HomeMy WebLinkAbout08-01-2023 Regular Council Meeting Agenda PacketMARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, August 1, 2023, 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 August 1, 2023, 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 Town Council Regular Meeting Agenda Packet
August 1, 202
Page 1 of 163
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.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
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PROCLAMATIONS
PR1 Proclamation Recognizing Child Support Awareness Month (David L.
Udall)
PR2 Proclamation Recognizing Drowning Awareness Month (David L. Udall)
PR3 Proclamation Recognizing Marana Police Officer Jeffrey Rowe (David L.
Udall)
PR4 Proclamation Recognizing Marana Police Officer Kevin Trapp (David L.
Udall)
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. 2023.022: Relating to Finance; amending the Town of
Marana Comprehensive Fee Schedule to revise various fees related to
right-of-way permits; and declaring an emergency (Jennifer Flood)
C2 Ordinance No. 2023.023: Relating to Traffic and Highways; amending
Town Code Title 12 (Traffic and Highways), Chapter 12-7 (Construction in
Town Rights-of-Way); revising section 12-7-5 (Permit Process; grounds for
denial) to revise permit application requirements; and declaring an
emergency (Jennifer Flood)
C3 Resolution No. 2023-073: Relating to Development; approving a release of
assurances for Los Saguaros at Dove Mountain, Lots 134-239 (Jason Angell)
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
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C4 Resolution No. 2023-074: Relating to Development; approving a release of
assurances for Saguaro Ranch II, Lots 53, 54, 55, 56, and 57 (Jason Angell)
C5 Resolution No. 2023-075: Relating to Development; approving a release of
assurances for Boulder Bridge Pass III at Dove Mountain, Lots 1-72,
Boulder Bridge Pass III at Dove Mountain, Lots 25 and 26, and Boulder
Bridge Pass IV at Dove Mountain, Lots 73-78 (Jason Angell)
C6 Resolution No. 2023-076: Relating to Personnel; approving and authorizing
the Human Resources Director to execute a Memorandum of
Understanding between the Town and the Arizona Board of Regents,
Arizona State University providing a tuition discount program for Town
employees (Curry C. Hale)
C7 Resolution No. 2023-077: Relating to Personnel; approving and authorizing
the Human Resources Director to execute an agreement between the Town
of Marana and Grand Canyon University providing a tuition discount
program for Town employees (Curry C. Hale)
C8 Resolution No. 2023-078: Relating to Public Works; approving and
authorizing the Mayor to sign an intergovernmental agreement between
the State of Arizona by and through its Department of Transportation, and
the Town of Marana for funding to design a traffic interchange located at
Cortaro Road and Interstate 10 (Fausto Burruel)
C9 Resolution No. 2023-079: Relating to Water; approving and authorizing the
Mayor to sign the Assignment and Assumption of Town of Marana
Agreement for Construction of Water Facilities Under Private Contract -
Tortolita Mountain Estates, Lots 1-81 (David L. Udall)
C10 Approval of Regular Council Meeting Summary Minutes of June 20, 2023,
and Special Council Meeting Summary Minutes of June 20, 2023 (David L.
Udall)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 Resolution No. 2023-080: Relating to Traffic and Highways; approving and
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August 1, 202
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A1 Resolution No. 2023-080: Relating to Traffic and Highways; approving and
authorizing the Mayor to execute the Town of Marana Fiber Optic
Communications License issued to Ting Internet, LLC (Jane Fairall)
A2 Resolution No. 2023-081: Relating to Water; approving and authorizing the
Mayor to sign the Agreement for Construction of Water Facilities Under
Private Contract, a temporary water wheeling agreement, for Twin Peaks
Crossings (David L. Udall)
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Relating to Development and Public Works; update, discussion, and
possible direction regarding public and private projects and development
applications on the Town’s Marana Current and Proposed Projects internet
site (Jason Angell)
D2 Relating to Legislation and Government Actions; discussion and possible
action or direction regarding all pending state, federal, and local
legislation/government actions and on recent and upcoming meetings of
other governmental bodies (Terry Rozema)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town
representatives, or consultation for legal advice with the Town Attorney,
concerning any matter listed on this agenda for any of the reasons listed in
A.R.S. §38-431.03 (A).
FUTURE AGENDA ITEMS
Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
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Council-Regular Meeting PR1
Meeting Date:08/01/2023
Date:August 1, 2023
Subject:Proclamation Recognizing Child Support Awareness Month (David L. Udall)
Attachments
Proclamation
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 6 of 163
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 7 of 163
Council-Regular Meeting PR2
Meeting Date:08/01/2023
Date:August 1, 2023
Subject:Proclamation Recognizing Drowning Awareness Month (David L. Udall)
Attachments
Proclamation
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 8 of 163
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 9 of 163
Council-Regular Meeting PR3
Meeting Date:08/01/2023
Date:August 1, 2023
Subject:Proclamation Recognizing Marana Police Officer Jeffrey Rowe (David L. Udall)
Attachments
Proclamation
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 10 of 163
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 11 of 163
Council-Regular Meeting PR4
Meeting Date:08/01/2023
Date:August 1, 2023
Subject:Proclamation Recognizing Marana Police Officer Kevin Trapp (David L. Udall)
Attachments
Proclamation
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 12 of 163
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
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Council-Regular Meeting C1
Meeting Date:08/01/2023
To:Mayor and Council
From:Jennifer Flood, Public Works Deputy Director
Date:August 1, 2023
Strategic Plan Focus Area:
Proactive Public Services
Subject:Ordinance No. 2023.022: Relating to Finance; amending the Town of Marana
Comprehensive Fee Schedule to revise various fees related to right-of-way
permits; and declaring an emergency (Jennifer Flood)
Discussion:
The Town Council, via Ordinance No. 2021.008, adopted an amended comprehensive
fee schedule on May 18, 2021, which was updated most recently on May 16, 2023, via
Ordinance 2023.017. This proposed ordinance will amend the comprehensive fee
schedule for Right-of-Way permits and effectively reduce the fee amounts. Staff
believes that these updated fees provide a more accurate reflection of the cost that the
Town incurs during the permitting and inspection process.
Financial Impact:
The financial impact of this amendment will not be significant to the Town's overall
revenues.
Staff Recommendation:
Staff recommends approval or Ordinance 2023.022.
Suggested Motion:
I move to approve Ordinance 2023.022.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 14 of 163
Attachments
Ordinance No. 2023.022
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 15 of 163
00090116.DOCX /2
Ordinance No. 2023.022 - 1 -
MARANA ORDINANCE NO. 2023.022
RELATING TO FINANCE; AMENDING THE TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE TO REVISE VARIOUS FEES RELATED TO
RIGHT-OF-WAY PERMITS; AND DECLARING AN EMERGENCY
WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the
finances of the town; and
WHEREAS the Town Council, via Ordinance No. 2021.008, adopted an amended
comprehensive fee schedule on May 18, 2021, which was made a public record by and
attached as Exhibit A to Resolution No. 2021-071; and
WHEREAS from time to time the Town Council has adopted amendments to the
comprehensive fee schedule, most recently on May 16, 2023, via Ordinance 2023.017; and
WHEREAS amending the comprehensive fee schedule as set forth in this
ordinance is in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. The Town of Marana comprehensive fee schedule adopted via
Ordinance No. 2021.008, as previously amended, is hereby amended (with deletions
shown with strikeouts and additions shown with double underlining) (only amendments
to the fee schedule are shown; the remainder of the fee schedule is unchanged):
Fee/Description Amount Unit of
Measure
Notes
DEVELOPMENT SERVICES:
ENGINEERING
Right-of-Way permit, base fee $ 250.00 Per permit Includes basic ROW access,
traffic control review, pothole
location review, and hauling
within ROW of 7 or more
trucks. Town projects subject
to provisions of Marana ORD
2016.002. Driveways
constructed concurrent with a
custom home Type 1 grading
permit are exempt from ROW
fees
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August 1, 202
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00090116.DOCX /2
Ordinance No. 2023.022 - 2 -
Fee/Description Amount Unit of
Measure
Notes
Right-of-Way Permit;
Construction Plan Check Fee
$200
2% cost of
construction
Per submittal Not applicable when plans are
reviewed through the
Development Services
process. Town projects subject
to provisions of Marana ORD
2016.002.
Right-of-Way Permit; Weekly
Inspection Fee
General
Construction:
Greater of 2% of
construction cost or
$200.00 per week
Utility Construction:
up to 200 linear feet
- $150.00; 201 to
750 linear feet -
$300.00; 751 to
2,000 linear feet -
$600.00; 2,001
linear feet and up -
$1,200.00
Aerial Utility
Construction:
$150.00
Per submittal Calculated on construction in
ROW costs, does not apply if
no construction. Includes two
inspections per week and
close-out inspection (not
applied to every permit). Town
projects subject to provisions
of Marana ORD 2016.002
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 this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. Since it is necessary for the preservation of the peace, health and
safety of the Town of Marana that this ordinance become immediately effective, an
emergency is hereby declared to exist, and this ordinance shall be effective immediately
upon its passage and adoption.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
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00090116.DOCX /2
Ordinance No. 2023.022 - 3 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 18 of 163
Council-Regular Meeting C2
Meeting Date:08/01/2023
To:Mayor and Council
Submitted For:Jennifer Flood, Public Works Deputy Director
From:Jane Fairall, Town Attorney
Date:August 1, 2023
Strategic Plan Focus Area:
Proactive Public Services
Strategic Plan Focus Area Additional Info:
Foster an open atmosphere that embraces change, creativity, innovation and calculated
risk, and maintains the Town’s high quality customer service.
Subject:Ordinance No. 2023.023: Relating to Traffic and Highways; amending
Town Code Title 12 (Traffic and Highways), Chapter 12-7
(Construction in Town Rights-of-Way); revising section 12-7-5 (Permit
Process; grounds for denial) to revise permit application requirements;
and declaring an emergency (Jennifer Flood)
Discussion:
Town Code Chapter 12-7 governs construction in Town right-of-way. It requires any
person, contractor, firm, utility company or corporation desiring to dig any hole, drain,
trench or ditch in any public right-of-way or desiring to construct, remove or change
any public improvement in any public right-of-way, or desiring to cut, trench, pothole
or excavate any public right-of-way, or desiring to use any public right-of-way for
traffic control, construction haul routes, landscape maintenance, maintenance of
underground facilities or temporary parking, to first apply for and obtain a permit
from the town engineer.
Section 12-7-5 sets forth the application requirements for a right-of-way permit and
requires that all applicants post a bond in an amount equal to the cost of construction
for all required improvements plus 15% to ensure completion of the proposed work.
This proposed ordinance will eliminate the bonding requirement. Public infrastructure
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 19 of 163
is permitted through Development Engineering and Development Services, which
require bonds already for improvements in the public right-of-way for residential and
commercial installations. Other right-of-way permits are typically not public
infrastructure improvements that will be released to the Town of Marana for
maintenance, for example, utility installations and pavement cuts. Town staff also
researched other jurisdictions' right-of-way permitting processes and found that others
are not requiring bonding for right-of-way permits. Based on these factors, Town staff
determined that requiring bonds for right-of-way permits is not necessary and results
in increased expense for applicants and increased administrative burden for the Town.
Staff Recommendation:
Staff recommends approval of the ordinance.
Suggested Motion:
I move to adopt Ordinance No. 2023.023, amending Town Code Title 12 (Traffic and
Highways), Chapter 12-7 (Construction in Town Rights-of-Way); revising section
12-7-5 (Permit Process; grounds for denial) to revise permit application requirements;
and declaring an emergency.
Attachments
Ordinance No. 2023.023
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 20 of 163
00090115.DOCX /2
Ordinance No. 2023.023 - 1 -
MARANA ORDINANCE NO. 2023.023
RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TOWN CODE TITLE 12
(TRAFFIC AND HIGHWAYS), CHAPTER 12-7 (CONSTRUCTION IN TOWN RIGHTS-
OF-WAY); REVISING SECTION 12-7-5 (PERMIT PROCESS; GROUNDS FOR DENIAL)
TO REVISE PERMIT APPLICATION REQUIREMENTS; AND DECLARING AN
EMERGENCY
WHEREAS the Town Council is authorized by A.R.S. § 9-240 to exercise exclusive
control over the streets, alleys, avenues and sidewalks of the town; and
WHEREAS on January 22, 2008, the Town Council adopted Ordinance No.
2008.04, adding Chapter 12-7 “Construction in Town Rights-of-Way” to the Marana
Town Code, which chapter has been amended from time to time; and
WHEREAS the Town Council finds that revision of the regulations for
construction in Town rights-of-way as set forth in this ordinance 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, as follows:
SECTION 1. Marana Town Code Title 12 (Traffic and Highways) is hereby
amended to revise section 12-7-5 (Permit process; grounds for denial) as follows (with
deletions shown with strikeouts):
12-7-5 Permit process; grounds for denial
[No amendments to paragraph A]
B. Before issuance of any permit, each applicant will be required to do all of the
following:
[No amendments to subparagraphs 1 through 5]
6. Post bonds or other cash forms of assurance with the town in an amount
equal to the cost of construction for all required improvements plus 15% to
ensure completion of the proposed work. Third party trust forms of assurance
are not acceptable for work in the public right-of-way.
[No amendments to subparagraph 7 which is hereby renumbered as
subparagraph 6 to conform to these amendments]
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
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00090115.DOCX /2
Ordinance No. 2023.023 - 2 -
[No amendments to paragraphs C through E]
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 this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. Since it is necessary for the preservation of the peace, health and
safety of the Town of Marana that this ordinance become immediately effective, an
emergency is hereby declared to exist, and this ordinance shall be effective immediately
upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 22 of 163
Council-Regular Meeting C3
Meeting Date:08/01/2023
To:Mayor and Council
Submitted For:Jason Angell, Development Services Director
From:Dustin Ward, Development Engineering Division Manager
Date:August 1, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2023-073: Relating to Development; approving a release
of assurances for Los Saguaros at Dove Mountain, Lots 134-239 (Jason
Angell)
Discussion:
Los Saguaros at Dove Mountain, Lots 134-239 is located off of Dove Mountain Blvd.
and Los Saguaros Drive. The final plat was recorded in the Pima County Recorder's
Office on April 8, 2016, at Sequence Number 20160990155.
The town has a substitute third-party trust assurance agreement assuring the
completion of improvements needed to serve the subdivision. The subdivider has
completed the improvements serving Los Saguaros, Lots 134-239 acceptable to Town
standards in accordance with the assurance agreement.
If approved, this resolution will release the Los Saguaros, Lots 134-239 assurances.
Staff Recommendation:
Staff recommends adoption of Resolution No. 2023-073.
Suggested Motion:
I move to adopt Resolution No. 2023-073, approving a release of assurances for Los
Saguaros at Dove Mountain, Lots 134-239.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 23 of 163
Attachments
Resolution No. 2023-073
Location Map
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 24 of 163
Resolution No. 2023-073 - 1 - 07/08/2023
MARANA RESOLUTION NO. 2023-073
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR LOS
SAGUAROS AT DOVE MOUNTAIN, LOTS 134-239
WHEREAS the final plat for “Los Saguaros at Dove Mountain, Lots 134-239 and Common
Areas “A” (Private Streets), “B” (Open Space), “C” (Open Space/Drainage) and “D” (Open
Space/Public Sewer)” was recorded in the Pima County Recorder’s Office on April 8, 2016 at
Sequence 20160990155; and
WHEREAS the Town has a substitute third party trust assurance agreement (the
“Assurance Agreement”) with KL LHB AZ AIV, LLC (the “Subdivider”) and Title Security
Agency, LLC, under Trust No. 202135-S, recorded in the Pima County Recorder’s office on
November 29, 2021, at Sequence 20213330653, assuring the completion of private improvements
for Los Saguaros at Dove Mountain Lots 134-239; and
WHEREAS the Subdivider has completed the improvements for Los Saguaros at Dove
Mountain Lots 134-239 acceptable to Town standards in accordance with the Assurance
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Assurance Agreement is hereby released.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 25 of 163
DEDCA77ON
WE THE UNDERSIGNED, HEJ?E6Y WARRANT THAT WE ARE ALL AND THE ONLY PAR77ES HAWNG
ANY TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE CONSENT TO THE
SUBDIVISION OF SWD LAND IN THE MANNER SHOWN HEREON UTILITY AND OTHER EASEMENTS
AS SHOWN HEREON ARE GRANTED TO THE TOWN OF M4RANA PIMA COUNTY, AND ALL
U71LITY COMPANIES FOR THE PURPOSE OF ACCESS, INSTALLATION, AND MAINTENANCE OF
U77LI77ES AND PUBLIC SEWERS AND 07HER USES AS DEFINED BY THIS PLAT
WE, THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY HOLD HARMLESS THE
TOWN OF MARANA, ITS SUCCESSORS, ASSIGNS, THEIR EMPLOYEES, OFFICERS, AND AGENTS
HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF SAID LANDS
NOW AND IN THE FV7URE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED
BY WATER, WHETHER SURFACE, FLOOD OR RAINFALL. IT IS FURTHER UNDERSTOOD AND
AGREED THAT NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED
WITHOUT THE WRI77EN APPROVAL OF THE MARAN4 TOWN COUNCIL.
COMMON AREAS "A'* "B" AND " C," AS SHOWN HEREON, ARE RESERVED FOR THE PRIVATE USE
AND CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS SUBDIWSION, THEIR GUESTS AND
INVITEES, AND ARE GRANTED AS EASEMENTS TO THE TOWN OF MARANA, PIMA COUNTY, AND
ALL UTILITY COMPANIES FOR THE PURPOSE OF ACCESS, INSTALLA71ON AND MAINTENANCE OF
UTILITIES AND PUBLIC SEWERS. COMMON AREA "D," AS SHOWN HEREON, IS IRREVOCABLY
GRANTED AS AN EASEMENT TO PIMA COUNTY FOR ACCESS, INSTALLATION, CONSTRUCTION,
M41NIDVANCE AND REPLACEMENT OF THE PUBLIC SEWERS. TITLE TO THE LAND OF ALL
COMMON AREAS SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL LOT OWNERS AS
ESTABLISHED BY THE ANNEXA77ON AND PARCEL DECLAR47ION AS TO THE GALLERY AT DOVE
MOUNTAIN, RECORDED IN DOCKET 121JJ AT PACE 6297 IN THE OFFICE OF THE PIMA COUNTY
RECORDER. EACH AND EVERY LOT OWNER WITHIN THE SUBDIVISION SHALL BE A MEMBER OF
THE ASSOCIATION, WHICH WILL ACCEPT ALL RESPONSIBIL17Y FOR THE CONTROL, MAINTENANCE,
SAFETK AND L14BILITY OF ALL COMMON AREAS WITHIN THIS SUODIWSION, AS SHOWN HEREON.
STEWART TITLE & TRUST OF TUCSON
AN ARIZONA CORPORATION AS TRUSTEE UNDER TRUST NUMBER J720
AND NOT IN ITS CORPORATE CAPACITY
BENEFICIARY
TORTOLITA PROPERTIES, L.L.C.
6125 E INDIAN SCHOOL ROAD, 12000, SCOTTSDALE, AZ 85251
F.!R"l oklm
ASSURANCE IN THE FORM OF A THIRD PARTY TRUST AGREEMENT SIATI, 4, LZOST
OF TUCSON, TRUST NO. 3720, AS RECORDED IN SEQUENCE NO in
HAS BEEN PROVIDED TO GUAAANTEE DRNNAGE AND STREET IMPROVEMENTS (INCLUDING
MONUMENTS) AND 77Y IMPROVEMENTS ( ELECTRIC, TELEPHONE, GAS, SEWER AND WATER) IN
THIS SUBDIWS N
BY- OATE: *; -7 $0 S11
TOWN OF MARANA
ASSUFIED WATER SUPPLY
THIS SUBDIVISION LIES WITHIN AN AREA DESIGNATED AS H4VING AN ASSURED WATER
SUPPLY rungo1v mrrl? w11- L rifa v1pr wwrfR giRvIa ra rwlf
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ChrY a, -c rl,1C90A'1 WWrrR.VfPX9'rM5Nr
a) County of Recordation PIMA NIP ad pued - 14 45 d,
41b) Date of Recording 04/08/2016
c) Fee/Recording Number 20160990155
GENEFML N07ES
1. THE GROSS AREA OF THIS SUBDIWSION IS 44.4 ACRES (1,935,318 S.F).
2. THE TOTAL NUMBER OF LOTS IS 106.
J. THE TOTAL AREA OF COMMON AREA `A- (PRIVATE STREETS) IS 6.0 ACRES (263,465.2 S.F.)
THE TOTAL AREA OF COMMON AREA -8- (OPEN SPACE) IS 5.2 ACRES (229,742.0 S.F)
THE TOTAL AREA OF COMMON AREA -C- (OPEN SPACEIDRAINAGE) IS 4.5 ACRES (196,259 S.F)
THE TOTAL AREA OF COMMON AREA -D- (OPEN SPACEISEWER) IS 0.1 ACRES (4,811 S.F.)
4. TOTAL MILES OF NEW PRIVATE STREETS IS 1.0.
5. MINIMUM ALLOWABLE LOT SIZE IS 6,000 SF (PER DOVE MOUNTAIN SPECIFIC PLAN).
MINIMUM PROVIDED LOT SIZE IS 10,404 SF (LOT 199).
AVERAGE LOT SIZE IS 11,711 SF.
MAXIMUM LOT SIZE PROWDED IS 21,229 SF (LOT 1171 NOT A RESTRICTION).
MAXIMUM ALLOWABLE BUILDING HEIGHT 35' FT FOR `LDR
6. THE BUILDING SETBACKS ARE AS FOLLOWS
FRONT- 20 FEET
SIDE. 5 FEET
REAR: 15 FEET
CORNER. 20 FEET
7 THERE WILL BE 2 PARKING SPACES PROVIDED FOR EACH LOT ON-SITE, OFF-STREET
8. THIS PROJECT SHALL COMPLY WITH THE CONDITIONS SET FORTH IN THE DOVE MOUNTAIN SPECIFIC PLAN
APPROVED ON J128100, PER ORDINANCE 2000.04, AND AS AMENDED ON 7116102 PER ORDIN4NCE 2002.1J.
9. THE EXIS71NG LAND USE DESIGNATIONS ARE "LOR" IN ACCORDANCE WITH THE DOVE MOUNTAIN SPECIFIC
PLAN AND MLL REMAIN.
10. THE GROSS DENSITY FOR THIS PROJECT IS 2.38 RAC.
11. NO FURTHER SUBDIVIDING OR LOT SPLITTING SHALL BE DONE WITHOUT THE WR17TEN APPROVAL OF THE
TOWN OF 94RANA MAYOR AND COUNCIL.
12. APPROVAL OF THIS PLAT DOES NOT AFRRM, CERTIFY OR APPROVE ANY LAND DIVISION THAT MAY BE
CONTRARY TO STATE LAW, NOR DOES IT CER77FY THE EXISTENCE OF, OR COMPLIANCE WITH, ANY DEED
RESTRICTIONS OR EASEMENTS.
IJ MATER14LS OR IMPROVEMENTS PLACED ANDIOR MAINTAINED WITHIN THE SIGHT -VISIBILITY TR14NGLES SHALL
BE LOCATED SO AS NOT TO INTERFERE WITH A VISIBIL17Y PLANE DESCRIBED BY AN AREA MEASURED
BETWEEN 30 INCHES AND 72 INCHES IN HEIGHT ABOVE THE FINISHED GR40E OF THE ADJACENT ROADWAY
SURFACE.
14. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE AND FUNC71ON OF ALL
PRIVATE ROADWAYS AND PRIVATE DRAINAGE STRUCTURES BEFORE THE RELEASE OF ASSURANCES.
15. THE AREA BETWEEN 100 -YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING
FROM A 100 -YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT
ARE COMPATIBLE WITH THE FLOOD PLAIN MANAGEMENT AS APPROVED BY THE FLOOD PLAIN ADMINISTRATOR.
16. BASIS OF BEARING FOR THIS PROJECT IS THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION
2J, T -11-S, R -12-E, AS SHOWN ON THE FIA14L PLAT OF DOS LAGOS AT DOVE MOUNTAIN, LOTS
1-91, AS RECORDED IN BOOK 57 OF MAPS & PLATS AT PAGE 43, 5AI0 BEARING BEING N89*59'18"E.
SEE DETAIL, SHEET 15.
1Z THIS SUBDIVISION IS SUBJECT TO THE MASTER DELCARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR DOVE MOUNTAIN AS RECORDED IN DOCKET 10660 AT PACE 1083.
18. ALL NEW AND EXISTING U17LITIES EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 46 KV OR GREATER,
AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTRUE ELECTRICAL TliANSMISSION
CORRIDORS, W17HIN OR CONTIGUOUS TO THE SITE, SHALL BE PLACED UNDERGROUND
19. THE LANDSCAPING WITHIN ALL PUBLIC SEWER EASEMENTS SHALL BE IN ACCORDANCE WITH THE LANDSCAPE
AND PLANTING GUIDELINES FOR PUBLIC SEWERS OF THE ENGINEERING DESIGN STANDARDS 2012,
SUBSECTION 7. 7
9.08 SAGUAROS AT DOVE
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REGISTERED LAND SURVEYOR NO 26928
STATE OF ARIZONA
EXPIRES: 3/31/2017
BY. // yv4tE--17- I - 11.5-M
M --&NNWAR4NAPNG DIRECTOR DATE
fi, C . '9 vT , 1, J=rlu — OWN OF MARANA, CLERK OF THE T
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PIMA COUNTY REGIONAL WASTEWATER DA TE
RECLAMATION DEPARTMENT
RECORDING DATA
STATE OF ARIZONA 1S.S.
FEE 46 1, 00
COUNTY OF PIMA SEQUENCE NO. A01(609UIT
G&SRB&M, TOW OF MARAN4, PIAM COUNTY, ARIZONA
LOCA77ON PLAN
R
THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF 84KER AND ASSOC14TES P MA
ENGINEERING, INC., ON THIS lj!b DAY OF Ap-l-I'l —, 20 lk-, AT WQZ&M. IN CO N
SEQUENCE NO. THEREOF.
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F -- M -N-19 DA TE FWAL P"T for
PIMA COUNTY RECORDER BY DEPUTY I nQ 0 A rW iA CV -10 A 7- rV-IV= lArV IMTA PJ I fITC 1#IA- OqO
FOR EXTERIOR BOUNDARY ONLY EXP-IRES: 3/31/2,017
AND COMMON AREAS ffA'p (PRIVATE 7 'wB'v (OPEN SPACE),
Cl (OPEN SPACEIDRAINAGE) AND *Dv (OPEN SPACEIPUBLIC SEWER)
BEING A RESUODIVISION OF BLOCK "7" OF LOS SAGUAROS AT DOVE MOUNTAIN, LOTS 1 - 133,
COMMON AREAS "A." "B" AND "E" (PRIVATE STREETS), "C" AND "F" (OPEN SPACEIDRAINAGE)
D" (LANDSCAPE10PEN SPACE), "G" (OPEN SPACE) AND BLOCKS "1" THROUGH "7"
AS RECORDED IN SEQUENCE NO. 20121640199, LYING IN SECTION 22,
T11S,'Rl2E, G&SRBM, TOWN OF MARANA, PIMA COUNTY, ARIZONA
Baker & Associates Engineering, Inc.
3561 E. Sunfise Drive, Sufte#225 Tucson, Arizona 85718 (520) 318-1950 Fax (520) 318-1930
PRV-14"cl-1-001 REF.: #PRV-1 407-002; PRV4= 4; JOB 42253.3 MAY 6,2015 SHEET 1 OF 8
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LEGEND
A SET SURVEY MONUMENT (TAGGED -RLS22245-) - SEE ALSO BASIS OF
BEARING, SHEET 15 OF 5
A SURVEY MONUMENT TO BE SET PER TOWN OF M4AANA STD. D7L. M- 103B
BOUNDARY CORNER TO BE SET (TAGGED -RLS26928-)
OR PROPERTY CORNER TO BE SET 'BY A REGISTERED LAND SURVEYOR
SUBDIVISION BOUNDARY
C23 CURVE DATA (SEE SHEET 16)
L10 LINE DATA (SEE SHEET 13)
ADDRESSINGIACCESS LOCATION
NEW RIGHT-OF-WAY LINE
plW- EXISTING RIGHT-OF-WAY LINE
STREET CENTERLINE
NEW OR EXIS71NO EASEMENT LINE AS SHOWN (SEE ALSO -EASEMENT
KEYNOTES," SHEETS 12 - 18)
DEVELOPED ( OR EXISTINGIDEVELOPED) 100 YEAR FLOODPRONE LINE ("FP.L-)
DEVELOPED EROSION SETBACK LINE (E.S.L.
FEMA FLOODPRONE LINE (IFEW)
SvT SIGHT VISIBILITY TRIANGLE EASEMENT AREA (SEE -EASEMENT
KEYNOTES,- SHEETS 12 - 18)
R) RADIAL
IZICOMPOSITE DETAIL PAGE INDEX
R
THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF 84KER AND ASSOC14TES P MA
ENGINEERING, INC., ON THIS lj!b DAY OF Ap-l-I'l —, 20 lk-, AT WQZ&M. IN CO N
SEQUENCE NO. THEREOF.
q / z 6
F -- M -N-19 DA TE FWAL P"T for
PIMA COUNTY RECORDER BY DEPUTY I nQ 0 A rW iA CV -10 A 7- rV-IV= lArV IMTA PJ I fITC 1#IA- OqO
FOR EXTERIOR BOUNDARY ONLY EXP-IRES: 3/31/2,017
AND COMMON AREAS ffA'p (PRIVATE 7 'wB'v (OPEN SPACE),
Cl (OPEN SPACEIDRAINAGE) AND *Dv (OPEN SPACEIPUBLIC SEWER)
BEING A RESUODIVISION OF BLOCK "7" OF LOS SAGUAROS AT DOVE MOUNTAIN, LOTS 1 - 133,
COMMON AREAS "A." "B" AND "E" (PRIVATE STREETS), "C" AND "F" (OPEN SPACEIDRAINAGE)
D" (LANDSCAPE10PEN SPACE), "G" (OPEN SPACE) AND BLOCKS "1" THROUGH "7"
AS RECORDED IN SEQUENCE NO. 20121640199, LYING IN SECTION 22,
T11S,'Rl2E, G&SRBM, TOWN OF MARANA, PIMA COUNTY, ARIZONA
Baker & Associates Engineering, Inc.
3561 E. Sunfise Drive, Sufte#225 Tucson, Arizona 85718 (520) 318-1950 Fax (520) 318-1930
PRV-14"cl-1-001 REF.: #PRV-1 407-002; PRV4= 4; JOB 42253.3 MAY 6,2015 SHEET 1 OF 8
ENG101Z 006; ENG1203-002
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Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 26 of 163
Council-Regular Meeting C4
Meeting Date:08/01/2023
To:Mayor and Council
Submitted For:Jason Angell, Development Services Director
From:Dustin Ward, Development Engineering Division Manager
Date:August 1, 2023
Strategic Plan Focus Area:
Not Applicable
Strategic Plan Focus Area Additional Info:
Subject:Resolution No. 2023-074: Relating to Development; approving a release
of assurances for Saguaro Ranch II, Lots 53, 54, 55, 56, and 57 (Jason
Angell)
Discussion:
Saguaro Ranch II, Lots 53, 54, 55, 56, and 57 are located north of Thornydale Road and
Moore Road along Old Ranch House Road. The final plat was recorded in the Pima
County Recorder's Office on June 22, 2021, at Sequence Number 20211730184.
The Town has a cash assurance agreement assuring the completion of improvements
needed to serve Saguaro Ranch II, Lots 53, 54, 55, 56, and 57, and the portion of
Common Area “A” designated as “Ranheim Place.” The subdivider has completed the
improvements serving Saguaro Ranch II, Lots 53, 54, 55, 56, and 57 acceptable to town
standards in accordance with the assurance agreement.
If approved, this resolution will release the Saguaro Ranch II, Lots 53, 54, 55, 56, and 57
assurances.
Staff Recommendation:
Staff recommends the approval of Resolution No. 2023-074.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 27 of 163
Suggested Motion:
I move to adopt Resolution No. 2023-074, approving a release of assurances for
Saguaro Ranch II, Lots 53, 54, 55, 56, and 57.
