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HomeMy WebLinkAboutCouncil Study Session Agenda Packet 11/03/2004 TOWN OF MARANA, ARIZONA AMENDED STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 3, 2004 - 5:30 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai 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 places. 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 fill 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 of any 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. Bronson, 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. Amended agenda items appear in italics. Posted no later than October 29, 2004 by 5:30 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. 1 TOWN OF MARANA, ARIZONA AMENDED STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 3, 2004 - 5:30 p.m. STUDY SESSION CALL TO ORDER 1. Presentation: Vanderbilt Farms (Barbara Berlin) 2. Presentation: Payson Farms (Barbara Berlin) DINNER BREAK COUNCIL MEETING I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE IlL INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of October 12, 2004 Study Session VII. 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 card (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 staff to review the matter, or may ask that the matter be placed on a future agenda. VIII. STAFF REPORTS IX. 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 2 TOWN OF MARANA, ARIZONA AMENDED STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 3, 2004 - 5:30 p.m. 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. 2004-147: Relating to Liquor Licenses; consideration of recommendation to the Arizona Department of Liquor Licenses and Control for a No. 11 (Hotel/Motel with Restaurant) liquor license submitted Coyote Moon Resort, LLC, located at 7501 N. Wade Road (Jocelyn Bronson) 2. Resolution No. 2004-148: Relating to Subdivisions; approving a final plat for Canyon Pass IV-B at Dove Mountain. (Barbara Berlin) Resolution No. 2004-149: Relating to Intergovernmental Agreements: approving and authorizing the Town to enter into an intergovernmental agreement with the Arizona Department of Environmental Quality (ADEQ) to receive grant funding for implementation of the Town's Storm Water Management Plan on a 40% non- federal match basis. (Harvey Gill) 4. Resolution No. 2004-154: Relating to Subdivisions; approving a Final Plat for Rancho Marana 154 (Barbara Berlin) B. COUNCIL ACTION 1. Progress Report, Januarr 2003-Julr 2004 (Mike ReuwsaaO 2. Relating to Personnel; approving and authorizing three additional staff positions with an estimated fiscal impact of $190,424. (Jane Howell) Resolution No. 2004-151: Relating to Parks & Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County to facilitate the planning, design and development of the Bureau of Reclamation Regional Park site within the Town of Marana (Frank Cassidy) Ordinance No. 2004.21: Relating to Real Estate; approving an exchange of real property located northwest of the intersection of Ina and Silverbell Roads; authorizing the Mayor to execute an exchange agreement with DCK Investments, Inc., and any other documents necessary to accomplish the exchange; and declaring an emergency (Frank Cassidy) o Resolution No. 2004-152: Relating to Development; approving and authorizing the Mayor to execute a Drainage Facility and Waterway Agreement with Union Pacific Railroad Company to facilitate construction of a drainage facility for the benefit of the San Lucas Development (Frank Cassidy) 6. Resolution No. 2004-155: Relating to Development; approving a Development Plan for Texas Roadhouse. (Barbara Berlin) DEVELOPMENT PLAN ATTACHED. 3 TOWN OF MARANA, ARIZONA AMENDED STUDY SESSION AND COUNCIL MEETING AGENDA 13251 N. Lon Adams Road November 3, 2004 - 5:30 p.m. C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 STUDY SESSON #1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara Berlin, Planning Director Presentation: Vanderbilt Farms Update DISCUSSION Staff will update the Town Council on the status of the Vanderbilt Farms project. RECOMMENDATION Presentation only. Presentation only. SUGGESTED MOTION jcb 9/10/04 GENERAL NOTES VANDERBIL T .BLOCKS ! THRU 13 PRELIMINARY BLOCK PLAT (ALL STREETS AND SE~YERS ARE PUBLIC) PRV-O3093P OWNER/DEVELOPER VANi~7~BIL T FARMS. LL C. CONTACT; DICK MAES 1121 iV.. WARRER ROAD SUITE log T~MPE, ARIZONA 85248 PIIONE: 480 831--2000 SItEET INDEX $o0's8'§t"E SIGHT VISIBILITY TRIANGLE DETAIL LOCATION MAP ACCEPTED: CONIRACT ENGINEER FOR ~IE TOgtlq OF UARANA PRV-O$Og3P . PRELIMINARY BLOCK PLAT YANDERBILT BLOCKS 1 THRU 13 B~dG A PoR'noH OF IHE S~lm H~' I~' SEC'~T(~S 211 & 27 1gaO~4-BO0~-0105 ~.1~c' '~ SHEET 1 OF 9 ..... 1~ YFAR nCODpLAJH PROPOSED BLOCK I COMMERCIAL I PROPOSED BLOCK 3 COMMERCIAL PROPOSED TOFN HALl, E~(IS?'INO TORN HALL PROPRRTY DM'.8729, IU,.1557 ! + /+ BASIN BLOCK 13 '----- BLOOK 12 CONTOUR INTERVAL= 1' SEE SHEET 5 1gBO64--BOO8-O105 · PRELIMINARY BLOCK PLAT VAND ERB IL T SHEET 2 OF 9 ; ~ MARA~VA SCltOOL DISTRICT + -F BLOCK tl · BLOCK'~O. · BASI?f tO ., ., CONTOUR INTERVAL=l° ' 100' 200' 300' SEE ,tlARANA SCIIOOL DISTRICT q BLOCK 8 x .t- .I I ,~,~ - SHEET 6 -' \ · \ ,~i/.T ........ PRELIMINARY BLOCK PLAT VANDERBIL T ~ L 2~4 ~ I -~' SHEET 3 OF 9 ~. + + + + + + BLOCK 7 + + + BLOCK 2 \ \ CONTOUR INTERVAL=I' BASIN SEE SHEET 7 BLOCK 6 + ,_ ,. ,. BLOCK 6 X.x :  PRV-OIOgSP PR£LltdiHARY BLOCK PLAT VAND ERB IL T BLOCKS I THRU 13 ~-~..~LE ! -IOO' SHEET 4 OF g CONTOUR INTERVAL-- 1' -I- t SEE SHEET 2 BLOCK 1 -I  PRV-O$O~3P PRELIIdlNARY BLOCK PL~T ( VANDERBILT BLOCKS I THRU 13 ~..~.[ I -tM' SHEET 5 OF 9 114 II I SEE SHEET 3 __ .~_~_-=~'.--~'-- .... _+_ ....... ~=~-=_~=_'== " \ x xx x ~.