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HomeMy WebLinkAboutCouncil Agenda Packet 08/17/2004TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 17, 2004 - 7:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kal Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or pinces. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must flil out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. 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. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason ofany disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Branson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Posted no later than August 13, 2004 by 7:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. II. III. IV. V. VI. VII. VIII. IX. TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 17, 2004 - 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLLCALL APPROVAL OFAGENDA ACCEPTANCE OF MINUTES Minutes of the August 3, 2004 Council Meeting CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS ~ UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker cord (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. 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, may ask staffto review the matter, or may ask that the matter be placed on a future agenda. STAFF REPORTS GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. Resolution No. 2004-122: Relating to subdivisions; approving and accepting for maintenance portions of Arizona Pavilions Drive east of Corturo Road and west of Buriingame into the Town of Marona Street Maintenance System (DeGroed) Resolution No. 2004-123: Relating to subdivisions; approving the release of Assurance Agreements for Continental Ranch Business Park, Trust No. 4741, for Lots 1-8 and Acceptance of Public Improvements for Maintenance (DeGrood) 3. Resolution No. 2004-124: Relating to subdivisions~ approving the release of Assurance Agreements for The Villages HI at Dove Mountain, Trust No. 60,002, for 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 17, 2004 - 7:00 p.m. Lots 235-373, Common Area A (Drainage) and Acceptance of Public Improvements for Maintenance (DeGrood) 4. Resolution No. 2004-126: Relating to subdivisions; approving a Final Plat for The Preserve H at Dove Mountain 0Cevin Kish) Resolution No. 2004-127: Relating to water service; approving and authorizing the execution of the Intergovernmental Agreement between the Town of Marana and the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona (Brad DeSpaln) Resolution No. 2004-128: Relating to water service; approving and authorizing the execution of the Agreement between the Town of Marana and U S Home Corporation for Construction of Water Facilities Under Private Contract for Continental Reserve Block 15 (Brad DeSpaln) Resolution No. 2004-129: Relating to the Marana Regional Airport; authorizing and appointing the Airport Director as the official representative of the Town of Marana to file aH paperwork and execute all Federal and State Aviation Grants (Charlie Mangum) Resolution No. 2004-130: Relating to the Marana Regional Airport; accepting Grant Agreement E5S09 between the ADOT-Aeronantles Division and the Town of Marana to update the Airport Master Plan (Charlie Mangum) Resolution No. 2004-131: Relating to the Marana Regional Airport; accepting Grant Agreement E5S10 between the ADOT=Aeronautics Division and the Town of Marana to expand the transit tiedown apron (CharHe Mangum) 10. Resolution No. 2004-133: Relating to Northwest Fire District; endorsing and authorizing annexation of any and ali territory located within the Town limits of Marana, Arizona, as they may be amended from time to time; and declaring an emergency (Frank Cassidy) B. COUNCIL ACTION 1. Resolution No. 2004-118: Relating to real estate; approving and authorizing the execution of a communications site lease agreement with Nextel Communications for the non-exclusive use of the Marana Municipal Complex communication tower (Frank Cassidy) 2. Resolution No. 2004-125: Relating to real estate; authorizing the acquisition by negotiation or condemnation of right*of-way for the extension of Marana Main Street north of Grler Road; and declaring an emergency (Frank Cassidy) 3 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 17, 2004 - 7:00 p.m. Resolution No. 2004-134: Relating to land development; approving and authorizing the Mayor to execute a development agreement with Monterey Homes Construction, Inc., and Stewart Title and Trust, Trust 3240, relating to a l~4-ocre development located within the Rancho Marana Specific Plan area; and declaring an emergency (Frank Cassidy) Executive Session pursuant to A.R.S. Section 38-431 (A)(4) to consider the Town's position and instruct the Town Attorney regarding the condenmation case Town of Mama v. Continental Ranch Community .4ssociation, Pima County Superior Court Case No. C2003~689 (Frank Cassidy) Authorization to settle the condemnation case, Town of Marana v. Continental Ranch Community Association, Pima County Superior Court No. C20035689 (Frank Cassidy) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 II. III. PLACE AND DATE Marana Town Hall, August 3, 2004 CALL TO ORDER By Vice Mayor Kai at 7:00p.m. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kal INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Excused Present Present Present Present Present Present STAFF Mike Reuwsaat Jaret Barr Frank Cassidy Jocelyn Bronson Jim DeGrood Kevin Kish Town Manager Present Assistant Town Manager Present Town Attorney Present Town Clerk Present Executive Asst. to the Town Manager Present Interim Planning Director Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Council Member Blake, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the June 29, 2004 Study Session minutes were approved unanimously and the July 20, 2004 Town Council minutes were approved 5/0 with one abstention. Council Member Comerford was absent from the July 20th meeting and abstained from the vote. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Ed Stolmaker, Chamber of Commerce Executive Director, made a short presentation to the Council regarding Chamber accomplishments during 2003- 2004. A copy of the annual report, 2003-2004 Year in Review, has been made a permanent part of this record. He said that membership had increased, that tourism signs along 1-10 had been re-installed which had subsequently doubled the number of visitors to the Chamber office. He noted that the Chamber Board of Directors' annual retreat had been held on July 30~ at the Lazy K Bar Ranch and that two goals had been set. He said that one goal was to increase the Chamber's financial resources and the other was to increase the value of the Chamber membership to the businesses. Mr. Stolmaker stated that both of the goals were attainable for 2004-2005. He thanked the Council for their support and commented that the organization was moving in the right direction. He reminded the Council of an upcoming joint ribbon cutting ceremony with the Northern Pima County Chamber of Commerce and the Marana Chamber of Commerce. He said it was scheduled for August 5~h and would be celebrating the openings of Canyon Community Bank and Marana Carpet. Vice Mayor Kai thanked Mr. Stolmaker for his work toward promoting the Town of Marana. The Vice Mayor said that it was greatly appreciated. Nick Janicki, representing the Falun Dafa practitioners throughout Arizona, spoke before the Council about the traditional self-cultivation practice geared toward improving one's mind and body. He referenced a July 6~h proclamation issued by Mayor Sutton which recognized the week of July 19~h as Falun Dafa Week and presented the Vice Mayor with a plaque entitled" Thank You for Your Support" commemorating the First Marana Falun Dafa Week. He explained that Falun Dafa, a self-improvement practice rooted in ancient Chinese culture, was designed to help people improve their physical condition, cleanse their mind, uplift their moral standards, and rid themselves of bad habits. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2004-106: Relating to Development; approving and authorizing the execution of a second amendment to the Saguaro Ranch pre-annexation and development agreement (Frank Cassidy) Resolution No. 2004-109: Relating to Homeland Security; Approving an Intergovernmental Agreement between the Town of Marana and Pima County for the disbursement of funds under the U.S. Depa, taient of Homeland Security 2003 State Homeland Security Grant Program administered by the Pima County Health Department for the benefit of the Town of Marana Police Depa~hi~ent (Richard Vidaurri) 3. Resolution No. 2004-110: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block 1 (Kevin Kish) 4. Resolution No. 2004-111: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block 2 (Kevin Kish) 5. Resolution No. 2004-112: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block 3 (Kevin Kish) 6. Resolution No. 2004-113: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block 4 (Kevin Kish) 7. Resolution No. 2004-115: Relating to Public Works; approving the abandonment of a portion of El Camino de Manafia road between Tangerine Road and Thornydale Road; and declaring an emergency (Harvey Gill) Resolution No. 2004-121: Relating to Street Naming; authorizing the renaming of "Gallery Canon Drive" (Private Street) within The Gallery Parcel 3, The Golf Villas at Solana and The Gallery Parcel 4B at Dove Mountain Subdivisions to "Paseo Vista Solana (Private Street) (Harvey Gill) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was tmanimously approved. B. COUNCIL ACTION Presentation: Reconstruction of the Eastbound on-ramp at Cortaro Road and 1-10 (Harvey Gill) Mr. DeGrood spoke before the Council regarding this item. He said that ADOT was in the bidding process for an 1-10 widening project that would add another lane between the Cortaro Road interchange and the Tangerine Road interchange. He provided several aerial view maps depicting the existing conditions at the Cortaro Road and 1-10 eastbound on-ramp as well as a map showing the proposed widening and the proposed enhanced striping and marking. Mr. DeGrood spoke in depth about the roadway improvements and said that Town staff would be meeting with the contractor to try to get the proposed work accelerated so it would not be ongoing at the same time that the Silverbell Road work was ongoing. Council Member Comerford asked if there was a possibility for the widening of Cortaro Road under the 1-10 bridge. Mr. DeGrood replied that this was a very expensive proposition and that ADOT had been working with the Town for programming that project 5 to 6 years in the future. He said that once the receiving lanes on Cortaro Farms Road were built then it would be particularly noticeable that a widening under 1-10 would be beneficial. He said that the eastside interchange signal was being reconfigured and programmed for a split-phase that provided more traffic capacity. Vice Mayor Kai asked if the Town was participating financially in the project. Mr. DeGrood said that Marana was contributing approximately $200,000 to the project. He noted that the Town had a history of financial contributions to ADOT roadway improvements beginning with work performed at Arizona Pavilions and including the double lane off-ramp at Cortaro Road where the Town did the dirt work and ADOT did the paving. Council Member Escobedo asked about the timeframe, particularly the starting and completion dates. Mr. DeGrood replied that the entire project from Tangerine Road to Cortaro Road was an 18-month project which was broken into five phases. He pointed out that the Cortaro Road eastbound on-ramp project was scheduled for Phase 2 but that Town staff was seeking to accelerate it into Phase 1. Council Member Escobedo asked about work he noticed being done on 1-10 at the Avra Valley overpass and at the Tangerine overpass. Mr. DeGrood responded by saying that there had been several instances when oversized vehicles struck the overpass and that large portions of the concrete had been damaged. He said that these areas were being repaired and structurally reinforced. Council Member Honea asked if the Tangerine/I-10 interchange was included in the expansion project. Mr. DeGrood said that he believed that ADOT planned to widen 1-10 up to Tangerine Road where there would be a lane coming off of Tangerine and a lane going onto Tangerine. Council Member Honea said that he was interested in the engineering for the Tangerine Loop as there would be a need for major modification to the clover-leaf interchange. He asked if the State's work would be compatible with what the Town had planned. Mr. DeGrood answered that he believed it would be compatible. Mr. Reuwsaat asked when work on the additional lanes at the bridges would begin. Mr. DeGrood said that a lot of work would be taking place but that he did not know exact dates at this time. He said that he would report back to the Council as soon as he received more information and that the Town would be represented at the pre-construction meetings. There was no more discussion regarding this item. Resolution No. 2004-103: Relating to intergovernmental relations; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County and the Pima County Library District for the Continental Ranch Library (Frank Cassidy) Mr. Cassidy presented this item to the Council. He said that the agreement stated that the Town would be involved with the design phase of the library but that, after that point, the County would run the project as a County project. Council Member Comerford remarked on the 15 to 30 month starting timeframe contained with the agreement. Mr. Cassidy responded by saying that the time&ames were taken directly out of the text of the County's bond ordinance. Mr. Reuwsaat commented that there would be an alternate bid on an additional 10,000 sq. ft. of shelf space if it could be afforded. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2004-103 was unanimously approved. PUBLIC HEARING. Resolution No. 2004-114: Relating to Subdivisions; Approving a Preliminary Plat for Continental Reserve Block 17 (Kevin Kish) Vice Mayor Kai opened and closed the public hearing. No speakers came forward. Mr. Kish presented this item before the Council and gave a brief overview of the proposed project. He said that it was a 123-Iot single-family subdivision on 34.23 acres and that it was located west of Wade Road and north of Pima Reserve Drive. He noted that staff recommended approval of the preliminary plat. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2004-114 was unanimously approved. 6 Resolution No. 2004-116: Relating to Elections; approving an Intergovernmental Agreement between the Town of Marana and Pima County Division of Elections for the provision of election services for the period July 1, 2004 through June 30, 2005. Ms. Bronson spoke before the Council regarding this item. She said that the IGA was a standard agreement and only contained updates from previous Pima County IGAs dealing with election services. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2004-116 was unanimously approved. Resolution No. 2004-119: Relating to Personnel; approving and authorizing the execution of changes to the loan provisions of the ICMA- RC 401(a) Defined Contribution plan and the 457 Deferred Compensation savings plan. Ms. Howell presented this item before the Council. She explained that there were two retirement options for the Town employees, one being a defined contribution plan and the other being a deferred compensation savings plan. She said that loans were currently available to employees from the defined contribution plan 401(a) and that this resolution proposed to have that option removed from the retirement monies to loan availability only from the voluntary 457 deferred compensation savings plan. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2004-119 was unanimously approved. C. MAYOR AND COUNCIL'S REPORT Council Member Honea reported that Council Member McGorray and he had visited the Picture Rocks area to tour the new Marana Health Center's facility in that neighborhood. He said that it was very nice and quite spacious at 4,200 sq. ft. with 11 offices. He urged everyone to stop by the facility at Rudasill and Sanders Roads just west of Sandario Road. D. MANAGERS' REPORT Mr. Reuwsaat reported that Michael Racy's wife, Michael Lang, was in labor and that their first child was well on its way. He announced that Mr. Racy had also recently taken l0th place in the world standings in Aerobatics. 7 XI. He continued by reporting that the City of Benson's Mayor, George Scott, and Town Manager, Boyd Kraemer, had recently contacted him regarding how the Town of Marana had dealt with its rapid growth. Mr. Reuwsaat commented that he had accepted an invitation to attend a series of study sessions dealing with such topics as transportation sales taxes and impact fees. He said that he would take along staff from the development team to offer suggestions from Marana's own growing experiences. He continued his report by announcing that Council Member Blake would continue representing the Town at the League of Arizona Cities and Towns monthly meetings and would serve on the Resolutions Committee. He reminded everyone that there was a community meeting scheduled for Thursday, August 5th, to hear neighborhood discussion regarding the proposed mural for the Honea Heights water tank. He said that the meeting was to be held at St. Christopher's Catholic Church. He went on to say that he had received an email message from Pima County Supervisor Sharon Bronson, regarding a proposed consolidated regional economic development mechanism. He predicted that Michael Hein, Assistant County Administrator, would be working on this project as it was his speciality. He said that the details had not been completed and that only a blue ribbon committee had been assembled to study a more consolidated and efficient method to attract industry to this region. FUTURE AGENDA ITEMS There were no items suggested for future agendas. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 7:32 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 3, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk STAFF REPORTS TO COUNC1'L Building Town Clerk Parks & Rec Planning Court Police Finance Public Works Human Resources~/ Water PUBLIC WORKS STAFF REPORT Capital Improvement Projects The following are capital improvement projects in design. Ina Road Roadway Improvements 'I-10 to Silverbell Road This project consists of rOadway improvements including design and reconstruction to widen to four lanes with multiuse lanes, median island, curb, curb and gutter and sidewalk installation, drainage imprOvements, landscaping, signal modifications, artwork and street lighting. Project is 1.1 miles in length. Estimated Construction T/me: To be determined Ina Road Bridge Improvements-Bridf:le over the Santa Cruz River. This prOject consists of constructing a new bridge over the Santa Cruz River south of the existing bridge. Construction will also include rehabilitating the existing Grade Control Structure, extending the soil cementJ concrete floor protection to include the new bridge, reconstructing the soil cement bank protection on the east and west side of the Santa Cruz River. The reconstruction of the bank protection will include provisions for a pedestrian path. Status: 404 Permit application has been sub- mitted. First year of Pygmy Owl Survey has been completed. The Traffic Impact Analysis, Phase I Environmental Site Assessment, Ar- chasology, the amended Bridge Inspection, Bridge Stability Analysis, Grade Control Sta- bility Analysis, Bridge Selection, Location and Geotechnical (for Traffic Signals) reports ara complete and have been accepted; NPPO Plan has been accepted and Draft Access Management Report is on hold at this point in time. Access Management acceptance letters have been received by the consultant from the abutting prOperty owners. The Town had sub- miffed 75% improvement plan comments to the consultant in December of 2003. Revi- sions have been submitted to the Town, and the plans have been shelved. Estimated Construction T/me: To be determined Status: The bridge improvement plans, DCR, Bridge Selection Report, Bridge Stabil- ity Analysis and the amended Bridge Inspec- tion Report have been submitted to ADOT, Phoenix office, for their initial review and comments. The 90% plans have been received and review by Town staff and ADOT is underway. The ACOE permit is expected to be complete by the fourth quar- ter of 2004. August 2004 (Staff Report for the month of July) Capital Improvement 1-4 Projects in Design Capital Improvement Projects Jn Construction Completed Projects Traffic Enginee~ng Division Report Environmental PUBLIC WORKS MISSION AND VALUES "The Marana Public Works Department is committed W providing qualiO, service by consistendy delivering and maintaining reliable, safe public facilities with a productive, respectful and ethical work force." Our operating values are: · Satisfaction · Respectful · Communication · Reliable · Productive · Quality · Ethical · Consistency · Service * Safety · Integrity · Commitment August 2004 Capital Improvement Projects in Design (continued) DCR for the Ina Road Corridor Proiect This project will involve the development of a Design Concept Report to improve Ina Road and the area south of Ina Road between Thomydale Road and Camino Martin extending to Orange Grove Road. Estimated Construction Time: To be determined Status: This project is currently on hold. DCR/Design for Honea Hel~lhts Roadway Improvement,~ This project will involve the development of a Design Concept Report and subsequent construction plans for roadway and drainage improvements for Honea Heights subdivision, located between Sanders and Sandario Roads, between Moore Road and the Santa Cruz River. Estimated Construction Time: To be determined Status: The Statements of Qualifications have been received and a consultant has been selected. The project is currently on hold. Honea HeiGhts Sewer Improvements This project consists of constructing/installing the sanitary sewer mainline and incidentals for the residents of the Honea Heights Subdivision. Estimated Construction Time: First quarter of 2005 Status: Pima County Wastewater Management is in the proc- ess of finalizing the Project Plans and Contract Documents. Santa Cruz River Corridor Trail This project consists of providing a DCR and design for the path alignment, landscaping and irrigation and parking facilities for the linear path located on the levee of the Santa Cruz River from the end of Phase I alignment to Gladden Farms. Estimated Construction Time: To be determined Status: Legal description and exhibits have been completed for land exchange with Pima County and State Land easements. District Park Bank Protection This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Phase I of the project will-be from Cortaro Road to the Yuma Wash. Estimated Con.~tructJon Time: Fourth quarter of 2004 Status: Tetra Tech is the design engineer. Tetra Tech is working on revisions to Phase I of this project. An individual 404 permit application has been submitted to the Army corp of Engineers and is anticipated by the second quarter of 2004. Construction will be- gin after all permits ara obtained, design is complete and Rights- of-Way are obtained. Twin Peaks Interchan e This project consists of environmental clearances, DCR and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroad structure and connection to the roadway system to the east, Phase I1. Estimated Construction Time: Latter part of 2006 Status: The Draft Alternatives Selection Report has been distrib- uted to the vadous agencies, and the document is still under re- view/comment. The Town is expecting comments to be returned by mid August 2004. The completion of this milestone in the development of this Project for the Arizona Department of Trensportation's (ADOT) and Federal Highway Administration's (FHWA) review will constitute a major task completion in the Environmental Assessment (EA) and Design concept Report (DCR) process. The Draft DCR has been submitted to the Town for initial review and comment. Subsequent to the Town's review/comment, the Consultant Team will incorporate the comments into a revised document. The document will then be formally submitted to the various agencies for formal review and comment. The Town is in receipt of the final Drainage Report, and the docu- ment has been transmitted to the various agencies for review/ comment. The Town is in receipt of the Preliminary Bddge Hydraulics Report, and the document has been distributed to the various agencies for review/comment. The Town is in receipt of the Traffic Noise Analysis Report, and the document is currently under review/comment. The consultant Team and the Town are continuing to work on the public hearing which is tentatively scheduled for September/ October of this year. The Consultant is on schedule and DCR and EA are anticipated to be completed by the fourth quarter of 2004. ..... P uc wo s August 2004 Capital Improvement Projects in Design (continued) Thomydale Road Improvements/Orange Grove Road To CDO Wash This project consists of reconstructing Thomydale Road from Orange Grove to the CDO Wash along with the reconstruction/ widening of the approach roads; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Est/mated Construct/on Time: To be determined Status: The 100% improvement plans have been received and review is underway by Town staff. The Phase I Environmental Site Assessment, Cultural Resources, Drainage and Geotechnical (for traffic signals) Reports have been a~cepted. The Traffic Engi- neering and Access Management Report is currently under review. Santa Cruz River Shared Use Path, Phase I and I! This project consists of the design and construction of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the El Rio Park Development. Two pedestrian bridges provide major drainage crossings for the path. Phase I consists of building a shared use path between Cortaro Road and Twin Peaks Road in the over bank and intermediate bank areas of the Santa Cruz River. Phase II consists of a continuation of the shared use path in Phase I from Twin Peaks to El Rio Park. Each phase is partially funded under ADOT's Trans- portation Enhancement Program. Construction will need to be completed such that the ADOT funds are properly tracked; however, design can be completed as a single project. Est/mated Construct/on Time: Third quarter of 2004 Sgverbell Road Improvements Cortaro Road to Ina Road This project consists of reconstructing the roadway to four lanes with curb and gutter, multipurpose lanes and sidewalks, and providing for a continuous center turn lane, sanitary sewer system construction and intersection improvements at Ina/Silverbell, which includes a new traffic signal system. Est/mated Construct/on Time: To be determined Status: Environmental, Biological, DCR, Geotechnical Report, Pavement Design Summary, Archaeological and Drainage reports are complete and have been accepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the fourth quarter of 2004. Third year of Pygmy Owl Survey has been completed. ACOE is still in the process of reviewing the plan as submitted by Old Puebto. The Town is in receipt of the final Sanitary Sewer Basin Study and the study has been accepted by both the Town and PCWWM. The sanitary sewer plans have been reviewed by PCWWM and revisions ara being completed. 75% plans have been received and review is underway by Town staff. A public open house was held on January 15, 2004. The Town is working with ADOT to determine the best schedule to coordinate the 1-10 Wid- ening Project with the Silverbell Project. Town of Marana, Northwest Marana Town Center Deslon and Develooment Three projects are ongoing to master plan and establish the layout, ambience and design standards of the North- west Marana Town Center. Status: The Environmental Determination (ED) has been accepted by ADOT. In late April 2003, the Town selected Castro Engineering for the path design and Structural Grace for design of the pedestrian bridges. The 100% plans have been received. The artistic concepts for the project have been presented and en- doraed by the Mayor and Council, Marana Parks Committee, the Public Works Arts Project Committee, the Continental Ranch and Sunflower Homeowners Associations, an HOA public meeting, the Construction committee and the Building committee. End of con- struction is targeted for the fourth quarter of 2004. Northwest Marana Town Center~ Master Plan Project This project will provide Master Plan Services for further planning and conceptualization to set desigh and devel- opment standards to facilitate the urbanization of the Northwest Marana Town Center. Status: Durrant Group and McGann and Associates continue the master planning of the rest of Ora Mae Ham District Park and the areas south of the park and Munici- pal Complex. The Town will work with land owners and developers for further use of the Town Center land. The Notice to Proceed should be issued in the second quar- ter of 2004 following approval of the scope of work and contract negotiation. Page 3 PUBLIC WORKS August 2004 Capital Improvements in Design (continued) Town of Marana Municipal Comolex (Marana "MuniPlex"} This project consists of the design and construction of a new Town Government Complex and will integrate the Muniplex and surrounding facilities with the Ora Mae Ham Park which will eventually abut a linear greenbelt park that will run from 1-10 to the Santa Cruz River. This linear park will also serve as a relief conduit for excess water from the Tortolita Moun- tain fan run off. Status: During July, 2004, D.L. Withers, the CM, continued miscellaneous steel work on Building A (Administration Build- ing), Extensive Progress of intedor drywall was made in Buildings B and metal studs for drywall set in Building C. Extedor cladding, including stone work and plaster were ex- tensively progressed on Building B and C, the covered colon- nade in front of Building B and C and the link between Build- ing B and Building A. The stone work on the entrance to Building C, the Courts, was completed. Mechanical / Electri- cal Plumbing (MEP) continued and was progressed to sub- stantial completion in Building B, and well progressed in Building C. Mechanical / Electrical Plumbing (MEP) began and progressed on the flint and second floor of Building A. Steel Studs for exterior walls were placed on Building A. The roof was completed on Building B and C. The third floor sus- pended concrete deck was poured in Building A. Landscaping was placed in both parking areas. The concrete seat walls for the high part of the curved walls at either end of Building A was placed this pedod. Bid proposals on the FF&E procurement package were re- ceived and under review in July. A model of the project is located in the Town Halt for viewing. Northwest Marana Town Center, Roads, Infrastructure and Offsite Improvements This project will design and construct the offsite utilities, roads, landscape, and other infrastructure, and establish the layout of the main Town Center corridors~ Status: During February, Conceptual Drawings for the extension of Marana Main' Street north of Gder Road were received from WLB and are under review by Town staff. Excavation and installa- tion of potable and non-potable water on Marana Main Street and Civic Center Drive was substantially completed in Mamh of 2004. Dudng June 2004, installation of joint utility trench was substan- tially complete and curbing and paving will continue through August 2004. Substantial completion is targeted for the fourth quarter of 2004. DCR for Camino de Manana/Dove Mountain Extension This project will involve the development of a Design Concept Report for the possible realignment of Camino de Manana from its intersection with Linda Vista Boulevard to an alignment with Dove Mountain Boulevard at Tangerine Road. Estimated Construction Time: To be determined Status: The Town has selected a consultant and a scoping meet- ing has been completed. The project is currently on hold. Moore Road Improvements This project will involve the development of a Praliminary Design Report and subsequent final construction documents. The project consists of improvements to the driving surface and drainage crossings from Camino de Oeste to Thomydale Road. Estimated Construction Time: To be determined Status: The Notice to Proceed was given to the design consult- ant on October 23, 2003. The 90% construction package is expected in August 2004. DCR/Desif:ln of Barnett Linear Park and Flood Control Project This project will involve the development of a Design Concept Report for the Barnett Linear Park and Flood Control Project. The project consists of utilizing the existing Barnett Roadway align- ment for a major outlet channel/linear park from 1-10 to the Santa Cruz River. Estimated Construction Time: To be determined ,Status: The Town has selected a consultant and a scoping meet- ing has been held. The Notice to Proceed has been issued, com- pletion of the DCR is expected in the first quarter of 2005. PUBLIC WORKS Page 4 August 2004 Capital Improvement Projects In Construction The following are capital improvement projects in construction. LInda Vista Boulevard This project consists of chip sealing approximately 3/4 mile of roadway from Camino de Manana east to approximately Hartman Lane. Status: The construction contract has been completed by Pima Paving, and accepted by the Town. Taneerine Road - Breakers to Thornydale Road Improvements This project consists of drainage improvements and repaving of portions of Tangerine Road. The Town has decided to pursue a maintenance odented program for the road and Tetra Tech generated construction plans. Status: Southern Arizona Paving began construction in November 2003. Construction was substantially completed in April 2004. Construction to widen the roadway section east and west of Breakers began in July and is expected to be completed by mid August. Tanaerine Roadrrhornvdale Road Intersection Improvements This project consists of roadway widening, intersection modifications an,d signalization, and drainage improvements. Status: Southern Arizona Paving has been awarded the construction contract. Construction began in April 2004. The design engineer, Tetra Tech, will perform construction administration and the construction is anticipated to con- tinue through October 2004. PaEe 5 PUBLIC WORKS August 2004 Completed Projects New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed Mamh 2002 Cortaro Road Improvements, SIIverbell Road to 1-10: Completed February 2003 Wade Road: Completed February 2003 Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail: Completed April 2003 Costco Street Lighting: Completed May 2003 Sandra Road Bus Turnaround: Completed June 2003 Emigh Road Driveway at Marana High School: completed June 2003 Cortaro Road Realignment: Completed July 2003 2003 Pavement Preservation: Completed July 2003 Coachllne Boulevard Sidewalks: Completed October 2003 El Rio Park: Completed January 2004 Twin Peaks and Scenic Drive Intersection Improvements: Completed May 2004 I Cortaro Road Improvements Coyote Trails Elementary Park Continental Ranch ] Neighborhood Park Page 6 PUBLIC WORKS August2004 Traffic Engineering Division Report Cortaro Farms Road-Camino de Oests Traffic Signal Operations Study The Cortaro Farms Rcad-Camino de Oeste intersection, which is signalized, falls within an area recenfiy annexed by the Town. Therefore, at the behest of the Traffic Engineering Division, a traffic signal operations study was performed by Kim]ey-Horn and Associates. The purpose of the study was to determine how to best improve the safety and efficiency of the signal operations at this location. Our staff is working closely with the Operations and Maintenance Department's staff to implement the signing and timings recommended by Kimley-Horn. Cortaro Road Traffic Signal Coordination Study In order to improve the traffic flow on Cortaro Road between Silverbell Road and 1-10, a study has been conducted to de- termine how the progression of traffic between those two points can be enhanced. Kimley-Horn and Associates, in con- junction with ADOT, have reviewed the need to modify the signal phasing and timings at the Cortare Road/I-10 Frontage Roads Intersections. They will also be looking at the need to improve the coordination between the signals at Silverbell Road, Arizona Pavillions Drive, and at the 1-10 intersections. Now that the study has been completed, the installation of the new signal timings will be coordinated with ADOT. It is ex- pected that the new signal timings will result in a smoother and safer traffic flow along this heavily traveled section of Cortaro Road. Traffic Signal at SIIverbell Road-Wade Road Intersection A traffic signal study conducted at the Silverbeli Road-Wade Road intersection found that the installation of a traffic signal is warranted at that location. It is expected that the signal will be designed during this fiscal year and will be constructed next fiscal year. The signalization should make this a much safer intersection for motorists exiting Wade Road, pedestri- ans crossing Silverbell Road as well as emergency vehicles entering the intersection from the Northwest Fire/Rescue Dis- trict's station on Wade Road. Our staff is currently reviewing the 100% signal plans. Grant Proposal for Accident Database The Traffic Engineering Division has prepared a grant pro- posal to the Governor's Office of Highway Safety to request funding for the development of a traffic accident computer database. The purpose of the accident database is to provide a tool with whiah our staff will be able to retrieve the accident information needed to effectively conduct traffic engineering studies. At this time our staff has to spend much time review- ing large numbers of individual accident reports in order to perform their studies. With the database, we will be able to quickly retrieve accident data according to date, time-of-day, location, type of accident, weather, severity of accident and other pertinent information that will greatly enhance our ability to analyze accident causes and recommend corrective meas- ures. The sooner we can complete our studies, the sooner that traffic safety improvements can be implemented. Safe Routes to School Prooram The Traffic Division has initiated a Safe Routes to School Program. The program's goal is to develop educational, engi- neering and enforcement tools with which to help provide safe trips for elementary and middle school students on their way to and from school. The program will develop a docu- mented process so that those immediately involved with the program (traffic engineering staff, police, school administra- tion staff, teachers and parents) all understand the proce- dures and their respective roles in the process. Twin Peaks Elementary School has been chosen as a piJot school for the program. Regularly scheduled meetings of the Safe Routes to School Committee ara being held to develop a safe routes plan and an educational campaign for the school, The Com- mittee included the school's principal, the school's Police Resource Officer, the Marana Unified School District Director of Operations and Monica Moxley of our staff. Traffic Sional at Tanoorine Road- Dove Mountain Boulevard Intersection The Town is working together with a Dove Mountain developer to have a traffic signal installed at the Tangerine Road-Dove Mountain Boulevard intersection. At this time, the developer's signal designer is working on the 75% plans. It is expected that the signal design will be completed within the next 60 days and that the traffic signal will be installed some- time during the Fiscal Year 2004-2005. Page 7 PUBLIC WORKS August 2004 Environmental Plannintl Projects Tres Rios del Notre This project is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunction with the United States Army Corps of Engineers. This purpose of this study is to evaluate approximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sand- ere Road for projects such as habitat restoration, water supply, flood control and recreation. Status: The Town of Marana has prepared a comment letter to the Army Corps of Engineem on the 50% Draft F4 Document. These comments will be submitted for inclu- sion into the F5 Document. The F4 conference is sched- uled for November 18, 2003 in Phoenix. Santa Cruz Valley National Heritage Area The vision of a National Heritage Area designation for the Santa Cruz Valley in southern Arizona is gaining momen- tum due to a convergence of local efforts to conserve natural resources and open spaces; to preserve historic structures and amhaeological sites; to educate the public about the history and cultures of this region; to increase national recognition of the region; to develop heritage tourism and bring other economic benefits to local com- munities; and to improve cultoral ties across the U.S.