Attachments
Resolution No. 2023-074
Location Map
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 28 of 163
Resolution No. 2023-074 - 1 - 04/13/2020
MARANA RESOLUTION NO. 2023-074
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR
SAGUARO RANCH II, LOTS 53, 54, 55, 56, AND 57
WHEREAS the final plat for Saguaro Ranch II Lots 50, 51, & 53-65, Parcel “A” &
Common Areas “A” & “B” was recorded in the Pima County Recorder’s Office on November 9,
2006 at Sequence 20062170590; and
WHEREAS the Town has a substitute cash assurance agreement (the “Assurance
Agreement”) with Saguaro Property Development, LLC (the “Subdivider”) and The Town of
Marana, recorded in the Pima County Recorder’s office on June 22, 2021 at Sequence
20211730184, assuring the completion of private improvements for Saguaro Ranch II, Lots 53,
54, 55, 56, and 57; and
WHEREAS the Subdivider has completed the improvements for Saguaro Ranch II, Lots
53, 54, 55, 56, and 57 acceptable to Town standards in accordance with the Assurance Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Assurance Agreement is hereby released.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 29 of 163
DEDICA TION
THE UNDERSIGNED, HEREBY WARRANT THAT I AM ALL AND THE ONLY PARTY HAVING
ANY INTEREST IN THE LAND SHOWN ON THIS PLAT, AND I CONSENT TO
SUBDIVISION OF SAID LAND IN MANNER SHOWN HEREON.
I. THE UNDERSIGNED. HEREBY GRANT TO THE TOWN OF MARANA. PIMA COUNTY.
AND ALL UTILITY COMPANI ALL PUBLIC EASEMENTS AS SHOWN HEREON.
PUBLIC EASEMENTS AS SHOWN HEREON ARE GRANTED FOR THE PURPOSE OF
INSTALLATION AND MAINTENANCE UTILITI AND PUBLIC
BY THIS PLAT.
I. THE UNDERSIGNED. MY SUCCES AND IGNS. DO HEREBY THE TOWN OF
MARANA. I SUCCESSORS AND ASSIGNS. THEIR S. OFFI . AND AGENTS
HARML FROM ANY AND ALL CLAIMS FOR DAMAGES ATED TO THE USE ID
LANDS NOW AND IN THE FUTURE BY ASON FLOODING, OWAGE. ION,
DAMAGE CAUSED BY WATER. WHETH SURFACE, FLOOD. OR RAINFALL. IT IS FURTH
UNDERSTOOD AND AGREED THAT NATURAL DRAINAGE SHALL NOT AL D. DI
OR OBSTRUCTED WITHOUT APPROVAL OF THE MARAN A TOWN COUNCIL.
COMMON AREAS SHOWN HEREON. ARE RESERVED FOR THE PRIVATE AND
CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION. THEIR
AND INVI ,AND ARE GRANTED AS EASEMENTS TO THE TOWN OF MARANA, PIMA COUNTY
AND ALL UTILITY COMPANIES FOR THE ACCESS. INSTALLATION AND MAINTENANCE
UNDERGROUND UTILITI AND PUBLIC . TITLE TO THE LAND OF ALL COMMON
AREAS SHALL VESTED IN AN ASSOCIATION INDIVIDUAL LOT OWNERS AS ESTABLISHED
BY THAT CERTAIN AMENDED AND RESTATED COVENANTS, CONDITIONS, STRICTIONS AND
EASEMENTS FOR SAGUARO RANCH RECORDED IN DOCKET 1 AT PAGE SUPPL
BY THAT CERTAIN SUPPLEMENTAL DECLARATION RECORDED IN DOCKET AT PAGE
OTHER THAN LOT 50) IN THE OFFI OF THE PIMA COUNTY RECORDER. EACH AND EVERY lOT
OWNER WITHIN THE SUBDIVISION SHALL A MEMBER OF THE ASSOCIATION. WHICH WILL
ACCEPT ALL RESPONSIBILITY FOR THE CONTROL. MAINTENANCE. SAFETY, AND LIABILITY
OF THE COMMON AREAS. PRIVATE DRAINAGEWAYS. PRIVATE RECREATIONAL TRAIL EASEMENTS
AND PRIVATE HORSEBACK RIDING TRAIL EASEMENTS WITHIN THIS SUBDIVISION. AS SHOWN HEREON.
BY: TITLE SECURITY AGENCY OF ARIZONA. AN ARIZONA CORPORATION.
AS TRUSTEE UNDER TRUST NUMBER 1 (LOT 51. PORTION OF PARCEL HAil AND
COMMON AREA "All BK 57. PG )
TRUST OFFICER
PURSUANT TO A.R.S. ION 33-404(B). THE NAME AND ADDRESS OF THE BENEFICIARY OF
TRUST NO. 773 DESCRIBED ABOVE AS DISCLOSED BY THE RECORDS OF SAID TRUST IS:
SAGUARO RANCH DEVELOPMENT CORPORATION.
AN ARIZONA CORPORATION
PO BOX # 70207
TUCSON. AZ 85131-0030
PHONE: (520) 498-2300
STATE OF ARIZONA}
SS.
COUNTY OF PIMA
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THI DAY 2006.
BY , OF TITLE SECURITY AGENCY OF ARIZONA, AS TRUSTEE
UNDER TRUST NO. 773.
NOTARY PUBLIC M
BY: TITLE SECURITY AGENCY OF ARIZONA. AN ARIZONA CORPORATION.
AS TRUSTEE UNDER TRUST NUMBER 787.(LOT 50 AND BLOCK 1)
TRUST OFFICER
PURSUANT TO A.R.S. SECTION 33-404(8). THE NAME AND ADDRESS OF THE BENEFICIARY OF
TRUST NO. 787 DESCRIBED ABOVE AS DISCLOSED BY THE RECORDS OF SAID TRUST IS:
SAGUARO RANCH INVESTMENTS, LLC.
AN ARIZONA LIMITED lIABILITY COMPANY
C/O: SAGUARO RANCH DEVELOPMENT CORPORATION
PO BOX # 70207
TUCSON, AZ 85737-0030
PHONE: (520) 498-2300
STATE OF ARIZONA}
SS.
COUNTY OF PIMA
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THI DAY , 2006.
BY , OF TITLE SECURITY AGENCY OF ARIZONA. AS TRUST E
UNDER TRUST NO. 787.
1745 RIVER ROAD. SUITE 101
TUCSON, AZ 85718
520.795,1000
FAX) 520.322.6956
ENGINEERING COMPANY
I l1li1l1li1
TU<:$OIl"""'!ii'.q Pho~l:llx . San Diego Riverside
rlcken gfneerin g.com
Orange Sacramento
o DICA TION (CONTINUED)
BY: CITY OF TUCSON, A MUNICIPAL CORPORATION (PORTION HAil)
OF ARIZONA}
COUNTY OF PIMA
F ING INSTRUMENT WAS ACKNOWL
BY CI TUCSON, A MUNICIPAL CORPORATION.
BENEFI IARY
KENNEDY FUNDING, INC. A NEW JERSEY CORPORATION AND
ANGLO-AMERICAN FINANCIAL LLC, A DELAWARE LIMITED
LIABILITY COMPANY
CONSENT TO
PER DOCK
INSTRUMENT
BASIS OF BARING
THE BASIS OF ING IS THE WE
TOWNSHIP 11 SOUTH, RANGE 13
SURVEY RECORDED IN BOOK 26 AT
SAID ARING ING NOooOO'09 .
LI THE NORTHWEST QUARTER OF
G&SRM, ARIZONA. SHOWN ON
12, RECORDS PIMA COUNTY, ARIZONA.
ATER ADEQUACY
THIS DEVELOPMENT LI WITHIN AN A IGNATED HAVING AN ASSURED WATER
SUPPLY.
UTILITY DIRECTOR - TO N OF MARANA
ASSURANCES
ASSURANCES IN THE FORM OF A THIRD PARTY TRUST AGREEMENT, TRUST NUMBER
TITLE SECURITY AGENCY OF ARIZONA, AS RECORDED IN DOCKET PAGE HAVE
BEEN PROVIDED TO GUARANTEE DRAINAGE AND STRE IMPROVEMENTS (INCLUDING MONUMENTS)
AND UTILITY IMPROVEMENTS ( ECTRIC. TELEPHONE, GAS, , WATER) IN THIS
SUBDIVISION.
MARANA APPROVAL
TOWN OF MARANA SUBDIVISION ENGINEER
PLANNING DIRECTOR
CLERK OF THE TOWN OF MARANA. H
Y THE MAYOR AND COUNCIL THE TOWN
2006
iIIl"_ _____~~nllll_
R CORDIN DATA
FEE
18
19 CANYON PASS AT
DOVE MTN 1-48
BK 51, PG 86
TOWN OF MARANAARIZONA }
COUNTY OF PIMA SEQ NO.
THIS INSTRUMENT WAS F
INC. ON THIS DAY
OF MAPS AND PLATS AT
E REQUEST RICK ENGINEERING
2006, AT IN
THEREOF.
UNSUBDIVDED
DOVE MOUNTAIN
SPECIFIC PLAN
24 19
25 30
F. ANN RODRI
PIMA COUNTY RECORDER
CERTIFICA TION 0 SURV Y
LLI
Vi
LLi
THIS
PROJECT
ro
I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS
PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING AND/OR PROPOSED
SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. I
FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION.
25 30
36 31
l_Ll
J
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0:::
o
J=
SCALE:
3 1 MI LE
29
32
DOUGl E. SCHNEIDER R.L.S. 11479
I HEREBY CERTIFY THAT THE 100-YEAR FLOOD PRONE LIMI AND EROSION HAZARD
SETBACKS AS SHOWN ON THIS PLAT WERE PREPARED UNDER MY SUPERVISION.LOCATION MAP
SECTION 20, T 11 S. R 13 E
G & SRM
TOWN OF MARANA
PIMA COUNTY, ARIZONA
DAVID G. LAREDO P.E. 40063
LEGEND
NEW BCSM TO BE
LAND SURVEYOR.
NEW BCSM TO BE SET BY REGISTERED LAND SURVEYOR
PER BK 51, PG 57 M&P BY REGISTERED
GENERAL NOTES
1. THE GROSS AREA OF THIS DEVELOPMENT IS 129. 6 AC; 5.634,164 SF
COMMON AREA HAil - PRIVATE STREETS/PUE 3.08 AC; 134.403 SF
COMMON AREA "BII - PRIVATE INGRESSI
AND PUBLIC UTILITY 0.76 AC; , 1
PARCEL IIAH ADJACENT TO CITY OF TUCSON WATER 0.28 AC: 12.135 SF
THE NET AREA OF THIS SUBDIVISION IS 1 , AC; 5.455,305 SF
THE RAC FOR THIS DEVELOPMENT IS 0.12.
2. THE ZONING FOR THIS PROJECT IS RD-180.
3. THE TOTAL NUMBER OF RESIDENTIAL LOTS IS 15. LOT 50 IS A PROPOSED SI
FOR A GUE RANCH.
4. THE DEVELOPER WILL COVENANT TO HOLD TOWN OF MARANA. ITS SUCCESSORS AND
ASSIGNS. HARML IN THE EVENT OF FLOODING.
5. DRAINAGE WILL NOT ALTERED. DISTURBED. OR OBSTRUCTED WITHOUT THE
APPROVAL OF THE TOWN OF MARANA.
6. DRAINAGEWAYS SHOWN ON THIS PLAT ARE TO CONSTRUCTED ACCORDING TO
APPROVED PLANS PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS FROM THE
TOWN OF MARANA.
7. SAGUARO RANCH PROPERTY OWNERS ASSOCIATION, INC.. AN EXISTING PROPERTY
OWNERS ASSOCIATION. WILL ACCEPT RESPONSIBILITY FOR MAINTENANCE. CONTROL,
SAFETY AND LIAB LITY OF PRIVATE DRAINAGE WAYS. DRAINAGE EASEMENTS, AND
COMMON AREAS.
8. THE AREA WITHIN THE 100-YEAR FLOOD LIMITS SENTS AN AREA THAT MAY
BE SUBJECT TO FLOODING DURING A 100-YEAR FLOOD. ALL LAND USE IN THIS
AREA SHALL RESTRICTED TO USES THAT HAVE BEEN APPROVED BY THE
FLOODPLAIN ADMINISTRATOR.
9. ALL ROADS AND DRAINAGE IMPROVEMENTS WITHIN OR ADJACENT TO THIS
SUBDIVISION SHALL CONSTRUCTED ACCORDING TO PLANS AS REVIEWED AND
APPROVED BY THE TOWN OF MARANA.
10. ALL REQUIRED PARKING WILL BE OFF STREET. ON SI .
MONUMENT TO BE SET BY REGISTERED LAND SURVEYOR
o 1/2' REBAR TAGGED HRLS 11479" OTHERWISE SURVEY MONUMENT AS NOTED
SUBDIVISION BOUNDARY
PROPERTY LINE
EASEMENT BOUNDARY
1~~3
23Y24 SECTION CORNER
100-YEAR FLOOD PRONE LIMIT
EROSION HAZARD SETBACK (EHS) LIMIT
1Ir ACCESS POINT (FOR ADDRESSING PURPOSES ONLY)
ill III 111-
JURISDICTIONAL BOUNDARY
ACP ALUMINUM CAPPED PIN
BC BRASS CAP (DISK)
R.O.S. INDICATIES RECORD OF SURVEY RECORDED
IN PIMA COUNTY RECORDS PER BOOK AND
PAGE INDICATED
IS 15 MPH. THE DESIGN VEHICLE IS11. THE DESIGN SPEED FOR THIS
WB-40.
12. THE WATER COMPANY THAT WILL SERVI THIS SUBDIVISION IS TUCSON WA R.
THIS SUBDIVISION LIES WITHIN AN AREA DESIGNATED AS HAVING AN ASSUR"D
WATER SUPPLY.
13. APPROVAL OF THIS PLAT DOES NOT AFFIRM. CERTIFY OR APPROVE ANY LAND
DIVISION THAT MAY BE CONTRARY TO STATE LAW. NOR DOES IT CERTIFY THE
EXISTENCE OF COMPLIANCE WITH ANY DEED RESTRICTIONS OR EASEMENTS.
14. DUE TO THE DESIGNED ACCESS RESTRICTIONS, ALL BUILDINGS IN THIS PROJECT
WILL REQUIRE FIRE SPRINKLERS DESIGNED TO THE APPROPRIATE STANDARD. ANY
BUILDING WITH ACCESS GREATER THAN 1 GRADE, ACCE EXCEEDING 150 FE
IN LENGTH FROM THE ROADWAY TO ALL PORTIONS THE EXTERIOR OF THE
STRUCTURE OR ACCE WITH WIDTH OF L S THAN 12 AT ANY POINT SHALL
EVALUATED BY NORTHWEST FIRE DISTRICT'FOR FIRE PROTECTION MEASURES IN
ADDITION TO AUTOMATIC FI SPRINKLERS.
15. AN ALL WEATHER ACCESS ROAD SHALL INSTALLED AND SERVICEABLE PRIOR TO
THE INTRODUCTION OF COMBUSTIBLE CONSTRUCTION MATERIALS ON SITE.
FINAL PLA T FOR
U
LOTS 50, 51, & 53-6,? '" PA
COMMON AREAS A &
A RESUBDIVISION OF LOTS 50 & 51, PARCEL IIAII, BLOCK 1
A PORTION OF COMMON AREA "A"
OF SAGUARO RANCH LOTS 9-52. BLOCKS i. 2. 3. & 4.
PARCEL IIAu. COMMON AREAS "A"&"B"
AS RECORDED IN BOOK 57, PG 51. G & SRM,
fovJN OF MAR ANA , pIMA COUNTY, ARIZONA.
RELATED CASES:
PC -02047
PRV~03072f
PRv-o:2t058f
SHEET /1 OF 10
1*R i lpl 312 31 25 T 006 10: 31
PA E
10,1. dgn
B 0Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 30 of 163
IL
16. FI HYDRANTS CAPABLE FLOW D BY NORTH
FI DISTRICT SHALL INSTALLED. AND SERVICE E PRIOR THE
INTRODUCTION OF COMBUSTI E CONSTRUCTION MATERIALS ON ANY SI .
11. A SIGN IDENTIFYING THE NAME. ADDRESS AND ONE NUMBER THE
BUILDER WELL AS THE LOT NUMBER AND ADDRESS OF THE SI SHALL BE
o IN A MANOR THAT IS VISIBLE AND LEGIBLE FROM THE FI DEPARTMENT
ACCESS ROAD. THIS SIGN SHALL 0 COMMENCING WITH PLACEMENT
OF THE FLOOR AB AND ALL REMAIN UNTIL COMPLETION OF THE FINAL
J CTION.
18. THORNYDALE ROAD IS THE NEARE PAVED ACCE MAINTAINED BY THE TOWN
OF MARANA WHICH S S THIS SUBDIVISION. CONLIN AND RANHEIM
WHICH S THIS SUBOIVISION ARE I S S 0 FROM
OLD RANCH HOUSE ROAD (A PRIVATE ).
19. SEWAGE DISPOSAL FOR LOTS 50, 51. SHALL A PRIVATE
INDIVIDUAL ON I DISPOSAL SY M, AND lOR TO CONSTRUCTION EACH LOT
MUST HAVE A SITE EVALUATION THAT E THE REQUI NTS R18 10
AND THAT IS PERFORMED BY AN ARIZONA REGI 0 PROFE IONAL ENGINEER.
THE T OF AN ALTERNATI MAY SUBSTANTIALLY HIGHER THAN A
CONVENTIONAL DISPOSAL
20. 0 UPON LIMINARY SITE ANALYSIS, ADDITIONAL ATMENT WITH TEXTILE
FI WITH UV DISINFECTION, OR AN APPROVED EQUAL, WILL SSARY TO
OVERCOME THE SI LIMITATIONS ON EACH LOT. THE RNATIVE
SHALL BE SIGNED AN ARIZONA GI D PROFESSIONAL ENGINE . THE
ILE FIL RAND UV DISINFECTION. OR APPROVED EQUIVALENT. SHALL T
ALL APPLICABLE REQUIREMENTS A. A.C. TITLE 18 CH 9 AND SHALL
INCLUDE THE FOLLOWING CRI RIA:
1. PRODUCE FLUENT THAT HAS A OF 15 MG/L, DAY ARITH IC AN.
2. BOD OF 15 . 30 DAY ARITHMETIC MEAN.
3. TOTAL NITROGEN 30 MG/L, 5 MONTH ARITH IC MEAN.
4. TOTAL COLIFORM OF 10 CFU/100 ML.
5. UNIT SHALL INCL MONITORING CAPABILITIES.
6. UV DISINF ION UNIT WITH ALARM. OR APPROVEO EQUIVALENT.
DRIP IRRIGATION DISPOSAL M SHALL
IN R-18 322 FOR CATEGORY.
T THE REQUI MENTS S FORTH
21. TOTAL MILES OF NEW PRIVATE STRE WITHIN THIS IVISION IS 0.69 MIL .
TOTAL MIL OF NEW PUBLIC ET WITHIN THIS SUBDIVISION IS 0.00 MILES.
22. COMMON AREAS AS SHOWN ON THIS PLAT. ARE RESERVED FOR THE IVATE
AND CONVENIENCE OF ALL OWN OF PROPERTY WITHIN THIS IVISION,
THEIR GUESTS AND INVI S, AND GRANTED AS EASE TO PIMA COUNTY
AND ALL UTILITY COMPANIES FOR THE INSTALLATION AND MAINTENANCE OF
UNDERGROUND UTILITIES AND PU IC S
23. THE MINIMUM LOT SIZE IS 180.005 . THE MAXIMUM LOT SIZE IS 8. SF.
THE AVERAGE LOT SI IS 1,301 SF. THE CALCULATIONS EXCLUDE LOT
24. ANY RELOCATION OR MODIFICATION OF EXISTING UTILITI AND/OR IC
1 MPROVEMEN REQUI 0 BY THIS OPMENT WILL AT NO
TO THE PUBLIC.
25. RD-180 VELOPMENT STANDARDS:
MAXIMUM BUILDING HEIGHT = 18'. AN ELEVATOR OR SINGLE CHIMNEY MAY
NOT EXCEED THIS HEIGHT BY THAN AN ADDITIONAL 4'.
MINIMUM LOT WIDTH = 1 '
MINIMUM LOT DEPTH = 200'
SETBACKS: FRONT = 40'
S I = 50'
AR = 50', UNLE THE LOT ABUTS A NON-RESIDENTIAL US
26. NO FURTH LOT ITTING OR SUBDIVIDING WILL
WRITTEN APPROVAL OF THE TOWN OF MARANA.
DONE WITHOUT THE
27. ANNEXATION INTO NORTHWEST FI DISTRI
RESOLUTION OF THE NORTH FI DISTRI
ANNEXATION RECORDED IN DOCKET 12 1
BY RE UTION 16. A
BOUNDARI NORTH THORNYDALE
441
28. DISTURBED AREAS FOR INDIVIDUAL L NOT TO EXC 0 27.000 SQUARE
F . EXCLUDING DRIVEWAYS. TEMPORARY FENCING IS REQUIRED AROUND
AREAS OF DISTURBANCE lOR TO GRADING. ALL NON DISTURBED AS ON
LOTS ARE SUBJ TO A NON DISTURBANCE E . NO GRADING OF L IS
PERMI D PRIOR TO ISSUANCE GRADING
29. PATIO WALLS SHALL NOT CONSTRUCTED ALONG THE R OF THE INDIVIDUAL
LOTS. EXCEPT ON OCCASION TO PROTECT FROM 1 VIEWS OR ADJACENT TRAFFIC
OR HEADLIGHTS; HOWEVER, THEY MAY CONSTRUCTED AT THE BOUNDARY OF THE
GRADING ENVELOPE.
30. NO CUT OR FILL SLOPE SHALL E 15 FE IN HEIGHT. ASURED VERTICALLY
FROM TOP OF SL TO OF . MULTIPLE PITCHES L NOT
EO A TOTAL 15 FEET OF CUT AND 15 FEET FILL.
1745 EAST RIVER ROAD. SUITE 101
TUCSON, AZ 85718
520.795.1000
FAX) 520.322.6956
ENGINEERING COMPANY
Tucson...,.., PhQ~!:)~ San Diego Riverside"
rfcken glneerln g.com
LIl
Orange Sacramento
L 1
SAGUARO RANCH
Lor q~52
81< 51~ PG 51
F!l[o>-lIl C
I
31 ALL S HAVING A HEIGHT THAN 4 FE
ING NATI E A PART OF A TAINED E TH WALL
A ONRY OR C IN ACE RETAINING WALL UNLE
IN ROCK AND A CHNI ENGI RTIFIES THEIR
TAINED EARTH WALL IS CONS THE I TITI
ROCKS SHALL ANTED WITH NATI ANT MATERIAL AND SH L A
MINIMUM INCLUDE ONE NATIVE ANT A TYPE INDI THE SI
EVERY LINEAR FE OF WALL, IN A SI OF NOT LE AN A INCH
IF A ROCK ON A OR MASONRY TAINING L IS USED. A
NATI AT OF A CI INDIGENOUS THE SI ,IN A SI NO LESS
THAN A 24-INCH BOX, SHALL PL 0 RY 20 FEET ONG THE E
WALL. I F THE DIN THE R OR THE FACE A E K
CUT F E IS NOT A INA MATCHING THE SURROUNDING FI 0 , A
STAIN OR A WEATHERING ATMENT SHALL APPLIED TO E ROCK F IF
THE ISTING TATION ON THE L FORDS FECTI S ENI OF THE
TAINING WALL. THE PLANTING R I MAY DUCED UPON APPROVAL
THE TOWN'S PLANNING AND ZONING 01
SCALE: 1" :=: 300/
INDEX AP
I
I
I
I
I
I
I
I
L
I
I
I
50
32. NTS ARE H BY D R AND OF THE L IN THIS
SUBDIVISION FOR THE PURPOSES PRI IONAL TRAIL SAND
PRI H EBACK RIDING TRAILS, AS TH E F ED IN THE
DICATION THIS AT AND IN ARTICLE 2, SE ION 2.5. AND IN ARTI E 6,
SECTION 6.3, THAT IN AMEN 0 AND ION
COVENANTS. CONDITIONS, STRI IONS AND E NTS FOR S ARO RANCH
F D TO IN THE DEDICATION OF THIS AT. SUCH ALL NOT
LOCATED WITHIN THE BUILDING SI S ON THE L THE SIGN
REVIEW BOARD. THE L R SHALL HAVE THE RIGHT TO D AN INSTRUMENT
MODIFYING THE LE IONS THE E HE
THAT THEY EN N ONLY TH E IONS
AF D BY THE ATIONAL TRAIL PATHS AND
RIDING TRAILS
ALL NEW UTILITI AND ALL EXISTING UTILITIES, EX EL I TRANSMISSION
LI S CARRYING KV OR MORE, WITHIN OR CONTI TO THIS SI , SH L
ACED UNDERGROUND.
I
I
I
I
I
I
I
1-----------
I
I
I
I
I
1m
I
If --
II
SA9UARO RANoH
L01' q~52
E1< 51~ P9 51
F!l[o>"1i C
34. FOR CONSTRUCTION AND IMPROVEMEN BY GOVERNMENTAL
C IFIED PUBLIC UTILITI . CONSTRUCTION AND I MEN
SHALL LIMI TO ONLY THE LOWING:
i) WOOD. WI OR E SECTION F ING.
il) CONSTRUCTION. STRUCTURES BUILDIN E S Y D IN WRITING
ALL PU IC UTILITIES AND THE TOWN OF MARANA WHICH E THE UTILITY
EASEMENT.
35.SUBJE TO THE FOLLOWING:
SERVATIONS CONTAINED IN THE PATENT FROM THE UNI
o IN DOCKET 154. 2, ET 640.
DOCKET 9. 1 AND DOCKET 1471. 386.
S ICA
K 679. PAGE 4 .
S I IONS, IONS AND CONDITI
MAPS AND PL
AS T FIN BOOK 5"7.
62 M'_____"'_"'_
ROAD
AND RIGH S FORTH IN DOCKET 12581,
1068.
1 AND DOCK 12 6.
I
I
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I
1- _ _ _ j
61
I
1
1
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1
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LOS 50 \I 51 9 & 53 -6,? t
II
PAR E/~ II A 1/
COMMON AREAS A &
A RESUBDIVISION OF LOTS 50 & 51. PARCEL NAil. BLOCK 1
A PORTION OF COMMON AREA /JAil
OF SAGUARO RANCH LOTS 9-52. BLOCKS 1, 2. 3. & 4,
PARCEL NAI/, COMMON AREAS I/AI/&I/BI/
AS RECORDED IN BOOK 51, PG 57, G & SRM,
roWN OF MARANA, PIMft:COLlNTY, ARIZONA.
RELAT D CASES:
CZ-02047
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PAMarana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 31 of 163
Council-Regular Meeting C5
Meeting Date:08/01/2023
To:Mayor and Council
Submitted For:Jason Angell, Development Services Director
From:Dustin Ward, Development Engineering Division Manager
Date:August 1, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2023-075: Relating to Development; approving a release
of assurances for Boulder Bridge Pass III at Dove Mountain, Lots 1-72,
Boulder Bridge Pass III at Dove Mountain, Lots 25 and 26, and Boulder
Bridge Pass IV at Dove Mountain, Lots 73-78 (Jason Angell)
Discussion:
Boulder Bridge Pass III at Dove Mountain, Lots 1-72, Block "A" (Future Residential) and
Common Areas “A” (Private Streets) and “B” (Open Space/Drainage) is located off
Dove Mountain Blvd. and Dove Mountain Resort. The final plat was recorded in the
Pima County Recorder's Office on March 6, 2020, at Sequence Number
20200660137. Block “A” (Future Residential) was subsequently re-platted as “Boulder
Bridge Pass IV at Dove Mountain, Lots 73-78 and Common Area “B” (Open
Space/Drainage), as recorded in the Pima County Recorder’s Office on April 14, 202 at
Sequence 20201050245.
The Town has a third-party trust assurance agreement assuring the completion of
improvements needed to serve Boulder Bridge Pass III and Boulder Bridge Pass IV.
The Town also has a substitute assurance agreement assuring the completion of
improvements for Lots 25 and 26 of Boulder Bridge Pass III at Dove Mountain. The
subdivider has completed the improvements serving Boulder Bridge Pass III at Dove
Mountain, Lots 1-72, Lots 25 and 26 of Boulder Bridge Pass III at Dove Mountain, and
Boulder Bridge Pass IV at Dove Mountain, Lots 73-78 acceptable to town standards in
accordance with the assurance agreements.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 32 of 163
If approved, this resolution will release the assurances for Boulder Bridge Pass III at
Dove Mountain, Lots 1-72, Lots 25 and 26 of Boulder Bridge Pass III at Dove Mountain,
and Boulder Bridge Pass IV at Dove Mountain, Lots 73-78.
Staff Recommendation:
Staff recommends the approval of Resolution No. 2023-075.
Suggested Motion:
I move to adopt Resolution No. 2023-075, approving a release of assurances for Boulder
Bridge Pass III at Dove Mountain, Lots 1-72, Boulder Bridge Pass III at Dove Mountain,
Lots 25 and 26, and Boulder Bridge Pass IV at Dove Mountain, Lots 73-78.
Attachments
Resolution No. 2023-075
Boulder Bridge Pass III Final Plat
Boulder Bridge Pass IV Final Plat
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 33 of 163
Resolution No. 2023-075 - 1 -
MARANA RESOLUTION NO. 2023-075
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR
BOULDER BRIDGE PASS III AT DOVE MOUNTAIN, LOTS 1-72, BOULDER BRIDGE
PASS III AT DOVE MOUNTAIN, LOTS 25 AND 26, AND BOULDER BRIDGE PASS IV AT
DOVE MOUNTAIN, LOTS 73-78
WHEREAS the final plat for Boulder Bridge Pass III at Dove Mountain, Lots 1-72, Block
“A” (Future Residential) and Common Areas “A” (Private Streets) and “B” (Open
Space/Drainage) was recorded in the Pima County Recorder’s Office on March 6, 2020 at
Sequence 20200660137; and
WHEREAS Block “A” (Future Residential) was subsequently re-subdivided as “Boulder
Bridge Pass IV at Dove Mountain, Lots 73-78 and Common Area “B” (Open Space/Drainage),
recorded in the Pima County Recorder’s Office on April 14, 2020 at Sequence 20201050245; and
WHEREAS the Town has a third party trust assurance agreement (the “Assurance
Agreement”) with Dove Mountain Investors, LLC and Landmark Title Assurance Agency of
Arizona, under Trust No. 18355-T, recorded in the Pima County Recorder’s office on Feb 14, 2020
at Sequence 20200660154, assuring the completion of improvements for Boulder Bridge Pass III
at Dove Mountain and Boulder Bridge Pass IV at Dove Mountain; and
WHEREAS the Town has a substitute third party trust assurance agreement (the
“Substitute Assurance Agreement”) with Dove Land Holdings, LLC and Title Security Agency,
LLC, under Trust No. 202051-S, recorded in the Pima County Recorder’s office on June 29, 2020
at Sequence 20201810351, assuring the completion of improvements for Lots 25 and 26 of Boulder
Bridge Pass III at Dove Mountain; and
WHEREAS the improvements for Boulder Bridge Pass III at Dove Mountain, Boulder
Bridge Pass IV at Dove Mountain, and Lots 25 and 26 Boulder Bridge Pass III at Dove Mountain
have been completed acceptable to Town standards in accordance with the Assurance Agreement
and Substitute Assurance Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Assurance Agreement and the Substitute Assurance Agreement are hereby
released.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 34 of 163
Resolution No. 2023-075 - 2 -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 35 of 163
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 36 of 163
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 37 of 163
Council-Regular Meeting C6
Meeting Date:08/01/2023
To:Mayor and Council
From:Curry C. Hale, Human Resources Director
Date:August 1, 2023
Strategic Plan Focus Area:
Proactive Public Services
Strategic Plan Focus Area Additional Info:
Focus Area 5: Proactive Public Service
Goal: Foster a workplace culture that attracts, retains, and motivates a talented
workforce.
Strategy: Invest in professional development, training, and engagement opportunities
for employees
Subject:Resolution No. 2023-076: Relating to Personnel; approving and authorizing
the Human Resources Director to execute a Memorandum of Understanding
between the Town and the Arizona Board of Regents, Arizona State
University providing a tuition discount program for Town employees (Curry
C. Hale)
Discussion:
As part of the Town of Marana’ s dedication to continuing academic and professional
education for its employees, the Town has engaged in a series of agreements with state
universities to offer tuition discounts to public employees of the Town of Marana, to
save them additional dollars as it relates to continuing education. By entering into these
agreements, additional tuition savings will be passed on to Town employees,
simultaneously furthering the value of every dollar offered in the Town’s Tuition
Reimbursement program, as well as contributing to a more educated and dedicated
workforce for our community.
The proposed agreement between the Town and the Arizona Board of Regents,
Arizona State University (ASU) provides that ASU shall grant eligible Town employees
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 38 of 163
a 10% discount off the base tuition rate for a program degree of study. The discount
shall be available as long as the agreement is in place and the student remains
continuously employed by the Town and enrolled at ASU during the time that
program is in effect. The agreement will remain in place from May 1, 2023 through the
end of the Spring semester in 2028, but may be terminated for convenience with 90
days written notice or 30 days advance written notice for breach or default of the other
party.
Staff Recommendation:
Staff recommends the approval of the agreement with the Arizona Board of Regents,
Arizona State University.