~.~ '. -I ..,......-,,-.-',.----, -I- BLOCK R-6 + CONTOUR INTERVAL=I ' PRELIMINARY BLOCK PLAT VANDERBILT 19~4-~olo~ ~.~1~'-1~: SHEETi 6 OF 9 SEE SHEET 4 BLOCK 3 ..... ~.. BLOCK -I- BLOCK 5 BLOCK CONTOUR INTERVAL=I ' [L~ o~o. ~o~o. W 2658.62' ., ., .,  pRV-O$Og/P PRELIMINARY BLOCK PLA1 F',4'NDERBIL T APRL 2(~04 1~80e4-.~008-1010§ ~..-1'~ 1 -mo' SHEET 7 OF 9 b__ l_ BLOCK XX + BLOCK ~c BLOCK 6 £C., +'""., CONTOUR INTERVAL= 1' 0~11~O' 200~1~0' PRV-O3Og3P PRELIMINARY BLOCK PLAT VANDERBIL T BLOCKS I THRU S3 SHEET 8 OF 9 · ~5' " -,~E~ r~--t ,n. I ~ CONCRET~ V~RTICAL CURB AND GU~ER PC/COT STD. 209 ~PE I(G) (MODIFIED) ~ c~. ROLL ~PE CURB AND GU~ER ~ ~AG, STD. 220, ~PE "~ (~ODIFIED) a~ ~ SANDARIO ROAD VERTICAL CURB & GUTTER TO ROLL Cu~=i~R~i~ON ,,o o ¢,;r ¢ 5' SI~ ~ I - :: _ _ ~ I 5' sl~w~ ~~ r~ R~ ~ ~ ~ Sm. O~ ~.~ ~ ~ - / ~ ~ ~ ~ , ~ ~ 3 LEG ROUNDABOUT ~ LO~ XDXUS ro~ ,~ ~ I ' ' I1 I I?~ J~ I 4 LEG ROUNDABOUT I I . cu.~ ~.~ ~w. "~ I I I~' .... II ~ / ~ ~~ ~ I ~ ~ - ~ ....... I ..... i'~~(~ PRV-OIOI~P I ~ - I 'l ~~~ m I fl PRELIMINARY BLOCK P~T, I ~~'--'~ .... ~ VANDERB/L T TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 STUDY SESSON #2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara Berlin, Planning Director Presentation: Payson Farms Update DISCUSSION Staff will update the Town Council on the status of the Payson Farms project. A TTA CHMENT Rezone map and project overview. Presentation only. Presentation only. RECOMMENDATION SUGGESTED MOTION jcb 9/10/04 TOWN OF MARANA CASE NO. PC 4034 A request by Lodestar Engineering to rezone approximately 107 acres from "A" (Small Lot Zone) to "R-6" (Single Family Residential/6,000 Sq. Ft. um lot size). The property is generally located at the southeast corner of Barnett Rd. and Sanders Rd. within Section 28, Township 11S, Range 11E q II II II ! II PART I! - LAND USE PROPOSAL II.A PROJECT OVERVIEW Payson Farms is a proposed residential development that will include a maximum of 380 single family lots on 107 acres of land with an overall less than 4.0 residences per acre. Lots sizes will range from 6,000 - 8,000 square feet with the exact mix of lot sizes to be determined at a future date. Homes will be a mix of one and 2-story homes however, two story homes will be allowed only as follows: · Maximum Building Height: 25 feet · No 2-story homes on comer lots · No more than two 2-story homes adjacent to each other. · No more that 50% of the site will be 2-story As a condition of this rezoning, a development agreement will be entered into with the Town of Marana. This development agreement will define development constraints. Although this zoning request will be for a zoning change to R6 for the entire site, the developer will place a maximum number of lots for the project at 370 as a zoning condition. The maximum number of lots allowed for this site by the Northwest Marana Area Plan is (107acres x 4units per acre) 428. ~ This project will not incorporate commercial or industrial areas. The site plan currently depicts 367 lots in three size groupings with the minimum lot size being 6000 square feet which is the minimum lot size allowed under R6 zoning. The proposed mix is as follows: 6000 square foot minimum - 180 lots' 6900 square foot minimum - 102 lots 7800 square foot minimum - 85 lots Ideally, this project will be configured with mixture of lot sizes throughout the site. This however will be a function of the final homebuilder(s) exact product and marketing needs. The project will be designed with pedestrian circulation and onsite recreation. Active recreation will be provided both on site and within the portion of the Bamet Linear Park which will be dedicated as part of this project. Onsite recreation will be both passive and active with an emphasis on active open space that can be utilized by future residence of the development and local area. Most homes within this project are planned to "backup" to recreation areas which will be a combination of areas landscaped with grass and trees connected with a linear trail 32 //.B. system. The onsite recreational areas will also serve as areas to harvest and direct onsite generated stormwater. This project meets the intent and goals of the Marana General Plan as well as the Northwest Marana Area Plan which allows for a land use of residential-commercial villages with an average density of 4 units per acre. This project will incorporate a rural feel through the extensive use of open space, and architectural and landscape architectural elements. Large swaths of grassy fields will be provided through out the project, evoking the rural, agricultural setting of the area. Large shade trees throughout these areas will help to create the character of a ranch homestead. Elements of the entry monumentation and main streetscapes will also incorporate a rural character. The project will be buffered from Sanders Road by a 30' buffer and from Barnett Road by the Barnett Road Channel. Landscaping along the 30' buffer on Sanders Road will evoke the rural character of the area, using large trees and shrub species appropriate the rural setting. A vegetated landscape buffer between the commercial parcel to the south of the project and will incorporate 'streetscape' vegetation as well as the privacy walls at the back of the adjacent lots. Vegetation will include trees, shrubs, and accents of species appropriate to the rural character of the area. - Entrance design is in the conceptual phase at this time, however elements used in the design may incorporate specialty paving at the immediate entrance, large shade trees and other 'rural' vegetation as well as walls, pillars, or ranch-like fencing. TENTATIVE DEVELOPMENT PLAN (TDP) See Exhibit ll.B. on the following page. A "ja.c.k~t,'. ~with a clear acetate overlay of this TPD is provided inside the back cover of this site analysis. All roadways constructed as part of this project will be public local streets with exception of Clark Farms Boulevard which will be a collector road. This project will provide two points of access pdor to construction of 25 new homes. These access points as shown on the TPD include a connection to Clark Farms Blvd as well as a connection to the south. It is intended that this project be platted as one phase. However, the possibility of phasing the construction will be taken into consideration with the site layout and if construction is phased, each phase will be designed as a stand-alone project. 