HomeMy WebLinkAboutAMENDED Regular Council Meeting Agenda Packet 04/19/2022
MARANA TOWN COUNCIL - AMENDED
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, April 19, 2022, 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 April 19, 2022, 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
Chambers) and deliver it to the Town Clerk prior to the convening of the meeting.
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
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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.
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April 19, 2022
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future agenda.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are
generally routine items not requiring Council discussion. A single motion and
affirmative vote will approve all items on the Consent Agenda, including any
resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any
Council member may remove any item from the Consent Agenda and that item will
be discussed and voted upon separately.
C1 Ordinance No. 2022.007: Relating to Finance; Exempting HM3 Advocate,
Inc. from the Special Event Permit fee for an event on April 24, 2022, at
Continental Reserve Neighborhood Park (Jim Conroy)
C2 Resolution No. 2022-034: Relating to the Marana Regional Airport;
approving and authorizing the Mayor to sign a Land/Facility Use
Agreement between the Town of Marana and the Arizona Department of
Forestry and Fire Management for use of the Airport as an air tanker base
for fire suppression activities during fire season (David L. Udall)
C3 Resolution No. 2022-035: Relating to Development; amending Marana
Resolution No. 2022-026 to accept for maintenance two additional streets in
Gladden Farms Block 27 Phase 1 (David L. Udall)
C4 Resolution No. 2022-036: Relating to Administration; approving and
authorizing the Mayor to execute Amendment One to the Intergovernmental
Agreement with Pima County for Pima Early Education Program (Lisa
Shafer)
C5 Resolution No. 2022-037: Relating to Development; approving a final plat
for Saguaro Bloom Block 1, Lots 297-387, Common Area “B”, Common Area
“C” and Block 1D, generally located at the southeast corner of Airline Road
and Lambert Lane (Cynthia Ross)
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April 19, 2022
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C6 Resolution No. 2022-038: Relating to Public Works; approving and
authorizing the Mayor to execute an Intergovernmental Agreement between
the State of Arizona and the Town of Marana for design, construction, and
installation of a traffic signal at the intersection of Dove Mountain
Boulevard and Moore Road (Fausto Burruel)
C7 Approval of the Council Regular Meeting Summary Minutes of April 5,
2022 and the Council Study Session Meeting Summary Minutes of March 22,
2022 (Cherry L. Lawson)
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for a new series #010
Beer and Wine Store Liquor License submitted by Perry Charles
Huellmantel on behalf of QuikTrip #1474, located at 6555 West Twin Peaks
Road, Tucson, AZ 85742 (Cherry L. Lawson)
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 Resolution No. 2022-039: Relating to Development; approving and authorizing the
Mayor to sign the Crossroads at Gladden Development Agreement (Jane Fairall)
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Relating to Budget; discussion, direction, and possible action regarding
development of the fiscal year 2022/2023 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.
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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
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Council-Regular Meeting C1
Meeting Date:04/19/2022
To:Mayor and Council
Submitted For:Jim Conroy, Parks & Recreation Director
From:Wayne Barnett, Deputy Director Parks & Recreation
Date:April 19, 2022
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
This request seeks to respond to the community by providing a means to support a
local non-profit group providing assistance to community members in need of
assistance.
Subject:Ordinance No. 2022.007: Relating to Finance; Exempting HM3
Advocate, Inc. from the Special Event Permit fee for an event on April
24, 2022, at Continental Reserve Neighborhood Park (Jim Conroy)
Discussion:
Under state law, the Town Council is authorized to control the finances of the Town.
The Marana Town Council has adopted a comprehensive fee schedule that includes a
fee for special event permits.
Marana Unified School District student Nikki Bayse has requested a waiver of Town of
Marana Special Event fee for an event to be held on Sunday, April 24, 2022, at
Continental Reserve Neighborhood Park, from 10am - 5pm. The event will benefit
HM3 Advocate, Inc., a local non-profit that seeks shelter for women in need of
assistance. The event will consist of carnival games and information booths.
If adopted, this ordinance would waive the $500 "Special Event Permit" fee included in
the Town's comprehensive fee schedule for the April 24, 2022 event at Continental
Reserve Neighborhood Park. HM3 Advocate, Inc. would still be required to go
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April 19, 2022
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through the Town's normal review and permitting process.
Staff Recommendation:
Council's pleasure.
Suggested Motion:
I move to adopt Ordinance No. 2022.007 exempting HM3 Advocate, Inc. from the
Special Event Permit fee for an event on April 24, 2022, at Continental Reserve
Neighborhood Park.
Attachments
Ordinance No. 2022.007
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00080446.DOCX /1
Ordinance No. 2022.007 - 1 -
MARANA ORDINANCE NO. 2022.007
RELATING TO FINANCE; EXEMPTING HM3 ADVOCATE, INC. FROM THE SPECIAL
EVENT PERMIT FEE FOR AN EVENT ON APRIL 24, 2022 AT CONTINENTAL
RESERVE NEIGHBORHOOD PARK
WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the
finances of the Town; and
WHEREAS the Town Council has adopted a comprehensive fee schedule for the
Town which includes a fee for special event permits; and
WHEREAS HM3 Advocate, Inc. is a nonprofit corporation established to assist
domestic violence victims in southern Arizona; and
WHEREAS HM3 Advocate, Inc. is hosting a special event on April 24, 2022 at
Continental Reserve Neighborhood Park; and
WHEREAS Mayor and Council of the Town of Marana find that exempting HM3
Advocate, Inc. from the Special Event Permit fee for the event on April 24, 2022 at
Continental Reserve Neighborhood Park is in the best interests of the Town and its
residents.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
SECTION 1. HM3 Advocate, Inc. is hereby exempted from the Special Event
Permit fee included in the Town’s comprehensive fee schedule, as adopted by the Town
Council and amended from time to time, for the event on April 24, 2022 at Continental
Reserve Neighborhood Park. Notwithstanding the waiver of this fee, HM3 Advocate, Inc.
shall still be required to go through the Town’s normal review and permitting process.
SECTION 2. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of the
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, the decision shall not affect the validity of the
remaining portions of this ordinance.
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00080446.DOCX /1
Ordinance No. 2022.007 - 2 -
SECTION 5. This ordinance is administrative, and shall be effective immediately.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of April, 2022.
Mayor Ed Honea
ATTEST:
Cherry Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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Council-Regular Meeting C2
Meeting Date:04/19/2022
To:Mayor and Council
From:David Udall, Assistant Town Attorney
Date:April 19, 2022
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2022-034: Relating to the Marana Regional Airport; approving
and authorizing the Mayor to sign a Land/Facility Use Agreement between
the Town of Marana and the Arizona Department of Forestry and Fire
Management for use of the Airport as an air tanker base for fire suppression
activities during fire season (David L. Udall)
Discussion:
For a number of years, the Arizona Department of Forestry and Fire Management
(formerly the Arizona State Forestry Division) has used property on the premises of the
Marana Regional Airport each fire season as a base for air-based fire suppression,
either through a sublease with Northwest Fire District or, more recently, through a
direct agreement with the Town. The proposed Land/Facility Use agreement will
continue this relationship.
If approved, the agreement will allow the Department to park single engine air tankers
at the airport during fire season (roughly May through July) and place temporary
mobile office building/trailers on airport property. In addition, the Department may
station an airplane and a helicopter at the airport for fire reconnaissance and fire
support. Pursuant to the agreement, Town rental/parking fees would be waived, but
the Department would be required to pay for its own water and electric utilities
associated with its use of the airport property directly to the utility companies. The
agreement will be in place for one year.
Financial Impact:
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There is no impact to the Town's or the airport's finances. The waived airport fees are
largely immaterial to the airport's finances.
Staff Recommendation:
Staff recommends approval of the agreement.
Suggested Motion:
I move to adopt Resolution No. 2022-034, approving and authorizing the Mayor to sign
a Land/Facility Use Agreement between the Town of Marana and the Arizona
Department of Forestry and Fire Management for use of the Airport as an air tanker
base for fire suppression activities during fire season.
Attachments
Resolution No. 2022-034
Exhibit A
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Resolution No. 2022-034 1
MARANA RESOLUTION NO. 2022-034
RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND
AUTHORIZING THE MAYOR TO SIGN A LAND/FACILITY USE AGREEMENT
BETWEEN THE TOWN OF MARANA AND THE ARIZONA DEPARTMENT OF
FORESTRY AND FIRE MANAGEMENT FOR USE OF THE AIRPORT AS AN AIR
TANKER BASE FOR FIRE SUPPRESSION ACTIVITIES DURING FIRE SEASON
WHEREAS A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana
to undertake all activities necessary to acquire, establish, construct, own, control, lease,
equip, improve, maintain, operate and regulate an airport; and
WHEREAS the Town Council finds that entering into a Land/Facility Use
Agreement with the Arizona Department of Forestry and Fire Management to allow the
use of property at the Marana Regional Airport as an air tanker base for fire suppression
activities in Southern Arizona during the fire season is in the best interests of the Town
and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows: The Land/Facility Use Agreement
between the Town of Marana and the Arizona Department of Forestry and Fire
Management, substantially in the same form attached to and incorporated by this
reference in this resolution as Exhibit A, is hereby approved, the Mayor is hereby
authorized and directed to execute it for and on behalf of the Town of Marana, 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 the terms, obligations, and objectives of
the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of April, 2022.
Mayor Ed Honea
ATTEST:
Cherry Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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Exhibit A to Marana Resolution No. 2022-034
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Exhibit A to Marana Resolution No. 2022-034
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Exhibit A to Marana Resolution No. 2022-034
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Exhibit A to Marana Resolution No. 2022-034
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Exhibit A to Marana Resolution No. 2022-034
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Council-Regular Meeting C3
Meeting Date:04/19/2022
To:Mayor and Council
From:David Udall, Assistant Town Attorney
Date:April 19, 2022
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2022-035: Relating to Development; amending Marana
Resolution No. 2022-026 to accept for maintenance two additional streets in
Gladden Farms Block 27 Phase 1 (David L. Udall)
Discussion:
On March 15, 2022, the Mayor and Town council adopted Marana Resolution No.
2022-026, which approved a release of assurances for Gladden Farms Block 27 Phase 1,
consisting of lots 1 through 81 and common areas "A-1"-"A-12" and "B-1"-"B-4." The
resolution additionally approved the acceptance of the following roadways for
maintenance: Gibbs Avenue, Watkins Avenue, Avery Avenue, Embry Drive, and
Harrigan Street. Due to a clerical error, two roadways were not included in Resolution
No. 2022-026 that should have been included: Jernigan Street and Berwick Drive.
If adopted, this resolution would amend Resolution No. 2022-026 to add Jernigan
Street and Berwick Drive to the list of accepted roadways for maintenance. As a side
note, "Hellig Avenue" on the Location Map included in the backup materials to this
agenda item was changed to "Avery Avenue" on the approved final plat and was
accepted for maintenance as such in Resolution No. 2022-026.
Staff Recommendation:
Staff recommends approval of Resolution No. 2022-035, amending Resolution No.
2022-026.
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April 19, 2022
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Suggested Motion:
I move to adopt Resolution No. 2022-035, amending Marana Resolution No. 2022-026
to accept for maintenance two additional streets in Gladden Farms Block 27 Phase 1.
Attachments
Resolution No. 2022-035
Resolution No. 2022-026
Location Map
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April 19, 2022
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Resolution No. 2022-035 1
MARANA RESOLUTION NO. 2022-035
RELATING TO DEVELOPMENT; AMENDING MARANA RESOLUTION NO. 2022-026 TO
ACCEPT FOR MAINTENANCE TWO ADDITIONAL STREETS IN GLADDEN FARMS
BLOCK 27 PHASE 1
WHEREAS on March 15, 2022, the Marana Town Council adopted Marana Resolution
No. 2022-026, which approved a release of assurances for Gladden Farms Block 27 Phase 1,
consisting of lots 1 through 81 and common areas "A-1"-"A-12" and "B-1"-"B-4"; and
WHEREAS as adopted, Resolution No. 2022-026 approved, among other things, the
acceptance of the following roadways for maintenance: Gibbs Avenue, Watkins Avenue, Avery
Avenue, Embry Drive, and Harrigan Street; and
WHEREAS due to a clerical error, two roadways were not included for acceptance in
Resolution No. 2022-026 that should have been included; and
WHEREAS the Mayor and Council of the Town of Marana find that amending Resolution
No. 2022-026 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 as follows:
Section 1.Section 2 of Marana Resolution No. 2022-026 is hereby amended to add the
following paved streets as shown on the final plat of Gladden Farms Block 27 Phase 1 to the list
of streets accepted by the Town for maintenance, including maintenance of regulatory traffic
control and street signs:
Berwick Drive
Jernigan Street
Section 2.Except as expressly modified in this Resolution, the remaining provisions in
Marana Resolution No.2022-026 shall remain unchanged and in full force and effect.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 19th day of April, 2022.
Mayor Ed Honea
ATTEST:
Cherry Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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SCALE: 1"= 100'
0'50'100'200'
1
2
3
4
5
6 7 8 9 10 11 12 13 14 15 16 17 18 19
20
21
22
23
2425
26
27
28
29
30
31
32
33
34
35
36
37
3839404142
43
44
45
46
47
48
49505152
53
54
55
5657585960
61
62
63
64
65 66 67 68 69 70 71 72 73 74 75 76 77 78
79
80 81
46688995 48
85
6
6
7
7
CA "B-1"CA "A-5"
CA "A-2"
CA "A-2"
CA "A-1"
CA "B-3"CA "B-4"
CA "B-2"
CA "A-7"CA "A-4"
CA "A-3"CA "A-6"
CA "A-11"
CA "A-8"
CA "A-12"
CA "A-9"
CA "A-10"
82 83 84 85
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
140
141
142
143
144
145 146
147PHASE 2PHASE 1PHA
SE 1
PHA
SE 2
MW-2021-013 MW-2021-014 MW-2021-015
MW-2021-016
MW-2021-018MW-2021-017
MW-2021-007
MW-2021-008
MW-2021-009 MW-2021-010
MW-2021-011
MW-2021-012
MOORE ROAD
(PUBLIC STREET)
(PUBLI
C STREET)MI
KE ETTER BOULEVARD(S-2017-008)
EXIST 15" PVC
(S-2017-008)
EXIST 15" PVC
(S-2017-008)
EXIST 12" PVC
(S-2017-008)
MW-2017-023
(S-2017-008)
MW-2017-024
(S-2017-008)
MW-2017-025
(S-2017-008)
EXIST 12" PVC
(S-2017-008)
MW-2020-021
(S-2017-008)
MW-2017-122
(S-2020-081)
EXIST 8" PVC
AZ STATE PLANE
E: 922448.42
N: 523896.53
(ENG1903-004)
EXIST MH #2020-081
POINT OF CONNECTION
BWV
BWV BWV BWV BWV BWV BWV
BWV
BWV
BWV
BWV BWV
BWV BWV
BWV
BWV
STREETW JERNIGANN BERWI
CK DRI
VEW HARRIGAN DRIVE N GIBBS AVENUEN WATKINS AVENUEW EMBREY DRIVE
N HELLIG AVENUETAGGED "PCHD3"
FND 1/2" REBAR
STAMPED "17436"
FND 1 1/2" ALUM CAP
BASIS OF ELEVATION
PAVING & SEWER PLANS FOR
BLOCK 27 PHASE 1
GLADDEN FARMS
M ARANA A Z
W ATER
TAKEOFF QUANTITIES*
CONTRACTOR TO PERFORM HIS/HER OWN
* QUANTITIES FOR ESTIMATION ONLY,
QUANTITIES TABLE
LF8" SEWER MAIN
4' MANHOLE EA
2,856
12
BASIS OF BEARING
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
BASIS OF ELEVATION
(NAVD 88)
16'+/- SOUTH OF THE SOUTHEAST CORNER OF A WELL SITE. ELEVATION = 2011.61
A CONCRETE BOX W/GRATE. 41'+/- NORTHWEST OF THE WEST QUARTER SECTION 35 AND
PIMA COUNTY OPUS CONTROL POINT 11S11E_17. A "+" ON THE SOUTHEAST CORNER OF
PAVING NOTES
TOP OF CURB ELEVATION
LOT REQUIRES BACKWATER VALVE ON HCS
A = DETAIL IDENTIFICATION,
1 = SHEET SHOWING DETAIL
PAVEMENT MARKINGS
EXIST SEWER AND MANHOLE
EXIST WATERLINE W/VALVE
EXIST UNDERGROUND ELECTRIC LINE
EXIST GAS LINE
EXIST CURB & PAVEMENT
PROJECT BOUNDARY
SD 213
(FOR REFERENCE ONLY)
PROPOSED MH W/CONC COLLAR
NEW WATERLINE W/VALVE
SD 200
SD 103
TC 52.50
A
1
LEGEND
EXIST ELEVATION
(FOR REFERENCE ONLY)
SD 209
A.C. PAVING (REGULAR)
6" VERTICAL CURB (TYPE 2)
6" x 12" CONCRETE HEADER
PROPOSED SEWER
STORM DRAIN
DETAIL REFERENCE
CONCRETE SIDEWALK
SURVEY MONUMENT
PHASE LINE
LOT NUMBERS
TEP TRANSFORMER
(FOR REFERENCE ONLY)
(FOR REFERENCE ONLY)
SHEET INDEX
TEP PEDESTAL
CENTERLINE
(49.50)
23
RWRD 104
RWRD 205, RWRD 212
CITY OF TUCSON.