- Mexico border. Status: The Town of Marana showed support of the ap- plication and designation of the Santa Cruz Valley Heri- tage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21, 2003. Arizona Pollution Dischame Elimination System This project was initiated by a federal mandate in which Ari- zona Department of Environmental Quality (ADEQ) was given primacy. Six minimum contr~.l measures have been defined for compliance. The minimum control measures are as fol- lows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Stormwater Runoff Control 5. Control of Post-construction Site Runoff 6. Pollution Prevention and Good Housekeeping Status: The Town of Marana has actively been working with PAG to get public involvement on a regional level. PAG is working with local jurisdiction on the development of an Out- reach Connection web site. This site is being developed to enable water educators in the Tucson region to share infor- mation about their oub'each and education efforts. Pima As- sociabon of Governments (PAG) and the University of Ari- zona's Sustainability of semi-Add Hydrology and Riparian Areas (SAHRA) are working jointly on this effort. SAHRA has agreed to develop the web site, to host it on their site, and to provide technical support for the site. Each of the participants will update their Jnformatlon on a regular basis, so that the website stays current and useable. PAG would coordinate the website users so that the site is maintained and so that new users are informed about the site. This website will focus on water resources and water quality outreach and education. The topic for the next Stormwater Working Group Meeting will be to develop a plan for regional outreach and deciding what activities to pursue. The funds from PAG's Federal Highways Administration that may be used for this purpose must be spent before the end of June. Procedures are beginning to be development for resident concerns, comments and requests for information. ' A scope of work has been developed for the mapping of the storm sewer system. Once the Town has an As-Needed Civil on board this scope of work will be given to the company for implementation. Page 8 PUBLIC WORKS FOR: JULY 2004 llllllllmm mmmmmmmmmmml{mm MARANA TOWN OF MARANA TEAM WORK-- Is all staff working together Jn outstanding ways, with extraordinary cooperatK, e effort to accomplish ordinary tasks TO: FROM: SUBJECT: ]) AT~: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager Water Department Staff July 2004 Department Report Update August 2004 CUSTOMER INFORMATION 2527 69 75 42 41,857,622 60.61 77.08 Number of Customers Billed Number of Disconnects Number of New Connects Number of New Services with Meter Installation Total Gallons sold Acre feet pumped (non-trust wells) Picture Rocks, HapPy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS 1. 260 Blue Stakes completed. 2. 132 Work Orders completed. 3. Worked on exterior plumbing for Heritage Park. 4. Installed two new chlorinators @ Marana Airport Wells. 5. Installed new service on Linda Vista near Hartman Well. 6. Line locating and GPS at Marana Airport. 7. Replaced 2" Meter at Valley of the Sun with a "Metron Famier" Meter as part of a new meter pilot. 8. Repaired reservoir roof at La Puerta. 9. Upgrades ara currently taking place on our telementry system. 10. Inspections are being done at Gladden Farms Blocks 4, 5,6,11 and 12. Continental Reserve 16A, 17, 18, and 19. 11. Working on the Yuma Mine Rd. extension at the Airport. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Northwest Fire Station #36. 2. Marana 154-Oasis addendum to Hartman Vistas pTHER 1. Draft Effluent Agreement with Tucson Water is negotiated. On Hold 2. Pilot water treatment of Picture Rocks system is installed and operating. Progressing well. 3. Non-potable system for North Marana design stages is complete. A non-potable Master Plan is underway. 4. La Puerta well is in discussion with Cortaro-Marana Irrigation District. Possible trade, equipment well 36N for them. 5. Non-potable system and storage are in the discussion, and draft, design Stage, for the east side of 1-10, from Tangerine Rd. to the Pinal County line. 6. Sunset Ranch Estates rate comparison in Progress. 7. Regional water supply organization being discussed. 8. B.C.I.F. Group LLC. San Lucas well is started to be dH/led. TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 17, 2004 AGENDA ITEM: MAYOR AND COUNCIL James R. DeGrood, P.E., Special Projects Resolution No. 2004-122: Relating to subdivisions; approving and accepting for maintenance portions of Arizona Pavilions Drive east of Cortaro Road and west of Burlingame into the Town of Marana Street Maintenance System DISCUSSION By accepting that portion of Arizona Pavilions Drive east of Cortaro Road and west of Burlingame, including regulatory traffic control signs and street signs, the Town will accept approximately 0.25 miles of roadway and sidewalks for maintenance. Landscaping and irrigation will remain the responsibility of Continental Ranch Community Association through a license agreement with the Town of Marana. RECOMMENDATION Staff recommends that the Town Council approve portions of Arizona Pavilions Drive east of Cortaro Road and west of Burlingame for acceptance into the Town of Marana Street Maintenance System. SUGGESTED MOTION I move to adopt Resolution No. 2004-122. DW/JCB 08/10/2004/3:22 PM MARANA RESOLUTION NO. 2004-122 RELATING TO SUBDIVISIONS; APPROVING AND ACCEPTING FOR MAINTENANCE PORTIONS OF ARIZONA PAVILIONS DRIVE EAST OF CORTARO ROAD AND WEST OF BURLINGAME INTO THE TOWN OF MARANA STREET MAINTENANCE SYSTEM. WHEREAS, Arizona Pavilions Drive was dedicated to the Town of Marana by the Continental Ranch Retail Center Plat and is located entirely within the boundaries of the Town of Marana; and WHEREAS, the extension of Arizona Pavilions Drive is not presently included in the Town of Marana Streets Maintenance System; and WHEREAS, the roadway and sidewalk portion of this road, excluding the landscaping and irrigation which will remain the responsibility of the Continental Ranch Community Association through a license agreement with the Town of Marana, has been inspected and recommended for acceptance into the Town of Marana Streets Maintenance System by the Town Engineer. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana that the roadway and sidewalk portions of Arizona Pavilions Drive, excluding the landscaping and irrigation, which, shall be accepted into the Town of Marana Street Maintenance System and be maintained as a public roadway. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana, Arizona Resolution bio. 2004-122 ! I ! I ! I t ! 1 ! ! I ! t I ! ' ! ! ! ! Il I II I I l I I I I TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 17, 2004 TO: MAYOR AND COUNCIL FROM: SUBJECT: AGENDA ITEM: James R. DeGrood, P.E., Special Projects Resolution No. 2004-123: Relating to subdivisions; approving the release of Assurance Agreements for Continental Ranch Business Park, Trust No. 4741, for Lots 1-8 and Acceptance of Public Improvements for Maintenance. DISCUSSION By releasing the Assurance Agreements between Southwest Value Parmers IV Limited Partnership, First American Title Insurance Company and Town of Marana, under Trust No. 4741 regarding Continental Ranch-Business Park as depicted on Exhibit A, the Town of Marana will accept for maintenance approximately 1.08 miles of the following paved streets: The subdivision is recorded in Book 49 of Maps and Plats, Page 37 (2 pages), Pima County Recorder's Office, Arizona. · Hospitality Road · Cracker Barrel Road The subdivision is recorded in Book 49 of Maps and Plats, Page 37 (2 pages), Pima County Recorder's Office, Arizona. RECOMMENDATION Staff recommends that Council approve the release of the Assurance Agreement between Southwest Value Partners IV Limited Parmership, First American Title Insurance Company and Town of Marana under Trust No. 4741. SUGGESTED MOTION I move to adopt Resolution No. 2004-123. DW/JCB 08/10/2004/3:24 PM MARANA RESOLUTION NO. 2004-123 RELATING TO SUBDIVISIONS; APPROVING THE RELEASE OF ASSURANCE AGREEMENTS FOR CONTINENTAL RANCH BUSINESS PARK, TRUST NO. 4741, FOR LOTS 1-8 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Continental Ranch Business Park is a 58.60 acre subdivision located south of Frontage Road and west of Cortaro Road containing Lots 1-8, and is recorded at the Pima County Recorder's Office in Book 49 of Maps and Plats, Page 37; and WHEREAS, the Town previously entered into Assurance Agreements with Southwest Value Partners IV Limited Partnership under Trust No. 4741 and First American Title Insurance Company (trustee), recorded at the Pima County Recorder's Office at Docket 10498, Page 456, assuring the completion of public improvements; and WHEREAS, Southwest Value Partners IV Limited Partnership has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Continental Ranch Business Park. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Continental Ranch Business Park, lots 1 through 8, is hereby released from the Assurance Agreement with Southwest Value Partners IV Limited Partnership under Trust No. 4741 and First American Title Insurance Company. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 1.08 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a) Hospitality Road b) Cracker Barrel Road Page 1 of 2 Maraaa, Arizona Resolution No. 2004-123 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Page 2 of 2 Marana, Arizona Resolution No. 2004-123 // // %. TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF I~IARANA August 17, 2004 AGENDA ITEM: MAYOR AND COUNCIL James R. DeGrood, P.E., Special Projects Resolution No. 2004-124: Relating to subdivisions; approving the release of Assurance Agreements for The Villages III at Dove Mountain, Trust No. 60,002, for Lots 235 -373, Common Area A (Drainage) and Acceptance of Public Improvements for Maintenance. DISCUSSION Releasing the Assurance Agreements between Richmond American Homes of Arizona, Inc., the Town of Marana and Fidelity National Title Agency, Inc. under Trust No. 60,012 for Lots 235- 373, and Common Area A regarding The Villages III at Dove Mountain as depicted on Exhibit A, the Town of Marana will accept for maintenance approximately 0.94 miles of the following ~aved streets. · Crimson Bluff Drive · Crimson Vista Drive · Dove Lof~ Drive · Globe Mallow Place · Owl Head Canyon Road · Painted Cliff Drive · Pinnacle Vista Court · Pinnacle Vista Drive vloreover, Common Areas A (Drainage), depicted on Exhibit A, will be owned and maintained by an Association of Individual Lot Owners as stipulated in the Covenants, Conditions and Restrictions recorded at Docket 10660, Page 1083, in the office of the Pima County Recorder. The subdivision is recorded in Book 53 of Maps and Plats, Page 94 (4 pages), Pima County Recorder's Office, Arizona. RECOMMENDATION Staff recommends that Council approve the release the Assurance Agreement between Richmond American Homes of Arizona, Inc., Fidelity National Title Agency, Inc., and Town of Marana, under Trust No. 60,012. SUGGESTED MOTION I move that the Council adopt Resolution No. 2004-124. D W~ JCB 08/10/2004/3:48 PM MARANA RESOLUTION NO. 2004-124 RELATING TO SUBDIVISIONS; APPROVING THE RELEASE OF ASSURANCE AGREEMENTS FOR THE VILLAGES III AT DOVE MOUNTAIN, TRUST NO. 60,002, FOR LOTS 235-373, COMMON AREA A (DRAINAGE) AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, The Villages III at Dove Mountain is a 29.08 acre subdivision located south of Moore Road, west of Dove Mountain Boulevard containing Lots 235-373, Common Area A, and is recorded at the Pima County Recorder's Office in Book 53 of Maps and Plats, Page 94; and WHEREAS, the Town has previously entered into Assurance Agreements with Richmond American Homes of Arizona, Inc., (beneficiary) under Trust No. 60,012 and Fidelity National Title Agency, Inc., (trustee), recorded at the Pima County Recorder's Office at Docket 12027, Page 2564, and Docket 12037, Page 4230 assuring the completion of public improvements; and WHEREAS, Richmond American Homes of Arizona, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for The Villages III at Dove Mountain; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Villages III at Dove Mountain, lots 235 through 373, and Common Area A, are hereby released from the Assurance Agreement with Richmond American Homes of Arizona, under Trust No. 60,012 and Fidelity National Title Agency. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.94 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a) Crimson Bluff Drive b) Crimson Vista Drive c) Dove Loft Drive d) Globe Mallow Place e) Owl Head Canyon Road f) Painted Cliff Drive g) Pinnacle Vista Court h) Pinnacle Vista Drive Page 1 of 2 Marana, Arizona Resolution No. 2004-124 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney Page 2 of 2 Marana, Arizona Resolution blo. 2004-124 'N~-OO9CJ _~ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 17, 2004 TO: MAYOR AND COUNCIL FROM: SUBJECT: AGENDA ITEM: Kevin Kish, Interim Planning Director Resolution No.2004-126: Relating to subdivisions; approving a Final Plat for The Preserve II at Dove Mountain. DISCUSSION The applicant is requesting approval of a 123-1ot single-family subdivision on 98.76 acres, in a portion of The Preserve at Dove Mountain Preliminary Plat. The project is located east of Dove Mountain Boulevard and north of Tangerine Road. The plat consists of Lots 183 through 305, and Common Areas "A", "B", and "D". Common Area "A" is 4.80 acres of Private Streets. Common Area "B" is 71.96 acres of Open Space, and Common Area "D" is 0.19 acres of Park. The details of the park development will be reviewed on a separate landscape plan. This property is zoned Low Density Residential (LDR) per the Dove Mountain Specific Plan. The proposed density is 1.25 RAC, which is consistent with the requirements for LDR within the Specific Plan. The maximum lot size is 13,291 square feet on lot number 293, and the minimum lot size is 6,000 square feet on various lots. Actual average lot size of this project is 7,555 square feet. Ingress and egress to the project will be achieved by two entrances off of Dove Mountain Boulevard. One entrance is a continuous street (Fallen Shadows Drive) that transverses The Preserve I and continues into Preserve II. Interior cimulation is accomplished by a loop road and three cul-de-sacs. New Reflection Drive, Gentle Rain Drive and Fallen Shadows Drive afford continuity through to the adjoining subdivisions. The plat is designed so that each lot in the plan backs onto natural open space within Common Area "B". A Homeowners Association will be formed to be responsible for the preservation and maintenance of all of the Common Areas in the project. Staff has reviewed the plat for conformance with the Land Development Code, the General Plan, and the Dove Mountain Specific Plan and finds that it meets all applicable requirements. RECOMMENDATION Staff recommends Council approval of the Final Plat for The Preserve II at Dove Mountain. SUGGESTED MOTION I move to adopt Resolution No. 2004-126. 081704 PRV-03016 The Preserve II ~ Dove Mountain Final Plat.doc MARANA RESOLUTION NO. 2004-126 RELATING TO SUBDIVISIONS; APPROVAL OF A FINAL PLAT FOR THE PRESERVE II at DOVE MOUNTAIN. WHEREAS, Cottonwood Properties, the owner of The Preserve II at Dove Mountain has applied for approval of a Final Plat for 123 single family detached lots on 98.76 acres, and including lots 183 through 305, and Common Areas "A", "B", and "D", and is generally located north of Tangerine Road and east of Dove Mountain Boulevard; and WHEREAS, the Town Council, at their regular meeting on August 17, 2004 has determined that The Preserve II at Dove Mountain Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that The Preserve II at Dove Mountain Final Plat, a 123-1ot residential subdivision within the Dove Mountain Specific Plan and generally located north of Tangerine Road and east of Dove Mountain Boulevard is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Marana Reaolution No. 2004-126 TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road · Tucson, AZ 85741 (520) 297-2920 Fax: (520) 297-3930 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Cl~eek O~e} ~ El Prellminar~Plac - 121 Genera[Plan Amendment - .DVariance ~ '~ Final Plat ' [] Specific Plan Amendment 13 Conditional Use Permit ID Development Plan [] Rezone [] Other [] Landscape Plan [] Significant Land Use Change [] Native Plant Permit · 2; GENERAL DATA RF~UIRED ' Assessor's Parcel Number(s) I 218-55-019J2 [ C~n~'al Plan D~signafion I (To be confirmed by ~taff) Gross Area (Acre/Sq. Ft.) ! 98.76 acres (4.301,986 sq. ft) Current Zoning (To be confirmed by staff) Development/ THE PRESERVE Il AT DOVE MOUNTAIN Proposed Zoning Same Project Name I Project Location A ]$ortion o? Section 36, T11S, R12E, GSRB&M, Pima County, Marana, AZ Description of Pro, iect I Lots 383-305 and Common eas "A" OPerate Streets), "B" qOpen Space), and "D" (Park) Propert?' Owner RITA LAND CORPORATION AND REDHAWK MARANA LLC Street Address 3567 E. Sunrise Drive, #219 City Tucson Zip Code IPhone Numbex Fa~ Number 85718 I (520)299.8424 (520 577-2391 Contact Person Applicant Street Address Contact Person Agent/Representative tStreet Address Bill Hallinan Contact Person OPW ENGINEERING, LLC 7000 E TANQL~E VERDE ROAD, #37 Zip Code phone Number Fax Number 85715 295-8544 296-2356 Specific Plan Arizona iE-Mail Address bhafiinan ~ eat, blink, net Phone Number (520) 299-8424 OPW ENGINEERING, LLC 7000 E TANQUE VERDE ROAD, #37 AJ~ZONA City Stat~ TUCSON [ Phone Numb~ 296-8544 E-Mail Address barb~.