HomeMy WebLinkAbout04-01-2025 Regular Council Meeting Agenda PacketMARANA AZ
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, April 1, 2025, at or after 6:00 PM
Jon Post, Mayor
Roxanne Ziegler, Vice Mayor
Patrick Cavanaugh, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Teri Murphy, Council Member
John Officer, Council Member
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Marana
Town Council and to the general public that the Town Council will hold a meeting open
to the public on April 1, 2025, at or after 6:00 PM located in the Council Chambers of the
Ed Honea 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.
Revisions to the agenda 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 Ed Honea 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
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April 1, 2025
Chambers) and deliver it to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the Council or not, are
expected to observe the Council rules, as well as the rules of politeness, propriety,
decorum and good conduct. Any person interfering with the meeting in any way, or
acting rudely or loudly will be removed from the meeting and will not be allowed to
return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council
Chambers are wheelchair and handicapped accessible. Persons with a disability may
request a reasonable accommodation, such as a sign language interpreter, by contacting
the Town Clerk at (520) 382-1999. Requests should be made as early as possible to
arrange the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the
Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For
questions about the Council meetings, special services or procedures, please contact the
Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM.
This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Ed
Honea 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
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April 1, 2025
the matter, or may ask that the matter be placed on a future agenda.
PROCLAMATIONS
PR1 Proclamation Recognizing Water Awareness Month (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. 2025.007: Relating to Finance; retroactively exempting the
Rotary Club of Marana from the Special Event Park Package fee for the
March 8, 2025, Tour De Cookie event (Wayne Barnett)
C2 Resolution No. 2025-026: Relating to Marana Regional Airport; approving
and authorizing the Mayor to sign a Land/Facility Use Agreement between
the Town of Marana and the Arizona Department of Forestry and Fire
Management for use of the Airport as an air tanker base for fire
suppression activities during fire season (David L. Udall)
C3 Resolution No. 2025-027: Relating to Parks and Recreation; approving and
authorizing the Parks and Recreation Director to execute a facility usage
agreement between the Town of Marana and the Marana Marlins Swim
Team (Wayne Barnett)
C4 Resolution No. 2025-030: Relating to Administration; approving and
authorizing the Finance Director to execute Amendment Two to the Inmate
Work Contract between the Town of Marana and the Arizona Department
of Corrections, Rehabilitation, and Reentry for inmate labor services (Curry
C. Hale)
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 3 of 101
C5 Approval of Regular Council Meeting Summary Minutes of March 18, 2025
(Debbie Thompson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Resolution No. 2025-028: Relating to Development; approving and
authorizing the Mayor to execute the First Amendment to the Crossroads at
Gladden Development Agreement (Jane Fairall)
A2 Resolution No. 2025-029: Relating to Economic Development; amending
the Marana Job Creation Incentive Program (MJCIP) to increase the
qualifications for a business to be considered a "Targeted Employer" for
purposes of the MJCIP and to remove certain economic incentives from the
program (Jane Fairall and Curt Woody)
ITEMS FOR DISCUSSION/ POSSIBLE ACTION
D1 Relating to Public Works; presentation, discussion, and possible direction
regarding the draft Town of Marana Five -Year Capital Improvement
Program for Fiscal Years 2026 through 2030 (Fausto Burruel, Heidi Lasham,
Jim Conroy)
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)
D3 Relating to Municipal Court; authorizing and directing staff to negotiate an
employment agreement for future Council consideration between the Town
and Libby Shelton, to fill the impending vacancy in the Marana Town
Magistrate position (Terry Rozema)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
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April 1, 2025
El Executive Session pursuant to A.R.S. §38-431.03 (A)(1) for discussion of the
possible appointment of Libby Shelton as Town Magistrate, including
discussion of the terms of an Employment Agreement, and for possible
interview of Libby Shelton for the Town Magistrate position.
E2 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town
representatives, or consultation for legal advice with the Town Attorney,
concerning any matter listed on this agenda for any of the reasons listed in
A.R.S. §38-431.03 (A).
FUTURE AGENDA ITEMS
Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
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MARANA AZ
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Council -Regular Meeting
Meeting Date: 04/01/2025
Date: April 1, 2025
Subject: Proclamation Recognizing Water Awareness Month (David L. Udall)
PR1
Attachments
Proclamation
Marana Town Council Regular Meeting Agenda Packet Page 6 of 101
April 1, 2025
MARANA -1Z
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PROCLAMATION
Recognizing Water Awareness Month
WHEREAS, access to clean water is essential for public health, economic prosperity, and
environmental sustainability; and
WHEREAS, water is a precious resource that requires careful stewardship and conservation
efforts to ensure its availability for future generations; and
WHEREAS, the month of April 2025 presents an opportunity to raise awareness about the
importance of water conservation and celebrate the vital role that water plays in our daily
lives; and
WHEREAS, by promoting responsible water usage practices, we can reduce water waste,
protect our water sources, and mitigate the impacts of drought: and
WHEREAS, through education, outreach, and community engagement initiatives, we can
empower individuals, businesses, and organizations to make a positive difference in water
conservation efforts; and
WHEREAS, as stewards of our environment, it is our collective responsibility to safeguard
our water resources and ensure equitable access to clean and safe drinking water for all
residents.
NOW, THEREFORE, I, Jon Post, Mayor of the Town of Marana, do hereby proclaim the
Month of April 2025 as Arizona Water Awareness Month and urge Marana residents to learn
about and practice principles of water stewardship and conservation.
Dated this 1st day of April, 2025
ATTEST:
•
David L. Udall, Town Clerk - . _ — Jon i?bst, Mayor
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 7 of 101
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MARANA AZ
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Council -Regular Meeting Ci
Meeting Date: 04/01/2025
To: Mayor and Council
Submitted For: Wayne Barnett, Deputy Director Parks & Recreation
From: Wayne Barnett, Deputy Director Parks & Recreation
Date: April 1, 2025
Strategic Plan Focus Area:
Not Applicable
Subject:
Ordinance No. 2025.007: Relating to Finance; retroactively exempting
the Rotary Club of Marana from the Special Event Park Package fee for
the March 8, 2025, Tour De Cookie event (Wayne Barnett)
Discussion:
The Tour De Cookie event, held this year at Crossroads Park and on the Chuck
Huckleberry Loop in Marana on Saturday, March 8, 2025, is an annual fundraising
event for the Rotary Club of Marana. Proceeds from this year's event will benefit the
Mayfly Project, which provides mentorship and support for youth in foster care.
If adopted, this ordinance would waive the $500.00 "Special Event Park Package
- Minor less than 1000 attending" fee paid by the Rotary Club of Marana for the Tour
De Cookie event held on March 8, 2025.
Financial Impact:
Fiscal Year: 2025
Budgeted Y/N: N
Amount: $500.00
Staff Recommendation:
Council's pleasure.
Marana Town Council Regular Meeting Agenda Packet Page 8 of 101
April 1, 2025
Suggested Motion:
I move to adopt Ordinance No. 2025.007, retroactively exempting the Rotary Club of
Marana from the Special Event Park Package fee for the March 8, 2025, Tour De Cookie
event.
Attachments
Ordinance No. 2025.007
Marana Town Council Regular Meeting Agenda Packet Page 9 of 101
April 1, 2025
MARANA ORDINANCE NO. 2025.007
RELATING TO FINANCE; RETROACTIVELY EXEMPTING THE ROTARY CLUB OF
MARANA FROM THE SPECIAL EVENT PARK PACKAGE FEE FOR THE MARCH 8,
2025, TOUR DE COOKIE EVENT
WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the
finances of the Town; and
WHEREAS the Town Council has adopted a comprehensive fee schedule for the
Town that includes a $500.00 "Special Event Park Package - Minor less than 1000
attending" fee; and
WHEREAS the Tour De Cookie event, held this year at Crossroads Park and on
the Chuck Huckleberry Loop in Marana on Saturday, March 8, 2025, is an annual
fundraising event for the Rotary Club of Marana; and
WHEREAS proceeds from this year's event will benefit the Mayfly Project, which
provides mentorship and support for youth in foster care; and
WHEREAS the Mayor and Council of the Town of Marana find that retroactively
exempting the Rotary Club of Marana from the $500.00 "Special Event Park Package
- Minor less than 1000 attending" fee for the March 8, 2025, Tour De Cookie event 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. The Rotary Club of Marana is hereby retroactively exempted from the
$500.00 "Special Event Park Package - Minor less than 1000 attending" fee included in the
Town's comprehensive fee schedule, as adopted by the Town Council and amended from
time to time, for the March 8, 2025, Tour De Cookie event.
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,
including, but not limited to, refunding the aforementioned fee to the Rotary Club of
Marana.
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.
Ordinance No. 2025.007
-1-
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April 1, 2025
Page 10 of 101
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 is administrative in nature, and shall be effective
immediately.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 1st day of April, 2025.
Mayor Jon Post
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
Ordinance No. 2025.007
-2-
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April 1, 2025
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MARANA AZ
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Council -Regular Meeting C2
Meeting Date: 04/01/2025
To: Mayor and Council
From: David L. Udall, Town Clerk/Assistant Town Attorney
Date: April 1, 2025
Strategic Plan Focus Area:
Proactive Public Services
Subject: Resolution No. 2025-026: Relating to Marana Regional Airport; approving and
authorizing the Mayor to sign a Land/Facility Use Agreement between the
Town of Marana and the Arizona Department of Forestry and Fire
Management for use of the Airport as an air tanker base for fire suppression
activities during fire season (David L. Udall)
Discussion:
For a number of years, the Arizona Department of Forestry and Fire Management
(formerly the Arizona State Forestry Division) has used property on the premises of the
Marana Regional Airport each fire season as a base for air -based fire suppression,
either through a sublease with Northwest Fire District or, more recently, through a
direct agreement with the Town. The proposed Land/Facility Use agreement will
continue this relationship.
If approved, the agreement will allow the Department to park single -engine air tankers
at the airport during fire season (roughly May through July) and place temporary
mobile office building/trailers on airport property. In addition, the Department may
station an airplane and a helicopter at the airport for fire reconnaissance and fire
support. Pursuant to the agreement, Town rental/parking fees would be waived, but
the Department would be required to pay for its own water and electric utilities
associated with its use of the airport property directly to the utility companies. The
agreement will be effective from April 24, 2025, through September 1, 2025, to cover
the 2025 fire season.
Staff Recommendation:
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 12 of 101
Staff recommends approval of Resolution No. 2025-026.
Suggested Motion:
I move to adopt Resolution No. 2025-026, approving and authorizing the Mayor to sign
a Land/Facility Use Agreement between the Town of Marana and the Arizona
Department of Forestry and Fire Management for use of the Airport as an air tanker
base for fire suppression activities during fire season.
Attachments
Resolution No. 2025-026
Exhibit A to Resolution
Marana Town Council Regular Meeting Agenda Packet Page 13 of 101
April 1, 2025
MARANA RESOLUTION NO. 2025-026
RELATING TO MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING
THE MAYOR TO SIGN A LAND/FACILITY USE AGREEMENT BETWEEN THE
TOWN OF MARANA AND THE ARIZONA DEPARTMENT OF FORESTRY AND FIRE
MANAGEMENT FOR USE OF THE AIRPORT AS AN AIR TANKER BASE FOR FIRE
SUPPRESSION ACTIVITIES DURING FIRE SEASON
WHEREAS A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana
to undertake all activities necessary to acquire, establish, construct, own, control, lease,
equip, improve, maintain, operate, and regulate an airport; and
WHEREAS the Town Council finds that entering into a Land/Facility Use
Agreement between the Town of Marana and the Arizona Department of Forestry and
Fire Management to allow the use of property at the Marana Regional Airport as an air
tanker base for fire suppression activities in Southern Arizona during fire season is in the
best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: The Land/Facility Use
Agreement between the Town of Marana and the Arizona Department of Forestry and
Fire Management, substantially in the same form attached to and incorporated by this
reference in this resolution as Exhibit A, is hereby approved, the Mayor is hereby
authorized and directed to 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.
-1-
Resolution No. 2025-026
Marana Town Council Regular Meeting Agenda Packet Page 14 of 101
April 1, 2025
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of April, 2025.
Mayor Jon Post
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
-2-
Resolution No. 2025-026
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 15 of 101
Exhibit A to Marana Resolution No. 2025-026
ARIZONA DEPARTMENT OF FORESTRY AND FIRE
MANAGEMENT
LAND/FACILITY USE AGREEMENT
Agreement #:
Resource Order #:
The Town of Marana, as owner of the property described herein (the "Owner"),
agrees to furnish the described land or facilities (the "Property) to the Arizona
Department of Forestry and Fire Management (the "State") for use as a single
engine air tanker base for fire suppression activities (the "Base") pursuant to the
terms and conditions set forth in this Land/Facility Use Agreement (the
"Agreement").
1. DESCRIPTION OF PROPERTY/FACILITIES: The Property is described as
follows: that certain real property at the Marana Regional Airport, located at
11700 W. Avra Valley Road, Marana, Arizona, consisting of an approximately
19,250 square foot pad (175 feet x 110 feet) for aircraft parking on the
southwest portion of the helicopter ramp area, west of Taxiway A.
Additionally, aircraft can be parked on the main parking ramp located
northwest of the Jet Apron if necessary. An area consisting of approximately
22,500 square feet (150'x150') has been designated for the placement of a
30'x76' office trailer and vehicle parking south of the airport perimeter road.
The Property is more particularly shown in the location map attached to and
incorporated in this Agreement as Exhibit A.
2. TERM: This Agreement shall be effective from April 24, 2025 through
December 31, 2025, unless it is terminated sooner pursuant to the terms of
this Agreement.
3. USE: The State shall use the Property as a single engine air tanker base for fire
suppression activities during the fire season. The "fire season" is typically
defined as May through July each year, but the State may occupy the
Property earlier or later in the year as the State determines is necessary for
fire suppression activities. The State shall notify the Town when the State
intends to occupy the Property. The allowed uses under this Agreement shall
include the use of tie down space for single engine air tankers parked on the
Property by the State or the State's contractors for fire suppression activities.
Additionally, the State shall be permitted to park trailers or other mobile
building structures on the Property for use as office space for personnel
operating out of the Base. The State shall also be permitted to station on the
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April 1, 2025
Exhibit A to Marana Resolution No. 2025-026
Property an Air Attack platform (one airplane) for fire reconnaissance and a
helicopter for fire support.
a. Under no circumstances may the State (i) use or permit the use of
the Property for any purpose other than for the purposes described
in this Agreement, (ii) cause or permit waste of the Property or (iii)
adversely affect the Owner's title and rights to the Property,
including any water rights or any other rights owned or claimed by
the Owner.
b. The State shall make no structural or electrical modifications,
painting or other alterations to the Property.
4. TERMINATION: This Agreement may be terminated by mutual written
agreement of the parties or by and at the sole discretion of the Owner. If
terminated by the Owner, the Owner shall give the State at least 60 calendar
days' written notice of termination, unless the Owner determines that a
shorter period of notice is necessary in order to address an imminent health
or safety issue.
5. ENVIRONMENTAL IMPACT: The State, at its own expense, shall ensure
that the State and the State's agents, employees, contractors, and invitees
comply with all present and hereafter enacted Environmental Laws, and any
amendments thereto, affecting operations on the Property. "Environmental
Laws" means any and all laws, rules, regulations, regulatory agency guidance
and policies, ordinances, applicable court decisions, and airport guidance
documents, directives, policies (whether enacted by any local, state or federal
governmental authority) now in effect or hereafter enacted that deal with the
regulation or protection of the environment (including the ambient air,
ground water, surface water, waste handling and disposal, and land use,
including sub -strata land), or with the generation, storage, disposal or use of
chemicals or substances that could be detrimental to human health, the
workplace, the public welfare, or the environment. The State shall be
responsible for cleaning up any fire retardant or fuel spills associated with the
State's use and occupation of the Property.
6. INDEMNIFICATION: The State shall defend, indemnify and hold harmless
the Owner, its officers, agents, and employees from and against any and all
claims, demands, causes of action, complaints, suits, losses, damages, injuries,
and liabilities whatsoever (including those for costs, expenses, and attorneys'
fees) arising out of the State's use of the Property or the State's negligent acts
or omissions in connection with this Agreement. The indemnification
provisions set forth in this Article 6 shall survive termination of this
Agreement.
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Marana Town Council Regular Meeting Agenda Packet Page 17 of 101
April 1, 2025
Exhibit A to Marana Resolution No. 2025-026
7. INSURANCE: The parties understand and agree that the State's contractors
are required to provide evidence of insurance to the State pursuant to written
contract with the State. The State shall require those contractors who use the
Property pursuant to this Agreement to (a) name the Owner as an additional
insured in the contractor's insurance policies and (b) provide the Owner with
certificates of insurance and additional insured endorsements evidencing the
minimum coverages required under the contractors' contracts with the State.
8. COMPLIANCE WITH LAWS: In its use and occupation of the Property, the
State shall abide by all existing laws of the State of Arizona, County of Pima
and Town of Marana and all regulations of the Federal Aviation
Administration, as they may be amended from time to time.
9. INSPECTION: A pre -use and post -use inspection of the property will be
conducted and documented by both the Owner and the State to assess
possible damage that may occur during occupancy.
10. RATE: The Owner agrees to waive any and all Town of Marana rental fees
applicable to the State's use of the Property, including any tie down and
parking fees listed in the Town of Marana comprehensive fee schedule. The
Property is equipped with a fire hydrant and water meter. The State shall
transfer water and electric utilities for the Property into the State's name and
the State shall be responsible for paying all water and electric utility bills
directly to the utility providers during the time the State uses and occupies
the Property. In addition, the State, at its own expense, shall clean and restore
the Property to pre -use conditions at the end of each fire season.
11. LOSS, DAMAGE OR DESTRUCTION: The State assumes liability for the
loss, damage, or destruction of the Property or the Owner's equipment on the
Property, provided that no reimbursement will be made for loss, damage, or
destruction when due to (1) ordinary wear and tear, or (2) the fault of
negligence of the Owner or Owner's agents.
12. MODIFICATIONS: Any changes to this Agreement shall be made in writing
and signed by both parties.
[SIGNATURE PAGE FOLLOWS]
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Marana Town Council Regular Meeting Agenda Packet Page 18 of 101
April 1, 2025
Exhibit A to Marana Resolution No. 2025-026
IN WITNESS WHEREOF, the parties have executed this Agreement as of the last
party's signature date below.
The "Owner": The "State":
THE TOWN OF MARANA,
an Arizona municipal corporation
Jon Post
Mayor
Date
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
ARIZONA DEPARTMENT OF FORESTRY
AND FIRE MANAGEMENT, an Arizona
state agency
By:
Its:
Date
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April 1, 2025
Page 19 of 101
Exhibit ink to 4Vlarana Resolution No. 2025-026
•
Printed by: bcanale Path: U:\Airport\DeptForestry_A
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MARANA AZ
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Council -Regular Meeting
Meeting Date: 04/01/2025
To: Mayor and Council
C3
Submitted For: Wayne Barnett, Deputy Director Parks & Recreation
From: Wayne Barnett, Deputy Director Parks & Recreation
Date: April 1, 2025
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2025-027: Relating to Parks and Recreation; approving
and authorizing the Parks and Recreation Director to execute a facility
usage agreement between the Town of Marana and the Marana
Marlins Swim Team (Wayne Barnett)
Discussion:
The Marana Marlins Swim Team participates in the Pima County Swim League every
summer, based out of the Ora Mae Harn Swimming Pool. In 2025, the Marlins will
move their program to the Marana Aquatic and Recreation Center pool. The Marlins
have previously used the pool in Ora Mae Harn Park at no charge. In an effort to help
the Marlins transition to the Marana Aquatic and Recreation Center, and the new fees
associated with the center, the Marlins will sign an agreement that will reduce facility
use fees by 50%, for the 2025 season. Regular facility use rates beginning will apply
following expiration of this agreement.
Financial Impact:
Fiscal Year: 2025/2026
Budgeted N
Y/N:
Amount: $50%
reduction in
fees
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 21 of 101
The reduction in fees is estimated at $1,500. However, this may change due to weather
conditions.
Staff Recommendation:
Staff recommends approval of the facility usage agreement between the Town of
Marana and the Marana Marlins Swim Team.
Suggested Motion:
I move to adopt Resolution 2025-027 approving and authorizing the Parks and
Recreation Director to execute a facility usage agreement between the Town of Marana
and the Marana Marlins Swim Team.