Suggested Motion:
I move to adopt Resolution No. 2023-076, approving and authorizing the Human
Resources Director to execute a Memorandum of Understanding between the
Town and the Arizona Board of Regents, Arizona State University providing a tuition
discount program for Town employees.
Attachments
Resolution No. 2023-076
Exhibit A to Resolution
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 39 of 163
00090325.DOCX /1
Resolution No. 2023-076 - 1 -
MARANA RESOLUTION NO. 2023-076
RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE HUMAN
RESOURCES DIRECTOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN AND THE ARIZONA BOARD OF REGENTS, ARIZONA
STATE UNIVERSITY PROVIDING A TUITION DISCOUNT PROGRAM FOR TOWN
EMPLOYEES
WHEREAS the Town of Marana has employees rendering valuable services; and
WHEREAS the memorandum of understanding with Arizona State University
will provide employees with a tuition reduction; and
WHEREAS the Town Council finds that it is in the best interests of the Town
employees to have the benefit of a tuition reduction if employees choose to pursue a
degree through Arizona State University.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA approving the Memorandum of Understanding
between the Town and the Arizona Board of Regents, Arizona State University attached
to this Resolution as Exhibit A and authorizing the Human Resources Director to execute
it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations, conditions and objectives of the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 40 of 163
Exhibit A to Marana Resolution No. 2023-076
00090324.DOC /1 July 1, 2023
MEMORANDUM OF UNDERSTANDING
Between
The Arizona Board of Regents, Arizona State University
And
Town of Marana, Human Resources Department
This Memorandum of Understanding (“MOU”) is made and entered into the 12th day of July
2023 by and between The Town of Marana (“TOWN”), acting by and through its Human
Resources Department (“TOWN HR”), and the Arizona Board of Regents for and on behalf of
Arizona State University (“ASU”).
A. THE PROGRAM:
1. The purpose of this MOU is to create a pathway for active employees of the TOWN and its
departments (“Eligible Employees”) to pursue and obtain undergraduate and graduate level
degrees at ASU, including degrees in Law and graduate level (Master’s) degrees (the
“Program”).
2. Program degree courses include campus-based immersion and/or digital (on-line) degree
completion programs of study.
3. Eligible Employees who meet ASU’s admission standards will receive scholarship aid equal
to 10% of the base tuition rate for a Program degree of study, provided that the Eligible
Employee is continuously employed by the TOWN and enrolled at ASU during the time that
the Program is in effect (the “Program Tuition”).
4. The Program Tuition is renewable for each term that the Eligible Employee: (i) remains in an
approved ASU course of degree study within the Program; (ii) is employed by the TOWN;
and (iii) meets the minimum standards required by applicable ASU Graduate Policies and
Procedures, including (a) continuous enrollment, (b) maintaining satisfactory academic
progress, and (c) time to degree limits.
5. Eligible Employees who would like to take advantage of the Program must provide proof of
TOWN employment to ASU.
6. All students in the Program are subject to ASU’s normal academic, student, tuition, financial
aid and other related policies.
7. This MOU is subject at all times to the applicable State and Federal laws and regulations,
and to the policies of the Arizona Board of Regents (“ABOR”) and ASU.
8. The Program will officially begin on May 1, 2023 for the Summer 2023 Semester and will
continue through the end of the Spring Semester, 2028, unless this MOU is modified or
terminated earlier as set forth below.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 41 of 163
Exhibit A to Marana Resolution No. 2023-076
00090324.DOC /1 2
9. The Program Tuition does not include “Undergraduate College Fees” or “Program Fees,” as
that term is defined by ABOR as well as other expenses such as library and laboratory fees,
books, supplies and other special course fees, which may be applicable to the Program and
charged to the Eligible Employee as a direct cost of education . (See ABOR Policy 4-101,
Tuition and Fee Definitions available at: https://public.azregents.edu/Policy%20Manual/4-
101-Tuition%20and%20Fee%20Definitions.pdf.)
10. Eligible Employees who are admitted and enrolled as ASU students will be solely responsible
for payment of all Program Tuition and related Program Fees and expenses.
11. Eligible Employees will also be eligible for all forms of financial aid on the same basis that
ASU makes financial aid available to other students.
B. ASU’S RESPONSIBILITIES:
1. ASU will provide institutional and academic guidance, transcript evaluation and oversight
for the Program.
2. ASU will perform all administrative services that are related to the official student services
component of the Program (for example, administrative services relating to admission,
enrollment and academic advising).
3. ASU will develop, maintain and operate the Program.
4. ASU will make all decisions regarding completed student admission applications to ASU and
registration criteria of Eligible Employees.
5. ASU will provide a link to its website to assist Eligible Employees with application and
enrollment.
6. ASU will provide information to TOWN HR to assist its promotion of the Program.
7. ASU will designate a liaison to work with TOWN HR on the administrative aspects of the
Program.
8. ASU will not share non-directory personally identifiable student information (as defined by
FERPA and ASU policy) with the TOWN HR without the student’s written consent.
C. TOWN HR RESPONSIBILITIES:
1. TOWN HR will announce the availability of the Program and communicate and promote the
benefits of the Program to its Eligible Employees.
2. TOWN HR will establish a link between its internet site and ASU’s website for Eligible
Employees to self-identify and apply to the Program.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 42 of 163
Exhibit A to Marana Resolution No. 2023-076
00090324.DOC /1 3
3. TOWN HR will designate a liaison to work with ASU on the administrative aspects of the
Program.
4. TOWN HR will include information about ASU opportunities on the TOWN’s internal human
resources website for promotion of the Program, as appropriate.
D. GENERAL TERMS:
1. Effective Date and Term. This MOU shall become effective upon on the date this MOU has
been fully executed by the parties (the “Effective Date”) and will expire on May 15, 2028 or
at the conclusion of the Spring 2028 semester, unless this MOU is modified or terminated
earlier as set forth herein.
2. Announcements; Promotion. The parties will announce and promote the Program as part
of their employee outreach and public relations efforts. Neither party will issue a press
release, public statement, advertisement or announcement regarding this MOU or the
Program, or use the logos or trademarks of the other party, without the prior input and
consent of the other party. Use of either party’s marks must comply with the owning
party’s trademark standards and guidelines, including using the “®” indication of a
registered trademark where applicable.
3. Student Educational Records. ASU and the TOWN recognize that certain student
educational records may be protected by the federal Family Educational Rights and Privacy
Act and its implementing regulations (FERPA) (20 U.S.C. § 1232g). To the extent that it
obtains records that are subject to FERPA, ASU and the TOWN each agree to comply with
FERPA.
4. Modification. Modifications to this MOU may be made by written modification, signed and
dated by authorized officials, prior to any changes taking effect.
5. Termination. Either party, upon ninety (90) days advance written notice, may terminate
this MOU for convenience before the date of expiration, or upon thirty (30) days advance
written notice for breach or default of the other party. Eligible Employees enrolled in the
Program at the time of termination will be permitted to complete their course of study
provided that eligibility is maintained as set forth in Sect ion A., above. Either party may
cancel the Program at any time for insufficient enrollment or any other reason.
6. Notices. All notices, requests, demands and other communications hereunder will be given
in writing and will be: (a) personally delivered; (b) sent via email or other electronic means;
or (c) sent to the parties at their respective addresses indicated herein by registered or
certified U.S. mail, return receipt requested and postage prepaid, or by commercial
overnight courier service. The respective addresses to be used for all such notices,
demands or requests are as follows:
If to Town: If to ASU:
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 43 of 163
Exhibit A to Marana Resolution No. 2023-076
00090324.DOC /1 4
Human Resources Department Arizona State University
Town of Marana Office of The University Provost
11555 W. Civic Center Drive P.O. Box 877805
Marana, AZ 85653 Tempe, Arizona 85287-7805
Attn: Curry C. Hale Attn: Nancy Gonzales, University Provost
Email: chale@maranaaz.gov Email: nancy.gonzales@asu.edu
7. Named Representative. Each party is naming a liaison who is authorized to act on it s behalf
in making or obtaining decisions regarding this MOU. Such named liaison may be changed
from time-to-time by giving the other party written notice.
(a) ASU. ASU’s liaison is Kent Hopkins, Vice President, AE Enrollment.
(b) Town. TOWN’s liaison is the Human Resources Director, Human Resources
Department.
8. No Third-Party Beneficiaries. This MOU is not intended to benefit any third party, nor shall
any person who is not now or in the future a party hereto be entitled to enforce any of the
rights or obligations of a party under this MOU.
9. Force Majeure. Neither party will be liable for failure to perform any obligation under this
Agreement if such failure is directly caused by a Force Majeure Event. A “Force Majeure
Event” shall mean an event or circumstance that is beyond the reasonable control and
without the fault or negligence of the party impacted, and that could not have been
prevented by the reasonable diligence of the party. Without in any way limiting the
foregoing, a Force Majeure Event may include, but is not restricted to, acts of God or of a
public enemy, acts of the Government in either its sovereign or contractual capacity, war,
riots, fires, floods, epidemics or pandemics, mass health issues or disease, quarantine
restrictions, strikes or labor difficulties, civil tumult, freight embargoes, natural disasters,
unusually severe weather, a failure or disruption of utilities or critical electronic systems,
acts of terrorism, mass shootings or other emergencies that may disrupt the operations of a
party’s campus or facility.
10. Nondiscrimination. The parties will comply with all applicable state and federal laws, rules,
regulations and executive orders governing equal employment opportunity, immigration and
nondiscrimination, including the Americans with Disabilities Act.
11. Conflict of Interest. Each party’s participation in this MOU is subject to Arizona Revised
Statutes (“A.R.S.”) Section 38-511, which provides that this MOU may be cancelled if any
person significantly involved in initiating, negotiating, securing, drafting or creating this MOU
on behalf of ASU or the TOWN is, at any time while this MOU or any extension thereof is in
effect, an employee or agent of the other party to this MOU in any capacity or a consultant to
any other party with respect to the subject matter of this MOU.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 44 of 163
Exhibit A to Marana Resolution No. 2023-076
00090324.DOC /1 5
12. Notice of Arbitration Statutes. As required by A.R.S. § 12-1518, the parties agree to make use
of arbitration in disputes that are subject to mandatory arbitration pursuant to A.R.S. § 12-133.
13. Failure of Legislature to Appropriate. In accordance with A.R.S. § 35-154, if either party’s
performance under this MOU depends upon the appropriation of funds by the Arizona
Legislature, and if the Legislature fails to appropriate the funds necessary for performance,
then the affected party may provide written notice of this to the other party and cancel this
MOU without further obligation. Appropriation is a legislative act and is beyond the control of
either party.
14. Responsibility. Each party will be responsible for the negligence, acts and omissions of its
employees and agents when acting under such party’s direction and supervision.
15. Entire Agreement. This MOU embodies the entire understanding of the parties and
supersedes any other agreement or understanding between the parties relating to the subject
matter.
16. Choice of Law. This MOU shall be governed by and construed in accordance with the laws of
the State of Arizona. Jurisdiction for any claim or dispute shall be Maricopa County, Arizona.
17. Counterparts; Signatures. This MOU may be executed in duplicate counterparts, each of
which shall be deemed an original and both of which together shall constitute but one and
the same instrument. Counterparts may be executed in either original or faxed form, and
the parties hereby adopt as original any signatures received via facsimile or pdf.
18. Financial Responsibility. This Agreement is not a commitment of funds by either party and
neither party will be liable to the other for any Program Tuition or Program Fees.
[Signatures on next page]
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 45 of 163
Exhibit A to Marana Resolution No. 2023-076
00090324.DOC /1 6
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date
below.
TOWN a municipal corporation
By: ________________________________ By:
Curry C. Hale Yiannis Kalaitzidis
Human Resources Director Town Procurement Director
Date: _________________________________ Date:
THE ARIZONA BOARD OF REGENTS, FOR AND ON
BEHALF OF ARIZONA STATE UNIVERSITY
By: _________________________________
Nancy Gonzales
University Provost
Date: _______________________________
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 46 of 163
Council-Regular Meeting C7
Meeting Date:08/01/2023
To:Mayor and Council
From:Curry C. Hale, Human Resources Director
Date:August 1, 2023
Strategic Plan Focus Area:
Proactive Public Services
Strategic Plan Focus Area Additional Info:
Focus Area 5: Proactive Public Service
Goal: Foster a workplace culture that attracts, retains, and motivates a talented
workforce.
Strategy: Invest in professional development, training, and engagement opportunities
for employees.
Subject:Resolution No. 2023-077: Relating to Personnel; approving and authorizing
the Human Resources Director to execute an agreement between the Town of
Marana and Grand Canyon University providing a tuition discount program
for Town employees (Curry C. Hale)
Discussion:
The proposed agreement between the Town and Grand Canyon University (GCU)
provides that GCU shall grant eligible Town employees a 10% discount off the current
GCU Catalog tuition prices for online or evening cohort Bachelor's, Master's or
Doctoral degree programs and single course /non degree courses offered by GCU
through the Colangelo College of Business, College of Humanities and Social Sciences,
College of Science, Engineering and Technology, College of Doctoral Studies, College
of Education, College of Nursing & Health Care Professions and College of Arts and
Media.
The discount shall be available as long as the Agreement is in place and the student
remains continuously enrolled in the program and takes the required courses necessary
to complete the program. Continuously enrolled is defined as no breaks greater than 14
days unless an approved leave of absence has been granted by GCU. Students who do
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 47 of 163
not maintain continuous enrollment will no longer be eligible to receive the discount;
they will not, however, be obligated to reimburse GCU for the completed courses
where the discount has been awarded. Recipients must also maintain a minimum
grade point average as outlined in the University Policy Handbook.
GCU shall provide marketing literature and informational sessions to Town employees
at GCU's expense, to promote continuing education and support employee educational
goals. GCU shall also include the programs in its general marketing efforts and, at the
request of the Town, shall conduct periodic marketing efforts specifically targeted at
potential students for the programs. GCU shall also conduct all necessary public
relations activities designed to enhance and further the status and reputation of the
programs with the Town's prior consent. GCU will provide a local University
Development Representative as a primary contact and resource for the Town.
The agreement will remain in place for 3 years, but may be terminated with or without
cause by either party with 60 days' written notice.
Staff Recommendation:
Staff recommends approval of the agreement with Grand Canyon University.
Suggested Motion:
I move to adopt Resolution No. 2023-077, approving and authorizing the Human
Resources Director to execute an agreement between the Town of Marana and Grand
Canyon University providing a tuition discount program for Town employees.
Attachments
Resolution No. 2023-077
Exhibit A to Resolution
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 48 of 163
00090423.DOCX /1
Resolution No. 2023-077 - 1 -
MARANA RESOLUTION NO. 2023-077
RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE HUMAN
RESOURCES DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF
MARANA AND GRAND CANYON UNIVERSITY PROVIDING A TUITION
DISCOUNT PROGRAM FOR TOWN EMPLOYEES
WHEREAS the Town of Marana has employees rendering valuable services; and
WHEREAS the agreement with Grand Canyon University will provide employees
with a tuition reduction; and
WHEREAS the Town Council finds that it is in the best interests of the Town
employees to have the benefit of a tuition reduction if employees choose to pursue a
degree through Grand Canyon University.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA approving the agreement between the Town of
Marana and Grand Canyon University attached to this Resolution as Exhibit A and
authorizing the Human Resources Director to execute it for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations, conditions and objectives of the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 49 of 163
EDUCATIONAL ALLIANCE PARTICIPANT AGREEMENT
3300 W. Camelback Road, Phoenix, AZ 85017 | gcu.edu
21GOE0971
Grand Canyon University and
This Agreement is entered into by and between Grand Canyon University (GCU), an Arizona nonprofit corporation, with its principal place of
business located at 3300 W. Camelback Road, Phoenix, Arizona 85017 and (Participant) with its principal
place of business located at . This Agreement refers to GCU and Participant collectively as “the Parties.”
This agreement shall replace or supersede all other agreements between the Parties.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein expressed, the Parties do hereby agree as follows:
PURPOSE OF AGREEMENT. GCU offers over 295 programs, including over 130 degree programs, over 125 emphases and over 35 certificate
programs.1 Participant is . GCU and Participant wish to enter into an agreement in which in return
for the promises contained herein GCU shall offer a scholarship to Participant’s subject to the terms of this
Agreement. The scholarship shall apply to online or evening campus bachelor’s, master’s or doctoral degree programs and single course/non-
degree courses offered by GCU (the “Programs”).
PERFORMANCE BY PARTICIPANT. Participant shall allow GCU to create and make available to Participant’s
marketing materials which describe the Programs and provide Participant’s with all relevant information
regarding each of the Programs. Participant shall also provide any additional services that may be listed in Exhibit A to this Agreement.
PERFORMANCE BY GCU. GCU shall provide the content, instruction and academic oversight of the above mentioned Programs. GCU shall also
provide the services listed in Exhibit A to this Agreement.
TERMS OF AGREEMENT. This Agreement shall be effective when signed by all Parties and shall remain in effect until the earlier of (a) three (3)
years from the date of the last signature below, or (b) the termination of this Agreement by either party in accordance with the terms below.
Either party may terminate this Agreement with sixty (60) days written notice. In the event this Agreement is terminated, any students enrolled in
any of the Programs at the time of termination will be permitted to continue their studies and complete the Programs under the terms specified
in this Agreement, provided such students maintain continuous enrollment with no breaks greater than 14 days unless an approved leave of
absence has been granted by GCU. This Agreement contains the entire understanding of the parties and replaces all other agreements or
understandings, written or verbal, which may be in effect between the parties relating to the subject matter herein.
PARTICIPANT SCHOLARSHIP. To claim the scholarship, Participant’s must complete a Memorandum of
Understanding which will be provided as part of the GCU application process and submit that MOU with their application for approval by GCU in
its sole and absolute discretion. The scholarship cannot be used in conjunction with any other scholarships, awards, promotions and/or other
programs offered by GCU unless otherwise stated on the MOU. MOUs submitted after the application process will not be honored except in cases
where Participant employees is/are active in a GCU program prior to the signing of this agreement. This scholarship shall be available as long as
this Agreement is in place.
CONTINUOUS ENROLLMENT AND MINIMUM SCHOLASTIC ACHIEVEMENT. The scholarship will only be awarded to students who remain
continuously enrolled in the Program and take the required courses necessary to complete the Program. Continuously enrolled is defined as no
breaks greater than fourteen (14) days unless an approved leave of absence has been granted by GCU. Students who do not maintain continuous
enrollment will no longer be eligible to receive the scholarship; they will not, however, be obligated to reimburse GCU for the completed courses
where the scholarship has been awarded. Recipients must also maintain a minimum grade point average as outlined in the University Policy
Handbook located at www.gcu.edu/Policy-Handbook.php
1 As of September 30, 2021
Exhibit A to Marana Resolution No. 2023-077
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 50 of 163
EDUCATIONAL ALLIANCE PARTICIPANT AGREEMENT
3300 W. Camelback Road, Phoenix, AZ 85017 | gcu.edu
21GOE0971
NOTICE: Any notice which may be given by a party under this Agreement shall be deemed to have been duly delivered if delivered by reputable
carrier, hand delivered or electronic mail to the receiving party at the following address(es) or email address:
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by themselves or by their duly authorized
representatives as of the day and date first written above.
The Participant organization is a 501C3 or 501C4? Yes No
Grand Canyon University
By:
Print Name:
Title:
Date:
By:
Print Name:
Title:
Date:
Raymond Kaselonis
GCU Chief Administrative Officer and General Counsel
For Grand Canyon University
Grand Canyon University
Attn: Legal Department
3300 W. Camelback Road
Phoenix, AZ 85017
LegalDepartment@gcu.edu
For
Exhibit A to Marana Resolution No. 2023-077
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 51 of 163
EDUCATIONAL ALLIANCE PARTICIPANT AGREEMENT
3300 W. Camelback Road, Phoenix, AZ 85017 | gcu.edu
21GOE0971
Exhibit A
Performance and Services By GCU and
GCU offers content, instruction and academic oversight of the Programs through the Colangelo College of Business, College of Humanities and
Social Sciences, College of Science, Engineering and Technology, College of Doctoral Studies, College of Education, College of Nursing and Health
Care Professions and College of Arts and Media.
The Programs’ courses will follow the applicable Programs of Study outlined in the current catalog, which can be viewed by visiting
www.gcu.edu/academics/academic-policies.php, and clicking on Academic Catalog. As improvements are made to the Programs, the
Program of Study courses may change; however, credit hour requirements will follow the specifications of the current catalog.
GCU REQUIREMENTS INCLUDE:
1. GCU shall grant eligible Participant a % off scholarship for the current GCU tuition prices for the
Programs (the “Participant Scholarship”). This Participant Scholarship shall be available as long as this Agreement is in place and the student
meets the requirements of this Agreement. GCU reserves the right to change tuition pricing at any time and the Participant Scholarship will
be applied only as an offset to tuition stated in GCU’s University Policy Handbook. The Participant Scholarship cannot be used in conjunction
with any other scholarships, awards, promotions and/or other programs offered by GCU unless otherwise indicated on the MOU.
2. Regarding any enrolled students from Participant organizations. For purposes of clarification, the Participant Scholarship will not apply
to any courses already taken or in progress on the effective date of this Agreement and will apply only to future courses. Any student utilizing
federal aid as of the effective date of this Agreement will have the Participant Scholarship applied at the beginning of the student’s next
payment period.
3. GCU shall provide marketing literature and informational sessions to Participant’s at GCU’s expense,
to promote continuing education and support educational goals. GCU shall also include the Programs in
its general marketing efforts and, at the request of Participant, shall conduct periodic marketing efforts specifically targeted at potential
students for the Programs. GCU shall also conduct all necessary public relations activities designed to enhance and further the status and
reputation of the Programs with Participant’s prior consent, and which consent shall not be unreasonably withheld.
4. GCU shall provide a local University Development Counselor as a primary contact and Participant resource. It is the responsibility of the
Participant to identify themselves in order to receive the Participant Scholarship available through this
Agreement. Subject to the consent, Participant will assist GCU in confirming that the Participant is/are
indeed associated with Participant.
PARTICIPANT REQUIREMENTS INCLUDE:
1. GCU may announce the formation of the alliance with GCU to Participant’s . GCU and Participant will
work together to communicate to Participant’s the benefits and variety of programs offered by GCU.
2. Participant to allow access, within Participant guidelines, to present information regarding GCU programs to Participant
via information meetings at least once a quarter.
3. Participant shall allow GCU to provide outreach to , including, but not limited to, informational webinars,
posting of flyers and other activities as appropriate, which must be consistent with Participant policies.
Participant and GCU may issue joint press releases and other announcements with prior approval of both parties.
121STAT0430
Exhibit A to Marana Resolution No. 2023-077
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 52 of 163
Council-Regular Meeting C8
Meeting Date:08/01/2023
To:Mayor and Council
Submitted For:Fausto Burruel, Public Works Director
From:Dan Grossman, CIP Process Analyst
Date:August 1, 2023
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2023-078: Relating to Public Works; approving and
authorizing the Mayor to sign an intergovernmental agreement
between the State of Arizona by and through its Department of
Transportation, and the Town of Marana for funding to design a traffic
interchange located at Cortaro Road and Interstate 10 (Fausto Burruel)
Discussion:
The Arizona State Legislature passed Senate Bill 1722 during this Legislative Session,
which appropriates funding from the State's General Fund for highway projects. If
adopted, this resolution would authorize the Mayor to sign an intergovernmental
agreement in which the Arizona Department of Transportation (ADOT) would issue a
warrant in the amount of $10,000,000.00 appropriated to the Town of Marana for
funding to design a traffic interchange located at Cortaro Road and Interstate 10.
The Cortaro Road/Interstate 10 Traffic Interchange Project was not included within the
2024 fiscal year Capital Improvement Plan. Town staff may, at a later time, request
approval to proceed with this project.
Financial Impact:
Fiscal Year:2024
Budgeted
Y/N:
No
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 53 of 163
Amount:$10,000,000
Staff Recommendation:
Staff recommends approval of Resolution No. 2023-078.
Suggested Motion:
I move to adopt Resolution No. 2023-078, approving and authorizing the Mayor to sign
an intergovernmental agreement between the State of Arizona by and through its
Department of Transportation and the Town of Marana for funding to design a traffic
interchange located at Cortaro Road and Interstate 10.
Attachments
Resolution No. 2023-078
Exhibit A - Intergovernmental Agreement
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 54 of 163
Resolution No. 2023-078 - 1 -
MARANA RESOLUTION NO. 2023-078
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF
ARIZONA, BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, AND
THE TOWN OF MARANA FOR FUNDING TO DESIGN A TRAFFIC INTERCHANGE
LOCATED AT CORTARO ROAD AND INTERSTATE 10
WHEREAS the State of Arizona, acting by and through its Department of
Transportation, and the Town of Marana desire to enter into an intergovernmental
agreement (IGA) in which the State will issue a warrant in the amount of $10,000,000.00
to the Town for design costs for a traffic interchange between Interstate 10 and Cortaro
Road; and
WHEREAS the Town and the State have authority to enter into this IGA pursuant
to A.R.S. § 11-952; and
WHEREAS the Mayor and Council find that entering into the IGA 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, that the Intergovernmental Agreement Between
the State of Arizona and the Town of Marana, AG Contract No. P0012023000926 ,
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 sign 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 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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August 1, 202
Page 55 of 163
Page 1 of 6
ADOT CAR No.: IGA 23-0009266-I AG Contract No.: P0012023000926 Project Location/Name: Design Costs for Traffic Interchange between I-10 and Cortaro Road Type of Work: Traffic Interchange Design TIP/STIP No.: NA Budget Source: 2024 Legislative Appropriation Transportation Projects: General Fund (Laws 2023, 1st Regular Session, Chapter 135 Senate Bill 1722) Appropriation No.: 2024 DT56180
INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE 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, acting by and through its MAYOR and TOWN COUNCIL (the “Town” or “Local Agency”). The State and the Local Agency are each individually referred to as a “Party” and are collectively referred to as the “Parties.”
I. RECITALS1.The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegatedto the undersigned the authority to execute this Agreement on behalf of the State.2.The Local Agency is empowered by A.R.S. §§ 9-240 and 11-952 to enter into this Agreementand has by resolution, a copy of which is attached and made a part of this Agreement,resolved to enter into this Agreement and has authorized the undersigned to execute thisAgreement on behalf of the Local Agency.3.Laws 2023, 1st Regular Session, Chapter 135 (Senate Bill 1722), Section 10, (A)(8)appropriated funding from the State general fund for highway projects. ADOT will issue awarrant in the amount of $10,000,000.00 appropriated to the Local Agency for design costsfor traffic interchange between Interstate 10 and Cortaro Road, (the “Project”).4.The foregoing Recitals shall be incorporated into this Agreement.
In consideration of the mutual terms expressed herein, the Parties agree as follows:
Exhibit A to Marana Resolution No. 2023-078
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 56 of 163
IGA 23-0009266-I
Page 2 of 6
II.SCOPE OF WORK1.The Parties agree:a.After this Agreement is executed, the State will issue a warrant to the Local Agency inthe amount of $10,000,000.00 for the Project.b.The Local Agency will complete the Project in accordance with Laws 2023, 1st RegularSession, Chapter 135 (Senate Bill 1722), Section 10, (A)(8).c.After Project completion, the Local Agency will submit written certification tolocalpublicagencysection@azdot.gov that the Project was completed in accordance withLaws 2023, 1st Regular Session, Chapter 135 (Senate Bill 1722), Section 10, (A)(8).
III.MISCELLANEOUS PROVISIONS1.Effective Date. This Agreement shall become effective upon signing and dating of all Parties.2.Duration. The terms, conditions and provisions of this Agreement shall remain in full forceand effect until completion of the Project and all related deposits and/or reimbursementsare made.3.Cancellation. This Agreement may be cancelled at any time up to 30 days before theappropriated funds are issued, so long as the cancelling Party provides at least 30 days’prior written notice to the other Party. It is further understood and agreed that in the eventthe Local Agency terminates this Agreement, the State shall in no way be obligated tocomplete or maintain the Project.4.Indemnification. The Local Agency shall indemnify, defend, and hold harmless the State, anyof its departments, agencies, boards, commissions, officers or employees (collectivelyreferred 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 reasonableattorneys' 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 lossof or damage to any property or for injuries to or death of any person, to the extent causedby, arising out of, or contributed to, by reasons of any alleged act, omission, professionalerror, fault, mistake, or negligence of the Local Agency, its employees, officers, directors,agents, representatives, or contractors, their employees, agents, or representatives inconnection with or incident to the performance of this Agreement. The Local Agency’sobligations under this paragraph shall not extend to any Claims to the extent caused by thenegligence of the State, except the obligation does apply to any negligence of the LocalAgency which may be legally imputed to the State by virtue of the State’s ownership orpossession of land. The Local Agency’s obligations under this paragraph shall survive thetermination of this Agreement.5.Governing Law. This Agreement shall be governed by and construed in accordance withArizona laws. 6.Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
Exhibit A to Marana Resolution No. 2023-078
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 57 of 163
IGA 23-0009266-I
Page 3 of 6
7.Inspection and Audit. The Local Agency shall retain all books, accounts, reports, files andother records relating to the Agreement which shall be subject at all reasonable times toinspection and audit by the State for five years after completion of the Project. Such recordsshall be produced by the Local Agency, electronically or at the State office as set forth in thisAgreement, at the request of ADOT.8.Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights ActOf 1964.9.Non-Discrimination. This Agreement is subject to all applicable provisions of the Americanswith Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federalregulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreementshall comply with Executive Order Number 2009-09, as amended by Executive Order 2023-01, issued by the Governor of the State of Arizona and incorporated in this Agreement byreference regarding “Non-Discrimination.”10.Non-Availability of Funds. Every obligation of the State under this Agreement is conditionedupon the availability of funds appropriated or allocated for the fulfillment of suchobligations. If funds are not allocated and available for the continuance of this Agreement,this Agreement may be terminated by the State at the end of the period for which the fundsare available. No liability shall accrue to the State in the event this provision is exercised,and the State shall not be obligated or liable for any future payments as a result oftermination under this paragraph.11.Arbitration. In the event of any controversy, which may arise out of this Agreement, theParties agree to abide by arbitration as is set forth for public works contracts if required byA.R.S. § 12-1518.12.E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401.13.Contractor Certifications. The Local Agency shall certify that all contractors comply with theapplicable requirements of A.R.S. §35-393.01 and 35-394.14.Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulationsand ordinances, as may be amended.15.Notices. All notices or demands upon any Party to this Agreement shall be in writing andshall be delivered electronically, in person, or sent by mail, addressed as follows:
For Agreement Administration: Arizona Department of Transportation Joint Project Agreement Section 205 S. 17th Avenue, Mail Drop 637E Phoenix, AZ 85007 JPABranch@azdot.gov
Town of Marana Attn: Fausto Burruel 11555 W. Civic Center Dr. Marana, AZ 85653 520.382.1999 DevEng@marana.AZ.gov
Exhibit A to Marana Resolution No. 2023-078
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 58 of 163
IGA 23-0009266-I
Page 4 of 6
For Project Completion: Arizona Department of Transportation Local Public Agency Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 localpublicagencysection@azdot.gov
For Financial Administration: Arizona Department of Transportation Financial Management Services 206 S. 17th Avenue Phoenix, AZ 85007 fmscontroller@azdot.gov
Town of Marana Attn: Fausto Burruel 11555 W. Civic Center Dr. Marana, AZ 85653 520.382.1999 DevEng@marana.AZ.gov
Town of Marana Attn: Yiannis Kalaitzidis 11555 W. Civic Center Dr. Marana, AZ 85653 520.382.1999 ykalaitzidis@marana.AZ.gov 16.Revisions to Contacts. Any revisions to the names and addresses above may be updatedadministratively by either Party and shall be in writing.17.Legal Counsel Approval. In accordance with A.R.S. § 11-952 (D), the written determinationof each Party’s legal counsel providing that the Parties are authorized under the laws of thisState to enter into this Agreement and that the Agreement is in proper form is set forthbelow.18. Electronic Signatures. This Agreement may be signed in an electronic format usingDocuSign.
Remainder of this page is intentionally left blank.
(Signatures begin on the next page)
Exhibit A to Marana Resolution No. 2023-078
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 59 of 163
IGA 23-0009266-I
Page 5 of 6
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the full completion of signing and dating by all Parties to this Agreement.