~op~n~n~fing corn Zip Co~e 85715 phoneNumb~ 296-8544 City ' I Shat~ TUCSON [ AK1ZONA F~x Numbff E-Mail Addr~s 296-2356 bf..ma Business License Nb. Barbee Hamon 102946 ~,~¥~ ~,, ,' I, ~* ~&~i~, C~[' ~at all of~ ~c~ ~t fo~ ~ ~ application ~ ~ to ~* b~st of my ~owl*~* ~ ~at I ~ *i~r ~ omer of~e prope~ or ~at I have been au~or~d ~ ~mg by ~e omer to file ~is application. ~f not owner of record, amch wriRen author~tion from the owner.) ~~ ~ Da~e Print Name of Anolicant/A~,ant / / Sitmamre . '! ' I~OR OFFICE USE"ONLY Receipt No. Fee Amount 21086~300\ forms\p&zapplieation ~ The Preserve II IIV A ~A ~ A At Dove Mountain TOWN OF MARANA ~ ' _, '_~i'~ ~7/~.~ ' ' Roquost for approval of a ~ 23-1ot single-family subdivision within tho Dovo Mountain Specific ~lan. 5/99 &Z5 bivision, PJanning &Zoning Dept. iii: i · x, TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 17, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-127: Relating to water service; approving and authorizing the execution of the Intergovernmental Agreement between the Town of Marana and the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona. DISCUSSION The Water Conservation Alliance of Southern Arizona (Water CASA) is designed to improve the efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, low-water-use landscaping and improving water resources management in general. Water CASA employs and utilizes staff experienced in planning, development and evaluation of water conservation measures and programs, and related water resource management, and research and publication in these areas. The Town is currently a member of Water CASA and this Intergovernmental Agreement extends our membership. The baseline funding will be provided by annual contributions from members. The annual contribution is calculated by assessing a base fee, an assessment based upon the service area population, and an assessment based upon the acre-feet of water delivered. The annual membership contribution for the Town of Marana for fiscal year 2005 will be $5,799. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend Council approval and authorization to execute the Intergovernmental Agreement between the Town of Marana and the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona. SUGGESTED MOTION I move to adopt Resolution No. 2004-127. B L U Water Casa FYO 5 08/10/20042: 52 PM APM MARANA RESOLUTION NO. 2004-127 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE UNIVERSITY OF ARIZONA TO EXTEND MEMBERSHIP IN THE WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA. WHEREAS, the Water Conservation Alliance of Southern Arizona (Water CASA) and the Town share a common goal in the area of efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, low-water-use landscaping, and improving water resource management in general; and WHEREAS, the Water CASA is designed to allow municipalities in Southern Arizona to share experience, skills and information and to benefit from economics of scale in water conservation efforts; and WHEREAS, funding for the Water CASA comes from annual contributions from member fees, calculated by assessing a base fee, an assessment based upon the service area population, and an assessment based upon the acre-feet of water delivered; and WHEREAS, the membership fee for the Town of Marana, for fiscal year 2005, will be $5,799; and WHEREAS, the Mayor and Town Council have determined that the Town's membership in the Water CASA is in the best interest of the residents of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Intergovernmental Agreement between the Town of Marana and the University of Arizoua, attached as Exhibit A to and incorporated here by this reference, to extend membership in Water CASA, is hereby authorized and approved. SECTION 2. The Utilities Director is hereby authorized and directed to execute said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COLrNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of August, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040817 Water CASA 05 RSO 2004- 2 APM 08/06/2(104 INTERGOVERNMENTAL MEMBER AGREEMENT Between the TOWN OF MARANA, ARIZONA and ARIZONA BOARD OF REGENTS for the UNIVERSITY OF ARIZONA Tucson, Arizona to extend membership in the WATER CONSERVATION ALLIANCE OFSOUTHERN ARIZONA This Agreement is made pursuant to the Adzona Revised Statutes § 11-951 et. seq., between the Adzona Board of Regents on behalf of the University of Arizona, hereinafter called the UA, and the Town of Marana, Arizona, hereinafter called Member. The Arizona Board of Regents on behalf of the University of Arizona is authOrized to enter into this Agreement pursuant to Arizona Revised Statute § 15-1625. Member is authorized to enter into this Agreement pursuant to Adzona Revised Statute §§ 9-240 and 11-951. 1. INTRODUCTION The Town of Marana, Adzona, for its Municipal Water Department, (the Member) and the Drachman Institute of the College of Architecture and Landscape Architecture at the University of Arizona (UA), Tucson, share common goals in the areas of efficient use of the region's limited water resoumes, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, Iow-water-use landscaping, and improving water resoumes management in general. In furtherance thereof, the organizations have developed experienced staffs which are involved in the planning, development, and evaluation of water conservation measures and programs and related water resource management, and reseamh and publication in these areas. The Member and the Drachman Institute, each believe that the establishment of a more formal relationship, to be known at the Water Conservation Alliance of Southern Arizona (Water CASA), will enhance their abilities to continue and expand these activities through the hiring of qualified conservation specialists, sharing of analyses and experiencesl and cooperating with other interested parties to achieve greater effectiveness and economies of scale. Therefore, the Agreement is established between the Member and the University of Arizona for membership in Water CASA, to provide a basis for collaborative efforts. 2. PURPOSE The pdmary purpose of Water CASA shall be to provide water conservation and planning services to participating municipal water providers and other parties of interest in southem Arizona. Water CASA is designed to: i. improve the effectiveness of municipal water conservation efforts through close collaboration between UA and the Member;. ii. join with others to share experience, skills and information and benefit from economies of scale in conservation efforts; and iii. serve as a focal point for cooperation in developing and managing conservation-oriented reseamh grants and pilot projects. 3. SCOPE OF WATER CASA Water CASA represents a cooperative link between professional staff of the member organizations and the University of Arizona. Water CASA will concern itself with improving water resource management practices of its members. As focus areas, WATER CASA will concentrate on: exterior residential water conservation measures; impacts of development-and trends in new construction on water demand and conservation potential; effects of conservation measures on wastewater systems and public health issues; and other areas as determined by the Board. This link will be between the Drachman Institute of UA and the Member. The parties intend through this agreement to use Water CASA as a vehicle available to any large municipal water provider or other interested organization pursuing program evaluation or applied research within the scope of this center's mission. Plan of Work may be revised. Brad DeSpain, Department Manager, is the official authorized to approve and modify such description for the Member; Val L. Little is the official authorized to approve and modify such description for UA. 4. STRUCTURE OF WATER CASA Water CASA will consist of the Board, the Director, and faculty, staff, students, administrative and clerical support personnel drawn from the Drachman Institute, the College of Architecture and Landscape Architecture, and the UA in general. WATER CASA Boa~ The Board of Water CASA (the Board) will have the following responsibilities: (1) to maintain cooperation between the sponsoring member institutions; (2) to create and maintain the highest standards of work; (3) to review and approve the policies and priorities of Water CASA; (4) to evaluate programs and activities; (5) to revieTM and approve the Water CASA budget and fiscal management; (6) to adopt appropriate by-laws, and modifications, as necessary for the operation of Water CASA; (7) to evaluate Water CASA Director; (8) to make recommendations for filling a vacancy in the position of Water CASA Director, and for hiring or filling a vacancy in the professional staff responsible for carrying out programs; and (9) to review and recommend revisions to this Agreement. B. The Board shall consist of the following: one representative selected by each municipal water provider Member of Water CASA; (2) one representative of any other organizations interested in the work of Water CASA and materially supporting and participating in Water CASA activities, admitted as a Member at the discretion of the Board; and (3) the Director of Water CASA who will serve as a non-voting member. Co The Chairperson of the Board shall be elected by the members of the Board from the Board's membership and shall serve a one-year term. The Chairperson may be elected to consecutive terms. The Board shall meet no less often than quarterly upon the call of the Chairperson. More frequent or additional meetings shall be held when called by the Chairperson or by a majority of the members. Board decisions shall be by majority vote of those members present and voting. Meetings shall be conducted in conformance with Robert's Rules of Order. The Director of Water CASA The Director will be a UA staff member assigned to Drachman Institute to be appointed in accordance with procedures to be established by the UA and Water CASA, and approved by the Board. The Director shall be evaluated annually by the Board. B. The responsibilities of the Director are to: (4) provide program leadership and contribute actively in the programmatic activities of Water CASA; (2) review all work products produced by Water CASA personnel; (3) prepare an annual report of activity, program results, fiscal review, following year proposed joint activities and following year proposed Water CASA budget for presentation to the Advisory Board; (4) manage and administer Water CASA in a manner consistent with applicable UA, municipal, county, state and federal laws, regulations, policies and guidelines; and (5) maintain accountability for all funds supplied to Water CASA. 5. SUPPORT Baseline funding for Water CASA will be provided by annual contributions from member organizations, and used for purposes consistent with the budget approved by the Board. The annual contribution from member municipal water providers shall consist of a minimum pro rata amount collected from each member plus an amount 4 based on the municipal provider's annual water deliveries. The annual contribution formula for municipal water providers is $4,000 plus an amount per acre-foot of annual water deliveries. The formula will be adjusted annually by the Board so as to provide an adequate baseline budget for Water CASA. For fiscal year 2005, the formula will be $1.70 per acre-foot. Contributions shall be paid to the University of Arizona as a single lump sum within 60 days Of the date upon which this Agreement is signed and annually thereafter. Contributions by members other than municipal water providers, if any, shall be determined on a case;by-case basis by the Board in a manner that reflects the interests of the member in Water CASA's activities and programs. The annual membership contribution for Town of Marana, for~ Fiscal Year 2005 will be $5,799. ' 6. POLICIES General policies of Water CASA are: All members of Water CASA shall have free access to all Water CASA work products, compilations of data and information, and other materials. No classified or confidential work will be performed by Water CASA. Efforts will be made to disseminate the results of evaluations, pilot projects, and applied research with other entities that may benefit from the information. Work performed on behalf of Water CASA by UA faculty, staff and students shall be subject to applicable academic policies and standards. Contracts, grants, or other agreements entered into pursuant to this memorandum shall contain appropriate provisions relating to Equal Employment Opportunity and Non-Discrimination. 7. RESPONSIBILITIES OF THE MEMBER ORGANIZATIONS Each member organization takes full financial responsibility for implementing its obligations under this agreement. Each Party's ability to perform under this Agreement is contingent upon funding authorization. In addition to the process described in Section 6 conceming financial support to the University from Member organizations, each Party shall be free to enter into agreement with WATER CASA or DRACHMAN INSTITUTE to provide additional water resource- related services of benefit to the individual Party. Such work will not be subsidized by the operating budget of Water CASA. This Agreement shall not be construed as limiting the ability of any member organization to contract with or enter into any sort of agreement with other organizations to provide water conservation and planning services. 8. PERIOD OF AGREEMENT The pedod of this Agreement shall be for one year from the effective date of this agreement. The Parties may extend this period upon their mutual agreement. Either party may terminate this Agreement upon 60 days advance written notice. 9. OTHER AGREEMENTS In the event any grant or cooperative agreement is issued in association with this Agreement, the terms of such grant or cooperative agreement shall control and any inconsistency between any such provision and any provision of this Agreement shall be resolved in accordance with said grant or cooperative agreement. 10. APPLICABLE LAW This Agreement shall be govemed solely by Arizona law for all purposes including, but not limited to, determining the validity of this Agreement, the meaning of its provisions, and the rights, obligations and remedies of the parties. 11. ASSIGNMENT This Agreement may not be assigned, in whole or in part, by either party without the prior written approval of the other party to this Agreement. 12. STATE OBLIGATION The parties recognize that the performance by the Arizona Board of Regents for and on behalf of the University of Arizona may be dependent upon the appropriation of funds by the State Legislature of Adzona. Should the Legislature fail to appropriate the necessary funds or if the University's appropriation is reduced during the fiscal year, the Arizona Board of Regents may reduce the scope of this agreement if appropriate or cancel the Agreement without further duty or'obligation. The Board of Regents agrees to notify the other party as soon as reasonably possible after the unavailability of said funds comes to its attention. Should the Agreement be canceled or its scope materially reduced to a level that Water CASA Board decides is no longer useful, the University of Adzona shall refund to the Members on a pro rata basis all unspent contributions. 13. ARBITRATION The parties agree that any dispute arising under this agreement involving the sum of $30,000 or less in money damages only shall be resolved by arbitration pursuant to the Adzona Uniform Rules of Procedure for Arbitration. The decision of the arbitrator(s) shall be final. 14. CONFLICT OF INTEREST This Agreement is subject to the provisions of A.R.S. § 38-511 and the State of Arizona may cancel this Contract if any person significantly involved in negotiating, drafting, securing or obtaining this Contract for or on behalf of the Arizona Board of Regents becomes an employee in any capacity of any other party or a consultant to any other party with reference to the subject matter of this Contract while the Contract or any extension hereof is in effect. 15. NON-DISCRIMINATION The parties agree to be bound by applicable state and federal rules governing Equal Employment Opportunity and Non-Discrimination. IN WITNESS WHEREOF, the Parties do hereby execute this Agreement effective as of the date later in time indicated below. University of Arizona Board of Regents Town of Marana Approved as to content: print or type name pdnt or type name Brad DeSpain, Manager Municipal Water Department Date Date 7 The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attorney General who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the Attorney General. DATED this day of ., 2004 The Attorney General Assistant Attorney General The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned legal representative of the Town of Marana, Adzona, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the Town of Marana Attorney. DATED This day of ,2004 Town of Marana Town of Marana Attorney. 8 INTERGOVERNMENTAL AGREEMENT DETERMINATION AGENCY NAME: AWARD: AMOUNT: PURPOSE: UNIVERSITY COLLEGE / DEPARMENT Town of Marana Upon filing with the Secretary of State $5,799. Water Conservation Alliance Membership College of Architecture & Landscape Architecture; Drechman Institute The undersigned has determined that the foregoing agreement is in proper form and within the powers and authority granted under the laws of the State of Arizona to the Arizona Board of Regents, University of Arizona. Dated this .day of ,2004 By: University Attorney TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 17, 2004 AGENDA ITEM: IX. A. 6 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2004-128: Relating to water service; approving and authorizing the execution of the Agreement between the Town of Marana and U S Home Corporation for Construction of Water Facilities Under Private Contract for Continental Reserve Block 15. DISCUSSION U S Home Corporation desires to install an On-Site Water Facility to provide service to a development known as Continental Reserve Block 15. Pursuant to an Agreement between the Town of Marana and U S Home Corporation the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Continental Reserve Block 15. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend Council adoption approving and authorizing the execution of the Agreement between the Town of Marana and U S Home Corporation for Construction of Water Facilities Under Private Contract for Continental Reserve Block 15. SUGGESTED MOTION I move to adopt Resolution No. 2004-128. BLU Cont. Reserve Blk 15 08/10/20042:58 PM APM MARANA RESOLUTION NO. 2004-128 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND U S HOME CORPORATION FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR CONTINENTAL RESERVE BLOCK 15. WHEREAS, U S Home Corporation intends to facilitate the development of property to be called Continental Reserve Block 15 (the "Property"); and WHEREAS, U S Home Corporation desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, U S Home Corporation agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and U S Home Corporation, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 040817 Continental Reserve 15 RSO 2004- 2 APM 08/06/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 17th day of August 2004, by and between the TOWN OF MARANA, hereinaRer called the Town, and U S HOME CORPORATION, hereinaflex called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land (Continental Reserve, Block 15) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X .(1 Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X .