HomeMy WebLinkAboutResolution 2007-191 wildlife linkage study along twin peaks road over rattlesnake passMARANA RESOLUTION NO. 2007-191
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING AN INTERGOVERN-
MENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY
AND THE TOWN OF MARANA FOR WILDLIFE LINKAGE STUDY ALONG TWIN PEAKS
ROAD OVER RATTLESNAKE PASS.
WHEREAS A. R. S. § 48-530 1, et seq., authorizes the Regional Transportation Authority to
act as a regional taxing authority for the purpose of funding multi-model transportation operations
and improvements identified in the Regional Transportation Planapproved on May 16, 2006; and
WHEREAS The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to admin-
ister and distribute the regional transportation funds to the members of the Authority and to sell
bonds in furtherance of that purpose to fund those projects or programs identified in the Plan; and
WHEREAS the Town of Marana and the Authority wish to cooperate in the study of
wildlife linkage along Twin Peaks Road between Quarry Road and Silverbell Road South; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
both Pima County and the Town of Marana to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Intergovernmental Agreement between the Town of Marana and
Pima County Regional Flood Control District attached to and incorporated by this reference in this
resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and
on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
6th day of November, 2007.
Mayor- Ed Honea
ATTEST:
C. B?nson, To?n Clerk
OF A4,q V.*,
t SEAL R
;?p
0
00. VeS4111 Np
;PIP r
,n Attorney
CIH 10126107
Regional Transportation Authority of Pima County
Exhibit A
1 RTA Ballot/Project Number: RTA-32A
2 RTA Plan Element: Wildlife Linkages
3 RTA Plan Sub-Element (if applicable):
4 TIP Project Number: 1.06
5 Project Name:
6 Work Phase Covered by this Exhibit:
(check all that apply)
Twin Peaks Road (Quarry Road to Silverbell
Road South)
Wildlife Linkages Research
Planning x
Design
Right of Way
Construction
Project Management
Environmental/Other I x =
7 Project Manager Information (person responsible for status reports):
Name: Scott Leska
Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653
Telephone Number: 382-2600
Fax. Number: T82-2641
Email Address: sleska@marana.com
8 Authorized Representative(s) (for signing & submitting pay requests):
Name: Barbara Johnson
Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653
Telephone Number: 382-2600
Fax. Number: 382-2641
Email Address:
Name:
Mailing Address:
Telephone Number:
Fax. Number:
Email Address:
9 Map of Project Limits Attached?
b*ohnson@marana.com
Ryan Benavides
11555 W. Civic Center Drive, Marana, AZ 85653
382-2600
382-2641
rbeflavidesCEDma ana.corn
Attached
1 of 3
I
Regional Transportation Authority of Pima County
Exhibit A
10 Narrative Description of Project Scope,
including improvements to be made
and project intent (discuss how
project will address problematic areas):
11 Total maximum amount of Authority
funding allowed for the Project or Project
component under this Exhibit:
The Town of Marana proposes a research study to inform the design
team regarding the best wildlife mitigation options for this road expansion
(such as appropriate placing and types of culverts, fencing, median
design, visibility issues and speed limits). Without factoring in and
providing appropriate wildlife mitigation features, the new four lane road
will become a significant barrier to wildlife movement and result in
extensive wildlife habitat fragmentation. This proposal will fund research,
to be conducted by the Arizona Game and Fish Department, to
determine the existence and location of wildlife movement corridors
along the project length and to provide recommendations on appropriate
mitigation features.
$20,882
12 Project Budget (current year dollars): In-Pouse Outsourced Total ---I
Planning $0
Design $0
Right of Way $0
Construction $0
Project Management $0
Environmental/Other $20,882 -$20,882
Total Project Budget (all funding sources): $0 $20,882 $20,882
13 Project Budget by Funding Source
RTA
Non-RTA -1
-7
Total
Planning $0
Design $0
Right of Way $0
Construction $0
Project Management $0
Environmental/Other $20,882 $20,882
Total Project Funding (must equal no. 11) $20,882 $0 $20,882
14 Funding Sources (current year dollars):
RTA $20,882
STP
12.6 Funds
2.4 Funds
Impact Fees
Bond Funds
General Fund
Fare Box Revenue i
FTA Funds
Other
Total Funding Sources (must equal no. 11): $20,882
2 of 3
Regional Transportation Authority of Pima County
Exhibit A
15 Identify other project components not covered by this agreement (if any):
planning & design, ROW acquisition, construction,
project management, and other project related activities.