TOWN OF MARANA
By _____________________________________________________ Date______________________ ED HONEA Mayor ATTEST:
By _____________________________________________________ Date______________________ DAVID UDALL 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 11-952 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. 2023-078
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 60 of 163
IGA 23-0009266-I
Page 6 of 6
ARIZONA DEPARTMENT OF TRANSPORTATION By _____________________________________________________ Date______________________ STEVE BOSCHEN, PE Infrastructure Delivery and Operations Division Division Director A.G. Contract No. P0012023000926 (ADOT IGA 23-0009266-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. 2023-078
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 61 of 163
Council-Regular Meeting C9
Meeting Date:08/01/2023
To:Mayor and Council
From:David L. Udall, Town Clerk/Assistant Town Attorney
Date:August 1, 2023
Strategic Plan Focus Area:
Proactive Public Services
Subject:Resolution No. 2023-079: Relating to Water; approving and authorizing the
Mayor to sign the Assignment and Assumption of Town of Marana
Agreement for Construction of Water Facilities Under Private Contract -
Tortolita Mountain Estates, Lots 1-81 (David L. Udall)
Discussion:
On February 7, 2023, the Town Council approved, via adoption of Marana Resolution
No. 2023-013, the Town of Marana Agreement for Construction of Water Facilities
Under Private Contract - Tortolita Mountain Estates, Lots 1-81 (the "Agreement"),
which required the developer to construct certain water infrastructure improvements
in order for water to be served to the property. The Agreement also allowed for
wheeling pursuant to the terms and conditions of the Intergovernmental Agreement
Between the City of Tucson and the Town of Marana relating to the Delivery of Central
Arizona Project Water and the Town's Water Wheeling Policy adopted on January 19,
2021.
Section 7.3 of the Agreement provides that the Developer "intends to assign and
delegate its rights and responsibilities under [the Agreement] to a third party and may
do so upon the prior written consent of the Town, which consent shall not be
unreasonably withheld."
If approved, the assignment attached as Exhibit A to the resolution accompanying this
agenda item would authorize the Mayor to provide the Town's consent for the
Developer to assign its rights and responsibilities under the Agreement to Mattamy
Tucson LLC.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 62 of 163
Staff Recommendation:
Staff recommends approval of Resolution No. 2023-079.
Suggested Motion:
I move to adopt Resolution No. 2023-079, approving and authorizing the Mayor to sign
the Assignment and Assumption of Town of Marana Agreement for Construction of
Water Facilities Under Private Contract - Tortolita Mountain Estates, Lots 1-81.
Attachments
Resolution No. 2023-079
Exhibit A - Consent to Assignment
Wheeling Agreement
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 63 of 163
- 1 -
Resolution No. 2023-079
MARANA RESOLUTION NO. 202 3-079
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO
SIGN THE ASSIGNMENT AND ASSUMPTION OF TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE
CONTRACT - TORTOLITA MOUNTAIN ESTATES, LOTS 1-81
WHEREAS effective March 31, 2023, the Orla O’Reilly Hazra and Sanat Hazra
Joint Trust, Dated September 8, 2020 (the “Developer”) entered into the following
agreement with the Town of Marana: Town of Marana Agreement for Construction
of Water Facilities Under Private Contract, approved by the Marana Town Council
on February 7, 2023, via Marana Resolution No. 2023-013, and recorded on April 7,
2023 in the Office of the Pima County Recorder at Sequence No. 20230970016 (the
“Agreement”); and
WHEREAS Section 7.3 of the Agreement provides that the Developer “intends
to assign and delegate its rights and responsibilities under [the Agreement] to a third
party and may do so upon the prior written consent of the Town, which consent shall
not be unreasonably withheld”; and
WHEREAS the Orla O’Reilly Hazra and Sanat Hazra Joint Trust, Dated
September 8, 2020 now desires to assign its right, title, interest, and responsibilities
under the Agreement to Mattamy Tucson LLC; and
WHEREAS the Mayor and Council of the Town of Marana find that
authorizing the Town’s consent of such an assignment is in the best interests of the
Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, that the Assignment and Assumption of Town
of Marana Agreement for Construction of Water Facilities Under Private Contract –
Tortolita Mountain Estates, Lots 1-81, substantially in the same form attached to and
incorporated by this reference in this resolution as Exhibit A, is hereby approved and the
Mayor is hereby authorized and directed to sign it for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED the Town’s Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations, and objectives of this resolution.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 64 of 163
- 2 -
Resolution No. 2023-079
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 65 of 163
WHEN RECORDED RETURN TO:
Marc D. Blonstein, Esq.
Berens Blonstein PLC
7033 East Greenway Pkwy., Suite 210
Scottsdale, Arizona 85254
ASSIGNMENT AND ASSUMPTION
OF
TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES
UNDER PRIVATE CONTRACT
TORTOLITA MOUNTAIN ESTATES, LOTS 1-81
THIS ASSIGNMENT AND ASSUMPTION OF TOWN OF MARANA AGREEMENT FOR
CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT (the “Assignment”)
is dated this 8th day of August, 2023 (the “Effective Date”), by and between the ORLA O’REILLY
HAZRA AND SANAT HAZRA JOINT TRUST, DATED SEPTEMBER 8, 2020 (“Assignor”) and
MATTAMY TUCSON LLC, a Delaware limited liability company (“Assignee”).
RECITALS
A.Assignor is a party to that certain Town of Marana Agreement for Construction of Water
Facilities Under Private Contract, dated as of March 31, 2023 (the “Water Agreement”), which Water
Agreement was recorded on April 7, 2023 in the Official Records of Pima County, Arizona at Document
No. 2023-0970016, relating to certain real property described therein (the “Property”);
B.Assignor, as owner of the Property, desires to assign its right, title, interest and obligations in
the Water Agreement pursuant to the terms of this Assignment, and Assignee desires to assume Assignor’s
right, title, interest and obligations in the Water Agreement; and
C.Capitalized terms not defined in this Assignment shall have the meanings set forth in the Water
Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Assignment and Assumption of Assignor’s Rights. As of the Effective Date, Assignor hereby
assigns to Assignee all of Assignor’s right, title, interest and obligations in and under the Water Agreement.
On and after the Effective Date, Assignee hereby assumes from Assignor all of Assignor’s right, title,
interest and obligations in and under the Water Agreement.
2.Indemnification by Assignor. Assignor hereby agrees to indemnify, protect, defend, and hold
Assignee harmless for, from and against any liabilities, obligations, actions, suits, proceedings, or claims,
and all costs and expenses (including without limitation reasonable attorneys’ fees and expert witness fees)
incurred in connection with the Water Agreement, based upon or arising out of any breach or alleged breach
Exhibit A to Marana Resolution No. 2023-079
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 66 of 163
2
of the Water Agreement by Assignor occurring or alleged to have occurred prior to the Effective Date and
with respect to liability relating to or accruing prior to the Effective Date.
3. Indemnification by Assignee. Assignee hereby agrees to indemnify, protect, defend, and hold
Assignor harmless for, from and against any liabilities, obligations, actions, suits, proceedings, or claims,
and all costs and expenses (including without limitation reasonable attorneys’ fees and expert witness fees)
incurred in connection with the Water Agreement, based upon or arising out of any breach or alleged breach
of the Water Agreement by Assignee occurring or alleged to have occurred after the Effective Date and
with respect to liability relating to or accruing on or after the Effective Date.
4.Binding Effect. This Assignment shall inure to the benefit of and shall be binding upon the
parties hereto and their respective successors and assigns.
5.Further Assurances. Promptly upon the request of Assignee, Assignor shall do such further acts
and shall execute, have acknowledged and delivered to Assignee or to any third party, as appropriate, any
and all further documents or instruments reasonably requested in order to carry out the intent and purpose
of this Assignment.
6. Counterparts. This Assignment may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same Assignment.
[signature pages follow]
Exhibit A to Marana Resolution No. 2023-079
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 67 of 163
3
IN WITNESS WHEREOF, the parties hereto have executed this Assignment to be effective as of
the Effective Date.
ASSIGNOR:
ORLA O’REILLY HAZRA AND SANAT HAZRA JOINT TRUST, DATED SEPTEMBER 8, 2020 By: Name: Orla O’Reilly Hazra Title: Co-Trustee By: Name: Sanat Hazra Title: Co-Trustee
STATE OF FLORIDA )
) ss.
County of Sarasota )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2023
by Orla O’Reilly Hazra, as Co-Trustee of the ORLA O’REILLY HAZRA AND SANAT HAZRA JOINT
TRUST, DATED SEPTEMBER 8, 2020, for and on behalf thereof.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_____________________________________
Notary Public
My Commission Expires:
Exhibit A to Marana Resolution No. 2023-079
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 68 of 163
4
STATE OF FLORIDA )
) ss.
County of Sarasota )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2023
by Sanat Hazra, as Co-Trustee of the ORLA O’REILLY HAZRA AND SANAT HAZRA JOINT TRUST,
DATED SEPTEMBER 8, 2020, for and on behalf thereof.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_____________________________________
Notary Public
My Commission Expires:
Exhibit A to Marana Resolution No. 2023-079
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 69 of 163
5
ASSIGNEE:
MATTAMY TUCSON LLC,
a Delaware limited liability company
By: __________________________________________
Name: ________________________________________
Title: _________________________________________
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2023
by ______________________, as _________________________ of MATTAMY TUCSON LLC, a
Delaware limited liability company, for and on behalf thereof.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_____________________________________
Notary Public
My Commission Expires:
Exhibit A to Marana Resolution No. 2023-079
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 70 of 163
6
CONSENT
The undersigned hereby consents to the foregoing Assignment and Assumption of Town of Marana
Agreement for Construction of Water Facilities Under Private Contract by the ORLA O’REILLY HAZRA
AND SANAT HAZRA JOINT TRUST, DATED SEPTEMBER 8, 2020 to MATTAMY TUCSON LLC,
a Delaware limited liability company. THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2023
by Ed Honea, the Mayor, respectively, of the Town of Marana, an Arizona municipal corporation, for and
on behalf thereof.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_____________________________________
Notary Public
My Commission Expires:
Exhibit A to Marana Resolution No. 2023-079
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 71 of 163
7
CONSENT
The undersigned hereby consents to the foregoing Assignment and Assumption of Town of Marana
Agreement for Construction of Water Facilities Under Private Contract by the ORLA O’REILLY HAZRA
AND SANAT HAZRA JOINT TRUST, DATED SEPTEMBER 8, 2020 to MATTAMY TUCSON LLC,
a Delaware limited liability company.
TITLE SECURITY AGENCY, LLC, a Delaware limited liability
company, as Trustee under Trust No. 202214-S, and not in its corporate
capacity
By: __________________________________________
Name: ________________________________________
Title: _________________________________________
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2023
by ________________________, the ____________________ of TITLE SECURITY AGENCY, LLC, a
Delaware limited liability company, as Trustee under Trust No. 202214-S, and not in its corporate capacity,
for and on behalf thereof.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_____________________________________
Notary Public
My Commission Expires:
Exhibit A to Marana Resolution No. 2023-079
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 72 of 163
GABRIELLA CAZARES-KELLY, RECORDER III 11111 111 III11111II II III 11111 IIIRecordedBy: KKE ifi
11
DEPUTY RECORDER SEQUENCE: 20230970016
5026
NO. PAGES:12
SMARA
ri
PIMA COUNTY,I,
p)RECORDER`S OFFICE:
04/07/2023
TOWN OF MARANA y
10:03:32
v4v.
PICKUP
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES UNDER PRIVATE CONTRACT
Tortolita Mountain Estates,Lots 1-81
THIS AGREEMENT(this"Agreement") is entered into by and between the TOWN OF MARANA,
an Arizona municipal corporation(the"Town"), and ORLA O'REILLY HAZRA AND SANAT HAZRA, as
Co-Trustees of the ORLA O'REILLY HAZRA AND SANAT HAZRA JOINT TRUST dated September 8,2020
the "Hazra Trust"), and TITLE SECURITY AGENCY, LLC, a Delaware limited liability company, as
Trustee under Trust No. 202214-S,and not in its corporate capacity("Title Security 202214-S").The
Hazra Trust and Title Security are collectively referred to in this Agreement as the"Developer."The
Town and the Developer are sometimes collectively referred to as the "Parties," each of which is
sometimes individually referred to as a"Party."
RECITALS
A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town
Code as it may be amended from time to time ("Marana Town Code Title 14").
B. The Developer desires for the Town to provide water service to the land described in
the Special Warranty Deed recorded in the office of the Recorder of Pima County, Arizona, on
July 29, 2014, at Sequence 20142100582 (the "Subject Property").
C. Title Security 202214-S owns the Subject Property. The Hazra Trust is the sole benefi-
ciary of Title Security 202214-S.
D. Effective August 21, 2020, the Town and the City of Tucson (the "City") entered into
the Intergovernmental Agreement between the City of Tucson and the Town of Marana relating to
the Delivery of Central Arizona Project Water recorded in the office of the Recorder of Pima
County, Arizona, at Sequence 20202340063 (the "Water Wheeling IGA"). The Water Wheeling
IGA allows the Marana Water Department ("Marana Water") to provide potable water service to
certain areas of land that (1) are within the Marana town limits, (2) are too far away from Marana
Water's existing water infrastructure to receive cost-effective service from Marana Water, and(3)
are close enough to be served by water infrastructure owned and operated by the Tucson Water
Department ("Tucson Water") but do not meet Tucson Water's service area policy. The Water
Wheeling IGA requires that the Town use its own CAP water, which will be wheeled through
Tucson Water's potable water system to points of interconnection to the new Marana Water cus-
tomers.
E. The Subject Property is located in an area that meets the three criteria for service under
the Water Wheeling IGA, as described in recital D above.
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F. The Developer requested that the Town and the City use the Water Wheeling IGA to
deliver water to the Subject Property, and the Town and the City agreed that the Subject Property
is a candidate for wheeling per the Water Wheeling IGA.
G. In order to receive water through the Water Wheeling IGA, the Developer must enter
into an agreement for construction of water facilities under private contract with the Town and a
separate facilities construction agreement with the City.
H. As a condition of securing water service from the Town for the Subject Property, the
Developer agrees to install those certain water infrastructure improvements (the "Developer-In-
stalled Facility") in accordance with the required plans, specifications, and materials as outlined
and depicted in the Public Water Distribution System To Serve Tortolita Mountain Estates, Lots 1 -
81, Plan No. ENG2208-009, sealed by Baker & Associates Engineering, Inc. on September 21,
2022 and accepted by the Town of Marana Water Department on October 28, 2022 (the "Facility
Plan"), which is on file in the office of the Town of Marana Water Department.
I. The Developer desires that the Town take ownership of, operate, and service the Devel-
oper-Installed Facility.
J. The Town is willing to accept the Developer-Installed Facility, provided it meets Town
standards and the work is done in accordance with Town requirements.
K. As described in the Facility Plan, the Developer must construct certain offsite water
infrastructure (the "Offsite Work") in coordination with the City of Tucson in order for water to
be delivered to the Subject Property.
AGREEMENT
Now,THEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Agreement,the Parties hereby agree as follows:
1. The Water Wheeling IGA
1.1. Applicability. All of the terms and conditions of the Water Wheeling IGA shall apply
herein as though they were set forth in this Agreement in full.
2. The Developer-Installed Facility
2.1. Developer installation of the Developer-Installed Facility. The Developer has designed
and shall install, at the Developer's own expense, the water infrastructure improvements as de-
picted in the Facility Plan. The water infrastructure improvements depicted in the Facility Plan are
referred to in this Agreement as the"Developer-Installed Facility,"and shall conform to the design
standards of the City of Tucson Water Department and the Town of Marana Town Code Title 14
and special specifications and details as approved by the Town and by this reference made a part
of this Agreement. The Facility Plan shall include a plan note identifying the Developer-Installed
Facility as a new water facility and shall show any and all alterations to the existing water system.
Construction and installation of the Developer-Installed Facility in accordance with the Facility
Plan, including without limitation all labor, materials, equipment, supplies, and tools required for
the construction and installation, is referred to in this Agreement as the "Work."
2.2. Work by licensed contractor. The Work shall be performed by a contractor properly li-
censed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition
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to any other contractor's license classifications required by the Arizona Registrar of Contractors,
the contractor shall hold contractor's license classifications A, A-12 and A-16.
2.3. Applicable fees. As a condition of and prerequisite to the Town accepting the Work, the
Developer shall pay all applicable fees, including, but not limited to, fees for permitting and in-
spection, as set forth by the Town of Marana and the City of Tucson.
2.4. Payment of connection fees. Before any service connections are made to the Developer-
Installed Facility, the person or entity seeking the service connection shall pay to the Town the
connection fees and any other fees required by Marana Town Code Title 14.
2.5. Anticipated cost per meter. The person or entity seeking installation of a meter from the
Town shall pay all applicable fees and charges in effect at the time of the meter installation request.
As of the effective date of this Agreement, the Town's fees and charges to install a five-eighths-
inch water meter on the Subject Property are:
2.5.1. Meter Install Fee: $360
2.5.2. Water Resource Development Impact Fee: $3,050
2.5.3. If larger meters are installed, the person or entity seeking installation shall pay the
applicable Meter Install Fee, as set forth in the Town of Marana fee schedule, and the applica-
ble Water Resource Development Impact Fee, as set forth in Marana Ordinance No. 2014.013
recorded in the office of the Recorder of Pima County, Arizona, on May 9, 2014, at Sequence
20141290586, a copy of which is on file in the office of the Marana Town Clerk.
2.5.4. The Meter Install Fee and Water Resource Development Impact Fee outlined above
reflect the fees established as of the Effective Date of this Agreement. By listing them herein,
the Town does not guarantee the fees will remain at the same rate as at the time they are due.
2. 6. Developer-Installed Facility acceptance by Town and the City of Tucson.No service con-
nections shall be made to the Developer-Installed Facility until the Developer-Installed Facility
has been accepted by the Town in accordance with Marana Town Code Title 14 and until the
Offsite Work has been accepted by the City of Tucson. The Developer must provide the Town of
Marana Water Department with written verification of the City of Tucson's final acceptance of the
Offsite Work prior to final acceptance of the Work by the Town.
2. 7. Developer's certification. Execution of this Agreement certifies that the developer has
reviewed the Facility Plan and all other specifications applicable to the Work and has approved
and agrees with the location of all service lines.
2.8. Termination for lack of Work.Approval of the Facility Plan shall lapse and this Agreement
shall terminate if more than one year has passed since the date of this Agreement and the Work
has not begun, or if the Work is discontinued for a period of one year.
2. 9. City of Tucson Agreement Contingency. The rights and obligations of the Parties under
this Agreement are contingent upon Developer entering into a separate facilities construction
agreement with the City of Tucson. Orla and Sanat Hazra have satisfied this condition by enter-
ing into the Agreement for Construction of Water Facilities Under Private Contract (No.
DP1755) with the City of Tucson on October 19, 2022.
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2.10. Developer responsible for Offsite Work. The Developer shall be solely responsible for
the Offsite Work and for complying with the terms and conditions of any agreement with the City
of Tucson related thereto.
3. Engineering and Inspection
3.1. Registered civil engineer. The developer shall employ a registered Civil Engineer to de-
sign, lay out, establish control lines for and certify the layout of the Work according to the Facility
Plan.
3.2. Town inspector's authority. Any inspector authorized by the Town shall have full inspec-
tion authority over the Work.
3. 3. Inspection provisions. The Developer shall furnish the Town's inspector with all facilities
reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all
times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. Inspec-
tion by the Town is for the purpose of ensuring compliance with plans and specifications only.
The Town makes no guarantee as to the safety or engineering soundness of plans prepared by the
Developer or any contractor.
3.4. Payment of Town inspector's overtime cost. If scheduling by the Developer's contractor
reasonably requires the Town's inspector to work overtime, the Developer or Developer's con-
tractor shall pay the Town for any additional salaries, expenses or employee benefits relating to
the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a
seven-day work period, any time over eight hours worked Monday through Friday, and any time
worked on weekends and legal holidays observed by the Town.
4. Preconstruction Procedure
4.1. Request to begin construction. The Developer shall submit a written request to begin con-
struction to the Town five working days before the Work is to commence.
4.2. Construction permit. This Agreement shall be completed, signed and notarized, and re-
turned to the Town prior to issuance of a construction permit for the Work.
4.3. Start and completion of the Work. No portion of the Work shall begin until the Town has
issued a construction permit specifying the starting date and a reasonable time for completion.
4.4. Progress of the Work. The Work shall be commenced and carried on at such points and in
such order as may be directed by the Town.
4.5. Materials sampling and testing. Materials shall be available for sampling and testing by the
Town prior to being used in the Work. Materials that fail to meet Town specification shall be re-
moved from the site.
4.6. Permits and approvals. The Developer shall, at Developer's expense, obtain all necessary
permits and licenses for the Work,pay all fees and comply with all laws,ordinances and regulations
relating to the Work.
5. Construction
5.1. Developer's presence on site. The developer, or Developer's designated agent, shall be
present at all times during performance of the Work. The name of the Developer's designated
agent and the contractor performing the Work shall be furnished to the Town before the Work
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begins. Instructions given by the Town to the designated agent shall be deemed to have been given
to the Developer.
5.2. Competence and diligence. The Developer shall employ only competent and efficient la-
borers,mechanics or artisans on the Work, and the Developer agrees to perform diligently to com-
plete the Work on or before the completion date given in the notice to proceed.
5.3. Paving. The Developer shall identify and locate all water valves prior to paving and set
valve boxes to final grade after paving.
5.4. Alterations to the existing Town water system. The Developer shall, at Developer's ex-
pense, make any and all alterations to the existing water system either on-site or off-site necessi-
tated by paving, drainage, or other improvements caused by the development of the Subject Prop-
erty.
5. 5. Worksite safety.The Developer shall require all contractors and subcontractors performing
any portion of the Work to comply with all safety requirements of the Occupational Safety and
Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona.
The Developer or its contractors shall be solely responsible for all fines or other penalties provided
for by law for any violations of the Occupational Safety Hazards Act.
6. Dedication
6.1. Transfer of the Developer-Installed Facility to the Town. Upon the Town's final ac-
ceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer and
deliver to the Town the Developer-Installed Facility free and clear of all liens, claims, charges or
encumbrances.
6.2. Two-year warranty. The Developer guarantees the Work to be free from all failures due
to poor workmanship or materials for a period of two years from the date of the Town's final
acceptance of the Work.
6.3. Other conflicting construction prohibited. The Developer shall not construct or allow the
construction of any utility, building, or other improvement that would interfere with the operation
or maintenance of the Developer-Installed Facility.
6.4. Developer's obligation to maintain finished grade. The Developer guarantees that all ser-
vice lines, meters, and meter boxes on the Subject Property will be to finished grade and that
Developer will remain responsible for raising or lowering said services as required until the Sub-
ject Property is fully developed.
6.5. Acceptance by the Town. The Town shall accept title to and take possession of the Devel-
oper-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject
to the Developer's continuing obligations under this Agreement, the Town shall operate and ser-
vice the Developer-Installed Facility after taking over possession of it under this paragraph.
7. Miscellaneous
7.1. Indemnity. Developer shall indemnify,defend,and hold harmless the Town, its Mayor and
Council, officers and employees, boards, committees and commissions from and against any loss,
claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage
to property and injuries to persons, including death, arising or alleged to have arisen, in whole or
in part, out of any negligent act or omission of the Developer or any contractor, subcontractor, or
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any person employed directly or indirectly by any of them in the performance of the Work or in
the operation of the Developer-Installed Facility.
7.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs,
executors, administrators, successors and assigns of the Parties.
7.3. Consent required for assignment and delegation. The Developer intends to assign and del-
egate its rights and responsibilities under this Agreement to a third party entity and may do so upon
the prior written consent of the Town,which consent shall not be unreasonably withheld.
7.4. Cancellation for conflict of interest. This agreement is subject to A.R.S. § 38- 511, which
provides for cancellation in certain instances involving conflict of interest.
7.5. Counterparts. This Agreement may be executed in 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 at-
tached to a single instrument so that the signatures of all Parties may be physically attached to a
single document.
Signature page follows.]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth be-
low their respective signatures.
THE"TOWN":THE"DEVELOPER":
THE TOWN OF MARANA, an Arizona municipal ORLA O'REILLY HAZRA AND SANAT HAZRA,
corporation as Trustees of the ORLA O'REILLY HAZRA
AND SANAT HAZRA JOINT TRUST dated Sep-
tember 8, 2020
By:
Ed Honea, Mayor
Date: 942
cp7Q .
By:
Orla O'Reilly Hazra
Co-Trustee
ATTEST:
Date:
David L. Udall, Town Clerk By:
Sanat Hazra
APPROVED AS TO FORM: Co-Trustee
Z
ig
Date:
Ja, airall, own Attorney
TITLE SECURITY AGENCY,LLC,a Delaware
limited liability company, as Trustee under
Trust No. 202214-S, and not in its corporate
capacity
By:
Name:
Notary page follows.]
Its:
Date:
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STATE OF ARIZONA )
SS
County of Pima )
The foregoing instrument was acknowledged before me on 2023, by Orla
O'Reilly Hazra, as Trustee of the ORLA O'REILLY HAZRA AND SANAT HAZRA JOINT TRUST dated
September 8, 2020, on behalf of the trust.
Seal)
Notary Public
STATE OF ARIZONA )
SS
County of Pima )
The foregoing instrument was acknowledged before me on 2023, by Sanat
Hazra, as Co-Trustee of the ORLA O'REILLY HAZRA AND SANAT HAZRA JOINT TRUST dated Sep-
tember 8, 2020, on behalf of the trust.
Seal)
Notary Public
STATE OF ARIZONA )
SS
County of Pima )
The foregoing instrument was acknowledged before me on 2023, by
as of TITLE SECURITY
AGENCY, LLC, a Delaware limited liability company, as Trustee under Trust No. 202214-S, and
not in its corporate capacity.
Seal)
Notary Public
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Page 80 of 163
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth be-
low their respective signatures.
THE"TOWN":THE"DEVELOPER":
THE TOWN OF MARANA, an Arizona municipal ORLA O'REILLY HAZRA AND SANAT HAZRA,
corporation as Trustees of the ORLA O'REILLY HAZRA
AND SANAT HAZRA JOINT TRUST dated Sep-
tember 8, 2020
By:
Ed Honea, Mayor
By: 'in /4°""
ir
C. .
Date: Orla O'Reilly Hazra
Co-Trustee
ATTEST:
J
Date: 3 / /11 Gt/ J-. 2_02_3
David L. Udall, Town Clerk By:
Sanat Hazra
APPROVED AS TO FORM: Co-Trustee
Date: 63/31/2
Jane Fairall, Town Attorney
TITLE SECURITY AGENCY, LLC,a Delaware
limited liability company, as Trustee under
Trust No. 202214-S, and not in its corporate
capacity
By:
Name:
Notary page follows.]
Its:
Date:
00077482.DOCX/2 1 - 1/4/2023 12:55 PMMarana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 81 of 163
STATE OF Dr(Cl 0,.,
SS
County of SGf aS 0-ka./ )
The foregoing instrument was acknowledged before me on O•CCV1 2023, by Orla
O'Reilly Hazra, as Trustee of the ORLA O'REILLY HAZRA AND SANAT HAZRA JOINT TRUST dated
September 8, 2020, on behalf of the trust.
Seal)
i
P'ry Notary Public Stete of Florida
1
y `z My Commission ZGG 970565 Notary Public
aa Expires 03/17/2024
STATE OF F. IQ`C\ ejCA, )
ss
County of Sac 0,SCjk0-) )
The foregoing instrument was acknowledged before me on :f ckr c 3 I , 2023, by Sanat
Hazra, as Co-Trustee of the ORLA O'REILLY HAZRA AND SANAT HAZRA JOINT TRUST dated Sep-
tember 8, 2020, on behalf of the trust.
Seal)
4
KZ..4r*Nt Notary Public State of Florida
F Cassandra K Zupan Notary Publict. My Commission GG 970565
sane Expires 03/17/2024
STATE OF
ss
County of
The foregoing instrument was acknowledged before me on 2023, by
as of TITLE SECURITY
AGENCY, LLC, a Delaware limited liability company, as Trustee under Trust No. 202214-S, and
not in its corporate capacity.
Seal)
Notary Public
00077482.DOCX,2 2 - 1 42023 12:55 PM
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 82 of 163
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the last date set forth be-
low their respective signatures.
THE"TOWN": THE"DEVELOPER":
THE TOWN OF MARANA, an Arizona municipal ORLA O'REILLY HAZRA AND SANAT HAZRA,
corporation as Trustees of the ORLA O'REILLY HAZRA
AND SANAT HAZRA JOINT TRUST dated Sep-
tember 8, 2020
By:
Ed Honea, Mayor
By:
Date:Orla O'Reilly Hazra
Co-Trustee
ATTEST:
Date:
David L. Udall, Town Clerk By:
Sanat Hazra
APPROVED AS TO FORM:Co-Trustee
Date:
Jane Fairall, Town Attorney
TITLE SECURITY AGENCY,LLC,a Delaware
limited liability company, as Trustee under
Trust No. 202214-S, and not in its corporate
capacity
By: --- cA.Q1Yi 10
Name: Crystal Salcedo
Notary page follows.] Af-ed SiIts:
Date: re,Fo() 1. 13 O a-3
00077482.DOCX/2 7- 1/4/2023 12:55 PM
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 83 of 163
STATE OF ARIZONA )
Ss
County of Pima )
The foregoing instrument was acknowledged before me on 2023, by Orla
O'Reilly Hazra, as Trustee of the ORLA O'REILLY HAZRA AND SANAT HAZRA JOINT TRUST dated
September 8, 2020, on behalf of the trust.
Seal)
Notary Public
STATE OF ARIZONA )
SS
County of Pima )
The foregoing instrument was acknowledged before me on 2023, by Sanat
Hazra, as Co-Trustee of the ORLA O'REILLY HAZRA AND SANAT HAZRA JOINT TRUST dated Sep-
tember 8, 2020, on behalf of the trust.
Seal)
Notary Public
STATE OF ARIZONA )
SS
County of Pima )
The foregoing in tr me t was acknowledged before" Nv'me on Rbf)a13 , 2023, by
rys ai aiciao as t,, yj z14 S i of TITLE SECURITY
AGENCY,LLC, a Delaware limited liability company, as Truder Trust No. 202214-S, and
not in its corporate capacity.
Seal)
NOTARY PUBLIC Notary Public
STATE OF ARIZONA
Pima County
4' RONDA L TATRO
in COMMISSION#625634
ley Commlaston Expires May 19 2026
00077482.DOCX/2 8 - 1/4/2023 12:55 PM
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 84 of 163
Council-Regular Meeting C10
Meeting Date:08/01/2023
To:Mayor and Council
From:David L. Udall, Town Clerk/Assistant Town Attorney
Date:August 1, 2023
Subject:Approval of Regular Council Meeting Summary Minutes of June 20, 2023,
and Special Council Meeting Summary Minutes of June 20, 2023 (David L.
Udall)
Attachments
Regular Council Meeting Summary Minutes, 06/20/2023
Special Council Meeting Summary Minutes, 06/20/2023
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 85 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 1 of 10
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 20, 2023, 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 Town Clerk to call
the roll. Vice Mayor Post and Council Member Kai were absent. All other Council
Members were present, constituting a quorum.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Mayor Honea asked for a motion to approve the agenda.
Council Member Ziegler moved to approve the agenda as presented. Council Member
Officer seconded the motion. Motion passed, 5-0.
CALL TO THE PUBLIC
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 86 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 2 of 10
Mr. David Morales addressed the Council regarding the benefits DAV Chapter 4
provides to the community and requested help to receive a storage facility to help in
continuing its operations. During his presentation, he showed Council Members a letter
and plaque the DAV received. Mr. Morales presented the Town Clerk with a copy of a
DAV Chapter 4 Tucson letter and supporting documentation, which are on file with the
Town Clerk’s Office.
PROCLAMATIONS
PR1 Proclamation Recognizing Water Billing Specialist Renee Sommerville (David L.
Udall)
Town Clerk / Assistant Town Attorney David Udall read the proclamation as Mayor
Honea presented it to its recipient.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Ziegler thanked Airport staff for the information recently provided to
her. She also commented on the iFly opening she attended at the Airport.
Mayor Honea also commented on the iFly event and on a quarterly event at the local
prison. He complemented the work of the prison designed to help inmates and for the
work the inmates do for the community. Council Member Officer also complemented
the training opportunities provided to the inmates by the prison.
Mayor Honea also provided an update on zoning bills that were pending in the Arizona
Legislature and mentioned the bill’s sponsor resigned his seat.
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
Town Manger Terry Rozema said the Town has issued 36 single-family residential
permits so far in June. Last June, there were 63 total permits issued. He provided an
update on the Gladden Farms Community Dog Park and said it should be completed in
August. He said the bike path between Twin Peaks and Avra Valley Road should be
reopened by the end of June, highlighted the upcoming Star-Spangled Spectacular
signature event on July 4, 2023, and provided an update on the Tangerine Road corridor
improvements. Mr. Rozema also said a Real Talk with the Town podcast would be
released this week regarding the restaurant recruiting task force.
PRESENTATIONS
CONSENT AGENDA.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 87 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 3 of 10
C1 Ordinance No. 2023.020: Relating to Finance; amending the Town of Marana
Comprehensive Fee Schedule by modifying the Vacation Service Fee note to eliminate
the six-month requirement for the vacation disconnect period and to clarify that monthly
water and sewer base rate fees still apply during the vacation disconnect period; and
designating an effective date (Jing Luo)
C2 Ordinance No. 2023.021: Relating to Land Development; revising Marana Town
Code Title 17 (Land Development), chapter 17-5 (Subdivisions), section 17-5-4
(Performance guarantee) to add permit hold forms of assurance as an acceptable form of
substitute assurance to guarantee the completion of subdivision improvements; and
declaring an emergency (Jane Fairall)
[The emergency clause in Item C2 failed to pass for lack of a supermajority of all Council Members.