33 //.C. CC&R's will be prepared and a master Home Owners Association (HOA) will be formed to effectively govern all common areas on this project. Design standards for the project shall meet or exceed those found in the Marana General Plan and the Northwest Marana Area Plan and will be in accordance with the Marana Subdivision Street Standards Manual published in March 2004 as well as other applicable design standards accepted by the Town of Marana. EXISTING LAND USES. Zoning Boundaries/Existing Land Uses See Exhibit II.C.1. Land Use Impacts Development of this property as depicted on the TPD is in accordance with the Northwest Marana Area Plan and is compatible with proposed development on neighboring parcels. No negative impact on surrounding land uses is anticipated. ×hibit II B: 8~ area ~07.6 ao~s ~sti~g zoning "A~ @mall P~posed ~e: R6 PaSei~ Rec~ee~io~ Ope~ 8pa~: 6.77 ~t Open 8pa~: t8.48 T~ Operl Bpoe: Lot s~: L~ "0%8,050 ¢ (mi~.): 23,25 ac~ 180 lots MINUTES OF STUDY SESSION REGARDING DRAFT HABITAT CONSERVATION PLAN AND PLANNING DEPARTMENT DEVELOPMENT ACTIVITY REPORT MARANA TOWN HALL OCTOBER 12, 2004 PLACE AND DATE Marana Town Hall, October 12, 2004 CALL TO ORDER By Vice Mayor Kai at 5:30 p.m. He stated that the meeting would be held informally with everyone welcome to participate. A. COUNCIL ACTION 1. Presentation: Draft Habitat Conservation Plan (Leslie Liberti) Mr. Reuwsaat opened the presentation by recognizing Jennifer Christelman, Marana's Environmental Manager, Scott Richardson, U.S. Fish and Wildlife Service biologist, and Leslie Liberti, a biologist with SWCA, Inc. Environmental Consultants, for all of the hard work each had contributed to this effort. He said that the presentation focused on the administrative draft of the Habitat Conservation Plan (HCP) which would go before the Council for approval on October 19th. He noted that the HCP could change depending on certain variables including public input and review, and how active a partner the State Land department became in the process. He explained that the Tortolita Preserve Concept augmentation and the Bajada Environmental Resource Overlay District were important strategic components of the HCP. At this time, the Town Manager turned the presentation over to Ms. Liberti. Ms. Liberti began by explaining the essential components of a habitat conservation plan which included the permit holder, the permit duration, the covered activities, the permit area, and the covered species. She pointed out that a preliminary report presented to the Council in June of 2003 had identified 16 species which could be recommended for conservation strategies. She noted that ten species had been dropped from the list because of low impacts. She named the remaining listed species which included the Burrowing Owl, the Pygmy Owl, the Tucson Shovel-Nosed Snake, the Ground Snake, the Pale Townsend's Big-Eared Bat, and the Lesser Long-Nosed Bat. She remarked that, due to the HCP's long duration, perhaps 25 years or more, things were not static and monitoring as well as strategy changes would definitely be involved in the HCP management. MINUTES OF STUDY SESSION REGARDING DRAFT HABITAT CONSERVATION PLAN AND PLANNING DEPARTMENT DEVELOPMENT ACTIVITY REPORT MARANA TOWN HALL OCTOBER 12, 2004 Ms. Liberti continued by giving a detailed summary of the six endangered species, including their status, and the Town's development impact on these species' habitat areas. She outlined the monitoring and adaptive management strategies that would be utilized in the HCP process. Ms. Liberti continued by pointing out that the Habitat Conservation Plan was in its draft form and that the Town now needed to decide how to move forward with the plan. She said that if the decision to move forward with the HCP was made then the Town would have to negotiate a second intergovernmental agreement (IGA) with the State as well as refine the draft HCP into a final version. She added that an environmental assessment (EA) or environmental impact statement (EIS) would also be required as well as the inclusion of public input. Mr. Reuwsaat said that there was plenty of additional work to do on this matter but that the foundation had been laid for the Town's move forward. He asked that this item be placed on the October 19th Council agenda for approval to proceed with the administrative draft. He congratulated the technical team for the outstanding effort that brought the Town to this point. He noted that moving forward with the HCP would allow the Town to be eligible for various grant funding. Council Member Escobedo inquired about the timeframe involved before completion of the HCP process. Ms. Liberti replied that this depended on the negotiations with the State Land department and with the other players. Mr. Reuwsaat said that he believed the process could be realistically projected at two years. He remarked that it was prudent for the Town to submit