Resolution No. 2025-027
Exhibit A to Resolution
Attachments
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 22 of 101
RESOLUTION NO. 2025-027
RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE
PARKS AND RECREATION DIRECTOR TO EXECUTE A FACILITY USAGE
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA MARLINS
SWIM TEAM
WHEREAS the Town of Marana has had a longstanding facilities use agreement
with the Marana Marlins Swim Team ("Marlins") to use the pool facility at Ora Mae Harn
Park (the "OMH Pool") at no cost to the Marlins; and
WHEREAS with the opening of the new Marana Aquatic and Recreation Center
(the "MARC"), the Marlins plan to use the MARC pool for swim team practices, swim
meets, and related activities; and
WHEREAS on February 25, 2025, Town Council adopted Ordinance No. 2025.003
amending the Town of Marana Comprehensive Fee Schedule to add various fees related
to the MARC; and
WHEREAS the Town and Marlins desire to enter into a facility usage agreement
for the summer of 2025 that includes a 50% discount off the fees set for the MARC; and
WHEREAS the Mayor and Council of the Town of Marana find that this resolution
is in the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, that the Facility Usage Agreement between the Town of
Marana and the Marana Marlins Swim Team, attached to this resolution as Exhibit A, is
hereby approved, and the Parks and Recreation Director is authorized 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 Facility Usage Agreement.
Resolution No. 2025-027
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of April, 2025.
Mayor Jon Post
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
Resolution No. 2025-027
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Exhibit A to Marana Resolution No. 2025-027
FACILITY USE AGREEMENT
THIS FACILITY USE AGREEMENT is made and entered into by and between the TowN OF
MARANA, an Arizona municipal corporation (hereinafter "TOWN"), and the MARANA MARLINS
SWIM TEAM, an Arizona non-profit corporation (hereinafter "MARLINS"). TOWN and
MARLINS are sometimes referred to collectively as the "Parties," either of which is sometimes
individually referred to as a "Party."
1. Purpose of Agreement. The purpose of this Agreement is to permit MARLINS
to use the Marana Pool facility at Marana Aquatic and Recreation Center (MARC), 13455 N.
Marana Main Marana, Arizona (hereinafter the "Premises"), for swim team practices and swim
meets and related activities as provided in this Agreement and in consideration of MARLINS'
performance of its obligations under this Agreement.
2. Term. The term of this Agreement shall be from June 2, 2025 to July 24, 2025.
3. Availability of Premises. During the term of this Agreement, the Premises shall be
available to MARLINS on the days and during the times described in Exhibit A.
4. Payment. For use of the Premises on the days and during the times described in Exhibit
A, the MARLINS will have a 50% discount off the applicable MARC fees added to the Town's
Comprehensive Fee Schedule effective April 1, 2025.
5. Conditions and Scope of Use. MARLINS' use of the Premises shall be subject
to the following conditions and scope:
a. MARLINS shall provide TOWN with a season schedule of practices and meets at
least two weeks prior to the beginning of the swim season. Notice regarding any
changes to the season schedule shall be provided at least 48 hours in advance of
practice or meet to avoid being charged rental fees.
b. MARLINS shall be responsible for all promotion, registration, record keeping,
recruitment of staff, supervision of staff, and programming for the swim team.
c. This Agreement and license are non-exclusive and TOWN may lease or license
the Premises to other parties during periods of non-use by MARLINS throughout
the term of this Agreement.
d. MARLINS shall ensure that a Marana Marlins team staff member is available at
all times during MARLINS' usage of the Premises. The staff member shall be
responsible for all aspects of practices and swim meets including safety rules and
closure because of inclement weather.
e. If practices or swim meets are canceled, Notice shall be made by MARLINS at
least 48 hours in advance to avoid being charged rental fees..
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April 1, 2025
f. TOWN may need to periodically close the Premises for maintenance or repairs
and TOWN will make reasonable efforts to notify MARLINS in advance of any
such closures.
g.
TOWN maintains priority usage of the Premises and has final authority on
determining use or assignments.
h. MARLINS shall report all damage to Premises to Town of Marana Parks and
Recreation Department (520-382-1950) or to the Marana Police Department (ph.
520-382-2000) as soon as possible.
i. Any equipment provided by MARLINS that is for exclusive use must be brought
to and taken from the facility for each time of use. Any equipment left stored at
the facility is deemed communal use and TOWN is not held accountable for any
of the equipment left stored at the facility for communal use.
J.
MARLINS may sell concessions on the Premises at scheduled practices and swim
meets with appropriate Town of Marana business license(s) and Pima County
Health Department permit(s). All money and merchandise must be removed from
the Premises at the end of the activity.
k. MARLINS may host outside vendors at events listed in Exhibit A to conduct
business on TOWN premises on the dates and times listed in Exhibit A. Vendors
must be approved by the TOWN at least 14 days in advance of event. MARLINS
acknowledge that there is no guarantee the TOWN will approve additional outside
vendors and that outside vendors may be required to obtain insurance and obtain
or show proof of a Town of Marana business license and/or Pima County Health
Department permit. All money and merchandise must be removed from the
Premises at the end of the activity.
1. MARLINS shall ensure that all persons using the Premises pursuant to this
Agreement:
i. Observe posted MARC Pool Rules and Diving Board rules as posted.
ii. Observe Town of Marana park rules, as codified in the Marana Town
Code, Title 13
iii. Use the Premises in a safe manner that will not jeopardize the safety and
welfare of park users, park equipment or park facilities
m. Notwithstanding the provisions of this paragraph 5, TOWN reserves the right to
close the Premises and or deny MARLINS use of the Premises due to inclement
weather, an inadequate number of lifeguards, or any other safety concern or other
concern.
6. Relationship of Parties. It is not intended by this Agreement to, and nothing contained
in this Agreement shall be construed to, create any partnership, joint venture or employment
relationship between the Parties or create any employer -employee relationship between any
employees, managers, subcontractors, volunteers, or agents of MARLINS and any employees,
managers, subcontractors, volunteers, or agents of TOWN. Neither Party shall be liable for any
debts, accounts, obligations or other liabilities whatsoever of the other, including (without
FACILITY USE AGREEMENT/MARANA MARLINS
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limitation) the other Party's obligation to withhold Social Security and income taxes for any of
its employees. Neither MARLINS nor its employees, managers, subcontractors, volunteers, or
agents shall be entitled to receive compensation from TOWN, whether in money or in kind, for
their services unless prior written approval is received by MARLINS from TOWN.
7. Ownership, Repairs, Maintenance and Operation. MARLINS shall not make any
alterations, improvements, additions, or changes of any kind to the facilities or Premises nor will
MARLINS relocate any personal property or equipment or build any permanent structure on the
Premises without prior written approval of TOWN. Upon receipt of said written approval, all
expenses incident thereto shall be paid by MARLINS. MARLINS agrees to repair any and all
damage to the facilities or Premises caused, in whole or in part, by the MARLINS, its managers,
employees, subcontractors, agents, volunteers, participants or visitors. MARLINS agrees to
surrender the Premises to TOWN in as good a condition as when received, ordinary wear and
tear or damage resulting from accidental fire or from causes beyond the reasonable control of
MARLINS excepted. MARLINS agrees that the personal property of TOWN shall not be
removed from the Premises but shall be surrendered at the end of the term in good condition.
MARLINS agrees to remove all equipment and personal property belonging to MARLINS at the
end of the term without causing damage to the facilities or Premises.
8. Sanitation. MARLINS shall be responsible for the cleanliness of the Premises, including
but not limited to, spectator areas, parking lots and surrounding areas when used by MARLINS.
MARLINS shall be responsible for trash, debris and litter removal generated as a result of
MARLINS' operations and MARLINS shall be responsible for the placing and depositing of said
trash, debris and litter in appropriate receptacles provided by TOWN for such use. In addition,
TOWN, in its sole discretion, may clean the Premises at MARLINS' expense.
9. Indemnification. MARLINS shall indemnify, defend and hold harmless TOWN, its
departments, officers, employees and agents from, for, and against any and all claims, suits,
actions, legal proceedings, administrative proceedings, demands, losses or expenses, including
reasonable attorney's fees, which are attributable to any negligent or intentional act or omission
of MARLINS, its employees, agents, subcontractors, volunteers or anyone acting under
MARLINS' direction, control or on its behalf or anyone employed by them.
10. Insurance.
a. MARLINS shall secure and maintain in force throughout the life of this
Agreement, comprehensive general liability insurance with carriers acceptable to
TOWN, with a minimum coverage of one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) aggregate for personal injury,
and one million ($1,000,000) per occurrence/aggregate for property damage.
b. MARLINS shall deliver one or more certificates of insurance evidencing
coverage as described in this paragraph to TOWN upon execution of this
Agreement, prior to using the Premises pursuant to this Agreement. MARLINS
shall also deliver new certificates of insurance each time the policy(s) is updated.
All certificates shall be delivered to the Town of Marana Parks and Recreation
Department.
FACILITY USE AGREEMENT/MARANA MARLINS
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c. TOWN shall be named as an additional insured on the commercial general
liability insurance policies required by this paragraph 10. As an additional
insured, TOWN shall be provided coverage for any liability arising out of
operations performed in whole or in part by or on behalf of MARLINS.
MARLINS shall deliver additional insured endorsement(s) along with the
certificate(s) of insurance required by subparagraph b above. The additional
insured endorsement form identification number shall also be included within the
description box on the certificate of insurance.
d. The certificate(s) shall also stipulate that the insurance afforded MARLINS shall
be primary insurance and that any insurance carried by TOWN, its agents,
officials or employees shall be excess and not contributory insurance to that
provided by MARLINS. Coverage provided by the MARLINS shall be primary
insurance with respect to all other available sources.
e. The coverage requirements specified in this paragraph 10 may not be changed or
modified except by written agreement signed by the Parties.
f. MARLINS shall give TOWN at least 30 calendar days' written notice prior to a
planned cancellation or reduction of any coverage required by this paragraph 10.
MARLINS shall give TOWN immediate notice of any other cancellation or
reduction of any coverage required by this paragraph 10. Cancellation or
reduction of any coverage required by this paragraph 10 is grounds for
termination of this Agreement by TOWN.
11. Compliance with Laws. MARLINS shall comply with all applicable federal, state and
local laws, rules, regulations, standards and executive orders without limitation.
12. Liens. All equipment leases, debts, loans or encumbrances of MARLINS are the sole
responsibility of MARLINS and are subordinate to any ownership interest of TOWN. TOWN
will not recognize any claims or liens placed upon the facilities or Premises as a result of any
default by MARLINS.
13. Law to Govern. This Agreement will be governed by the laws of the State of Arizona,
statutory and decisional, both as to interpretation and performance. All Parties consent to
personal jurisdiction in Arizona, and venue for any action to enforce this Agreement shall be in
Tucson, Arizona.
14. Mediation. If there is a dispute between the Parties arising from the interpretation or
enforcement of this Agreement, the Parties agree that they shall first attempt to resolve the
dispute through mediation prior to filing a lawsuit. If arbitration fails to resolve the dispute and
either Party brings an action to interpret this Agreement or to enforce any right which such Party
may have hereunder, or in the event an appeal is taken from any judgment or decree of a trial
court, the Party ultimately prevailing in such action will be entitled to receive from the other
Party its costs and reasonable attorney's fees incurred, in an amount to be determined by the
court in which such action is brought.
15. Severability. If any provision of this Agreement is declared illegal, void or
unenforceable, the remaining provisions will not be affected and will remain in full force and
effect.
FACILITY USE AGREEMENT/MARANA MARLINS
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16. Right to Require Performance. The failure of either Party at any time to require
performance by the other Party of any provisions of this Agreement will in no way affect the
right of that Party thereafter to enforce the same. No waiver by either Party of any breach of any
of the provisions of this Agreement will be taken or held to be a waiver of any succeeding breach
of such provision or as a waiver of any other provision. The acceptance by either Party of any
sum less than may be due and owing to it at any time shall not be construed as an accord and
satisfaction of any amount outstanding.
17. Headings. The headings used herein are for convenience only and are not to be construed
as part of this Agreement.
18. Nondiscrimination. Neither MARLINS nor TOWN will, in the performance of this
Agreement, discriminate or knowingly permit discrimination against any person on account of
race, sex, handicap, age, color, national origin, political or religious opinion or affiliation.
19. Nonwarranty. TOWN does not warrant its powers or right to enter into this Agreement
and, if the same is destroyed or limited by court action initiated by any third party or third
person, there shall be no liability of TOWN to MARLINS by reason of such action or by reason
of this Agreement.
20. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511
relating to conflicts of interest.
21. Completeness of Agreement. This Agreement contains all the terms and conditions of
the contract between the Parties and any alterations or variations of the terms of this Agreement
shall be invalid unless made in writing and signed by the Parties to this Agreement. There are no
other understandings, representations or agreements, written or oral, not incorporated herein.
22. Termination. If, in the judgment of TOWN, MARLINS does not perform in accordance
with the conditions of this Agreement or if MARLINS is in default of any provision of this
Agreement, TOWN shall give MARLINS written notice specifying the nature of the
nonperformance or default. If, after receipt of such written notice, MARLINS fails to diligently
pursue rectification or correction of said nonperformance or breach, TOWN may terminate this
Agreement by giving ten days' written notice prior to the effective date of termination.
23. Notices. Any notice of communication required or permitted to be given pursuant to this
Agreement shall be given in writing and shall be served by email with confirmation by first class
mail upon either Party addressed to the Party to whom such notice is to be given as hereinafter
provided. The Notice shall be deemed conclusively made at the time the email is sent.
To Town:
Town OF MARANA
Attn: Jim Conroy, Parks and Recreation Director
Marana.Parks@MaranaAZ.gov
11555 W. Civic Center Drive
Marana, Arizona 85653
With a COPY to: Deputy Town Attorney
Libby Shelton
FACILITY USE AGREEMENT/MARANA MARLINS
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To MARLINS:
lshelton@maranaaz.gov
11555 W. Civic Center Dr.
Marana, Arizona 85653
MARANA MARLINS SWIM TEAM
Amy Ruiz, President
Stephanie Lippert, Vice President
MaranaMarlins@gmail.com
11459 W. Caliche
Marana, Arizona 85653
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
MARLINS:
TowN:
MARANA MARLINS SWIM TEAM, an Arizona non -
TOWN OF MARANA, an Arizona municipal profit corporation
corporation
By:
Jim Conroy
Parks & Recreation Director
Date:
ATTEST:
David Udall, Town Clerk
APPROVED AS TO FORM:
Libby Shelton, Deputy Town Attorney
By:
Amy Ruiz, President
Date:
FACILITY USE AGREEMENT/MARANA MARLINS
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EXHIBIT A
FACILITY USE AGREEMENT
BETWEEN TOWN OF MARANA AND MARANA MARLINS SWIM TEAM
2025 Marana Marlins Season: June 2, 2025 through July 24, 2025
Marlins will have eight swim lanes for all practices, meets and events. Marlins can use MARC
timing equipment when running events at no extra cost.
Swim Team Practices: Monday - Thursday 7:00 a.m. - 8:00 a.m. and 7:00 p.m. - 8:00 p.m.
MARLINS Home Swim Meet: Tentatively Saturday, June 21, 2025, 6:00 a.m. to 1:00 p.m.
Any alternative date for the Home Swim Meet must be approved by the Town, at its sole
discretion, a minimum of two weeks in advance of Home Swim Meet.
Team Swim Suit Pop Up Shop and Swim Team Picture Days:: Dates TBD. Date for Team
Pop Up Shop and Swim Team Picture Days must be approved by the Town, at its sole discretion,
a minimum of two weeks in advance of Team Swim Suit Pop Up Shop and Swim Team Picture
Days. Any vendor soliciting or conducting business must have a current Marana Business
License or a Peddler, Solicitor or Transient Merchant License and provide proof to the Town at
least two weeks in advance of Team Pop Up Shop and Swim Team Picture Days. License
applications are available on the Town of Marana website at www.maranaaz.gov.
MARLINS End of Season Party: Date TBD. Date for End of Season Party must by approved by
the Town, at its sole discretion, a minimum of two weeks in advance of End of Season Party.
FACILITY USE AGREEMENT/MARANA MARLINS
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FACILITY UST AGREEMENT/MARANA MARLINS
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46,,
MARANA AZ
ESTABLISHED 1 9 7 7
Council -Regular Meeting
Meeting Date: 04/01/2025
To: Mayor and Council
C4
From: Curry C. Hale, Human Resources Director
Date: April 1, 2025
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2025-030: Relating to Administration; approving and
authorizing the Finance Director to execute Amendment Two to the Inmate
Work Contract between the Town of Marana and the Arizona Department of
Corrections, Rehabilitation, and Reentry for inmate labor services (Curry C.
Hale)
Discussion:
The Town seeks to amend the contract between the Town of Marana and the Arizona
Department of Corrections, Rehabilitation, and Reentry. The proposed amendment to
the contract would increase the hourly rate for inmate labor services from $1.35/hour
to $1.50/hour.
Financial Impact:
Budget capacity exists in the current year and will be programmed in the upcoming
fiscal year in the Parks and Recreation department and other departments that make
use of this contract. The increase is not significant and will not have any adverse
financial impact to the Town's operations.
Staff Recommendation:
Staff recommends adoption of Resolution No. 2025-030 authorizing the Finance
Director to execute Amendment Two to the Inmate Work Contract between the Town
of Marana and the Arizona Department of Corrections, Rehabilitation, and Reentry for
inmate labor services.
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 33 of 101
Suggested Motion:
I move to adopt Resolution No. 2025-030 authorizing the Finance Director to execute
Amendment Two to the Inmate Work Contract between the Town of Marana and the
Arizona Department of Corrections, Rehabilitation, and Reentry for inmate labor
services.
Attachments
Resolution No. 2025-030
Exhibit A to Resolution
Marana Town Council Regular Meeting Agenda Packet Page 34 of 101
April 1, 2025
MARANA RESOLUTION NO. 2025-030
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE
FINANCE DIRECTOR TO EXECUTE AMENDMENT TWO TO THE INMATE WORK
CONTRACT BETWEEN THE TOWN OF MARANA AND THE ARIZONA
DEPARTMENT OF CORRECTIONS, REHABILITATION, AND REENTRY FOR
INMATE LABOR SERVICES
WHEREAS the Town of Marana has an agreement with the Arizona Department
of Corrections, Rehabilitation, and Reentry to obtain use of inmate labor crews from the
Arizona State Prison Complex - Tucson; and
WHEREAS on January 16, 2024, the Town Council adopted Resolution No. 2024-
001 approving the Inmate Work Contract; and
WHEREAS on May 21, 2024, the Town Council adopted Resolution 2024-043
approving Amendment One to the Inmate Work Contract increasing the hourly rate for
inmate labor services from $0.75/hour to $1.35/hour; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best
interests of its citizens to amend the Inmate Work Contract to increase the hourly rate
for inmate labor services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Amendment Two to the Inmate Work Contract between the Town
of Marana and the Arizona Department of Corrections, Rehabilitation, and Reentry for
inmate labor services, attached to and incorporated by this reference in this resolution
as Exhibit A, is hereby approved and the Finance Director is hereby authorized and
directed to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized
to undertake all other and further tasks required or beneficial to implement and carry
out the terms, obligations, and objectives of the contract.
Marana Resolution No. 2025-030
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of April, 2025.
Mayor Jon Post
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
Marana Resolution No. 2020-030 2
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
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Exhibit A to Marana Resolution No. 2025-030
AZ
DEPARTMENT OF
CORRECTIONS,�q
Inmate Work Contract
Amendment No. 2
24-063-28
Arizona Department of Corrections,
Rehabilitation & Reentry
701 E. Jefferson Street
Phoenix, AZ 85034
This Contract, entered into between the Town of Marana (Contractor), and the Arizona Department of
Corrections, Rehabilitation, and Reentry (ADCRR), for and on behalf of its Arizona State Prison Complex —
Tucson (ASPC-Tucson), is amended in accordance with Special Terms and Conditions, Paragraph 3.11,
Changes as follows;
1) The inmate labor rate of pay for this IWC is being changed from one dollar and thirty-five cents ($1.35)
per hour to one dollar and fifty cents ($1.50) per hour, effective upon execution of this amendment.
All other terms and conditions of this Contract remain the same.
IN WITNESS WHEREOF, the parties hereto agree to this Amendment.