(2 The installation charge for each five-eighth-inch (5/8") meter will be Eleven Hundred Dollars ($1100.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG-04IM-005 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0404-005 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." II. The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. Any property connecting onto a water main must have a minimum of fit~een feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place on the parcel of land. Ifa property owner applies for a meter while the property is fronting the water main and later sells that poaion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. Execution of this Agreement ceaifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and ceaify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town 2 for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection ensts will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. III. PRECONSTRUCTION PROCEDURE The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance ora construction permit. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. The work shall be commenced and carded on at such points and in such order as may be directed by the Town. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. iV* CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or misa~s on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all frees or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant fut~aher guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. 1N WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. U S HOME CORPORATION Applicant BY: S~ature Title Print Name 5151 East Broadway, Suite 1100 Tucson, Arizona 85711 STATE OF ARIZONA SS. COLrNTY OF PIMA On this, the day of , 2004, before me the undersigned officer, personally appeared ~ known to me to be the persons who subscribed the foregoing instrument, and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF MARANA By: Its: APPROVED AS TO FORM ATTEST: By: By: Town Attorney Town Clerk EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] EXHIBIT "C' ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a linc by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement beh'md this cover shect.] Please set forth thc total expense thc Developer/Applicant is to incur for thc construction. EXHIBIT "E" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] 9 TOWN COUNCIL MEETING INFORMATION TOWN OF 1VIARANA MEETING DATE: August 17, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: Charles Mangum, Airport Director SUBJECT: Resolution No. 2004-129: Relating to the Marana Regional Airport; authorizing and appointing the Airport Director as the official representative of the Town of Marana to file all paperwork and execute all Federal and State Aviation Grants. DISCUSSION In order for a grant to be executed the Federal Aviation Administration and the Arizona Depamnent of Transportation Aeronautics Division require that a resolution be duly adopted or passed authorizing an official representative of the Town to file and accept the grant application and grant agreement. By authorizing and appointing the Airport Director as this individual he will be able to accept grants that need to be executed in an urgent manner because the FAA has to "reassign" funds from another airport that did not execute their grant. This will allow the Town to be more competitive and increase the chances of Federal and State grant funding. RECOMMENDATION Staff recommends Council approval of this resolution authorizing and appointing the Airport Director as the official representative of the Town of Marana to file all paperwork and execute all Federal and State Aviation Grants. SUGGESTED MOTION I move to adopt Resolution No. 2004-129. Marana Regional Airport - Aviation Grant Authorization August 17, 2004 MARANA RESOLUTION NO. 2004-129 RELATING TO THE MARANA REGIONAL AIRPORT; AUTHORIZING AND APPOINTING THE AIRPORT DIRECTOR AS THE OFFICIAL REPRESENTATIVE OF THE TOWN OF MARANA TO FILE ALL PAPERWORK AND EXECUTE ALL FEDERAL AND STATE AVIATION GRANTS. WHEREAS, pursuant to A.R.S. § 28-8413, the Town Council of the Town of Marana is empowered to recommend approval or disapproval permitting Town Staff to accept Federal or State Grants; and WHEREAS, the grant documents require that a resolution be duly adopted authorizing an official representative of the Town to file and accept the grant application and grant agreement; and WHEREAS, by authorizing and appointing the Airport Director as the official representative it will allow the Town to be more competitive and increase the chances of Federal and State Grant Funding; and WHEREAS, the Town is obligated to provide up to 5%, of the overall project amount as a condition of the grant agreement for Federal Grants; and WHEREAS, the Town is obligated to provide up to 10%, of the overall project amount as a condition of the grant agreement for State Grants; and WHEREAS, the Marana Regional Airport would be significantly enhanced by the expenditure of any grant funds received; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town's Airport Director is hereby authorized and appointed as the official representative of the Town of Marana to file all paperwork and execute all Federal and State Aviation Grants. BE IT FURTHER RESOLVED that the expenditure of budgeted matching funds, not to exceed 5% for a Federal Grant or 10% for a State Grant, is approved and authorized, and the Airport Director is hereby directed to take all steps necessary and proper to give effect to this Resolution. Page 1 of 2 Resolution for Airport Director Authorization .doc BE IT FURTHER RESOLVED that the expenditure of budgeted matching funds, not to exceed 5% for a Federal Grant or 10% for a State Grant, is approved and authorized, and the Airport Director is hereby directed to take all steps necessary and proper to give effect to this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August, 2004. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 2 of 2 Resolution for Airport Director Authorization.doc TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 17, 2004 AGENDA ITEM: IX. A. 8 MAYOR AND COUNCIL Charles Mangum, Airport Director Resolution No. 2004-130: Relating to the Marana Regional Airport; accepting Grant Agreement E5S09 between the ADOT- Aeronautics Division and the Town of Marana to update the Airport Master Plan. DISCUSSION The Town of Marana has secured an Aviation Grant in the amount of $180,000 from the Arizona Department of Transportation Aeronautics Division to update the Airport Master Plan for the Airport. The total project cost authorized for the Airport Master Plan Update is $200,000. This Aviation Grant will fund 90% of this project, or $180,000. The Town is obligated to fund 10% of the project, or $20,000, in order to secure the grant. The local matching funds are budgeted under CIP Project #2004-39. RECOMMENDATION Staff recommends Council approval of the Arizona Department of Transportation Aeronautics Division, which will also authorize an expenditure of matching funds by the Town to enable the grant. SUGGESTED MOTION I move to adopt Resolution No. 2004-130. Marana Regional.4irport - State Grant E5S09 August 17, 2004 MARANA RESOLUTION NO. 2004-130 RELATING TO THE MARANA REGIONAL AIRPORT; ACCEPTING GRANT AGREEMENT E5S09 BETWEEN THE ADOT-AERONAUTICS DIVISION AND THE TOWN OF MARANA TO UPDATE THE AIRPORT MASTER PLAN. WHEREAS, pursuant to A.R.S. §28-8413, the Town Council of the Town of Marana is empowered to recommend approval or disapproval permitting Town Staff to accept ADOT- Aeronautics Division Grant E5S09 in the amount of $180,000; and WHEREAS, the grant would obligate the Town of Marana to spend up to 10% of the overall project amount of $200,000 to match the grant; and WHEREAS, the ADOT-Aeronautics Division Grant would provide 90%, or $180,000, of the overall project amount; and WHEREAS, the Town is obligated to provide up to 10%, or $20,000, of the overall project amount as a condition of the grant agreement; and WHEREAS, the Marana Regional Airport would be significantly enhanced by the expenditure of these funds; and WHEREAS, accepting the ADOT-Aeronautics Division Grant and spending the matching funds would benefit the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town's Airport Director is hereby authorized to execute all documents and take all actions necessary to secure and satisfy the requirements of ADOT-Aeronautics Division Grant E5S09. BE IT FURTHER RESOLVED that the expenditure of up to $20,000 in matching funds is approved and authorized, and the Airport Director is hereby directed to take all steps necessary and proper to give effect to this Resolution. Page 1 of 2 Resolution for E5S0O.doc PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August, 2004. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 2 of 2 Resolution for E5S09.doc TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 17, 2004 AGENDA ITEM: MAYOR AND COUNCIL Charles Mangum, Airport Director Resolution No. 2004-131: Relating to the Marana Regional Airport; Accepting Grant Agreement E5S10 between the ADOT- Aeronautics Division and the Town of Marana to expand the transit tiedown apron. DISCUSSION The Town of Marana has secured an Aviation Grant in the amount of $450,000 from the Arizona Department of Transportation Aeronautics Division to expand the transit tiedown apron. The total project cost authorized to construct the tiedown apron is $500,000. This Aviation Grant will fund 90% of this project, or $450,000. The Town is obligated to fund 10% of the project, or $50,000, in order to secure the grant. The local matching funds are budgeted under CIP Project #2004-40. RECOMMENDATION Staff recommends Council approval of the Arizona Department of Transportation Aeronautics Division, which will also authorize an expenditure of matching funds by the Town to enable the grant. SUGGESTED MOTION I move to adopt Resolution No. 2004-131. Marana Regional.4irport- State Grant E5S10 August 17, 2004 MARANA RESOLUTION NO. 2004-131 RELATING TO THE MARANA REGIONAL AIRPORT; ACCEPTING GRANT AGREEMENT E5S10 BETWEEN THE ADOT-AERONAUTICS DIVISION AND THE TOWN OF MARANA TO EXPAND THE TRANSIT TIEDOWN APRON. WHEREAS, pursuant to A.R.S. §28-8413, the Town Council of the Town of Marana is empowered to recommend approval or disapproval permitting Town Staff to accept ADOT- Aeronautics Division Grant E5S 10 in the amount of $450,000; and WHEREAS, the grant would obligate the Town of Marana to spend up to 10% of the overall project amount of $500,000 to match the grant; and WHEREAS, the ADOT-Aeronantics Division Grant would provide 90°4, or $450,000, of the overall project amount; and WHEREAS, the Town is obligated to provide up to 10%, or $50,000, of the overall project amount as a condition of the grant agreement; and WHEREAS, the Marana Regional Airport would be significantly enhanced by the expenditure of these funds; and WHEREAS, accepting the ADOT-Aeronautics Division Grant and spending the matching funds would benefit the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town's Airport Director is hereby authorized to execute all documents and take all actions necessary to secure and satisfy the requirements of ADOT-Aeronautics Division Grant E5 S 10. BE IT FURTHER RESOLVED that the expenditure of up to $50,000 in matching funds is approved and authorized, and the Airport Director is hereby directed to take all steps necessary and proper to give effect to this Resolution. Page 1 of 2 Resolution for EfSlO.doc PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 2 of 2 Resolution for E5S10.doc TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 17, 2004 AGENDA ITEM: MAYOR AND COUNCIL Frank Cassidy, Town Attorney IX. A. 10 Resolution No. 2004-133: Relating to Northwest Fire District; en- dorsing and authorizing annexation of any and all territory lo- cated within the Town limits of Marana, Arizona, as they may be amended from time to time; and declaring an emergency. DISCUSSION Marana Resolution No. 98-23 authorized the Northwest Fire District to annex all areas within the 1998 boundaries of the Town of Marana. Northwest Fire District currently has on its August 24, 2004 agenda the proposed annexation of a portion of Saguaro Ranch which was not located within the Town limits &the Town of Marana as it existed when Marana Resolution No. 98-23 was adopted. A.R.S. § 48-262(F) allows the Northwest Fire District to approve a Northwest Fire District boundary change impact statement and authorize the circulation of District annexation petitions for areas located within the Town limits only if the Town has by ordinance or resolution en- dorsed and authorized the annexation. Proposed Resolution No. 2004-133 would endorse and authorize Northwest Fire District's an- nexation of any and all territory in the Town limits of the Town of Marana as it currently exists and as it may be amended in the future. RECOMMENDATION Staff recommends that the Town Council grant a blanket authorization for Northwest Fire Dis- trict to annex all areas within the Town limits of the Town of Marana as it may be amended, by adopting proposed Resolution No. 2004-133. SUGGESTED MOTION move to adopt Resolution No. 2004-133. {00000149.DOC/} FJC/cds 8/10/04 MARANA RESOLUTION NO. 2004-133 RELATING TO NORTHWEST FIRE DISTRICT; ENDORSING AND AUTHORIZING ANNEXATION OF ANY AND ALL TERRITORY LOCATED WITHIN THE TOWN LIMITS OF MARANA, ARIZONA, AS THEY MAY BE AMENDED FROM TIME TO TIME; AND DECLARING AN EMERGENCY. WHEREAS, Northwest Fire District has plans to pursue various annexations of property located within the Town limits of the Town of Marana; and WHEREAS, the Town adopted Marana Resolution No. 98-23 on March 3, 1998, authorizing all Northwest Fire District annexations within the Town limits as it then existed; and WHEREAS, the Town now desires to grant a blanket authorization for all Northwest Fire District annexations of property located within the Town limits of the Town of Marana as it currently exists and as it is amended fi.om time to time; and WHEREAS, fire protection is lacking in the areas of the Town of Marana that are not within the boundaries of Northwest Fire District, and it is in the best interests of the citizens of the Town of Marana that fire protection be made available. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that all annexations proposed by Northwest Fire District of property located within the Town limits of the Town of Marana as it currently exists and as it may be amended from time to time are hereby endorsed and authorized pursuant to A.R.S. § 48-262(F). BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of August, 2004. ATTEST: Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {O000014a DOC /} FJC/cds 8/I0/04 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 17, 2004 MAYOR AND COUNCIL Frank Cassidy, Town Attorney AGENDA ITEM: IX.B. 1 Resolution No. 2004-118: Relating to real estate; approving and authorizing the execution of a communications site lease agree- ment with Nextel Communications for the non-exclusive use of the Marana Municipal Complex communication tower. DISCUSSION The Town's Information Technology Department has been negotiating with Nextel Communica- tions for the lease by Nextel of tower space on the new eighty-five-foot communication tower being constructed to replace the tower immediately adjacent to the current town hall on the Mu- nicipal Complex campus. The proposed Nextel lease which is presented for Mayor and Council approval is a thirty-year non-exclusive lease (five years, with five successive five-year lease extensions) for $1,500 per month, with 15% upward adjustments each five years. Nextel originally offered $800 per month based on the relatively low existing population and residential density in the area that will be served by the site. Other existing tower lease rates of which Town staff is aware include a $2,400 per month payment by Verizon for a site on Beacon Hill (a prime site located at a high elevation) and approximately $2,400 per month being paid by Cricket and Sprint at the Marana Operations Center (a lease negotiated with the previous owner of the tower, and now acquired by the Town). Because the Marana Municipal Complex campus site does not have the surrounding density and geographic superiority of either the Beacon Hill site or the Marana Operations Cen- ter site, Town staff believes that the negotiated rate of $1,500 per month is an appropriate middle ground for the Nextel lease. RECOMMENDATION Staff recommends the adoption of Resolution No. 2004-118, approving and authorizing the exe- cution of the non-exclusive lease with Nextel Communications for the use of the communication tower at the Marana Municipal Complex campus. SUGGESTED MOTION I move to adopt Resolution No. 2004-118. {00000139.D0C /) FJC/cds 8/5/04 MARANA RESOLUTION NO. 2004-118 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE EXECUTION OF A COMMUNICATIONS SITE LEASE AGREEMENT WITH NEXTEL COMMUNICATIONS FOR THE NON-EXCLUSIVE USE OF THE MARANA MUNICIPAL COMPLEX COMMU- NICATION TOWER. WHEREAS, the Town's Information Technology Department has been negotiating with Nextel Communications for the lease by Nextel of tower space on the new eighty-five-foot radio tower being constructed to replace the tower immediately adjacent to the current town hall on the Municipal Complex campus; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this lease. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the lease between the Town of Marana and Nextel Communications, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby authorized and approved. The Town Manager is hereby authorized to execute said Ex- hibit A for and on behalf of the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of August, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000l 4 I.DOC /] FJC/cds 8/5/04 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA August 17, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: SUBJECT: Frank Cassidy, Town Attorney Resolution No. 2004-125: Relating to real estate; authorizing the acquisition by negotiation or condemnation of right-of-way for the extension of Marana Main Street north of Grier Road; and declar- ing an emergency. DISCUSSION Construction of Marana Main Street is currently underway from the intersection of new Civic Center Drive, adjacent to the new Marana Municipal Complex, to Grier Road. Town staff is cur- rently finalizing an alignment of Marana Main Street from Ca/er Road to Sandario Road. The segment of this new Marana Main Street right-of-way located immediately north of Grier Road is located on property that is currently in litigation between the Hum and Gee families on one side and an entity called Barrios de Marana I, L.L.C., owned by Rodrigo Diaz-Brown and Jack Neubeck, on the other. The case is Barrios de Marana I, L.L.C.v. Hum, Pima County Superior Court No. C20024018, and involves an attempt by Barrios de Marana to enforce a contract to purchase the property from the Hum group. The case went to a four-day jury trial and concluded on June 22, 2004, with a jury verdict in favor of Barrios de Marana. The Court entered judgment in the case on July 30, 2004. According to the attorney for the Hum group, they plan to file an Iappeal. If the appeal is filed by the Hum group, the Town will likely need to file a condemnation case in order to get possession of the property so that Marana Main Street north of Grief can be con- strutted. Town staff will do its best to negotiate the acquisition of the fight-of-way or at the very least the right to enter the property by getting an agreement from both sides involved in the liti- gation. However, Town staff feels that it would be prudent to get authority from Mayor and Council to file a condemnation case for acquisition of the Marana Main Street right-of-way if an agreement cannot be reached. Proposed Resolution No. 2004-125 would authorize Town staff to acquire the Marana Main Street right-of-way by negotiation or condemnation, so that the Town can get prompt possession of the right-of-way as necessary to construct Marana Main Street from Grier Road to Sandario Road. {00000144.DOC/} FJC/cds 8/6/04 RECOMMENDATION Staff recommends adoption of Resolution No. 2004-125, authorizing acquisition of thc Marana Main Street right-of-way by negotiation or condemnation, as necessary, and declaring an emer- gcncy. SUGGESTED MOTION I move to adopt Resolution No. 2004-125. {00000144.DOC/} -2- FJC/cds 8/6/04 MARANA RESOLUTION NO. 2004-125 RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF RIGHT-OF-WAY FOR THE EXTENSION OF MARANA MAIN STREET NORTH OF GRLER ROAD; AND DECLARING AN EMERGENCY. WHEREAS, it is necessary for the Town of Marana to acquire fight-of-way for Marana Main Street from Grier Road to Sandario Road (the "Needed Property"); and WHEREAS, fee title to the Needed Property is the subject of currently pending litigation between the Gee and Hum families on one side and Barrios de Marana I, L.L.C., on the other in the case Barrios de Marana I, L.L.C.v. Hum, Pima County Superior Court No. C20024018 (the "Barrios de Marana litigation"); and WHEREAS, judgment was entered in the Barrios de Marana litigation on July 30, 2004, giving judgment in favor of Barrios de Marana; and WHEREAS, the filing of an appeal in the Barrios de Marana litigation would make reaching a prompt negotiated acquisition of the property extremely complicated and problematic. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing and directing the Town's staff and attorney to enter into negotiations and if such negotiations fail, to bring an action under the power of eminent domain to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal or based on a determination of just compensation by the Court or jury. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August, 2004. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000146.DOC/} FJC/cds 8/6/05 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA August 17, 2004 AGENDA ITEM: TO: MAYOR AND COUNCIL FROM: IX.B. 3 SUBJECT: Frank Cassidy, Town Attorney Resolution No. 2004-134: Relating to land development; approv- ing and authorizing the Mayor to execute a development agree- ment with Monterey Homes Construction, Inc., and Stewart Title and Trust, Trust 3240, relating to a 154-acre development located within the Rancho Marana Specific Plan area; and declaring an emergency. DISCUSSION Monterey Homes is proposing to develop a mixed residential and commercial development on a 154-acre parcel of land located about a half mile west of the new Marana Municipal Complex and adjacent to the proposed Barnett Linear Park. The development, which will be referred to in tiffs communication as the "Monterey Homes 154 development", is proposed to consist of seven blocks, four of which are currently planned for medium density residential uses and three of which are proposed for future commercial uses which may be converted to residential through adopted Town procedures. Monterey Homes 154 is bisected by two major roads: the new Tan- gerine Farms Road runs north and south and the new Clark Farms Boulevard hms east and west through approximately the middle of the development. The new Barnett Linear Park and drain- ageway extends onto the northern portion of the Monterey Homes 154 development. The proposed Monterey Homes 154 development agreement would permit the developer to de- velop Blocks 1, 2, and 4 of the Monterey Homes 154 development into 6,000 square foot mini- mum lot sized single family detached homes and would allow the development of Block 3 into 4,500 square foot minimum lot sized single family detached homes. These densities are pro- posed based on the Monterey Homes 154 development's proximity to the Town core and in rec- ognition of the significant open space provided as part of the Monterey Homes 154 development. In Blocks 1, 2, and 4, the proposed development agreement would require a minimum distance of ten feet between single family detached homes of up to 25 feet in height and 20 feet between single family detached homes over 25 feet in height. Within Block 3, the development agree- ment allows for a minimum distance of ten feet between single family detached homes and does not place a limitation on the construction of two-story homes of up to 25 feet in height. The proposed Monterey Homes 154 development agreement requires the developer to dedicate a 250 foot right-of-way for Tangerine Farms Road and requires the developer to construct the segment of Tangerine Farms Road fi.om Moore Road to Barnett Road, including the roadway itself, a 100 foot landscaped buffer, trail, and drainage facilities. Tangerine Farms Road is antici- pated to be constructed in two phases, as necessary to serve adjacent blocks. The first phase, from Moore Road to Clark Farms Boulevard, is required to be completed before the 100th build- ing permit is issued, and the balance is required prior to the release of posted subdivision assur- ances. The developer is also required to dedicate a 90-foot right-of-way for Clark Farms Boulevard, and to construct the segment of Clark Farms Boulevard located within the development in two phases. The first phase, fi'om Sandario Road to Tangerine Farms Road, is required to be con- stmcted before the issuance of the 100th building permit, and the balance of the road is required to be constructed before issuance of the 400th building permit. In addition, the developer is required to dedicate up to an additional 95 feet of right-of-way for Moore Road, including the construction of turn bays and tapers as necessary for the Monterey Homes 154 development. The Monterey Homes 154 development agreement also requires the developer to relocate the CMID canal, if required by separate agreement with CMID, and to excavate the Barnett Linear Park on and immediately adjacent to the Monterey Homes 154 development. The developer is required to install both potable and non-potable water delivery systems to each individual lot within the Monterey Homes 154 development. The Monterey Homes 154 development agreement also requires the developer to construct a se- ries of neighborhood parks sufficient to provide 185 square feet ofonsite park improvements for every residence, but allows these parks to be located in the Barnett Linear Park or within excess right-of-way for Tangerine Farms Road, Clark Farms Boulevard, or Moore Road adjacent to the block being served by the park. Because of the high percentage of land required to be dedicated by the developer for regional roadway and linear park improvements, the development agreement requires no additional finan- cial contribution for off-site parks and regional roadway improvements, and allows a credit against future regional roadway impact fees up to a value of 50% of the developer's cost to con- stmct Tangerine Farms Road. The proposed Monterey Homes 154 development agreement also addresses various other issues that can be discussed in further detail at the request of the Council, including an eight-year pe- riod of protected development rights during which the regulations that apply to the property can- not be modified without the developer's consent. RECOMMENDATION Staff recommends the adoption of Resolution No. 2004-134, approving and authorizing the Mayor to execute the Monterey Homes 154 development agreement. SUGGESTED MOTION I move to adopt Resolution No. 2004-134. {ooooo151.Doc /} -2- MARANA RESOLUTION NO. 2004-134 RELATING TO LAND DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH MONTEREY HOMES CONSTRUCTION, INC., AND STEWART TITLE AND TRUST, TRUST 3240, RELATING TO A 154-ACRE DEVELOPMENT LOCATED WITHIN THE RANCHO MARANA SPECIFIC PLAN AREA; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana is authorized to enter into development agreements pursuant to A.R.S. § 9-500.05; and WHEREAS, the Mayor and Council of the Town of Marana find that entering into a development agreement with Monterey Homes Construction, Inc., and Stewart Title and Trust, Trust 3240, concerning the 154-acre Monterey Homes development project in the Rancho Marana Specific Plan area (which agreement is referred to in this resolution as the "Monterey Homes 154 Development Agreement") will promote the public health, safety and welfare by facilitating orderly development that pays its fair share of costs toward public services needed to serve the development. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, approving and authorizing the Mayor to execute the Monterey Homes 154 Development Agreement in the form attached as Exhibit A to this Resolution, and authorizing the Town Manager and Town staff to undertake all other tasks required to carry out the terms, obligations and objectives of the development agreement. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of August, 2004. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00000154.DOC/} FdC/cds 8/11/04 Regarding Resolution No. 2004-134, Exhibits A, B and C to the Development Agreement will be provided prior to the Council Meeting. jcb EXHIBIT A When recorded, return to: Frank J. Cassidy, Esq. Town Attorney Town of Marana 13251 N. Lon Adams Road Marana, Arizona 85653 DEVELOPMENT AGREEMENT BETWEEN TOWN OF MARANA, ARIZONA, MONTEREY HOMES CONSTRUCTION, INC. AND STEWART TITLE AND TRUST, TRUST 3240 8/11/2004 TABLE OF CONTENTS Page EX/tlRIT LIST ........................................................................................................ iii RECITALS ............................................................................................................... 1 AGREEMENT ......................................................................................................... 2 Development Plans ....................................................................................... 2 1.1 Development in Accordance with the Development Parameters ...... 2 1.2 Plat Approvals .................................................................................... 3 1.3 Plat Conditions ................................................................................... 3 1.4 Development Standards ..................................................................... 3 1.4.1 Blocks I, 2 and 4 .................................................................... 3 1.4.1.1 Minimum lot size ....................................................... 3 1.4.1.2 Distances between homes .......................................... 3 1.4.1.3 Town residential design requirements ....................... 3 1.4.2 Block 3 ................................................................................... 3 1.4.2.1 Minimum lot size ....................................................... 3 1.4.2.2 Distances between homes .......................................... 3 1.4.2.3 Number of stories ....................................................... 3 Infrastructure Improvements ..................................................................... 4 2.1 Regional Public Infrastructure ........................................................... 4 2.2 Water Utilities .................................................................................... 4 2.2.1 Non-Potable Water 2.2.2 Transfer of Grandfathered Water Rights ............................... 4 2.3 Transportation Improvements ............................................................ 5 2.3.1 Tangerine Farms Road ........................................................... 5 2.3.1.1 Construction Obligation ............................................. 5 2.3.1.2 Phasing ....................................................................... 5 2.3.2 Clark Farms Boulevard .......................................................... 5 2.3.2.1 Construction Obligation ............................................. 5 2.3.2.2 Phasing ....................................................................... 5 2.3.3 Moore Road ........................................................................... 6 2.3.3.1 CMID Canal Relocation ............................................ 6 2.3.4 Barnett Road Channel ............................................................ 6 2.3.5 Improvement Obligations ...................................................... 6 2.3.5.1 Proportionate Share .................................................... 6 2.3.5.2 Contributions ............................................................. 6 2.3.6 Dedication; Acceptance ......................................................... 7 2.4 Recreation Improvements .................................................................. 7 2.4.1 On-Site Recreation Improvements ......................................... 7 2.4.2 Off-Site Recreation Improvements ........................................ 8 2.4.2.1 Barnett Linear Park .................................................... 8 i 137139.12 TABLE OF CONTENTS (Continued) Page 2.5 2.6 2.7 2.4.2.2 Dedication .................................................................. 8 2.4.2.3 Contributions ............................................................. 8 2.4.3 Future Improvement Obligations ........................................... 9 Retention/Detention Requirements .................................................... 9 Santa Cruz River Levee Assessment ................................................. 9 Fire Protection .................................................................................... 9 Cooperation and Alternative Dispute Resolution ..................................... 9 3.1 Appointment of Representatives ........................................................ 9 3.2 Timing ................................................................................................ 10 3.3 Default; Remedies .............................................................................. 10 3.4 Mediation ........................................................................................... 10 3.5 Arbitration .......................................................................................... 10 Protected Development Rights ................................................................... 11 4.1 Purpose ............................................................................................... 11 4.2 Future Impact Fees ............................................................................. 11 Notices and Filings ........................................................................ ~ .............. 11 5.1 Manner of Serving ............................................................................. 11 General Terms & Conditions ...................................................................... 12 6.1 Term ................................................................................................... 12 6.2 Waiver ................................................................................................ 12 6.3 Attorneys' Fees .................................................................................. 13 6.4 Counterparts ....................................................................................... 13 6.5 Headings and Recitals ........................................................ ~ ............... 13 6.6 Exhibits .............................................................................................. 13 6.7 Ftmher Acts ....................................................................................... 13 6.8 Future Effect ...................................................................................... 13 6.8.1 Successors .............................................................................. 13 6.9 Termination Upon Sale to Public ...................................................... 14 6.10 No Partnership and Third Parties ....................................................... 14 6.11 Other Instxuments .............................................................................. 14 6.12 Imposition of Duty By Law ............................................................... 14 6.13 Entire Agreement ............................................................................... 14 6.14 Amendment ........................................................................................ 14 6.15 Names and Plans ................................................................................ 15 6.16 Good Standing; Authority .................................................................. 15 6.17 Severability ........................................................................................ 15 6.18 Governing Law/Arbitration ............................................................... 15 6.19 Recordation ........................................................................................ 15 6.20 No Developer Representations .......................................................... 16 6.21 Approval ............................................................................................ 16 6.22 Force Majeure .................................................................................... 16 6.23 Time of the Essence ........................................................................... 