the administrative draft as-is and continue to work through the process including negotiating the second phase of the HCP draft. Council Member Blake asked if Ms. Liberti would be involved with this process throughout the years. She answered by stating her deep belief in the Town's plan and remarked that she was honored to work with Marana in developing the Habitat Conservation Plan. Vice Mayor Kai recessed the study session. The time was 6:40 p.m. MINUTES OF STUDY SESSION REGARDING DRAFT HABITAT CONSERVATION PLAN AND PLANNING DEPARTMENT DEVELOPMENT ACTIVITY REPORT MARANA TOWN HALL OCTOBER 12, 2004 o Presentation: Planning Department Development Activi _ty Report (Kevin Kish) Vice Mayor Kai reconvened the study session with all attending Council members seated at the dais. The time was 6:49 p.m. Mr. Reuwsaat began this portion of the study session by recapping discussions that had taken place during the recent Council retreat. He said that because of the large volume of development activity currently taking place the Town staff would present the Council with a monthly development project update for their information and review. He explained that this report was a reformatted version of the existing Directors Report and would better inform all interested parties of development activities within the Town boundaries. Council Members Honea and McGorray commented that the Council had recently begun to receive the Planning Commission packets and that this distribution was especially beneficial in keeping them abreast of new projects. They both agreed that the information provided an opportunity to seek additional information about specific projects if desired. Ms. Berlin addressed the Council and gave an overview of the development activity report. She pointed out that within the development process there were 32 ongoing development plan reviews, 23 preliminary plat projects, 16 final plat projects, 14 rezoning projects, and 18 open tenant improvement projects. A general discussion followed regarding the report format and the method by which development information would be disseminated. It was decided that project-specific maps would be issued when a new project emerged in order to pinpoint exact locations of each project. Ms. Berlin volunteered to be the Council members' main point of contact when questions arose. A more readable Northern Marana Area Plan map was requested by the Council as well as hard zoning and design guidelines. MINUTES OF STUDY SESSION REGARDING DRAFT HABITAT CONSERVATION PLAN AND PLANNING DEPARTMENT DEVELOPMENT ACTIVITY REPORT MARANA TOWN HALL OCTOBER 12, 2004 II. Mr. Reuwsaat commented that he would update the Council monthly and that an analysis of development fees as well as the need for additional staffing would be presented to the Council shortly. He asked for the Council's direction on how to present them with information regarding prospective development interest. It was decided that a simple memo to the Council relating this information would be sufficient. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the study session was adjourned at 7:20 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on October 12, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk TOWN COUNCIL ~ MEETING TOWN OF MARANA r^nA~ INFORMATION ~ MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 1 TO: FROM: AGENDA TITLE: MAYOR AND COUNCIL Mike Reuwsaat, Town Manager Progress Report, January 2003-July 2004 DISCUSSION The Town of Marana is undergoing rapid growth and expansion on many different levels. In order to benchmark the progress that Mayor, Council and Staff have achieved, we are beginning to document the accomplishments that improve the quality of life for our residents. In this effort, Jessica Ziegler has been working with Department Heads and Staff to compile the Town's notable events and endeavors into a Progress Report that covers January 2003 through July 2004. This lengthy document reflects the performance of the Town Council and Staff in providing numerous benefits to the ckizens of Manna. This compilation can also be cut down to create many other publications of varying lengths for public consumption. In the furore, the Town Manager's Office will be able to provide the Town Council and our residents with Annual Reports in similar formatting at the conclusion of each fiscal year. Please feel free to share any comments regarding this Progress Report with Jessica Ziegler or Mike Reuwsaat. ATTACHMENTS Town of Marana Progress Report. RECOMMENDATION Presentation only. SUGGESTED MOTION Presentation only. Progress Report 2/24/2004 1:33 PM FJC Town of Marana Marana Town Hall 13251 N. Lon Adams Rd. Marana, AZ 85653 Phone 520 682 3401 Fax 520 682 9026 www.marana.com Report on the Town of Marana's Operations and Accomplishments from January 2003 through July 2004 Table of Contents Welcome to Marana .............................................................................................................................. 1 Community Elements .......................................................................................................................... 1 Core Values ......................................................................................................................................... 2 The Town of Marana--Best Managed Small City in America .......................................................... 2 A Growing Population and Changing Needs ................................................................................... 3 Community Development Projects ....................................................................................................... 