TOWN OF MARANA
Signature of Authorized Individual
ARIZONA DEPARTMENT OF
CORRECTIONS, REHABILITATION, AND
REENTRY
Date Signature of Authorized Individual Date
Kerry Wells
Typed Name Typed Name
Chief Procurement Officer
Typed Title Typed Title
701 E. Jefferson St. Phoenix, AZ 85034
Typed Address Typed Address
Additional Signatures if Applicable
Signature
Date Signature Date
Typed Name Typed Name
Typed Title Typed Title
Marana Town Council Regular Meeting Agenda Packet Page 37 of 101
April 1, 2025
46,,
MARANA AZ
ESTABLISHED 1 9 7 7
Council -Regular Meeting
Meeting Date: 04/01/2025
To: Mayor and Council
From: David L. Udall, Town Clerk/Assistant Town Attorney
Date: April 1, 2025
Subject: Approval of Regular Council Meeting Summary Minutes of March 18, 2025
(Debbie Thompson)
Attachments
Regular Council Meeting Summary Minutes, 03/18/2025
Marana Town Council Regular Meeting Agenda Packet Page 38 of 101
April 1, 2025
MARANA AZ
ESTABLISHED 1 9 7 7
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, March 18, 2025, at or after 6:00 PM
Jon Post, Mayor
Roxanne Ziegler, Vice Mayor
Patrick Cavanaugh, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Teri Murphy, Council Member
John Officer, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Mayor Post called the meeting to order at 6:01 PM. He directed the Deputy Town Clerk
to call the roll. All other Council Members were present, constituting a quorum.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Post.
APPROVAL OF AGENDA
Mayor Post asked for a motion to approve the agenda.
Council Member Officer moved to approve the agenda. Vice Mayor Ziegler seconded the
motion. Motion passed, 7-0.
CALL TO THE PUBLIC
PROCLAMATIONS
Regular Council Meeting Summary Minutes
March 18, 2025
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 1 of 7
Page 39 of 101
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Officer complimented Founder's Day, and the great job staff did with
the event.
Council Member Murphy praised the Founder's Day event, commenting that she met a
lot of new people, who had not previously attended the parade.
Council Member Kai expressed his appreciation for Founder's Day, especially the fact
that the parade was a little shorter.
Council Member Cavanaugh enjoyed the parade and the car he was able to ride in
during the Founder's Day event. Mr. Cavanaugh also made a comment about an Impact
Marana event he came across at El Rio Reserve. He was impressed with the work Parks
and Recreation Department staff had done to support the event.
Council Member Comerford said she appreciated the Founder's Day and parade, she
enjoyed being able to watch the parade this year. She complimented Council Member
Murphy on the great job she did as the announcer. Council Member Commerford also
spoke about attending the grand opening for Sweet Repeats, a new retail store located in
the Safeway Plaza at Silverbell and Twin Peaks. She attended with Vice Mayor Ziegler,
who was also impressed with the store. They encouraged all to support the store.
Vice Mayor Ziegler thought Founder's Day was fantastic. She appreciated the brunch
and thanked Ms. Tammy Burchett for all the work she did. Vice Mayor Ziegler also
recognized Gladden Farms for ranking number eight in the top ten for master planned
communities in Southern Arizona, according to the 2025 edition of Ranking Arizona.
Mayor Post also enjoyed Founder's Day and enjoyed driving Mr. Drew Harrison's
Tractor, who also provided an antique firetruck for the parade. He thanked Council
Member Murphy for her willingness to emcee the parade.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Town Manager Terry Rozema reported that there were 66 single-family residental
permits issued so far in March. Last March, there were 121 total permits issued. He said
the Town is beginning to see an increase and an upward trend, and that by the end of the
month the Town should be close to where it was last year. The Marana Aquatics and
Recreation Center (MARC) is getting very close to opening. Two events are planned for
the opening: an unveiling of the art on May 2nd and a ribbon cutting on May 3rd. Mr.
Rozema also reported that Parks and Recreation staff and Marana Unified School District
(MUSD) have partnered to train students to become lifeguards. Eleven students were part
of the training, and they will all become lifeguards at the MARC. He also reminded the
Regular Council Meeting Summary Minutes
March 18, 2025
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April 1, 2025
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Page 40 of 101
Council that the Marana State of the Town is coming up on April17th at the Ritz Carlton,
noting that this year's theme is Blazing Trails, Building Legacy. Mayor Post will be
speaking at the event, along with Chief of Police Jeff Pridgett, and Ms. Kirsten Reedy.
PRESENTATIONS
CONSENT AGENDA
Cl Ordinance No. 2025.005: Relating to Procurement; revising Marana Town Code
Title 3 (Administration), Chapter 3-4 (Procurement), sections 3-4-5 (Definitions) and 3-4-
23 (Cooperative Purchasing) to authorize the town to participate in national purchasing
cooperatives; and designating an effective date (Yiannis Kalaitzidis)
C2 Resolution No. 2025-022: Relating to Budget; approving the transfer of $450,000 of
budgeted expenditure authority from the General Fund contingency line item to the
General Fund non -departmental budget in the fiscal year 2024-2025 budget for the
payment of attorneys' fees pursuant to the settlement agreement between the Town of
Marana and the Southern Arizona Home Builders Association (SAHBA) in settlement of
the litigation captioned Southern Arizona Home Builders Association v. Town of Marana, No.
C20184411 (Pima County Superior Court) (Yiannis Kalaitzidis)
C3 Resolution No. 2025-023: Relating to Public Works; approving and authorizing
the Mayor to sign a public improvement participation agreement with SAS Properties,
LLC for the construction of driveway improvements as part of the Tangerine Road
widening project Phase 2A (Jane Fairall)
C4 Approval of Special Council Meeting/Retreat Summary Minutes of February 19 -
21, 2025, approval of Special Council Meeting Summary Minutes of February 25, 2025,
and approval of Regular Council Meeting Summary Minutes of March 4, 2025 (David L.
Udall)
Council Member Kai moved to approve the consent agenda. Vice Mayor Ziegler seconded
the motion. Motion passed, 7-0.
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Ordinance No. 2025.006: Relating to Mayor and Council; amending Marana Town
Code Title 2 (Mayor and Council), amending Chapter 2-1 (Council) Section 2-1-4
(Vacancies) to provide for the filling of Council vacancies consistent with Arizona state
Regular Council Meeting Summary Minutes
March 18, 2025
Page 3 of 7
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April 1, 2025
law; amending chapter 2-2 (Council Elections) Section 2-2-8 (Automatic recount) to clarify
when an automatic recount is required under state law; amending Chapter 2-3 (Mayor
and Vice Mayor) Section 2-3-1 (Vice mayor) to add a provision for appointment of a vice
mayor when the seat is vacant; and designating an effective date
Resolution No. 2025-024: Relating to Mayor and Council; declaring as a public record
filed with the Town Clerk the amendments adopted by Ordinance No. 2025.006,
amending Marana Town Code Title 2 (Mayor and Council), amending Chapter 2-1
(Council) Section 2-1-4 (Vacancies) to provide for the filling of Council vacancies
consistent with Arizona state law; amending Chapter 2-2 (Council Elections) Section 2-2-
8 (Automatic recount) to clarify when an automatic recount is required under state law;
amending Chapter 2-3 (Mayor and Vice Mayor) Section 2-3-1 (Vice mayor) to add a
provision for appointment of a vice mayor when the seat is vacant (Jane Fairall)
Town Attorney Jane Fairall presented on this item. This item involved amending three
of the provisions in Title 2 of the Marana Town Code to align the Town Code with state
law. The first change related to the filling of Council vacancies: Updating the Town Code
to clarify the process for filling vacancies for the Mayor and Council in accordance with
A.R.S. § 9-235(A). The second change related to automatic recounts: Modifying the Town
Code to conform its automatic recount provisions to the provisions of A.R.S. § 16-661(A).
And lastly, the changes include a provision establishing a procedure to select a Vice
Mayor when there is a vacancy in the seat. A copy of the presentation slides is on file with
the Town Clerk's Office. For more detailed information, please see the presentation
slides.
Following the presentation, Council Member Cavanaugh asked Ms. Fairall about the
difference between a special election and a regular election. She explained that during
the next election cycle, the Town will have a special election to fill the mayor's position
for the remainder of his term. Mayor Post asked if there was a law requiring the Town to
fill a vacant council seat. Ms. Fairall explained that the Town Code states that the Council
shall appoint a new council member if there is a vacancy, and it is in the Town's best
interest to do so. Vice Mayor Ziegler asked whether the Town Code specifies a specific
timeframe for appointing a new council member in relation to an upcoming election. Ms.
Fairall responded that such decisions are considered on a case -by -case basis. She
explained that factors such as the proximity of the next election and the feasibility of
appointing someone before that election are taken into account when determining
whether to proceed with an appointment.
Council Member Kai moved to adopt Resolution No. 2025-024 and Ordinance No.
2025.006. Vice Mayor Ziegler seconded the motion. Motion passed, 7-0.
[Council Member Kai left the meeting at 6:28 PM.]
Regular Council Meeting Summary Minutes
March 18, 2025
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 4 of 7
Page 42 of 101
A2 Resolution No. 2025-025: Relating to the Marana Regional Airport; approving and
authorizing the Mayor to sign the Second Amendment to Marana Regional Airport Lease
Agreement with The J.D. Russell Company (David L. Udall)
Town Clerk / Assistant Attorney David L. Udall presented on this item. He explained
that in 2020, the Town entered into a lease with The J.D. Russell Company. The lease is
for 25 years with a ten-year extension. He said that J.D. Russell would like to expand from
one to three hangers by building two additional box hangers on the leased premises. To
amortize the hangers, J.D. Russel is requesting ten years to be added onto the current ten-
year extension period. The resolution allows the Mayor to sign the second amendment
to the lease agreement, which adds ten years to the ten-year extension period, but only if
the box hangars are actually constructed as evidenced by certificates of occupancy.
Council Member Comerford and Vice Mayor Ziegler asked if there was a required time
frame for development of the box hangars. Mr. Udall stated that J.D. Russell would have
to build the hangers first and only then would they receive the ten-year extension. If J.D.
Russell did not build the box hangars, the agreement would remain unchanged. Council
Member Cavenaugh clarified that the reason for the lease extension is so that J.D. Russell
can receive a return on its investment in the box hangars. Mr. Udall, along with Director
of Public Works Fausto Burruel confirmed that was the case. Mayor Post expressed his
approval of the lease amendment and stated that J.D. Russell have been good tenants.
Vice Mayor Ziegler also asked about the provision in the original lease requiring that
rent be increased after three years of occupancy and asked if J.D. Russell had been
charged the new rent amount. Mr. Udall confirmed that the agreement required rental
increases after three years, but he did not know if J.D. Russell had been invoiced for the
new rental amount yet. Mr. Udall agreed to look into the current billing for J.D Russell.
Vice Mayor Ziegler moved to adopt Resolution No. 2025-025. Council Member
Cavanaugh seconded the motion. Motion passed, 6-0.
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 provided an update on the legislative activities of the state, he highlighted
and provided updates on the following bills:
• HB 2371, sponsored by Representative Biasiucci from Lake Havasu: the bill strips
jurisdictions of any rights when it comes to establishing what they want their
community to look like; and SB 1229, sponsored by Senator Bolick from Phoenix:
Regular Council Meeting Summary Minutes
March 18, 2025
Page 5 of 7
Marana Town Council Regular Meeting Agenda Packet Page 43 of 101
April 1, 2025
the bill essentially mirrors HB 2371. The Town has registered in opposition to
these bills and will continue to monitor both bills as they progress. It was noted
that the Governor is engaged in discussions with the League of Arizona Cities and
Towns and is trying to negotiate a compromise acceptable to all parties. Mayor
Post inquired about the Governor's involvement. Assistant to the Town Manager
Andrea De LaCruz explained that the Governor's engagement is largely driven
by a political push to address affordability concerns. However, Ms. De LaCruz
noted that much of what has been proposed does not effectively address
affordability issues. The League has submitted its own bill for the Governor's
consideration, while the Governor's team has also drafted a proposal that the
League has not yet agreed upon. Negotiations remain ongoing in hopes of
reaching a resolution. Mayor Post further inquired whether the Governor's
involvement was providing cities and towns with a greater voice or complicating
matters. Mr. Rozema responded that the Governor's outreach to the Towri s legal
team and Development Services Department for feedback suggests that
municipalities are being given a meaningful role in the discussions, which bodes
well for the Town.
• HB 2426, sponsored by Representative Kolodin: this bill would require
municipal councils to fill council seats within 60 days. The Town has not
registered an opinion on this bill.
• HB 2221, sponsored by David Marshall: is a bill that would prohibit cities and
towns from reducing the annual operating budget of their municipal police
departments below the previous year's budget under any circumstances. The
Town has registered against this bill.
• SB 1308, sponsored by Sen. Frank Carroll: is a sober living homes bill that puts
more responsibility on the Arizona Department of Health Services and require a
visit to the facility and jurisdiction input regarding the impacts of the home. The
Town has registered in favor of this bill.
• HB 2430, sponsored by Representative Livingston from Peoria: is a bill that
would require a study to be done on the Marana prison facility to see if it can be
turned into a transitional facility. The Town is supporting it, as it would be useful
to know what options are available for the facility.
• SB 1294, sponsored by Senator Cavanaugh from Foutain Hills: is a bill that
would mandate that the state lease the Marana prison facility to the United
States government for $1.00 per year for the facility to house individuals who
have immigration violations.
Regular Council Meeting Summary Minutes
March 18, 2025
Page 6 of 7
Marana Town Council Regular Meeting Agenda Packet Page 44 of 101
April 1, 2025
• SB 1611, sponsored by Senator Shope: is a water bill that is not currently
moving.
• HB 2299, sponsored by Representative Gail Griffin: is a bill related to assured
water supply allowing for irrigation districts to be able to sell water to
municipalities. The Town is registered in favor of this bill.
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.
El 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).
Mayor Post asked for future agenda items. There were no requests for future agenda
items.
ADJOURNMENT
Mayor Post asked for a motion to adjourn the meeting.
Vice Mayor Ziegler moved to adjourn the meeting. Council Member Officer seconded the
motion. Motion passed, 6-0. Meeting adjourned at 6:47 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on March 18, 2025. I further certify that a quorum was present.
Debbie Thompson, Deputy Town Clerk
Regular Council Meeting Summary Minutes
March 18, 2025
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 7of7
Page 45 of 101
46,,
MARANA AZ
ESTABLISHED 1 9 7 7
Council -Regular Meeting Al
Meeting Date: 04/01/2025
To: Mayor and Council
From: Jane Fairall, Town Attorney
Date: April 1, 2025
Strategic Plan Focus Area:
Vibrant Community, Proactive Public Services
Strategic Plan Focus Area Additional Info:
Vibrant Community: GOAL: PROVIDE A SAFE AND CONNECTED MULTI -MODAL
TRANSPORTATION SYSTEM TO SUPPORT THE MOBILITY NEEDS OF PRESENT
AND FUTURE RESIDENTS.
Proactive Public Services: GOAL: PRIORITIZE INFRASTRUCTURE AND
MAINTENANCE THAT SUPPORT NEW GROWTH AND DEVELOPMENT IN A
PROACTIVE AND SUSTAINABLE MANNER.
Subject: Resolution No. 2025-028: Relating to Development; approving and
authorizing the Mayor to execute the First Amendment to the Crossroads at
Gladden Development Agreement (Jane Fairall)
Discussion:
On August 17, 2021, the Town Council adopted Ordinance No. 2021.018, approving the
Crossroads at Gladden Specific Plan, rezoning 281 acres of land located along the west
side of Interstate 10 approximately 575 feet northwest of the Tangerine Road and
Interstate 10 interchange. The Crossroads at Gladden Specific Plan envisioned a
master -planned development that allows for a variety of residential, commercial, office
and commerce park land uses. On December 7, 2021, the Council approved a final
block plat for Crossroads at Gladden, Blocks 1-8 (the cover sheet of the plat is included
in the Council packet for reference). Ordinance No. 2021.018 provided that the rezoned
property would be developed in accordance with a development agreement adopted
prior to approval of any further plat or development plan for any portion of the
rezoning area. Town staff and the master developer, Tangerine 2021, LLC (the
"Developer") negotiated a development agreement to facilitate the development of the
Marana Town Council Regular Meeting Agenda Packet Page 46 of 101
April 1, 2025
property. On April 19, 2022, the Town Council adopted Resolution No. 2022-039,
approving The Crossroads at Gladden Development Agreement between the Town,
the Developer, and Fidelity National Title Agency, Inc. (the "Owner") (the "Original
Agreement"). A copy of the Original Agreement is included in the Council packet for
reference.
Among other things, the Original Agreement provides that the Developer is to
substantially complete construction of several transportation improvements (more
particularly defined in Exhibit "C" to the Original Agreement), prior to issuance of
certificates of occupancy in excess of 25,000 square feet of cumulative structure(s) on
Blocks 1 through 5, inclusive, 7, and 8 of the property, including:
• Initial improvements to the Tangerine and I-10 traffic interchange (the "Initial TI
Improvements"):
• Construction of a westbound left -turn lane within the ADOT right of way of
the westbound off ramp
• Restriping the existing pavement for Tangerine Road to provide two
westbound through lanes, one westbound left -turn lane that extends the full
distance between signals, one eastbound left -turn lane that extends the full
distance between signals, and one eastbound through lane, for a total of five
lanes
• Restriping and modifications to the median on the west leg of the intersection
to provide additional storage for the eastbound left turn at the
westbound I-10 Frontage Road
• Reconstruction of Crossroads Trail to a three -lane major collector road to the
town's standard detail
• Replacement of the painted median northwest of the intersection of Tangerine
Road and Crossroads Trail with a raised median built in accordance with the
standard detail for an arterial road cross-section and reconstruction of the
intersection
• Construction of a traffic signal at the intersection of Tangerine Road and
Crossroads Trail
• In conjunction with the developer of Gladden Farms II, construction of traffic
signals at the intersections of Clark Farms Boulevard and Mike Etter Boulevard
and at Clark Farms Boulevard and Tangerine Road
As of this date, the Developer has substantially completed construction of all the
above -described transportation improvements, except for the Initial TI Improvements.
None of the improvements have been formally accepted into the Town's system for
maintenance yet, but the parties expect the improvements to be accepted by the Town
through the normal closeout process.
In addition to the developer -constructed transportation improvements described
above, the Original Agreement required the Developer to contribute $2.6 million
towards the design and construction of the Tangerine TI Improvements, as those
improvements are described in Exhibit "D" to the Original Agreement. In compliance
with the Original Agreement, the Developer paid $600,000 cash to the Town on May
12, 2022, and provided a $2 million performance bond to the Town on May 3, 2022, to
be replaced with cash upon written notice from the Town.
Marana Town Council Regular Meeting Agenda Packet Page 47 of 101
April 1, 2025
Due to issues outside the parties' control, including construction coordination issues
with the Town project known as Tangerine Road Phase 2A, Town of Marana Project
No. ST098 (the "Road Project"), the Initial TI Improvements have not been completed.
The Town and the Developer now believe that the most economical and least
disruptive way to accomplish the construction of the Initial TI Improvements is for the
Town to have the Initial TI Improvements constructed by the Town's contractor
(Borderland Construction Company, Inc.) in connection with the construction of the
Road Project.
The proposed First Amendment to The Crossroads at Gladden Development
Agreement includes the following provisions:
• Provides that in lieu of the Developer's construction of the Initial TI
Improvements, the Town will construct the improvements in conjunction with its
construction of the Tangerine Road Phase 2A Road Project and the Tangerine TI
Improvements.
• Replaces the detailed descriptions of the Initial TI Improvements and the
Tangerine TI Improvements in the Original Agreement with an illustrative
concept, with final design being determined by the Town through the engineering
process.
• Provides that in lieu of the $2.6 million contribution to the Tangerine TI
Improvements, the Developer shall contribute a total amount of $3.1 million to the
now combined Tangerine TI Improvements/Initial TI Improvements. Within 30
days of the effective date of the proposed First Amendment, the Developer will
pay the Town $2.5 million in cash, and upon receipt of the $2.5 million payment,
the Town will return the previously -provided $2 million performance bond to the
Developer.
• Acknowledges that the Developer has substantially completed construction of all
the other transportation improvements defined in Exhibit C to the Original
Agreement and that the Town will not withhold certificates of occupancy on
Blocks 1 through 5, inclusive, 7 and 8.
• Acknowledges that the Town's 2022 Streets Facilities Infrastructure Improvements
Plan ("IIP") adopted on September 20, 2022, includes the Tangerine TI
Improvements and that upon the Town's receipt of the Developer's payment of
$3.1 million, the Developer will receive impact fee credits for that amount.
• Clarifies that if a lot or block of the Crossroads and Gladden Specific Plan
property is finally subdivided and sold to an end user for non-residential or
multi -family use, it shall remain subject to the terms of the development agreement
• Makes other changes conforming to the revisions outlined above.
Financial Impact:
Pursuant to the First Amendment, the Developer will be required to contribute $3.1M
towards the Tangerine TI Improvements. The Developer has already paid the Town
$600,000, and will be required to pay the additional $2,500,000 within 30 days of the
effective date of the First Amendment.