16 Estimated study start date and duration of
construction: July, 2007; 6 months
17 Expected Reimbursement Schedule:
(related to this exhibit amount only)
January
February
March
April
May
June
July
August
September
October
November
Calendar Year
2007
December $20,882
Total $20,882
Calendar Year Calendar Year
2008 2009
$0
$0
3 of 3
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: CKB
DEPUTY RECORDER VOT
8046 PE3
RTAUT
REGIONAL TRANSPORTATION AUTHORITY AV
177 N CHURCH AVE 405 4
TUCSON AZ 85701
ATTN: JACKI ONTIVEROS
RESOLUTION No. 2007-38
DOCKET: 13214
PAGE: 1995
NO. OF PAGES: 16
SEQUENCE: 20080020547
01/03/2008
RES 15:56
PICKUP
AMOUNT PAID $ 12.50
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PIMACOUNTY REGIONAL
TRANSPORTATION AUTHORITY ADOPTING AN INTERGOVERNMENTAL
AGREEMENT WITH THE TOWN OF MARANA FOR WILDLIFE LINKAGE STUDY
ALONG TWIN PEAKS FROM QUARRY ROAD TO SILVERBELL ROAD SOUTH RTA-
#42, A TRANSPORTATION IMPROVEMENT PROJECT
WHEREAS, the Pima County Regional Transportation Authority (the "RTA") is an
Arizona special taxing district, duly formed and existing, pursuant to A.R.S. 48-5302, et
seq., for the purposes of coordinating multi-jurisdictional cooperation in transportation
planning, improvements and fund-raising as a municipal corporation through taxation and
bonding, with the public's input and voter approval; and
WHEREAS the Town of Marana ("Lead Agency") is a body politic and corporate of
the State of Arizona; and
WHEREAS, pursuant to A.R.S. 48-5309 (A), the RTA adopted, and the voters
approved, a twenty-year, comprehensive, multi-modal regional transportation plan (the
"Plan"); and
WHEREAS, the Lead Agencyand the RTAwish to cooperate in theWildlife Linkage
Study along Twin Peaks from Quarry Road to Silverbell Road South RTA-#42("the
Project"); and
WHEREAS, the Project is one of the transportation improvement projects included
in the Plan or is eligible for funding as part of a categorical program included in the Plan;
and
WHEREAS, the RTA and the Lead Agency wish to clarify their respective
responsibilities in the Project, and wish to jointly exercise their powers pursuant to A. R.S.
11-952; and
WHEREAS, pursuant to A.R.S. 48-5304 (18), the RTA has the authority to enter into
agreements to exercise its powers and carry out its responsibilities; and
WHEREAS, staff from the RTA and the Lead Agency have drafted an
intergovernmental agreement, attached hereto as Exhibit A and incorporated herein by this
reference (the "IGA"); and
RTA Resolution No. 2007 -38 Page I of 3
, i
WHEREAS, the Board of Directors of the RTA has reviewed the provisions of the
IGA and finds that adopting it is in the best interests of the RTA and is in furtherance of the
Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the RTA that
the IGA, attached hereto as Exhibit A, is hereby approved and adopted.
BE IT FURTHER RESOLVED that the Executive Director of the RTA is hereby
authorized and directed to take all steps necessary and proper to cooperate with the Lead
Agency on the Project and comply with the IGA.
PASSED AND ADOPTED by the Board of Directors of the Regional Transportation
Authority is 29th of Ovember, 2007.
Robert Walkup, Board Chal;4
Certification:
Gary Hayes, the Executive Director of the RTA, hereby certifies and attests that he has
access to the official records of the Board of the RTA, that the foregoing Resolution was
duly adopted by the Board of the RTA, at a duly noticed and public meeting, and that this
Resolution has,not been altered or amended and remains in full force and effect on the
date stated bef6w.
Gary Hayes, Exqcut?ve 5hrector
Date:
AppTy,9d as to form:
z,"'?Ihomas enavidez, Esq.
RTA Resolution No. 2007 -38 Page 2 of 3
EXHIBIT A
[intergovernmental Agreement]
RTA Resolution No. 2007 -3 8 Page 3 of 3
INTERGOVERNMENTALTRANSPORTATION FUNDING AGREEMENT
BETWEEN
THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY
AND
THE TOWN OF MARANA
FOR
WILDLIFE LINKAGE STUDY ALONG
TWIN PEAKS FROM QUARRY ROAD TO SILVERBELL ROAD SOUTH
This Agreement (hereinafter "the Agreement")'is entered into by and between the-Regional
Transportation Authority of Pima County ("RTA" or "the Authority), a special taxing district
formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town
of Marana, a body politic and corporate of the State of Arizona ("the Lead Agency") pursuant to
A.R.S. ? 11-952.