Item C2 otherwise passed.]
C3 Resolution No. 2023-057: Relating to Development; accepting public
improvements for maintenance for the intersection of Twin Peaks and Camino De
Manana (Jason Angell)
C4 Resolution No. 2023-058: Relating to Development; approving a final plat for
Solana Canyon, Lots 1-4 and Common Area "A" (Private Street), generally located
northeast of the intersection of Sunset Gallery Place and Sunset Gallery Drive within
Section 14, Township 11 South and Range 12 East (Scott S. Radden)
C5 Resolution No. 2023-059: Relating to Economic Development; approving and
authorizing the Mayor to execute a Funding and In-Kind Support and Assistance
Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc.
for fiscal year 2023-2024 to support operation of the Marana Visitor Center and provision
of services to the Marana community (Curt Woody)
C6 Resolution No. 2023-060: Relating to Municipal Court; approving and authorizing
the Mayor to execute an Intergovernmental Agreement between the Town of Marana and
Pima County for provision of video-court hearings of municipal prisoners for 2023-2024
(Laine McDonald)
C7 Resolution No. 2023-061: Relating to Parks and Recreation; approving and
authorizing the acceptance of grant funding from Gila River Indian Community State-
Shared Revenue Program funds for the purchase of exercise equipment to be used in the
Marana Senior Wellness Improvement Program; and approving and authorizing the
Town Manager to sign any and all documents required to accept the grant (Jim Conroy)
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 88 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 4 of 10
C8 Resolution No. 2023-062: Relating to Parks and Recreation; approving and
authorizing the Mayor to execute the first amendment to an intergovernmental
agreement for educational services and programming between the Town of Marana and
Pima County (Jim Conroy)
C9 Resolution No. 2023-063: Relating to the Police Department; approving and
authorizing the Mayor to execute a service agreement with the Marana Unified School
District to provide two school resource officers in support of the District's School Safety
Program (Libby Shelton)
C10 Resolution No. 2023-064: Relating to the Police Department; approving and
authorizing the Mayor to execute an Intergovernmental Agreement between Pima
County and the Town of Marana for payment for the incarceration of municipal prisoners
for the period of July 1, 2023 through June 30, 2024 (Jane Fairall)
C11 Resolution No. 2023-065: Relating to Public Works; approving and authorizing
the Mayor to sign a public improvement participation agreement with Jihong Kai, LLC
for the construction of Driveway improvements as part of the Tangerine Road widening
project Phase 2A (Jane Fairall)
C12 Resolution No. 2023-066: Relating to Public Works; approving and authorizing
the Mayor to sign a public improvement participation agreement with Trico Electric
Cooperative, Inc for the construction of water improvements as part of the Tangerine
Road water main project (Jane Fairall)
C13 Resolution No. 2023-067: Relating to Utilities; authorizing Town staff to apply
for a Drinking Water Revolving Fund loan from the Water Infrastructure Finance
Authority of Arizona (WIFA) to fund the design and construction costs for a Marana Park
emerging contaminants water treatment facility (Jing Luo)
C14 Approval of Regular Council Meeting Summary Minutes of June 6, 2023, and
Special Council Meeting Summary Minutes of June 7, 2023
Council Member Commerford moved to approve the consent agenda. Council Member
Craig seconded the motion. Mayor Honea called for a roll-call vote. Each Council
Members present voted Aye. Motion passed, 5-0.
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
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 89 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 5 of 10
Wine Store Liquor License submitted by Lauren Kay Merrett on behalf of Maverik,
located at 9171 West Tangerine Road, Marana, AZ 85658 (David L. Udall)
Mr. Udall informed the Council that the liquor license application was posted in
accordance with applicable regulations and that the Clerk’s Office had not received any
comments for or against the application. He said Town staff had reviewed the application
and found it to be in compliance with the relevant regulations and that the Police
Department had conducted a local background check. He said that Town staff
recommended the Council adopt an order recommending approval to the Arizona
Department of Liquor, who would make the ultimate determination on approval.
Council Member Ziegler moved to approve and submit to the Arizona Department of
Liquor Licenses and Control an order recommending approval of an application for a
new series #010 Beer and Wine Store Liquor License submitted by Lauren Kay Merrett
on behalf of Maverik, located at 9171 West Tangerine Road, Marana, AZ 85658. Council
Member Officer seconded the motion. Motion passed, 5-0.
BOARDS, COMMISSIONS AND COMMITTEES
B1 Resolution No. 2023-068: Relating to Boards, Commissions and Committees;
approving and authorizing the creation of the Marana Civic Committee as a special
committee of the Town of Marana (Andrea Caicedo)
Assistant to the Town Manager Andrea Del La Cruz (formerly Caicedo) presented on
this item. A copy of the presentation slides is on file with the Town Clerk’s Office. Ms.
Del La Cruz reminded the Council that it dissolved the Marana Citizen’s Forum via
Resolution No. 2023-018. She said that, if adopted, this resolution would create in its place
the Marana Civic Committee pursuant to the Council’s feedback. She highlighted the new
Committee’s purpose in increasing citizen engagement, explained its role in acting in an
advisory capacity for various Town issues, projects, and programs benefitting from
public input, and detailed the elements of the Committee. For more detailed information,
please see the presentation slides.
Council Member Officer moved to adopt Resolution No. 2023-068. Council Member
Ziegler seconded the motion. Motion passed, 5-0.
B2 Resolution No. 2023-069: Relating to Boards, Commissions and Committees;
approving the appointment of Tom Sommerville to the Marana Public Safety Personnel
Retirement System (PSPRS) local board and to the Marana Correctional Officer
Retirement Plan (CORP) local board; and approving the appointment of George A.
Kennedy to the CORP local board (David L. Udall)
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 90 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 6 of 10
Mr. Udall said Town staff recently felt it would be best to combine the citizen
membership of the PSPRS and CORP boards, and said that Mayor Honea was seeking
Council approval for the appointment of Tom Sommerville to both local boards, each for
four-year terms, and for the appointment George A. Kennedy to the CORP board for a
two-year term to coincide with his current term on the PSPRS local board ending in two
years.
Council Member Comerford moved to adopt Resolution No. 2023-069. Council Member
Ziegler seconded the motion. Motion passed, 5-0.
COUNCIL ACTION
A1 Resolution No. 2023-070: 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: Tangerine Road Corridor Widening,
Phase 2A (ST098), and Tangerine Road Corridor Widening, Phase 2B (ST060) (George
Cardieri)
Real Property Manager George Cardieri presented on this item. A copy of the
presentation slides is on file with the Town Clerk’s Office. Mr. Cardieri explained that
the purpose of this item was to seek Council’s approval for the acquisition of real estate
for the Tangerine Phase 2A and Phase 2B projects. For a depiction of the project areas
involved, please see the presentation slides.
Council Member Ziegler moved to adopt Resolution No. 2023-070. Council Member
Officer seconded the motion. Motion passed, 5-0.
A2 Resolution No. 2023-071: Relating to Water; approving and authorizing the Mayor
to sign the Third Amendment to Amended and Restated Agreement for Construction of
Water Facilities and Provision of Water Utility Service for the Saguaro Bloom
Development Project (David L. Udall)
Mr. Udall explained the history of the original water service agreement, its relevant terms
and conditions, and the recently imposed 19-residential-unit cap on development within
Saguaro Bloom pursuant to the terms of the original agreement. He said that, if adopted,
this amendment to the original water service agreement would allow the Saguaro Bloom
development cap to be raised to a total of 100 residential units in exchange for certain
emergency measures paid for or provided by the developer of Saguaro Bloom in the event
the Saguaro Bloom Well No. 1 actually goes out of service between the time of the
amendment’s effective date and the completion date of the second well, which is
currently under construction.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 91 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 7 of 10
Council Member Ziegler referenced the letter in the agenda materials sent by Mr. Udall
to the developer and asked that the Town enforce the cap if the well’s construction ends
up being delayed. Mr. Udall clarified the difference between the amendment’s actual
terms as negotiated between the parties versus the initial, proposed terms outlined in the
letter, and he affirmed the Town would enforce the new cap as outlined in the
amendment to the original agreement.
Council Member Ziegler moved to adopt Resolution No. 2023-071. Council Member
Officer seconded the motion. Motion passed, 5-0.
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Relating to Legislation and Government Actions; discussion and possible action
or direction regarding all pending state, federal, and local legislation/government
actions and on recent and upcoming meetings of other governmental bodies (Terry
Rozema)
Mr. Rozema explained there were a few outstanding items before the Governor, but that
otherwise the legislative work at the Capitol was essentially complete.
D2 Relating to Development; review, discussion, and possible direction regarding the
proposed Town of Marana Public Art Policy (Jason Angell)
Development Services Director Jason Angell presented a final draft of the Town’s
proposed public art policy previously introduced to the Town Council at the 2023 Council
Retreat held in March. A copy of the presentation slides is on file with the Town Clerk’s
Office. Mr. Angell said the purpose of tonight’s meeting was to receive direction and
feedback prior to bringing the plan to Council for formal adoption.
Mr. Angell explained the purpose of the public art policy, overviewed proposed private
development contribution requirements, discussed the recommendation that this be part
of the Town’s capital improvement program, shared proposed locations in the Town for
public art projects, went over the membership of the proposed Art Review Committee,
touched on design principles, and showed a slide outlining the financial implications of
the policy. Mr. Angell answered clarifying questions during his presentation.
For more detailed information, including images, a comparison table of what other
jurisdictions are doing, and a map of the proposed areas for public art projects, please see
the presentation slides.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 92 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 8 of 10
Council Member Ziegler asked how the Art Review Committee members would be
chosen and commented that artistic individuals should be selected. Mr. Angell explained
that the Council would have input in the selection process and highlighted that the
preference would be for Marana artists to be chosen.
Mayor Honea asked if the art designs would be limited to the current geometric metal
art (as depicted in the slides). Mr. Angell said the design was not limited to that specific
art style and that different styles of art could be utilized.
Mayor Honea also asked if the funds derived from this proposed policy could be used
for maintenance of existing art within the Town, and Mr. Angell confirmed it could be
used for that purpose.
Council Member Ziegler referenced an email opposing the proposed public art policy, a
copy of which is on file with the Town Clerk’s Office, and asked if this policy would raise
the cost of housing in subdivisions. Mr. Angell clarified that the email was in reference
to multifamily housing, such as apartments, and said the policy would not apply to
single-family residences.
D3 PUBLIC HEARING: Relating to Budget; public hearing regarding the Town of
Marana's fiscal year 2023-2024 final budget (Yiannis Kalaitzidis)
Mayor Honea opened the public hearing at 7:01 PM.
Deputy Town Manager Erik Montague presented on this item. A copy of the
presentation slides is on file with the Town Clerk’s Office. Mr. Montague explained that
the Town Council adopted the tentative budget on May 16, 2023. He said there have been
no changes to the amounts included in the tentative budget and that this public hearing
was the last step in the formal process for adopting the Town’s budget for the next fiscal
year. He reviewed the budget process timeline, a budget expenditure summary, and a
budget overview summary.
Mr. Montague highlighted that the considerable increase from last year’s budget was
directly attributable to the number and nature of large capital improvement projects
taking place during the upcoming fiscal year, including the new community center and
aquatics facility. For additional information, including relevant tables and charts, please
see the presentation slides.
Mayor Honea closed the public hearing at 7:07 PM.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 93 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 9 of 10
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).
E2 Executive Session pursuant to A.R.S. §38-431.03 (A)(3) for discussion or
consultation for legal advice with the Town’s attorneys regarding the Town’s interests in
the property located at 12545 W. Moore Road, Marana, AZ.
[An executive session was not held.]
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).
Mayor Honea asked for future agenda items. Council Member Ziegler requested
eliminating the Council Committee for Planning Commission and Board of Adjustment
Appointments be added to a future agenda. Mayor Honea said it would be added to an
agenda in August.
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Council Member Comerford moved to adjourn the meeting. Council Member Officer
seconded the motion. Motion passed, 5-0. Meeting adjourned at 7:09 PM.
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 94 of 163
Regular Council Meeting Summary Minutes
June 20, 2023 Page 10 of 10
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the regular Town
Council meeting held on June 20, 2023. I further certify that a quorum was present.
________________________________________
David L. Udall, Town Clerk
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 95 of 163
Special Council Meeting Summary Minutes
June 20, 2023 Page 1 of 2
MARANA TOWN COUNCIL
SPECIAL COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 20, 2023, 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 7:09 PM and directed the Town Clerk to call
the roll. Vice Mayor Post and Council Member Kai were absent. All other Council
Members were present, constituting a quorum.
APPROVAL OF AGENDA
Council Member Ziegler moved to approve the agenda as presented. Council Member
Officer seconded the motion. Motion passed, 5-0.
COUNCIL ACTION
A1 Resolution No. 2023-072: Relating to Budget; adopting the Town of Marana's fiscal
year 2023-2024 final budget (Yiannis Kalaitzidis)
Deputy Town Manager Erik Montague briefly provided an overview of this item and
explained next steps should the final budget be adopted. For more details, and for a
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 96 of 163
Special Council Meeting Summary Minutes
June 20, 2023 Page 2 of 2
reference to presentation slides related to the final budget, please see the Regular Council
Meeting Summary Minutes of June 20, 2023.
Council Member Officer moved to adopt Resolution No. 2023-072. Council Member
Ziegler seconded the motion. Motion passed, 5-0.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).
FUTURE AGENDA ITEMS
Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
Mayor Honea asked for a motion to adjourn.
Council Member Craig and Council Member Comerford moved to adjourn the meeting.
Motion passed, 5-0. Meeting adjourned at 7:12 PM.
CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town
Council Special Meeting held on June 20, 2023. I further certify that a quorum was
present.
David L. Udall, Town Clerk
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 97 of 163
Council-Regular Meeting A1
Meeting Date:08/01/2023
To:Mayor and Council
From:Jane Fairall, Town Attorney
Date:August 1, 2023
Strategic Plan Focus Area:
Thriving Commerce, Vibrant Community, Proactive Public Services
Subject:Resolution No. 2023-080: Relating to Traffic and Highways; approving and
authorizing the Mayor to execute the Town of Marana Fiber Optic
Communications License issued to Ting Internet, LLC (Jane Fairall)
Discussion:
The proposed Fiber Optic Communications License ("License") with Ting Internet, LLC
("Ting") will grant to Ting nonexclusive and revocable rights and nonexclusive and
revocable privileges to construct, install, operate, and maintain its infrastructure and
communications facilities and equipment in the Town's Public Rights-of-Way and on
other Town-owned property for the purpose of providing broadband internet access
services to subscribers. Ting intends to build its network in four construction Area
Work Zones as described on the map attached to the License as Exhibit A. Ting's build
sequence will be confirmed by its final construction plan.
The License includes the following provisions:
Ting will be required to obtain right-of-way use permits from the Town prior to
work in the right-of-way, pursuant to agreed-upon permit specifications in
Exhibit B
All construction will be accomplished according to agreed-upon construction
specifications set forth in Exhibit C
The term of the License will be for ten years with three additional
five-year automatic renewals unless written notice of termination is provided by
either party no less than six months before the end of the initial term or any
renewal term
The Town may request that Ting install conduit for the Town's use while working
in the right-of-way, which conduit will then be dedicated to the Town, and will be
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 98 of 163
in the right-of-way, which conduit will then be dedicated to the Town, and will be
credited to Ting as an in-kind contribution to the Town
Ting may also use co-location space for certain equipment within the Town's
facilities at the Marana Municipal Complex (MMC) and Marana Operations
Center (MOC)
Ting must pay the following fees to the Town:
Use of Town right-of-way or other Town property: Annual Fee equal to $2.43
per linear foot, up to a maximum amount that shall not exceed 3% of Ting's
annual Gross Broadband Revenue
Use of Town conduit: $0.40 per foot, per year
Permit fees: $150,000 per year in Area Permit Fees for the first three years of
the License; after the first three years, Ting will then pay the Town's normal
fees in place at the time
Co-location in Town facilities: $250 per month for each equipment rack plus
electrical costs
Financial Impact:
Fiscal Year:24
Budgeted
Y/N:
No
Amount:$See Fees
Section
above
This will be a new ongoing revenue source for the Town.
Staff Recommendation:
Staff recommends approval of the License.
Suggested Motion:
I move to adopt Resolution No. 2023-080, approving and authorizing the Mayor to
execute the Town of Marana Fiber Optic Communications License issued to Ting
Internet, LLC.
Attachments
Resolution No. 2023-080
Exhibit A - Fiber Optic Communications License
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
Page 99 of 163
Resolution No. 2023-080
MARANA RESOLUTION NO. 2023-080
RELATING TO TRAFFIC AND HIGHWAYS; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE TOWN OF MARANA FIBER OPTIC COMMUNICATIONS
LICENSE ISSUED TO TING INTERNET, LLC
WHEREAS the Town Council is authorized by A.R.S. § 9-240 to exercise exclusive
control over the streets, alleys, avenues and sidewalks of the town; and
WHEREAS Ting Internet, LLC desires to install, operate, maintain, and use a sys-
tem to be used to provide Services including Broadband Services in, along, under, over,
and across certain Public Rights-of-Way within the Town or on other Town-owned prop-
erty; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best
interests of its citizens to enter into this Fiber Optic Communications License agreement
with Ting Internet, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, approving the Fiber Optic Communications License issued
to Ting Internet, LLC, substantially in the same form attached to and incorporated by this
reference in this resolution as Exhibit A, and authorizing the Mayor to execute it for and
on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations, conditions and objectives of the license agreement, including the
approval of future Conduit Requests by the Technology Services Director and the Town
Engineer, or their respective designees, as set forth in the agreement..
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Town Council Regular Meeting Agenda Packet
August 1, 202
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Exhibit A to Marana Resolution No. 2023-080
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TOWN OF MARANA FIBER OPTIC COMMUNICATIONS LICENSE ISSUED TO TING INTERNET, LLC
1
TOWN OF MARANA
FIBER OPTIC COMMUNICATIONS LICENSE ISSUED TO TING INTERNET, LLC
THIS LICENSE (“License”) is issued by the Town of Marana, an Arizona municipal corporation, as represented by the
Town Council and acting through the Town Manager or the Town Manager’s designee (“Town” or “Licensor”) to Ting
Internet, LLC, a Delaware limited liability company (“Licensee”). The Town and Licensee are each a “Party” and
collectively, the “Parties.”
RECITALS
A. Town is responsible for management of the Public Rights-of-Way (as defined below) and has the authority to grant
licenses authorizing occupancy and use of the Public Rights-of-Way; and
B. Licensee desires to install, operate, maintain, and use a System (as defined below) to be used to provide Fiber
Optic Communications Services (as defined below) including Broadband Services (as defined below) in, along, under,
over, and across certain Public Rights-of-Way within the Town or on other Town-owned property.
LICENSE
NOW, THEREFORE, Town hereby grants Licensee this License under the following terms and conditions:
SECTION 1. DEFINITIONS
For the purpose of this License, unless the context otherwise requires, the following terms, phrases, words, and their
derivatives have these meanings. When not inconsistent with the context, words in the present tense include the future
tense, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always
mandatory and not merely directory. If a conflict or ambiguity exists among the definitions in Arizona Revised Statutes, the
Marana Town Code, and this License, the definitions in the following order prevail and control: (1) Arizona Revised
Statutes; (2) Marana Town Code; (3) this License. Additional definitions for this License include:
“ACC" means the Arizona Corporation Commission.
“Adjusted Per Linear Foot Fee” has the meaning set forth in Section 4.1.5.
“A.R.S." means Arizona Revised Statutes, as amended.
"Anniversary Date” means the annual anniversary of the Effective Date.
“Annual Fee” has the meaning set forth in Section 4.1.1.
“Broadband Services” means the offering of broadband Internet access services to Subscribers.
"Cable Service" means the transmission to subscribers of video programming or other programming service and subscriber
interaction, if any, that is required for the selection or use of the video programming or other programming service over a
Cable System.
"Cable System" means any facility consisting of a set of closed transmission paths and associated signal generation
reception and control equipment that is designed to provide cable service that includes video programming and that is
provided to multiple subscribers within a community. Cable system does not include (1) a facility that serves fewer than
fifty (50) subscribers; (2) a facility that serves subscribers without using any public street, road or alley; (3) a
facility that serves only to retransmit the television signals of one or more television broadcast stations; (4) a facility of a
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TOWN OF MARANA FIBER OPTIC COMMUNICATIONS LICENSE ISSUED TO TING INTERNET, LLC
2
common carrier that is subject, in whole or in part, to 47 United States Code Sections 201 through 276, except that the
facility is considered a cable system, other than for purposes of 47 United States Code Section 541(c), to the extent the
facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to
provide interactive on-demand services; (5) an open video system that complies with 47 United States Code Section 573;
or (6) a facility of an electric utility that is used solely for operating its electric utility system.
“Day” means calendar day unless noted otherwise.
“Effective Date” means the signature date of the last Party to sign this License.
"Environmental Laws" means all federal, state, and local laws, ordinances, rules, regulations, statutes, and judicial
decisions now or subsequently in effect, in any way relating to or regulating human health, or safety, or industrial
hygiene, or environmental conditions, or protection of the environment, or prevention or cleanup of pollution or
contamination of the air, soil, surface water, or groundwater.
"FCC" means the Federal Communications Commission.
"Fiber Optic Communications Services” means communications services that are excluded from the definition of
“Telecommunications” set forth in A.R.S. § 9-581(4).
“Gross Broadband Revenue” means any and all consideration of any kind or nature, including cash, credits, property, and
in-kind contributions (services or goods) arising from or attributable to Licensee’s provision of Broadband Services over
the System within Town to Subscribers (including fees attributable to Broadband Service when sold individually or as part
of a package or bundle, with services other than Broadband Services), without regard to the billing address of the
Subscriber. The term “Gross Broadband Revenue” shall not include the following: (1) any revenue not actually received,
even if billed, provided that uncollectible fees written off as bad debt which are subsequently collected shall be included
in gross revenues in the period collected; (2) refunds, rebates, credits or discounts to Subscribers or Town to the extent
not already offset by (1) immediately above and to the extent such refund, rebate, credit, or discount is attributable to
Broadband Service; (3) any revenues received by License e or its Affiliates from the provision of services other than
Broadband Service; (4) any revenues received by Licensee or its Affiliates for the provision of Internet advertising,
including banner advertisement and electronic publishing; (5) any amounts attributable to the provision of any service to
Subscribers at no charge, including the provision of such service to public institutions without charge; (6) any tax of gener al
applicability imposed on the Subscriber or the transaction (but not on Licensee) by a federal, state, or local government
or any other governmental entity, collected by Licensee, and required to be remitted to the taxing entity, including, to the
extent applicable to Broadband Services, sales and use taxes, and utility user taxes (the Annual Fee imposed herein is
not such a tax); (7) any forgone revenue from the provision of service at no charge to any Person, except that any forgone
revenue exchanged for trades, barters, services, or other items of value shall be included in gross re venue; (8) any value
of capital assets or surplus equipment; (9) the sale of Broadband Service for resale to the extent the purchaser thereof
certifies to Licensee in writing that it will resell the Broadband Service and pay a fee to Town with respect the reto; and
(10) any revenue derived from rental of modems or other equipment used to provide or facilitate the provision of the
Broadband Services.
"Hazardous Substances" means those substances defined as toxic or hazardous substances, pollutants, or wast es by
Environmental Laws and the following substances: gasoline, kerosene, or other petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
"License" means this non-exclusive authorization granted by the Town to construct, operate, maintain, reconstruct,
repair, and remove the System or any portion thereof in, over, under, and across public rights of way owned or controlled
by the Town.
"Licensee" has the meaning set forth in the Preamble.
"Licensor" has the meaning set forth in the Preamble.
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“Per Linear Foot Fee” has the meaning set forth in paragraph 4.1.2.
“Person” means an individual, corporation, limited liability company, partnership, association, trust or any other entity or
organization, including a governmental or political subdivision, including Town, or an agency or instrumentality thereof.
"Pre-existing Environmental Condition" means the presence, emission, disposal , discharge, or release of any Hazardous
Substance at, in, on, under, or about the System, however caused, existing prior to the placement of the System within
the Public Rights-of-Way, whether the nature and extent of such contamination is known or unknown at the time.
"Provider" means a Person that constructs, installs, operates, or maintains fiber optic communications facilities or Fiber
Optic Communications Services in or using the Public Rights-of-Way.
"Public Rights-of-Way" means all roads, streets, alleys, and all other dedicated public rights-of-way and public utility
easements located within the Town’s corporate boundaries.
“Right-of-Way Use Permit” means the nonexclusive permission granted by the Town to Licensee within the Public
Rights-of-Way for the specific location of Licensee’s System, and includes fees (if any) for the specific location, and other
terms and conditions in accordance with the Marana Town Code Chapter 12-7, applicable Rights-of-Way construction
regulations, and other applicable law.
“Subscriber” means any Person who is lawfully receiving Broadband Services provided by Licensee using the
System within the territorial limits of Town.
“System” means Licensee’s infrastructure and communications facilities and equipment including, but not limited to,
conduit, fiber optic cables, splice cases, manholes, hand holes, and related and associated facilities installed in the Publi c
Rights- of- Way, and when specifically authorized by the Town on other Town-owned property, and which are used to
provide Fiber Optic Communications Services.
"Telecommunications" has the same meaning as defined in A.R.S. § 9-581(4), as amended.
"Telecommunications Services" has the same meaning as defined in A.R.S. § 9-581(6), as amended.
“Town” means the Town of Marana, Arizona.
"Town Council" means the Council of the Town of Marana.
“Town Dedicated Conduit” has the meaning set forth in Section 4.2.
“Video Programming” means programming that is provided by, or generally comparable to programming provided by, a
broadcast television station.
SECTION 2. PERMISSION GRANTED
2.1. Grant. Subject to the provisions of this License, the Marana Town Code, and Arizona and federal law, the Town
grants to Licensee nonexclusive and revocable rights and nonexclusive and revocable privileges as set forth in this
License to construct, install, operate, and maintain its System in the Public Rights-of-Way and on other Town-owned
property.
2.1.1 At any time during the term of this License, Licensee may apply to the Town for Right-of-Way Use Permits
that set forth the specific location of Licensee’s System and other terms and conditions as provided in Exhibit B
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hereto. The Town may approve, deny, or conditionally approve Licensee’s Right-of-Way Use Permit application
based on the following, but not exclusive, reasons: (i) availability of space at the location sought by Licensee; (ii)
public health, safety, and welfare; and (iii) other considerations in accordance with this License (including Exhibit
B) and applicable construction regulations, and other applicable law.
2.1.2 Subject to the permission of the affected property owner, this License also authorizes Licensee to place its
System on property owned by third parties, such as an electric utility company or other private property owners;
provided, however, the System installed or constructed by Licensee on the private property must comply with
applicable Town regulations and other applicable laws. Upon request from the Town, Licensee must promptly
furnish to the Town documentation of the third party’s permission. By executing this License, the To wn does not
waive any rights that Town may have against any public utility or other third party to require such owners to obtain
the Town’s prior approval for such uses of their property or facilities, or that revenues received by any public utility
or other property owner from Licensee be included in the computation of the use fees owed by such parties to the
Town.
2.1.3 No component or part of Licensee’s System may be installed, constructed, located on, or attached to any
property within the Town until Licensee has applied for and received approval for a Right-of-Way Use Permit or
other applicable permit under the Marana Town Code and this License. Additionally, Licensee must comply with
all other provisions of the Marana Town Code and this License related to construction, including without limitation
the requirements set forth in Marana Town Code Section 12-7-9 regarding work on asphalt pavements having an
overall condition index (OCI) of over 70, and other applicable Town regulations. Notwithstanding the foregoing,
Licensee may deviate from Marana Town Code Section 12-7-9(E) as follows: with respect to Licensee’s work in
the Public Rights-of-Way, permanent pavement repairs as the result of daylighting (potholing) associated with
safe construction pursuant to Arizona’s underground locates laws (A.R.S. §§ 40-360.21 through 40-360.32), shall
be a minimum of 1 foot by 1 foot asphalt restoration, for each excavation to be completed for daylighting
(potholing), and no more than 2 square feet total. Areas of restoration larger than 2 square feet may be subject to
applicable provisions of the Marana Town Code.
2.1.4 Any right or privilege claimed under this License by Licensee for any use in the Public Rights -of-Way and on
other Town-owned property is subordinate to any Town prior or subsequent lawful occupancy or use or any other
governmental entity and is subordinate to any prior easements, provided, however, nothing in this License
extinguishes or otherwise interferes with the Parties’ property rights established independently of this License.
2.1.5 Nothing in this License will be construed to prevent the Town from abandoning, altering, improving,
repairing, or maintaining the Town’s facilities in the Public Rights-of-Way, and for any or more of such purposes
or any other lawful purpose requiring Licensee to remove, relocate, or abandon in place Licensee’s System to
accommodate the Town’s projects and activities (a “Required Relocation”). Licensee shall be responsible for its
own costs of any Required Relocation of Licensee’s System or any portion thereof, provided, however, that Town
shall take all reasonable actions to minimize costs of any such Required Relocation to Licensee, including without
limitation making reasonable efforts on its own and in cooperation with Licensee to seek reimbursements and
other available federal or state funding that, under applicable law, may be used by municipalities to fund or
subsidize the costs of relocating underground facilities, and passing through to Licensee its pro-rata portion
(based on the linear feet of Licensee’s facilities subject to the Required Relocation as a share of the total linear
feet of the Public Rights-of-Way that is abandoned, altered, improved, repaired, or maintained) of any funds
received by Town from federal or state funding sources for such purpose. The Town will not be liable for
Licensee’s lost revenues, however caused, due to any Town activity or project in the Public Rights-of-Way, when
such costs or lost revenues result from the construction, operation, or maintenance of Town facilities and any
other lawful project or activity in the Public Rights-of Way; provided, however, that the Town’s activities and
projects that result in such costs or lost revenues to Licensee are conducted in accordance with applicable laws
and regulations. Required Relocations must be accomplished in accordance with the directions from Town
including the Town’s reasonable construction schedule and made under the same terms and conditions as the
initial installation allowed pursuant to this License and Right-of-Way Use Permit. Licensee must reimburse the
Town for any direct or indirect damages incurred by the Town as a result of unreasonable delays in the Required
Relocation caused by Licensee's negligence, willful misconduct, or undue delay.
2.2 Description of the Services, System, and its Construction.
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2.2.1 Licensee may use its System only to provide Fiber Optic Communications Services, including Broadband
Service. Licensee represents and warrants that Licensee does not provide services that are considered
Telecommunications Service, Cable Service, or Video Programming service.
2.2.2 Licensee acknowledges, represents, warrants, and agrees that: (i) the Services authorized under this
License do not require a Certificate of Convenience and Necessity (“CC&N”) or other legal authorization; (ii) if a
CC&N or other authorization is required by law for certain Services, Licensee agrees that it will not provide these
Services under this License until Licensee receives the proper authorization; (iii) if Licensee obtains a CC&N or
other legal authorization during the term of this License, Licensee will furnish a copy of any legal authorization to
Town as provided in this License within 30 days of receipt of the same or the Effective Date, whichever is later;
and (iv) Licensee will indemnify, defend, save, and hold harmless the Town as provided in this License and
assume all liability and risk for Licensee’s failure to possess the proper legal authorization to provide some or all
of the Services under this License.
2.2.3 As part of Licensee’s authorized System, Licensee may install empty conduit and dark fiber within the Public
Rights-of-Way or on other Town-owned property.
2.2.4 Licensee must obtain the proper and necessary Right-of-Way Use Permit before Licensee begins any work
or construction in the Public Rights-of-Way. Licensee must obtain any other applicable permit before Licensee
begins any work or construction on Town-owned property or public Rights of Way.
2.2.5 Unless otherwise permitted by applicable law or this License and associated exhibits, including, for the
avoidance of doubt, the construction specifications set out in Exhibit C hereto, Licensee must install and construct
Licensee’s System in accordance with the Marana Town Code and this License. Licensee may lease fiber or other
assets as it deems necessary from other Persons to provide service to business customers. It is the Parties’ intent
that the Parties will work to minimize inconvenience to Marana residents and other Public Rights -of-Way users.
Before Licensee installs the System, Licensee shall submit plans and specifications for proposed construction to
the Town for approval, which approval the Town will not unreasonably delay or withhold. All work on Licensee’s
System shall comply with all lawful and reasonable requirements of Town, and must follow and comply with
industry best practices and standards, which shall be deemed to include the construction specifications set out in
Exhibit C.
2.2.6 Any changes to the System that would have required approval in Licensee’s initial Right-of-Way Use
Permit for the affected part of the System must be approved in writing by Town, whose approval will not be
unreasonably withheld, delayed, or conditioned.