5) PAVEMENT MARKING DESIGN MANUAL (AUGUST 2008 EDITION), PIMA COUNTY
STANDARD DETAILS/DRAWINGS
STANDARD SPECIFICATIONS
WORK TO BE DONE
CITY OF TUCSON.
6) TRAFFIC SIGNING DESIGN MANUAL (MAY 2002 EDITION), PIMA COUNTY AND
PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT.
2) STANDARD SPECIFICATIONS AND DETAILS FOR CONSTRUCTION (2016 EDITION)
PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT.
2) STANDARD SPECIFICATIONS AND DETAILS FOR CONSTRUCTION (2016 EDITION)
ITEM STANDARD DETAIL SYMBOL
ACCORDING TO THESE PLANS AND SPECIFICATIONS AND STANDARD DETAILS:
THE IMPROVEMENTS AND GRADING CONSIST OF THE FOLLOWING WORK TO BE DONE
ASSOCIATION OF GOVERNMENTS (PAG).
1) STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS (2015 EDITION), PIMA
ASSOCIATION OF GOVERNMENTS (PAG).
1) STANDARD DETAILS FOR PUBLIC IMPROVEMENTS (2015 EDITION), PIMA
EXIST ROW LINE
RWRD 205, RWRD 211
2
SR-209 - PG 2 SINGLE PHASE TRANSFORMERCATV TELE
SR-209 - PG 3 - SINGLE PHASE PEDCATV TELE
PROPOSED 4' SEWER MANHOLE
W
S
E
G
CURB ACCESS RAMP TOM SD 600-1 & 600-2
SD 2095" WEDGE CURB
9) SUBDIVISION STREET STANDARDS MANUAL, TOWN OF MARANA (2016 EDITION)
OWNER/DEVELOPER
FOR SEWER NOTES SEE SHEET 10
FOR GENERAL NOTES SEE SHEET 3
1
1" = 100'
N/A
SEE DETAIL H, SHEET 13
ENG2008-006/S-2021-002
BWV
SEWER SERVICE
SHEET INDEX
13 PAVING AND STANDARD DETAILS
12 SIGNING AND STRIPING NOTES & DETAILS
11 SIGNING AND STRIPING PLANS
10 HCS DATA, SEWER DETAILS AND SEWER NOTES
4-9 PAVING AND SEWER PLANS
2-3 GENERAL NOTES
1 COVER SHEET
BY: P.E.
BY: A.I.C.P.
TOWN OF MARANA PLANNING DIRECTOR
TOWN OF MARANA DEVELOPMENT ENGINEER/TOWN ENGINEER
DATE
DATE
ACCEPTED
BY: A.I.C.P.
TOWN OF MARANA PLANNING DIRECTOR DATE
DATE MARANA WATER DIRECTOR
BY:
AS-BUILT CERTIFICATION
AND BELIEF.
ACCURATELY DEPICTS EXISTING FIELD CONDITIONS TO THE BEST OF MY KNOWLEDGE
WERE BASED ON AN AS-BUILT SURVEY CONDUCTED UNDER MY SUPERVISION AND
I HEREBY CERTIFY THAT THE "AS-BUILT ANNOTATIONS" PROVIDED ON THIS DRAWING
REGISTRATION NUMBER EXPIRES
REGISTERED LAND SURVEYOR DATE
CONTACT: 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.
A.C. PAVING (TEMPORARY)
OFFSITE.
AT (520) 628-5376. THEY WILL COME OUT AND RELOCATE THE BIRD(S)
DURING GRADING, PLEASE CALL THE ARIZONA GAME AND FISH DEPARTMENT
IN THE TOWN OF MARANA. IF GRADING CREWS FIND A BURROWING OWL
BURROWING OWL IS KNOWN TO OCCUR IN AND AROUND AGRICULTURAL FIELDS
GROUND, PARTICULARLY ALONG THE PERIMETER OF FIELDS. THE
ALERT FOR BURROWING OWLS WHICH CAN BE SPOTTED STANDING ON THE
DURING CONSTRUCTION, THE TOWN ENCOURAGES GRADING CREWS TO BE 11.
RELEASE OF ASSURANCES.
ACCEPTED PLANS PRIOR TO REQUEST FOR FINAL INSPECTION OR THE
PROJECT WAS CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE
A REGISTERED ENGINEER (OR LAND SURVEYOR) MUST CERTIFY THAT THIS 10.
TO UTILITIES CAUSED BY HIS OPERATIONS.
COMPLETELY RESPONSIBLE FOR COSTS INCURRED AS A RESULT OF DAMAGE
WITHIN THE WORK AREA. THE CONTRACTOR SHALL BE SOLELY AND
VERIFICATION OF THE LOCATION AND ELEVATION OF ALL UTILITIES
LEAST 2 WORKING DAYS PRIOR TO COMMENCING CONSTRUCTION, TO REQUEST
SERVICE EXISTS. THE CONTRACTOR SHALL CALL ARIZONA 811 AT 811, AT
PLANS; THEREFORE, THE POSSIBILITY OF CONFLICTS WITH UTILITIES IN
AND THERE MAY BE EXISTING UTILITIES WHICH ARE NOT SHOWN ON THE
COMPANIES OR AGENCIES. UTILITY LOCATIONS SHOWN ARE APPROXIMATE,
AVAILABLE RECORDS AND INFORMATION PROVIDED BY THE UTILITY
UTILITY LOCATIONS AS SHOWN ON THE PLANS ARE BASED ON A SEARCH OF 9.
OTHERWISE NOTED.
ALL STATIONING IS MEASURED ALONG STREET CENTERLINE, UNLESS 8.
28-650.§ADOPTED BY THE STATE OF ARIZONA PURSUANT TO A.R.S.
IN ACCORDANCE WITH THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES
WORK IS COMPLETED. ALL WARNING SIGNS, BARRICADES, ETC. SHALL BE
POSTED AND MAINTAINED BY THE CONTRACTOR UNTIL SUCH TIME AS THE
UPON COMMENCEMENT OF WORK, TRAFFIC CONTROL DEVICES SHALL BE 7.
FOR REVIEW AND APPROVAL BY THE TOWN ENGINEER.
SUBMIT THE NECESSARY REVISED OR SUPPLEMENTAL IMPROVEMENT PLANS
CONTRACTOR SHALL NOTIFY THE ENGINEER AND THE ENGINEER SHALL
OF CONSTRUCTION AND ARE BEYOND THE SCOPE OF THE DESIGN, THE
IF ANY UNANTICIPATED CONDITIONS ARE ENCOUNTERED DURING THE COURSE 6.
AGENCIES.
THE CONTRACTOR SHALL OBTAIN ALL PERMITS REQUIRED BY GOVERNMENTAL 5.
SAFETY AND HEALTH ADMINISTRATION REGULATIONS.
THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE OCCUPATIONAL 4.
STRENGTH AT 28 DAYS, UNLESS OTHERWISE SPECIFIED.
PUBLIC IMPROVEMENTS, SECTION 1006, CLASS S, 3,000 PSI COMPRESSIVE
ALL CONCRETE SHALL COMPLY WITH PAG STANDARD SPECIFICATIONS FOR 3.
SPECIFIED.
FOR PUBLIC IMPROVEMENTS, SECTION 406, MIX #2, UNLESS OTHERWISE
ASPHALTIC CONCRETE SHALL CONFORM TO PAG STANDARD SPECIFICATIONS 2.
VEHICLE IS WB-40.
THE DESIGN SPEED FOR THESE STREETS ARE 25 MPH. THE DESIGN 1.
(2" ON 100% NATIVE)S 00°30'03" EBASIS OF BEARINGLOTS 1-81 & COMMON AREAS "A" & "B" REVISIONDATEBYNO.SHEET OF
S
C
A
L
EPAVING & SEWER PLANS PREPARED FOR:DATE:DATE:APPROVED BY:CHECKED BY:DATE:DATE:DESIGNED BY:DRAWN BY:07/202007/202007/2020working days before you begin excavation
Contact Arizona 811 at least two full
Call 811 or click Arizona811.com
R
HORIZ :
VERT :
07-OCT-2020 16:16C:\RICK\Projects\T_TUC_G\GLADDEN_II\5011_Block_27\Civil\_Blk27_Phase1\5011PH1imp01.dgn\\cp.rickeng.com\projects\T_TUC_G\GLADDEN_II\5011_Block_27\Civil\_Blk27_Phase1\TUC CorpStds 2005.dscript J-5011RSMSQHBMPBMP07/2020PHASE 1BLOCK 27GLADDEN FARMS13
S-2021-002
ENG2008-006 COMMON AREAS "A" & "B" LOTS 1-81 AND27 26
3534
MOORE ADOR
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SCALE: 3" = 1 MILE
LOCATION MAP
PROJECT
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SEQ #20192910094
SEQ #20181100137
SEQ #20071020612
SEQ #20040110791
SEQ #20032160454
SEQ #20052030148
SEQ #20051970423
SEQ #20061300698
SEQ #20072170310
SEQ #20060970432
SEQ #20051750608
SEQ #20032160452
SEQ #20040700645
SEQ #20051340763
SEQ #20121740308
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SEQ #2017313007016
RETTE EKIM
DRAVELUOB
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SEQ #2018250008117
SEQ #2019331005318
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19 SEQ #20190530029
PIMA COUNTY, ARIZONA
G & SRM TOWN OF MARANA
SECTION 35, T 11 S, R 11 E
REVIEWED FOR CODECOMPLIANCE
10/19/2020 - cteresi
No. ENG2008-006 Approved
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 23 of 119
Council-Regular Meeting C4
Meeting Date:04/19/2022
To:Mayor and Council
From:Lisa Shafer, Community Development Director
Date:April 19, 2022
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2022-036: Relating to Administration; approving and
authorizing the Mayor to execute Amendment One to the Intergovernmental
Agreement with Pima County for Pima Early Education Program (Lisa Shafer)
Discussion:
On June 1, 2021, the Town Council approved Resolution No. 2021-077 authorizing staff
to enter into an Intergovernmental Agreement (IGA) with Pima County for the new
Pima Early Education Program (PEEP) to fund a new pre-school program at Estes
Elementary for the 2021-2022 school year. The Town contributed $132,000 towards the
10-month program this school year.
The overall goals of PEEP are to increase the number of 3-5 year-old children from
low-income families attending high quality preschools in Pima County and to increase
the number of high quality preschools in Pima County. A household family income
must be at or below 200% of the Federal Poverty Level to qualify for this program. To
be considered a quality preschool, the preschool must have a Quality First rating of 3-5
stars, be a Head Start provider or be nationally accredited. During the first year of the
PEEP funding, 12 new pre-school classes were added throughout Pima County. This
coming school year the number of pre-school classes is expected to grow to 26 classes.
All 18 seats in the new 3-4 year old program at Estes were filled very quickly after they
were opened for enrollment last summer. MUSD will also be adding another
pre-school program at DeGrazia Elementary, which is outside the Town boundaries
and will be funded by Pima County.
The County has approached the Town requesting that we consider funding PEEP for a
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 24 of 119
The County has approached the Town requesting that we consider funding PEEP for a
second year. The cost for school year 2022-2023 is $155,545. The Town has a credit of
$13,200 due to the class size being only 18 (3-4 year old) students, not the 20 (4-5 year
old) students previously planned for. If the Town Council approves Amendment One
to the PEEP IGA, the Town will pay a total of $142,345, including the $13,200
credit, towards PEEP.
Financial Impact:
Fiscal Year:2023
Budgeted Y/N:Y
Amount:$142,345
Pending Council approval the contribution amount for this program will be budgeted
within the General Fund for the upcoming fiscal year.
Staff Recommendation:
Staff recommends approval of Amendment One to the IGA with Pima County for the
Pima Early Education Program.
Suggested Motion:
I move to adopt Resolution No. 2022-036, approving and authorizing the Mayor to
execute Amendment One to the Intergovernmental Agreement with Pima County for
Pima Early Education Program.
Attachments
Resolution No. 2022-036
Exhibit A
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 25 of 119
00080373.DOCX /1
Resolution No. 2022-036 - 1 -
MARANA RESOLUTION NO. 2022-036
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AMENDMENT ONE TO THE INTERGOVERNMENTAL
AGREEMENT WITH PIMA COUNTY FOR PIMA EARLY EDUCATION PROGRAM
WHEREAS research shows that children who attend high quality preschool are
better prepared for kindergarten and are less likely to need expensive special education
services; and
WHEREAS on June 1, 2021, the Town Council approved Resolution No. 2021-077
authorizing the Mayor to execute an Intergovernmental Agreement with Pima County
for Pima Early Education Program; and
WHEREAS the Town of Marana desires to contribute funding to the Pima Early
Education Program for a second year to offer high quality preschool classes at school
district sites within the Town of Marana; 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 Town Council finds that this amendment to the intergovernmental
agreement with Pima County for the Pima Early Education Program is in the best
interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Amendment One to the intergovernmental agreement with Pima
County for the Pima Early Education Program, attached to and incorporated by this
reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby
authorized to sign it for and on behalf of the Town of Marana.
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 the agreement.
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 26 of 119
00080373.DOCX /1
Resolution No. 2022-036 - 2 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19th day of April, 2022.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 27 of 119
Exhibit A to Resolution No. 2022-036
Contract No: CTN-CR-21*128 1
Pima County Department of Community & Workforce Development
Project: Pima Early Education Program
IGA: Town of Marana
Contract No.: CTN-CR-21-128
Contract Amendment No.: 01
Orig. Contract Term: 07/01/2021 – 09/01/2022 Orig. Amount: $132,000.00
Termination Date Prior Amendment:N/A Prior Amendments Amount: $ 0.00
Termination Date This Amendment: 09/01/2023 This Amendment Amount: $142,345.00
Revised Total Amount: $274,345.00
AMENDMENT ONE
The parties agree to amend the above-referenced Intergovernmental Agreement as follows:
1. Background and Purpose.
1.1.Background. On May 18, 2021, Pima County (“County”) and the Town of Marana
(“Town”),entered into the above-referenced Intergovernmental Agreement (“Agreement”) to
provide funding for the Pima Early Education Program.
1.2. Purpose. The parties want to extend the term by one year and contribute additional
funding to the Pima Early Education Program to offer high quality preschool opportunities in
the Town of Marana, without cost, to families with incomes at or below 200% of the Federal
Poverty Level.
2. Term.This Amendment No. 1 commences on September 2, 2022 and terminates on September
1, 2023. If the commencement date is before the Effective Date of this amendment, the parties
will, for all purposes, deem the amendment to have been in effect as of the commencement
date.
3. Town Responsibilities. Section 3 is amended to include City’s additional contribution of
$142,345.00 that Town must pay to County on or before September 30, 2022.
4. County Responsibilities. Section 4 is deleted in its entirety and replaced with the following:
County shall allocate Town’s $274,345.00 to reimburse Marana Unified School District for the
cost of operating the new high quality preschool class at Estes Elementary School located
within the Town for up to 18 preschool age children from families with incomes at or below
200% of the Federal Poverty Level. This maximum class reimbursement for School Year 2021-
22 is $118,800. The maximum class reimbursement for School Year 2022-23 is $155,545.
County will provide Town with a copy of the agreement between County and Manana Unified
School District prior to Town making payment to County. County will not charge Town an
administrative fee for allocating the Town funds. For Year One and Year Two, County shall
provide quarterly reports to Town on or before October 31, January 31, April 30, and July 31,
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 28 of 119
Exhibit A to Resolution No. 2022-036
Contract No: CTN-CR-21*128 2
and will also provide an end-of-year report by September 1. Reports shall include, for the
preceding quarter, the amount of Town funding spent, and number of children served.
5. Counterparts.This Amendment No. 1 may be executed in counterparts, each of which, when
taken together, will constitute one original contract.
All other provisions of the Contract not specifically changed by this Amendment remain in effect and
are binding upon the parties.
SIGNATURE PAGE TO FOLLOW
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 29 of 119
Exhibit A to Resolution No. 2022-036
Contract No: CTN-CR-21*128 3
PIMA COUNTY:
___________________________________
Chair, Board of Supervisors
___________________________________
Date
ATTEST
__________________________________
Clerk of the Board
TOWN:
__________________________________
Mayor
__________________________________
Date
ATTEST
__________________________________
Town Clerk
Approval
The foregoing Intergovernmental Agreement Amendment between County and Town has been
reviewed by the undersigned and is hereby approved as to content.
__________________________________
Jan Lesher, Acting Pima County Administrator
Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between County and the Town has been reviewed
by the undersigned, each of whom has determined that it is in proper form and is within the
powers and authority granted under the laws of the State of Arizona to the party he or she
represents.
PIMA COUNTY:
_______________________________
Deputy County Attorney
TOWN
_____________________________________
Town Attorney
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 30 of 119
Council-Regular Meeting C5
Meeting Date:04/19/2022
To:Mayor and Council
From:Cynthia Ross, Senior Planner
Date:April 19, 2022
Strategic Plan Focus Area:
Community, Not Applicable
Subject:Resolution No. 2022-037: Relating to Development; approving a final plat for
Saguaro Bloom Block 1, Lots 297-387, Common Area “B”, Common Area
“C” and Block 1D, generally located at the southeast corner of Airline Road
and Lambert Lane (Cynthia Ross)
Discussion:
History
The Town Council approved a final plat for Saguaro Bloom Block 1 Lots 1-389, Blocks
1A, 1B and 1C, and Common Areas A, B and C on February 20, 2018, recorded with the
Pima County Recorder at Sequence Number 20180540069. The subdivision has since
been developed by D.R. Horton and construction is mostly complete for the northern
portion of the site (Lots 1-296) in Blocks 1A and 1B, with approximately 18 homes
remaining for sale.