16 ii 137139.12 EXHIBIT LIST Exhibit # A B C Description of Exhibit Legal description/depiction of the property Conceptual land use plan for the property Barnett Linear Park cross-section Prepared By Developer Developer Developer i 137139.12 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement") is made by and between the TOWN OF IVrlARANA, ail Arizona municipal corporation (hereinafter "Town"), STEWART TITLE AND TRUST OF TUCSON, an Arizona corporation, as Trustee trader Trust No. 3240 (hereinafter the "Owner"), and MONTEREY HOMES CONSTRUCT~)N, INC., an Arizona corporation (hereinafter "Developer"). Town, the Owner and Developer are referred to herein collectively as the "Parties." RECITALS: A. Owner owns approximately 154 acres of real property within the corporate limits of the Town, as legally described and depicted on Exhibit "A' attached hereto (the "Property"). B. Developer is the future developer of the Property. Developer intends to construct a single-family residential subdivision, approximately six acres of commercial uses, and remaining park/recreation/open space on the Property. A conceptual land use plan for the Property is attached hereto as Exhibit "B" (the "Concept Plan"). C. The Property is located within the Rancho Marana Specific Plan area, as approved and adopted by the Town pursuant to Marana Ordinance No. 90-04, on February 6, 1990 (the "Specific Plan"). The Specific Plan does not require amendment in order for the Property to be developed as proposed by Developer in the Concept Plan. D. As depicted in the Concept Plan attached hereto as Exhibit "B", the Property is divided generally into seven blocks of which Developer intends to develop Blocks 1, 2, 3 and 4 for medium density residential uses, and Blocks 5, 6 and 7 for future commercial uses which may be converted to residential uses through the appropriate Town procedures. All of the proposed uses on the Property are permitted under the zoning established in the Specific Plan. E. Developer is in the process of preparing for Town review and approval a block plat for the Property (the "Block Plat") which shall include certain conditions agreed to as between Developer and Town staff. Subsequently, Developer shall also submit for Town approval a preliminary plat (the "Preliminary Plat"), a final plat (the "Final Plat") and infrastructure improvement plans (the "Improvement Plans") for the development Blocks as generally depicted in the Concept Plan attached hereto as Exhibit "B". F. The future development of the Property shall be subject to, among other things, (i) the Concept Plan, attached hereto as Exhibit "B", (ii) the Specific Plan, (iii) the Marana General Plan, (iv) the Northwest Marana Area Plan (the "NWMAP") (as applicable), (v) the Marana Development Code (including the 1 13713912 written rules, regulations, procedures and other policies relating to development of land, whether adopted by the Mayor and Council or by Town staff) (the "MDC"), (vi) conditions of the Block Plat (if any), (vii) conditions of the Preliminary and Final Plats as detailed in the Plat Resolution (if any), and (viii) the Improvement Plans (collectively, the "Development Parameters"), collectively establishing, among other things, the type of land uses, location, density and intensity of such land uses, and community character of the Property, and providing for, among other things, the development of a variety of housing, recreation/open space and commercial opportunities. G. The Parties desire that the Property shall be developed in accordance with the Development Parameters, as amplified and supplemented by this Agreement as such Agreement may be amended from time to time. The Panics acknowledge that this Agreement is intended to be consistent with the foregoing, and operates to the benefit of the Town, the Owner, Developer and the public. H. The Parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05, in order to facilitate the development of the Property by providing for, among other things, conditions, terms, restrictions and requirements for the construction and installation of public infrastructure as more particularly described herein, the phasing over time of construction or development on the Property, and other matters related to the development of the Property. I. Developer is working with the Cortaro-Marana Irrigation District ("CMID") to enter into a formal agreement concerning the maintenance of the necessary irrigation system, well sites and other structures. J. The Parties acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents by, among other things, requiring development of the Property consistent with the Development Parameters. Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth herein, the Parties hereto state, confirm and agree as follows: AGREEMENT: 1. Development Plans. 1.1. Development in Accordance with t he Development Parameters. The Property shall be developed in accordance with the Development Parameters (as defined herein) which sets forth the basic land uses, densities and intensities of such land uses as presently authorized for the Property and development regulations related thereto. Upon compliance by Developer with the applicable development review and approval procedures as set forth in the Development Parameters, including the phasing as proposed in the Concept Plan attached hereto as 2 Exhibit "B"., the Town agrees to approve or issue such permits, plans, specifications, and/or plats of or for the Property as may be requested by the Developer and which are consistent with the Development Parameters. 1.2. Plat Approvals. Initially, Developer will submit to the Town a Block Plat which shall include the resubdivision of Lots 1 through 164 and Blocks 1 through 7. Developer will subsequently submit a Preliminary Plat and the Final Plat for the development Blocks as depicted generally in the Concept Plan attached hereto as Exhibit "B", in substantial conformance with the Block Plat. The Town agrees to review all the plat submissions expeditiously and in good faith, and to work diligently with Developer toward all plat approvals. 1.3. Plat Conditions. Developer agrees to fulfill the conditions (if any) outlined in the Preliminary Plat or Final Plat and otherwise provided in the Development Parameters and as may be clarified by this Agreement for the Property. 1.4. Development Standards. Developer shall be permitted to develop residential lots and single family detached homes on the Property under the following development standards: 1.4.1. Blocks 1, 2 and 4 (as depicted on the Concept Plan attached hereto as Exhibit "B'). 1.4.1.1. Minimum lot size. The minimum lot size for a single family detached home shall be 6,000 square feet. 1.4.1.2. Distances between homes. There shall be a minimum distance of (i) 10 feet between single family detached homes of up to 25 feet in height; and (ii) 20 feet between single family detached homes over 25 feet in height. 1.4.1.3. Town residential design requirements. Developer shall comply with Section 08.06 of the Marana Land Development Code for Blocks 1, 2 and4. 1.4.2. Block 3 (as depicted on the Concept Plan attached hereto as Exhibit "B"). 1.4.2.1. Minimum lot size. The minimum lot size for a single family detached home shall be 4,500 square feet. 1.4.2.2. Distances between homes. There shall be a minimum distance of 10 feet between single family detached homes. 1.4.2.3. Number of stories. There shall be no limitation on the construction of two-story homes of up to 25 feet in height. 3 2. Infrastructure Improvements. 2.1. Regional Public Infi'astructure. The public infrastructure described in Section 2 of this Agreement will be provided by Developer in order to serve the planned development of the Property, but will also facilitate and support the ultimate development of the larger land area that includes the Property (the "Regional Public Infrastructure"). The Town acknowledges that portions of the Regional Public Infrastructure will be provided as part of the early phases of development of the Property, prior to the time when such public infrastructure facilities and services would otherwise be required to serve completed phases of the development within the Property and, therefore, prior to the time Developer might otherwise be required to provide or contribute to the cost of same and prior to the time the expense of such public infrastructure facilities and services othenvise would be justified by the phasing of development of the Property. Developer is willing to provide the Regional Public Infl:astmcture earlier than othenvise required for its private development of the Property, and to have such Regional Public Infrastructure utilized to facilitate and support development of the larger land area that includes the Property only if Developer can complete development of the Property as provided for in this Agreement. The Town acknowledges this commitment by Developer and will reasonably cooperate to allow this development to proceed pursuant to this Agreement. 2.2. Water Utilities. The Town's Marana Municipal Water System will provide water service to the Property. Developer and the Town are currently negotiating a "Water Service Agreement," which sets forth the varions agreements of the Parties relating to, among other things, the development, construction, dedication, ownership, and design of the water system which shall serve the Property, and the maximum per lot fee to be charged for water connections. This Water Service Agreement shall be entered into prior to recordation of the Final Plat for the Property. The Town will act on the Water Service Agreement as soon as reasonably possible. 2.2.1. Non-Potable Water. Developer shall construct and install a non-potable water delivery system to individual lots on the Property. The Town shall not require the installation of individual non-potable water meters for each lot. Instead, the Town shall only require Developer to install a single master non-potable water meter for each B lock of lots, homes or residences. Additionally, Developer may be required to install additional non-potable water meters for those areas designated as "common areas" on the Preliminary Plat. 2.2.2. Transfer of Grandfathered Water Rights. The Owner shall transfer to the Town, as prescribed by the Arizona Department of Water Resources, the Irrigation Grandfathered Rights ("IGR") Type I or Type I/water rights, if any, on lands deeded to the Town pursuant to the Certificate of Grandfathered Water Rights. On lands not deeded to the Town, extinguishment credits, if any, will be transferred to the Town on the appropriate Department of Water Resources form. In exchange, the Town shall provide designation of assured water supply and water service to the 4 Property. The Parties shall determine if the transfer of such IGR Type I or Type II water rights is required and further identify and describe the nature of the rights to be transferred as part of the preparation of the Water Service Agreement. 2.3. Transportation Improvements. 2.3.1. Tangerine Farms Road. Developer shall dedicate a 250-foot right-of-way to the Town for Tangerine Farms Road at the time of approval of the Final Plat. 2.3.1.1. Construction Obligation. Developer shall construct a new segment of Tangerine Farms Road running from Moore Road to Barnett Road, consistent with t he c ross-section o f Tangerine Farms Road included a s part o f t he Concept Plan attached as Exhibit "B'. Construction shall include the shoulder, 100- foot buffer with landscaping, a trail and drainage facilities along the east side of Tangerine Farms Road, the shoulder and landscape buffer along the west side of Tangerine Farms Road, and the landscaped median strip (collectively the "Tangerine Buffer Improvements"). 2.3.1.2. Phasing. Developer shall construct Tangerine Farms Road, including the construction of the Tangerine Buffer Improvements, in a minimum of two phases, or as required and necessary to serve adjacent Blocks of the Property to be developed. The first phase of construction shall include that portion of Tangerine Farms Road from Moore Road north to Clark Farms Boulevard that will be adjacent to and include Blocks 1 and 2 of the development and shall be completed prior to the issuance of the 100th building permit. The second phase of construction shall include the balance of Tangerine Farms Road and shall be completed prior to the release o f t he assurances posted t o assure completion o f t he improvements s et forth on the final plat for each development Block as depicted generally on the Concept Plan. 2.3.2. Clark Farms Boulevard. Developer shall dedicate a 90-foot right-of-way to the Town for Clark Farms Boulevard at the time of approval of the Final Plat. 2.3.2.1. Construction Obligation. Developer shall construct Clark Farms Boulevard from Sandario Road to the western boundary of the Property, consistent with the cross-section of Clark Farms Boulevard included as part of the Concept Plan attached as Exhibit "B". Construction shall include the shoulder and landscape buffer along both the north and south sides of the roadway (collectively the "Clark Farms Buffer Improvements"). 2.3.2.2. Phasing. Developer shall construct Clark Farms Boulevard, including the construction of the Clark Farms Buffer Improvements, in a minimum of two phases, or as required and necessary to serve adjacent Blocks of the Property to be developed. The first phase of construction shall include that portion of Clark Farms Boulevard from Sandario Road west to Tangerine Farms Road that is 5 137139.12 adjacent to and includes Blocks 1 and 3 of the development and shall be completed prior to the issuance of the 100t~ building permit. The second phase of construction will include the balance of Clark Farms Boulevard and shall be completed prior to the issuance of the 400t~ building permit. 2.3.3. Moore Road. Developer will dedicate to the Town a maximum additional 95-foot right-of-way for Moore Road along the southern boundary of the Property at the time of Final Plat approval and shall construct such mm bays and tapers as may be warranted by Developer's traffic impact study for the Property contemporaneously with each development Block contiguous to Moore Road. Such mm bays and tapers will be completed prior to the release of the assurances posted to assure completion of the improvements set forth on the final plat for each development Block as depicted generally on the Concept Plan. The Town shall not require Developer to install or construct any other improvements in couneetion with Moore Road or with the additional 95-foot fight-of-way dedication for Moore Road except as provided in this Section 2.3.3. 2.3.3.1. CMID Canal Relocation. If required by separate agreement with the CMl]), the CMID canal currently located at the southern boundary of the Property adjacent to Moore Road will be relocated by Developer into a pipeline that will be placed within the additional 95-foot fight-of-way along Moore Road along the southern boundary of the Property in a location that is acceptable to the Town and the CMID. 2.3.4. Barnett Road Channel. Developer shall excavate the Barnett Road Channel where it runs along the northern boundary of the Property, including a grade crossing at Tangerine Farms Road, as depicted on Exhibit "B", concurrently with the development of any Block of the Property adjacent to the Barnett Road Channel. Such improvements shall be completed prior to the release of the assurances posted to assure completion of the improvements set forth on the final plat for each development Block as depicted generally on the Concept Plan. Developer s hall b e p emitted t o u se t he material excavated from t he Barnett Road Channel. The Town shall not require Developer to construct a bridge, a crossing structure or drainage structures in connection with the Barnett Road Channel. 2.3.5. Improvement Obligations. 2.3.5.1. Proportionate Share. Except as otherwise provided in this Section 2.3.5, completion of the improvements described in Section 2.3 is deemed to satisfy the Specific Plan requirement that Developer contribute its proportionate financial share to regional transportation improvements. 2.3.5.2. Contributions. Developer has agreed to construct 100% of Tangerine Farms Road as provided in Section 2.3.1 which shall become part of the Town's Regional Public Infrastructure as defined in this Agreement and shall provide a beneficial use to the Town beyond that provided to the future residents of the Property. The Parties acknowledge that Developer's construction of 6 137139.12 approximately 50% of Tangerine Farms Road is reasonably related to and intended to offset the burden that the development of the Property imposes on the Town. The Parties further acknowledge that Developer's ennstruction of the remaining approximately 50% of Tangerine Farms Road exceeds the improvements reasonably related to the burden that the development of the Property imposes on the Town. Accordingly, notwithstanding any T own requirements t o the contrary, t he value o f Developer's construction and dedication of the remaining approximately 50% of Tangerine Farms Road, as provided in Section 2.3.1, shall be deemed to be a contribution made by Developer toward the capital costs of necessary public services as such may be identified by the Town in connection with transportation impact fees or assessments that are currently in effect or that may be adopted by the Town to be imposed or assessed upon the Property, including without limitation a uniform regional transportation impact fee, and shall be credited to Developer pursuant to A.R.S. § 9-463.05. Such impact fees or assessments shall be assessed at the time of issuance of building permits. 2.3.6. Dedication; Acceptance. Upon construction and dedication by Developer of the improvements as provided in this Section 2.3, the Town shall accept dedication of such improvements and assume all maintenance, repair and replacement obligations for such improvements, except for any areas that may be used for drainage from the Property. 2.4. Recreation Improvements. It is Developer's intention, which the Town acknowledges and relies upon, to incorporate significant open space, recreational and drainage improvements, including (i) neighborhood pocket parks located and constructed at Developer's discretion on the Property, (ii) the Tangerine Buffer Improvements, and (iii) landscaping in, on and around the Barnett Road Channel, and a regional trail located within the Barnett Road Channel as described herein (the "Barnett Linear Park") that shall be incorporated into the Town's regional park system. The neighborhood pocket parks, the Tangerine Buffer Improvements, the Barnett Road Channel landscaping and the Barnett Road Linear Park shall be referred to collectively as the "Recreation Improvements." The Recreation Improvements s hall b e reviewed and approved b y t he T own P arks and Recreation Director and Development Services Administrator in consultation with Developer. 2.4.1. On-Site Recreation Improvements. Developer shall construct a series of neighborhood pocket parks to provide 185 square feet of on-site park improvements for every residence which neighborhood pocket parks shall be completed prior to the release of the assurances posted to assure completion of the improvements set forth on the final plat for each development Block as depicted generally on the Concept Plan. At Developer's option, subject to Town approval, certain neighborhood pocket parks may be located in the Barnett Road Channel or within other excess right-of-way for Tangerine Farms Road, Clark Farms Boulevard or Moore Road and immediately adjacent to the development Block to which it shall provide recreational uses. The neighborhood pocket parks shall be dedicated to the Town only if they are located in the Barnett Road Channel or within other excess 7 137139.12 right-of-way for Tangerine Farms Road, Clark Farms Boulevard or Moore Road, in which case Developer agrees to dedicate such neighborhood pocket parks but agrees to retain ail maintenance, repair and replacement [and insurance?] obligations for such neighborhood pocket parks. 2.4.2. Off-Site Recreation Improvements. The Tangerine Buffer Improvements (as described herein) and the Barnett Linear Park and Barnett Road Channel landscaping (collectively the "Off-Site Recreation Improvements") comprise approximately 12.7 acres. Developer's construction and dedication of the Off-Site Recreation Improvements and the real property on which they are located is deemed to satisfy certain Town dedication and enntribution requirements as further discussed below. 2.4.2.1. Barnett Linear Park. The Barnett Linear Park consists of approximately 6.9 acres and will include landscaping and trail improvements, a cross-section depiction of which is attached as Exhibit "C". These improvements shall be constructed concurrently with the development of any Block of the Property adjacent to the Barnett Linear Park and shall be completed prior to the release of the assurances posted to assure completion of the improvements set forth on the finai plat for each development Block as depicted generally on the Concept Plan. Upon construction and dedication by Developer of the Barnett Linear Park and its improvements as provided in this Section 2.4.2.1, the Town shall accept dedication of the Barnett Linear Park and its improvements and assume all maintenance, repair and replacement obligations, except for any areas that may be used for drainage from the Property. 