2.2.7 Licensee’s installation of the System must be reasonably coordinated with other utilities and Town to
accommodate construction being simultaneously undertaken at the same location by another utility . In
accordance with applicable law, all installations must be located underground unless an exception is granted by
the Town Engineer; provided, however, that nothing in this License requires Licensee to incur any additional
expense to accommodate common installations. The provisions relating to additional expense in the foregoing
sentence relate only to coordinated common installations and are not applicable to any other section of this
License.
2.3 Location of the System.
2.3.1 At the time of proposed construction, Licensee must submit a Right-of-Way Use Permit application(s)
together with the details, plans, and specifications for Town’s review and approval, and pay all applicable
application, review, and inspection fees required by Section 4.6 before any and all construction work is performed
under the rights and privileges granted under this License. The proposed locations of Licensee’s planned
installation of its System, including related facilities or equipment, is depicted on the map attached and made a
part of this License as Exhibit A (“Service Area”). The System may be depicted more specifically in the Right-of-
Way Use Permit process, as reasonably required by Town, and shall be updated annually on the Anniversary Date
of this License. Proposed locations of the System that are part of any Right-of-Way Use
Permit(s) must also be made a part of a general depiction of Licensee’s System in Exhibit A and must be
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updated at the time of License renewal or amendment.
2.3.2 If Licensee desires to change the location of any of the System, including any related facilities or
equipment, from the location depicted in initial Right-of-Way Use Permit application(s), Licensee must submit
revised plans to apply for and obtain approval for an amendment to the Right-of-Way Use Permit prior to
installation and construction of the facilities or equipment.
2.4 Licensee Use of Town Conduit
2.4.1. The Town has constructed and is the owner, in whole or in part, of an Intelligent Transportation Systems
(ITS) conduit system constructed for the purposes of telecommunications connectivity in Marana,
Arizona comprised of conduit, innerduct, manholes, handholes, vaults, pull boxes, and support structures
needed for the use of the ITS conduit.
2.4.2 Licensee desires to acquire from the Town, from time-to-time and as the need arises, the right to use
certain ITS conduit within portions of the Town for the purpose of installing Licensee facilities, which
includes but is not limited to fiber optic cables, innerduct, tracer wires, equipment and associated
hardware, owned and/ or utilized by Licensee, and the Town desires to allow Licensee to use such
certain ITS conduit in the Town's system.
2.4.3 The following definitions shall apply to this Section 2.4:
“Additional Conduit” means Conduit for which Licensee is granted a right to use after the Effective Date of this
License and which is made subject to this License pursuant to the execution of one or more Conduit Request(s)
(as defined in this Section 2.4.3 below). Upon the execution of a Conduit Request by both parties, the term
“Additional Conduit” shall be included in the definition of “Conduit” for all purposes under this License.
“Connected Points” means the beginning and ending points of the Conduit as more specifically described in a
Conduit Request.
“Conduit” means the system of four-inch Intelligent Transportation Systems (ITS) conduit, innerducts, shared
manholes, handholes, vaults, pull boxes, support structures, and assist points needed for the use of the ITS
conduit, together with certain other associated facilities owned or operated by the Town that provide
communications continuity between the Connected Points and to which Licensee is granted use of from the Town
pursuant to this License, as it may be amended from time to time. For the purposes of this License , “Conduit”
does not include Town owned conduit installed for traffic signal operations and street lighting.
“Conduit Request” means an executed supplement to this License, a form of which is attached hereto and
incorporated herein by this reference as Exhibit E.
“Equipment” means the telecommunications equipment owned or used by Licensee to generate signals across
fiber optic cable, or copper cables, as the case may be, including tracer wires, equipment, and associated
hardware.
“Facilities” means fiber optic or copper cables and associated hardware and conduit.
“Fiber Cable” means the fiber optic cable sheath installed in the Conduit and owned by Licensee.
“Innerduct” means a system of three 1.25-inch smaller conduit (or tubes) used to subdivide larger conduit ducts
for the placement of optical fiber cables in the underground conduit system.
“Manhole” means a below ground level enclosure entered through a hole on the surface covered with a cast iron,
cast aluminum, steel, concrete or other cover, which personnel may enter and use for the purpose of installing,
operating, and maintaining facilities associated with a fiber optic communications system. As used in this License,
the term “Manhole” refers to manhole structures owned or operated by the Town and which are components of
the Conduit.
“Pull Box '' means a buried No. 7 pre-cast concrete box with an extension and a removable cover as identified in
Pima Association of Governments Standard Details, used to facilitate the pulling of cables.
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“Route” means the physical path of the Conduit required to provide continuity between the Connected Points, as
more specifically described in each Conduit Request.
“Splice” means the splicing or terminating of fiber optic cables, copper cables, or both.
“Vault” means a pre-cast concrete buried Arizona Department of Transportation No. 9 pull box with a lid for pulling
and terminating fiber optic cable runs.
2.4.4 The Town hereby grants to Licensee a non-exclusive right to access and use the Conduit, Connected
Points, Vaults, Pull Boxes, and Manholes, including permission to install Fiber Cable in the Conduit, to
interconnect Licensee’s own conduit network with the Conduit, and to terminate or Splice Fiber Cable at
the Connected Points, and to provide all necessary maintenance and repairs to the Conduit, subject to
the conditions set forth in this License. Licensee may interconnect its conduit to the Manholes or Conduit
to facilitate the Splices. All work is to be performed by Licensee at Licensee’s sole cost and expense.
2.4.5 Licensee shall mark with a stamp or medallion (or other form of identification) each Town Pull Box cover
where Licensee has placed Fiber Cable.
2.4.6 If Licensee requires the use of Conduit that is not currently populated with three 1.25-inch Innerducts,
Licensee shall be required to install a system of three 1.25-inch Innerducts in the empty Conduit prior to
use. Licensee shall notify the Town of empty Innerducts installed by but not being used by Licensee and
those empty Innerducts shall be made available for Town use.
2.4.7 If Licensee requires the use of Conduit that is populated with Town fiber optic cable but no Innerduct,
Licensee shall install Innerduct and maintain Town fiber optic cable.
2.4.8 No Splices shall be made in Town-owned Pull Boxes. Splices may be made in Vaults.
2.4.9 Licensee shall be responsible for repairing any damage that Licensee causes to Town owned Conduit,
Pull Boxes, Vaults or fiber optic cable.
2.4.10 Licensee’s right to use Additional Conduit shall be memorialized in separate and independent Conduit
Requests. Licensee may request the inclusion of Additional Conduit by executing a Conduit Request, in
the form attached hereto as Exhibit E. Approval of a Conduit Request, when deemed to be technically
and operationally feasible in the sole reasonable discretion of the Town, shall not be unreasonably
withheld, conditioned or delayed by the Town. The Town shall not unreasonably condition or delay
execution of a Conduit Request. The Town shall review and act on Conduit Requests within 15 Town
business days of receipt of the request. Subject to the provisions of Section 2.4.16 below, Licensee shall
be solely responsible for costs associated with use of Additional Conduit. Upon execution, the Conduit
Request will be incorporated into this License and fully subject to the terms and conditions of this
License.
2.4.11 Each Conduit Request executed pursuant to this License shall continue in effect until terminated by
Licensee as set forth in this License, or until expiration of the term of this License. Licensee may
terminate a Conduit Request, or Route within a Conduit Request, at any time upon 90 days’ prior written
notice to the Town. Upon termination or expiration of a Conduit Request, or a Route within a Conduit
Request, the right to use granted by that Conduit Request shall immediately terminate, all rights granted
to Licensee for use of the Conduit shall terminate, and neither Party shall owe the other any further duties
or consideration. Licensee shall remove all Licensee Property from the Conduit as prescribed in Section
2.4.21 of this License, unless the Town gives Licensee permission to abandon any Facility or Equipment
laid, directly constructed, operated, or maintained.
2.4.12 Any Conduit Request must be jointly approved by the Town’s Technology Services Director and the
Town Engineer, or their respective designees.
2.4.13 Licensee shall pay the Town a fee for the right to use granted under each Conduit Request pursuant to
this License as follows:
2.4.13.1 The fee shall be calculated by multiplying the total aggregate length of the Conduit, in feet, by the
applicable per foot rate, per year and shall be paid on an annual basis.
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August 1, 202
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2.4.13.2 The Conduit use rate for the initial term of this License is $0.40 per foot, per year.
2.4.13.3 The payment period for each Conduit Request shall begin on the applicable Conduit Request
Acceptance Date (as defined in Section 2.4.16 below) and conclude upon termination or expiration
of the Conduit Request for the Conduit in use. The fee shall be due and payable by Licensee
annually on July 30 of each year for the fiscal year in which the payment is received (July – June
Town fiscal year) and will be prorated for any conduit Request placed during that fiscal year,
payable 30 days after the applicable Conduit Request Acceptance Date.
2.4.13.4 All charges for Conduit are net of Applicable Taxes (as defined below). Except for taxes or
surcharges based on the Town’s corporate existence, status, net income, corporate property taxes,
or payroll taxes, Licensee will be responsible for all Applicable Taxes that arise in any jurisdiction,
including, without limitation, consumption, sales, use, gross receipts (except those in lieu of income
taxes), excise or other taxes, fees, charges or surcharges, however designated, imposed on,
incident to, or based upon the provision, sale, or use of the Conduit (collectively “Applicable Taxes”).
The Town represents that it has paid all applicable sales or use tax with respect to the Conduit on
the basis that the Conduit was incorporated in real property at the time it was installed in the Town’s
system, and the Parties agree to treat the transactions contemplated in this License in a manner
consistent with that position. Licensee shall pay and be solely responsible for any state or local
transfer taxes and sales taxes arising from the transactions contemplated by this License, and shall
indemnify the Town for all such taxes assessed against or paid by the Town.
2.4.14 The Conduit shall remain the property of the Town and will never be deemed a fixture to any real property
owned by Licensee or any third party. The Town and Licensee will each retain title to all of their
respective equipment, cable, electronics and facilities used in connection with this License.
2.4.15 Upon request of the Licensee, the Town will provide Licensee with CADD as-built plans that include the
Conduit. No later than 30 days after each installation of Licensee facilities in the Conduit, Licensee will
provide the Town with CADD as built plans of all Licensee facilities placed in the public right-of-way.
2.4.16 The Town does not guarantee that the condition of the Conduit is acceptable for Licensee’s purposes.
Licensee shall have 20 days after being notified by the Town that Conduit is ready for acceptance
inspection to inspect, accept or reject the Conduit (hereinafter “Inspection Period”). Licensee will perform
such tests as it deems necessary to determine the acceptability of the Conduit for its intended use. All
testing shall be at the sole cost of Licensee. If, based on the sole determination of the Licensee, the
Conduit is deemed unacceptable, the Town will assign, where available, different Conduit to the
Licensee. If any Conduit made available to Licensee along a Route fails to meet Licensee’s acceptance
criteria, Licensee shall be entitled, at Licensee’s sole discretion, to either (i) repair the unacceptable
Conduit, at Licensee’s sole cost and expense, or (ii) reject the affected portion of Conduit and be
released from any further related obligations without affecting other rights granted by this License, or (iii)
terminate this License and be released from any further obligations under the License. The “Acceptance
Date” shall be (a) the date Licensee notifies the Town in writing that it has accepted the Conduit, or (b) if
Licensee fails to respond within the Inspection Period, the date following expiration of the Inspection
Period.
2.4.17 Each Party is responsible for the safety and health of its employees, agents, and contractors while
working on the Conduit, or the facilities installation pursuant to this License. Each Party shall comply with
all applicable rules and regulations, as well as all local, state and federal environmental, health and safety
requirements, including without limitation those relating to the use and handling of hazardous materials.
2.4.18 Licensee shall be responsible for obtaining all applicable permits, licenses, or other forms of approval or
authorization necessary to install its facilities in the Conduit, prior to installation. This includes Licensee’s
obligation to obtain a right-of-way use permit pursuant to Marana Town Code Chapter 12-7 (Construction
in town rights-of-way) each time Licensee or its contractor installs, replaces, or maintains its facilities in
the Conduit.
2.4.19 Licensee shall be responsible for ownership, maintenance, and operation of its Facilities installed in the
Conduit and for compliance with all applicable laws and regulations regulating the same. Licensee shall
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at all times retain exclusive right, title, and interest in the Facilities or any other Equipment installed by
Licensee pursuant to this License.
2.4.20 Licensee, its agents or subcontractor may perform industry standard maintenance, locates and repairs for
the Conduit to ensure proper protection and functioning of the Conduit, subject to all permits and
authorizations required by applicable law, to be secured at Licensee’s sole expense. Licensee shall bear
all costs associated with industry standard maintenance, locates and repairs of the Conduit during the
Term of this License.
2.4.21 The Town may give Licensee permission to abandon, without removing, any Facility or Equipment laid,
directly constructed, operated, or maintained in the Conduit pursuant to this License.
2.4.21.1 Except for Facilities and Equipment authorized to remain in place purs uant to the preceding Section
2.4.23, Licensee shall, within a reasonable period of time, remove all abandoned Facilities and
Equipment installed in the Conduit and shall restore any affected right-of-way to its former state at
the time the Facilities and Equipment were installed in the Conduit.
2.4.21.2 Licensee shall refill, at its own expense, any excavation made by Licensee and shall leave all right -
of-way in as good condition as existed prior to the removal without materially interfering with any
electrical or telephone cable or other utility wires, poles or attachments.
2.4.21.3 The Town shall have the right to inspect and approve the condition of the Facilities and the public
right-of-way prior to and after removal from the Conduit.
2.4.21.4 The liability, indemnity and insurance provisions of this License shall continue in full force and effect
during the period of removal and until full compliance with the terms and conditions of this Section
2.4.21.
2.4.21.5 Upon Licensee’s abandonment of its Facilities pursuant to this section 2.4.21 the exclusive right to
use the Conduit is returned to the Town.
2.4.22 If the Town is required or desires to remove any of the Conduit, the Town agrees to provide Licensee not
less than 60 calendar days’ prior written notice of such removal. Upon receipt of the notice, Licensee
shall have 45 calendar days to remove all Equipment from the affected use area. Licensee shall be
entitled, at Licensee’s sole discretion, to either terminate the Conduit Request(s) covering the affected
portion of Conduit and be released from any further obligations related thereto without affecting other
rights granted in paragraph 2 above, or to terminate this License as provided in paragraph 4 above.
2.4.23 If any provision of this Section 2.4 conflicts with another provision of this License, this Section 2.4 shall
take precedence for purposes of the Licensee’s use of Town Conduit only.
SECTION 3. SCOPE
3.1 Use of Licensee’s System by Others. This License authorizes Licensee in its ordinary course of business: (i) to lease
to or contract with others for use of all or part of the System, attach to poles and/or store aerial fiber for purposes of
leasing or contracting with others for use of all or part of the system, and (ii) to sell or lease dark fibers, conduit, or any
other facilities that are parts of the System to others that have an agreement, franchise, or other licenses with the Town to
use the Public Rights-of-Way or other Town-owned property. Under this section, Licensee must first provide written notice
to the Town of the identity of the proposed user or purchaser and a description of the proposed use or sale arrangement.
In the event the lease or agreement provides for the other entity to construct, install, operate, or maintain any of Licensee's
System, no such arrangement may proceed until the other entity enters into a license with the Town for use of the Public
Rights-of-Way. Licensee may not allow third parties to use its System for any use for which Licensee itself does not have
authority under this License.
3.2 Joint Trenching. Licensee’s installation of the System must be reasonably coordinated with other utilities and the Town
to accommodate opportunities for common installation along with Licensee’s project as set forth in this license. All
installations must be located in conduit unless otherwise approved by the Town Engineer.
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3.3 Compliance with Laws. Licensee must comply with all applicable laws as amended from time to time, including but not
limited to, the Marana Town Code and Arizona and federal law, in the exercise and performance of its rights and
obligations under this License. If it is necessary for Licensee to comply with any law or regulation of the FCC or the
Arizona Corporation Commission (“ACC”) to engage in the business activities anticipated by this License, Licensee must
comply in all material respects with such laws or regulations as a condition pre cedent to exercising any rights granted by
this License; provided; however, that no such law or regulation of the FCC or ACC may enlarge or modify any of the rights
or duties granted by this License without a written modification to this License.
3.4 Reports.
3.4.1 Upon request, Licensee will provide to Town copies of any communications and reports submitted by
Licensee to any federal or state regulatory commission or agency with jurisdiction regarding any matters
that directly affect this License, subject to the same confidentiality protections, if any, applicable to the
federal or state regulatory submission.
3.4.2 In addition to the reports required in Section 4.1.3 of this License, upon Town’s reasonable request,
Licensee will provide Town with regular reports, as needed, to establish Licensee’s compliance with the
various requirements, fees, and other provisions of this License.
3.5 Non-Interference.
3.5.1 Licensee’s System must be constructed, installed, operated, and maintained to interfere as little as
possible with traffic or other authorized uses over, under, or through the Public Rights-of-Way and on other
Town-owned property. All phases of permitting, construction, traffic control, backfilling, compaction and paving,
and the location or relocation of the System are subject to Town’s jurisdiction and authority. Licensee must keep
accurate construction and installation records of the location of all its System and facilities, both aboveground
and underground within the Town and furnish them to Town within 30 days of installation. Licensee must furnish
such information in an electronic format compatible with the then current Town electronic format.
3.5.2 Licensee must locate and relocate, at its own expense, any facilities, equipment or other encroachment
installed or maintained in, on, or under the Public Rights-of-Way and on other Town-owned Property as may be
necessary to facilitate any public purpose or any governmental action by Town whenever directed to do so by
Town in writing on a non-discriminatory basis. Such relocations must be accomplished in accordance with the
directions from Town including the Town’s construction schedule and made under the same terms and
conditions as the initial installation allowed pursuant to this License and Right -of-Way Use Permit. Licensee must
reimburse the Town for any direct or indirect damages incurred by the Town as a result of delays in locations or
relocations as required by this paragraph if caused by Licensee's negligence, willful misconduct, or undue delay.
3.5.3 Licensee agrees to obtain construction and excavation permits as required by this License prior to
removing, abandoning, relocating, or repairing any portion of its System in the Public Rights-of-Way and on
other Town-owned property. Notwithstanding the foregoing, Town understands and acknowledges there may be
instances when Licensee is required to make repairs that are of an emergency nature or in connection with an
unscheduled disruption of the System. Licensee will maintain any annual permits required by the Town for such
repairs. Licensee will notify Town, if practicable, before the repairs and will apply for and obtain the necessary
permits the next business day after the repairs are initiated.
SECTION 4. FEES, CHARGES, PERFORMANCE BOND, DAMAGE TO THE PUBLIC RIGHTS-OF-WAY AND
OTHER TOWN-OWNED PROPERTY
Except as expressly stated otherwise herein, Licensee will be solely responsible for the payment of all fees
and charges in connection with Licensee’s performance under this License, including those set forth below.
4.1 Annual Fee.
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4.1.1 Licensee must pay an annual fee to use the Public Rights-of-Way and other Town-owned property under the
terms and conditions of this License and as calculated and assessed under this Section 4.1 (collectively “Annual
Fee”), subject to any offset provided for in Section 4.2 (In-Kind).
4.1.2 Licensee must pay an Annual Fee equal to $2.43 per linear foot of the System located in the Public Rights-of
Way or on other Town-owned property used to provide Fiber Optic Communications Services (the “Per Linear
Foot Fee”) up to a maximum amount that shall not exceed 3% of Licensee’s annual Gross Broadband Revenue
(the “Annual Fee Cap”). Town may, but is not obliged to, accept in-kind consideration in lieu of all or any portion of
the Annual Fee if offered by Licensee.
4.1.3 On each Anniversary Date, Licensee will report to the Town (i) the amount of linear feet of those portions of
the System, if any, subject to the Annual Fee under Section 4.1.2 permitted and installed in the Public Rights -of-
Way or on other Town-owned property (the “Linear Feet Total”) and a statement showing the product of multiplying
the Linear Feet Total by the Per Linear Foot Fee (or Adjusted Per Linear Foot Fee (as defined in Section 4.1.5), as
applicable); and (ii) a summary of Licensee’s Gross Broadband Revenue for the twelve-month period ending on
the last day of the calendar quarter ending no less than ninety (90) days prior to the Anniversary Date, multiplied
by 3%. If the amount calculated under Section 4.1.3(ii) is greater than the amount calculated under Section
4.1.3(i), the Annual Fee Cap will not be applicable and the Annual Fee shall be equal to the amount calculated
under Section 4.1.3(i). If the amount calculated under Section 4.1.3(ii) is less than the amount calculated under
Section 4.1.3(i), the Annual Fee Cap will be applicable and the Annual Fee shall be equal to the amount calculated
under Section 4.1.3(ii). Licensee shall pay the amount of Annual Fee that is due no later than sixty (60) days
following its receipt of an invoice from Town after each Anniversary Date. The Licensee must pay and the Town
must receive any Annual Fee that is due, as calculated in the preceding sentences, before the Town will issue any
new Right-of-Way Use Permits for additional facilities or equipment in the Public Rights-of-Way or other Town-
owned property.
4.1.4 In the event Licensee cancels or returns a Right-of-Way Use Permit and does not construct or install the
System approved by such Right-of-Way Use Permit, the fees Licensee previously paid for the respective Right-
of-Way Use Permit may be applied as a credit to a future Annual Fee or may be refunded to Licensee by Town.
4.1.5 The Per Linear Foot Fee will be adjusted annually based on the percentage of change in the consumer price
index (“CPI”) for the previous twelve-month period. Any change in the Per Linear Foot Fee will be referred to
herein as the “Adjusted Per Linear Foot Fee.” In no event may the Adjusted Per Linear Foot Fee be less than the
Per Linear Foot Fee for the prior year. For purposes of this License, CPI is defined as the Western Region
Consumer Price Index for All Urban Consumers, All Items, as published by the Bureau of Labor Statistics (BLS),
United States Department of Labor. Base period 1982-84 = 100. Adjusted Per Linear Foot Fees will be effective
upon the next subsequent Anniversary Date. The change in CPI will be calculated based on the change in the CPI
for the previous twelve-month period. In the event that the BLS ceases publication of the specified CPI, Town and
Licensee may determine an agreeable inflation index that most clearly approximates the Western Region CPI for
the remaining term of the License.
4.2 In-Kind. Town may from time to time request Licensee to install additional conduit to be dedicated to Town’s
ownership and use for any purpose (“Town Dedicated Conduit”) in segments of the System that, at the time of the
request, have not yet been constructed. Licensee shall evaluate such requests and engage in good faith discussions with
Town as to the schedule, specifications, fair market value, and other terms and conditions of Licensee’s cons truction of
such Town Dedicated Conduit. If the Parties agree on such terms and conditions, which shall be memorialized in writing,
then upon Licensee’s completion of construction of the Town Dedicated Conduit, Licensee shall dedicate the same to
Town by a bill of sale substantially in the form attached hereto as Exhibit F. The agreed upon fair market value of Town
Dedicated Conduit in a given year shall be offset against the total amount next due and payable by Licensee to Town,
including the Annual Fee and Area Permit Fee. Unless otherwise agreed to by the Parties, the fair market value of Town
Dedicated Conduit shall be the sum of: (i) Licensee’s actual incremental cost of installing the Town Dedicated Conduit,
and (ii) a proportionate share of Licensee’s fixed costs of installation of the segment of the System in which the Town
Dedicated Conduit is located, calculated based on the total linear feet of the Town Dedicated Conduit as a percentage of
the total linear feet of the conduit installed in such segment of the System.
4.3 Failure to Pay. Any undisputed amounts not paid by Licensee when due as described in this License shall bear
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interest at the rate of 1.5%, or the highest lawful rate, whichever is less, from the date due until paid. If it is determined
that Licensee owes a disputed amount, the amount shall accrue interest from the date the amount was originally due.
4.4 Invoice and Payment Information:
4.4.1 The Town will send invoices for fees and charges under this License to Licensee at the following
address:
Ting Internet, LLC.
c/o Tucows, Inc
96 Mowat Avenue
Toronto, ON, M6K 3M1 Canada
Invoicing contact information: Phone: 520.545-0400
Email: ap_fiber@ting.com
4.4.2 Licensee will send payment to Town under this License made payable to the “Town of Marana” at the
following address:
Town of Marana
ATTN: Finance Department
11555 W Civic Center Dr
Marana, AZ 87653
Phone: 520-382-1999
Email: financemgr@maranaAZ.gov
4.5 Taxes. Licensee must obtain any required business/sales tax licenses and pay any generally applicable Town,
county, and state transaction privilege and use tax. The Annual Fee must not be an offset to any transaction privilege tax
due and owing by Licensee.
4.6 Permit Fees and Construction Costs. In addition to the fees and taxes set forth in this Section 4, Licensee must pay
$150,000 per year (Area Permit Fees) in lieu of all permitting, plan review, inspection, testing or other applicable fees
associated with the permitting and construction of the first three (3) years. After the first three (3) years, Licensee shall
then pay those fees and charges for Right-of-Way Use Permit applications, inspection, testing, plan review, pavement
damage fees, and any other fees adopted by Town and applicable to Persons doing work in the Public Rights-of-Way or
on other Town-owned property at the time of Licensee’s application(s). The Parties acknowledge and agree that
Licensee’s payment of the Area Permit Fees is to reimburse Town for the additional resources that Town will commit to
process and approve Right-of-Way Permit and other required construction and excavation permits in a timely manner.
Accordingly, as long as Licensee is not delinquent in the payment of Area Permit Fees and Annual Fees, Town shall
process and approve all Right-of-Way Permit applications and other required construction and excavation permit
applications within 30 business days of its receipt of the same.
4.7 Performance Bond. In lieu of the bonding requirements set forth in Marana Town Code § 12-7-5(B)(6), Licensee
must furnish a performance bond as set forth below.
4.7.1 Amount; Purpose. Within 45 days after the Effective Date of this License, Licensee must furnish the Town
with a surety bond (“Bond”) in the amount of $150,000 issued by a corporate surety or financial institution
reasonably acceptable to Town and authorized to do business in the State of Arizona. The Bond will be used to
ensure: (i) the faithful performance by Licensee of all provisions of this License; (ii) compliance with all orders,
permits, and directions of any Town department having jurisdiction over Licensee’s acts or defaults under this
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License; and (iii) Licensee’s payment of any penalties, liquidated damages, claims, liens, and taxes due to the
Town that arise by reason of the construction, operation, or maintenance of the System, including cost of
removal or abandonment of any of Licensee’s property.
4.7.2 Claims Against Bond. Town may make a claim against the Bond pursuant to the terms of the Bond.
Payments to Town under the terms of the Bond shall not be deemed a cure of the default that led to the claim and
payment. Town may not seek recourse against the Bond for any costs or damages for which Town has previously
been compensated through a payment under the Bond or otherwise by Licensee. Payment of any claim under the
Bond shall constitute a credit against the amount of the applicable liability of Licensee to Town, but only to the
extent of such payment.
4.7.3 Replenishing. The terms of the Bond shall provide that, if a claim is paid under the Bond, the full amount of
the Bond shall remain in effect as surety for any subsequent claims that may be made by Town.
4.8 Damage to Public Rights-of-Way or Town-owned Property. Whenever the installation, removal, or relocation of any of
Licensee’s System is required or permitted under this License, and such installation, removal, or relocation causes damage
to Public Rights-of-Way or other Town-owned property, Licensee at its sole cost and expense must promptly repair and
return Public Rights-of-Way or other Town-owned property in which the System components are located to a safe and
satisfactory condition in accordance with applicable laws and to the specifications of the Town Engineer. Licensee shall not
be obligated to install or provide any betterment or upgrade that would exceed the characteristics of such Public Right -of-
Way or Town-owned property prior to the disturbance or damage by Licensee. If weather conditions or the availability of
materials delay permanent pavement restoration, Licensee shall provide a temporary cover consistent with industry practice
until a permanent restoration can be completed. If Licensee does not initiate the action to repair the Public Rights-of-Way or
other Town-owned property as just described, then Town shall have the option, upon 15 days’ prior written notice to Licensee,
to perform or cause to be performed such reasonable and necessary work on behalf of Licensee and to charge Licensee for
the actual costs incurred by the Town at Town’s standard rates, plus an administrative fee of 15%. Upon the receipt of a
demand for payment accompanied by detailed explanation of cost and fees incurred by Town, Licensee must, within 30
days, reimburse Town for such costs. Licensee agrees to pay within 30 days from the date of issuance of an invoice and
explanation of costs and fees from Town.
SECTION 5. TERM OF LICENSE
The term of this License and duration of the rights, privileges, and authorizations granted hereunder will be for ten (10)
years from the Effective Date. The term will automatically renew for up to three additional five (5) year terms unless
written notice of termination is provided by either Party no less than six (6) months before the end of the initial term or
any renewal term.
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SECTION 6. ACCEPTANCE AND VALIDITY
6.1 Written Acceptance. Licensee’s execution of this License constitutes Licensee’s acceptance of the License as granted
and Licensee’s agreement to be bound by and to comply with and to do everything, which is required of the Licensee by
this License. This License is effective upon the signature date of the last Party to sign this License.
6.2 Validity of License. Licensee must acknowledge that as a condition of acceptance of this License, Licensee was
required to be represented throughout the negotiations of the License by its own attorneys and Licensee had the
opportunity to consult with its own attorneys about its rights and obligations regarding the License. Licensee has reviewed
Town’s authority to execute and enforce this License and has reviewed all applicable law, both federal and state, and,
after considering the same, Licensee acknowledges and accepts the right and authority of Town to execute this License,
to issue this License and to enforce the terms herein, and Licensee agrees it will not contest or challenge Town’s authority
under applicable federal, state, or local law, as of the Effective Date, to enter into and enforce this License in any city,
state, or federal court, or regulatory or administrative agency.
SECTION 7. INSURANCE AND INDEMNITY
7.1 Insurance Responsibility. During the entire term of this License, Licensee must insure its property and activities and
must provide insurance and indemnification as follows. Licensee must procure and maintain, and must cause its
contractors to procure and maintain as provided in Section 7.2 below, until all their respective obligations have been
discharged, insurance against claims for injury to persons or damage to property that may arise from or in connection with
Licensee’s obligations under this License and Licensee’s activities including, but not limited to, the installation,
construction, relocation, removal, repair, operation, and maintenance of the System by Licensee, its agents,
representatives, employees, or contractors. The insurance requirements herein are minimum requirements for this License
and in no way limit the indemnity covenants contained in this License. The Town in no way warrants that the minimum
limits contained herein are sufficient to protect Licensee from liabilities that might arise out of this License by Licensee, its
agents, representatives, employees or contractors, and Licensee is free to purchase such additional insurance as may be
determined necessary.
7.2 Minimum Scope and Limits of Insurance: Licensee must provide coverage with limits of liability not less than those
stated below.
7.2.1 Commercial General Liability – Occurrence Form
Said insurance must also include coverage for products completed operations, independent contractors,
personal injury, property damage, and advertising injury.
Products – Completed Operations Aggregate $10,000,000
Each Occurrence $10,000,000
The policy must be endorsed to include the following additional insured language: "The Town of Marana, its
agents, representatives, officers, directors, officials, employees, and volunteers are named as an additional
insured with respect to liability arising out of the activities performed by Licensee." This endorsement may not
contain an exclusion or limitation of completed operations coverage as regards the additional insured except with
respect to the stated aggregate limits of liability.
The policy may not exclude the explosion/collapse/underground (“xcu”) hazard.
7.2.2 Automobile Liability – Bodily Injury and Property Damage for any owned, hired, and non-owned
vehicles used in the performance of work under this License.
Combined Single Limit (CSL) $1,000,000
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7.2.3 Worker’s Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $1,000,000
Disease – Each Employee $1,000,000
Disease – Policy Limit $1,000,000
Policy must contain a waiver of subrogation against the Town of Marana.
7.2.4. Tech E&O, Network Security and Privacy Liability Insurance (Cyber):
Technology E&O $5,000,000
Data Breach Liability $5,000,000
Sublimits:
Privacy Breach Expenses $2,000,000
Public Relations Expenses $2,000,000
Network Extortion $2,000,000
Network Business Interruption $2,000,000
Network Asset Damage $2,000,000
Privacy Regulatory Proceedings, Fines & Penalties $500,000
(a) In the event that the Tech E&O, Network Security and Privacy liability insurance required by this
License is written on a claims-made basis, Licensee warrants that any retroactive date under the policy
will precede the Effective Date of this License; and that either continuous coverage will be maintained or
an extended discovery period will be exercised for a period of two years beginning at the Effective Date of
this License. If such insurance is maintained on an occurrence form basis, Licensee must maintain such
insurance for an additional period of one year following termination or expiration of this License. If such
insurance is maintained on a claims-made basis, Licensee must maintain such insurance for an additional
period of three years following termination or expiration of this Licensee. If Licensee contends that any of
the insurance it maintains pursuant to other sections of this clause satisfies this requirement (or otherwise
insures the risks described in this section), Licensee must provide proof of same.