Marana Town Council Regular Meeting Agenda Packet Page 48 of 101
April 1, 2025
Staff Recommendation:
Staff recommends approval of the First Amendment to the Crossroads at Gladden
Development Agreement.
Suggested Motion:
I move to adopt Resolution No. 2025-028, approving and authorizing the Mayor to
execute the First Amendment to the Crossroads at Gladden Development Agreement.
Attachments
Resolution No. 2025-028
Exhibit A to Resolution: First Amendment
Crossroads at Gladden Final Plat cover sheet
Original Development Agreement
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 49 of 101
MARANA RESOLUTION NO. 2025-028
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE THE FIRST AMENDMENT TO THE CROSSROADS AT GLADDEN
DEVELOPMENT AGREEMENT
WHEREAS, on August 17, 2021, the Town Council adopted Ordinance No.
2021.018, approving the Crossroads at Gladden Specific Plan, rezoning 281 acres of land
located along the west side of Interstate 10 approximately 575 feet northwest of the
Tangerine Road and Interstate 10 interchange; and
WHEREAS Ordinance No. 2021.018 provides that the rezoned property will be
developed in accordance with a development agreement which must be adopted prior to
approval of any plat or development plan for any portion of the rezoning area; and
WHEREAS the Town and the developer of Crossroads at Gladden entered into
The Crossroads at Gladden Development Agreement recorded in the Pima County
Recorder's office on April 22, 2022 at Sequence No. 20221120085 (the "Original
Agreement"); and
WHEREAS the parties desire to amend the Original Agreement; and
WHEREAS the Town is authorized by A.R.S. § 9-500.05 to enter into a
development agreement with a land owner or other person or entity having an interest
in real property located within the Town to facilitate development of the property by
providing for, among other things, the conditions, terms, restrictions, and requirements
for development and public infrastructure and the financing of public infrastructure; and
WHEREAS the Town Council finds that the First Amendment to the Crossroads at
Gladden Development Agreement is in the best interest of the Town and its citizens and
should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the First Amendment to the Crossroads at Gladden Development
Agreement, as set forth on Exhibit A attached to and incorporated within this resolution
by this reference, is hereby approved, the Mayor is authorized to execute it for and on
behalf of the Town of Marana, and Town staff is authorized to carry out its terms.
1
Resolution No. 2025-028
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 50 of 101
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of April, 2025.
Mayor Jon Post
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
2
Resolution No. 2025-028
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 51 of 101
Exhibit A to Marana Resolution No. 2025-028
FIRST AMENDMENT TO THE CROSSROADS AT
GLADDEN DEVELOPMENT AGREEMENT
TOWN OF MARANA, ARIZONA
THIS FIRST AMENDMENT TO THE CROSSROADS AT GLADDEN DEVELOPMENT AGREEMENT
(this "First Amendment") is made by and between the TOWN OF MARANA (the "Town"),
an Arizona municipal corporation, TANGERINE 2021, LLC, a Delaware limited liability
company (the "Developer"), and FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona
corporation, solely in its capacity as trustee under Trust No 60,528 and not in its corporate
capacity (the "Owner"). The Town and the Developer are collectively referred to in this
First Amendment as the "Parties," each of which is sometimes individually referred to as
a "Party."
RECITALS
A. The development project commonly known as Crossroads at Gladden and referred
to in this First Amendment as the "Project" consists of the land area included within the
Specific Plan.
B. The Developer is the master developer of the Project.
C. Title to portions of the Project is held by the Owner, whose sole beneficiary is the
Developer.
D. The Parties entered into The Crossroads at Gladden Development Agreement
recorded in the Pima County Recorder's office on April 22, 2022 at Sequence 20221120085
(the "Original Agreement") affecting the development of the Project.
E. Paragraph 2.3 of the Original Agreement provides that the Developer is to
substantially complete construction of the Developer -Constructed Transportation
Improvements, described in Exhibit C, Section I (Initial TI Improvements) and Sections
II.1 (Crossroads Trail), II.3 (Tangerine Road and Crossroads Trail), and II.4 (Traffic
Signals) of the Original Agreement, prior to issuance of certificates of occupancy in excess
of 25,000 square feet of cumulative structure(s) on Blocks 1 through 5, inclusive, 7, and 8
of the Property.
F. Paragraph 2.3 of the Original Agreement also provides that the Town will require
substantial completion of construction of all of the Developer -Constructed
Marana Town Council Regular Meeting Agenda Packet Page 52 of 101
April 1, 2025
Exhibit A to Marana Resolution No. 2025-028
Transportation Improvements described in Exhibit C of the Original Agreement prior to
issuance of any certificate of occupancy on Block 6.
G. Paragraph 10.11 of the Original Agreement provides that the Original Agreement
shall terminate without the execution or recordation of any further document or
instrument as to any lot or block which has been finally subdivided and conveyed to an
end purchaser or user and thereupon such end purchaser or user and lot or block shall
be released from and no longer be subject to or burdened by the provisions of the Original
Agreement.
H. As of the Effective Date (as defined below), the Developer has conveyed Blocks 1,
2, 3, and 6 of the Project; thus, by operation of paragraph 10.11 of the Original Agreement,
Blocks 1, 2, 3, and 6 have been released from the provisions of the Original Agreement,
but the Developer remains obligated to construct the Developer -Constructed
Transportation Improvements described in Exhibit C of the Original Agreement.
I. As of the Effective Date, the Developer has substantially completed construction of
the following improvements described in Exhibit C of the Original Agreement: the
Crossroads Trail improvements identified in Exhibit C, Section II.1, the Tangerine Road
and Crossroads Trail improvements identified in Exhibit C, Section II.3, and the traffic
signal at Tangerine Road and Crossroads Trail, as identified in Exhibit C, Section II.4 (first
bullet point). Additionally, the developer of the Gladden Farms II project has
substantially completed the design and construction of the traffic signals at Clark Farms
Boulevard and Mike Etter Boulevard, and at Clark Farms Boulevard and Tangerine, as
identified in Exhibit C, Section II.4 (second bullet point). As of the Effective Date, none of
these improvements have been formally accepted into the Towri s system for
maintenance yet, but the Parties expect the improvements to be accepted by the Town
through the normal closeout process.
J. Due to issues outside the Parties control, including supply chain, permitting, and
construction coordination issues, the Initial TI Improvements have not been completed.
K. Block 2 is currently being developed pursuant to the Development Plan for
Southern Arizona Logistics Center (DPP2202-002) approved September 29, 2022; Blocks
1, 3, and 6 remain undeveloped as of the Effective Date.
L. Southern Arizona Logistics Center expects to require a certificate of occupancy for
more than 25,000 square feet of cumulative structures prior to the completion of the
delayed Initial TI Improvements.
M. The Town project known as Tangerine Road Phase 2A, Town of Marana Project
No. ST098 (the "Road Project") is currently underway. The Town has entered into a
design contract with Psomas, Inc. ("Psomas") for the design of the Road Project.
Additionally, the Town has selected Borderland Construction Company, Inc.
("Borderland") as the Construction Manager at Risk ("CMAR") for the Road Project
N. As the Original Agreement requires the Developer to fund the design and
construction of the Initial TI Improvements, Psomas has completed design of the Initial
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 53 of 101
Exhibit A to Marana Resolution No. 2025-028
TI Improvements for the Developer and has been fully paid for the design by the
Developer.
O. The Parties believe that the most economical and least disruptive way to
accomplish the prompt construction of the Initial TI Improvements is for the Town to
have the Initial TI Improvements constructed by Borderland in connection with the
construction of the Road Project.
P. Paragraph 2.4 of the Original Agreement provides that the Developer shall
contribute $2,600,000 to the design and construction of the Tangerine TI Improvements
as described in Exhibit D to the Original Agreement, and required that that the Developer
pay $600,000 and deliver a performance bond or bonds in the amount of $2,000,000 to the
Town within 60 days of the Effective Date of the Original Agreement.
Q. The Developer paid $600,000 to the Town on May 12, 2022, and provided the
performance bond to the Town on May 3, 2022, as required by Paragraph 2.4 of the
Original Agreement.
R. The Parties understand and acknowledge that this First Amendment is a
"Development Agreement" within the meaning of, and entered into pursuant to the
terms of, Arizona Revised Statutes section (A.R.S. §) 9-500.05.
S. This First Amendment is consistent with the portions of the Towri s General Plan
applicable to the Project.
T. The Parties desire to amend the Original Agreement to memorialize their
agreement concerning the issues addressed in this First Amendment.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual promises
and agreements set forth in this First Amendment, the Parties hereby agree as follows:
1. Definitions; Recitals. Capitalized words and phrases in this First Amendment shall
have the meanings set forth in the Original Agreement as modified by this First
Amendment. The Recitals set forth at the beginning of this First Amendment are hereby
acknowledged and confirmed to be accurate and are incorporated herein by this
reference.
2. Town construction of Initial TI Improvements. In lieu of the Developer's construction
of the Initial TI Improvements as required by paragraph 2.2 of the Original Agreement,
the Town will construct the Initial TI Improvements in conjunction with its construction
of the Tangerine Road Phase 2A Road Project. The Initial TI Improvements will be
integrated into and become a part of the Tangerine TI Improvements. Paragraphs 2.2 and
2.3 of the Original Agreement are hereby amended to conform to the provisions of this
paragraph 2.
3. Developer's Substantial Completion of the Developer -Constructed Transportation
Improvements. As described in Recital I, above, the Developer has substantially completed
construction of the following improvements described in Exhibit C of the Original
Marana Town Council Regular Meeting Agenda Packet Page 54 of 101
April 1, 2025
Exhibit A to Marana Resolution No. 2025-028
Agreement: the Crossroads Trail improvements, the Tangerine Road and Crossroads
Trail improvements, and the traffic signal at Tangerine Road and Crossroads Trail.
Additionally, the developer of the Gladden Farms II project has substantially completed
the design and construction of the traffic signals at Clark Farms Boulevard and Mike Etter
Boulevard, and at Clark Farms Boulevard and Tangerine, as identified in Exhibit C. Based
on the substantial completion of these improvements, the Town will not withhold
certificates of occupancy on Blocks 1 through 5, inclusive, 7 and 8. Paragraph 2.3 of the
Original Agreement is hereby amended to conform to the provisions of this paragraph 3.
4. Revision to "Tangerine TI Improvements" definition. The Tangerine TI Improvements
shall consist of the design and construction of the roadway improvements to the existing
Interstate 10 traffic interchange at Tangerine Road, as has been and will be determined
by engineering analysis(es) commissioned by the Town for the project. Exhibit D1 is
provided as an illustrative concept for the Tangerine TI Improvements but final design
will be determined through the engineering process.
5. Developer contribution to Tangerine TI Improvements. In lieu of the contribution
requirements of paragraph 2.4 of the Original Agreement as described in recital P above,
the Developer shall contribute a total amount of $3,100,000 to the Tangerine TI
Improvements, as defined in paragraph 3 above, which shall now be considered the "In
Lieu Contribution." The Parties acknowledge that the Developer has already paid
$600,000 in cash to the Town as of May 12, 2022, and provided a performance bond in the
amount of $2,000,000 to the Town on May 3, 2022. Within 30 days of the Effective Date of
this First Amendment, the Developer shall pay the Town $2,500,000 in cash. Upon receipt
of the $2,500,000 payment required by this paragraph, the Town will return the
performance bond to the Developer. Paragraph 2.4 of the Original Agreement is hereby
amended to conform to the provisions of this paragraph 5.
6. Conformance of the Original Agreement. The terms of the Original Agreement are
further modified to conform to this First Amendment, including without limitation, the
following:
a. Exhibit C (Developer -Constructed Transportation Improvements) to the
Original Agreement is hereby amended by deleting Section I (Initial TI
Improvements) in its entirety.
b. Exhibit D (Tangerine TI Improvements) to the Original Agreement is hereby
deleted in its entirety.
c. Paragraph 6.8.2 of the Original Agreement is hereby deleted in its entirety and
replaced with the following:
6.8.2. Tangerine TI Improvements. The Town Council adopted the Town s
2022 Streets Facilities Infrastructure Improvements Plan on September 20,
2022, via adoption of Resolution No. 2022-100 (the "2022 Streets IIP"). The
2022 Streets IIP includes the Tangerine TI Improvements. The Property is
subject to the revised Northwest Streets Development Impact Fees, and upon
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 55 of 101
Exhibit A to Marana Resolution No. 2025-028
the Towri s receipt of payment of the In Lieu Contribution, the Developer
shall receive Impact Fee Credits for the total In Lieu Contribution of
$3,100,000.
7. Termination upon sale to end purchaser or user. Paragraph 10.11 of the Original
Agreement is hereby deleted in its entirety and replaced with the following:
10.11. Termination upon sale to end purchaser or user. Blocks 1, 2, 3, and 6 have
been released from the provisions of this Agreement. In regard to Blocks 4, 5, 7,
and 8, this Agreement shall terminate without the execution or recordation of any
further document or instrument as to any lot which has been (i) finally subdivided
and (ii) individually (and not in "bulk") leased (for a period of longer than one
year) or sold to the end purchaser or user for residential use, and thereupon such
lot shall be released from and no longer be subject to or burdened by the provisions
of this Agreement. The Town and the Developer will execute such documents and
instruments as the end purchaser or user or a title company requires in order to
effectuate the intent of this paragraph. For the avoidance of confusion, the Parties
expressly agree and acknowledge that this Agreement shall not terminate as to
any lot or block which has been (i) finally subdivided and (ii) individually (and
not in "bulk") leased (for a period of longer than one year) or sold to the end
purchaser or user for non-residential use. For purposes of this paragraph, multi-
family use is considered non-residential use.
8. Term. This First Amendment shall become effective (the "Effective Date") upon the
date of recording in the office of the Pima County Recorder. The term of this First
Amendment shall begin on the Effective Date and shall terminate concurrently with the
termination of the Original Agreement.
9. Effect on the Original Agreement and other agreements. Except as expressly modified in
this First Amendment, the terms, provisions and obligations of the Original Agreement
shall remain in full force and effect. Nothing in this First Amendment is intended to
modify other agreements not mentioned in this First Amendment that affect the
development of the Project, and the failure of this First Amendment to mention such
other agreements shall not affect their validity.
10. Counterparts. This First Amendment may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. The signature pages from one or more counterparts may be
removed from such counterparts and such signature pages all attached to a single
instrument so that the signatures of all Parties may be physically attached to a single
document.
11. Good standing; authority. The Developer represents and warrants to the Town that
it is duly formed and validly existing under the laws of Delaware and is authorized to do
business in the state of Arizona. The Town represents and warrants to the Developer that
it is an Arizona municipal corporation with authority to enter into this First Amendment
under applicable state laws. Each Party represents and warrants that the individual
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 56 of 101
Exhibit A to Marana Resolution No. 2025-028
executing this First Amendment on its behalf is authorized and empowered to bind the
Party on whose behalf each such individual is signing.
12. Severability. If any provision of this First Amendment is declared void or
unenforceable, it shall be severed from the remainder of this First Amendment, which
shall otherwise remain in full force and effect. If a law or court order prohibits or excuses
the Town from undertaking any contractual commitment to perform any act under this
First Amendment, this First Amendment shall remain in full force and effect, but the
provision requiring the act shall be deemed to permit the Town to act at its discretion,
and if the Town fails to act, the Developer shall be entitled to terminate this First
Amendment.
13. Governing law. This First Amendment is entered into in Arizona and shall be
construed and interpreted under the laws of Arizona, and the Parties agree that any
litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of
the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 7.5
of the Original Agreement, requiring disputes to be resolved by binding arbitration.
14. Interpretation. This First Amendment has been negotiated by the Town and the
Developer, and no party shall be deemed to have drafted this First Amendment for
purposes of construing any portion of this First Amendment for or against any party.
15. Recordation. The Town shall record this First Amendment in its entirety in the
office of the Pima County Recorder no later than ten days after it has been executed by
the Town and the Developer.
16. No representations of development. Except as specifically set forth in this First
Amendment, nothing contained in this First Amendment shall be deemed to obligate the
Town or the Developer to complete any part or all of the development of the Project.
17. Approval. If any Party is required pursuant to this First Amendment to give its
prior written approval, consent or permission, such approval, consent or permission shall
not be unreasonably withheld or delayed.
18. Force majeure. If any Party shall be unable to observe or perform any covenant or
condition of this First Amendment by reason of "force majeure," then the failure to
observe or perform such covenant or condition shall not constitute a default under this
First Amendment so long as such Party shall use its best effort to remedy with all
reasonable dispatch the event or condition causing such inability and such event or
condition can be cured within a reasonable amount of time. "Force majeure," as used in
this paragraph, means any condition or event not reasonably within the control of such
party, including without limitation, "acts of God," strikes, lock -outs, or other disturbances
of employer/employee relations; acts of public enemies; orders or restraints of any kind
of government of the United States or any state thereof or any of their departments,
agencies, or officials, or of any civil or military authority; insurrection; civil disturbances;
riots; epidemics; pandemics; landslides; lightning; earthquakes; subsidence; fires;
hurricanes; storms; droughts; floods; arrests, restraints of government and of people;
Marana Town Council Regular Meeting Agenda Packet Page 57 of 101
April 1, 2025
Exhibit A to Marana Resolution No. 2025-028
explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and
other disturbances of employer/employee relations or to settle legal or administrative
proceedings by acceding to the demands of the opposing Party or Parties, in either case
when such course is in the judgment of and unfavorable to a Party shall not constitute
failure to use its best efforts to remedy such a condition.
19. Conflict of interest. This First Amendment is subject to A.R.S. § 38-511, which
provides for cancellation of contracts in certain instances involving conflicts of interest.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the last
date set forth below their respective signatures.
The "Town":
TOWN OF MARANA, an Arizona
municipal corporation
The "Developer":
TANGERINE 2021, LLC, a Delaware limited
liability company
By: By:
Dean Wingert
Jon Post, Mayor Authorized Signatory
Date: Date:
ATTEST:
David L. Udall, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
The "Owner":
FIDELITY NATIONAL TITLE AGENCY, INC., an
Arizona corporation, solely in its capacity as
trustee under Trust No 60,528 and not in its
corporate capacity
By:
Name:
Title:
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 58 of 101
Exhibit A to Marana Resolution No. 2025-028
STATE OF ARIZONA
County of Pima
)
SS
)
The foregoing instrument was acknowledged before me on , 2025, by
Dean Wingert, Authorized Signatory of TANGERINE 2021, LLC, a Delaware limited
liability company, on behalf thereof.
(Seal)
STATE OF ARIZONA
County of Pima
)
SS
)
Notary Public
The foregoing instrument was acknowledged before me on , 2025, by
, the of FIDELITY NATIONAL TITLE AGENCY,
INC., an Arizona corporation, solely in its capacity as trustee under Trust No 60,528 and
not in its corporate capacity, on behalf thereof.
(Seal)
Notary Public
Marana Town Council Regular Meeting Agenda Packet Page 59 of 101
April 1, 2025
Exhibit A to Marana Resolution No. 2025-028
Exhibit D1
Illustrative Concept for the Tangerine TI Improvements (4 pages)
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 60 of 101
Exhibit A to Marana Resolution No. 2025-028
TANGERINE TRAFFIC INTERCHANGE IMPROVEMENTS
Page 1 of 4
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 61 of 101
Exhibit A to Marana Resolution No. 2025-028
TANGERINE TRAFFIC INTERCHANGE IMPROVEMENTS
Page 2of4
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Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 62 of 101
Exhibit A to Marana Resolution No. 2025-028
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Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 63 of 101
Exhibit A to Marana Resolution No. 2025-028
TANGERINE TRAFFIC INTERCHANGE IMPROVEMENTS
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Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 64 of 101
0 2021 ,Risk Engineering Company
GENERAL NOTES
1. THE GROSS AREA OF THIS SUBDIVISION IS 280.59 AC (12,222,606 SF).
2. THE NUMBER OF BLOCKS IS 8.
3. TOTAL MILES OF NEW PUBLIC STREET IS 0.75.
TOTAL AREA OF NEW PUBLIC STREET IS 8.24 AC/359.173 SF.
TOTAL MILES OF NEW PRIVATE STREETS IS 0.0.
4. THE EXISTING ZONING IS S-P(SPECIFIC PLAN - THE CROSSROADS AT GLADDEN) PER
ORDINANCE NO. 2021.018. THE LAND USE DESIGNATIONS WITHIN THE SPECIFIC
PLAN AREA ARE TRANSITIONAL (TR), COMMERCIAL (C) AND COMMERCE PARK (CP).