3 The Development of Northem Marana .............................................................................................. 3 The Community Development Block Grant Program ........................................................................ 4 Marana Construction Works! .............................................................................................................. 4 County Bond Election .......................................................................................................................... 4 Enterprise Zone ................................................................................................................................... 5 Water Tank Beautification Project ...................................................................................................... 5 Development Standards & Incentive Programs ................................................................................ 5 Private Development Projects ................................................................................................................ 6 Specific Plan Approvals ...................................................................................................................... 6 Rezoning .............................................................................................................................................. 6 Annexations ......................................................................................................................................... 7 Development Agreements .................................................................................................................. 8 Subdivision Plats ............................................................................................................................... 11 Infrastructure and Services .............................................................................................................. 13 Transportation Concerns .................................................................................................................. 13 Public Works Capital Improvement Projects .................................................................................... 14 ANNUAL REPORT Jan 2003-JUL 2004 Marana Regional Airport ................................................................................................................... 18 Water Service Agreements (2003-2004) ......................................................................................... 20 Intergovernmental Agreements (IGAs) ............................................................................................ 21 Operations & Maintenance (O&M) ................................................................................................... 23 State & Federal Grant Monies .......................................................................................................... 23 Community Outreach ......................................................................................................................... 24 The Citizen Resource and Education Workshop ............................................................................ 24 Marana Teen Advisory Council ........................................................................................................ 24 The Citizens' Police Academy .......................................................................................................... 24 The Community Emergency Response Team ................................................................................ 25 Volunteers in Police Service ............................................................................................................. 25 Police Explorer Program ................................................................................................................... 25 Community Watch Programs ........................................................................................................... 25 Parks & Recreation ............................................................................................................................ 26 Special Events ................................................................................................................................... 26 Marana Unified School District Partnerships ................................................................................... 27 Westem Heritage Facility .................................................................................................................. 27 The Marana Heritage Park ............................................................................................................... 27 Our Law Enforcement Team ............................................................................................................. 29 Police Department Achievements & Additions ................................................................................ 29 Systems & Technology ...................................................................................................................... 3'1 Geographic Information Systems ..................................................................................................... 31 Information Technology ..................................................................................................................... 32 Marana's Fiscal Operations .............................................................................................................. 33 Fiscal 2004 Operating Results .......................................................................................................... 