Location
The subject area is located in a portion of the south area of Saguaro Bloom Block 1,
described as Block 1C of the approved plat.
Request
The owner of the subdivision, D. R. Horton, is requesting a plat revision to reconfigure
the undeveloped southern portion of the Saguaro Bloom Block 1 site, described as
Block 1C on the approved plat. This revision includes the removal of the roadway
Guajillo Lane, changing Baja Ruellia Terrace from a road to a cul-de-sac, reconfiguring
the lots between Cascalote Lane and Guayacan Trail, updating the overall lot count to
account for the new well site in the area and renumbering the 91 lots affected.
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 31 of 119
account for the new well site in the area and renumbering the 91 lots affected.
The revised lots new maximum lot size provided is 15,997 square feet, the new
minimum lot size provided is 5,797 square feet and the new average lot size provided
is 6,668 square feet.
The location of the lots will remain the same along Huisache Trail, the west side
of Cascalote Lane right-of-way and east side of Guayacan Trail right-of way. A well site
has been added between the new lots 344 and 345 located along Guayacan Trial. Two
lots were removed from this area to accommodate for the size of the well, reducing the
total Block 1 lot count to 387 lots. The location of the new cul-de-sac will intersect with
Guayacan Trail and be surrounded by lots and Common Area “A”. Lots were also
added to the west side of Cascalote Lane right-of-way from the intersection with
Guayacan Trail to the rear of Lot 307. The lots that run between these two roadways
and three cul-de-sacs were renumbered in this replating process.
Staff Recommendation:
Staff has reviewed the request against the requirements of the Marana Town Code, the
Saguaro Bloom Specific Plan, and the Marana General Plan. This final plat is in
substantial conformance with all required development regulations and staff
recommends approval.
Suggested Motion:
I move to adopt Resolution No. 2022-037, approving a final plat for Saguaro Bloom
Block 1, Lots 297-387, Common Area “B”, Common Area “C”, and Block 1D.
Attachments
Resolution No. 2022-037
Final Plat
Location Map
Application
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 32 of 119
Resolution No. 2022-037 1 [CLR]
MARANA RESOLUTION NO. 2022-037
RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR SAGUARO BLOOM
BLOCK 1, LOTS 297-387, COMMON AREA “B”, COMMON AREA “C”, AND BLOCK 1D,
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF AIRLINE ROAD AND
LAMBERT LANE
WHEREAS, on April 6, 2004, the Mayor and Town Council adopted Resolution No.
2004-15, approving the final block plat for Saguaro Springs, Book58 Page 23; and
WHEREAS, on November 15, 2005, the Mayor and Town Council adopted Ordinance
No.2005.14, approving a rezoning of the site from “R-144”, “R-36”, “R-6”, and “MH” to
Zone“F” and creating the Saguaro Springs Specific Plan; and
WHEREAS, on January 16, 2018, the Mayor and Town Council adopted Ordinance No.
2018.001, approving anamendmentto the Saguaro Springs Specific Plan and a name change of the
Plan to Saguaro Bloom Specific Plan; and
WHEREAS, on February 20, 2018, the Mayor and Town Council adopted Resolution No.
2018-015, approving the final plat for Saguaro Bloom Block 1, Lots 1-389, Blocks 1A, 1B and
1C, and Common Area “A” (open space, recreation, public utilities, road maintenance and
signage), Common Area “B” (open space, drainage, recreation, public utilities, road
maintenance and signage), and Common Area “C” (open space and recreation), generally
located at the southeast corner of Airline Road and Lambert Lane; and
WHEREAS, D.R. Horton, Arizona, has applied for approval of a final plat for Saguaro
Bloom Block 1, Lots 297-387, Common Area “B” (open space, drainage, recreation, public
utilities, road maintenance and signage), Common Area “C” (open space and recreation), and
Block 1D (well site); and
WHEREAS, THE Marana Town Council, at the regularly scheduled meeting on April 19,
2022, determined that the final plat for Saguaro Bloom Block 1, Lots 297-387, Common Area
“B” (open space, drainage, recreation, public utilities, road maintenance and signage), Common
Area “C” (open space and recreation), and Block 1D (well site) should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona,thatthefinal plat for Saguaro Bloom Block 1, Lots 297-387, Common Area “B”
Common Area “C” and Block 1D , generally located at the southeast cornerof Airline Road and
Lambert Lane is hereby approved.
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 33 of 119
Resolution No. 2022-037 2 [CLR]
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19
th day of April, 2022.
Mayor Ed Honea
ATTEST:
Cherry Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall,Town Attorney
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 34 of 119
A Re-Plat of a Portion of Saguaro Bloom Block 1 Lots 1-389, Common Area "A"
(Open Space, Drainage, Recreation, Public Utilities, Road Maintenance, &
Signage), Common Area "B" (Open Space, Drainage, Recreation, Public Utilites,
Road Maintenance & Signage) Common Area "C" (Open Space & Recreation), &
Blocks 1A, 1B, 1C, as recorded in Sequence No. 20180540069, being a portion
of the West 12 of Section 18, T12S, R12E, G&SRM
Town of Marana, Pima County, Arizona
Sheet No.
of 6
Contour Interval:
Scale:
EPS Project No.16-042.1 Date:04/04/22
REF: PRV-9955, PRV1608-003, PRV1710-001, LPR1704-001 PRV2111-001
w w w . e p s g r o u p i n c . c o m
T:520.408.1400 F:520.408.1403
8710 N. Thornydale Rd, Suite 140
|
Tucson, AZ 85742
SEQUENCE NUMBER SEQUENCE NUMBER Re-Plat for
Saguaro Bloom Block 1
Lots 297 - 387, Common Area "B" (Open Space, Drainage, Recreation, Public
Utilities, Road Maintenance & Signage)
Common Area "C" (Open Space & Recreation), & Block 1D (Well Site)
LAMBERT LN
QUARRY RDLOCATION MAP
PROJECT
LOCATION
TWIN PEAKS RD
LANDS DR SAGUARO SPRINGS BLPIMA COUNTYPIMA COUNTY
PIMA
C
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MAR
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HIGH
MARANASB BLK 3
SB BLK 4
SB BLK 8
SB BLK 7
SB BLK 1
MARANA
SB BLK 2
LEGEND
ABBREVIATIONS
DEDICATION
GENERAL NOTES
ACKNOWLEDGEMENT
ASSURANCES
FP01
1
N/A
CERTIFICATIONS
TOWN OF MARANA APPROVALS
WASTEWATER
§
BASIS OF BEARINGS
ASSURED WATER SUPPLY
RECORDING
SHEET INDEX
BASIS OF ELEVATION
BENEFICIARY OF TRUST
FLOODPLAIN CERTIFICATION
ADMINISTRATIVE ADDRESS:
04/04/2022
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 35 of 119
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(Open Space, Drainage, Recreation, Public Utilities, Road Maintenance, &
Signage), Common Area "B" (Open Space, Drainage, Recreation, Public Utilites,
Road Maintenance & Signage) Common Area "C" (Open Space & Recreation), &
Blocks 1A, 1B, 1C, as recorded in Sequence No. 20180540069, being a portion
of the West 12 of Section 18, T12S, R12E, G&SRM
Town of Marana, Pima County, Arizona
Sheet No.
of 6
Contour Interval:
Scale:
EPS Project No.16-042.1 Date:04/04/22
REF: PRV-9955, PRV1608-003, PRV1710-001, LPR1704-001 PRV2111-001
w w w . e p s g r o u p i n c . c o m
T:520.408.1400 F:520.408.1403
8710 N. Thornydale Rd, Suite 140
|
Tucson, AZ 85742
SEQUENCE NUMBER SEQUENCE NUMBER Re-Plat for
Saguaro Bloom Block 1
Lots 297 - 387, Common Area "B" (Open Space, Drainage, Recreation, Public
Utilities, Road Maintenance & Signage)
Common Area "C" (Open Space & Recreation), & Block 1D (Well Site)
0
Scale: 1"=150'
150
FP02
2
1" = 150'
KEY MAP
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 36 of 119
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)(NEW PUBLIC STREETDEDICATED PER THIS PLAT)A Re-Plat of a Portion of Saguaro Bloom Block 1 Lots 1-389, Common Area "A"
(Open Space, Drainage, Recreation, Public Utilities, Road Maintenance, &
Signage), Common Area "B" (Open Space, Drainage, Recreation, Public Utilites,
Road Maintenance & Signage) Common Area "C" (Open Space & Recreation), &
Blocks 1A, 1B, 1C, as recorded in Sequence No. 20180540069, being a portion
of the West 12 of Section 18, T12S, R12E, G&SRM
Town of Marana, Pima County, Arizona
Sheet No.
of 6
Contour Interval:
Scale:
EPS Project No.16-042.1 Date:04/04/22
REF: PRV-9955, PRV1608-003, PRV1710-001, LPR1704-001 PRV2111-001
w w w . e p s g r o u p i n c . c o m
T:520.408.1400 F:520.408.1403
8710 N. Thornydale Rd, Suite 140
|
Tucson, AZ 85742
SEQUENCE NUMBER SEQUENCE NUMBER Re-Plat for
Saguaro Bloom Block 1
Lots 297 - 387, Common Area "B" (Open Space, Drainage, Recreation, Public
Utilities, Road Maintenance & Signage)
Common Area "C" (Open Space & Recreation), & Block 1D (Well Site)FP03
3
1" = 40'
SCALE FEET
HORIZONTAL: 1"=40'
40 40 800
CONTOUR INTERVAL: 1'
KEYNOTES:
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 37 of 119
N Guayacan Tr.(NEW PUBLIC STREETDEDICATED PER THIS PLAT)W
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A Re-Plat of a Portion of Saguaro Bloom Block 1 Lots 1-389, Common Area "A"
(Open Space, Drainage, Recreation, Public Utilities, Road Maintenance, &
Signage), Common Area "B" (Open Space, Drainage, Recreation, Public Utilites,
Road Maintenance & Signage) Common Area "C" (Open Space & Recreation), &
Blocks 1A, 1B, 1C, as recorded in Sequence No. 20180540069, being a portion
of the West 12 of Section 18, T12S, R12E, G&SRM
Town of Marana, Pima County, Arizona
Sheet No.
of 6
Contour Interval:
Scale:
EPS Project No.16-042.1 Date:04/04/22
REF: PRV-9955, PRV1608-003, PRV1710-001, LPR1704-001 PRV2111-001
w w w . e p s g r o u p i n c . c o m
T:520.408.1400 F:520.408.1403
8710 N. Thornydale Rd, Suite 140
|
Tucson, AZ 85742
SEQUENCE NUMBER SEQUENCE NUMBER Re-Plat for
Saguaro Bloom Block 1
Lots 297 - 387, Common Area "B" (Open Space, Drainage, Recreation, Public
Utilities, Road Maintenance & Signage)
Common Area "C" (Open Space & Recreation), & Block 1D (Well Site)FP04
4
1" = 40'
SCALE FEET
HORIZONTAL: 1"=40'
40 40 800
CONTOUR INTERVAL: 1'
KEYNOTES:
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 38 of 119
367
366
3
4
8
3
4
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329
N Guayaca
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Tr.(NEW
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358
359
360
361
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364
365
CA "B"
CA "B"
354
CA "B"
330
CA "C"
A Re-Plat of a Portion of Saguaro Bloom Block 1 Lots 1-389, Common Area "A"
(Open Space, Drainage, Recreation, Public Utilities, Road Maintenance, &
Signage), Common Area "B" (Open Space, Drainage, Recreation, Public Utilites,
Road Maintenance & Signage) Common Area "C" (Open Space & Recreation), &
Blocks 1A, 1B, 1C, as recorded in Sequence No. 20180540069, being a portion
of the West 12 of Section 18, T12S, R12E, G&SRM
Town of Marana, Pima County, Arizona
Sheet No.
of 6
Contour Interval:
Scale:
EPS Project No.16-042.1 Date:04/04/22
REF: PRV-9955, PRV1608-003, PRV1710-001, LPR1704-001 PRV2111-001
w w w . e p s g r o u p i n c . c o m
T:520.408.1400 F:520.408.1403
8710 N. Thornydale Rd, Suite 140
|
Tucson, AZ 85742
SEQUENCE NUMBER SEQUENCE NUMBER Re-Plat for
Saguaro Bloom Block 1
Lots 297 - 387, Common Area "B" (Open Space, Drainage, Recreation, Public
Utilities, Road Maintenance & Signage)
Common Area "C" (Open Space & Recreation), & Block 1D (Well Site)FP05
5
1" = 40'
SCALE FEET
HORIZONTAL: 1"=40'
40 40 800
CONTOUR INTERVAL: 1'
KEYNOTES:
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 39 of 119
N Cascalote Ln.356355354328329330N Guayacan Tr.N Guayacan Tr.
297
316
3
3
7 W Huisache Tr.W
H
u
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a
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T
r
.30430330630538538
0
379
38
2 383378 38438
1386387 166307308309310311312317 N Cascalote Ln.A Re-Plat of a Portion of Saguaro Bloom Block 1 Lots 1-389, Common Area "A"
(Open Space, Drainage, Recreation, Public Utilities, Road Maintenance, &
Signage), Common Area "B" (Open Space, Drainage, Recreation, Public Utilites,
Road Maintenance & Signage) Common Area "C" (Open Space & Recreation), &
Blocks 1A, 1B, 1C, as recorded in Sequence No. 20180540069, being a portion
of the West 12 of Section 18, T12S, R12E, G&SRM
Town of Marana, Pima County, Arizona
Sheet No.
of 6
Contour Interval:
Scale:
EPS Project No.16-042.1 Date:04/04/22
REF: PRV-9955, PRV1608-003, PRV1710-001, LPR1704-001 PRV2111-001
w w w . e p s g r o u p i n c . c o m
T:520.408.1400 F:520.408.1403
8710 N. Thornydale Rd, Suite 140
|
Tucson, AZ 85742
SEQUENCE NUMBER SEQUENCE NUMBER Re-Plat for
Saguaro Bloom Block 1
Lots 297 - 387, Common Area "B" (Open Space, Drainage, Recreation, Public
Utilities, Road Maintenance & Signage)
Common Area "C" (Open Space & Recreation), & Block 1D (Well Site)FP06
6
1" = 50'
SITE VISIBILITY EASEMENT DETAIL
1" = 50'
SITE VISIBILITY EASEMENT DETAIL
1" = 50'
SITE VISIBILITY EASEMENT DETAIL
1" = 50'
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 40 of 119
Data Disclaimer: The Town of Marana provides this map information"As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Maranabecome liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data.
°
SubjectProperty
Lambert Lane
HAPPY ACRES
BLOCK 7B
BLOCK 4
BLOCK 8A
BLOCK 3BLOCK 2 Quarry RoadTwin Peaks Road
W. Avra Valley Road
Saguaro Peak Blvd.BLOCK 8B
BLOCK 7C
BLOCK 7AState of AZ
AZ PortlandCement
BLOCK 1
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 41 of 119
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 42 of 119
Council-Regular Meeting C6
Meeting Date:04/19/2022
To:Mayor and Council
Submitted For:Fausto Burruel, Public Works Deputy Director
From:Jane Fairall, Town Attorney
Date:April 19, 2022
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
PRINCIPLE STATEMENT 1 - WE WILL MAINTAIN A SAFE AND WELL-MANAGED
COMMUNITY.
Subject:Resolution No. 2022-038: Relating to Public Works; approving and
authorizing the Mayor to execute an Intergovernmental Agreement
between the State of Arizona and the Town of Marana for design,
construction, and installation of a traffic signal at the intersection of
Dove Mountain Boulevard and Moore Road (Fausto Burruel)
Discussion:
In 2019, the Town of Marana submitted for and was successful in obtaining Highway
Safety Improvement Program (HSIP) funds for the design and construction of a traffic
signal at the intersection of Dove Mountain Blvd/Moore Road, an existing All-Way
STOP controlled location. HSIP is a Federal Highway Administration federal-aid
program with the goal of significantly reducing traffic fatalities and serious injuries on
public roadways. The HSIP funds are currently programmed for FY23 and FY24 for
design and construction, respectively, and will cover 100% of both design and
construction costs.
HSIP funds are federal and require the Town of Marana to partner with a sponsor
agency capable of administering federal funds on the Town’s behalf. For this project,
the Town will be sponsored by the Arizona Department of Transportation (ADOT) and
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 43 of 119
all facets of project management, design, and construction will be administered
through ADOT. The Town’s role will be that of a stakeholder and Marana staff will
actively participate in the project.
The Dove Mountain Blvd/Moore Road Traffic Signal project has both a Federal ID
Number: MRN-0(207)T and an ADOT Project Number: T0342 (sub-phases
01D/03D/01C) and has been assigned to an ADOT Project Manager. The
Intergovernmental Agreement (IGA) has been initiated and reviewed with the next
step being the execution of the IGA.
Financial Impact:
The Project cost, shown in Exhibit A to the IGA, is estimated at $740,250.00, which is
eligible for 100% Highway Safety Improvement Program (HSIP) federal funding. If
actual costs of design and construction exceed estimate costs, the Town will be
responsible for the difference. Additionally, the Town will be responsible for costs, if
any, that are not covered by federal funding. Budget appropriation for the project has
been programmed in FY2022 and FY2023.