TR: TRANSITIONAL (BLOCKS 1 - 3 AND 6) 232.2 AC/10,114,704 SF
C: COMMERCIAL (BLOCKS 4 & 5) 12 AC/522,720 SF
CP: COMMERCE PARK (BLOCKS 7 & 8) 28.14 AC/1,226,009 SF
5. THE BASIS OF BEARING IS THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, AS SHOWN ON THE
RECORD OF SURVEY RECORDED IN BOOK 73 PAGE 92. AS MONUMENTED BY A 3" TOWN OF
MARANA BRASS CAP AT THE SOUTHWEST CORNER OF SAID SECTION AND A 3.5" BRASS CAP
(FORMERLY A 1/2" REBAR) AT THE SOUTH QUARTER OF SAID SECTION. SAID BEARING
BEING S89°27'28 "W.
6. UPON COMPLETION OF ALL PHASES OF DEVELOPMENT, THE 100-YEAR FREQUENCY FLOOD WILL
BE ENTIRELY CONTAINED WITHIN THE RIGHT-OF-WAY OF PAVED STREETS AND WITHIN
DRAINAGE EASEMENTS.
7. ALL DRAINAGE IMPROVEMENTS ON OR ADJACENT TO THIS PROJECT WHICH ARE TO BE
CONSTRUCTED IN CONJUNCTION WITH THE DEVELOPMENT OF THIS PROJECT, SHALL BE
CONSTRUCTED ACCORDING TO PLANS AS REVIEWED AND APPROVED BY THE TOWN OF MARANA.
8. THE DEVELOPER HOLDS THE TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNEES AND
CORTARO-MARANA IRRIGATION DISTRICT HARMLESS IN THE EVENT OF FLOODING.
9. DRAINAGE WILL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF
THE MARANA TOWN COUNCIL.
10. THIS PROJECT LIES WITHIN THE PLANNED WATER SERVICE AREA OF THE TOWN OF MARANA
WATER AND RECLAMATION DEPARTMENT WHICH IS DESIGNATED BY THE DEPARTMENT OF WATER
RESOURCES AS HAVING AN ASSURED WATER SUPPLY.
11. THE RELOCATION OF ANY UTILITIES SHALL BE AT NO EXPENSE TO THE PUBLIC, TOWN OF
MARANA OR THE CORTARO-MARANA IRRIGATION DISTRICT.
12. NO FURTHER LOT SPLITTING OR SUBDIVIDING SHALL BE DONE WITHOUT THE WRITTEN
APPROVAL OF THE TOWN OF MARANA.
13. FIRE HYDRANT AND MINIMUM FIRE FLOW WILL BE PROVIDED FOR ALL PROJECTS AFTER
DETERMINATION OF NEED IN ACCORDANCE WITH BUILDING PROJECT SPECIFICATIONS.
14. AFFECTED PARCELS: ASSESSORS PARCEL NO. 217-55-012A; 217-55-012D; 217-55-013F;
217-55-013G.
15. 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, OR
COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS.
16. POTENTIAL BUYERS WILL BE NOTIFIED OF THE PROXIMITY OF THE NORTHWEST MARANA
REGIONAL AIRPORT VIA FINAL PLAT NOTES FOR ALL DEVELOPMENT PARCELS, ADDITIONAL
RESTRICTIONS RELATED TO THE AIRPORT MAY BE PROMULGATED BY THE TOWN.
17. AN AVIGATION EASEMENT HAS BEEN RECORDED ON THIS PROPERTY. THIS PROPERTY IS
IN THE AIRPORT INFLUENCE AREA FOR THE MARANA REGIONAL AIRPORT AND IS
SUBJECT TO AIRCRAFT NOISE AND AIRCRAFT OVERFLIGHT. AVIGATION EASEMENT
RECORDED IN SEQ #2021_�it�?_,�.5_ .__._.
18. INSTALLATION OF ITEMS SUCH AS LANDSCAPE, IRRIGATION, SIGNAGE, MONUMENTS, AND
WALLS WITHIN THE PUBLIC RIGHTS -OF -WAY SHALL REQUIRE A PERPETUAL LICENSE
AGREEMENT FOR INSTALLATION, MAINTENANCE. AND INDEMNIFICATION. THIS DOCUMENT
SHALL BE EXECUTED PRIOR TO FINAL APPROVAL OF LANDSCAPE PLANS OR
IMPROVEMENT PLANS ALLOWING INSTALLATION WITHIN THE PUBLIC RIGHTS -OF -WAY.
THE HOMEOWNER'S ASSOCIATION SHALL REVIEW AND APPROVE ALL INSTALLATIONS
WITHIN THE RIGHTS -OF -WAY PRIOR TO AND UPON COMPLETION, AS THESE ITEMS WILL BE
REGULATED UNDER THE LICENSE AGREEMENT EXECUTED BETWEEN THE HOMEOWNER'S
ASSOCIATION AND THE TOWN OF MARANA.
19. ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE PLACED
UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV OR GREATER,
AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE ELECTRICAL
TRANSMISSION CORRIDORS.
20. A PROFESSIONAL ENGINEER SHALL CERTIFY AS TO THE FORM, LINE, AND FUNCTION OF ALL
PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES BEFORE THE RELEASE OF
ASSURANCES.
21. THERE IS THE POTENTIAL FOR OFF -SITE FLOWS TO AFFECT THIS SITE. FINAL ANALYSIS OF
THESE FLOWS WILL BE ANALYZED AT THE TIME OF RESUBDIVISION/DEVELOPMENT OF EACH
INDIVIDUAL BLOCK. OFF -SITE FLOWS AFFECTING EACH BLOCK WILL BE ACCEPTED BY AND
INCORPORATED INTO THE DRAINAGE DESIGN OF EACH INDIVIDUAL BLOCK.
22. THIS SUBDIVISION IS SUBJECT TO THE REQUIREMENTS OF MARANA ORDINANCE
2021.018 AS ADOPTED BY THE MARANA TOWN COUNCIL ON AUGUST 17,2021, AND THE
CROSSROADS AT GLADDEN SPECIFIC PLAN.
23. A PERMIT/USE LICENSE MUST BE OBTAINED FROM CORTARO-MARANA IRRIGATION DISTRICT
PRIOR TO ANY CONSTRUCTION ACTIVITY OR DISTURBANCE WITHIN CORTARO-MARANA IRRIGATION
DISTRICT PROPERTIES, EASEMENTS OR RIGHT OF WAYS. A CORTARO-MARANA IRRIGATION
DISTRICT PERMIT DOES NOT REPLACE OR ELIMINATE A REQUIRED PERMIT FROM OTHER ENTITIES.
24. SOME OR ALL OF THE LANDS WITHIN THIS PROJECT SHALL CONTINUE TO BE SUBJECT TO TAX
AND/OR ASSESSMENTS BY THE CORTARO-MARANA IRRIGATION DISTRICT AND CORTARO WATER
USERS' ASSOCIATION.
25. ANY WELLS CONSTRUCTED AS PART OF THIS PROJECT, WITH THE EXCEPTION OF ANY WELL
FOR THE TOWN OF MARANA OR CORTARO-MARANA IRRIGATION DISTRICT, ARE RESTRICTED
TO A MAXIMUM FLOW RATE OF 50 GALLONS PER MINUTE.
26. IF REQUIRED, RELOCATION AND PROTECTION OF CORTARO-MARANA IRRIGATION DISTRICT
PROPERTIES SHALL BE COMPLETED AT NO EXPENSE TO THE DISTRICT. ADDITIONAL LANDS
MUST BE DEDICATED BY FINAL PLAT OR SEPARATE INSTRUMENT WHERE NECESSARY TO ALLOW
FOR A MINIMUM OF A 25' EASEMENT OVER ALL CMID INFRASTUCTURES.
P41
RICK
ENGINEERINO COMPANY
Tucson
(a) County of Recordation
(b) Date of Recording
(c) Fee/Recording Number
11
1
1
11
11
1
1
II
11
11
1
PIMA
12/10/2021
20213440123
1111
3945 EAST FORT LOWELL ROAD - SUITE 111
TUCSON, AZ 85712
520-795.1000
III
11
1
11
J-5094
rickengineering.com
San [Diego - Riverside - Orange - Sacramento - San Luis Obispo - Phoenix • Denver
DEDICATION
I, THE UNDERSIGNED, HEREBY WARRANT THAT I AM ALL AND THE ONLY PARTY HAVING ANY FEE
TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND I CONSENT TO THE SUBDIVISION OF
THIS LAND IN THE MANNER SHOWN ON THIS PLAT.
I, THE UNDERSIGNED HEREBY DEDICATE TO THE TOWN OF MARANA ALL RIGHTS -OF -WAY SHOWN
ON THIS PLAT, INCLUDING ALL STREETS, ALLEYS, DRAINAGEWAYS, AND EASEMENTS, INCLUDING
NO ACCESS EASEMENTS. UTILITY EASEMENTS AS SHOWN ON THIS PLAT ARE DEDICATED TO THE
TOWN OF MARANA AND ALL PUBLIC AND PRIVATE UTILITY COMPANIES FOR THE PURPOSE OF
INSTALLATION AND MAINTENANCE OF, AND ACCESS TO, PUBLIC AND PRIVATE UTILITIES AND
PUBLIC SEWERS. NO ACCESS EASEMENTS SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OF
MARANA FOR THE PURPOSE OF ACCESS CONTROL TO ADJACENT RIGHTS -OF -WAY. OTHER EASEMENTS
SHOWN ON THIS PLAT ARE DEDICATED TO THE TOWN OF MARANA FOR THE PURPOSE OR PURPOSES
NOTED ON THIS PLAT.
I, THE UNDERSIGNED, MY SUCCESSORS AND ASSIGNS, DO HEREBY HOLD THE TOWN OF MARANA,
ITS EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS
FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON OF
FLOODING. FLOWAGE, EROSION. OR DAMAGE CAUSED BY WATER, WHETHER SURFACE FLOOD OR
RAINFALL, NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT
THE APPROVAL OF THE TOWN OF MARANA.
FIDELITY NATIONAL TIT AGENCY, INC., AN ARIZONA CORPORATION. AS TRUSTEE UNDER
TRUST NO. 60,528,AS 'IUSTEE ONLY AND NOTE N ITS CORPORATE CAPACITY.
BY: /
TRUSTOFFICIAL
ACKNOWLEDGEMENT
STATE OF ARIZONA
SS.
COUNTY OF PIMA
DATE
QV THIS L _DAY QF - OY P. 6MM, 2021, BEFORE ME PERSONALLY APPEARED
Kl07344.-!",c WHO ACKNOWLEDGED TO BE THE TRUST OFFICIAL OF FIDELITY
NATIONAL TITLE AGENCY, INC. TRUST NO. 60,528, AND BEING AUTHORIZED SO TO DO,
EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN.
;4.1 _ clA1/41)4
MY COMM?SSION EXPIRES
BENEFICIARY
KASSANDRA KOLB
NOTARY PUBLIC - ARIZONA
Plma County
Commission # 584392
My Commission Expires
July 4, 2024
NOTARY PUBLIC
* PURSUANT TO A.R.S. SECTION 33-404(8), THE NAME AND ADDRESS OF THE SOLE
BENEFICIARIES OF TRUST NO. 60,528, DESCRIBED ABOVE AS DISCLOSED BY THE RECORDS
OF SAID TRUST IS:
TANGERINE 2021. L.L.C., A DELAWARE LIMITED LIABILITY COMPANY
C/O DEAN WINGERT, VICE PRESIDENT.
333 EAST WETMORE ROAD, SUITE 250
TUCSON, AZ 85705
GENERAL NOTES CONTINUED
27. PER A FORTHCOMING AGREEMENT WITH THE CORTARO-MARANA IRRIGATION DISTRICT, A WATER
DELIVERY SYSTEM WILL BE INSTALLED TO CONVEY NON -POTABLE WATER TO COMMON AREAS,
RECREATION AREAS, AND PUBLIC FACILITIES THROUGHOUT THE PROJECT.
1
SHEET 2
NNN
0
Oro
BLOCK 1
BLOCK 2
BLOCK 3
BLOCK 4
BLOCK 5
BLOCK 6
28. THE DEVELOPERS OF BLOCKS 1, 2, 6, 7, AND 8 MUST PLACE UNDERGROUND THAT PORTION OF
THE CORTARO-MARANA IRRIGATION DISTRICT MAIN CANAL THAT LIES ADJACENT TO THE
NORTHEAST BOUNDARY OF THEIR RESPECTIVE BLOCK, A REQUIREMENT OF THE CORTARO-MARANA
IRRIGATION DISTRICT IS THE USE OF RCP (REINFORCED CONCRETE PIPE) WHEN
UNDERGROUNDING THEIR DELIVERY SYSTEM.
29. CONSTRUCTION OF THE DEVELOPMENT MUST BE SCHEDULED TO AVOID INTERRUPTION OF ANY
IRRIGATION WATER DELIVERY. AN INTERRUPTION MAY BE SCHEDULED THROUGH THE CORTARO-
MARANA IRRIGATION DISTRICT OFFICE WITH MANAGEMENT APPROVAL. NON IRRIGATION
PERIODS WITHIN THE DISTRICT ARE NORMALLY FROM THE THIRD WEEK IN SEPTEMBER
THROUGH THE THIRD WEEK IN DECEMBER.
30. A PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY THE UNDERGROUND CORTARO-MARANA
IRRIGATION DISTRICT PIPELINE AS TO DESIGN. MATERIAL, SIZE, USE AND REQUIRED
GRAVITY FLOW.
31. CORTARO-MARANA IRRIGATION DISTRICT PROPERTY AND/OR EASEMENTS SHALL NOT BE USED
FOR ANY DRAINAGE PURPOSE. ANY PROPOSED GRADING MODIFICATIONS TO THESE AREAS ARE
SUBJECT TO THE REVIEW AND APPROVAL OF THE CORTARO-MARANA IRRIGATION DISTRICT.
32. MAXIMUM BUILDING HEIGHT:
TR: (TRANSITIONAL) 30 FEET RESIDENTIAL - SINGLE FAMILY - DETACHED
35 FEET SINGLE FAMILY - ATTACHED/SMALL LOT OPTION
50 FEET MULTI -FAMILY
65 FEET NON-RESIDENTIAL*
C: (COMMERCIAL) 60 FEET
CP: (COMMERCE PARK) 65 FEET*
* MAY INCREASE TO 80 FEET UPON ISSUANCE OF A CONDITIONAL USE PERMIT PURSUANT
TO MARANA TOWN CODE SECTION 17.3.2.
RELEASE OF PRIOR PUBLIC ROADWAY
EASEMENT
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ADMINISTRATIVE ADDRESS
9900 WEST TANGERINE ROAD. MARANA, ARIZONA 85653
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ASSURANCES
i
'BLOCK 71
BLOCK 8 1
SCALE:
3" = 1 MILE
SCALE: 1"= 640'
1 SHE6E73 3
ASSURANCE IN THE FORM OF A THIRD PARTY TRUST NO. 60,528 FROM FIDELITY NATIONAL
TITLE AGENCY, INC. AS RECORDED IN SEQ #2021i .4L /, -L-_ IN THE OFFICE OF THE
RECORDER OF PIMA COUNTY. ARIZONA HAVE BEEN PROVIDED TO GUARANTEE INSTALLATION
OF REQUIRED STREET, SEWER, ELECTRIC, GAS AND WATER UTILITIES, DRAINAGE AND FLOOD
CONTROL AND OTHER SUBDI ISION IMPROVEMENTS MEETING ESTABLISHED MINIMUM
STANDARDS OF DES J GN AND( CONSTRUCTION.
BY:
TOWN OF MARANA
RECORDING
SEQ: #2021.. / 012-3
FEE: --_%1
STATE OF ARIZONA
SS.
COUNTY OF PIMA
I HEREBY CERTIFY THAT THE INSTRUMENT
WAS FILED FOR RECORD AT THE REQUEST
OF RICK ENGINEERING COMPANY, INC.
DATE %i,ce KG �.i.
TIME . -. a--' 3 _ ��c •dt . _ . _ .. _ ..
WITNESS MY HAND AND OFFICIAL SEAL DAY
AND YEAR ABOVE WRITTEN
GABRIELLA CAZARES-KELLY, COUNTY RECORDER
BY :/1;
+C-
EPUTY
Maps not picked up in 45
days will be recycled.
CERTIFICATION OF SURVEY
DATE
I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS PERFORMED
UNDER MY DIRECTION AND THAT ALL EXISTING AND PROPOSED SURVEY MONUMENTS AND
MARKERS SHOWN ARE CORRECTLY DESCRIBED. 1 FURTHER CERTIFY THAT THIS PLAT WAS
PREPARED UNDER MY DIRECTION.
tel
\\cp.rickeng.com\projects\T05000\CROSSROADS\ 5094_Crossroads_.Main\Civil\5O94fp01.dgn 17-NOV-2021 18:15
SHEET INDEX
1 COVER SHEET
2-3 PLAT SHEETS
LOCATION MAP
PORTION OF SECTION 36 T 11 S, R 11 E
G & SRM TOWN OF MARANA
PIMA COUNTY, ARIZONA
LEGEND
SYMBOL ITEM
BOUNDARY MONUMENT NOT SET DUE TO
ONGOING CONSTRUCTION
0 FOUND SURVEY MONUMENT, AS NOTED
14 Cr)13
23
LOT CORNER TO BE SET BY RLS
2" BRASS CAP SURVEY MONUMENT TO BE
STAMPED BY RLS FOLLOWING
COMPLETION CONSTRUCTION
QUARTER SECTION CORNER
BLOCK NUMBER
EXIST R/W
SECTION LINE
SUBDIVISION BOUNDARY
BLOCK LINE
CENTERLINE
EASEMENT BOUNDARY
TOWN OF MARANA APPROVALS
MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER
,P.E. l D€G 24
DATE
//AA/R.1
MARANA DEVELOPMENT SERVICES DIRECTOR DATE
MARANA WATE
CERTIFICATION
N
DATE
I. > " i 1,1141414) .- __, CLERK OF THE TOWN OF MARANA HEREBY CERTIFY
THAT THIS PLAT WAS ' APPROVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA ON
THE_ --- _--.-..-DAY OF7P,c.0 : 2021.
N CLE
ASSURED WATER SUPPLY
DATE
A CERTIFICATE OF ASSURED WATER SUPPLY HAS BEEN RECEIVED FROM THE DIRECTOR OF WATER
RESOURCES.
MARANA WATER DIRECTO
.
/a4/6.44/0.,2,1 _ _
DATE
FINAL BLOCK PLAT FOR
C OSS.ROA )S
AT GLAD N
BLOCKS 1 -
BEING A PORTION OF SECTION 36, TOWNSHIP 11 SOUTH,
RANGE 11 EAST, GILA & SALT RIVER MERIDIAN,
TOWN OF MARANA, PIMA COUNTY, ARIZONA. P R V 2 10 9_ 0 0 1
RELATED CASE: PCZ21O4-001, PCZ2104-002, ENG2109-OO6 SHEET 1 OF 3
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
SEQUENCE #2021 7V4/04 4?•,7�I
Page 65 of 101
GABRIELLA CAZARES-KELLY, RECORDER
Recorded By: KKE
DEPUTY RECORDER
5026
SMARA
TOWN OF MARANA
PICKUP
Nit PIMA COUNTY Si
�� RECCRE,FF OFFICE
SEQUENCE:
NO. PAGES:
MARANA RESOLUTION NO. 2022-039
i
111
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04/22/2022
9:57:41
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN THE CROSSROADS AT GLADDEN DEVELOPMENT AGREEMENT
WHEREAS, on August 17, 2021, the Town Council adopted Ordinance No.
2021.018, approving the Crossroads at Gladden Specific Plan, rezoning 281 acres of land
located along the west side of Interstate 10 approximately 575 feet northwest of the
Tangerine Road and Interstate 10 interchange; and
WHEREAS Ordinance No. 2021.018 provides that the rezoned property will be
developed in accordance with a development agreement which must be adopted prior to
approval of any plat or development plan for any portion of the rezoning area; and
WHEREAS the Town is authorized by A.R.S. § 9-500.05 to enter into a
development agreement with a land owner or other person or entity having an interest
in real property located within the Town to facilitate development of the property by
providing for, among other things, the conditions, terms, restrictions, and requirements
for development and public infrastructure and the financing of public infrastructure; and
WHEREAS the Town Council finds that the Crossroads at Gladden Development
Agreement is in the best interest of the Town and its citizens and should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Crossroads at Gladden Development Agreement, as set forth
on Exhibit A attached to and incorporated within this resolution by this reference, is
hereby approved, the Mayor is authorized to execute it for and on behalf of the Town of
Marana, and Town staff is authorized to carry out its terms.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of April, 2022.
