HomeMy WebLinkAboutOrdinance 2023.033 Amending Comprehensive Fee Schedule Adding Fees Related to the Marana Public Art Policy 20232720492
SCRIVE
09/29/2023 02:03:36 PM Page: 1 of 3
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA AZ
ESTABLISHED 1977
NOTICE OF SCRIVENER'S ERROR
The Town of Marana is recording a SCRIVENER'S ERROR for Marana Ordinance No.
2023.033. The ordinance was originally recorded on 09/22/2023 at Sequence No.
20232650153 in the Pima County Recorder's Office. The ordinance included Town of
Marana Agreement for Construction of Sewer Facilities Under Private Contract Monarch
Blocks 1, 11, 12, and 13.
This Scrivener's Error reflects the correction by removing the Town of Marana
Agreement for Construction of Sewer Facilities Under Private Contract Monarch
Blocks 1, 11, 12, and 13 from Marana Ordinance No. 2023.033.
Dated: September 29, 2023 --- —.,
___,,,&„- ,
David Udall
Marana Town Clerk/Assistant Town Attorney
NOTARIAL ACKNOWLEDGMENT
State of Arizona
County of Pima
This instrument was acknowledged before me this 29th day of September, 2023, by David Udall.
4 /,,.", Nolette Hernandez 0 !�
I/ Notary Public i NOTARY P a F'
14 Pima County,Arizona
\' i. 4, My Comm.Expires 04-11-23
4 ,.,, . Commission No.564180
20232650153
ORDIN
09/22/2023 10:46:30 AM Page: 1 of 9
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA ORDINANCE NO. 2023.033
RELATING TO FINANCE; AMENDING THE TOWN OF MARANA
COMPREHENSIVE FEE SCHEDULE BY ADDING FEES RELATED TO THE MARANA
PUBLIC ART POLICY AND A GENERAL PLAN MAP MINOR AMENDMENT, IN
CONJUNCTION WITH A TRANSLATIONAL OR NON-SITE ANALYSIS REZONING;
AND DESIGNATING AN EFFECTIVE DATE
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 August 1, 2023, via Ordinance No.
2023.022; 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 by adding the
following fees (only added fees are shown; all other fees remain unchanged):
Fee/Description Amount Unit of Measure Notes
DEPARTMENT: Development
Services
Marana Public Art Fund See notes Per Building Permit Contribution shall be a
percentage of the building
permit valuation, not to exceed
$150,000.00.
Commercial, office and multi-
family uses shall contribute
1%.
Industrial use shall contribute
0.5%.
General Plan Map Amendment- $500.00 Per Amendment Non-refundable
Minor; In conjunction with a
Translational or Non-Site
Analysis Rezoning
00091569.DOCX/1
Ordinance No.2023.033 - 1 -
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. This ordinance shall become effective on November 1, 2023.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 19th day of September, 2023.
Mayor Ed Honea
ATTEST: APPROV D AS TO FORM:
/Aderf
ar .__ _...0"
David L. Udall, Town Clerk Ja irall, Town Attorney
MARANA AZ
ESTABLISHED 1977
00091569.DOCX/1
Ordinance No.2023.033 - 2 -
•
TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF
SEWER FACILITIES UNDER PRIVATE CONTRACT
Monarch Blocks 1, 11, 12, and 13
THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN OF
MARANA,an Arizona municipal corporation(the"Town"),FCD MARANA VENTURE I,L.L.C.,an
Arizona limited liability company("FCD"), and SBH MARANA LP,an Arizona limited partnership
("SBH"). The Town,FCD,and SBH 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. SBH is the master developer of land described and depicted in Blocks 1, 11, 12,
and 13 of the Vanderbilt Farms Blocks 1 Thru 13 Final Plat, recorded in the Pima County
Recorder's office on July 13,2005 at Sequence No.20051340763,as re-platted in Re-Plat of Final
Block Plat for Vanderbilt Farms Blocks 1 Thru 13 & 11A,recorded in the Pima County Recorder's
office on June 29, 2020 at Sequence No. 20201810353, which land area is referred to in this
Agreement as the "Subject Property."
C. FCD is the sole beneficiary of LANDMARK TITLE ASSURANCE AGENCY, LLC, an
Arizona limited liability company, as Trustee under Trust No. 2105 and not otherwise ("Trust No.
2105"), which is the title owner of the Subject Property, and to the extent the trust's interests are
implicated, is signing this Agreement in its capacity as sole beneficiary of the trust.
D. Trust No. 2105 has entered into an agreement granting SBH's predecessor in
interest an exclusive option to purchase all or a portion of the Subject Property. The option
agreement is evidenced by a Memorandum of Option Agreement recorded in the Pima County
Recorder's Office at Sequence No. 20211610165.
E. For purpose of this Agreement,"Developer"refers to any and all entities that shall
develop the property pursuant to this Agreement, including FCD and SBH (if and to the extent
FCD or SBH decides to develop) and successor developers and builders.
F. The Developer desires for the Town to provide sewer service to the Subject
Property.