2.4.2.2. Dedication. The Town has established the following formula to determine the amount of land to be developed and dedicated for the purpose of off-site park or recreation improvements: six (6) acres of developable park land per 1000 residents at 2.67 people per residence. Because Developer intends to develop approximately 600 residences on the Property, Developer is required to develop and dedicate 9.6 acres of developable park land. Developer's agreement to develop and dedicate a total of 12.7 acres of developable park land shall be deemed to satisfy the Town's dedication requirement as described in this Section 2.4.3.2. The Town further acknowledges that Developer is providing an excess of 3.1 acres of developable park land. 2.4.2.3. Contributions. The Town has also established a requirement that a developer shall make a contribution or shall provide park and trail system improvements with a totai vaiue equivalent to $1,000 for every residence developed. The Off-Site Recreation Improvements shall have a vaiue of approximately $532,000.00 Additionaily, the additional 3.1 acres of developable park land that Developer intends to develop and dedicate to the Town has a vaiue of approximately $172,000.00. Accordingly, Developer shall be deemed to satisfy the Town's enntribution requirement as described in this Section 2.4.3. 8 2.4.3. Future Improvement Obligations. The construction (and dedication where applicable) of the Recreation Improvements located both on-site and off-site pursuant to this Section 2.4 is reasonably related to and intended to offset the burden that the development of the Property imposes on the Town. To the extent that the value of the Recreation Improvements, including dedicated real property and the physical improvements constructed thereon, exceeds the Town's current on-site and off-site recreation, open space or park improvement requirements, contributions, impact fees or assessments, the Town shall grant to Developer a credit against any and all future on-site and off-site recreation, open space or park improvement requirements, contributions impact fees or assessments that may be adopted by the Town to be imposed or assessed upon the Property and all the subdivisions within the Property consistent with A.R.S. § 9-463.05. 2.5. Retention/Detention Requirements. The construction and dedication of the Off-Site Recreation Improvements as described in this Agreement shall satisfy all retention requirements for the residential portion of the Property, except for approximately 28.5 acres of additional retention area required as shown on the Concept Plan. Upon the Town's completion of the Barnett Linear Park channel outside the Property and providing positive drainage into the Santa Cruz River, retention requirements will not be imposed on the Property. 2.6. Santa Cruz River Levee Assessment. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99-02, Developer shall pay to the Town an assessment of $500 an acre for the 154 acres of the Property totaling approximately $77,000, as Developer's fair share contribution to the construction costs associated with the lower Santa Cruz River Levee. 2.7. Fire Protection. Prior to issuance of the certificate of occupancy for any dwelling unit, Developer shall complete the process of having the Property annexed into a fire district if the Property is not already so annexed. The fire district must be capable of providing fire prevention, fire suppression and other emergency services, and must be approved by the Town, which approval shall not be unreasonably withheld. 3. Cooperation and Alternative Dispute Resolution. 3.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town, the Owner and the Developer each s hall designate a nd appoint a representative t o a ct a s a 1 iaison between the Town and its various departments and the Owner and/or the Developer. The initial representative for the Town (the "Town Representative") shall be the Planning Director, the initial representative of the Owner shall be Greg Wexler and the initial representative for the Developer shall be Lisa S. Hoskin or a substitute representative 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. 9 137139.12 3.2. Timing. The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials") submitted by Developer and/or the Owner 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. 3.3. Default; Remedies. If any party hereto defaults (the "Defaulting Party") with respect to any of such party's obligations hereunder, then any other patty hereto (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in Section 6.1 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 (20) days from the date of such notice within which to correct such default if it can reasonably be corrected by the payment of money, or (ii) sixty (60) days from the date of such notice to cure such default if action other than the payment of money is reasonably required, or if any such non- monetary default cannot reasonably be cured within sixty (60) days, then such longer period as may be reasonably required, provided and so long as such cure is promptly commenced within such period and thereafter diligently prosecuted to completion. If any such default is not cured within the applicable time period(s) set forth above in this Section 3.3, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in Sections 3.4 and 3.5. The Parties hereto 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 Prupetty to the condition which existed 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 Section 3.3 shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 3.4. 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 mediation before commencement of arbitration. The mediation shall be held under the commemial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by the Parties. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Parties 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 Parties. The results of the mediation shall be nonbinding on the Paxties, and any Party shall be free to initiate arbitration after the moratorium. 3.5. Arbitration. After mediation pursuant to Section 3.4, any dispute, controversy, claim or cause of action arising out of or relating to this 10 Agreement shall be settled by submission of the matter by the 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 judgraent upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. [DOES THIS MEAN NO LAWSUIT IS PERMITTED? commence an action at law or in equity in the Pima County Superior Court] 4. Protected Development Rights. 4.1. Purpose. Developer has made a substantial commitment of resources for public and private improvements such as but not limited to the water system, Recreation Improvements and transportation improvements. One of the purposes of this Agreement is to establish legally protected rights for the development of the Property in a manner which is consistent with the Development Parameters and this Agreement in order to ensure reasonable certainty, stability and fairness to the Developer and the Town over the t*sm of this Agreement. Toward this end, Developer, the Owner and the Town agree that the zoning designations and land use provisions established by the Rancho Marana Specific Plan and the Development Parameters, including but not limited to the permitted uses, density and intensity of uses, and maximum height and size of buildings, shall remain in effect and shall not be changed without the agreement of the Owner and Developer for eight (8) years following the Effective Date of this Agreement. 4.2. Future Impact Fees. In consideration for the transportation improvements described in Section 2.3 and the recreation improvements described in Section 2.4 and funded and/or constructed by Developer pursuant to this Agreement, in the event that the Town adopts an impact fee for the same infrastructure for which Developer has contributed land and/or made improvements and/or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to a credit for such contributions as set forth in A.R.S. § 9-463.05. 5. Notices and Filings. 5.1. Manner of Serving. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith 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 either patty hereto may from time to time designate in writing and deliver in a like manner): The Town: Town of Marana Planning Director 13251 N. Lon Adams Road Marana, Arizona 85653 11 13713912 With a copy to: Town of Marana Town Attorney 13251 N. Lon Adams Road Marana, Arizona 85653 Owner: Stewart Title and Trust of Tucson as Trustee under Trust No. 3240 Attention: 3939 East Broadway Tucson, Arizona 85711 Developer: Monterey Homes Construction, Inc. Attention: Lisa S. Hoskin 4742 North Oracle Road, Suite 111 Tucson, Arizona 85705 With a copy to: Mary Beth Savel Lewis and Roca, LLP One South Church Ave., Suite 700 Tucson, Arizona 85701-1611 6. General Terms & Conditions. 6.1. Tenn. This Agreement shall become effective upon its execution by all the Parties and the taking effect of a duly adopted resolution of the Town's governing body approving the Agreement (the "Effective Date"). The term of the Agreement shall commence upon 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 twenty (20) years from the date of this Agreement. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written acknowledgment executed by the Parties. 6.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town, the Owner or 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. 12 137139.12 6.3. Attomeys' Fees. In the event any party hereto finds it necessary to bring an action at law or other proceeding against any other party to enfome any of the terms, covenants or conditions hereof, or by reason of any breach of default hereunder, the party prevailing in any such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party, and in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. 6.4. 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 fi:om one or more counterparts m ay b e removed from such counterparts and sueh signature p ages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 6.5. Headings and Recitals. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. The Recitals set forth at the beginning of this Agreement are hereby acknowledged and incorporated herein and the Parties hereby confirm the accuracy thereof. 6.6. Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same fome and effect as if fully set forth in the body hereof. 6.7. Further Acts. Each of the Parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, fi:om time to time, to carry out the matters 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 Owner, Developer and their successors. 6.8. Future Effect. 6.8.1. Successors. All of the provisions hereof shall inure to the benefit of and be binding upon the successors, assigns and legal representatives of the Parties hereto, except as provided in Section 6.9 below. To the extent permitted by law, Developer's rights hereunder may be fi:eely assigned by a written instrument recorded in the Official Records of Pima County, Arizona, expressly assigning such rights. Notwithstanding the foregoing to the contrary, obligations of Developer hereunder shall be binding upon anyone owning any right, title or interest in the Property, provided such obligation has been specifically assumed in writing and such writing has been recorded in the Official Records of Pima County, Arizona. The Town understands that Developer may create one or more entities or subsidiaries wholly owned or controlled by Developer for purposes of carrying out the development of the Property as contemplated in this Agreement. In the event of a 13 complete assignment by Developer of all fights and obligations of Developer hereunder, Developer's liability hereunder shall terminate effective upon the assumption by Developer's assignee. 6.9. Termination Upon Sale to Public. It is the intention of the Parties that although recorded, this Agreement shall not create conditions or exceptions to title o r covenants running with t he 1 and unless specifically noted otherwise i n t his Agreement. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end purchaser or user thereof and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 6.10. 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 Developer, the Owner 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 hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 6.11. Other Instruments. Each party hereto shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instnlments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 6.12. Imposition of Duty By Law. This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 6.13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understanding of the Parties, oral or written, are hereby superseded and merged herein. 6.14. Amendment. The Parties shall cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the Development Parameters, and to facilitate the development of the Property in light of any changes in development requirements, including an extension of the term of this Agreement as provided in Section 6.1. If Developer or the Owner determines that it would be beneficial to amend this Agreement to include adjacent lands owned by Developer or the Owner, the Town agrees to consider in good faith such amendment. All amendments to this Agreement shall be in writing and, if approved, must be signed by all appropriate Parties. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded by, and at the expense of, the party requesting the amendment, in the Official Records of Pima County, Arizona. 14 137139.12 6.15. Names and Plans. Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of 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 fights 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. 6.16. Good Standing; Authority. Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to Developer that it is an Arizona municipal corporation duly qualified to do business in the State of Arizona and is in good standing under applicable state laws. Each of the Parties hereto represents and warrants to the others that the individual(s) executing this Agreement on behalf of the respective Parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 6.17. Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform any act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action specified hereunder, Developer and/or the Owner shall be entitled to terminate this Agreement. 6.18. Governing Law/Arbitration. 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. In particular, this Agreement is subject to the provisions of A.R.S. § 511. This Agreement has been negotiated by the Town and 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. 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 thereof. 6.19. Recordation. No later than ten (10) days after this Agreement has been executed by the Town, the Owner and Developer, the Town shall record the Agreement in its entirety in the Official Records of Pima County, Arizona. 15 137139.12 6.20. No Developer Representations. Except as specifically set forth herein, nothing contained herein shall be deemed to obligate the Town, the Owner or Developer to complete any part or all of the development of the Property. 6.21. 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. 6.22. Force Maieure. If any party hereto shall be unable to observe or perform any covenant or condition herein by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default hereunder 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 here, 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 mind of the 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; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; dmughts; floods; arrests, restraints o f government and o f people; 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 judgement of the party hereto unfavorable to such party, shall not constitute failure to use its best efforts to remedy such a condition. 6.23. Time of the Essence. Time is of the essence in this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year written below. Date: ATTEST: TOWN OF MARANA an Arizona municipal corporation Town Clerk By. Mayor Bobby Sutton, Jr. 16 APPROVED AS TO FORM AND AUTHORITY The foregoing Agreement has been reviewed by the undersigned attorney who has determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona to the Town of Marana. Frank J. Cassidy, Esq. Attorney for Town of Marana STATE OF ARIZONA County of Pima The foregoing document was sworn to and acknowledged before me the __ day of ,2004, by Bobby Sutton, Jr., in his capacity as Mayor of the Town of Marana, an Arizona municipal corporation.. My Commission Expires: Notary Public 17 137139.12 Date: Marana 154 Limited Partnership, an Arizona limited liability partnership By Stewart Title and Trust of Tucson, an Arizona corporation, as Trustee under Trust No. 3240 By STATE OF ARIZONA ) ) SS, County of ) The foregoing document was sworn to and acknowledged before me the day of , 2004, by , of Stewart Title and Trust of Tucson, an Arizona corporation, in its capacity as Trustee under Trust No. 3240 only, on behalf of the corporation. My Commission Expires: Notary Public 18 13719912 Date: Monterey Homes Construction, Inc., an Arizona corporation By Lisa S. Hoskin Its STATE OF ARIZONA ) County of ) The foregoing document was sworn to and acknowledged before me the day of ,2004, by Lisa S. Hoskin, of Monterey Homes Construction, Inc., an Ar/zona corporation, on behalf of the corporation. My Commission Expires: Notary Public 19 137139.12 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 17, 2004 AGENDA ITEM: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Executive Session pursuant to A.R.S. § 38-431.03(A)(4) to consider the Town's position and instruct the Town Attorney regarding the condemnation case Town of Marana v. Continental Ranch Com- munity Association, Pima County Superior Court Case No. C20035689 DISCUSSION To be provided in Executive Session. RECOMMENDATION None. SUGGESTED MOTION I move that we go into Executive Session as requested by the Town Attorney. {00000143.DOC/} FJC/cds 8/6/04 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF M~kRANA August 17, 2004 MAYOR AND COUNCIL Frank Cassidy AGENDA ITEM: Authorization to settle the condemnation case, Town of Marana, Continental Ranch Community Association, Pima County Supe- rior Court No. C20035689. DISCUSSION The Town filed a condemnation case on October 10, 2003, to acquire two common areas located adjacent to the Santa Cruz River for the construction of the Santa Cruz River Shared-Use Path and associated landscaping and other amenities. The Town commissioned an appraisal report by Baker, Peterson, Baker & Assoc., who appraised the property the Town is taking at $86,900. The Town Attorney's Office believes the appraisal approach was flawed, for reasons explained in the Executive Session item which accompanies the Council's consideration of this settlement. Nevertheless, for the reasons discussed in Executive Session, the Town Attorney's Office be- lieves that the Continental Ranch Community Association's offer to settle this case for $81,900 should be accepted. If the settlement proposal is not accepted, immediate steps will need to be taken to set this case for trial and to proceed with this litigation. RECOMMENDATION Town staff recommends that this condemnation case be settled for $81,900. SUGGESTED MOTION I move to authorize the Town Attorney to accept the Continental Ranch Community Associa- tion's offer to settle the condemnation case entitled Town of Marana v. Continental Ranch Community Association for $81,900. {00000142.DOC/} FJC/cds 8/6/04