33 Fiscal 2004 CIP Summary ................................................................................................................ 34 Bond Rating ....................................................................................................................................... 34 ANNUAL REPORT JAN 2003-JUL 2004 Welcome to Marana Committed to the Future... Inspired by our Past "Our purpose is to provide our citizens with high-quality and valuable municipal services that will enhance and benefit their lives. We will strive to do this by being responsive and responsible in working with public and private entities. Our goal is to ensure that Marana remains a safe, stable and attractive community." Four Components of the Town Vision Quality of Life - Gives people what they want Safety and Security - Makes safety and security a reality Community Development - Assures that balanced and responsible development will be monitored to high and safe standards Employment - Promotes meaningful employment opportunity to contribute to the prosperity of the community Community Elements · Water - water and its careful management is the resource that allows our community to grow and prosper in all phases of the Town's future expansions. · Heritage - remembering to preserve the core of Marana's philosophy as reflected in the arts and culture of the Town's roots · Commercial - is instrumental in building Marana's fiscal strength · Residential -is the blending of family life through community awareness, involvement and local pride in the Town · Education - Marana's educational resources attract people to live and raise families in the Town · Safety and Secudty - protects the citizens from all forms of harm and is a strong, credible and responsible guardian of the community's future · Environmental - provides an example to all of how sensitivity for the natural environment defines our values and promotes our Town as desirable and attractive · Airport Industry - using ingenuity and innovation, is host for the new business frontier of Marana · Infrastructure - responsible management, preservation and development of the Town's infrastructure contributes to the future of Marana ANNUAL REPORT - PAGE 1 - JAN 2003-JUL 2004 Gore Values Customer Service Customer Service includes providing complete information and is something we incorporate throughout all of our processes. It is not something we simply look for at the end. It means keeping the customer in mind each step of the way. The customer is the most important judge of the quality of a service or process. Therefore, we gauge the success of our services based upon how well they satisfy the customer. Professionalism We come to work seeking to do great things and to achieve ever greater accomplishments. We are motivated not simply by achieving goals, but by living our values and upholding the Town's values. Responsiveness We have the ability to respond to people's needs quickly by focusing on what is essential with thoughtful planning. We don't simply identify problems, we solve them. Each individual takes responsibility for solving problems and making suggestions to ultimately make the Town better. Vision We are surrounded with the public trust and given the latitude to be creative. In this environment, we can talk openly about what needs to change, and we can see and make improvements happen. We value progress and realize that processes can always be improved. Integrity In all we do, our efforts are to maintain the highest standards. On this, we never compromise. Fiscal Security We meet our goals for the future through proactive and responsible management of our resources. The Town of Marana--Best Managed Small City in America Pat Summerall Productions selected the Town of Marana as one of the "Best Managed Small Cities in America" as a part of their Champions of Industry program. The Town was recognized both on CNN Headline News and in Forbes magazine as part of the process. The qualifications for this honor include: Prudent Fiscal Management, Strength of Police Service, Demonstrated Innovation and Leadership, and Commitment to Quality of Life Services (Parks, Arts, Schools, etc). Marana was 1 of 100 communities recognized out of the entire United States. ANNUAL REPORT- PAGE 2- JAN 2003-JUL 2004 A Growing Population and Changing Needs Development within the Town of Marana The Town of Marana is one of the fastest growing communities in the Southwest and our Town Council has faced the challenges presented by this growth with paramount consideration for the needs and desires of Marana's citizens. This commitment led Marana to be named one of the "Best Managed Small Cities" in 2004. Town Council members and the employees of the Town have worked thoroughly over the last 15 months to insure that Marana's short and long term goals are met, keeping in mind the history of the community as well as its future. The results of this dedication can be found below. ICommunity Development Projects The Development of Northern Marana Northem Marana is currently the fastest-growing part of our community and consequently the Town is actively engaged in the planning of infrastructure for this key area. This requires a thorough understanding of the proposed land uses in order to coordinate infrastructure needs. To aid in this analysis, a Draft Concept Plan map has been prepared for Northwest Marana by the GIS Department. This map, affectionately known as "Sim City Marana", is an excellent tool in identifying the interrelationship between infrastructure needs and land use, and is updated as project proposals evolve. The Marana Municipal Complex & Town Center