G. As a condition of securing sewer service from the Town for the Subject Property,
the Developer agrees to install those certain sewer infrastructure improvements (the"Developer-
Installed Facilities") in accordance with the required plans, specifications, and materials as
outlined and depicted in the Public Paving and Sewer Plans for Monarch - Block 1 Lots 1 Thru
254 and Common Areas "A-Z & AA", Plan Nos. ENG-2202-015 and S-2022-010, sealed by
Perry Engineering on August 17, 2022 and approved by the Town of Marana on August 23,2022,
Public Paving and Sewer Improvement Plans for Monarchs Blocks 11 and 12, Lots 1 Thru 173
and Common Areas "A"-"O", Plan Nos. ENG-2202-009 and S-2022-017, sealed by Perry
Engineering on May 3, 2022 and approved by the Town of Marana on December 14, 2022, and
Public Paving and Sewer Plans for Monarch - Block 13 Lots 1-114 and Common Areas "A"-"I",
00090903.DOCX/31
Plan Nos. ENG-2201-007 and S-2022-009, sealed by Perry Engineering on June 14, 2022 and
approved by the Town of Marana on June 6, 2022, (together,the "Facility Plans"), each of which
is on file in the office of the Town of Marana Water Department.
H. The Developer desires that the Town take ownership of, operate, and service the
Developer-Installed Facilities.
I. The Town is willing to accept the Developer-Installed Facilities and permit it to
be connected to the Town sewer system provided it meets Town standards and the work is done
in accordance with Town requirements.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants
set forth in this Agreement, the Parties hereby agree as follows:
1. The Developer-Installed Facilities
1.1. Developer installation of the Developer-Installed Facilities. The Developer has
designed and shall install, at the Developer's own expense,the Developer-Installed Facilities as
depicted in the Facility Plans. The Developer-Installed Facilities shall conform to the design
standards of the Pima County Regional Wastewater Reclamation Department and the Town of
Marana Town Code Title 14 and special specifications and details as approved by the Town and
by this reference made a part of this Agreement. The Facility Plans shall include a plan note
identifying the Developer-Installed Facilities as new sewer facilities and shall show any and all
alterations to the existing sewer system. Construction and installation of the Developer-Installed
Facilities in accordance with the Facility Plans, including without limitation all labor, materials,
equipment, supplies, and tools required for the construction and installation, is referred to in this
Agreement as the "Work."
1.2. Work by licensed contractor. The Work shall be performed by a contractor
properly licensed by the State of Arizona as determined by the Arizona Registrar of
Contractors. In addition to any other contractor's license classifications required by the Arizona
Registrar of Contractors, the contractor shall hold contractor's license classifications A, A-12
and A-16.
1.3. Payment of connection fees. Before any service connections are made from the
Town's sewer system to the Developer-Installed Facilities, the person or entity seeking the
service connection shall pay to the Town the connection fees and any other fees required under
Marana Town Code Title 14, including, but not limited to, any and all applicable oversizing
recovery charges (also commonly referred to as "protected facility fees").
1.4. Developer-Installed Facilities acceptance by Town.No service connections shall
be made to the Developer-Installed Facilities until the Developer-Installed Facilities have been
accepted by the Town in accordance with Marana Town Code Title 14.
1.5. Developer's certification. Execution of this Agreement certifies that the
Developer has reviewed the Facility Plans and all other specifications applicable to the Work and
has approved and agrees with the location of all service lines.
1.6. Termination for lack of Work. Approval of the Facility Plans shall lapse and this
Agreement shall terminate if the Work has not commenced within one year of the date of this
00090903.DOCX/32
Agreement, or if the Work is discontinued for a period of one year.
2. Engineering and Inspection
2.1. Registered civil engineer. The Developer shall employ a registered Civil Engineer
registered in the State of Arizona to design, lay out, establish control lines for and certify the
layout of the Work according to the Facility Plans.
2.2. Town inspector's authority. Any inspector authorized by the Town shall have full
inspection authority over the Work.
2.3. Inspection provisions. The Developer shall furnish the Town's inspector with all
facilities reasonably necessary to inspect the Work.The Work shall be subject to Town inspection
at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector.
Inspection by the Town is for the purpose of ensuring compliance with plans and specifications
only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared
by the Developer or any contractor.
2.4. Payment of Town inspector's overtime cost. If scheduling by the Developer's
contractor reasonably requires the Town's inspector to work overtime, the Developer or
Developer's contractor shall pay the Town for any additional salaries, expenses or employee
benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40
hours worked in a seven-day work period, any time over eight hours worked Monday through
Friday, and any time worked on weekends and legal holidays observed by the Town.
3. Preconstruction Procedure
3.1. Request to begin construction. The Developer shall submit a written request to the
Town to begin construction five working days before the Work is to commence.
3.2. Construction permit. This Agreement shall be completed, signed and notarized,
and returned to the Town prior to issuance of a construction permit for the Work.
3.3. Start and completion of the Work. No portion of the Work shall begin until the
Town has issued a construction permit specifying the starting date and a reasonable time for
completion.
3.4. Progress of the Work.The Work shall be commenced and carried on at such points
and in such order as may be directed by the Town.