RECITALS
A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for
the purpose of funding multi-model transportation operations and improvements
identified in the Regional Transportation Plan ("the Plan") approved by the voters at the
special election held in Pima County, Arizona, on May 16, 2006.
B. The governing board of the Authority is composed of representatives of each member of
the regional council of governments in accordance with A.R.S. § 48-5303.
C. Pursuant to A.R.S. § 48-5304 (12), thegoverning board of the Authority has sole
authority to implement the elements of the Plan.
D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate
the implementation of the Plan among the local jurisdictions.
E. A Regional Transportation Fund was established by the Arizona Legislature per
A.R.S. § 48-5307 to be the repository for those fimds collected for the purpose of funding
the transportation projects identified in the Plan.
F. The Authority is authorized by A.R. S. § § 48-5304 (16) and 48-53 08 to administer and
distribute the regional transportation fimds to the members of the Authority and to sell
bonds in fintherance of that purpose to fund those projects or programs identified in the
Plan.
100006725.]DOC /11
G. The Lead Agency is authorized by A.R.S. § 9-240(3) to lay out, maintain, control and
manage public roads within the Lead Agency's jurisdictional boundaries.
H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima
County empowering the Lead Agency to perforni roadway and other improvements
outside the Lead Agency's jurisdictional boundaries.
1. The Lead Aizency and the Authority wish to cooperate in the study of wildlife linkages
along Twin Peaks Road between Quarry Road and Silverbell Road South ("the Project")
J. The Project is one of the transportation projects included in the Plan or is eligible for
funding as part of a categorical program included in the Plan.
K. The Authority intends to fund the Project under the terms and conditions contained in
this Agreement and has entered into this Agreement for that purpose.
L. It is the policy of the Authority to require that a lead agency be identified and an
intergovernmental agreement (IGA) be approved and entered into by the Authority and
the lead agency before requests for funding reimbursement or payment can be processed
by the Authority.
M. The Town of Marana has been identified as the Lead Agency for the Project and will be
responsible for all aspects of project implementation including, but not limited to,
planning, project management, risk management? design, right of way acquisition and
construction, advertisement, award, execution and administration of the design and
construction contracts for the Project.
N. The RTA's Administrative Code will control all payments and other procedures unless
otherwise specified herein.
0. The Authority and the Lead Agency may contract for services and enter into agreements
with one another for joint and cooperative action pursuant to A.R. S. § 11 -95 1, et seq.
NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in
consideration of the matters and things set forth herein, do mutually agree as follows:
AGR.EEMENT
1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for
wildlife linkage research for the Project and to address the legal and administrative matters
among the parties.
2. Project. The Project consists of a wildlife study along Twin Peaks Road between Quarry
Road and Silverbell Road South, as more fully depicted in the attached Exhibit A, including the
following:
100006725.DOC /)2
a) Detailed project scope and schedule.
b) Project budget and cost breakdown of items eligible for reimbursement by the Authority
including any proposed billing of staff time directly attributable to Project.
c) Total amount of RTA funding allowed for the Project plus a breakdown of any other
regional, local, federal or state funding available.
d) Designation of Project phases, if applicable, and any additional related agreements.
e) Estimated construction start date and duration of construction.
f) Projected cost reimbursement timeline.
g) Identification of the Lead Agency's duly authorized representative for signing and
submitting payment requests.
3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed
original with the office of the Pima County Recorder and shall continue in effect until all
improvements constructed pursuant to this Agreement are completed, all eligible reimbursement
payments to the Lead Agency are concluded, and all warranties applicable to the Project have
expired.
4. Responsibilities of the Lead Agency.
a. The Lead Agency shall be responsible for the wildlife linkage research for the
Project in accordance with this Agreement and all applicable public roadway, traffic
signal, and street lighting design and construction standards. Design Standards are
federal, state, county or municipal standards for engineering, traffic, safety or public
works facilities design. Examples of Design Standards include the American
Association of State Highway and Transportation Officials and Federal Highway
Administration standards for highway engineering and construction, the Pima
County/City of Tucson Standard Specifications for Public Improvements, the Pima
County Roadway Design Manual, October 2002 revision, the Pima County
Department of Transportation /City of Tucson Department of Transportation
Pavement Marking Design Manual, and Pima County and municipal design
guidelines for roadway lane widths and level of drainage protection.