Staff Recommendation:
Staff recommends approval of the IGA.
Suggested Motion:
I move to adopt Resolution No. 2022-038, approving and authorizing the Mayor to
execute an intergovernmental agreement between the State of Arizona and the Town of
Marana for design, construction, and installation of a traffic signal at the intersection of
Dove Mountain Boulevard and Moore Road.
Attachments
Resolution No. 2022-038
Exhibit A - ADOT IGA
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 44 of 119
00080332.DOCX /1
Resolution No. 2021-038 - 1 -
MARANA RESOLUTION NO. 2022-038
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF
ARIZONA AND THE TOWN OF MARANA FOR DESIGN, CONSTRUCTION, AND
INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF DOVE
MOUNTAIN BOULEVARD AND MOORE ROAD
WHEREAS in 2019, the Town of Marana submitted for and was successful in
obtaining Highway Safety Improvement Program (HSIP) funds for the design and
construction of a traffic signal at the intersection of Dove Mountain Blvd and Moore
Road; and
WHEREAS HSIP is a Federal Highway Administration federal-aid program with
the goal of significantly reducing traffic fatalities and serious injuries on public roadways;
and
WHEREAS HSIP funds require the Town of Marana to partner with a sponsor
agency capable of administering federal funds on the Town’s behalf; and
WHEREAS for this project, the Town will be sponsored by the Arizona
Department of Transportation (ADOT) and all facets of project management, design, and
construction will be administered through ADOT pursuant to an interngovernmental
agreement (IGA) between the Town and ADOT; and
WHEREAS the Town is empowered by A.R.S. §§ 9-240 and 11-952 to enter into
this IGA; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best
interests of the citizens of Marana to enter into the IGA addressed by this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, that the intergovernmental agreement between the State of
Arizona by and through its Department of Transportation and the Town of Marana for
design, construction, and installation of a traffic signal at the intersection of Dove
Mountain Boulevard and Moore Road in substantially the form set forth on Exhibit A
attached to and incorporated within this resolution by this reference is hereby approved,
and the Mayor is authorized to execute it for and on behalf of the Town of Marana.
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 45 of 119
00080332.DOCX /1
Resolution No. 2021-038 - 2 -
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations, conditions and objectives of the IGA.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of April 2022.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 46 of 119
Page 1 of 10
ADOT CAR No.: IGA 22-0008492-I
AG Contract No.: P001 2022 000524
Project Location/Name: Dove Mountain
Blvd & Moore Road
Type of Work: Install Traffic Signal
Federal-aid No.: HSIP-MRN-0(207)T
ADOT Project No.: T0342 01D 03D 01C
TIP/STIP No.: 32.21
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: HSIP
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF MARANA
THIS AGREEMENT (“Agreement”) is entered into this date ________________________________, pursuant
to the Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the
STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “State” or
“ADOT”) and the TOWN OF MARANA, an Arizona municipal corporation (the “Town”). The State
and the Town are each individually referred to as a “Party” and are collectively referred to as the
“Parties.”
I.RECITALS
1.The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated
to the undersigned the authority to execute this Agreement on behalf of the State.
2.The Town is empowered by A.R.S. § 9-240 to enter into this Agreement and has by
resolution, a copy of which is attached and made a part of, resolved to enter into this
Agreement and has authorized the undersigned to execute this Agreement on behalf of the
Town.
3.The work proposed under this Agreement consists of the design construction, and
installation of a traffic signal at the intersection of Dove Mountain Boulevard and Moore
Road/N. Heritage Gateway Avenue (the “Project”). The Project cost, shown in Exhibit A, is
estimated at $740,250.00, which is eligible for 100% Highway Safety Improvement Program
(HSIP) federal funding. The State will administer the design and advertise, bid and award,
and administer the construction phase of the Project.
4.The interest of the State in this Project is the acquisition of federal funds for the use and
benefit of the Town and authorization of such federal funds for the Project pursuant to
federal law and regulations. The State shall be the designated agent for the Town for the
Project, if the Project is approved by Federal Highway Administration (FHWA) and funds for
the Project are available.
Exhibit A to Marana Resolution No. 2022-038
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 47 of 119
IGA 22-0008492-I
Page 2 of 10
THEREFORE, the Recitals set forth above and Exhibit A, attached hereto and made part hereof, are
incorporated into this Agreement and in consideration of the mutual terms expressed herein, it is
agreed as follows:
II.SCOPE OF WORK
1. The Parties agree:
a.The Project will be completed, accepted, and paid for in accordance with the
requirements of the Project plans and specifications.
b.The final Project amount may exceed the initial estimate(s) identified in Exhibit A, and
in such case, the Town is responsible for, and agrees to pay, any and all actual costs
exceeding the initial estimate. If the final Project amount is less than the initial estimate,
the difference between the final bid amount and the initial estimate will be de-obligated
or otherwise released from the Project and returned to the Pima Association of
Governments. The Town acknowledges it remains responsible for actual costs and
agrees to pay according to the terms of this Agreement.
c.The Town and ADOT will each separately file a Notice of Intent (NOI) under the
Construction General Permit (CGP) with the Arizona Department of Environmental
Quality (ADEQ) before construction begins, if applicable to the Project.
2. The State will:
a.Execute this Agreement, and if the Project is approved by FHWA and funds for the
Project are available, be the Town's designated agent for the Project.
b.If Project Development Administration (PDA) costs exceed the estimate during the
development of design, notify the Town, obtain concurrence prior to continuing with
the development of design, and invoice as determined by ADOT and the Town for
additional costs to complete PDA for the Project. After the Project costs are finalized,
invoice or reimburse the Town for the difference between actual costs and the amount
the Town has already paid for PDA.
c.Prepare and provide all documents pertaining to the design and post-design of the
Project, incorporating comments from the Town, as appropriate. Review and approve
documents required by FHWA to qualify the Project for and to receive federal funds.
Perform tasks that may consist of, but are not limited to, preparation of environmental
documents; analysis and documentation of environmental categorical exclusion
determinations; geologic materials testing and analysis; right of way related activities;
preparation of reports, design plans, maps, specifications and cost estimates and other
related tasks essential to the design development of the Project.
d.Submit all required documentation pertaining to the Project to FHWA with the
recommendation that the maximum federal funds programmed for this Project be
approved for scoping/design. After receipt of FHWA authorization, proceed to advertise
for and enter into contract(s) with the consultant(s) for the design and post-design of
Exhibit A to Marana Resolution No. 2022-038
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 48 of 119
IGA 22-0008492-I
Page 3 of 10
the Project. Should costs exceed the maximum federal funds available, it is understood
and agreed that the Town will be responsible for any overage.
e. After completion of design, and receipt of actual PDA costs, if applicable, submit all
required documentation to FHWA with the recommendation that the maximum federal
funds programmed for construction of this Project be approved. Should costs exceed the
maximum federal funds available, it is understood and agreed that the Town will be
responsible for any overage.
f. After receipt of FHWA authorization, proceed to advertise for, receive and open bids
award and enter into a contract with the firm for the construction of the Project. If the
bid amounts exceed the construction cost estimate, obtain Town concurrence prior to
awarding the contract. After the Project is awarded, invoice the Town for the difference
between estimated and actual costs, if applicable.
g. Notify the Town of completion and final acceptance of the Project. At such time, file a
Notice of Termination (NOT) with ADEQ transferring CGP responsibilities to the Town,
and provide a copy to the Town indicating that the State’s maintenance responsibility of
the Project is terminated, as applicable.
h. Notify the Town of completion and final acceptance of the Project; coordinate with the
Town and turn over full responsibility of the Project improvements.
i. Not be obligated to maintain the Project, should the Town fail to budget or provide for
proper and perpetual maintenance as set forth in this Agreement.
3. The Town will:
a. Designate the State as the Town's authorized agent for the Project.
b. Agree to be responsible for actual PDA costs, if during the development of design, PDA
costs exceed the initial estimate. Be responsible for the difference between the
estimated and actual PDA and design costs of the Project.
c. Review design plans, specifications, cost estimates and other such documents required
for the construction bidding and construction of the Project, including scoping/design
plans and documents required by FHWA to qualify projects for and to receive federal
funds; provide design review comments to the State as appropriate.
d. Be responsible for and pay the difference between the estimated and actual
construction costs of the Project, within 30 days of receipt of an invoice.
e. Be responsible for all costs incurred in performing and accomplishing the work as set
forth under this Agreement, that are not covered by federal funding. Should costs be
deemed ineligible or exceed the maximum federal funds available, it is understood and
agreed that the Town is responsible for these costs; payment for these costs shall be
made within 30 days of receipt of an invoice from the State.
Exhibit A to Marana Resolution No. 2022-038
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 49 of 119
IGA 22-0008492-I
Page 4 of 10
f. Certify that all necessary rights of way have been or will be acquired prior to
advertisement for bid and also certify that all obstructions or unauthorized
encroachments of whatever nature, either above or below the surface of the Project
area, shall be removed from the proposed right of way, or will be removed prior to the
start of construction, in accordance with The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition
Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and
ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions,
9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the
appropriate State’s Right of Way personnel during any right of way process performed
by the Town, if applicable.
g. Certify that the Town has adequate resources to discharge the Town’s real property
related responsibilities and ensures that its Title 23-funded projects are carried out
using the FHWA approved and certified ADOT Right of Way Procedures Manual and that
they will comply with current FHWA requirements whether or not the requirements are
included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR
710.201)
h. Not permit or allow any encroachments on or private use of the right of way, except
those authorized by permit. In the event of any unauthorized encroachment or
improper use, the Town shall take all necessary steps to remove or prevent any such
encroachment or use. Provide a copy of encroachment permits issued within the Project
limits to the State.
i. Automatically grant to the State, by execution of this Agreement, its agents and/or
contractors, without cost, the temporary right to enter Town rights of way, as required,
to conduct any and all construction and preconstruction related activities for the
Project, on, to and over said Town rights of way. This temporary right will expire with
completion of the Project.
j. Investigate and document utilities within the Project limits; submit findings to ADOT
determining prior rights or no prior rights; approve an easement within the final right
of way to re-establish the prior right location for those utilities with prior rights.
k. Be obligated to incur any expenditure should unforeseen conditions or circumstances
increase Project costs. Be responsible for the cost of any Town requested changes to the
scope of work of the Project, such changes will require State and FHWA approval. Be
responsible for any contractor claims for additional compensation caused by Project
delay attributable to the Town. Payment for these costs will be made to the State within
30 days of receipt of an invoice from the State.
l. After notification of final acceptance by the State, assume and maintain full
responsibility of the Project, including Storm Water Pollution Prevention Plans (SWPPP)
inspections, maintenance, and required documentation, until final stabilization is
reached. Provide the NOI number to the State and the Contractor, accept CGP
responsibilities at time of transfer, and file an NOT with ADEQ when final stabilization is
reached, as applicable.
Exhibit A to Marana Resolution No. 2022-038
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April 19, 2022
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IGA 22-0008492-I
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m. After completion and final acceptance of the Project, agree to maintain and assume full
responsibility of the Project and all Project components.
III. MISCELLANEOUS PROVISIONS
1. Effective Date. This Agreement shall become effective upon signing and dating of all Parties.
2. Amendments. Any change or modification to the Project will only occur with the mutual
written consent of both Parties.
3. Duration. The terms, conditions and provisions of this Agreement shall remain in full force
and effect until completion of the Project and all related deposits and/or reimbursements
are made. Any and all obligations of maintenance hereunder shall remain perpetual and
shall survive any termination hereof and the assignment or assumption of this Agreement
or the Project by another competent jurisdiction or entity.
4. Cancellation. This Agreement may be cancelled at any time up to 30 days before the award
of the Project contract, so long as the cancelling Party provides at least 30 days’ prior
written notice to the other Party. It is understood and agreed that, in the event the Town
terminates this Agreement, the Town shall be responsible for all costs incurred by the State
up to the time of termination. It is further understood and agreed that in the event the Town
terminates this Agreement, the State shall in no way be obligated to complete or maintain
the Project.
5. Indemnification. The Town shall indemnify, defend, and hold harmless the State, any of its
departments, agencies, officers or employees (collectively referred to in this paragraph as
the “State”) from any and all claims, demands, suits, actions, proceedings, loss, cost and
damages of every kind and description, including reasonable attorneys' fees and/or
litigation expenses (collectively referred to in this paragraph as the “Claims”), which may be
brought or made against or incurred by the State on account of loss of or damage to any
property or for injuries to or death of any person, to the extent caused by, arising out of, or
contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or
negligence of the Town, its employees, officers, directors, agents, representatives, or
contractors, their employees, agents, or representatives in connection with or incident to
the performance of this Agreement. The Town’s obligations under this paragraph shall not
extend to any Claims to the extent caused by the negligence of the State, except the
obligation does apply to any negligence of the Town which may be legally imputed to the
State by virtue of the State’s ownership or possession of land. The Town’s obligations under
this paragraph shall survive the termination of this Agreement.
6. Third-Party Indemnification. The State shall include Section 107.13 of the 2021 version of
the Arizona Department of Transportation Standard Specifications for Road and Bridge
Construction, incorporated into this Agreement by reference, in the State’s contract with
any and all contractors, of which the Town shall be specifically named as a third-party
beneficiary. This provision may not be amended without the approval of the Town.
7. Programmed Federal Funds. The cost of scoping, design, construction and construction
engineering work under this Agreement is to be covered by the federal funds programmed
for this Project, up to the maximum available. The Town acknowledges that actual Project
Exhibit A to Marana Resolution No. 2022-038
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 51 of 119
IGA 22-0008492-I
Page 6 of 10
costs may exceed the maximum available amount of federal funds, or that certain costs may
not be accepted by FHWA as eligible for federal funds. Therefore, the Town agrees to pay
the difference between actual costs of the Project and the federal funds received.
8. Termination of Federal Funding. Should the federal funding related to this Project be
terminated or reduced by the federal government, or Congress rescinds, fails to renew, or
otherwise reduces apportionments or obligation authority, the State shall in no way be
obligated for funding or liable for any past, current or future expenses under this
Agreement.
9. Indirect Costs. The cost of the Project under this Agreement includes indirect costs
approved by FHWA, as applicable.
10. Federal Funding Accountability and Transparency Act. The Parties warrant compliance with
the Federal Funding Accountability and Transparency Act of 2006 and associated 2008
Amendments (the “Act”). Additionally, in a timely manner, the Town will provide
information that is requested by the State to enable the State to comply with the
requirements of the Act, as may be applicable.
11. Title VI. The Town acknowledges and will comply with Title VI of the Civil Rights Act Of
1964.
12. Single Audit. The Town acknowledges compliance with federal laws and regulations and
may be subject to the CODE OF FEDERAL REGULATIONS, TITLE 2, PART 200 (also known as
The Uniform Grant Guidance). Entities that expend $750,000.00 or more (on or after
12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are
required to comply by having an independent audit in accordance with §200.331 Subpart F.
Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of
Transportation Financial Management Services within the required deadline of nine months
of the sub recipient fiscal year end.
ADOT – FMS
Attn: Cost Accounting Administrator
206 S 17th Ave. Mail Drop 204B
Phoenix, AZ 85007
SingleAudit@azdot.gov
13. Federal Funds Repayment. Pursuant to 23 USC 102(b), the Town will repay all federal
funds reimbursements for preliminary engineering costs on the Project if it does not
advance to right of way acquisition or construction within 10 years after federal funds were
first made available.
14. Governing Law. This Agreement shall be governed by and construed in accordance with
Arizona laws.
15. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
Exhibit A to Marana Resolution No. 2022-038
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 52 of 119
IGA 22-0008492-I
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16. Inspection and Audit. The Town shall retain all books, accounts, reports, files and other
records relating to this Agreement which shall be subject at all reasonable times to
inspection and audit by the State for five years after completion of the Project. Such records
shall be produced by the Town, electronically or at the State office as set forth in this
Agreement, at the request of ADOT.
17. Non-Discrimination. This Agreement is subject to all applicable provisions of the Americans
with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement
shall comply with Executive Order Number 2009-09 issued by the Governor of the State of
Arizona and incorporated in this Agreement by reference regarding “Non-Discrimination.”
18. Non-Availability of Funds. Every obligation of the Parties under this Agreement is
conditioned upon the availability of funds appropriated or allocated for the fulfillment of
such obligations. If funds are not allocated and available for the continuance of this
Agreement, this Agreement may be terminated by either Party at the end of the period for
which the funds are available. No liability shall accrue to either Party in the event this
provision is exercised, and the Parties shall not be obligated or liable for any future
payments as a result of termination under this paragraph.
19. Arbitration. In the event of any controversy, which may arise out of this Agreement, the
Parties agree to abide by arbitration as is set forth for public works contracts if required by
A.R.S. § 12-1518.
20. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.
21. Anti-Israel Boycott Act. The Parties shall certify that all contractors comply with the
applicable requirements of A.R.S. §35-393.01.
22. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations
and ordinances, as may be amended.