3.5. Materials sampling and testing. Materials shall be available for sampling and
testing by the Town prior to being used in the Work.Materials that fail to meet Town specification
shall be removed from the site.
3.6. 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.
4. Construction
4.1. Developer's presence on site. The Developer, or Developer's designated agent,
shall be present at all times during performance of the Work. The name of the Developer's
designated agent and the contractor performing the Work shall be furnished to the Town before
the Work begins. Instructions given by the Town to the designated agent shall be deemed to have
00090903.DOCX/33
been given to the Developer.
4.2. Competence and diligence. The Developer shall employ only competent and
efficient laborers, mechanics or artisans on the Work, and the Developer agrees to perform
diligently to complete the Work on or before the completion date given in the notice to proceed.
4.3. Alterations to the existing Town sewer system. The Developer shall, at the
Developer's own expense, make any and all alterations to the existing sewer system either on-
site or off-site necessitated by paving, drainage, or other improvements caused by the
development of the Subject Property.
4.4. Worksite safety. The Developer shall require all contractors and subcontractors
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.
5. Dedication
5.1. Transfer of the Developer-Installed Facilities to the Town.Upon the Town's final
acceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer and
deliver to the Town the Developer-Installed Facilities free and clear of all liens, claims, charges
or encumbrances.
5.2. 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.
5.3. Other conflicting construction prohibited. The Developer shall not construct or
allow the construction of any utility, structure, building, or other improvement that would
interfere with the operation or maintenance of the Developer-Installed Facilities.
5.4. Developer's obligation to maintain finished grade.The Developer guarantees that
all service lines and other sewer facilities on the Subject Property will be to finished grade and
that the Developer will remain responsible for raising or lowering said services as required until
the Subject Property is fully developed.
5.5. Acceptance by the Town. The Town shall accept title to and take possession of the
Developer-Installed Facilities when the Work has been completed to the satisfaction of the Town.
Subject to the Developer's continuing obligations under this Agreement,the Town shall operate
and service the Developer-Installed Facilities after taking over possession of it under this
paragraph.
6. Miscellaneous
6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its
Mayor and Council, officers and employees, boards, committees and commissions from and
against any loss, claim, suit, demand, cause of action, or liability of any nature, 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 any person employed directly or indirectly by any of them in the performance
of the Work or in the operation of the Developer-Installed Facilities.
00090903.DOCX/34
6.2. Binding effect. This Agreement shall be binding upon and inure to the benefit of
the heirs, executors, administrators, successors and assigns of the Parties.
6.3. Consent required for assignment. The Developer may not assign this Agreement
without the prior written consent of the Town.
6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38-
511, which provides for cancellation in certain instances involving conflict of interest.
6.5. 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 attached to a single instrument so that the signatures of all Parties may be
physically attached to a single document.
6.6. Entirety and Amendments. This Agreement embodies the entire agreement
between the Parties and supersedes all prior agreements and understandings, if any, relating to
the transaction described herein. This Agreement may be amended or supplemented only by an
instrument in writing executed by the Parties.
[Signature page follows.]
00090903.DOCX/35
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the last date set
forth below their respective signatures.
THE"TOWN": THE"DEVELOPER":
TOWN OF MARANA, an Arizona municipal FCD NA VENTURE I,L.L.C.,an
corporation
� Arizon li i 4 pompJ any
By. " L By:
Ed Honea, Mayor
��++ � Its: ✓�.G.vta¢P�
Date: Y�f2 .3 J
Date:
c311111. .o 1 Z .
David L. Udall, Town Clerk
SBH MARANA LP,an Arizona limited
APPR• f t AS TO FO' • partnership
1 By:AGS LLC,an Arizona limited liability
Ja . A.irall, Town Attorney company,its General Partner
By: ''(--t"C-F2—c--Z---------
Its: 5e.aA -T• Oc 5, '(fie
Date: q J 14 ( S
[Notary Page Follows.]
00090903.DOCX/36
STATE OF f}v'f Zdn t. )
nn )ss
County of I 04'‘co p )
The foregoing instrument was acknowledged before me on eLiev 13
20 el..3 by 'L>cna.gi,. EcLuhino1 , the inaneksec of FCD MARANA
VENTURE I,L.L.C.,an Arizona limited liability company, on its behalf.
(Seal) 1-17).
JULIE M KING
NOTARmARLIC-STATE OF ARIZONA Not Public
e• MARICOPA COUNTY
COMMISSION#596177
Qfrfv My Comm.Expires March 14,2025
STATE OF RrL zoo )
)ss
County of Mar\Co'�o_. )
The foregoing instrument was acknowledged before me on $ect"er l-c e c l4 ,
20 013 by T Ci)(11±�X5 , IntraiDex of AGS LLC, an Arizona
limited liability company, which is the General Partner of SBH MARANA LP, an Arizona limited
partnership, on behalf of the partnership.
•
(Seal) iULIE t I�FGAR,zoru� Notjtati-
8) Public L7
NOTARY PUBLIC-STATE
MARICOPA COUNTY
COMMISSION#596177
" . ..• My Comm.Expires March 14 2025 r
00090903.DOCX/37