b. If consultants or contractors are employed to perform any portion of the Project, the
Lead Agency shall be responsible for the contracts for studies and research for the
Project and shall select the consultants and contractors to be used on the Project. The
Lead Agency shall immediately provide to the Authority copies of any and all
contract documents and related materials upon request by the Authority. The Lead
Agency shall retain the usual rights of the owner of a public contract including the
authority to approve changes and make payments. However, any changes to the 41:
Project which would result in the final project cost deviating, by ten or more percent, 1.1
from the Authority's budget amount for the Project, must be approved by the 1
?0
Authority in advance of those changes being made, regardless of the fact that the
Authority will not be paying for them.
c. The Lead Agency shall be responsible for all traffic management, including public
notification, during study and research for the Project if necessary.
(00006725.DOC /)3
d. The final cost of the Project shall be that amount necessary to complete the Project
including any unanticipated work incorporated into the Project by change orders and
amendments executed by the Lead Agency. The Lead Agency shall be responsible
for all Project costs in excess of the RTA funds contributed to the Project.
e. The Lead Agency will be responsible for assuming all risks associated with the
Project except those that are assigned to another agency or jurisdiction that has
agreed to that assumption.
f, The Lead Agency shall require its contractors performing any portion of the Project
to name the Authority as additional insured and additional indemnitee in all of the
Lead Agency's construction contracts for the Project. The Lead Agency shall also
require its contractors to name the Authority as an additional beneficiary in any
performance and payment related assurances posted for the Project.
g. The Lead Agency shall be responsible for preparing and submitting to the Authority,
within the first week of each month or as otherwise specified herein, invoices for
payment signed by a duly authorized representative of the Lead Agency and which
include sufficient background information documenting payments made to
contractors, vendors or any other eligible costs identified in this Agreement or the
RTA's Administrative Code. The Lead Agency must retain and certify all vendor
receipts, invoices and any related Project records as needed and ensure that they are
available for review for a minimum of five (5) years after final payment is made
unless otherwise specified herein.
h. The Lead Agency shall be responsible for submitting a status report describing its
progress and adherence to the Project scope, schedule and budget with each request
for payment.
5. Responsibilities of Authority.
a. Upon receipt of authorized.payment requests, the Authority shall convey to the Lead
Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis
unless otherwise specified herein. All payments and reimbursements shall follow the
policies outlined in the RTA's Administrative Code.
b. Reimbursements will generally be based on the Project schedules established by the
Lead Agency and contained in Exhibit A.
c. The RTA staff will review all payment requests to confirm that the request is for
2'
reimbursement of costs incurred by the Lead Agency for the Project. If the Authority 011,
determines that additional information is needed, the Lead agency will be notified of
the request for additional information within five days of the receipt of the invoice by
RTA.
(00006725.DOC /)4
d. Upon approval of the request by RTA, the invoice will be processed for payment
within ten working days of the invoice submittal.
e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to
process all payment requests from the Lead Agency.
6. Termination. Either party may terminate this Agreement for material breach of the
Agreement by the other party. Prior to any termination under this paragraph, the party allegedly
in default shall be given written notice by the other party of the nature of the alleged default. The
party said to be in default shall have forty-five days to cure the default. If the default is not cured
within that time ' the other party may terminate this Agreement. Any such termination shall not
relieve either party from liabilities or costs already incurred under this'Agreement.
7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement
to any other party without written perinission from the other party to this Agreement.
8. Construction of Agreement.
a. Entire agreement. This instrument constitutes the entire agreement between the
parties pertaining to the subject matter hereof, and all pnor of contemporaneous
agreements and understandings, oral or written, are hereby superseded and merged
herein. Any exhibits to this Agreement are incorporated herein by this reference.
b. Amendment. This Agreement may be modified, amended, altered or changed only by
written agreement signed by both parties.
c. Construction and interpretation. All provisions of this Agreement shall be construed
to be consistent with the intention of the parties as expressed in the Recitals hereof
d. Captions and headings. The headings used in this Agreement are for convenience
only and, are not intended to affect the meaning of any provision of this Agreement.
e. Severability. In the event that any provision of this Agreement or the application
thereof is declared invalid or void by statute or judicial decision, such action shall
have no effect on other provisions and their application, which can be given effect
without the invalid or void provision or application, and to this extent the provisions
of the Agreement are severable. In the event that any provision of this Agreement is
declared invalid or void, the parties agree to meet promptly upon request of the other
party in an attempt to reach an agreement on a substitute provision.
f This Agreement is subject to the provisions, of A.R.S. § 38-511 which relates to 21.
possible conflicts of interest.