23. Notices. All notices or demands upon any Party to this Agreement shall be in writing and
shall be delivered electronically, in person, or sent by mail, addressed as follows:
For Agreement Administration:
Arizona Department of Transportation
Joint Project Agreement Group
205 S. 17th Avenue, Mail Drop 637E
Phoenix, AZ 85007
JPABranch@azdot.gov
For Project Administration:
Arizona Department of Transportation
Project Management Group
205 S. 17th Avenue, Mail Drop 614E
Phoenix, AZ 85007
PMG@azdot.gov
Town of Marana
Attn: Jane Fairall
11555 W Civic Center Dr
Marana, AZ 85653
520.382.1941
jfairall@maranaaz.gov
Town of Marana
Attn: Fausto Burruel
11555 W Civic Center Dr
Marana, AZ 85653
520.382.1960
fburruel@maranaaz.gov
Exhibit A to Marana Resolution No. 2022-038
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April 19, 2022
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IGA 22-0008492-I
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24. Revisions to Contacts. Any revisions to the names and addresses above may be updated
administratively by either Party and shall be in writing.
25. Legal Counsel Approval. In accordance with A.R.S. § 11-952 (D), the written determination
of each Party’s legal counsel providing that the Parties are authorized under the laws of this
State to enter into this Agreement and that the Agreement is in proper form is set forth
below.
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the signing
and dating of all Parties.
TOWN OF MARANA
By ______________________________Date___________
ED HONEA
Mayor
ATTEST:
By ______________________________ Date___________
CHERRY L. LAWSON
Town Clerk
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF
MARANA, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§
11-951 through 11-954 and A.R.S. § 9-240 and declare this Agreement to be in proper form and
within the powers and authority granted to the Town under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement. Approved
as to Form:
By ______________________________ Date___________
Town Attorney
Exhibit A to Marana Resolution No. 2022-038
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April 19, 2022
Page 54 of 119
IGA 22-0008492-I
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ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________ Date___________
STEVE BOSCHEN, PE
Division Director
By ______________________________ Date___________
BRENT A. CAIN, PE
Division Director
A.G. Contract No. P001 2022 000524 (ADOT IGA 22-0008492-I), an Agreement between public
agencies, the State of Arizona and the Town of Marana, has been reviewed pursuant to A.R.S.
§§ 11-951 through 11-954 and A.R.S. § 28-401, by the undersigned Assistant Attorney General
who has determined that it is in the proper form and is within the powers and authority
granted to the State of Arizona. No opinion is expressed as to the authority of the remaining
Parties, other than the State or its agencies, to enter into said Agreement.
By _____________________________________ Date___________
Assistant Attorney General
Exhibit A to Marana Resolution No. 2022-038
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April 19, 2022
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IGA 22-0008492-I
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EXHIBIT A
Cost Estimate
T0342 01D/03D/01C
The Project costs are estimated as follows:
ADOT Project Development Administration (PDA) Cost
Federal-aid funds @ 100% $ 30,000.00
Scoping/Design:
Federal-aid funds @ 100% $ 159,000.00
Construction:*
Federal-aid funds @ 100% $ 551,250.00
Estimated TOTAL Project Cost $ 740,250.00
* (Includes 15% construction engineering (CE) and administration cost (this percentage is
subject to change, any change will require concurrence from the Town) and 5% Project
contingencies)
Exhibit A to Marana Resolution No. 2022-038
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 56 of 119
Council-Regular Meeting C7
Meeting Date:04/19/2022
To:Mayor and Council
From:Cherry L. Lawson, Town Clerk
Date:April 19, 2022
Subject:Approval of the Council Regular Meeting Summary Minutes of April 5, 2022
and the Council Study Session Meeting Summary Minutes of March 22, 2022
(Cherry L. Lawson)
Attachments
Regular Council Meeting Summary Minutes, 04/05/2022
Council Study Session Meeting Summary Minutes, 03/22/2022
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Marana Regular Council Meeting
Summary Minutes
April 5, 2022
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, April 5, 2022, 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 (Excused), and Herb Kai.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Vice Mayor Post, moved and Council Member Ziegler second the motion approving the
agenda as presented. Motion passes, 6-0.
CALL TO THE PUBLIC
PROCLAMATIONS
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PR1 Proclamation recognizing April 12, 2022 as, "Education and Sharing Day,
Marana" (Cherry L. Lawson)
PR2 Proclamation honoring and recognizing Town Engineer Keith Brann (Cherry L.
Lawson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
Town Manager Terry Rozema reported on the following:
Single-family residential permits issued for March, 142;
o To date, Development Services has issued 1,096 SFR permits.
Splash Pads are open at the Crossroad and Heritage Parks, and are opened from
8 a.m. to 7 p.m. daily.
Update on the Community Center
o Location selected
o Funding secured
o Project Manager on board
o Architect pre-bid meeting was held 29 interested individuals attended.
Bid closed on April 5, and interviews will occur in mid-May.
He attended the Little League Opening Ceremonies and threw out the first pitch.
Gladden Farms Community Park Soccer Fields are nearly completed, with a
planned grand opening of June 10 scheduled.
The State of the Town Address is scheduled for April 14, 2022 at the Ritz Carlton
Dove Mountain and is sold out.
PRESENTATIONS
CONSENT AGENDA
C1 Resolution No. 2022-028: Relating to Development; approving a release of
assurances for Gladden Farms Block 27 Phase 2 Lots 82 through 173 and accepting
public improvements for maintenance (Jason Angell)
C2 Resolution No. 2022-029: Relating to Development; approving the final plat for
Scenic Estates, Lots 1-4 and Common Area "A" (Open Space) located west of Scenic
Drive and south of Pima Farms Road within Section 29, Township 12 South and Range
12 East (Brian D. Varney)
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C3 Resolution No. 2022-030: Relating to Administration; rescinding
Marana Resolution No. 2011-36 which approved a revised social media use
administrative directive for Town of Marana employees and elected and appointed
officials (Jane Fairall)
C4 Resolution No. 2022-031: Relating to Utilities; approving and authorizing the
Mayor to sign an Agreement for Construction of Water Facilities Under Private
Contract for Silverbell Gateway Distribution Center (David L. Udall)
C5 Approval of the Regular Council Meeting Summary Minutes of March 15, 2022
(Cherry L Lawson)
Council Member Kai moved and Council Member Ziegler second the motion approving
the Consent Agenda as presented. Motion passes, 6-0.
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 Resolution No. 2022-032: Relating to Public Works; authorizing Town staff and
representatives to acquire, by negotiations or condemnation, lands and property rights
needed for the following Town of Marana projects: Twin Peaks Rattlesnake Pass
Improvements (ST073), North Marana Sewer Interceptor Project (WR021), and East
Tangerine Segment 1 Pipeline Upsizing Project (WT053) (George Cardieri)
Real Property Manager George Cardieri provided an overview of this item explaining
to Mayor and Council the history and purpose of eminent domain as it relates to the
government sector as well as the property owner, as well as the steps to be taken in
acquiring the properties presented in order to move forward with the intended CIP
projects.
Council Member Ziegler thanked Mr. Cardieri for presenting the item as well as the
history and purpose of eminent domain. She inquired as to the timeline for the Tangerine
Pipeline projects.Deputy Town Manager Erik Montague replied stating it is the
waterline on the eastern portion of Tangerine from the interchange. That project is
anticipated at 30% design currently and is anticipated to lead the actual road
construction. That project will likely go before the road construction is done.Council
Member Ziegler asked when the acquisition would occur with the properties listed. Mr.
Montague stated that he does not have the specific information on the acquisition
process.
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Council Member Kai moved and Vice Mayor Post second the motion to adopt Resolution No.
2022-032, authorizing Town staff to acquire property rights needed for the three public works
projects. Motion passes, 6-0.
A2 Resolution No. 2022-033: Relating to Real Estate; approving and authorizing the
Town Engineer to execute a Temporary Construction Easement granting the Arizona
Department of Transportation a temporary construction easement in the Town's public
right-of-way on Orange Grove Road, both east and west of Interstate 10 (George
Cardieri)
Mr. Cardieri provided an overview of the Temporary Construction Easement stating
Arizona Department of Transportation will be improving Interstate 10 from Ina Road to
Ruthrauff Road. The project is mainly installing an additional travel lane in each
direction. The project will increase roadway capacity, improve operational efficiency,
implement components of the regional transportation plan and address existing roadway
deficiencies to enhance safety for the traveling public. As part of this project. ADOT will
be reconfiguring the underpass at Orange Grove.
Additionally, ADOT will lower it actually to accommodate larger vehicles, and they need
to enter into the Town’s right-of-way, as they have requested a Temporary Construction
Easement from the town. Most of the construction will occur in ADOT’s right-of-way.
However, on Orange Grove both east and west of the Interstate, they need to enter into
Marana’s right-of-way temporarily on the west side of I-10. In addition, ADOT will do
some reconfiguration of the tie in improvements from the on and off ramp. The Town
will end up with some new curb, new asphalt, and some new improvements there.
Council Member Ziegler moved and Vice Mayor Post second the motion to adopt Resolution
No. 2022-033, authorizing the Town Engineer to execute the Temporary Construction
Easement as requested by ADOT for the Interstate 10 Reconstruction between Ruthrauff and
Ina Roads. Motion passes, 6-0.
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1. Relating to Budget; discussion, direction, and possible action regarding
development of the fiscal year 2022/2023 budget, including proposed budget initiatives
and expenditures (Terry Rozema)
No updates provided.
D2. 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)
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Development Services Director Jason Angell provided an overview of the development
activities in the Marana community.
D3 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 provided an update on the following legislative actions:
HB 2688, which allows appropriation of $20M from the General Fund, the
State General Fund to State Aviation Fund for the Department of
Transportation.The Town is supporting this bill.
HB 2701 TPT Prime Contracting; Tax Base. This bill would reduce the
contracting portion of construction sales tax from 65% of gross costs to 60% in
FY23 and then 55% in FY24. The Town currently opposes this bill as written.
HB 2749, TPT Prim Contracting; Exemption; Alterations. The bill would modify
the definitions of “modifications” and “alteration” for computing the tax base
for the prime contracting classification of transaction privilege taxes. The Town
currently opposes this bill a written.
SB 1581 S/E, Housing Grants; Homelessness; Camping; Appropriation. This
bill-awaiting house rules at this time. The Housing Department is authorized
to disperse grants to a county or municipality or a consortium of counties and
municipalities to establish sanctions of a camping sites for homeless
individuals. It establishes requirements for grant eligibility including the
camping site must provide sanitary facilities and potable water and must set
low barriers to entry. The Town has not weighed in on this bill.
The committee hearings for the sessions are over except for budget bills and
any measures that may be introduced in special session.
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).
[6:54 PM Minutes:] Mayor Honea asked for a motion to go into an Executive Session
Meeting for the purpose stated in Item E2.
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Vice Mayor Post, moved and Council Member Ziegler second the motion to enter into
an Executive Session for the purpose stated in Item E2. Motion passes, 6-0.
E2. Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion and
consultation with and instructions to the Town’s attorneys regarding the pending
litigation entitled Town of Marana v. Pulte Home Company, LLC, Pima County
Superior Court Case No. C20205095.
[7:17 PM Minutes:] Mayor Honea resumed the meeting.
Mayor Honea asked for a motion to from the executive session meeting.Town
Attorney Jane Fairall asked if Council could direct Town staff to proceed with the
directions as discussed during the Executive Session.
Council Member Comerford moved and Vice Mayor Post second the motion to
direct Town staff as discussed during the Executive Session Meeting. Motion
passes, 6-0.
FUTURE AGENDA ITEMS
Notwithstanding the Mayor’s discretion regarding the items to be placed on the
agenda, if three or more Council members request that an item be placed on the agenda,
it must be placed on the agenda for the second regular Town Council meeting after the
date of the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Vice Mayor Post, moved and Council Member Kai second the motion to adjourn
the meeting. Motion passes unanimously, 7-0. Meeting adjourned at 7:19 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana
Town Council meeting held on April 5, 2022. I further certify that a quorum was
present.
________________________________________
Cherry L. Lawson, Town Clerk
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Marana Study Session Meeting
Summary Minutes
March 22, 2022, Page 1 of 3
MARANA TOWN COUNCIL
STUDY SESSION
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, March 22, 2022, 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 (Excused), Council Members: Jackie
Craig, Patti Comerford, Roxanne Ziegler, John Officer, and Herb Kai (Excused).
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Council Member Ziegler moved and Council Member Officer second the motion
approving the agenda as presented. Motion passes, 5-0.
DISCUSSION/DIRECTION/POSSIBLE ACTION
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Marana Study Session Meeting
Summary Minutes
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D1 Relating to Public Works; presentation, discussion, and possible direction
regarding the draft Town of Marana Five-Year Capital Improvement Program for Fiscal
Years 2023 through 2027 (Mo El-Ali, Jim Conroy, and Jing Luo)
(A copy of the full presentation is on file in the Town Clerk’s Office for review upon request.)
Public Works Director Mo El-Ali reviewed each of the projects within the proposed
Capital Improvement Plan and addressed questions posed by the Mayor and Council
Members. Projects that would be covered out of the General Fund.
Parks & Recreation Director Jim Conroy provided an overview of the projects proposed
within the Capital Improvement Program and addressed questions and concerns
presented by the Mayor and Council.
Water Director Jing Luo reviewed projects proposed of the Water Department some of
which are more urgent than other projects. Ms. Luo answered questions and concerns
expressed by the Mayor and Council related to the proposed projects discussed.
No motion was provided by the Council, as Council provided direction to Town staff.
D2 Relating to Boards, Commissions and Committees; selecting three potential
topics for the Marana Citizens' Forum Spring 2022 session (Andrea Caicedo)
Assistant to the Town Manager Andrea Caicedo provided a brief background of the five
topics for Council consideration for selection of a potential topic for the Marana Citizens’
Forum to review. She provided a handout to Mayor and Council to select from the matrix
its’ top three of the five proposed topics for the Forum Members to provide feedback to
the Town Council at the conclusion of the Spring 2022 Forum.
No motion was provided for this item.
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
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Marana Study Session Meeting
Summary Minutes
March 22, 2022, Page 3 of 3
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 Kai second the motion to adjourn
the meeting. Motion passes unanimously, 5-0. Meeting adjourned at 8:24 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana
Town Council meeting held on March 22, 2022. I further certify that a quorum was
present.
________________________________________
Cherry L. Lawson, Town Clerk
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Council-Regular Meeting L1
Meeting Date:04/19/2022
To:Mayor and Council
Submitted For:Cherry L. Lawson, Town Clerk
From:Nolette Hernandez, Records Clerk
Date:April 19, 2022
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
Leverage the Town’s coordinating capability to facilitate enhanced customer
interaction with multiple governmental and external agencies.
1.
a. Ensure Marana residents and business owners experience excellent
customer service interactions.
Subject:Relating to Liquor Licenses; recommendation to the Arizona
Department of Liquor Licenses and Control regarding an application
for a new series #010 Beer and Wine Store Liquor License submitted by
Perry Charles Huellmantel on behalf of QuikTrip #1474, located at 6555
West Twin Peaks Road, Tucson, AZ 85742 (Cherry L. Lawson)
Discussion:
This application is for a new series #010 Beer and Wine Store liquor license at QuikTrip
#1474, located at 6555 West Twin Peaks Road Tucson, AZ 85742.
Pursuant to state law, the application was posted at the premises where the business is
to be conducted. The posted notice provided that residents within a one-mile radius
from the premises may file written arguments in favor of or opposed to the issuance of
the license with the Town Clerk’s Office within 20 days of the posting. Any written
arguments received by the Clerk’s Office for or against the proposed liquor license are
attached to this item and will be submitted to the Department of Liquor Licenses and
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Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in
compliance with zoning, building and other legal requirements for the business.
Additionally, the Marana Police Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the
application within 60 days after filing of the application. Pursuant to state statute, a
license will only be issued after a satisfactory showing of the capability, qualifications
and reliability of the applicant and “in all proceedings before the town council, the
applicant bears the burden of showing that the public convenience requires and that
the best interests of the community will be substantially served by the issuance of a
license.”
If the Council’s recommendation is for disapproval, the order must include an
attachment stating the specific reasons for the recommendation of disapproval and
include a summary of the testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place,
unless the director of the DLLC, the Liquor Board or a resident within a one-mile
radius from the premises requests a hearing. If the Council enters an order
recommending disapproval of the application, or if the director, board or a resident
within a one-mile radius from the premises requests a hearing, then the state board will
hold a hearing regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or
opposed to the granting of the license. The decision of the board to either grant or
deny an application will normally take place within 105 days after the application has
been filed, unless the director of the DLLC deems it necessary to extend the time
period.
Staff Recommendation:
Town staff recommends that an order recommending approval be submitted to the
DLLC for this liquor license application.
Suggested Motion:
OPTION 1: I move to approve and submit to the DLLC an order recommending
approval of an application for a new series #010 Beer and Wine Store liquor license
submitted by Perry Charles Huellmantel on behalf of QuikTrip #1474, located at 6555
West Twin Peaks Road, Tucson, AZ 85742.
OPTION 2: I move to approve and submit to the DLLC an order recommending
disapproval of an application for a new series #010 Beer and Wine Store liquor license
application submitted by Perry Charles Huellmantel on behalf of QuikTrip #1474,
located at 6555 West Twin Peaks Road, Tucson, AZ 85742.