ATT
Cherry L. La son, Town Clerk
00080532.DOCX /1
Resolution No. 2022-039
/4,
Mayor Ed Honea
APPROVED AS TO FORM:
airall, Town Attorney
a06t1
MNARANA AZ
Marana Town Council Regular Meeting Agenda PacketEsTAsusNeo 1977
April 1, 2025
1
Page 66 of 101
WHEN RECORDED, RETURN TO:
THE CROSSROADS AT GLADDEN DEVELOPMENT AGREEMENT
TOWN OF MARANA, ARIZONA
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made by and between the TOWN OF
MARANA, an Arizona municipal corporation (the "Town"), TANGERINE 2021, LLC, a Delaware
limited liability company (the "Owner" or "Developer"), and FIDELITY NATIONAL TITLE AGENCY
INC., an Arizona corporation, solely in its capacity as trustee under Trust No. 60,528 and not in
its corporate capacity (the "Title Company"). The Town, Developer, and Title Company are
collectively referred to in this Agreement as the "Parties," each of which is sometimes
individually referred to as a "Party."
RECITALS
A. The Owner acquired approximately 281 acres of land located in the Town limits, as
depicted on the map attached as Exhibit "A" and legally described on Exhibit "B" (the
"Property"). Due to the recordation of the Final Block Plat (defined below) and the dedication of
public rights -of -way, the Owner currently owns 272.3 acres.
B. The Title Company holds legal title to the Property, as trustee, in trust for the benefit of
the Owner.
C. The Developer proposes to develop the Property as the Crossroads at Gladden (the
"Project") in general accordance with the Development Regulations (as defined below).
D. The Developer and the Town desire that the Project be developed in a manner consistent
with the Development Regulations that apply to the Property as of the Effective Date, as
amplified and supplemented by this Agreement.
E. The Town and the Developer acknowledge that the development of the Property pursuant
to this Agreement will result in planning and economic benefits to the Town and its residents.
F. The Developer has made and by this Agreement will continue to make a substantial
commitment of resources for public and private improvements on the Property.
G. The following are among the development regulations that apply to the Property as of the
Effective Date (collectively, the "Development Regulations"):
i) The Town's written rules, regulations, procedures, and other policies relating to the
development of land, whether adopted by the Mayor and Council or by Town Staff
(collectively the "Marana Development Code").
ii) The future development of the Property shall be subject to the Crossroads at Gladden
Specific Plan as adopted by the Town on August 17, 2021, via Ordinance No. 2021.018, as
amended from time to time (the "Specific Plan").
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Town of Marana DA: Crossroads at Gladden -1-
iii) The final block plat for Crossroads at Gladden, Blocks 1-8 (the "Final Block Plat"),
approved December 7, 2021, and recorded at Sequence No. 20213440123, Pima County
Recorder's office.
H. Ordinance No. 2021.018 requires the Owner, pursuant to a master traffic impact analysis
(TIA) or other applicable Town of Marana codes or regulations, to design and construct
improvements to the Interstate 10 and Tangerine Traffic Interchange, frontage roads, ramps, and
adjacent roadways as recommended by the Town and the Arizona Department of Transportation
("ADOT") based on the submitted traffic studies.
I. The Town believes that unless and until the Initial TI Improvements and the Crossroads
Direct Improvements (as each is defined in Exhibit "C" attached, and collectively referred to
herein as the "Developer -Constructed Transportation Improvements") are constructed, the
transportation infrastructure in the vicinity of the Property may not be sufficient to accommodate
the Project at opening year in accordance with the Development Regulations.
J. The Town believes that unless and until the Tangerine TI Improvements (as defined in
Exhibit "D" attached) are constructed, the transportation infrastructure in the vicinity of the
Property may not be sufficient to accommodate the Project at full build -out in accordance with
the Development Regulations.
K. The Master Studies referenced in Ordinance No. 2021.018 and Sections 2.5, 2.10, 2.11,
and 2.14 of the Ordinance have been completed by the Developer and approved by the Town.
L. On April 2, 2019, the Marana Town Council adopted Resolution No. 2019-027,
designating as a protected facility the gravity portion of the Tangerine/Downtown Conveyance
System (Town of Marana Project No. WR010, referred to in this Agreement as the "T/D Gravity
Sewer") and requiring any land use with a sewer connection served by the T/D Gravity Sewer to
pay a protected facility fee of $519.67 per single-family residence (or equivalent).
M. Pursuant to the Gladden Farms II Development Agreement entered into between the
Town of Marana and the developer of the Gladden Farms II project, recorded at Docket 12758,
Page 2249 (Sequence No. 20060470594), Pima County Recorder's Office, as amended, the
developer of the Gladden Farms II project is required to pay one-half of the estimated cost of the
Town's design and construction of traffic signals at the intersections of Clark Farms Boulevard
and Mike Etter Boulevard and Clark Farms Boulevard and Tangerine Road.
N. The Project contemplated by this Agreement is in compliance with the Town's adopted
and approved General Plan (as defined in A.R.S. § 9-461).
O. The development contemplated by this Agreement is in compliance with the Specific
Plan.
P. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agreement with
a land owner or other person or entity having an interest in real property located within the Town
to facilitate development of the property by providing for, among other things, the conditions,
terms, restrictions, and requirements for development and public infrastructure and the financing
of public infrastructure.
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Town of Marana DA: Crossroads at Gladden -2-
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and
agreements set forth in this Agreement, the Parties hereby agree as follows:
Article 1. Development.
1.1. Development review. The Property shall be developed in a manner consistent with the
Development Regulations and this Agreement, which together establish the basic land uses, and
the densities, intensities and development regulations that apply to the land uses authorized for
the Property. Upon the Developer's compliance with the applicable development review and
approval procedures and substantive requirements of the Development Regulations, the Town
agrees to issue such permits or approvals for the Project as may be requested by the Developer.
1.2. Phasing of development. The individual blocks that make up the Property may be
conveyed and developed in any order, subject to compliance with the requirements of this
Agreement.
1.2.1. If an individual block of the Property is conveyed and will not be further
subdivided, the Developer shall be required to post substitute forms of assurance for all
improvements shown on the Final Block Plat and improvement plans for the Final Block Plat
for that individual block in the form of a cash account, performance bond, or letter of credit
to allow the block to be released from the third party trust (Trust No. 60,528) and to assure
completion of the subdivision infrastructure required to serve only that individual block,
unless the Town has previously released the assurances for the individual block. Upon the
posting of appropriate substitute subdivision assurances for the individual block, the master
subdivision assurances posted for the Final Block Plat shall automatically terminate with
respect to particular subdivision infrastructure that serves only that individual block. Nothing
in this paragraph precludes Developer and the owner of the individual block from separately
agreeing that the owner of the individual block will post the substitute forms of assurance on
behalf of the Developer.
1.2.2. If an individual block of the Property is conveyed and will be further subdivided,
the developer of that individual block will need to provide the Town with appropriate
substitute subdivision assurances for the completion of subdivision infrastructure required to
serve only that individual block, unless the Town has previously released the assurances for
the individual block. Upon the posting of appropriate substitute subdivision assurances for
the individual block, the master subdivision assurances posted for the Final Block Plat shall
automatically terminate with respect to particular subdivision infrastructure that serves only
that individual block.
1.3. Zoning and plat conditions. The Developer agrees to fulfill all conditions outlined in
the Development Regulations.
1.4. Determination of no hazard to air navigation. Those portions of the Property located
within 20,000 feet (3.8 miles) of Marana Regional Airport shall submit an FAA-7460 form to the
Federal Aviation Administration and receive a "Determination of No Hazard to Air Navigation"
from the Federal Aviation Administration before any construction or alteration of improvements
with an intended height greater than an imaginary surface extending outward and upward at a
100 to 1 slope for a horizontal distance of 20,000 feet from the nearest point of the nearest
runway of the Airport.
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Town of Marana DA: Crossroads at Gladden -3-
1.5. Cultural resources. Development of the Property shall meet all Town requirements set
forth in Chapter 17-12 of the Marana Development Code related to Protection of Cultural
Resources.
1.6. Site built construction and building permits. All construction on any portion of the
Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and
shall require building permits.
1.7. Compliance with residential and commercial design standards. All residential and
commercial construction on any portion of the Property shall be constructed in accordance with
the then current residential and commercial design standards as adopted by the Town of Marana
as of the Effective Date, and the design guidelines set forth in the Specific Plan.
1.8. Effect of sale of a portion of the Property. The Developer anticipates that it will sell
portions of the Property to third parties after this Agreement is executed, and in any event before
the obligations of the Developer under this Agreement are satisfied. Upon that event, for
purposes of the performance of the Developer's obligations under this Agreement, the term
"Developer" shall jointly and severally include each and every owner of any portion of the
Property, subject to paragraphs 10.10 and 10.11 below.
1.9. Town review and approval of plans. Except as expressly provided in this Agreement,
the development and construction of all public improvements for the Property are subject to the
Town's normal plan submittal, review and approval procedures and construction inspection
requirements.
Article 2. Transportation Improvements.
2.1. Road right-of-way dedications. The Developer dedicated to the Town rights -of -way for
Clark Farms Boulevard and Crossroads Trail via the Final Block Plat. The previous owner of the
Property dedicated rights -of -way to the Town for Tangerine Road.
2.2. Transportation improvements. The Developer shall fund the design and construction of
the Developer -Constructed Transportation Improvements listed in Exhibit "C" and shall dedicate
to the Town without cost all right-of-way necessary for the Developer -Constructed
Transportation Improvements. Developer will have no obligation to dedicate any right-of-way
for the Tangerine TI Improvements. The Developer shall also fund the design and constructon of
Clark Farms Boulevard from Tangerine Road to Mike Etter Boulevard as a four lane divided
road compliant with Town standard 120-1, as required by section 2.6.b of Ordinance No.
2021.018.
2.3. Timing of construction of Developer -Constructed Transportation Improvements. Town
will not require construction of any of the Developer -Constructed Transportation Improvements
described in Exhibit C prior to issuance of certificates of occupancy for up to 25,000 square feet
of cumulative structure(s) on Blocks 1 through 5, inclusive, 7, and 8 of the Property. Town will
require substantial completion of construction of the Developer -Constructed Transportation
Improvements described in Exhibit C, Section I (Initial TI Improvements) and Sections II.1
(Crossroads Trail), II.3 (Tangerine Road and Crossroads Trail), and II.4 (Traffic Signals) prior to
issuance of certificates of occupancy in excess of 25,000 square feet of cumulative structure(s)
on Blocks 1 through 5, inclusive, 7, and 8 of the Property. Town will require substantial
completion of construction of all of the Developer -Constructed Transportation Improvements
described in Exhibit C prior to issuance of any certificate of occupancy on Block 6. The Town's
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Town of Marana DA: Crossroads at Gladden -4-
right to withhold certificates of occupancy is a contract right granted by this Agreement, and is
granted notwithstanding any right of the Developer or its successors in interest to receive
certificates of occupancy pursuant to the Marana building codes.
2.4. Developer contribution to Tangerine TI Improvements. In addition to construction of the
Developer -Constructed Transportation Improvements, the Developer shall contribute $2,600,000
to the design and construction of the Tangerine TI Improvements as those improvements are
described in Exhibit "D" attached (the "In Lieu Contribution"). Within 60 days after the
Effective Date, the Developer shall pay to the Town $600,000 in cash and deliver a performance
bond or bonds in the amount of $2,000,000 in the customary form required by the Town. The
Developer will replace the performance bond with cash in the amount of $2,000,000 within ten
business days after the Developer's receipt of written notice from the Town that it has approved
a Guaranteed Maximum Price (GMP) for roadway construction costs from the Town's
Construction Manager At Risk for the reconstruction of Tangerine Road east of Interstate 10,
which includes the Tangerine Road TI Improvements as described in Exhibit D. Town will
deposit the In Lieu Contribution in either a separate account within the Town's General Fund or
a separate book or ledger entry designation for the purpose of constructing the Tangerine TI
Improvements. Developer's payment of the In Lieu Contribution is Developer's sole obligation
with respect to the Tangerine TI Improvements, as those improvements are defined in Exhibit D.
Developer will not have any other obligations to make any financial, in -kind, or other
contributions for the Tangerine TI Improvements and the Town will pursue the design and
construction of the Tangerine TI Improvements and the collection of any required additional
funds and land dedications without further contribution from Developer. Developer will have no
obligation to dedicate any right-of-way or other land for the Tangerine TI Improvements.
2.5. Other traffic studies and revised transportation improvements
2.5.1. The Developer or any successor owner of all or any portion of the Property may be
required to provide additional traffic studies during the platting and development plan
process for the Project as determined by the Town. The Developer or any successor owner of
all or any portion of the Property shall pay for and/or provide additional transportation
improvements and dedications the Town or ADOT reasonably requires based on the findings
of those studies, except as otherwise provided in this paragraph 2.5. The Town Engineer is
authorized to waive, in writing, any transportation improvement required by this Article if a
traffic study approved by the Town indicates that the Project may be safely served without
the waived transportation improvement.
2.5.2. The Developer will not be required to pay for and/or provide additional
transportation improvements and dedications in connection with, or as part of, the Tangerine
TI Improvements, as those improvements are defined in Exhibit D. Nothing in this
subparagraph 2.5.2 precludes the Developer from being required to pay for or provide future
additional transportation improvements related to the Tangerine Road and I-10 traffic
interchange if Developer proposes different uses for the Property that (a) have materially
different traffic impacts and (b) that the Town reasonably requires based on the findings of
future additional traffic studies.
2.5.3. Notwithstanding Section 2.7 of Ordinance No. 2021.018, the Developer shall not
be required to provide a second master traffic impact analysis (TIA) identifying any
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Town of Marana DA: Crossroads at Gladden -5-
additional traffic improvements that must be in place prior to the issuance of any Certificate
of Occupancy for any portion of the Project.
2.6. Other Arizona Department of Transportation Requirements. ADOT controls and issues
permits for all roadway construction, modification, and access affecting Interstate 10 and the
Interstate 10 frontage roads. To the extent ADOT access or improvement requirements are
inconsistent with the required Transportation Improvements, representatives of the Parties shall
meet in good faith to modify this Agreement to address ADOT infrastructure improvement
requirements.
Article 3. Sewer Infrastructure Requirements.
3.1. Offsite sewer. Each connection to the T/D Gravity Sewer shall be responsible for
payment of the protected facility charge existing as of the time of building permit for its
fair -share portion of the Town's cost to construct the T/D Gravity Sewer, payable upon
application for a building permit for construction to be connected to the T/D Gravity Sewer. As
of the date of this Agreement (and subject to amendment by the Marana Town Council), the
protected facility fee is $519.67 per equivalent demand unit (EDU).
3.2. Onsite sewers. The Developer shall construct onsite sewers pursuant to standard Town
agreements to construct new facilities and standard Town subdivision infrastructure assurance
agreements, with any amendments mutually agreed upon between the Town and the Developer.
Article 4. Water Infrastructure Requirements.
4.1. Onsite potable water distribution system. The Developer shall construct onsite potable
water distribution infrastructure pursuant to standard Town agreements to construct new
facilities and standard Town subdivision infrastructure assurance agreements, with any
amendments mutually agreed upon between the Town and the Developer.
4.2. Transfer of grandfathered water rights. After the termination of farming activities and
before development of one or more individual blocks of the Property, the Owner and/or the
developer of any individual block shall assign to the Town every portion of its Irrigation or Type
1 Non -irrigation Grandfathered Groundwater Rights or Type II Non -irrigation Groundwater
Rights as those are defined by law as may be appurtenant to the property, and to execute and
deliver all forms necessary to effect the transfer of these water rights to the Town concurrently
with the assignment.
4.3. Non -potable system. The Developer shall develop and construct a secondary non -
potable irrigation system, dedicated to the Cortaro-Marana Irrigation District (CMID) in
accordance with its requirements, to distribute non -potable water to common areas and other
landscaped areas owned or to be owned by a property owners' association serving the individual
block of the Final Block Plat or by the owner of the individual block.
Article 5. Other Public Facilities and Infrastructure Requirements.
5.1. Undergrounding of CMID channel. The Developer shall underground the Cortaro-
Marana Irrigation District (CMID) irrigation channel within or adjacent to the Property and
within perimeter easements or the nearest half of a street or right-of-way in accordance with a
plan and schedule approved by the Town engineer, CMID, and the Developer, as required by
Marana Town Code Sections 17-5-3(B)(17) and 17-6-4 , in effect as of the Effective Date. If the
Property is developed in phases, the irrigation channel adjacent to the portion of the Property
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Town of Marana DA: Crossroads at Gladden -6-
then being developed will be undergrounded in accordance with a plan and schedule approved by
the parties and the CMID.
5.2. Bank protection. In compliance with Town Ordinance No. 99.02, the Developer shall
pay $500 per acre of affected Property, resulting in a total required payment of $136,150, for the
Lower Santa Cruz Levee construction with respect to the entire Property. The Developer shall
pay this obligation at the time of issuance of any grading permit for the Property on a pro-rata
basis for the property subject to the grading permit.
5.3. Onsite private recreational facilities. Residential areas within the Project shall comply
with the recreational area requirements of Marana Town Code Section 17-5-3, in effect as of the
Effective Date.
5.4. School improvement contribution. A $1,200 per residential unit contribution (the
"School Improvement Contribution") shall be due and payable at the time building permits are
issued for each residential permit within the Property.
5.5. Compliance with state and federal laws and regulations. No approval, permit or
authorization of the Town authorizes the Developer to violate any applicable federal or state laws
or regulations, or relieves the Developer from the responsibility to ensure compliance with all
applicable federal and state laws and regulations, including but not limited to the Endangered
Species Act and Clean Water Act.
Article 6. Development Impact Fees and Credits
6.1. Development impact fees. Nothing in this Agreement shall be construed as a waiver or
reduction of development impact fees properly adopted by the Town pursuant to A.R.S.
§ 9-463.05 and applicable to the Property. All development within the Property shall be
responsible to pay all applicable development impact fees existing as of the time of building
permit application. As of the date of this Agreement (and subject to amendment by the Marana
Town Council), the following development impact fees apply to development within the
Property:
6.2. Northwest Street Facilities Development Impact Fee. The Town's current Northwest
Street Facilities Development Impact Fee is $3,719 per equivalent demand unit (EDU), per
Marana Ordinance No. 2017.029 (applying the methods and equivalencies set forth in the 2017
street facilities development impact fee report for development other than a single family
residence).
6.3. Parks and Recreation Facilities Development Impact Fee. The Town's current Parks
and Recreation Facilities Development Impact Fee is $2,461 per equivalent demand unit (EDU)
per Marana Ordinance Nos. 2014.012 and 2017.029 (or the development impact fee applicable to
development other than a single family residence, if any).
6.4. Lower Santa Cruz River Levee Fee. The Town's current Lower Santa Cruz River
Levee Fee is $500 per acre, as originally adopted by Marana Ordinance No. 99.02, and as
described in Section 4 of Marana Ordinance no. 2014.012 and in Section 6 of Marana Ordinance
no. 2017.029.
6.5. Water Infrastructure Development Impact Fee. The Town's current Water
Infrastructure Development Impact Fee is $2,331 per equivalent demand unit (EDU) for a 5/8"
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Town of Marana DA: Crossroads at Gladden -7-
water meter, per Marana Ordinance No. 2017.029. Fees for larger water meters are as set forth in
Marana Ordinance No. 2017.029.
6.6. Water Resources Development Impact Fee. The Town's current Water Resources
Development Impact Fee is $3,050 per equivalent demand unit (EDU) for a 5/8" water meter,
per Marana Ordinance No. 2017.029. Fees for larger water meters are as set forth in Marana
Ordinance No. 2017.029.
6.7. Wastewater Facilities Development Impact Fee. The Town's current Wastewater
Facilities Development Impact Fee is $3,930 per equivalent demand unit (EDU) for a 5/8" water
meter, per Marana Ordinance No. 2017.029. Fees for larger water meters are as set forth in
Marana Ordinance No. 2017.029.