The new Marana Municipal Complex continues to make progress in changing the Marana skyline. This building and the surrounding "Town Center" will be the anchor of development in Northem Marana. The new complex will consolidate govemment functions that currently occur at six different locations across the Town into one building for "one-stop shopping". The 110,000 square foot building will serve the Town's administrative, law enforcement and judicial needs and includes substantial shell space for future growth. The Campus is designed to support additional structures, as the community grows from 24,000 residents today to an estimated 100,000 by 2030. The police and courts are expected to move into the new complex in late 2004, with the balance of the administrative and development services staff to follow in early 2005. Gladden Farms Community Facility District Gladden Farms is a new master-planned community that is expected to include 1,900 new homes in northwest Marana. In cooperation with the development, the Town of Marana formed a community ANNUAL REPORT - PAGE 3- JAN 2003-JUL 2004 facilities district (CFD) to pay for the creation, enhancement and maintenance of the development's infrastructure, thereby sparing current Marana homeowners the financial burden of subsidizing growth. The community facilities distdct will allow general obligation bonds to be issued to pay for construction of new roads, water and sewage facilities that the development will require. The Gommunity Development Block Grant Program The Community Development Block Grant (CDBG) program is a federally-sponsored project to develop viable communities by providing decent housing and a suitable living environment and by expanding economic opportunities, principally for persons of Iow- and moderate-income. The Town of Marana is an active participant in this grant program and uses the funds in many ways throughout our community. Since January of 2003, our housing rehabilitation program, funded through CDBG monies, has assisted several dozen families and has completed over two hundred individual projects. Family assistance under this program amounts to: General Housing Rehabilitation $166,248.57 In addition to the housing rehabilitation program, Marana's CDBG projects include a grant of $107,000 for the Santa Cruz Trail along side the Honea Heights neighborhood and other expenditures totaling nearly $30,000 for other park projects. Marana's Community Development Block Grants are also supplementing Town General Funds in a cooperative effort with the Pascua Yaqui Tribe to provide improvements to the Yoem Pueblo Pascua Yaqui Village, at the intersection of Sandario and Barnett Roads. Improvements completed include a new children's play structure. Future projects will include accessibility improvements for the community building and paving improvements. Marana Gonstruction Works! This is an ongoing program that takes youth who have been struggling academically, trains them in various facets of home construction, and assists them to obtain their G.E.D. certificates. The program also addresses a secondary issue of affordable housing by placing Iow-income, first-time homebuyers into homes constructed by these students. Our students obtain marketable carpentry skills, "real world" work experience, heightened self-esteem and the opportunity to enter a career path as union apprentice carpenters, while qualifying homebuyers obtain a three-bedroom, two-bath home for a price that fits their monthly incomes. The Town of Marana received the Human/Social Service Award at the Governor's Rural Development Conference in October of 2004 for this program. Gounty Bond Election In May, voters approved $732 million in Pima County Bonds, recognizing the need to protect the resources that make Pima County a desirable place to live. The residents of the Town of Marana will see over $24,350,000 of direct community benefits from these bonds. The list of projects includes: · $100,000 to preserve the Los Morteros archeological site · $500,000 for roads, streetlights, and curbs in Honea Heights · $750,000 to restore the De Anza National Historic Trail · $1,000,000 for the Cultural and Heritage Park · $1,200,000 to develop the Tortolita Trail System ANNUAL REPORT - PAGE 4- JAN 2003-JUL 2004 · $1,500,000 to construct a new Regional Tire Disposal Facility · $2,000,000 to preserve the Marana Mound Community site · $2,800,000 to extend the sewer system to the airport · $4,500,000 for the new Cortaro/Silverbell Library · $10,000,000 to expand the Marana Wastewater Facility Enterprise Zone The Town of Marana, The City of Tucson, Pima County and the Arizona Department of Commerce worked cooperatively to expand the federally designated Enterprise Zone into the Town of Marana to encompass an area around the Marana Regional Airport. Businesses who choose to locate or expand in one of these designated areas may be eligible for various economic incentives. Water Tank Beautification Project With the cooperation of the Marana Arts Council, the Marana Municipal Water Advisory Committee and Town Manager's Water Committee, the Town's water tanks will be transformed into works of art. Showcasing local artists' work on the water tanks will beautify neighborhoods and bring a sense of pride to the community and Town. The artistic designs will represent our community's historic and cultural hedtage and/or contemporary life in Marana and the process will include the input and approval of the neighborhoods. The first mural is a painting of a cowboy on horseback driving cattle, silhouetted by a golden sky. The first water tank will be completed sometime in November 2004 in the Honea Heights