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Attachments
Redacted Application
Affidavit of Posting
Local Governing Body Recommendation
Descriptions of Common Liquor Licenses
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Arizona Department of Liquor Licenses and Controln...„,800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
602) 542-5141
V
AFFIDAVIT OF POSTING
March 1032022
Date of Posting:Date of Posting Removal: V se/r.,_
Applicant's Name:
Huellmantel Perry Charles
Last First Middle
Business Address:
6555 W Twin Peaks Road Tucson 85742
Street City Zip
License #:
181374
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
JRBurns Housing Rehabilitation Specialist (520) 990-2496
Print Name of City/County Official Title Phone Number
Signature ate Signed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
8/21/2015 Page 1 of 1
Individuals requiring ADA accommodations please call(602) 542-9027Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
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Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
Local Governing Body Recommendation
A.R.S. § 4-201(C)
1. City or Town of: __________________________________________ Liquor License Application #:_______________________________
(Circle one) (Arizona application #)
2. County of: _______________________________________________ City/Town/County #: ______________________________________
3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2),
______________________________________________________ ______________________________________________________
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
4. The ___________________________________ at a ________________________________ meeting held on the __________________ of
(Governing body) (Regular or special) (Day)
_____________________, ____________ considered the application of _______________________________________________________
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application ______________________________________________,
(Arizona liquor license application #)
for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201.
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for _____________________________________________________.
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at _______________________ on ________________, _________________, __________.
(Location) (Day) (Month) (Year)
____________________________________________ ___________________________________________
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
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Individuals requiring ADA accommodations please call (602)542-9027
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Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on- & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off-
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go")
package sales can be made on the bar premises as long as the area of off-sale operation
does not utilize a separate entrance and exit from the one provided for the bar. Payment
must be made no later than the time of delivery.
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Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from the premises of the retailer and
consumed off the premises. A retailer with off-sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (liquor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its registered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty-one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
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Council-Regular Meeting A1
Meeting Date:04/19/2022
To:Mayor and Council
From:Jane Fairall, Town Attorney
Date:April 19, 2022
Strategic Plan Focus Area:
Commerce, Community
Strategic Plan Focus Area Additional Info:
Commerce: Principle Statement 2: We will seek and retain diverse industries and
commerce.
Community: Principle Statement 1: We will maintain a safe and well-managed
community.
Subject:Resolution No. 2022-039: Relating to Development; approving and authorizing the
Mayor to sign the Crossroads at Gladden Development Agreement (Jane Fairall)
Discussion:
On August 17, 2021, the Town Council adopted Ordinance No. 2021.018, approving the
Crossroads at Gladden Specific Plan, rezoning 281 acres of land located along the west
side of Interstate 10 approximately 575 feet northwest of the Tangerine Road and
Interstate 10 interchange. The Crossroads at Gladden Specific Plan envisioned a
master-planned development that allows for a variety of residential, commercial, office
and commerce park land uses. On December 7, 2021, the Council approved a final
block plat for Crossroads at Gladden, Blocks 1-8. The rezoning ordinance provides that
the rezoned property will be developed in accordance with a development agreement
(DA) which must be adopted prior to approval of any further plat or development plan
for any portion of the rezoning area. Town staff and the master developer, Tangerine
2021, LLC (Developer), have negotiated the proposed DA to facilitate the development
of the property.
Pursuant to Ordinance 2021.018, the Developer was required to commission and pay
for a master traffic impact analysis (TIA) identifying traffic improvements required to
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serve the rezoning area. The ordinance specifically required that the Developer design
and construct improvements to the Tangerine and I-10 Traffic Interchange (Tangerine
TI), frontage roads, ramps, and adjacent roadways as recommended by the Town and
ADOT based on the traffic studies submitted by the Developer. Additionally,
Ordinance No. 2021.018 required the Developer to design and construct Clark Farms
Boulevard from Tangerine Road to Mike Etter Boulevard as a four lane divided road
compliant with town standards. The Developer has submitted the master TIA which
details the traffic improvements needed to support the Crossroads at Gladden project,
as well as providing guidance as to the timing or trigger for the improvements. The DA
provides that the Developer shall fund the design and construction of the
developer-constructed transportation improvements listed in Exhibit “C” to the DA,
and shall dedicate to the town without cost all right-of-way necessary for the
developer-constructed transportation improvements, including
Initial Improvements to the Tangerine TI:
Constructing a westbound left-turn lane within the ADOT right of way of the
westbound off ramp, which may include relocation of signal poles, utility
poles, and roadway appurtenances, and addition of new signal poles and
heads, so as to produce a fully functional traffic signal
Restriping the existing pavement for Tangerine Road to provide two
westbound through lanes, one westbound left-turn lane that extends the full
distance between signals, one eastbound left-turn lane that extends the full
distance between signals, and one eastbound through lane, for a total of five
lanes
Construct restriping and modifications to the median on the west leg of the
intersection to provide additional storage for the eastbound left turn at the
westbound I-10 Frontage Road, to align with striping modifications between
signalized intersection
Reconstruction of Crossroads Trail to a three-lane major collector road to the
town’s standard detail
Replacement of the painted median northwest of the intersection of Tangerine
Road and Crossroads Trail with a raised median built in accordance with the
standard detail for an arterial road cross-section and reconstruction of the
intersection
These improvements must be completed prior to the issuance of certificates of
occupancy for up to 25,000 square feet of cumulative structure(s) on blocks 1 through
5, inclusive, 7, and 8 of the property. In addition, the Developer is required to construct
three access driveways on Tangerine Road south of block 6 as well as a traffic signal at
the intersection of Tangerine Road and the block 6 main driveway. The improvements
related to block 6 must be completed prior to a certificate of occupancy being issued for
any structure on block 6.
In addition to the developer-constructed transportation improvements, the DA requires
the Developer to contribute $2.6 million towards the design and construction of the
Tangerine TI Improvements as those improvements are described in Exhibit "D" to the
DA.
The Developer is entitled to impact fee credits towards the northwest streets
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development impact fee in the amount of $3,069,679 based on the following
contributions and dedications:
Tangerine Road/aka Tangerine Farms Road - the Tangerine Farms Improvement
District assessment for the original property in the amount of $2,475,679
Clark Farms Boulevard - the right of way dedication for Clark Farms Boulevard
consisting of 5.37 acres at $30,000.00 per acre, totaling $161,100.00
Tangerine (Farms) Road - the right-of-way dedication for Tangerine (Farms) Road,
consisting of 14.43 acres at $30,000 per acre, totaling $432,900.00
Additionally, if the Town includes the Tangerine TI Improvements in its future
infrastructure improvements plan (IIP), the Developer will receive impact fee credits
for those contributions as well, as required by state law.
The DA includes standard conditions related to water and sewer, which will ultimately
be addressed in separate water service and sewer service agreement. The Developer
will be required to underground the CMID canal in the vicinity of the property as is it
developed. The remainder of the DA contains standard provisions.
Financial Impact:
Pursuant to the DA, the Developer will be required to contribute $2.6M towards the
Tangerine TI Improvements. The Developer will contribute $600,000 within 60 days of
the effective date of the DA and will post security for the remaining amount, which will
be converted to cash when the Town moves forward with the improvements.
Staff Recommendation:
Staff recommends approval of the Crossroads at Gladden Development Agreement.
Suggested Motion:
I move to adopt Resolution No. 2022-039, approving and authorizing the Mayor to sign
the Crossroads at Gladden Development Agreement.
Attachments
Resolution No. 2022-039
Exhibit A - Crossroads DA
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00080532.DOCX /1
Resolution No. 2022-039 1
MARANA RESOLUTION NO. 2022-039
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN THE CROSSROADS AT GLADDEN DEVELOPMENT AGREEMENT
WHEREAS, on August 17, 2021, the Town Council adopted Ordinance No.
2021.018, approving the Crossroads at Gladden Specific Plan, rezoning 281 acres of land
located along the west side of Interstate 10 approximately 575 feet northwest of the
Tangerine Road and Interstate 10 interchange; and
WHEREAS Ordinance No. 2021.018 provides that the rezoned property will be
developed in accordance with a development agreement which must be adopted prior to
approval of any plat or development plan for any portion of the rezoning area; and
WHEREAS the Town is authorized by A.R.S. § 9-500.05 to enter into a
development agreement with a land owner or other person or entity having an interest
in real property located within the Town to facilitate development of the property by
providing for, among other things, the conditions, terms, restrictions, and requirements
for development and public infrastructure and the financing of public infrastructure; and
WHEREAS the Town Council finds that the Crossroads at Gladden Development
Agreement is in the best interest of the Town and its citizens and should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Crossroads at Gladden Development Agreement, as set forth
on Exhibit A attached to and incorporated within this resolution by this reference, is
hereby approved, the Mayor is authorized to execute it for and on behalf of the Town of
Marana, and Town staff is authorized to carry out its terms.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of April, 2022.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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00078850.DOC /11 Town of Marana DA: Crossroads at Gladden -1-
WHEN RECORDED, RETURN TO:
THE CROSSROADS AT GLADDEN DEVELOPMENT AGREEMENT
TOWN OF MARANA, ARIZONA
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made by and between the TOWN OF
MARANA, an Arizona municipal corporation (the “Town”), TANGERINE 2021, LLC, a Delaware
limited liability company (the “Owner” or “Developer”), and F IDELITY NATIONAL TITLE AGENCY
INC., an Arizona corporation, solely in its capacity as trustee under Trust No. 60,528 and not in
its corporate capacity (the “Title Company”). The Town, Developer, and Title Company are
collectively referred to in this Agreement as the “Parties,” each of which is sometimes
individually referred to as a “Party.”
RECITALS
A. The Owner acquired approximately 281 acres of land located in the Town limits, as
depicted on the map attached as Exhibit “A” and legally described on Exhibit “B” (the
“Property”). Due to the recordation of the Final Block Plat (defined below) and the dedication of
public rights-of-way, the Owner currently owns 272.3 acres.
B. The Title Company holds legal title to the Property, as trustee, in trust for the benefit of
the Owner.
C. The Developer proposes to develop the Property as the Crossroads at Gladden (the
“Project”) in general accordance with the Development Regulations (as defined below).
D. The Developer and the Town desire that the Project be developed in a manner consistent
with the Development Regulations that apply to the Property as of the Effective Date, as
amplified and supplemented by this Agreement.
E. The Town and the Developer acknowledge that the development of the Property pursuant
to this Agreement will result in planning and economic benefits to the Town and its residents.
F. The Developer has made and by this Agreement will continue to make a substantial
commitment of resources for public and private improvements on the Property.
G. The following are among the development regulations that apply to the Property as of the
Effective Date (collectively, the “Development Regulations”):
i) The Town’s written rules, regulations, procedures, and other policies relating to the
development of land, whether adopted by the Mayor and Council or by Town Staff
(collectively the “Marana Development Code”).
ii) The future development of the Property shall be subject to the Crossroads at Gladden
Specific Plan as adopted by the Town on August 17, 2021, via Ordinance No. 2021.018, as
amended from time to time (the “Specific Plan”).
Exhibit A to Marana Resolution No. 2022-039
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00078850.DOC /11 Town of Marana DA: Crossroads at Gladden -2-
iii) The final block plat for Crossroads at Gladden, Blocks 1-8 (the “Final Block Plat”),
approved December 7, 2021, and recorded at Sequence No. 20213440123, Pima County
Recorder’s office.
H. Ordinance No. 2021.018 requires the Owner, pursuant to a master traffic impact analysis
(TIA) or other applicable Town of Marana codes or regulations, to design and construct
improvements to the Interstate 10 and Tangerine Traffic Interchange, frontage roads, ramps, and
adjacent roadways as recommended by the Town and the Arizona Department of Transportation
(“ADOT”) based on the submitted traffic studies.
I. The Town believes that unless and until the Initial TI Improvements and the Crossroads
Direct Improvements (as each is defined in Exhibit “C” attached, and collectively referred to
herein as the “Developer-Constructed Transportation Improvements”) are constructed, the
transportation infrastructure in the vicinity of the Property may not be sufficient to accommodate
the Project at opening year in accordance with the Development Regulations.
J. The Town believes that unless and until the Tangerine TI Improvements (as defined in
Exhibit “D” attached) are constructed, the transportation infrastructure in the vicinity of the
Property may not be sufficient to accommodate the Project at full build-out in accordance with
the Development Regulations.
K. The Master Studies referenced in Ordinance No. 2021.018 and Sections 2.5, 2.10, 2.11,
and 2.14 of the Ordinance have been completed by the Developer and approved by the Town.
L. On April 2, 2019, the Marana Town Council adopted Resolution No. 2019-027,
designating as a protected facility the gravity portion of the Tangerine/Downtown Conveyance
System (Town of Marana Project No. WR010, referred to in this Agreement as the “T/D Gravity
Sewer”) and requiring any land use with a sewer connection served by the T/D Gravity Sewer to
pay a protected facility fee of $519.67 per single-family residence (or equivalent).
M. Pursuant to the Gladden Farms II Development Agreement entered into between the
Town of Marana and the developer of the Gladden Farms II project, recorded at Docket 12758,
Page 2249 (Sequence No. 20060470594), Pima County Recorder’s Office, as amended, the
developer of the Gladden Farms II project is required to pay one-half of the estimated cost of the
Town’s design and construction of traffic signals at the intersections of Clark Farms Boulevard
and Mike Etter Boulevard and Clark Farms Boulevard and Tangerine Road.
N. The Project contemplated by this Agreement is in compliance with the Town’s adopted
and approved General Plan (as defined in A.R.S. § 9-461).
O. The development contemplated by this Agreement is in compliance with the Specific
Plan.
P. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agreement with
a land owner or other person or entity having an interest in real property located within the Town
to facilitate development of the property by providing for, among other things, the conditions,
terms, restrictions, and requirements for development and public infrastructure and the financing
of public infrastructure.
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
agreements set forth in this Agreement, the Parties hereby agree as follows:
Article 1. Development.
1.1. Development review. The Property shall be developed in a manner consistent with the
Development Regulations and this Agreement, which together establish the basic land uses, and
the densities, intensities and development regulations that apply to the land uses authorized for
the Property. Upon the Developer’s compliance with the applicable development review and
approval procedures and substantive requirements of the Development Regulations, the Town
agrees to issue such permits or approvals for the Project as may be requested by the Developer.
1.2. Phasing of development. The individual blocks that make up the Property may be
conveyed and developed in any order, subject to compliance with the requirements of this
Agreement.
1.2.1. If an individual block of the Property is conveyed and will not be further
subdivided, the Developer shall be required to post substitute forms of assurance for all
improvements shown on the Final Block Plat and improvement plans for the Final Block Plat
for that individual block in the form of a cash account, performance bond, or letter of credit
to allow the block to be released from the third party trust (Trust No. 60,528) and to assure
completion of the subdivision infrastructure required to serve only that individual block,
unless the Town has previously released the assurances for the individual block. Upon the
posting of appropriate substitute subdivision assurances for the individual block, the master
subdivision assurances posted for the Final Block Plat shall automatically terminate with
respect to particular subdivision infrastructure that serves only that individual block. Nothing
in this paragraph precludes Developer and the owner of the individual block from separately
agreeing that the owner of the individual block will post the substitute forms of assurance on
behalf of the Developer.
1.2.2. If an individual block of the Property is conveyed and will be further subdivided,
the developer of that individual block will need to provide the Town with appropriate
substitute subdivision assurances for the completion of subdivision infrastructure required to
serve only that individual block, unless the Town has previously released the assurances for
the individual block. Upon the posting of appropriate substitute subdivision assurances for
the individual block, the master subdivision assurances posted for the Final Block Plat shall
automatically terminate with respect to particular subdivision infrastructure that serves only
that individual block.
1.3. Zoning and plat conditions. The Developer agrees to fulfill all conditions outlined in
the Development Regulations.
1.4. Determination of no hazard to air navigation. Those portions of the Property located
within 20,000 feet (3.8 miles) of Marana Regional Airport shall submit an FAA-7460 form to the
Federal Aviation Administration and receive a “Determination of No Hazard to Air Navigation”
from the Federal Aviation Administration before any construction or alteration of improvements
with an intended height greater than an imaginary surface extending outward and upward at a
100 to 1 slope for a horizontal distance of 20,000 feet from the nearest point of the nearest
runway of the Airport.
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 99 of 119
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1.5. Cultural resources. Development of the Property shall meet all Town requirements set
forth in Chapter 17-12 of the Marana Development Code related to Protection of Cultural
Resources.
1.6. Site built construction and building permits. All construction on any portion of the
Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and
shall require building permits.
1.7. Compliance with residential and commercial design standards. All residential and
commercial construction on any portion of the Property shall be constructed in accordance with
the then current residential and commercial design standards as adopted by the Town of Marana
as of the Effective Date, and the design guidelines set forth in the Specific Plan.
1.8. Effect of sale of a portion of the Property. The Developer anticipates that it will sell
portions of the Property to third parties after this Agreement is executed, and in any event before
the obligations of the Developer under this Agreement are satisfied. Upon that event, for
purposes of the performance of the Developer’s obligations under this Agreement, the term
“Developer” shall jointly and severally include each and every owner of any portion of the
Property, subject to paragraphs 10.10 and 10.11 below.
1.9. Town review and approval of plans. Except as expressly provided in this Agreement,
the development and construction of all public improvements for the Property are subject to the
Town’s normal plan submittal, review and approval procedures and construction inspection
requirements.
Article 2. Transportation Improvements.
2.1. Road right-of-way dedications. The Developer dedicated to the Town rights-of-way for
Clark Farms Boulevard and Crossroads Trail via the Final Block Plat. The previous owner of the
Property dedicated rights-of-way to the Town for Tangerine Road.
2.2. Transportation improvements. The Developer shall fund the design and construction of
the Developer-Constructed Transportation Improvements listed in Exhibit “C” and shall dedicate
to the Town without cost all right-of-way necessary for the Developer-Constructed
Transportation Improvements. Developer will have no obligation to dedicate any right-of-way
for the Tangerine TI Improvements. The Developer shall also fund the design and constructon of
Clark Farms Boulevard from Tangerine Road to Mike Etter Boulevard as a four lane divided
road compliant with Town standard 120-1, as required by section 2.6.b of Ordinance No.