(b) The insurance must provide coverage for the following risks: (i) Liability arising from a Privacy Breach
(as defined below); (ii) Network security liability arising from the unauthorized access to the Licensee’s
Computer Systems, use of or tampering with the System including hacker attacks and, denial of service,
unless caused by a mechanical or electrical failure; and (iii) Liability arising from “Malicious Attack” (as
defined below).
(c) Cyber Definitions:
(1) “Privacy Breach” means the actual, alleged or suspected Unauthorized Collection
unauthorized release, disclosure or failure to protect from theft, loss or other
misappropriation, of Confidential Business Information or Personally Identifiable
Information, and shall include:
(i) Identity theft and identity fraud;
(ii) The violation of the Licensee’s procedures and policies intended to protect the confidentiality
of Confidential Business Information or Personally Identifiable Information by an employee
of the Licensee;
(iii) the unintentional violation by a Senior Executive of the Licensee’s procedures and
policies intended to protect the confidentiality of Confidential Business Information or
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Personally Identifiable Information, or;
(iv) Actual or alleged violation of any federal, provincial, territorial, state, foreign or local
privacy statute or law directly resulting from the foregoing.
(v) Privacy Breach shall also include any actual or alleged failure to provide any required
notices in connection with the matters as described above in this paragraph.
(2) “Malicious Attack” means intentional hacking, damaging, corrupting or misusing the
Licensee’s Computer systems, including Unauthorized Access or the insertion of Malicious
Code by a third party or an employee of the Licensee. A Malicious Attack does not include
hacking or the insertion or Malicious Code by a Senior Executive if such hacking or
insertion of Malicious Code by a Senior Executive is intentional and with intent to cause
harm.
(3) “Malicious Code” means any virus, trojan horse, worm or other similar software program, code
or script intentionally designed to insert itself into computer memory, a computer file, onto a
computer disk or spread itself from one computer to another with intent to cause harm.
7.3 Hazardous Substances. Licensee does not anticipate that work under the license will require the movement of
Hazardous Substances. In the event that the work performed under the License requires the transportation of any
Hazardous Substances by motor vehicle, Licensee must inform the Town of Marana and obtain appropriate insurance.
7.4 Additional Insurance Requirements: The policies must contain, or be endorsed to contain, the following provisions:
Licensee’s insurance coverage must be primary insurance and non-contributory with respect to the obligations that
Licensee has undertaken under this License. The policies must contain a severability of interest clause and waiver of
subrogation against the Town, its officers, officials, agents, volunteers, and employees, for losses arising from work
performed by the Licensee under this License.
7.5 Notice of Cancellation: Each insurance policy required by the insurance provisions of this License will endeavor to
provide the required coverage and must not be canceled except after 30 days’ prior written notice has been given to the
Town. Such notice must be sent directly to the addresses listed below:
Town of Marana
Attention: Town Manager
11555 W Civic Center Drive
Marana, Arizona 85653
Phone: 520-382-1904
Email: townmanager@maranaAZ.gov
With a copy to: Marana Legal Department
11555 W Civic Center Drive
Marana, Arizona 85653
Phone: 520-382-1999
7.6 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the
State of Arizona and with an "A.M. Best" rating of not less than A-VII. Town in no way warrants that the above-required
minimum insurer rating is sufficient to protect Licensee from potential insurer insolvency.
7.7 Verification of Coverage: Licensee must furnish Town with certificates of insurance (ACORD form or equivalent
approved by Town) and endorsements as required by this License. The certificates for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by Town before work commences. Each insurance policy required by this License must be in effect
at or prior to commencement of work under this License and remain in effect for the duration of the License. Failure to
maintain the insurance policies as required by this License or to provide evidence of renewal is a material breach of this
License. All certificates required by this License must be sent directly to the Town of Marana at the addresses listed in
Section 7.5. The License number and description are to be noted on the certificate of insurance. At Town’s request,
Licensee must make copies of all insurance policies required by this Licensee available for Town’s review through a
representative and at a location within Maricopa County, Arizona designated by Licensee.
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7.8 Contractors: Licensee’s certificate(s) contractors must maintain separate insurance as determined by Licensee
and contractors must name Town of Marana as an additional insured, however, contractor’s limits of liability must
not be less than $1,000,000 per occurrence, $2,000,000 aggregate.
7.9 Approval: Any modification or variation from the insurance requirements in this License must have prior approval
from the Office of the Town Attorney, whose decision will be final. Such action will not require a formal contract
amendment, but may be made by administrative action.
7.10 Indemnity.
7.10.1 Licensee shall defend, indemnify and hold harmless the Town, its Mayor and Councilmembers, officers,
agents, employees, boards, and commissions (collectively, including Town, “Town Indemnitees”) from and
against all third-party claims, demands, damages, losses and expenses of any nature (including an award
of reasonable attorneys’ fees), sustained by the Town Indemnities on account of any suit, judgment,
execution, claim or demand whatsoever arising out of or resulting from the acts or omissions of Lice nsee, its
customers, officers, agents, employees, contractors, successors or assigns (collectively, “Licensee and its
Agents”), or the performance of work by Licensee and its Agents pursuant to this License or the installation,
operation, or maintenance of the System, whether or not any act or omission complained of is authorized,
allowed or prohibited by this License (each, a “Claim”), except to the extent such Claim arises due to the
sole and active negligence or willful misconduct of the Town Indemnitees. The amount and type of
insurance coverage requirements set forth in this License will not be construed as limiting the scope of the
indemnity stated in this section. In the event of any Claim specified in this section, the Town Indemnitees
shall give reasonable, prompt notice to Licensee of such Claim. Failure of the Town Indemnitees to timely
give such notice to Licensee shall relieve Licensee of its indemnity obligations hereunder only to the extent
Licensee is actually prejudiced or damaged by such failure. Licensee shall have reasonable control of the
defense of any action or litigation of a Claim and all negotiations for the settlement or compromise of the
same, except that Licensee may not make any non-monetary settlement or compromise without the Town
Indemnitees’ consent, which consent shall not be unreasonably withheld or delayed. The Town Indemnitees
shall cooperate with Licensee in the defense and settlement of any Claim at Licensee’s expense. No Town
Indemnitee shall take any action to settle, to compromise or otherwise to make any payment, admission, or
statement to or for the benefit of any third-party claimant without Licensee's written consent.
7.10.2 For the avoidance of doubt, Licensee’s customers shall be considered third parties for purposes of this
Section 7.10, and the Parties acknowledge that Licensee shall indemnify Town Indemnitees against any
suit, judgment, execution, claim or demand whatsoever from its customers, so long as it is alleged to arise
or result from the installation, operation, maintenance, repair, or condition of any facilities authorized under
this License including the System, the delivery of services over the System, or the condition of public or
private property altered as a result of Licensee’s activities.
7.11 Risk of Loss. Licensee assumes the risk of any and all loss, damage or claims related to Licensee’s use of the Public
Rights-of-Way or other Town-owned property, Licensee or third parties throughout the term of this License and the term(s)
of any and all permits. Licensee must be responsible for any and all damage to its property and equipment related to this
License unless caused by the negligence of the Town or its agents or contractors.
SECTION 8. TRANSFER OF LICENSE
8.1 Assignment Requiring Consent. Except as otherwise set forth in this Section 8, (i) this License and the related rights
and privileges may not be assigned or otherwise transferred without the express written consent of the Town, which
consent will not be unreasonably withheld, conditioned, or delayed and (ii) this License may not be sublet or assigned, nor
must any of the related rights or privileges be leased, assigned, sold or transferred, either in whole or in part, nor must
title, either legal or equitable, or any right, or property interest pass to or vest in any Person other than Licensee, by act of
the Licensee or operation of law, without the written consent of Town, which consent will not be unreasonably withheld,
conditioned, or delayed. If the License is assigned or otherwise transferred pursuant to this Section, it must be subject to
all the obligations and privileges of this License including any amendments, which will remain in effect, as if the assigned
License was the original License. No such assignment or transfer will be valid unless Licensee and the proposed
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transferee submit a binding license and warranty to the Town stating that:
8.1.1 The proposed transferee has read, accepts, and agrees to be bound by the terms of the License;
8.1.2 The proposed transferee assumes all obligations, liabilities, and responsibility pursuant to the License for
the acts and omissions of Licensee, known and unknown, for all purposes, and agrees that the transfer will not
permit it to take any position or exercise any right which Licensee could not have exercised; and
8.1.3 The transfer will not substantially diminish the financial resources available to the Licensee.
8.2 Assignment Requiring Notice. Notwithstanding the foregoing, prior consent will not be required for transfer to any entity
which owns or controls, is owned or controlled by, or under common control with the Licensee, or to any entity that
acquires (whether through merger, acquisition, sale of assets, or otherwise) all or substantially all of the broadband Internet
access business of Licensee together with the broadband Internet access businesses of all of Licensee’s Affiliates.
8.3 Notice to Town. Prior to executing such transfer described in section 8.2, Licensee and the proposed transferee
must submit to the Town a description of the nature of the transfer, and submit complete information regarding the
effect of the transfer on the direct and indirect ownership and control of the Licensee.
8.4 Binding on Assignee. After assignment, this License, including any amendments, shall be binding on the assignee
to the full extent that was binding upon Licensee.
8.5 Conditional Ownership. Nothing in this Section prohibits a pledge, hypothecation, mortgage, or similar instrument
transferring conditional ownership of all or part of Licensee’s assets to a lender or creditor in the ordinary course of
business. In the event a lender assumes control of the assets and operation of Licensee, the lender may assume the rights
and obligations of the Licensee. The Lender may not transfer or change control of the License without submitting the
change to the Town for approval. If the lender does continue operation on any basis at any time, the lender shall be
subject to all provisions of the License. No later than three (3) years after assumption of control by the lender, the lender
must apply to the Town for the right to continue assumption of control or to transfer the License. Application by the Lender
for approval of assumption of control or transfer must be subject to consent by the Marana Town Council that may not be
unreasonably denied, conditioned, or withheld. A "Lender" for the purposes of this License does not include a Licensee,
Person, or corporation, or other entities that operate cable television systems or fiber optics telecommunications systems
as a principal or important business. This paragraph is intended to prohibit the intentional use of lending and/or foreclosure
as a method for effecting change of control or transfer of the License without Town Council review and approval.
SECTION 9. NON-EXCLUSIVE RIGHTS
9.1 Non-Exclusive Rights. This grant is not exclusive and nothing herein contained may be construed to prevent Town
from granting other like or similar grants or privileges to any other Person, or to deny to or lessen the powers and
privileges granted Town under the Constitution and laws of the State of Arizona.
9.2 Priority Rights. Any and all rights granted to Licensee under this License must be exercised at Licensee’s sole cost and
expense and are subject to the prior and continuing right of Town to use all the Public Rights-of-Way and other Town-
owned property concurrently, with any other Person or Persons, and further will be subject to all deeds, easements,
dedications, conditions, covenants, restrictions, encumbrances, and claims of title that may affect the Public Rights-of-Way
and on other Town-owned property. Nothing in this License will be construed to grant, convey, create, or vest a perpetual
real property interest in land to Licensee, including any fee or leasehold interest, easement, or any franchise rights.
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SECTION 10. MATERIAL BREACH
10.1 Material Breach by Licensee. Licensee, its affiliates, agents, employees, contractors, successors, assigns, and
representatives must comply with and perform each obligation required of Licensee as set forth in this License. Licensee’s
failure to cure an Event of Default as described in Section 10.2 within 30 days from the date the notice is deemed received
from the Town, or such longer period of time as may be reasonable under the circumstances, provided the cure is
commenced within the thirty (30) day period after notice from Town and Licensee is proceeding with reasonable diligence
to complete such cure, constitutes a material breach by Licensee.
10.2 Events of Default. All agreements and permits issued to Licensee under this License are approved upon the
condition that each of the following events will be deemed an “Event of Default” for Licensee’s failure to perform or satisfy
the following material obligations:
10.2.1 If Licensee fails to make timely payment of the fees and charges required under any license
agreement or permit granted by the Town.
10.2.2 If Licensee fails to operate the System under the terms and conditions set forth in this License.
10.2.3 If Licensee fails to maintain any insurance or surety bond required under this License.
10.2.4 If Licensee engages in a pattern of repeated failure (or neglect) to timely perform or observe any
provision of this License. After Town has once given notice of any failure by Licensee to comply with its
obligations set forth in this License, the following constitute a repeated failure by Licensee to comply with such
provision: (i) the Town issues a notice of default to Licensee within any 30-day period following the notice date
of a prior event of default, (ii) the Town issues three or more notices of default related to the same obligation
under this License to Licensee within any 90-day period following the notice date of a prior event of default, or
(iii) the Town issues six or more notices of default related to the same obligation under this License to Licensee
within any 12-month period following the notice date of a prior event of default.
10.3 Town's Remedies for Material Breach. Upon the occurrence of any uncured material breach or at any time thereafter,
Town may, at its option, exercise at Licensee’s expense any or all or any combination of the following cumulative remedies
in any order and repetitively at Town's option: (i) revoke any or all license agreements and permits to the extent permitted
by Section 12; the Town’s revocation does not terminate Licensee’s obligations arising during the time simultaneous with
or prior to or the revocation, and in no way terminates any of Licensee’s liability related to any breach of this License; (ii)
pay or perform, for Licensee’s account, in Licensee’s name, and at Licensee’s expense, any or all payments or
performances required to be paid or performed by Licensee; (iii) abate at Licensee’s expense any violation of this License;
(iv) notwithstanding anything under this License to the contrary, unilaterally and without Licensee’s or any other Person’s
consent or approval, draw upon, withdraw or otherwise realize upon or obtain the value of any letter of credit, escrowed
funds, insurance policies, or other deposits, sureties, bonds, or other funds or security held by Town or pledged or
otherwise obligated to Town by Licensee or by any third party (whether or not specifically mentioned herein) and use the
proceeds for any remedy permitted by this License; (v) require an additional security deposit adequate in Town's sole
discretion to protect the Public Rights-of-Way; or (vi) assert, exercise, or otherwise pursue at Licensee’s expense any and
all other rights or remedies, legal or equitable, to which Town may be entitled.
10.4 Non-waiver. Licensee acknowledges Licensee’s unconditional obligation to comply with this License. No failure by
Town to demand any performance required of Licensee under this License, and no acceptance by Town of any imperfect
or partial performances under this License, will excuse such performance or impair in any way Town's ability to insist,
prospectively and retroactively, upon full compliance with these terms and conditions. No acceptance by Town of
payments or other performances hereunder will be deemed a compromise or settlement of any right Town may have for
additional, different, or further payments or performances as provided for in these terms and conditions. Any waiver by
Town of any breach of condition or covenant herein contained to be kept and performed by Licensee will not be deemed or
considered as a continuing waiver and will not operate to bar or otherwise prevent Town from declaring a default for any
breach or succeeding or continuing breach either of the same condition or covenant or otherwise. No statement, bill, or
notice by Town or Licensee concerning payments or other performances due hereunder, or failure by Town to demand any
performance hereunder, will excuse Licensee from compliance with its obligations nor estop Town (or otherwise impair
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Town's ability) to at any time correct such notice and/or insist prospectively and retroactively upon full compliance with this
License. No waiver of any description (including any waiver of this sentence or paragraph) will be effective against Town
unless made in writing by a duly authorized representative of Town specifically identifying the particular provis ion being
waived and specifically stating the scope of the waiver.
10.5 Reimbursement of Town's Expenses. Licensee must pay to Town within 30 days after Town’s demand any and all
amounts expended or incurred by Town in performing Licensee’s obligations (upon Licensee’s failure to perform the
same after notice from Town).
SECTION 11. ABANDONMENT
11.1 Abandonment; Removal of Facilities. In the event that the use of a substantial part of any of the System is
discontinued for any reason for a continuous period of two years for reasons other than Force Majeure, or in the event
such System or property has been installed in any Public Rights -of-Way or other Town-owned property without complying
with the requirements of this License, or this License has terminated or been revoked, Licensee must promptly, upon being
given 60 days’ notice from the Town, begin removal of the System and related appurtenances from the Public Rights-of-
Way and other Town-owned property other than such underground facilities which the Town may permit to be abandoned
in place. In the event of such removal, Licensee must restore the Public Rights-of-Way and other Town-owned property or
other area from which such property has been removed to a condition as existed prior to the removal of the structure or
property consistent with Section 12.5.
11.2 Permanent Abandonment. The System and any other property of Licensee remaining in the Public Rights of-Way and
other Town-owned property without the consent of the Town 180 days after the revocation of the License will be at the
option of the Town considered permanently abandoned. Any Licensee property permitted to be abandoned in place will be
abandoned consistent with applicable law.
SECTION 12. LICENSE REVOCATION
In addition to the remedies set forth in Section 10, the Town may revoke, alter, or suspend this License as follows.
12.1 Revocation for Nonuse. Not later than 24 months after the Effective Date, Licensee must offer and provide Fiber
Optic Communications Services to at least one Subscriber within the Service Area authorized by the License or amended
License unless the Licensee cannot meet the requirement for reasons beyond the Licensee’s control as provided in the
License. If the Licensee fails to comply with this section, the Town may revoke this License for the affected Service Area.
12.2 Revocation for Cause. This License may, after Town Council consideration, be revoked, altered, or suspended by the
Town as the Town deems necessary for any of the following events of default: (i) Licensee’s failure to comply with any
federal, state, local, or administrative order, law, permit, regulation, or consent decree as such may apply to Licensee’s
activities and services as contemplated in this License; (ii) fraud by Licensee, in its conduct or relations under this Licen se;
(iii) Licensee’s willful or grossly negligent repeated violation of this License; and (iv) if Licensee is t he subject of a voluntary
or involuntary bankruptcy, receivership, insolvency, or similar proceeding or if any assignment of any of Licensee’s property
is made for the benefit of creditors or if Licensee is not regularly paying its debts as they come due.
12.3 Additional Cure Period. Due to the gravity of the events of default listed in Section 12.2, Licensee is provided
additional time (when compared to Section 10) to cure these events of default. If any of the foregoing events in Section
12.2 occur, Licensee must cure the default within 60 days after receipt of notice from the Town as provided in Section
14.15. Licensee will be held in material breach under this Section 12: (i) if Licensee fails to cure the event of default listed in
Section 12.2 within 60 days after notice from the Town; or (ii) if an event of a default listed in Section 12.2 cannot be cured
within 60 days after notice from the Town and Licensee fails to begin and diligently pursue to cure the default.
12.4 Town Determination; Town Council Consideration. If Licensee fails to provide services as set forth in Section 2.2 or
Licensee is held in material breach as provided in Section 10.1, the Town will notify Licensee as provided in Section 14.15
of the Town’s determination to terminate, postpone for a period, or proceed with the revocation, alteration, or suspension of
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this License. As part of this determination, the Town will state the principal reasons that support the Town’s determination.
Licensee may appeal the Town’s determination within ten business days from the date of the determination by sending
notice as provided in Section 14.15. If Licensee fails to timely appeal the Town’s determination or if Licensee’s appeal fails,
the Town may proceed to terminate, postpone for a period, or proceed with the revocation, alteration, or suspension of this
License by presenting this matter to the Marana Town Council for consideration at a regularly scheduled Council meeting.
The Town will send a written statement of proposed action by certified U.S. mail, return receipt requested, to Licensee as
provided in Section 14.15. The written statement of proposed action must include the date and time of the Town Council
meeting and the principal reasons for the proposed action. The Town Council may take any final action the Council deems
necessary and prudent related to the License.
12.5 Removal of Facilities. Upon revocation of this License, the Town may declare a forfeiture, whereupon all rights and
privileges of Licensee under this License will immediately be divested without a further act upon the part of Licensee, and
Licensee must promptly remove its structures or property from the Public Rights-of-Way and other Town-owned property
and restore the Public Rights-of-Way and other Town-owned property to the condition as existed prior to the removal of
the structure or property. Upon Licensee’s failure to do so within six months of revocation, the Town may perform the
work and collect the Town’s cost from Licensee. At the Town’s option, Licensee may abandon structures or property in
place as provided in this License. At a minimum, the Public Rights-of-Way and other Town-owned property must be
restored to a condition as existed before the removal of the structures or property.
SECTION 13. EFFECT OF EXPIRATION, REVOCATION, OR TERMINATION OF LICENSE
13.1 Services. Upon expiration, revocation, or termination of this License due to Licensee’s lack of a license, permit, or
other approval or agreement that may be lawfully required to allow Licensee to continue use of the Public Rights-of-Way
and other Town-owned property, Town shall give Licensee 180 days from the date of expiration, revocation, or
termination to commence the necessary proceedings to obtain any such license , permit, or other approval or agreement.
13.2 Holding Over. In any circumstance whereby Licensee continues to occupy the Public Rights-of-Way and other Town-
owned property after the expiration of this License, the Licensee’s hold over operates as a renewal or extension of this
License on a month-to-month basis that may be terminated at any time by the Town upon 60 days' written notice to
Licensee, or by Licensee upon 60 days’ written notice to the Town.
SECTION 14. GENERAL CONDITIONS
14.1 License Administrator and Enforcement. In all matters of License administration, Town has authority to determine
Licensee’s compliance with the terms and provisions of the License, and in the event of non-compliance, to exercise any
or all of the remedies included in this License.
14.2 Right of Inspection of Construction. Town may inspect all construction or installation work performed subject to the
provisions of this License and to make such tests as it deems necessary to ensure compliance with the term s of this
License and other pertinent provisions of law.
14.3 Right of Intervention. Town may intervene in any suit or proceeding related to or arising out of this License to which
Licensee is party, and Licensee may not oppose such intervention by Town.
14.4 Public Records Acknowledgment. Notwithstanding any provision in this License, Licensee acknowledges and
understands that Town is a political subdivision of the State of Arizona and is subject to the disclosure requirements of
Arizona’s Public Records Law (A.R.S. §§ 39-121 et seq.).
14.5 Permission of Property Owner Required. This License does not convey the right to install any part of Licensee’s
System on private property.
14.6 Compliance With Laws. Licensee must comply with all federal, state, and Town ordinances, resolutions, rules,
and regulations related to the rights and duties granted Licensee under this License.
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14.7 No Recourse. Licensee has no recourse whatsoever against Town or its officials, boards, commissions, agents,
or employees for any loss, costs, expense, or damage arising out of any provision, requirement, enforcement, or
defect in this License.
14.8 License Documents. Licensee must submit to Town the Bond within 30 days of the Effective Date and insurance
certificates as required by the License within 90 days of the Effective Date. The License granted is not legally operative
until all of Licensee’s requirements in this Section are completed. In the event Licensee does not timely satisfy these,
this License will be deemed null and void unless Licensee’s time period to comply is extended by the Town Council.
14.9 Survival of Warranties. Licensee’s representations and warranties made as part of the grant of this License or any
permit issued under this License survive termination or revocation of this License.
14.10 Hazardous Substances. Licensee will, at its own cost, be responsible for proper investigation and management of
all Hazardous Substances under its control, including Hazardous Substances Licensee uses, generates, or disposes of,
and must comply with all Environmental Laws to carry out its obligations under this License. In the event L icensee
releases to the environment Hazardous Substances under its control, to the extent that a governmental agency with
jurisdiction requires reporting, investigation, cleanup or remedial measures to be taken, Licensee must, at its sole cost and
expense, promptly undertake such required actions. If Licensee discovers a Pre-existing Environmental Condition,
Licensee will immediately notify Town in writing as provided in Section 14.15.
14.11 Right of Cancellation. Licensee acknowledges that this License is subject to cancellation by Town under A.R.S.
§ 38-511.
14.12 Covenant Against Contingent Fees. Licensee warrants that no Person has been employed or retained to solicit or
secure this License upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee; and
that no member of the Town Council, or any employee of the Town has any interest, financially or otherwise, in this
License. For breach or violation of this warranty, Town has the right to annul this License without liability or at its discretion
to deduct from the License price or consideration, the full amount of such commission, percentage, brokerage, or
contingent fee.
14.13 Independent Contractor. Any provision in this License that may appear to give Town the right to direct Licensee or
Licensee the right to direct Town as to the details of accomplishing the work or to exercise a measure of control over the
work means that the party will follow the wishes of the other party as to the results of the work only.
14.14 Jurisdiction; Governing Law; Venue. As a condition of the grant of this License, Licensee acknowledges and
accepts that Licensee is subject to personal and subject matter jurisdiction of Arizona state courts. Arizona law governs
this License, both as to interpretation and performance. Any action at law, suit in equity, or judicial proceeding to enforce
this License must be instituted in a court located in Pima County, Arizona.
14.15 Delivery, Procedure of Notices and Communications. All notices, consent, or other communication under this
License must be in writing and: (i) delivered in person; or (ii) sent by electronic mail and deposited in the United States
mail, postage prepaid, certified mail, return receipt requested; or (iii) deposited with any commercial air courier or
express service and addressed as follows:
To Licensee: Ting Internet, LLC
Attn: Chief Networks Officer and EVP of Operations
5225 N. Sabino Canyon Rd.
Tucson, AZ 85750
Phone: 919.698.5341
Email: jason.s@ting.com
with a copy to: ewoods@tucows.com
To the Town: Town of Marana
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Attention: Town Manager
11555 W Civic Center Drive
Marana, Arizona 85653
Phone: 520-382-1904
Email: townmanager@maranaAZ.gov
With a copy to: Marana Legal Department
11555 W Civic Center Drive
Marana, Arizona 85653
Phone: 520-382-1999
Notice will be deemed received at the time it is personally served, on the second day after its deposit with any commercial
air courier or express service, on the next business day following the day it is sent by electronic mail with record of delivery
confirmation through electronic mail return-receipt, or by confirmation that the electronic mail was accessed, downloaded
or printed, or, if mailed, three calendar days after the notice is deposited in the United States mail as evidenced by the
certified mail receipt. Any time period stated in a notice will be computed from the time the notice is deemed received
unless noted otherwise. Any party may change its mailing address, phone number, email address or the person to receive
notice by notifying the other party as provided in this Section. Notices sent by electronic mail must also be sent by certified
mail to the recipient at the above address.
14.16 Organization/Employment Disclaimer. This License is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture, agreement, or relationship, partnership, or formal business organization of any kind, and the
rights and obligations of the Parties will be only those expressly set forth in this License.
14.17 Entire Agreement; Amendment; Waivers. This License, and its exhibits, which are incorporated herein by this
reference and are attached and/or on file at Town and available for inspection, constitute the entire agreement between
Town and Licensee with respect to the transactions contemplated therein and supersede all prior negotiations,
communications, discussions and correspondence, whether written or oral, concerning the subject matter hereof. No
supplement, modification, or amendment of any term of this License will be deemed binding or effective unless executed in
writing by the Parties. No waiver of any of the provisions of this License will be deemed, or will constitute, a waiver of an y
other provisions, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver is binding unless
expressly executed in writing by the Party making the waiver.
14.18 Right of Parties. Nothing in this License, whether express or implied, is intended to confer any right or remedies
under or by reason of this License on any Persons other than the Parties to this License and their respective
successors and permitted assigns, nor is anything in this License intended to relieve or discharge any
obligation or liability of any Person who is not a party to this License, nor will any provisions in this License give any
Persons not a party to this License any right of subrogation or action over or against any Party to this License.
14.19 Construction. This License is the result of negotiations between the Parties, none of whom has acted under any
duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this License will be
construed in accordance with their usual and customary meanings. The Parties hereby waive the application of any rule
of law that otherwise would be applicable in connection with the construction of this License that ambiguous or conflicting
terms or provisions should be construed against the party who (or whose attorney) prepared the executed License or any
earlier draft of the same. The words "hereof,” "herein," "hereunder" and similar terms in this License refer to this License
as a whole and not to any particular provision of this License. All references to "Sections" herein refer to the sections and
paragraphs of this License unless specifically stated otherwise. The section and other headings contained in this License
are inserted for convenience of reference only, and they neither form a part of this License nor are they to be used in the
construction or interpretation of this License.
14.20 Severability. If any covenant, condition, term, or provision of this License is held to be illegal, or if the application of
this License to any Person or in any circumstances to any extent be judicially determined to be invalid or unenforceable,
the remainder of this License or the application of such covenant, condition, term, or provision to Persons or in
circumstances other than those to which it is held invalid or unenforceable, must not be affected, and each covenant,
term, and condition of this License is valid and enforceable to the fullest extent permitted by law.
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14.21 Cooperation and Further Documentation. Each of the Parties agree to provide the other with such additional and
other duly executed documents as are reasonably requested to fulfill the intent of this License.
14.22 Force Majeure. For the purpose of any of the provisions of this License, neither Licensee nor Town, as the case
may be, will be considered in breach of or in default of their obligations under this License as a result of the enforced
delay in performance of such obligations due to unforeseeable causes beyond its control and without its fault or
negligence, including, but not limited to: acts of God, acts of the public enemy, acts of the Federal Government, acts of
the Salt River Project, acts of Pima County, acts of the State of Arizona or any of its departments, acts of any railroad,
fire, floods, epidemics, pandemics, strikes, lock outs, freight embargoes, and unusually severe weather; it being the
purpose and intent of this provision that in the occurrence of any such enforced delay, the time for performance of
Licensee’s and the Town’s obligations, as the case may be, will be extended for the period of the enforced delay,
provided that the party seeking the benefit of this provision will have notified the other party in writing of the cause or
causes, and requested an extension for the period of the enforced delay. If notice by the party claiming such extension
is sent to the other party more than 30 days after commencement of the cause, the period of delay will be deemed to
commence 30 days prior to the giving of such notice.
14.23 On-Call Assistance. Licensee must be available 24 hours a day, seven days a week to Town staff of any Town
department with jurisdiction over Licensee’s activities related to problems or complaints resulting from the installation,
operation, maintenance, or removal of the System.
14.24 Legal Worker Requirements. A.R.S. § 41-4401 prohibits Town from awarding a contract to any party who fails, or
whose contractors fail, to comply with A.R.S. § 23-214(A). Therefore, Licensee and each contractor it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees and their compliance with §
23-214, subsection A. A breach of this warranty will be deemed a material breach of this License and may be subject to
penalties up to and including revocation of the License. Town retains the legal right to inspect the papers of Licensee’s
or contractor’s employees who provide services under this License to ensure that Licensee and its contractors comply
with this warranty.
14.25 Lawful Presence Requirement. A.R.S. §§ 1-501-502 prohibits Town from awarding a contract to any natural person
who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person
must produce qualifying identification and sign a Town-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business
organizations such as corporations, partnerships, or limited liability companies.
14.26 Written Acceptance. Licensee’s execution of this License constitutes Licensee’s acceptance of this License as
granted and its agreement to be bound by and to comply with the terms and conditions of this License. Licensee’s
signature must be acknowledged by Licensee before a notary public.
14.27 Data Confidentiality and Data Security. As used in this License, data means all information, whether written or
verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports, calculations, internal
memos, meeting minutes, data field notes, work product, proposals, correspondence and any other similar documents or
information obtained by or transmitted to Licensee as part of the terms and conditions of this License. Except as
specifically provided in this License, Licensee must not divulge data to any third party without the Town’s prior written
consent. These prohibitions do not apply to the following data: (i) data which was known to the Licensee prior to the
Effective Date; or (ii) data which was acquired by the Licensee in its performance under this License and which was
disclosed to the Licensee by a third party, who to the best of the Licensee’s knowledge and belief, had the legal right to
make such disclosure and the Licensee is not otherwise required to hold such data in confidence; or (iii) data which is
required to be disclosed by virtue of law, regulation, or court order, to which the Licensee is subject. Licensee assumes all
liability to maintain the confidentiality of the data in its possession and agrees to compensate the Town if any of the
provisions of this Section are violated by the Licensee, its employees, agents, or subcontractors. Solely for the purposes of
seeking injunctive relief, it is agreed that a breach of this Secti on must be deemed to cause irreparable harm that justifies
injunctive relief in court.
14.28 Personal Identifying Information-Data Security. Personal identifying information, financial account information, or
restricted Town information, whether electronic format or hard copy, must be secured and protected at all times by
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Licensee. At a minimum, Licensee must encrypt or password-protect electronic files. This includes data saved to laptop
computers, computerized devices, or removable storage devic es. When personal identifying information, financial account
information, or restricted Town information, regardless of its format, is no longer necessary, the information must be
redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed,
or reconstructed. In the event that data collected or obtained by Licensee or its agents in connection with this License is
believed to have been compromised, Licensee or its agents must immediately notify the Town contact. Licensee agrees
to reimburse the Town for any costs incurred by Town to investigate potential breaches of this data and, where
applicable, the cost of notifying individuals who may be impacted by the breach. It is further agreed that a violation o f this
Section must be deemed to cause irreparable harm that justifies injunctive relief in court. The obligations of Holder under
this Section must survive the termination of this License.