6.8. Northwest Streets Development Impact Fee Reimbursements. The Developer is
entitled to current impact fee credits towards the Northwest Streets Development Impact Fee in
the amount of $3,069,679 based on the contributions and dedications listed in paragraphs 6.8.1.1
through 6.8.1.3 below (the "Current Impact Fee Credits"). Additionally, the Developer is entitled
to receive credit towards the Northwest Streets Development Impact Fee for any additional
improvements the Developer contributes to, pays for, constructs, or provides dedications for that
are included in the Town's streets facilities infrastructure improvements plan (IIP) (the "Future
Impact Fee Credits"). Collectively, the Current Impact Fee Credits and Future Impact Fee
Credits are referred to as the "Impact Fee Credits." The Impact Fee Credits shall be in the form
of a quarterly reimbursement to the Developer. The Town shall collect the full Northwest Streets
Development Impact Fees from development within the Property as they become due, and will
deposit the funds in either a separate account within the Town's General Fund or a separate book
or ledger entry designation for the purpose of making reimbursement payments to the Developer
(the "Reimbursement Account"). The Town shall pay to the Developer within the first 45 days of
each calendar quarter all funds in the Reimbursement Account, beginning the first calendar
quarter after the Town has funds in the Reimbursement Account. The reimbursement amount
will be applied on a "first dollar" basis and not prorata on a per acre basis, e.g., if the Impact Fee
Credits at the beginning of a calendar quarter are $3,069,679 and the Town issues building
permits requiring development impact fees of $500,000 in such calendar quarter, the Town will
collect the $500,000 development impact fees from the applying party(ies). Within the first 45
days of the following calendar quarter the Town will pay the $500,000 to Developer and the
Impact Fee Credit balance will be reduced to $2,569,679.
6.8.1. The Current Impact Fee Credits consist of the following:
6.8.1.1. Tangerine Road/fka Tangerine Farms Road. The Tangerine Farms
Improvement District assessment for the original property in the amount of $2,475,679.
6.8.1.2. Clark Farms Boulevard. The right of way dedication for Clark Farms
Boulevard consisting of 5.37 acres at $30,000.00 per acre, totaling $161,100.00.
6.8.1.3. Tangerine (Farms) Road. The right-of-way dedication for Tangerine (Farms)
Road, consisting of 14.43 acres at $30,000 per acre, totaling $432,900.00.
6.8.2. Tangerine TI Improvements. The Town intends to include the Tangerine TI
Improvements in its 2022 streets IIP, which has yet to be approved by the Marana Town Council.
If the Tangerine TI Improvements are included in the approved IIP, development within the
Property will be subject to the revised Northwest Streets Development Impact Fees.
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Town of Marana DA: Crossroads at Gladden -8-
Additionally, the Developer will receive Future Impact Fee Credits for its contribution to the
Tangerine TI Improvements, as described in paragraph 2.4 above.
Article 7. Cooperation and Alternative Dispute Resolution.
7.1. Appointment of representatives. To further the commitment of the Parties to cooperate
in the progress of the Development, the Town and the Developer each shall designate and
appoint a representative to act as a liaison between the Town and its various departments and the
Developer. The initial representative for the Town (the "Town Representative") shall be the
Development Services Director, and the initial representative for the Developer shall be Dean
Wingert or a replacement to be selected by the Developer. The representatives shall be available
at all reasonable times to discuss and review the performance of the Parties to this Agreement
and the development of the Property.
7.2. Timing. The Town acknowledges the necessity for prompt review by the Town of all
plans and other materials (the "Submitted Materials") submitted by the Developer to the Town
hereunder or pursuant to any zoning procedure, permit procedure, or other governmental
procedure pertaining to the development of the Property and agrees to use its best efforts to
accomplish such prompt review of the Submitted Materials whenever possible.
7.3. Default; remedies. If either Party defaults (the "Defaulting Party") with respect to any
of that Party's obligations under this Agreement, the other Party (the "Non -Defaulting Party")
shall be entitled to give written notice in the manner prescribed in Article 9 below to the
Defaulting Party, which notice shall state the nature of the default claimed and make demand that
such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of
the notice within which to correct the default if it can reasonably be corrected by the payment of
money, or (ii) thirty days from the date of the notice to cure the default if action other than the
payment of money is reasonably required, or if the non -monetary default cannot reasonably be
cured within sixty days, then such longer period as may be reasonably required, provided and so
long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to
completion. If any default is not cured within the applicable time period set forth in this
paragraph, then the Non -Defaulting Party shall be entitled to begin the mediation and arbitration
proceedings set forth in paragraphs 7.4 and 7.5 below. The Parties agree that due to the size,
nature and scope of the Development, and due to the fact that it may not be practical or possible
to restore the Property to its condition prior to Developer's development and improvement work,
once implementation of this Agreement has begun, money damages and remedies at law will
likely be inadequate and that specific performance will likely be appropriate for the enforcement
of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action
that either party may have at law or in equity. If Developer conveys a portion of the Project to
any third party, a default by Developer will not be a default by any such third party and a default
by any third party will not be a default by Developer or any other third party. To the extent that
the Town has the right to terminate this Agreement upon the default by Developer, any such
termination will only apply to the Developer or third party that is in default and Town may not
terminate this Agreement as to the Developer or any third party that is not in default under this
Agreement.
7.4. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve
between themselves, the Parties agree that there shall be a forty-five day moratorium on
arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding
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Town of Marana DA: Crossroads at Gladden -9-
mediation before commencement of arbitration. The mediation shall be held under the
commercial mediation rules of the American Arbitration Association. The matter in dispute shall
be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot
agree upon the selection of a mediator within seven days, then within three days thereafter the
Town and the Developer shall request the presiding judge of the Superior Court in and for the
County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected
shall have at least five years' experience in mediating or arbitrating disputes relating to real
estate development. The cost of any such mediation shall be divided equally between the Town
and the Developer. The results of the mediation shall be nonbinding on the Parties, and any Party
shall be free to initiate arbitration after the moratorium.
7.5. Arbitration. After mediation (paragraph 7.4 above) any dispute, controversy, claim or
cause of action arising out of or relating to this Agreement shall be settled by submission of the
matter by both Parties to binding arbitration in accordance with the rules of the American
Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and
judgment upon the award rendered by the arbitrator(s) may be entered in a court having
jurisdiction. To the extent permitted by applicable law, any notice of claim requirement shall be
tolled during any moratorium or mediation and arbitration proceedings.
Article 8. Protected Development Rights
To ensure reasonable certainty, stability and fairness to the Developer and the Town for a
reasonable period of time, the Developer and the Town agree that the zoning designations, uses,
densities, and intensities of use, that now apply to the Property, as amended by this Agreement,
shall remain in effect and shall not be changed for a period of five years after the execution of
this Agreement without the agreement of the Developer. Town agrees that Developer's (or its
predecessor's) dedications, construction and installation of public improvements, and payments
give Owner a common law vested right to develop the Project in accordance with this Agreement
and the Development Regulations.
Article 9. Notices and Filings.
All notices, filings, consents, approvals and other communications provided for in or given
in connection with this Agreement shall be validly given, filed, made, transmitted or served if in
writing and delivered personally or sent by registered or certified United States mail, postage
prepaid, if to (or to such other addresses as any Party may from time to time designate in writing
and deliver in a like manner):
To the Town:
Town of Marana
Town Manager
11555 W. Civic Center Drive Bldg. A-3
Marana, Arizona 85653-7006
To the Developer:
Tangerine 2021, LLC
333 E. Wetmore Road, Suite 250
Tucson, AZ 85705
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Town of Marana DA: Crossroads at Gladden -10-
Article 10. General Terms and Conditions.
10.1. Term. After its execution by the Parties, this Agreement shall become effective upon the
date this Agreement is recorded in the official records of Pima County, Arizona (the "Effective
Date"). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated
by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all
purposes on the twentieth anniversary of the Effective Date, except that any then pending Payments
shall be paid by Town to Developer. If the Parties determine that a longer period is necessary for
any reason, the term of this Agreement may be extended by written agreement of the Parties. The
Developer shall be entitled to terminate this Agreement if the Town materially impairs the
development entitlements on the Property granted by this Agreement.
10.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right
or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this
Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any
other covenant or condition of this Agreement.
10.3. Attorney's fees. If any Party brings a lawsuit against any other Party to enforce any of the
terms, covenants or conditions of this Agreement, or by reason of any breach or default of this
Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by
the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the
word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 7.5 requiring
disputes to be resolved by binding arbitration.
10.4. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterparts may be removed from such
counterparts and such signature pages all attached to a single instrument so that the signatures of all
Parties may be physically attached to a single document.
10.5. Headings. The descriptive headings of this Agreement are intended to be used to assist in
interpreting the meaning and construction of the provisions of this Agreement.
10.6. Recitals. The Recitals set forth at the beginning of this Agreement are hereby
acknowledged and confirmed to be accurate.
10.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been
incorporated in this Agreement by reference with the same force and effect as if fully set forth in the
body of this Agreement.
10.8. Further acts. Each of the Parties shall execute and deliver all documents and perform all
acts as reasonably necessary, from time to time, to carry out the matter contemplated by this
Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith
and process promptly any requests and applications for plat or permit approvals or revisions, and
other necessary approvals relating to the development of the Property by the Developer and its
successors.
10.9. Time essence. Time is of the essence for purposes of this Agreement.
10.10. Successors. All of the provisions of this Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the Parties except as provided in paragraph 10.11 below.
Unless and until the Town consents to an assignment of rights and obligations under this Agreement,
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -11-
the Town may enforce the Developer's obligations under this Agreement against the Developer and
its successor in interest and assigns. If Developer (or any successor in interest or assign) assigns all
of its rights and obligations under this Agreement and the Town approves the assignment, the
liability of the assigning party under this Agreement shall terminate effective upon the assumption of
those liabilities by the assignee. The Town may not unreasonably withhold, delay or condition its
approval of assignment under this paragraph.
10.11. Termination upon sale to end purchaser or user. This Agreement shall terminate without
the execution or recordation of any further document or instrument as to any lot or block which has
been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one
year) or conveyed to an end purchaser or user and thereupon such end purchaser or user and lot or
block shall be released from and no longer be subject to or burdened by the provisions of this
Agreement. The Town and the Developer will execute such documents and instruments as the end
purchaser or user or a title company requires in order to effectuate the intent of this paragraph.
10.12. No partnership and third parties. It is not intended by this Agreement to, and nothing
contained in this Agreement shall, create any partnership, joint venture or other arrangement
between the Developer and the Town. No term or provision of this Agreement is intended to, or
shall be for the benefit of any person, firm, organization or corporation not a party to this
Agreement, and no such other person, firm, organization or corporation shall have any right or cause
of action under this Agreement.
10.13. Other instruments. Each Party shall, promptly upon the request of the other, have
acknowledged and delivered to the other any and all further instruments and assurances reasonably
request or appropriate to evidence or give effect to the provisions of this Agreement.
10.14. Imposition of duty by law. This Agreement does not relieve any Party of any obligation
or responsibility imposed upon it by law.
10.15. Entire agreement. This Agreement constitutes the entire agreement between the Parties
pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements,
representation and understanding of the Parties, oral or written, are hereby superseded and merged in
this Agreement.
10.16. Amendments to agreement. No change or addition shall be made to this Agreement
except by a written amendment executed by the Parties. The Parties agree to cooperate and in good
faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the
goals expressed in the Final Plat and Specific Plan as amended by this Agreement. Within ten days
after any amendment to this Agreement, it shall be recorded in the office of the Pima County
Recorder by and at the expense of the Party requesting the amendment.
10.17. Names and plans. The Developer shall be the sole owner of all names, titles, plans,
drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any
time developed, formulated or prepared by or at the instance of the Developer in connection with the
Property or any plans; provided, however, that in connection with any conveyance of portions of the
infrastructure as provided in this Agreement such rights pertaining to the portions of the
infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the
appropriate governmental authority.
10.18. Good standing; authority. The Developer represents and warrants to the Town that it is
duly formed and validly existing under the laws of Arizona and is authorized to do business in the
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -12-
state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal
corporation with authority to enter into this Agreement under applicable state laws. Each Party
represents and warrants that the individual executing this Agreement on its behalf is authorized and
empowered to bind the Party on whose behalf each such individual is signing.
10.19. Severability. If any provision of this Agreement is declared void or unenforceable, it shall
be severed from the remainder of this Agreement, which shall otherwise remain in full force and
effect. If a law or court order prohibits or excuses the Town from undertaking any contractual
commitment to perform any act under this Agreement, this Agreement shall remain in full force and
effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion,
and if the Town fails to act, the Developer shall be entitled to terminate this Agreement.
10.20. Governing law. This Agreement is entered into in Arizona and shall be construed and
interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall
take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding
sentence shall constitute a waiver of paragraph 7.5, requiring disputes to be resolved by binding
arbitration.
10.21. Interpretation. This Agreement has been negotiated by the Town and the Developer, and
no party shall be deemed to have drafted this Agreement for purposes of construing any portion of
this Agreement for or against any party.
10.22. Recordation. The Town shall record this Agreement in its entirety in the office of the
Pima County Recorder no later than ten days after it has been executed by the Town and the
Developer.
10.23. No developer representations. Nothing contained in this Agreement shall be deemed to
obligate the Town or the Developer to complete any part or all of the development of the Property.
10.24. Approval. If any Party is required pursuant to this Agreement to give its prior written
approval, consent or permission, such approval, consent or permission shall not be unreasonably
withheld or delayed.
10.25. Force majeure. If any Party shall be unable to observe or perform any covenant or
condition of this Agreement by reason of "force majeure," then the failure to observe or perform
such covenant or condition shall not constitute a default under this Agreement so long as such Party
shall use its best effort to remedy with all reasonable dispatch the event or condition causing such
inability and such event or condition can be cured within a reasonable amount of time. "Force
majeure," as used in this paragraph, means any condition or event not reasonably within the control
of such party, including without limitation, "acts of God," strikes, lock -outs, or other disturbances of
employer/employee relations; acts of public enemies; orders or restraints of any kind of government
of the United States or any state thereof or any of their departments, agencies, or officials, or of any
civil or military authority; insurrection; civil disturbances; riots; epidemics; pandemics, landslides;
lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of
government and of people; explosions; supply chain disruptions; shortages of labor or materials; and
partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of
employer/employee relations or to settle legal or administrative proceedings by acceding to the
demands of the opposing Party or Parties, in either case when such course is in the judgment of and
unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition.
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -13-
10.26. Conflict of interest. This Agreement is subject to A.R.S. § 38-511, which provides for
cancellation of contracts in certain instances involving conflicts of interest.
10.27. Prop 207 Waivers. By signing this Agreement, the Developer waives any and all rights to
make a claim for diminution in value under the Private Property Rights Protection Act, A.R.S. § 12-
1131 et seq., resulting from this Agreement, or resulting from remedies resulting from enforcing the
terms of this Agreement.
10.28. Estoppel Certificate. Town will, upon reasonable request by Developer, provide an
estoppel certificate to Developer, or any prospective lender, investor, or purchaser, certifying that (i)
this Agreement is in full force and effect, (ii) no default, or act or omission that with the giving of
notice and/or passage of time could become a default, by Developer exists hereunder (or, if
appropriate, specifying the nature and duration of any existing default), and (iii) such other
certifications as Developer, or any prospective lender, investor, or purchaser may reasonably request
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -14-
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
TowN:
THE TOWN OF MARANA,
an Arizona municipal corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Cherry L. Lawso , Clerk
APPROVED AS TO FORM:
airall, Town Attorney
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -15-
DEVELOPER:
TANGERINE 2021, LLC,
a Delaware limited liability c•mpany
B
Name:
Title.
FIDELITY NATIONAL TITLE AGENCY INC.,
an Arizona corporation, solely in its capacity
as trustee under Trust No. 60,528 and not
in its corporate capaci = as trustee under T
By: �Ct-6-
Name: Rachel Turnipseed
Title: Trust Officer
STATE OF ARIZONA )
) ss
County of lea CLVI CDpi )
The foregoing instrument was acknowledged before me on Arr21 1 14 , 2022, by
nean U)M1 4' , the At* hunZrd jna-bn' of TANGERINE 2021, LLC, a Delaware limited
liability com any, on behalf thereof.
Kelly Penuela
Notary Public
Maricopa County, Arizona
My Comm. Expires 12-15-25
Commission No. 617494
STATE OF ARIZONA
) ss
County of Pima
((& rTuolp
Notary Public
The foregoing instrument was acknowledged before me on April 18
Rachel Turnipseed, the Trust Officer of FIDELITY NATIONAL
INC., an Arizona corporation, solely in its capacity as trustee under Trust No.
its corporate capacity as trustee under Trust No. 60,528, on beh ereof.
Notary Public
(Seal)
, 2022, by
TITLE AGENCY
60,528 and not in
00078850.DOC /1 I Town of Marana DA: Crossroads at Gladden
-16-
Exhibit A
Property Map
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -1-
Exhibit B
Property Legal Description
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -1-
Exhibit B
Property Legal Description
Blocks 1 through 8, inclusive, as identified on the FINAL BLOCK PLAT FOR CROSSROADS
AT GLADDEN BLOCKS 1 — 8, recorded in the Official Records of Pima County, Arizona, at
Sequence No. 20213440123.
Exhibit C
Developer -Constructed Transportation Improvements
I - Initial TI Improvements:
Tangerine and Interstate 10 Traffic Interchange. The Developer shall construct improvements to
the Tangerine and Interstate 10 Traffic Interchange (the "Tangerine TI") described as follows:
1. Tangerine Road/I-10 Westbound Frontage Road and Off Ramp. The Developer
shall construct a westbound left -turn lane within the ADOT right of way of the westbound
off ramp, with as much storage as ADOT will allow, construction of which may include
relocation of signal poles, utility poles, and roadway appurtenances, and addition of new
signal poles and heads, so as to produce a fully functional traffic signal, with the following
configuration for the westbound off ramp: one exclusive left -turn lane, one shared
through/left-turn lane and one exclusive right -turn lane.
2. Tangerine Road between the I-10 EB Ramps and the I-10 WB Frontage
Road/Ramp. The Developer shall restripe the existing pavement for Tangerine Road to
provide two westbound through lanes, one westbound left -turn lane that extends the full
distance between signals, one eastbound left -turn lane that extends the full distance between
signals, and one eastbound through lane, for a total of five lanes. The restriping shall include
transitions on approach to and departing from the restriping area to meet engineering
standards. The restriping shall be accomplished according to industry standards, and will
include complete obliteration of existing pavement markings, sealing of obliteration scars
according to ADOT requirements, which may include a curb -to -curb surface seal, and
remarking of pavement lines according to ADOT materials specifications.
3. Tangerine Road/I-10 Eastbound Ramps Intersection. The Developer shall
construct restriping and modifications to the median on the west leg of the intersection to
provide additional storage for the eastbound left turn at the WB I-10 Frontage Road, to align
with striping modifications between signalized intersections. Median modifications shall
include removal of at least 150 feet of median, and include appropriate entrance tapers,
signing and striping.
II — Crossroads Direct Improvements:
1. Crossroads Trail. The Developer shall reconstruct Crossroads Trail to a three -lane
major collector road to the Town's standard detail 110-3. All truck turning movements must
be accommodated by the roadway cross section.
2. Block 6 Improvements. The Developer shall construct three access driveways on
Tangerine Road south of Block 6 of the Final Block Plat and a traffic signal as follows:
• Block 6 West Driveway. The Developer shall construct this driveway at
the existing median break east of the Tangerine Road and Clark Farms
Boulevard intersection with stop control for the northbound and
southbound approaches. The lane configuration for this intersection, shall
be:
o Southbound: a total of three lanes, serving inbound and outbound
traffic.
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -1-
o Eastbound: One left -turn lane, two through lanes, and one
right -turn lane (all of which already exist).
o Westbound: One left -turn lane, two through lanes, one right -turn
lane (all of which already exist).
• Block 6 Main Driveway. The Developer shall construct this intersection at
the existing median break west of the Tangerine Road and Crossroads
Trail intersection. The lane configuration for this intersection shall be:
o Southbound: One left -turn lane and one shared-through/right turn
lane.
o Eastbound: One left -turn lane, two through lanes, and one
right -turn lane (all of which already exist).
o Westbound: One left -turn lane, two through lanes, and one
right -turn lane (reconstruct the existing westbound right -turn lane
to provide a minimum of 150 feet of storage).
• Block 6 East Driveway. The Developer shall construct this intersection
west of the Tangerine Road and Crossroads Trail intersection with a right-
in/right-out driveway. The lane configuration for this intersection shall be:
o Southbound: One right -turn lane.
o Eastbound: Two through lanes (all of which already exist).
o Westbound: Two through lanes (which already exist), and one
right -turn lane (150 feet minimum storage).
• Block 6 Traffic Signal. The Developer shall design and construct a traffic
signal at the intersection of Tangerine Road and Block 6 Main Driveway.
3. Tangerine Road and Crossroads Trail. The Developer shall replace the painted
median northwest of the intersection of Tangerine Road and Crossroads Trail with a raised
median built in accordance with the standard detail for an arterial road cross-section.