2021.018.
2.3. Timing of construction of Developer-Constructed Transportation Improvements. Town
will not require construction of any of the Developer-Constructed Transportation Improvements
described in Exhibit C prior to issuance of certificates of occupancy for up to 25,000 square feet
of cumulative structure(s) on Blocks 1 through 5, inclusive, 7, and 8 of the Property. Town will
require substantial completion of construction of the Developer-Constructed Transportation
Improvements described in Exhibit C, Section I (Initial TI Improvements) and Sections II.1
(Crossroads Trail), II.3 (Tangerine Road and Crossroads Trail), and II.4 (Traffic Signals) prior to
issuance of certificates of occupancy in excess of 25,000 square feet of cumulative structure(s)
on Blocks 1 through 5, inclusive, 7, and 8 of the Property. Town will require substantial
completion of construction of all of the Developer-Constructed Transportation Improvements
described in Exhibit C prior to issuance of any certificate of occupancy on Block 6. The Town’s
Exhibit A to Marana Resolution No. 2022-039
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April 19, 2022
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right to withhold certificates of occupancy is a contract right granted by this Agreement, and is
granted notwithstanding any right of the Developer or its successors in interest to receive
certificates of occupancy pursuant to the Marana building codes.
2.4. Developer contribution to Tangerine TI Improvements. In addition to construction of the
Developer-Constructed Transportation Improvements, the Developer shall contribute $2,600,000
to the design and construction of the Tangerine TI Improvements as those improvements are
described in Exhibit “D” attached (the “In Lieu Contribution”). Within 60 days after the
Effective Date, the Developer shall pay to the Town $600,000 in cash and deliver a performance
bond or bonds in the amount of $2,000,000 in the customary form required by the Town. The
Developer will replace the performance bond with cash in the amount of $2,000,000 within ten
business days after the Developer’s receipt of written notice from the Town that it has approved
a Guaranteed Maximum Price (GMP) for roadway construction costs from the Town’s
Construction Manager At Risk for the reconstruction of Tangerine Road east of Interstate 10,
which includes the Tangerine Road TI Improvements as described in Exhibit D. Town will
deposit the In Lieu Contribution in either a separate account within the Town’s General Fund or
a separate book or ledger entry designation for the purpose of constructing the Tangerine TI
Improvements. Developer’s payment of the In Lieu Contribution is Developer’s sole obligation
with respect to the Tangerine TI Improvements, as those improvements are defined in Exhibit D.
Developer will not have any other obligations to make any financial, in-kind, or other
contributions for the Tangerine TI Improvements and the Town will pursue the design and
construction of the Tangerine TI Improvements and the collection of any required additional
funds and land dedications without further contribution from Developer. Developer will have no
obligation to dedicate any right-of-way or other land for the Tangerine TI Improvements.
2.5. Other traffic studies and revised transportation improvements
2.5.1. The Developer or any successor owner of all or any portion of the Property may be
required to provide additional traffic studies during the platting and development plan
process for the Project as determined by the Town. The Developer or any successor owner of
all or any portion of the Property shall pay for and/or provide additional transportation
improvements and dedications the Town or ADOT reasonably requires based on the findings
of those studies, except as otherwise provided in this paragraph 2.5. The Town Engineer is
authorized to waive, in writing, any transportation improvement required by this Article if a
traffic study approved by the Town indicates that the Project may be safely served without
the waived transportation improvement.
2.5.2. The Developer will not be required to pay for and/or provide additional
transportation improvements and dedications in connection with, or as part of, the Tangerine
TI Improvements, as those improvements are defined in Exhibit D. Nothing in this
subparagraph 2.5.2 precludes the Developer from being required to pay for or provide future
additional transportation improvements related to the Tangerine Road and I-10 traffic
interchange if Developer proposes different uses for the Property that (a) have materially
different traffic impacts and (b) that the Town reasonably requires based on the findings of
future additional traffic studies.
2.5.3. Notwithstanding Section 2.7 of Ordinance No. 2021.018, the Developer shall not
be required to provide a second master traffic impact analysis (TIA) identifying any
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 101 of 119
00078850.DOC /11 Town of Marana DA: Crossroads at Gladden -6-
additional traffic improvements that must be in place prior to the issuance of any Certificate
of Occupancy for any portion of the Project.
2.6. Other Arizona Department of Transportation Requirements. ADOT controls and issues
permits for all roadway construction, modification, and access affecting Interstate 10 and the
Interstate 10 frontage roads. To the extent ADOT access or improvement requirements are
inconsistent with the required Transportation Improvements, representatives of the Parties shall
meet in good faith to modify this Agreement to address ADOT infrastructure improvement
requirements.
Article 3. Sewer Infrastructure Requirements.
3.1. Offsite sewer. Each connection to the T/D Gravity Sewer shall be responsible for
payment of the protected facility charge existing as of the time of building permit for its
fair-share portion of the Town’s cost to construct the T/D Gravity Sewer, payable upon
application for a building permit for construction to be connected to the T/D Gravity Sewer. As
of the date of this Agreement (and subject to amendment by the Marana Town Council), the
protected facility fee is $519.67 per equivalent demand unit (EDU).
3.2. Onsite sewers. The Developer shall construct onsite sewers pursuant to standard Town
agreements to construct new facilities and standard Town subdivision infrastructure assurance
agreements, with any amendments mutually agreed upon between the Town and the Developer.
Article 4. Water Infrastructure Requirements.
4.1. Onsite potable water distribution system. The Developer shall construct onsite potable
water distribution infrastructure pursuant to standard Town agreements to construct new
facilities and standard Town subdivision infrastructure assurance agreements, with any
amendments mutually agreed upon between the Town and the Developer.
4.2. Transfer of grandfathered water rights. After the termination of farming activities and
before development of one or more individual blocks of the Property, the Owner and/or the
developer of any individual block shall assign to the Town every portion of its Irrigation or Type
1 Non-irrigation Grandfathered Groundwater Rights or Type II Non-irrigation Groundwater
Rights as those are defined by law as may be appurtenant to the property, and to execute and
deliver all forms necessary to effect the transfer of these water rights to the Town concurrently
with the assignment.
4.3. Non-potable system. The Developer shall develop and construct a secondary non-
potable irrigation system, dedicated to the Cortaro-Marana Irrigation District (CMID) in
accordance with its requirements, to distribute non-potable water to common areas and other
landscaped areas owned or to be owned by a property owners’ association serving the individual
block of the Final Block Plat or by the owner of the individual block.
Article 5. Other Public Facilities and Infrastructure Requirements.
5.1. Undergrounding of CMID channel. The Developer shall underground the Cortaro-
Marana Irrigation District (CMID) irrigation channel within or adjacent to the Property and
within perimeter easements or the nearest half of a street or right-of-way in accordance with a
plan and schedule approved by the Town engineer, CMID, and the Developer, as required by
Marana Town Code Sections 17-5-3(B)(17) and 17-6-4 , in effect as of the Effective Date. If the
Property is developed in phases, the irrigation channel adjacent to the portion of the Property
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 102 of 119
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then being developed will be undergrounded in accordance with a plan and schedule approved by
the parties and the CMID.
5.2. Bank protection. In compliance with Town Ordinance No. 99.02, the Developer shall
pay $500 per acre of affected Property, resulting in a total required payment of $136,150, for the
Lower Santa Cruz Levee construction with respect to the entire Property. The Developer shall
pay this obligation at the time of issuance of any grading permit for the Property on a pro-rata
basis for the property subject to the grading permit.
5.3. Onsite private recreational facilities. Residential areas within the Project shall comply
with the recreational area requirements of Marana Town Code Section 17-5-3, in effect as of the
Effective Date.
5.4. School improvement contribution. A $1,200 per residential unit contribution (the
“School Improvement Contribution”) shall be due and payable at the time building permits are
issued for each residential permit within the Property.
5.5. Compliance with state and federal laws and regulations. No approval, permit or
authorization of the Town authorizes the Developer to violate any applicable federal or state laws
or regulations, or relieves the Developer from the responsibility to ensure compliance with all
applicable federal and state laws and regulations, including but not limited to the Endangered
Species Act and Clean Water Act.
Article 6. Development Impact Fees and Credits
6.1. Development impact fees. Nothing in this Agreement shall be construed as a waiver or
reduction of development impact fees properly adopted by the Town pursuant to A.R.S.
§ 9-463.05 and applicable to the Property. All development within the Property shall be
responsible to pay all applicable development impact fees existing as of the time of building
permit application. As of the date of this Agreement (and subject to amendment by the Marana
Town Council), the following development impact fees apply to development within the
Property:
6.2. Northwest Street Facilities Development Impact Fee. The Town’s current Northwest
Street Facilities Development Impact Fee is $3,719 per equivalent demand unit (EDU), per
Marana Ordinance No. 2017.029 (applying the methods and equivalencies set forth in the 2017
street facilities development impact fee report for development other than a single family
residence).
6.3. Parks and Recreation Facilities Development Impact Fee. The Town’s current Parks
and Recreation Facilities Development Impact Fee is $2,461 per equivalent demand unit (EDU)
per Marana Ordinance Nos. 2014.012 and 2017.029 (or the development impact fee applicable to
development other than a single family residence, if any).
6.4. Lower Santa Cruz River Levee Fee. The Town’s current Lower Santa Cruz River
Levee Fee is $500 per acre, as originally adopted by Marana Ordinance No. 99.02, and as
described in Section 4 of Marana Ordinance no. 2014.012 and in Section 6 of Marana Ordinance
no. 2017.029.
6.5. Water Infrastructure Development Impact Fee. The Town’s current Water
Infrastructure Development Impact Fee is $2,331 per equivalent demand unit (EDU) for a 5/8”
Exhibit A to Marana Resolution No. 2022-039
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April 19, 2022
Page 103 of 119
00078850.DOC /11 Town of Marana DA: Crossroads at Gladden -8-
water meter, per Marana Ordinance No. 2017.029. Fees for larger water meters are as set forth in
Marana Ordinance No. 2017.029.
6.6. Water Resources Development Impact Fee. The Town’s current Water Resources
Development Impact Fee is $3,050 per equivalent demand unit (EDU) for a 5/8” water meter,
per Marana Ordinance No. 2017.029. Fees for larger water meters are as set forth in Marana
Ordinance No. 2017.029.
6.7. Wastewater Facilities Development Impact Fee. The Town’s current Wastewater
Facilities Development Impact Fee is $3,930 per equivalent demand unit (EDU) for a 5/8” water
meter, per Marana Ordinance No. 2017.029. Fees for larger water meters are as set forth in
Marana Ordinance No. 2017.029.
6.8. Northwest Streets Development Impact Fee Reimbursements. The Developer is
entitled to current impact fee credits towards the Northwest Streets Development Impact Fee in
the amount of $3,069,679 based on the contributions and dedications listed in paragraphs 6.8.1.1
through 6.8.1.3 below (the “Current Impact Fee Credits”). Additionally, the Developer is entitled
to receive credit towards the Northwest Streets Development Impact Fee for any additional
improvements the Developer contributes to, pays for, constructs, or provides dedications for that
are included in the Town’s streets facilities infrastructure improvements plan (IIP) (the “Future
Impact Fee Credits”). Collectively, the Current Impact Fee Credits and Future Impact Fee
Credits are referred to as the “Impact Fee Credits.” The Impact Fee Credits shall be in the form
of a quarterly reimbursement to the Developer. The Town shall collect the full Northwest Streets
Development Impact Fees from development within the Property as they become due, and will
deposit the funds in either a separate account within the Town’s General Fund or a separate book
or ledger entry designation for the purpose of making reimbursement payments to the Developer
(the “Reimbursement Account”). The Town shall pay to the Developer within the first 45 days of
each calendar quarter all funds in the Reimbursement Account, beginning the first calendar
quarter after the Town has funds in the Reimbursement Account. The reimbursement amount
will be applied on a “first dollar” basis and not prorata on a per acre basis, e.g., if the Impact Fee
Credits at the beginning of a calendar quarter are $3,069,679 and the Town issues building
permits requiring development impact fees of $500,000 in such calendar quarter, the Town will
collect the $500,000 development impact fees from the applying party(ies). Within the first 45
days of the following calendar quarter the Town will pay the $500,000 to Developer and the
Impact Fee Credit balance will be reduced to $2,569,679.
6.8.1. The Current Impact Fee Credits consist of the following:
6.8.1.1. Tangerine Road/fka Tangerine Farms Road. The Tangerine Farms
Improvement District assessment for the original property in the amount of $2,475,679.
6.8.1.2. Clark Farms Boulevard. The right of way dedication for Clark Farms
Boulevard consisting of 5.37 acres at $30,000.00 per acre, totaling $161,100.00.
6.8.1.3. Tangerine (Farms) Road. The right-of-way dedication for Tangerine (Farms)
Road, consisting of 14.43 acres at $30,000 per acre, totaling $432,900.00.
6.8.2. Tangerine TI Improvements. The Town intends to include the Tangerine TI
Improvements in its 2022 streets IIP, which has yet to be approved by the Marana Town Council.
If the Tangerine TI Improvements are included in the approved IIP, development within the
Property will be subject to the revised Northwest Streets Development Impact Fees.
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 104 of 119
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Additionally, the Developer will receive Future Impact Fee Credits for its contribution to the
Tangerine TI Improvements, as described in paragraph 2.4 above.
Article 7. Cooperation and Alternative Dispute Resolution.
7.1. Appointment of representatives. To further the commitment of the Parties to cooperate
in the progress of the Development, the Town and the Developer each shall designate and
appoint a representative to act as a liaison between the Town and its various departments and the
Developer. The initial representative for the Town (the “Town Representative”) shall be the
Development Services Director, and the initial representative for the Developer shall be Dean
Wingert or a replacement to be selected by the Developer. The representatives shall be available
at all reasonable times to discuss and review the performance of the Parties to this Agreement
and the development of the Property.
7.2. Timing. The Town acknowledges the necessity for prompt review by the Town of all
plans and other materials (the “Submitted Materials”) submitted by the Developer to the Town
hereunder or pursuant to any zoning procedure, permit procedure, or other governmental
procedure pertaining to the development of the Property and agrees to use its best efforts to
accomplish such prompt review of the Submitted Materials whenever possible.
7.3. Default; remedies. If either Party defaults (the “Defaulting Party”) with respect to any
of that Party’s obligations under this Agreement, the other Party (the “Non-Defaulting Party”)
shall be entitled to give written notice in the manner prescribed in Article 9 below to the
Defaulting Party, which notice shall state the nature of the default claimed and make demand that
such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of
the notice within which to correct the default if it can reasonably be corrected by the payment of
money, or (ii) thirty days from the date of the notice to cure the default if action other than the
payment of money is reasonably required, or if the non-monetary default cannot reasonably be
cured within sixty days, then such longer period as may be reasonably required, provided and so
long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to
completion. If any default is not cured within the applicable time period set forth in this
paragraph, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration
proceedings set forth in paragraphs 7.4 and 7.5 below. The Parties agree that due to the size,
nature and scope of the Development, and due to the fact that it may not be practical or possible
to restore the Property to its condition prior to Developer’s development and improvement work,
once implementation of this Agreement has begun, money damages and remedies at law will
likely be inadequate and that specific performance will likely be appropriate for the enforcement
of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action
that either party may have at law or in equity. If Developer conveys a portion of the Project to
any third party, a default by Developer will not be a default by any such third party and a default
by any third party will not be a default by Developer or any other third party. To the extent that
the Town has the right to terminate this Agreement upon the default by Developer, any such
termination will only apply to the Developer or third party that is in default and Town may not
terminate this Agreement as to the Developer or any third party that is not in default under this
Agreement.
7.4. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve
between themselves, the Parties agree that there shall be a forty-five day moratorium on
arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 105 of 119
00078850.DOC /11 Town of Marana DA: Crossroads at Gladden -10-
mediation before commencement of arbitration. The mediation shall be held under the
commercial mediation rules of the American Arbitration Association. The matter in dispute shall
be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot
agree upon the selection of a mediator within seven days, then within three days thereafter the
Town and the Developer shall request the presiding judge of the Superior Court in and for the
County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected
shall have at least five years’ experience in mediating or arbitrating disputes relating to real
estate development. The cost of any such mediation shall be divided equally between the Town
and the Developer. The results of the mediation shall be nonbinding on the Parties, and any Party
shall be free to initiate arbitration after the moratorium.
7.5. Arbitration. After mediation (paragraph 7.4 above) any dispute, controversy, claim or
cause of action arising out of or relating to this Agreement shall be settled by submission of the
matter by both Parties to binding arbitration in accordance with the rules of the American
Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and
judgment upon the award rendered by the arbitrator(s) may be entered in a court having
jurisdiction. To the extent permitted by applicable law, any notice of claim requirement shall be
tolled during any moratorium or mediation and arbitration proceedings.
Article 8. Protected Development Rights
To ensure reasonable certainty, stability and fairness to the Developer and the Town for a
reasonable period of time, the Developer and the Town agree that the zoning designations, uses,
densities, and intensities of use, that now apply to the Property, as amended by this Agreement,
shall remain in effect and shall not be changed for a period of five years after the execution of
this Agreement without the agreement of the Developer. Town agrees that Developer’s (or its
predecessor’s) dedications, construction and installation of public improvements, and payments
give Owner a common law vested right to develop the Project in accordance with this Agreement
and the Development Regulations.