9. Ownership of Improvements. Ownership and title to all materials, equipment and
appurtenances, installed pursuant to this Agreement shall automatically vest in the Lead Agency
upon completion of the Project.
tOO006725.DOC /)5
10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or
extending the-legaijuri-sdiction-of-thr-L-ead-Agency-or-the-A-afffori.ty.------------ -
It. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this
Agreement shall be construed to, create any partnership, joint venture or employment
relationship between the parties or create any employer-employee relationship between the Lead
Agency and any Authority employees, or between Authority and any Lead Agency employees.
Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever
of the other, including (without limitation) the other party's obligation to withhold Social
Security and income taxes for itself or any of its employees.
12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not parties to this Agreement or affect the
legal liability of ei ther party to the Agreement by imposing any standard of care different from
the standard of care imposed by law.
13. Compliance with Laws. The parties shall comply with all applicable federal, state and local
laws, rules, regulations, standards and executive orders, without limitation to those designated
within this Agreement.
a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number
994 issued by the Governor of the State of Arizona are incorporated by this reference as
a part of this Agreement.
b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions
of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213)
and all applicable federal regulations under the Act, including 2 8 CFR Parts 3 5 and 3 6.
c. Workers' Compensation. An employee of either party shall be deemed to be an
"employee" of both public agencies, while performing pursuant to this Agreement, for
purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The
primary employer shall be solely liable for any workers' compensation benefits, which
may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23-906
in substantially the following form:
All employees are hereby further notified that they may be required to
work under the jurisdiction or control or within the jurisdictional
boundaries of another public agency pursuant to an intergovernmental
agreement or contract, and under such circumstances they are deemed by
the laws of Arizona to be employees of both public agencies for the
purposes of workers' compensation.
14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein
contained shall not be deemed a waiver of any other term, covenant.or condition, or any
subsequent breach of the same or any other term, covenant, or condition herein contained.
(00006725.1)OC /)6
100006725.DOC /17
REGIO;,,-T
ZZ ON AUTHORITY OF PIMA COUNTY
102 - 31 -
Robert E. Walkup, Board ChaiZ Date
TOVVN OF MARANA:
Ed H6nea' , Mayor
ATTEST:
A ?? A?? -
celyn *B/oniso?njown 'Clerk
ll-ol---a7
Date
Date
The, foregoing Agreement between the Town of Marana and the Authority has been approved as
to content and is h b commended by the undersigned.
IC12
Mr. dary44ayes/,8xeq10je Director
ATTORNEY CERTIFICATION
The foregoing Agreement by and between the Regional Transportation Authority of Pima
County and the Town of Marana has been reviewed pursuant to A.R.S. Section 11 -952 by the
undersigned who have 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.
Regional Transportation Authority of Pima County:
? -4.4 -/1'
Th mas Benavidez, Attorney for the Authority Date
4
Datp/
100006725.DOC /)9
Town of Marana:
15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any
of its obligations under this Agreement because it is prevented or delayed in doing so by reason
of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this
Agreement, any cause beyond the control of the party affected, including but not limited to
failure of facilities, breakage or accident to machinery or transmission facilities, weather
conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage,
strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or
action or non-action by governmental bodies in approving or failing to act upon applications for
approvals or permits which are not due to the negligence or willful action of the parties, order of
any government officer or court (excluding orders promulgated by the parties themselves), and
declared local, state or national emergency, which, by exercise of due diligence and foresight,
such party could not reasonably have been expected to avoid. Either party rendered unable to
fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove
such inability with all reasonable dispatch.
16. Notification. All notices or demands upon any party to this Agreement shall be in writing,
unless other forms are designated elsewhere, and shall be delivered in person or sent by mail
addressed as follows:
The Authority:
Gary G. Hayes, Executive Director
Regional Transportation Authority
177 N. Church Street, Suite 405
Tucson, AZ 85701
Town of Marana:
Barbara Johnson
Public Works Director
11555 W. Civic Center Drive
Marana, AZ 85653
17. Remedies., Either party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each
shall be cumulative and in addition to any other right or remedy existing at law or in equity or by
virtue of this Agreement.
18. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterpart may be removed from such
counterpart and attached to a single instrument.
In Witness Whereof, Town of Marana has caused this Agreement to be executed by the
Ma =r , upon resolution of theTo OriuOt-; ? attested to by the
'le, a2 4' N e r k1 and the Authority has caused this Agreement to be executed by its Chair of the
Board.
100006725.DOC /)8