to be free of trash or debris. Items may not be placed or left outside of the donation bin. f. Each donation bin shall be no more than six cubic yards i n capacity and must have a locking lid or a latch. g. No more than two donation bins shall be permitted on any one property, except that only two donation bins shall be permitted in a commercial center, even if it consists of multiple properties. h. One 12-cubic -yard donation bin may be used in lieu of two six -cubic- yard donation bins. i. The planning director may approve more than two donation bins on properties that are greater than ten acres in size if the additional donation bins are located on a different street frontage and spaced a minimum of 500 feet from any other donation bin. j. Each donation bin shall be clearly marked as follows: i. To identify the specific items and materials requested to be left for donations; ii. To identify the name, telephone number and email address of the owner or operator of the donation bin that may be used for contact at any time; iii. The temporary use permit number associated with the donation bin shall be clearly located on the donation bin. iv. A notice shall also be on the donation bin that items shall not be left outside of the donation bin and that no hazardous materials may be placed inside the donation bin. v. To identify the name of the non -profit entity that shares the donated item profits. k. The property owner or authorized agent may rescind authorization for the donation bin at any time and the permit shall be revoked. E. Appeal. Upon receiving notification of the approval or denial of a temporary use permit, the applicant or any party aggrieved by the decision may file an appeal to the board of adjustment. Regular Council Meeting 02/16/2021 Page 319 of 324 EXHIBIT A TO MARANA RESOLUTION NO. 2021-024 Revisions to Marana Town Code, Title 17 (Land Development Code), Chapter 17-3 (Administration and Enforcement) pursuant to Marana Ordinance No. 2021.003 00074125.DOCX /1 SECTION 4. New section 17 -3 -5 entitled “Classification; enforcement; continuing violations” is hereby added to the Marana Town Code as follows, and the sections that follow are renumbered to conform: 17-3 -5 Classification; enforcement; continuing violations A. Except as otherwise provided in this title, any violation of this title is a civil infraction, and may be enforced in any manner provided by town ordinances and state laws. B. Each day any violation continues shall constitute a separate offense. SECTION 5. Existing section 17 -3 -5 (renumbered as section 17 -3 -6 by section 4 of this ordinance) of the Marana Town Code, is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): 17-3 -517 -3-6 Responsibility for violation It shall be the responsibility of the owner of the land and any and all bui lders, contractors, sub-contractors, real estate agents, and any other person having appropriate decision -making authority in the establishment of any use of land or the erection, modification, or relocation of any building or structure or other use of the land to make sure that a proper permit has been obtained before work is begun. Any person doing any work on a project for which a proper permit has not been obtained shall be deemed in violation of this ordinancetitle. SECTION 6. Existing section 17 -3 -6 (renumbered as section 17 -3 -7 by section 4 of this ordinance) of the Marana Town Code, is hereby revised as follows (with additions shown with double underlining and deletions shown with strikeouts): 17-3 -617 -3-7 Responsibility for enforcement A. The planning director or designee shall be responsible for the enforcement of zoning ordinances codified in this land development code, with the assistance of the town attorney or designee. B. The town engineer or designee shall be responsible for the enforcement of subdivision and floodplain regulations codified in this land development code, with the assistance of the town attorney or designee. C. The planning director, town engineer, town attorney and respective designees may designate and authorize code compliance officers to assist in enforcement of this title, consistent with the provisions of chapter 1 -9. Regular Council Meeting 02/16/2021 Page 320 of 324 Proposed Revisions to Chapter 17-3 of the Marana Town Code David Udall, Assistant Town Attorney February 16, 2021 Regular Council Meeting 02/16/2021 Page 321 of 324 Town Code Chapter 17-3 Administration and Enforcement •Conditional Use Permit (CUP) revisions account for recent case law •9th Circuit case found language similar to some of our current CUP language unconstitutional •Temporary Use Permit (TUP) revisions provide more guidance •Current TUP provisions do not provide much guidance for staff or for the community •Revisions specify different types of temporary uses with appropriate zones for each use, outline application procedures, and provide detailed approval criteria and appellate procedures Regular Council Meeting 02/16/2021 Page 322 of 324 Town Code Chapter 17-3 Administration and Enforcement •Enforcement adjustments •Unless otherwise designated, violations of title 17 would now be civil rather than criminal •Revisions allow the planning director to delegate enforcement Regular Council Meeting 02/16/2021 Page 323 of 324 Questions? Regular Council Meeting 02/16/2021 Page 324 of 324