Article 9. Notices and Filings.
All notices, filings, consents, approvals and other communications provided for in or given
in connection with this Agreement shall be validly given, filed, made, transmitted or served if in
writing and delivered personally or sent by registered or certified United States mail, postage
prepaid, if to (or to such other addresses as any Party may from time to time designate in writing
and deliver in a like manner):
To the Town:
Town of Marana
Town Manager
11555 W. Civic Center Drive Bldg. A-3
Marana, Arizona 85653-7006
To the Developer:
Tangerine 2021, LLC
333 E. Wetmore Road, Suite 250
Tucson, AZ 85705
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
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Article 10. General Terms and Conditions.
10.1. Term. After its execution by the Parties, this Agreement shall become effective upon
the date this Agreement is recorded in the official records of Pima County, Arizona (the
“Effective Date”). The term of this Agreement shall begin on the Effective Date and, unless
sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall
thereafter be void for all purposes on the twentieth anniversary of the Effective Date, except that
any then pending Payments shall be paid by Town to Developer. If the Parties determine that a
longer period is necessary for any reason, the term of this Agreement may be extended by
written agreement of the Parties. The Developer shall be entitled to terminate this Agreement if
the Town materially impairs the development entitlements on the Property granted by this
Agreement.
10.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that
right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of
this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same
or any other covenant or condition of this Agreement.
10.3. Attorney’s fees. If any Party brings a lawsuit against any other Party to enforce any of
the terms, covenants or conditions of this Agreement, or by reason of any breach or default of
this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys’
fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the
use of the word “lawsuit” in the preceding sentence shall constitute a waiver of paragraph 7.5
requiring disputes to be resolved by binding arbitration.
10.4. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterparts may be removed from such
counterparts and such signature pages all attached to a single instrument so that the signatures of
all Parties may be physically attached to a single document.
10.5. Headings. The descriptive headings of this Agreement are intended to be used to assist
in interpreting the meaning and construction of the provisions of this Agreement.
10.6. Recitals. The Recitals set forth at the beginning of this Agreement are hereby
acknowledged and confirmed to be accurate.
10.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been
incorporated in this Agreement by reference with the same force and effect as if fully set forth in
the body of this Agreement.
10.8. Further acts. Each of the Parties shall execute and deliver all documents and perform
all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this
Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good
faith and process promptly any requests and applications for plat or permit approvals or
revisions, and other necessary approvals relating to the development of the Property by the
Developer and its successors.
10.9. Time essence. Time is of the essence for purposes of this Agreement.
10.10. Successors. All of the provisions of this Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the Parties except as provided in paragraph 10.11
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below. Unless and until the Town consents to an assignment of rights and obligations under this
Agreement, the Town may enforce the Developer’s obligations under this Agreement against the
Developer and its successor in interest and assigns. If Developer (or any successor in interest or
assign) assigns all of its rights and obligations under this Agreement and the Town approves the
assignment, the liability of the assigning party under this Agreement shall terminate effective
upon the assumption of those liabilities by the assignee. The Town may not unreasonably
withhold, delay or condition its approval of assignment under this paragraph.
10.11. Termination upon sale to end purchaser or user. This Agreement shall terminate
without the execution or recordation of any further document or instrument as to any lot or block
which has been finally subdivided and individually (and not in “bulk”) leased (for a period of
longer than one year) or conveyed to an end purchaser or user and thereupon such end purchaser
or user and lot or block shall be released from and no longer be subject to or burdened by the
provisions of this Agreement. The Town and the Developer will execute such documents and
instruments as the end purchaser or user or a title company requires in order to effectuate the
intent of this paragraph.
10.12. No partnership and third parties. It is not intended by this Agreement to, and nothing
contained in this Agreement shall, create any partnership, joint venture or other arrangement
between the Developer and the Town. No term or provision of this Agreement is intended to, or
shall be for the benefit of any person, firm, organization or corporation not a party to this
Agreement, and no such other person, firm, organization or corporation shall have any right or
cause of action under this Agreement.
10.13. Other instruments. Each Party shall, promptly upon the request of the other, have
acknowledged and delivered to the other any and all further instruments and assurances
reasonably request or appropriate to evidence or give effect to the provisions of this Agreement.
10.14. Imposition of duty by law. This Agreement does not relieve any Party of any
obligation or responsibility imposed upon it by law.
10.15. Entire agreement. This Agreement constitutes the entire agreement between the
Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous
agreements, representation and understanding of the Parties, oral or written, are hereby
superseded and merged in this Agreement.
10.16. Amendments to agreement. No change or addition shall be made to this Agreement
except by a written amendment executed by the Parties. The Parties agree to cooperate and in
good faith pursue any amendments to this Agreement that are reasonably necessary to
accomplish the goals expressed in the Final Plat and Specific Plan as amended by this
Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the
office of the Pima County Recorder by and at the expense of the Party requesting the
amendment.
10.17. Names and plans. The Developer shall be the sole owner of all names, titles, plans,
drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at
any time developed, formulated or prepared by or at the instance of the Developer in connection
with the Property or any plans; provided, however, that in connection with any conveyance of
portions of the infrastructure as provided in this Agreement such rights pertaining to the portions
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of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to
the appropriate governmental authority.
10.18. Good standing; authority. The Developer represents and warrants to the Town that it
is duly formed and validly existing under the laws of Arizona and is authorized to do business in
the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona
municipal corporation with authority to enter into this Agreement under applicable state laws.
Each Party represents and warrants that the individual executing this Agreement on its behalf is
authorized and empowered to bind the Party on whose behalf each such individual is signing.
10.19. Severability. If any provision of this Agreement is declared void or unenforceable, it
shall be severed from the remainder of this Agreement, which shall otherwise remain in full
force and effect. If a law or court order prohibits or excuses the Town from undertaking any
contractual commitment to perform any act under this Agreement, this Agreement shall remain
in full force and effect, but the provision requiring the act shall be deemed to permit the Town to
act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this
Agreement.
10.20. Governing law. This Agreement is entered into in Arizona and shall be construed and
interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall
take place in Pima County, Arizona. Nothing in the use of the word “litigation” in the preceding
sentence shall constitute a waiver of paragraph 7.5, requiring disputes to be resolved by binding
arbitration.
10.21. Interpretation. This Agreement has been negotiated by the Town and the Developer,
and no party shall be deemed to have drafted this Agreement for purposes of construing any
portion of this Agreement for or against any party.
10.22. Recordation. The Town shall record this Agreement in its entirety in the office of the
Pima County Recorder no later than ten days after it has been executed by the Town and the
Developer.
10.23. No developer representations. Nothing contained in this Agreement shall be deemed
to obligate the Town or the Developer to complete any part or all of the development of the
Property.
10.24. Approval. If any Party is required pursuant to this Agreement to give its prior written
approval, consent or permission, such approval, consent or permission shall not be unreasonably
withheld or delayed.
10.25. Force majeure. If any Party shall be unable to observe or perform any covenant or
condition of this Agreement by reason of “force majeure,” then the failure to observe or perform
such covenant or condition shall not constitute a default under this Agreement so long as such
Party shall use its best effort to remedy with all reasonable dispatch the event or condition
causing such inability and such event or condition can be cured within a reasonable amount of
time. “Force majeure,” as used in this paragraph, means any condition or event not reasonably
within the control of such party, including without limitation, “acts of God,” strikes, lock-outs, or
other disturbances of employer/employee relations; acts of public enemies; orders or restraints of
any kind of government of the United States or any state thereof or any of their departments,
agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots;
epidemics; pandemics, landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms;
Exhibit A to Marana Resolution No. 2022-039
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droughts; floods; arrests, restraints of government and of people; explosions; supply chain
disruptions; shortages of labor or materials; and partial or entire failure of utilities. Failure to
settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal
or administrative proceedings by acceding to the demands of the opposing Party or Parties, in
either case when such course is in the judgment of and unfavorable to a Party shall not constitute
failure to use its best efforts to remedy such a condition.
10.26. Conflict of interest. This Agreement is subject to A.R.S. § 38-511, which provides for
cancellation of contracts in certain instances involving conflicts of interest.
10.27. Prop 207 Waivers. By signing this Agreement, the Developer waives any and all
rights to make a claim for diminution in value under the Private Property Rights Protection Act,
A.R.S. § 12-1131 et seq., resulting from this Agreement, or resulting from remedies resulting
from enforcing the terms of this Agreement.
10.28. Estoppel Certificate. Town will, upon reasonable request by Developer, provide an
estoppel certificate to Developer, or any prospective lender, investor, or purchaser, certifying that
(i) this Agreement is in full force and effect, (ii) no default, or act or omission that with the
giving of notice and/or passage of time could become a default, by Developer exists hereunder
(or, if appropriate, specifying the nature and duration of any existing default), and (iii) such other
certifications as Developer, or any prospective lender, investor, or purchaser may reasonably
request
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00078850.DOC /11 Town of Marana DA: Crossroads at Gladden -15-
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
TOWN:
THE TOWN OF MARANA,
an Arizona municipal corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Cherry L. Lawson, Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Exhibit A to Marana Resolution No. 2022-039
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00078850.DOC /11 Town of Marana DA: Crossroads at Gladden -16-
DEVELOPER:
TANGERINE 2021, LLC,
a Delaware limited liability company
By:
Name:
Title:
FIDELITY NATIONAL TITLE AGENCY INC.,
an Arizona corporation, solely in its capacity
as trustee under Trust No. 60,528 and not
in its corporate capacity as trustee under Trust No. 60,528
By:
Name:
Title:
STATE OF ARIZONA )
) ss
County of Pima )
The foregoing instrument was acknowledged before me on , 2022, by
________________, the __________________ of TANGERINE 2021, LLC, a Delaware limited
liability company, on behalf thereof.
Notary Public
(Seal)
STATE OF ARIZONA )
) ss
County of Pima )
The foregoing instrument was acknowledged before me on , 2022, by
________________, the __________________ of FIDELITY NATIONAL TITLE AGENCY
INC., an Arizona corporation, solely in its capacity as trustee under Trust No. 60,528 and not in
its corporate capacity as trustee under Trust No. 60,528, on behalf thereof.
Notary Public
(Seal)
Exhibit A to Marana Resolution No. 2022-039
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April 19, 2022
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Town of Marana DA: Crossroads at Gladden -1-
Exhibit C
Developer-Constructed Transportation Improvements
I - Initial TI Improvements:
Tangerine and Interstate 10 Traffic Interchange. The Developer shall construct improvements to
the Tangerine and Interstate 10 Traffic Interchange (the “Tangerine TI”) described as follows:
1. Tangerine Road/I-10 Westbound Frontage Road and Off Ramp. The Developer
shall construct a westbound left-turn lane within the ADOT right of way of the westbound off
ramp, with as much storage as ADOT will allow, construction of which may include relocation
of signal poles, utility poles, and roadway appurtenances, and addition of new signal poles and
heads, so as to produce a fully functional traffic signal, with the following configuration for
the westbound off ramp: one exclusive left-turn lane, one shared through/left-turn lane and one
exclusive right-turn lane.
2. Tangerine Road between the I-10 EB Ramps and the I-10 WB Frontage
Road/Ramp. The Developer shall restripe the existing pavement for Tangerine Road to
provide two westbound through lanes, one westbound left-turn lane that extends the full
distance between signals, one eastbound left-turn lane that extends the full distance between
signals, and one eastbound through lane, for a total of five lanes. The restriping shall include
transitions on approach to and departing from the restriping area to meet engineering standards.
The restriping shall be accomplished according to industry standards, and will include
complete obliteration of existing pavement markings, sealing of obliteration scars according
to ADOT requirements, which may include a curb-to-curb surface seal, and remarking of
pavement lines according to ADOT materials specifications.
3. Tangerine Road/I-10 Eastbound Ramps Intersection. The Developer shall construct
restriping and modifications to the median on the west leg of the intersection to provide
additional storage for the eastbound left turn at the WB I-10 Frontage Road, to align with
striping modifications between signalized intersections. Median modifications shall include
removal of at least 150 feet of median, and include appropriate entrance tapers, signing and
striping.
II – Crossroads Direct Improvements:
1. Crossroads Trail. The Developer shall reconstruct Crossroads Trail to a three-lane
major collector road to the Town’s standard detail 110-3. All truck turning movements must
be accommodated by the roadway cross section.
2. Block 6 Improvements. The Developer shall construct three access driveways on
Tangerine Road south of Block 6 of the Final Block Plat and a traffic signal as follows:
Block 6 West Driveway. The Developer shall construct this driveway at the
existing median break east of the Tangerine Road and Clark Farms
Boulevard intersection with stop control for the northbound and southbound
approaches. The lane configuration for this intersection, shall be:
o Southbound: a total of three lanes, serving inbound and outbound
traffic.
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Town of Marana DA: Crossroads at Gladden -2-
o Eastbound: One left‐turn lane, two through lanes, and one right‐turn
lane (all of which already exist).
o Westbound: One left‐turn lane, two through lanes, one right‐turn
lane (all of which already exist).
Block 6 Main Driveway. The Developer shall construct this intersection at
the existing median break west of the Tangerine Road and Crossroads Trail
intersection. The lane configuration for this intersection shall be:
o Southbound: One left-turn lane and one shared-through/right turn
lane.
o Eastbound: One left‐turn lane, two through lanes, and one right‐turn
lane (all of which already exist).
o Westbound: One left‐turn lane, two through lanes, and one right‐
turn lane (reconstruct the existing westbound right-turn lane to
provide a minimum of 150 feet of storage).
Block 6 East Driveway. The Developer shall construct this intersection west
of the Tangerine Road and Crossroads Trail intersection with a right-
in/right-out driveway. The lane configuration for this intersection shall be:
o Southbound: One right‐turn lane.
o Eastbound: Two through lanes (all of which already exist).
o Westbound: Two through lanes (which already exist), and one right‐
turn lane (150 feet minimum storage).
Block 6 Traffic Signal. The Developer shall design and construct a traffic
signal at the intersection of Tangerine Road and Block 6 Main Driveway.
3. Tangerine Road and Crossroads Trail. The Developer shall replace the painted
median northwest of the intersection of Tangerine Road and Crossroads Trail with a raised
median built in accordance with the standard detail for an arterial road cross-section.
Additionally, the Developer shall reconstruct the intersection with the following lane
configuration:
Southbound: Two left‐turn lanes (minimum 200 feet of storage each lane),
and one right‐turn lane.
Eastbound: One left‐turn lane and two through lanes (all of which already
exist).
Westbound: Two through lanes and one right‐turn lane (which already
exist), and one left turn lane (U-turn opportunity).
4. Traffic Signals
The Developer shall design and construct a traffic signal at the intersection
of Tangerine Road and Crossroads Trail.
The developer of the Gladden Farms II project is required to pay for one
half of the design and construction costs for traffic signals at the
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 117 of 119
Town of Marana DA: Crossroads at Gladden -3-
intersections of Clark Farms Boulevard and Mike Etter Boulevard and at
Clark Farms Boulevard and Tangerine Road. The Developer shall be
responsible for the costs to design and construct the remaining one half of
the traffic signals, except that if the developer of the Gladden Farms II
project fails to satisfy its obligation regarding the traffic signals, the
Developer shall design and construct the traffic signals at these two
intersections, and shall be responsible for the full costs of the design and
construction.
Exhibit A to Marana Resolution No. 2022-039
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Town of Marana DA: Crossroads at Gladden -4-
Exhibit D – Tangerine TI Improvements
Tangerine and Interstate 10 Traffic Interchange. The Town shall construct improvements
to the Tangerine and Interstate 10 Traffic Interchange (the “Tangerine TI”), frontage roads,
ramps, and adjacent roadways in conjunction with Town’s reconstruction of Tangerine Road
east of Interstate 10, described as follows:
1. Tangerine Road/I-10 TI Abutment Lanes. Construction shall include the addition of one
new westbound lane and one new eastbound lane constructed behind existing abutments
for the I-10 Mainline overpass. The Abutment Lanes will accommodate the new lane
assignments described below.
a. Construction of Abutment Lanes shall include restriping under the Mainline I-10
for a five-lane cross-section, and shall include two westbound lanes (one of which
is an Abutment Lane), two westbound left-turn lanes that extends the distance
between traffic signals, one eastbound left turn that extends the full distance
between traffic signals, and two eastbound lanes (one of which is an Abutment
Lane).
2. Tangerine Road/I-10 Eastbound Ramps Traffic Signal. Construction shall include
relocation of the signalized intersection of Tangerine Road and the I-10 eastbound ramps
to a point approximately equal to the location of the decommissioned frontage road.
3. Tangerine Road/I-10 Eastbound Ramps. Construction shall include the following lane
configurations:
a. Eastbound I-10 offramp: one left-turn lane, one left/through lane, and one right-
turn lane
b. Eastbound I-10 onramp: two onramp lanes tapering to a single onramp lane onto
I-10, designed to current ADOT standards
c. Eastbound Tangerine Road: two through lanes and two right-turn lanes, each with
a minimum of 350 feet of storage, both of which replace the existing right-turn lane
that has approximately 370 feet of storage.
d. Westbound Tangerine Road: two left turn lanes and two through lanes.
Exhibit A to Marana Resolution No. 2022-039
Marana Regular Town Council Meeting AMENDED 4/18/22 4:30pm
April 19, 2022
Page 119 of 119