Additionally, the Developer shall reconstruct the intersection with the following lane
configuration:
• Southbound: Two left -turn lanes (minimum 200 feet of storage each lane),
and one right -turn lane.
• Eastbound: One left -turn lane and two through lanes (all of which already
exist).
• Westbound: Two through lanes and one right -turn lane (which already
exist), and one left turn lane (U-turn opportunity).
4. Traffic Signals
• The Developer shall design and construct a traffic signal at the intersection
of Tangerine Road and Crossroads Trail.
• The developer of the Gladden Farms II project is required to pay for one
half of the design and construction costs for traffic signals at the
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -2-
intersections of Clark Farms Boulevard and Mike Etter Boulevard and at
Clark Farms Boulevard and Tangerine Road. The Developer shall be
responsible for the costs to design and construct the remaining one half of
the traffic signals, except that if the developer of the Gladden Farms II
project fails to satisfy its obligation regarding the traffic signals, the
Developer shall design and construct the traffic signals at these two
intersections, and shall be responsible for the full costs of the design and
construction.
00078850.DOC /11
Town of Marana DA: Crossroads at Gladden -3-
Exhibit D — Tangerine TI Improvements
Tangerine and Interstate 10 Traffic Interchange. The Town shall construct improvements
to the Tangerine and Interstate 10 Traffic Interchange (the "Tangerine TI"), frontage roads,
ramps, and adjacent roadways in conjunction with Town's reconstruction of Tangerine Road
east of Interstate 10, described as follows:
1. Tangerine Road/I-10 TI Abutment Lanes. Construction shall include the addition of one
new westbound lane and one new eastbound lane constructed behind existing abutments
for the I-10 Mainline overpass. The Abutment Lanes will accommodate the new lane
assignments described below.
a. Construction of Abutment Lanes shall include restriping under the Mainline I-10
for a five -lane cross-section, and shall include two westbound lanes (one of which
is an Abutment Lane), two westbound left -turn lanes that extends the distance
between traffic signals, one eastbound left turn that extends the full distance
between traffic signals, and two eastbound lanes (one of which is an Abutment
Lane).
2. Tangerine Road/I-10 Eastbound Ramps Traffic Signal. Construction shall include
relocation of the signalized intersection of Tangerine Road and the I-10 eastbound ramps
to a point approximately equal to the location of the decommissioned frontage road.
3. Tangerine Road/I-10 Eastbound Ramps. Construction shall include the following lane
configurations:
a. Eastbound I-10 offramp: one left -turn lane, one left/through lane, and one right -
turn lane
b. Eastbound I-10 onramp: two onramp lanes tapering to a single onramp lane onto
I-10, designed to current ADOT standards
c. Eastbound Tangerine Road: two through lanes and two right -turn lanes, each
with a minimum of 350 feet of storage, both of which replace the existing right -
turn lane that has approximately 370 feet of storage.
d. Westbound Tangerine Road: two left turn lanes and two through lanes.
00078850.DOC /11 Town of Marana DA: Crossroads at Gladden -4-
MARANA
ESTABLISHED 1 9 7 7
Council -Regular Meeting A2
Meeting Date: 04/01/2025
To: Mayor and Council
From: Jane Fairall, Town Attorney
Date: April 1, 2025
Strategic Plan Focus Area:
Thriving Commerce
Strategic Plan Focus Area Additional Info:
GOAL: PROVIDE A SUPPORTIVE ENVIRONMENT FOR INDUSTRY LEADERS,
STARTUPS, SMALL BUSINESSES, AND ENTREPRENEURS THROUGH EVERY
STAGE OF BUSINESS DEVELOPMENT.
STRATEGY: Evaluate and implement economic development tools and strategies to
support the retention and expansion of Marana key employers and attract new
compatible sectors.
Subject: Resolution No. 2025-029: Relating to Economic Development; amending the
Marana Job Creation Incentive Program (MJCIP) to increase the qualifications
for a business to be considered a "Targeted Employer" for purposes of the
MJCIP and to remove certain economic incentives from the program (Jane
Fairall and Curt Woody)
Discussion:
The Mayor and Council originally adopted the Marana Job Creation Incentive Program
(MJCIP) on May 4, 2010, by the adoption of Resolution No. 2010-044. The Mayor and
Council have amended, expanded, and extended the MJCIP from time to time, most
recently by the adoption of Resolution No. 2024-109 on December 3, 2024. The purpose
of the MJCIP is to make the Town of Marana more competitive in the attraction,
retention, and expansion of job -creating businesses and industries, defined in the
program as "Targeted Employers."
The MJCIP currently defines a "Targeted Employer" as a non -retail business or industry
(with minimal, specific exceptions) that:
• Relocates or expands into buildings and other improvements for which at least
Marana Town Council Regular Meeting Agenda Packet Page 91 of 101
April 1, 2025
$24,000 in Marana construction sales tax has been generated since January 1, 2013
(the "Minimum Construction Requirement"); and
• Since January 1, 2013, has created at least ten new jobs in Marana with wages that
equal or exceed $40,000.
The Town has not adjusted upward those economic qualifications for a business to be
considered a "Targeted Employer" under the MJCIP since the program's inception in
2010, despite increases in construction costs and salaries over the ensuing years. The
proposed revisions to the MJCIP would increase the Minimum Construction
Requirement from $24,000 to $120,000, and increase the salary requirement for new
jobs created by a Targeted Employer from $40,000 to $60,000.
Additionally, in Schires v. Carlat, 250 Ariz. 371, 480 P.3d 639 (2021), the Arizona
Supreme Court imposed limitations on incentives that municipalities can provide to
developers, requiring that a municipality receive sufficient benefits relative to the
incentives the municipality provides to a developer. The Court will only look to direct
benefits provided by a developer to a municipality when measuring the relative
consideration. The proposed MJCIP provisions remove certain economic incentives
previously included in the program, such as reimbursement of certain employee
relocation expenses, job training, and sustainable development costs, as those items do
not provide enough of a "direct benefit" to the Town under the Arizona Supreme Court
decision to allow the Town to provide reimbursement for them.
Financial Impact:
The proposed changes to the MJCIP are not expected to have a material financial
impact upon the Town.
Staff Recommendation:
Staff recommends approval of the revisions to the MJCIP.
Suggested Motion:
I move to adopt Resolution No. 2025-029, amending the Marana Job Creation Incentive
Program (MJCIP) to increase the qualifications for a business to be considered a
"Targeted Employer" for purposes of the MJCIP and to remove certain economic
incentives from the program.
Attachments
Resolution No. 2025-029
Exhibit A to Resolution: MJCIP Revisions
Marana Town Council Regular Meeting Agenda Packet Page 92 of 101
April 1, 2025
MARANA RESOLUTION NO. 2025-029
RELATING TO ECONOMIC DEVELOPMENT; AMENDING THE MARANA JOB
CREATION INCENTIVE PROGRAM (MJCIP) TO INCREASE THE QUALIFICATIONS
FOR A BUSINESS TO BE CONSIDERED A "TARGETED EMPLOYER" FOR PURPOSES
OF THE MJCIP AND TO REMOVE CERTAIN ECONOMIC INCENTIVES FROM THE
PROGRAM
WHEREAS A.R.S. § 9-500.11 authorizes the Town to make expenditures in
support of economic development; and
WHEREAS the Mayor and Council originally adopted the Marana Job Creation
Incentive Program (MJCIP) on May 4, 2010 by the adoption of Resolution No. 2010-044;
and
WHEREAS the Mayor and Council have amended, expanded, and extended the
MJCIP from time to time, most recently by the adoption of Resolution No. 2024-109 on
December 3, 2024; and
WHEREAS the purpose of the MJCIP is to make the Town of Marana more
competitive in the attraction, retention, and expansion of job -creating businesses and
industries; and
WHEREAS the Town has not adjusted upward the economic qualifications for a
business to be considered a "Targeted Employer" under the MJCIP since the program's
inception in 2010, despite increases in construction costs and salaries over the ensuing
years; and
WHEREAS the Town recognizes recent limitations the Arizona Supreme Court
has imposed on incentives that can be provided to developers in Schires v. Carlat, 250 Ariz.
371, 480 P.3d 639 (2021), which requires that a municipality receive sufficient benefits
relative to the incentives the municipality provides to a developer, but the Court will only
look to direct benefits when measuring the relative consideration; and
WHEREAS the Mayor and Council find that amending the Marana Job Creation
Incentive Program as provided in this resolution is in the best interests of the Town and
its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Marana Job Creation Incentive Program is hereby amended as set
forth in Exhibit A attached to this resolution and incorporated herein by this reference in
Marana Resolution No. 2025-029
1
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 93 of 101
this resolution, with deletions shown with strikeouts and additions shown with double
underlining.
SECTION 2. The Towri 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 MJCIP.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1st day of April 2025.
Mayor Jon Post
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
Marana Resolution No. 2025-029
2
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 94 of 101
Exhibit A to Marana Resolution No. 2025-029
MARANA AZ
Title: Marana Job Creation Incentive Program (MJCIP)
Effective Date: January 1, 2013
Type of Action: Approved by Marana Resolution No. 2012-087
Revision History: Marana Resolution Nos. 2017-029, 2021-052, 2022-055, 2024-109
Purpose
The purpose of the Marana Job Creation Incentive Program (MJCIP) is to make the Town
of Marana more competitive in the attraction, retention, and expansion of job -creating
businesses and industries.
Definitions
1. Targeted Employer: A non -retail business or industry, except for those retail
businesses or industries described in paragraph c, below, that meets all of the
following qualifications:
a. Relocates or expands into buildings and other improvements for which at
least $24,000 $120,000 in Marana construction sales tax has been generated
since January 1, 2013. The qualification set forth in this paragraph is referred
to in the MJCIP as the "Minimum Construction Requirement." The Targeted
Employer is responsible to track and provide supporting documentation for
Marana construction sales tax actually paid in connection with the
construction of Targeted Employer's facility. Any contractor who does other
taxable construction work in the town limits of Marana while working on
Targeted Employer's facility must provide Marana with a separate
accounting of Marana construction sales tax paid in connection with the
construction of Targeted Employer's facility.
b. Since January 1, 2013, has created at least ten new jobs in Marana with wages
that equal or exceed $40,000 $60,000.
c. Notwithstanding the general exclusion of retail businesses and industries,
automobile and recreational vehicle dealerships may qualify as Targeted
Employers if they meet all of the qualifications outlined in paragraphs a and
b, above. In addition, other retail businesses and industries similar to those
enumerated in this paragraph c may qualify as Targeted Employers for
purposes of this resolution, if approved by the Town Manager and if the
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MARANA JOB CREATION INCENTIVE PROGRAM (MJCIP)
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 95 of 101
Exhibit A to Marana Resolution No. 2025-029
Town Attorney determines that including them is within the Towri s legal
authority.
d. Notwithstanding the provisions of paragraphs a and b above, data centers,
as defined in the Marana Town Code, are excluded from the definition of
Targeted Employer for purposes of the MJCIP.
2. Marana construction sales tax: Marana transaction privilege taxes (currently 4%)
generated pursuant to Section 8-415 and 8-416 of the Marana Tax Code from
construction contracting and speculative builder activities.
Economic Incentives
The Town Manager is authorized to implement the economic incentives set forth below at
a cost, for each Targeted Employer, not to exceed the Marana construction sales tax
revenues received by the Town for the construction of that Targeted Employer's facility.
A. Employee Relocation Expcnsc Allowance. An allowance of $3,000 to cover
moving, transportation, title, recording, and other costs a cociatcd with
relocating an eligible employee, through an employer a:isted housing
program, to an employee purchased residence within the town limits of
Marana. Only one $3,000 allowance shall be permitted for each employee
purchased residence. To be eligible, an employee shall have moved from
outside of thc Marana town limits into an employee purchased residence within
thc town limits of Marana and must be an employee of thc Targeted Employer
who works in Marana.
A B. Interstate 10 Corridor/Main Arterial Roadway Beautification Reimbursement.
Actual costs for beautification of Targeted Employer's facilities and adjacent
public right-of-way adjacent to Targeted Employer's facilities and located in the
town limits of Marana along the Interstate 10 corridor or along main arterial
roadways (as defined in the Town of Marana General Plan), including
installation of landscaping and attractive s gnanc er-fcw a„a W
Employer facilities and improvement of existing Targeted Employer facility
facades to more closely conform to the adopted Marana commercial design
standard:,.
B E. Student Internship and Training Opportunities Costs. Actual costs of
internship and training programs that educate high school and college students
who are Marana residents in the Targeted Employer's primary field of business
or industry.
D. Job Training. Actual costs of training programs for new or existing employees,
including but not limited to thc cost of course design and development,
instruction costs for job specific training, training materials and supplies, and
training facility rental.
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MARANA JOB CREATION INCENTIVE PROGRAM (MJCIP)
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 96 of 101
Exhibit A to Marana Resolution No. 2025-029
E. Sustainable Development. Actual costs as ,ociated with solar and/ or wind
energy improvements, low environmental impact development, and other
green industry best practices.
C E. Public Infrastructure Costs. Actual costs of constructing public infrastructure
needed to serve the Targeted Employer's facilities, including without limitation
the cost of any Town of Marana-adopted development impact fees paid by or
on behalf of the Targeted Employer toward public infrastructure.
D G. Other Similar Incentives. Actual costs of any other economic incentive similar
to those enumerated in this resolution that the Town Manager approves and the
Town Attorney determines is within the Towri s legal authority.
For each Targeted Employer, the economic incentives authorized by this Marana Job
Creation Incentive Program are available for a period of three years, beginning on the date
the Town issues a certificate of occupancy for the Minimum Construction Requirement,
and ending on the third anniversary of that date.
While the MJCIP is in effect and during the three-year period described above, the use of
those Marana construction sales tax revenues addressed by the MJCIP shall control over
any other conflicting or different use of Marana construction sales tax revenues as directed
in previously -adopted Marana resolutions.
Responsibilities
The Town Manager is authorized to administer and interpret the Marana Job Creation
Incentive Program, and the various Town officers and employees are authorized and
directed to perform all acts necessary or desirable to give effect to the MJCIP.
MJCIP Term
Pursuant to Marana Resolution No. 2022-055, the Marana Job Creation Incentive Program
sunsets on April 4, 2032.
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Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 97 of 101
MARANA
ESTABLISHED 1 9 7 7
Council -Regular Meeting
Meeting Date: 04/01/2025
To: Mayor and Council
Submitted For: Fausto Burruel, Public Works Director
From: Dan Grossman, CIP Process Analyst
Date: April 1, 2025
Strategic Plan Focus Area:
Proactive Public Services
D1
Strategic Plan Focus Area Additional Info:
GOAL: PRIORITIZE INFRASTRUCTURE AND MAINTENANCE THAT SUPPORT
NEW GROWTH AND DEVELOPMENT IN A PROACTIVE AND SUSTAINABLE
MANNER.STRATEGY: Continue annual updates to the 5-year Capital Improvement
Plan to ensure public infrastructure is provided and maintained in a proactive manner.
Subject:
Relating to Public Works; presentation, discussion, and possible
direction regarding the draft Town of Marana Five -Year Capital
Improvement Program for Fiscal Years 2026 through 2030 (Fausto
Burruel, Heidi Lasham, Jim Conroy)
Discussion:
Providing infrastructure is a primary function of a local government.
Maintaining public safety, adequate transportation systems, parks and
recreation facilities, adequate water and wastewater systems, Town services, and the
community's quality of life are all heavily dependent on how the Town handles
infrastructure issues. As part of the programming of the Town budget, the Town
Council adopts a five-year Capital Improvement Program (CIP). The CIP is a
comprehensive, five-year plan of capital projects that will support the continued
growth and development of the Town. The CIP establishes the Capital Budget, which is
the capital outlay portion of the annual budget. The CIP is used in implementing the
General Plan and supporting the Town's adopted Strategic Plan by developing a
prioritized schedule of short-range and long-range community capital needs,
evaluating projects, and analyzing the community's ability and willingness to pay for
Marana Town Council Regular Meeting Agenda Packet Page 98 of 101
April 1, 2025
them in the most cost-effective way. The Town uses the CIP as its method in
determining future infrastructure requirements and planning the financing of facilities
to maintain service levels provided to Town citizens. The CIP covers a five-year
planning horizon (Fiscal Years 2026-2030) and identifies infrastructure and facility
projects that the Town will undertake during this timeframe as well as the funding
sources available for projected expenditures. Town staff solicits input from various
departments for capital improvement projects. Finance reviews fund balances for each
fund, current fiscal year-end estimates, and upcoming fiscal year budget and provides
five-year revenue projections. Staff reviews and revises the Town's five-year CIP on an
annual basis. Projects for the upcoming fiscal year will be programmed as a part of the
budget adoption. Town staff will present the program for Council input. Direction
given will be used to finalize next year's capital budget.
Financial Impact:
Most of the programmed capital projects are aligned with revenue sources dedicated
for their particular area such as transportation fund, impact fees, federal and state
funds, and water capital fund. There are some projects that will make requests of the
general fund. The final program will be brought before Council as a part of the FY2026
budget adoption.
Staff Recommendation:
Staff recommends that Council provide feedback and direction on the draft 5-year
Program.
Suggested Motion:
No motion is necessary; staff seeks Council feedback and direction.
No file(s) attached.
Attachments
Marana Town Council Regular Meeting Agenda Packet Page 99 of 101
April 1, 2025
46,,
MARANA AZ
ESTABLISHED 1 9 7 7
Council -Regular Meeting D3
Meeting Date: 04/01/2025
To: Mayor and Council
Submitted For: Terry Rozema, Town Manager
From: Jane Fairall, Town Attorney
Date: April 1, 2025
Strategic Plan Focus Area:
Proactive Public Services
Strategic Plan Focus Area Additional Info:
GOAL: FOSTER A WORKPLACE CULTURE THAT ATTRACTS, RETAINS, AND
MOTIVATES A TALENTED WORKFORCE.
STRATEGY: Invest in professional development, training, and engagement
opportunities for employees.
STRATEGY: Continue to instill a culture of excellence through initiatives and actions
that value performance and behavior.
Subject: Relating to Municipal Court; authorizing and directing staff to
negotiate an employment agreement for future Council consideration
between the Town and Libby Shelton, to fill the impending vacancy in
the Marana Town Magistrate position (Terry Rozema)
Discussion:
The Town has established the Marana Municipal Court pursuant to A.R.S. § 22-402,
and has established the position of Marana Town Magistrate pursuant to A.R.S.
§ 22-403. Marana Town Code Chapter 5-2 provides that the Town Council shall
appoint a Town Magistrate as the presiding officer of the municipal court and that the
Town Magistrate shall be appointed for a minimum period of two years.
The position of Marana Town Magistrate is currently held by Laine McDonald, who
Marana Town Council Regular Meeting Agenda Packet
April 1, 2025
Page 100 of 101
has served in that position since 2015. In March, it was announced that Arizona
Governor Katie Hobbs had selected Judge McDonald to serve as a judge on the Pima
County Superior Court bench. Judge McDonald's last day with the Town will be April
15, 2025.
Libby Shelton is currently the Town's Deputy Town Attorney. She has been an attorney
practicing in the Pima County region for over 20 years, since 2004. Ms. Shelton has
served as Deputy Town Attorney since 2020, and served as the Town's Senior Assistant
Town Attorney/Town Prosecutor from 2015-2020. Prior to coming to the Town in 2015,
Ms. Shelton spent time working as a prosecutor at both the City of Tucson Prosecutor's
Office and the Pima County Attorney's Office. She also worked for two years in private
practice, doing primarily domestic relations work. Ms. Shelton has indicated a desire
and willingness to serve as the Marana Town Magistrate if she is selected by the Town
Council for the position.
If the Council so directs, staff will negotiate an employment agreement with Ms.
Shelton for the position of Town Magistrate, setting forth the term of the appointment,
the compensation, and any other pertinent conditions of the employment. The
agreement will be brought back to Council at a future Council meeting, most likely on
April 15, 2025, for Council consideration and approval.
An executive session is also scheduled on tonight's agenda to discuss the possible
appointment and the terms of an employment agreement, if needed. The Council may
also interview Ms. Shelton in the executive session or in open session if desired.
Staff Recommendation:
Staff recommends that the Council authorize and direct staff to negotiate an agreement
with Libby Shelton to fill the Town Magistrate vacancy.
Suggested Motion:
I move to authorize and direct staff to negotiate and bring back to Council an
employment agreement between the Town and Libby Shelton to fill the impending
vacancy in the Marana Town Magistrate position.
No file(s) attached.
Attachments
Marana Town Council Regular Meeting Agenda Packet Page 101 of 101
April 1, 2025