14.29 Public Emergency. Town shall have the right, because of a public emergency, to sever, disrupt, dig-up or otherwise
destroy facilities of Licensee without any prior notice to Licensee, if the action is deemed reasonably necessary by the
Town Manager, Town Engineer, Police Chief, Public Works Director, or Water Director. A public emergency may be any
condition which, in the opinion of any of the officials named, poses an immediate threat to the lives or property of the
residents of the Town or others caused by any natural or man-made disaster, including but not limited to, storms, floods,
fire, accidents, explosions, major water main breaks, hazardous material spills, etc. Licensee will be notified by the Town
of the public emergency and the action taken by the Town as soon as reasonably possible. Licensee shall be responsible
for repair at its sole expense of any of its facilities damaged pursuant to any such action taken by Town.
14.30 Blue Stake. Licensee must comply with A.R.S. §§ 40-360.21-360.32 by participating as a member of the Arizona
Blue Stake Center with the necessary records and persons to provide location service of Licensee’s facilities upon receipt
of a locate call or as promptly as possible, but in no event later than two working days. A copy of the License or proof of
membership must be filed with the Town.
14.31 Inspection and Audit of License Provisions. All books, accounts, reports, files, and other records related to the
calculation of the Annual Fee (and the basis on which the Annual Fee is calc ulated) License (collectively “Records”) are
subject at all reasonable times to inspection and audit by the Town, including for five years after the expiration or
termination of this License. Licensee must produce the Records at a mutually agreed to time a nd location within Pima
County, Arizona.
14.32 Authority. Each party represents to the other that the person signing on its behalf has the legal right and
authority to execute, enter into, and bind such party to the commitments and obligations set forth herein.
[Signature page follows]
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IN WITNESS WHEREOF, the Parties duly execute and agree to be bound by this License as of the Effective Date.
The “Town”:
TOWN OF MARANA, an Arizona municipal
corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
“User”:
TING INTERNET, LLC., a Delaware limited liability
company
By:
Name: ________________________________
Title: __________________________________
Date:
STATE OF ____________________ )
) ss.
County of ____________________ )
The foregoing instrument was acknowledged before me this ___ day of , 2023, by
_________________________, _____________________________ for TING INTERNET, LLC., a Delaware limited liability
company, on behalf of the LLC.
(Seal)
Notary Public
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EXHIBIT A Service Area
Licensee intends to build its network in the below service area, in four construction Area Work
Zones. Build sequence to be confirmed by Final Construction Plan.
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EXHIBIT B
Right-of-Way Use Permit Specifications
A. Licensee's Overall Town Final Construction Plan shall designate four to twelve geographic
regions, in each of which Licensee shall apply for an individual Area Permit.
B. All Right-of-Way Use Permitting by the Licensee shall be subject to the Town’s general permit
requirements, subject to the exceptions and additions noted below. For the avoidance of doubt,
in the event of a conflict between the Town’s general permit requirements and this Exhibit B,
this Exhibit B shall govern.
C. Licensee shall, at the time it applies for each Area Permit:
1. Submit to the Town Engineer the permit application information, which shall identify
the specific location of the Public Rights-of-Way in which the proposed construction
is to take place, which shall include:
a. The geographic overview of the extent of the projected Public Rights-of-Way to
be permitted by the Area Permit.
i. To conform with the Town Code 12-7-5 B.5.a, Licensee will use the
Town supplied 2022 imagery layer to depict the pavement, curbs,
driveway, sidewalks and landscaping;
ii. To conform with the Town Code 12-7-5 B.5.b, Licensee will depict all
relevant Town utilities and structures requested by Licensee and
provided to the Town.
b. The Design Plan (showing the north arrow, design details, method of
construction details, restoration details, locations of proposed conduits and
structures) shall be prepared at a print sizing of 24” x 36”. As Licensee intends
to using boring methodology not currently covered under Town Code or Pima
County code, the diagraming shall include:
i. North Arrow correctly oriented.
ii. Labels for Streets and cross streets
iii. Parcel address numbers where applicable.
iv. The size and type as well as the approximate running line of new duct and
fiber facilities
v. The size and type as well as the approximate placement of Licensee
handholes and service boxes, pull points, and junctions.
vi. Designate the construction techniques to be used in accomplishing the
installation.
vii. Typicals will include:
1. Bore, trench, structure installation and restorations typicals
2. Standard offset from curb or sidewalk
c. Typical Traffic Control Plans for traffic lanes and sidewalks per the federal Manual
Uniform Traffic Control Devices guidelines.
d. Preliminary schedule of the work to be performed
e. Sample of the notification letter/door hangers
f. Certificate of Insurance as described by the Fiber Optic Communications License.
g. Performance Bond as described by the Fiber Optic Communications License
2. Verify that Licensee has obtained, or will obtain prior to commencing the
construction, approval for the placement of the Facilities and any required permits
from any other entity (not including departments or agencies of the Town) whose
approval is required by law.
3. Be current on all applicable fees for the requested permit or permits; and
4. Submit the Area Permit application through the Town portal.
D. Upon reasonable consideration of the dates requested by the Licensee and other planned
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and/or ongoing construction work in the affected Public Rights-of-Way, and without causing
material delay to Licensee, the Town Engineer, after consultation with Licensee, shall
determine the timing of the proposed construction and duration of Area Permits. It is
anticipated Area Permits will apply for no less than 12 mont hs with the option to renew for
additional six-month periods as needed.
E. In addition to the Area Permit, Licensee shall apply for and be granted a Blanket Permit to
install Service Drops. A Service Drop shall be defined as a singular network extension from the
existing Licensee Infrastructure to a building or structure where a service request has been
made.
1. A Simple Drop shall be defined as a singular from the ROW to Private Property and
terminating to the same Private Property.
2. Complex Drop would encompass any Service Drop that is constructed underneath
hardscape Town assets such as sidewalks.
3. A Single Blanket Permit shall be submitted at the end of each Calendar Month and
consist of a list of:
a. The address of Each Service Drop installation for the previous Calendar Month.
b. The designation of Simple or Complex of Each Service Drop.
c. Dates during which any excavation occurred for Each Service Drop.
d. Brief Description for Each Service Drop.
e. Quality Photos of the restoration of Each Service Drop.
4. Blanket Permits for Service Drops are subject to the notification, inspection, and
restoration requirements of the Area Permit.
F. Licensee shall publicize scheduled work related to the construction of the Network by providing:
1. Written notice of such work to the Public Works Director or his/her Designee at least
thirty (30) days before the commencement of such work. No later than ten (10) days
prior to beginning construction along any specific portion of the Public Rights -of-Way,
2. Notification to those Persons affected by such construction not less than three (3) days
prior to construction. Affected Persons may be notified by mail, distribution of flyers
and/or door hangers to residences.
3. Licensee shall create and maintain a website for public dissemination of the gener al
progress and updates to provide adequate notice to affected Persons.
4. Any notification must provide adequate information to notify the affected Persons of the
construction work that is to be undertaken, as well as the name and telephone number
of a contact person designated by Licensee to respond to questions that affected
Persons may raise.
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EXHIBIT C
Construction Specifications
A. All construction in the Public Rights-of-Way by the Licensee shall be subject to the Town’s
general Public Rights-of-Way construction and restoration requirements, subject to the
exceptions and additions noted below. For the avoidance of doubt, in the event of a conflict
between the Town’s general construction and restoration requirements and this Exhibit C,
this Exhibit C shall govern.
B. Licensee agrees that construction of Facilities in the Public Rights -of-Way shall be done in
such locations and in such manner so as not to unreasonably interfere with existing water,
gas, storm or sanitary sewers, traffic signal, street light and other utilities and conduits in the
Public Rights-of-Way, or with the public’s use of the Public Rights-of Way, and shall to the
maximum degree feasible, be coordinated with any construction being simultaneously
undertaken at the same location by another provider of telecommunications, broadband, or
cable service, or by a provider of utilities. A drawing will be required showing the location of
the work or the use requested in the permit application and any associated equipment,
together with typical Traffic Control Plan (TCP) plans shall be submitted with the Area
Permit application. The TCP plan shall be separate from drawings identifying the typi cal
location within each Public Rights-of-Way in which the proposed construction is to take
place. The TCP plan must meet the requirements of the current version of the Manual on
Uniform Traffic Control Devices.
C. Licensee will comply with the Town’s construction noise ordinance, as it is in effect at the
time construction is occurring, regardless of the date of permit issuance date.
D. The following exceptions to the Town’s general Public Rights -of-Way construction and
restoration requirements shall apply:
1. Licensee shall be permitted to deploy at any one time, without separate written
permission from the Town Engineer, at least one but no more than twenty
excavation crews. Permission may be granted for deployment of more than twenty
crews, or for crews in excess of the stated size, upon submission of a written
request and coordination with the Town Engineer.
2. After work is started in one Area Permit, a new permit may be filed by Licensee for
the next Area Permit. Work in up to three permit regions may be permitted
simultaneously provided field work progress, including resolution to any issues that
may arise in due course of the work that have been identified are proactively being
addressed to the satisfaction of the Town Engineer.
3. The typical depth of the underground facilities may be 24 inches from the existing
grade in all road classifications except those non-residential roads classified as
Major Streets at the time the permit is issued and as depicted on the Marana
interactive Web Viewer.
a. Underground facilities placed in nonresidential streets that are classified as
Major Streets may be placed at 48 inches from the existing grade.
4. Licensee shall provide the name and contact information for Licensee’s liaison who
will participate in contact meetings with Town permit staff to ensure traffic and
parking impact information has been provided for the current Permit for 311 and
communication purposes.
E. In compliance with and with exceptions to Marana Town Code, the underground facilities
installations by Licensee will primarily utilize directional boring or similar construction
techniques will:
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1. Install HDPE micro ducts bundled as the fiber network design requires with
individual ducts no greater than not greater than 1 inch in outside diameter.
Individual ducts may be sheathed together in one or more bundles.
2. Installation of extra conduits will be placed on an as needed basis according to the
Licensee network design criteria.
3. Will not require the encasement in concrete and magnetic tapes not practical for
boring methodologies. However tracer wire will be placed with underground
installations, such that the conduit can be located per blue stake laws.
4. The applicant shall be responsible for verifying the location of all underground
utilities in accordance with the “blue stake” provisions of state law, A.R.S. § 40-
360.22. The excavator shall visually check the drill head each time it passes through
potholes, entrances and exit pits, including during pullback. The pothole excavation
in paved areas shall be restored to the extent of the excavation as described in
section.
5. Licensee shall follow standard pothole restoration for boring methodology regardless
of pavement condition:
a. Edges of pothole to be saw cut with lines either perpendicular or parallel to
direction of travel or by circular cores not to exceed 8" diameter.
b. Sand layer may be used to encapsulate existing and proposed utilities with
at least 1” of cover
c. Layered with flowable cementitious slurry approved by the Town Engineer
d. Topped with the Perma-Patch products, a hot asphalt mix, or other material
approved by the Town Engineer.
e. Compacted prior to traffic
f. Pothole restoration to be performed in 1 sq ft increments not to exceed 2 sq
ft total.
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Exhibit D Co-Location of Licensee Equipment
A. Licensee may be provided colocation space for certain equipment within specific municipal
facilities (the “Properties”). Licensee has requested and the Town of Marana has agreed to
allow the following equipment placement for fee as follows:
1. Marana Operations Center
a. Licensee will place 2 secured Equipment Cabinets (the Racks) measuring
approximately 32 x 32 x 84 inches.
b. Town to provide Licensee with generator backed AC power via 2 dedicated
240V-30A circuits terminated to two L6-30R outlets above each of the Rack
locations. Licensee shall pay for the cost associated with the delivery of the
circuits.
c. Licensee shall construct 2 redundant paths of underground conduit for
ingress and egress cabling from the public right of way to the Racks.
d. All ducts and raceways constructed and paid for by Licensee as a result of
this License, will remain the sole responsibility of the Licensee for the
purposes of ownership, maintenance, and access, until the termination of
this License.
e. With prior written approval from the Town, Licensee may utilize existing
points of entry conduits owned by Town. Town will work in good faith with
Licensee to modify existing or install new cable management from cable
entry/exit points to location of Licensee Racks.
f. Town will work in good faith with Licensee to modify existing or install new
cable management from cable entry/exit points to location of the Racks.
2. Marana Municipal Complex
a. Licensee will place 2 secured Equipment Cabinets (the Racks) measuring
approximately 32 x 32 x 84 inches.
b. Town to provide Licensee with generator backed AC power via 2 dedicated
240V-30A circuits terminated to two L6-30R outlets above each of the Rack
locations. Licensee shall pay for the cost associated with the delivery of the
circuits.
c. Licensee shall construct 2 redundant paths of underground conduit for
ingress and egress cabling from the public right of way to the Racks.
d. All ducts and raceways constructed and paid for by licensee as a result of
this License, will remain the sole responsibility of the licensee for the
purposes of ownership, maintenance, and access, until the termination of
this License.
e. With prior written approval from the Town, Licensee may utilize existing
points of entry conduits owned by Town. Town will work in good faith with
Licensee to modify existing or install new cable management from cable
entry/exit points to location of Licensee Racks.
f. Town will work in good faith with Licensee to modify existing or install new
cable management from cable entry/exit points to location of the Racks.
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B. For consideration of the aforementioned, Licensee will pay the Town of Maran a:
1. $250 per month for each equipment rack
2. Pay the actual cost of electrical usage at a rate that is current to the prevailing
rate paid by the Town. Licensee, at its sole cost, will do one of the following as
agreed to by the Town
a. Place a sub-meter that can be read and reimburse the cost of electric to the
Town of Marana; or
b. Place a meter that will be billed directly to Ting by the serving electric
company; or
3. Town and Licensee may mutually agree upon in-kind compensation per
Section 4.2 of the Town of Marana Fiber Optic Communications License
issued to Licensee.
C. All operations, maintenance, repairs, and replacement of Licensee equipment shall be
performed at the sole expense of the Licensee in a workmanlike manner, after any and all
permits required by law have been obtained, in compliance with all applicable laws to
minimize impact and interference to the Town’s operations. Licensee shall, at its own
expense, replace or repair any damage caused to the facility as a result of installation,
operation, or maintenance by any of its agents, employees, representatives, contractors,
sub-contractors, or invitees. If Licensee fails to repair any such damage, Town may, in its
sole discretion, repair or refinish such damage and Licensee shall reimbur se Town for its
actual costs incurred by the Town at Town’s standard rates, plus an administrative fee of 15%.
Town shall provide the Licensee with 10 days’ notice prior to completing or taking action of
any repair of damage.
D. Licensee shall at all times be solely responsible for, maintaining and keeping Licensee
equipment, hardware, and racks in a clean, sanitary, safe working condition, free of defects
at all times during this License.
E. ACCESS. Subject to the reasonable Building Rules and Regulations (hereinafter defined)
from time to time in effect in the Buildings (including Town's reasonable restrictions to ensure
security and privacy in the Buildings), Town agrees that Licensee and its employees,
contractors, subcontractors, agents and representatives shall have access to the sites and
the Licensee Equipment 24 hours a day, 365 days a year. As used herein, "Building Rules
and Regulations" shall mean the reasonable security, access, construction, operational,
technical, sales, advertising, marketing, service and similar policies, standards, and
guidelines (including requirements relating to contractor qualifications, procedures and
insurance), as may be promulgated by the Town, as such Building Rules and Regulations
may be reasonably modified from time to time, which Building Rules and Regulations shall
be uniformly enforced against all Licensees, building contractors and telecommunications
service Licensees in a nondiscriminatory manner.
F. VEHICULAR INGRESS AND EGRESS. Town grants to Licensee, and Licensee’s agents,
employees and contractors, a non-exclusive right and easement for pedestrian and vehicular
ingress and egress across the Properties. Licensee’s vehicular access is limited to areas
paved with asphalt or concrete only, which Licensee acknowledges and understands do not
extend directly to the sites, but Licensee shall have full pedestrian access over the
Properties from the paved areas to the sites. Furthermore, in the event that circumstances
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so require, Licensee shall have vehicular access over the non-paved areas to the sites only
with the prior consent of Town. In such an event, Licensee shall be responsible for and will
promptly repair any damage caused by such access.
G. AUTHORIZED PERSONNEL LIST. For security purposes, Licensee shall provide Town with
a list of the names of all personnel who are authorized to enter onto the sites pursuant to this
License. The list shall be updated whenever a change of personnel occurs. Town is
authorized to block entry to any personnel whose name is not on the list.
H. Damage to Licensee equipment, caused by Town, its employees, agents, contractors,
subcontractors, or invitees, shall be reported to Licensee immediately upon Town becoming
aware. Town shall reimburse the Licensee for any and all reasonable costs associated with
the replacement or repair of equipment.
I. Town shall, at its sole cost and expense except as set forth below, install and maintain an
HVAC system capable of maintaining temperature of the leased space within reasonable
working and operating temperatures of 72 degrees Fahrenheit, +/- 6 degrees Fahrenheit. If
Licensee finds temperatures that exceed normal operating/working temperatures, Licensee
to alert Town, who shall move forward with a remediation or repair of the issue immediately
upon being alerted in a timely manner.
1. Town shall provide Licensee a quote to conduct a site assessment with a
qualified professional to determine if upgrades are required to the building in
order to facilitate the co-location space request by Licensee. Licensee shall
cover third party consultant costs for this assessment, up to a maximum of
$10,000 USD, per site. This assessment shall be completed for both the Marana
Operations Center, and the Marana Municipal Complex.
2. Any upgrades that are determined to be required as a result of the site
assessment, shall be discussed with Licensee prior to commencement of work,
and Licensee shall have the right to decline to proceed with the required
upgrades at its sole discretion, as a result of expected cost, time to complete, or
other factors. If Licensee declines to proceed with the required upgrades,
Licensee shall not place its equipment in the Town facility. If Licensee decides to
proceed with the upgrades, Licensee shall pay for the HVAC and electrical
upgrades required to accommodate Licensee’s requested co-location space.
Licensee shall provide written notice to Town as to whether Licensee wishes to
proceed with or cancel the co-location request. The co-location requests for the
Marana Operations Center and Marana Municipal Complex are independent,
and Licensee reserves the right to approve the cost for upgrades at both, one, or
none of the facilities.
3. Licensee shall provide Town with the proposed BTU output of equipment
expected to be installed within colocation racks to assist with the site
assessment.
J. Any maintenance to be completed to the components within the facility that directly or
indirectly affect Licensee operations, such as maintenance to items including but not limited
to backup power or cooling systems of Licensee racks, Town should provide Ting with 14
days of notice, or as much as is reasonably possible, prior to date of work performance.
K. Any maintenance to be completed to the electrical circuits directly feeding Licensee racks,
that can be reasonably expected to impact or provide a loss of power to racks, shall be
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Exhibit A to Marana Resolution No. 2023-080
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TOWN OF MARANA FIBER OPTIC COMMUNICATIONS LICENSE ISSUED TO TING INTERNET, LLC
36
completed during an overnight period between 2am and 6am local time, with no fewer than
21 days of notice to Licensee prior to work performance, unless otherwise specified in
writing by the Licensee.
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Exhibit A to Marana Resolution No. 2023-080
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TOWN OF MARANA FIBER OPTIC COMMUNICATIONS LICENSE ISSUED TO TING INTERNET, LLC
37
Exhibit E: Form of Conduit Request
Conduit Request #____
This document constitutes a "Conduit Request" pursuant to Section 2.4 of the FIBER OPTIC
COMMUNICATIONS LICENSE (the “License”) entered into by and between the Town of Marana, an
Arizona municipal corporation ( the "Town"), and Ting Internet, LLC., a Delaware limited liability
company ("Licensee") on __________ , 20____. This Conduit Request is hereby incorporated into
the License and is expressly made subject to all of the terms and conditions set forth in the License.
To the extent that there is any inconsistency between the License and this Conduit Request, the
License shall control except as expressly provided herein to the contrary. Capitalized terms used in
this Conduit Request shall have the same meanings set forth in the License, unless the context
requires otherwise. The effective date of this Conduit Request shall be the date of the last signature
by the Parties.
Upon execution of this Conduit Request by both Parties, and subject to the provisions of the
License, the Town hereby grants to Licensee, and Licensee hereby accepts from the Town, a non -
exclusive right to access and use the Additional Conduit described in Section A of this Conduit
Request.
Section A
Additional Conduit
1. The Additional Conduit shall follow a Route as generally depicted on the map attached to this
Conduit Order as Attachment 1. The Additional Conduit shall begin and end at the Connected Points
described in Table A.1 below.
2. The total aggregate length of the Additional Conduit is _____ feet.
Table A.1
Route # Starting Connection Point Ending Connection Point Conduit Footage
Section B
Delivery Date; General
1. The Town shall make ready the Additional Conduit and notify Licensee, in writing, of its availability
for acceptance inspection by , __________ 20___.
2. This Conduit Request may be executed via facsimile, electronic signature, or scanned documents
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and in multiple counterparts, each of which when taken together shall constitute one and the same
document.
In confirmation of their consent and agreement to the terms and conditions contained in this Conduit
Request, and intending to be legally bound by this Conduit Request, the Parties have executed this
Conduit Request on the dates set forth below.
“Town":
Town of Marana
By:
Name:
Title:
Date:
__________________________________
__________________________________
__________________________________
__________________________________
“Licensee":
Ting Internet LLC
By:
Name:
Title:
Date:
__________________________________
__________________________________
__________________________________
__________________________________
Attachment 1 to Conduit Request #____
Map of Additional Conduit Requested
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Exhibit A to Marana Resolution No. 2023-080
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TOWN OF MARANA FIBER OPTIC COMMUNICATIONS LICENSE ISSUED TO TING INTERNET, LLC
39
Exhibit F: Bill of Sale of Licensee-Built Town Dedicated Conduit
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Ting
Internet, LLC., a Delaware limited liability company (“Seller”), does hereby grant, bargain, transfer, sell, assign,
convey and deliver to the Town of Marana, an Arizona municipal corporation, as represented by the Town Council
and acting through the Town Manager or the Town Manager’s designee (“Buyer”), all of its right, title, and interest in
and to the Town Dedicated Conduit, as such term is defined in th e Fiber Optic Communications License Issued to
Ting Internet, LLC, dated as of the last date of signature thereto (the “License Agreement”) by and between Seller
and Buyer, and as further described pursuant to written agreement between Buyer and Seller dat ed [●], and in Table
1 below, to have and to hold the same unto Buyer, its successors and assigns, forever.
1. The Dedicated Conduit shall follow a Route as generally depicted on the map attached to this Bill of
Sale as Attachment 1. The Dedicated Conduit shall begin and end at the Points described in Table
A.1 below.
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Exhibit A to Marana Resolution No. 2023-080
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TOWN OF MARANA FIBER OPTIC COMMUNICATIONS LICENSE ISSUED TO TING INTERNET, LLC
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Table A.1
Route # Starting Point Ending Point Conduit Footage Sale Price
Total:
Buyer acknowledges that Seller makes no representation or warranty with respect to the assets being
conveyed hereby except as specifically agreed upon in writing between Seller and Buyer in the License Agreement.
IN WITNESS WHEREOF, Seller has duly executed this Bill of Sale as of [●].
TING INTERNET, LLC
Town of Marana
By_____________________
Name:
Title:
By_____________________
Name:
Title:
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TOWN OF MARANA FIBER OPTIC COMMUNICATIONS LICENSE ISSUED TO TING INTERNET, LLC
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Attachment 1 to Bill of Sale
Map of Town Dedicated Conduit
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Council-Regular Meeting A2
Meeting Date:08/01/2023
To:Mayor and Council
From:David L. Udall, Town Clerk/Assistant Town Attorney
Date:August 1, 2023
Strategic Plan Focus Area:
Proactive Public Services
Subject:Resolution No. 2023-081: Relating to Water; approving and authorizing the
Mayor to sign the Agreement for Construction of Water Facilities Under
Private Contract, a temporary water wheeling agreement, for Twin Peaks
Crossings (David L. Udall)
Discussion:
On August 8, 2020, the Town Council approved an Intergovernmental Agreement
Between the City of Tucson and the Town of Marana relating to the Delivery of Central
Arizona Project Water, recorded in the office of the Pima County Recorder on August
21, 2020 at Sequence No. 20202340063 (the “Wheeling IGA”). The IGA allows Marana
Water to provide potable water service to certain areas of land that (1) are within the
Marana town limits, (2) are too far away from Marana Water's existing water
infrastructure to receive cost-effective service from Marana Water, and (3) are close
enough to be served by water infrastructure owned and operated by the Tucson Water
Department (“Tucson Water”) but do not meet Tucson Water’s service area policy. The
Wheeling IGA requires that the Town use its own CAP water, which will be wheeled
through Tucson Water’s potable water system to points of interconnection to the new
Marana Water customers. The wheeling agreement allows for up to 250 acre-feet per
year of total water wheeled.
At an October 13, 2020 Study Session, staff requested policy feedback on when and
under what conditions to use the Wheeling IGA for prospective developments. Staff
took the Council's feedback and after further research and careful consideration,
returned to Council on January 19, 2021. The Council approved staff's recommended
approach for applying the Wheeling IGA:
For locations in Marana Water’s intended service area, the project must connect to
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For locations in Marana Water’s intended service area, the project must connect to
Marana Water infrastructure. No wheeling is allowed. All applicable impact fees
must be paid.
If the project is located in an area where Marana Water does not intend to extend
infrastructure (i.e. outside its intended service area), the project will be a
candidate for permanent wheeling. Temporary wheeling is not permitted. These
developments are required to pay a fee for acquiring additional water resources,
since these developments are not currently included in projected water
developments in the Town's current Designation of Assured Water Supply
(DAWS).
A copy of the Water Wheeling Policy is attached.
The owners of property generally located near the southeast corner of Twin Peaks
Road and Tangerine Road (see attached map), currently known as Twin Peaks
Crossings, have requested that the property receive water via the Wheeling IGA. The
property is within the Town's intended service area, which, pursuant to the Town's
Water Wheeling Policy, would mean that the property is not eligible for wheeled water
and must connect to Marana Water infrastructure. However, prior to the approval of
the current Policy, the property owners had been in discussion with the Town and
Tucson Water to receive wheeled water.
Given the timing of the events as described above, the property owners requested an
exception to the Water Wheeling Policy, and the request was brought before the Town
Council during the December 7, 2021 regular Town Council meeting (excerpts of the
meeting minutes are attached). At that meeting, Town Attorney Jane Fairall explained
that, if Council approved the request, the Town would re-engage with Tucson Water
regarding this property and the Town and the property owners would enter into an
agreement regarding water service that would be brought to Council for approval at a
later date. At a minimum, the agreement would require the following: 1) that the
property owners pay a fee equal to the water infrastructure impact fee, in recognition
of the project's future connection to the Town's system; 2) that the property owners
dedicate certain property to the Town for future Water infrastructure; and 3) that the
property will be required to connect to the Town's system when the Town extends its
infrastructure to the property (meaning this would be a temporary wheeling
agreement). The Town Council unanimously voted to grant an exception to the Water
Wheeling Policy so long as there was a mutual agreement between the parties.
Since that time, the property owners have been in negotiations with Tucson Water and
the Town regarding such an agreement, and the parties are now ready to present the
agreement before the Town Council. In addition to water service agreement terms and
conditions, if adopted, the attached agreement would permit temporary water
wheeling pursuant to the Wheeling IGA and require: 1) that the property owners to
pay a fee equal to the water infrastructure impact fee, in recognition of the project's
future connection to the Town's system, which would total $456,918.00; 2) that the
property owners dedicate a 150-foot by 150-foot portion of the property owner's
property to the Town for future Water infrastructure; and 3) that the property connect
to the Town's water system within 90 days of the date the Town extends its own water
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infrastructure to the property.
Financial Impact:
The agreement will result in In-Lieu fees equal to the water infrastructure impact fees
in the amount of $456,918.00 and other applicable fees.
Staff Recommendation:
Staff recommends approval of Resolution No. 2023-081.
Suggested Motion:
I move to adopt Resolution No. 2023-081, approving and authorizing the Mayor to sign
the Agreement for Construction of Water Facilities Under Private Contract, a
temporary water wheeling agreement, for Twin Peaks Crossings.
Attachments
Resolution No. 2023-081
Exhibit A - Twin Peaks Crossing Wheeling Agreement
Water Wheeling Policy
Excerpts of 12/07/2021 Regular Council Meeting Summary Minutes
Location Map
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- 1 -
Resolution No. 2023-081
MARANA RESOLUTION NO. 202 3-081
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER
PRIVATE CONTRACT, A TEMPORARY WATER WHEELING AGREEMENT, FOR
TWIN PEAKS CROSSINGS
WHEREAS Redwing Investments, LLC, an Arizona limited liability company,
desires for the Town to provide water services to certain lands currently known as
Twin Peaks Crossings, described and depicted in: the Warranty Deed recorded in the
office of the Recorder of Pima County, Arizona, on May 28, 2019, at Sequence
20191480308, the Warranty Deed recorded in the office of the Recorder of Pima
County, Arizona, on May 28, 2019, at Sequence 20191480309, the Warranty Deed
recorded in the office of the Recorder of Pima County, Arizona, on May 28, 2019, at
Sequence 20191480310, the Warranty Deed recorded in the office of the Recorder of
Pima County, Arizona, on May 15, 2019, at Sequence 20191350880, and the Warranty
Deed recorded in the office of the Recorder of Pima County, Arizona, on March 20,
2020, at Sequence 20200800361; and
WHEREAS Town staff has negotiated an Agreement for C onstruction of Water
Facilities Under Private Contract for Twin Peaks Crossings, which agreement
incorporates the terms and conditions of the Intergovernmental Agreement Between
the City of Tucson and the Town of Marana relating to the Delivery of Central
Arizona Project Water recorded in the office of the Recorder of Pima County,
Arizona, on August 21, 2020, at Sequence No. 20202340063 (commonly referred to as
the “Water Wheeling IGA”); and
WHEREAS the Mayor and Council of the Town of Marana find that the terms
and conditions of the agreement are in the best interests of the Town of Marana and
its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, that the Town of Marana Agreement for
Construction of Water Facilities Under Private Contract for Twin Peaks Crossings,
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 sign 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.
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- 2 -
Resolution No. 2023-081
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of August, 2023.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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Exhibit A to Marana Resolution No. 2023-081
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00076000.DOCX /1
11555 WEST CIVIC CENTER DRIVE / MARANA, ARIZONA 85653 / (520) 382-2500 / FAX: (520) 382-2590 / MaranaAZ.gov
Date: September 28, 2021
From: Jing Luo, Water Director
____________________________________________________
Wheeling IGA Policy
____________________________________________________
EFFECTIVE IMMEDIATELY
Purpose
The purpose of this document is to define and standardize the Marana Water
Department’s (“Marana Water”) policy regarding the utilization of the Intergovernmental
Agreement Between the City of Tucson and the Town of Marana relating to the Delivery
of Central Arizona Project Water, recorded in the office of the Pima County Recorder on
August 21, 2020 at Sequence No. 20202340063 (the “Water Wheeling IGA”).
Background
The Water Wheeling IGA was approved by Marana Resolution No. 2020-087 on August
8, 2020. The IGA allows Marana Water to provide potable water service to certain areas
of land that (1) are within the Marana town limits, (2) are too far away from Marana Water's
existing water infrastructure to receive cost-effective service from Marana Water, and (3)
are close enough to be served by water infrastructure owned and operated by the Tucson
Water Department (“Tucson Water”) but do not meet Tucson Water’s service area policy.
The Water Wheeling IGA requires that the Town use its own CAP water, which will be
wheeled through Tucson Water’s potable water system to points of interconnection to the
new Marana Water customers. The wheeling agreement allows for up to 250 acre-feet
per year of total water wheeled.
Policy
If a project or development is within Marana Water’s intended service area, the project or
development must connect to Marana Water’s infrastructure. Wheeling pursuant to the
Water Wheeling IGA may not be utilized for a project or development within Marana
Water’s intended service area.
If a project or development is located in an area where Marana Water does not intend to
extend infrastructure, the project or development may be a candidate for permanent
wheeling pursuant to the Water Wheeling IGA. Temporary wheeling is not permitted.
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00076000.DOCX /1
11555 WEST CIVIC CENTER DRIVE / MARANA, ARIZONA 85653 / (520) 382-2500 / FAX: (520) 382-2590 / MaranaAZ.gov
Approval from both Marana Water and Tucson Water must be obtained before any project
or development can be considered as a candidate for permanent wheeling pursuant to
the Water Wheeling IGA. If both entities approve the wheeling of water to the subject
location(s), two (2) separate and distinct Water Service Agreements, one between the
developer of the project or development and Marana Water and one between the
developer of the project or development and Tucson Water, will be required.
If approved, the developer must comply with all plan review processes, submittals,
modeling and permitting applicable to both Marana Water and Tucson Water, and the
developer must pay all applicable fees to both entities.
The required onsite infrastructure shall be constructed by the developer and shall
thereafter be owned, operated, and maintained by Marana Water.
The required offsite infrastructure shall be constructed by the developer and shall be
thereafter owned, operated, and maintained by Tucson Water.
Authority
This policy was approved by the Marana Town Council on January 19, 2021 at its regular
Town Council Meeting and will be applied administratively by Marana Water.
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