Neighborhood. Development Standards & Incentive Programs Subdivision Street Standards The Town adopted its own comprehensive set of Subdivision Street Standards, creating uniform improvement criteria for new development. These standards will reduce long term maintenance expenses, improve road safety and provide for rapid emergency service response. They also incorporate a process to formally approve any special design considerations for unique developments. Outdoor Lighting Code The new code was adopted in 2003 and is a combination of elements of the Pima County and Oro Valley Outdoor Lighting Codes, however Marana's code is the only one in the area that addresses glare as an issue and requires special shielding for glare reduction. Solar Energy & Non Potable Water System Credits The ordinance provides a $1,000.00 discount on building permits. ANNUAL REPORT- PAGE 5- JAN 2003-JUL 2004 llPrivate Development Proiects Specific Plan Approvals In the eadiest stages of planning new growth and development, Marana's Town Council reviews and approves Specific Plans submitted by developers. A Specific Plan establishes comprehensive guidance, regulations, programs, standards and design guidelines for a proposed development and the implementation of an approved Land Use Plan. A Plan establishes the location, density, and community character within the Plan area. It provides for the development of residential, recreation, and open spaces that support conservation of environmentally sensitive lands and may include conditions regarding contributions made by the developer to the Town of Marana and its citizens. The Estate Lots at Tortolita Preserve Ordinance No. 2003.11 The Estate Lots at Tortolita Preserve in Dove Mountain are the result of a rezone of 72.6 acres of land at the northeast corner of Moore and Wild Burro Roads. The change from agricultural land will allow for approximately 25 homes on about 2.5 acres each with minimal site disturbances. The Specific Plan also requires that the developer make a number of contributions benefiting the entire Marana community, including $1,400 per lot for park sites, $1,200 per lot in contributions for schools and $2,500 per lot for off-site roadway improvements. Tortolita Vistas Ordinance No. 2004.18 The Specific Plan for Tortolita Vistas lays out a 400-unit development on 210 acres of land in the northeastern portion of Marana, on the eastern edge of the Town and south of the Tortolita Mountains. The development contains provisions to ensure Iow overall environmental disturbance, including a limit of 40% overall disturbance. The remaining 60% will be dedicated as permanent open space. Amendments to Prior-Approved Specific Plans · The Calmat Specific Plan was amended to include a time extension, allowing CEMEX to prepare significant revisions, updating the original Plan from 1987 (Ordinance No. 2003.31). · The Continental Ranch Specific Plan was amended to rezone Block 1 of the development from "Industrial and Commercial" to purely "Commercial" uses (Ordinance No. 2003.01). Rezoning Marana's history has been dominated by agriculture over the years and while the Council is committed to preserving the heritage of our community, rezoning has become an important part of preparing for the Town's future. To accommodate the strong demand from newcomers excited about joining the Marana community and the necessary infrastructure and economic changes that follow, the Town Council carefully considers land use and density issues when they address any zoning changes. A list of the rezones that were approved over the past 18 months is included here, along with the acreage involved and the land-use categories. ANNUAL REPORT - PAGE 6- JAN 2003-JUL 2004 Continental Ranch Block 1 SW Corner of Flying Diamond Rd. & Camino de Oeste Tangerine Water Users Group The Estate Lots at Tortolita Preserve Sanders & Moore Saguaro Ranch San Lucas Widger, NW Fire District, NW Holdings, Inc. 8551 N. Silverbell 6808 & 6810 N. Camino Martin Willow Ridge Property Ina/Silverbell Rezoning From Industrial & Freeway Commercial To only Freeway Commercial No. 2003.01 No. 2003.02 No. 2003.06 No. 2003.11 No. 2003. '19 No. 2003.20 From Large-Lot Commercial To Residential w/ 144,000sf min. lots From Large-Lot Commercial To Mixed-Use From Agriculture To Specific Plan From Agriculture To Residential w/6,000sf min. lots & Neighborhood Commercial From Large-Lot Commercial To Residential w/ 144,000sf min. lots From Commercial/Office To Village Commercial No. 2003.25 From Large-Lot To Mixed-Use No. 2003.26 Commercial From Large-Lot Commercial From Residential w/ 36,000sf min. lots & Light Industrial From Residential w/ 144,000sf & 36,000sf min. lots From Residential w/ 36,000sf min. lots To Neighborhood No. 2003.30 Commercial To Heavy Industrial No. 2004.02 To 60 acres of 6,000sf Residential lots, 34 acres of 16,000sf lots & 9 acres of Neighborhood Commercial No. 2004.07 To Residential w/10,000sf No. 2004.09 min. lots Tortolita Vistas~ From Residential w/ Specific Plan: 400 units on 210 acres with 40% No. 2004.'18 144,000sf min. lots maximum disturbance Note 1: This rezone ordinance is in the process of being referred to the people of Marana. The Town of Marana has annexed or is annexing certain areas of land in order to expand our community. Annexation is a citizen-driven process that incorporates parcels of land outside the Town's borders (land previously under the jurisdiction of Pima County) into Marana. ANNUAL REPORT- PAGE 7- JAN 2003-JUL 2004 Saguaro Ranch North 461 No. 2003.14 Saguaro Ranch South 131 No. 2003.15 Cochie Canyon Trail North 4.31 No. 2003.21 Cochie Canyon Trail Northwest 5.6 No. 2003.22 Santa Cruz/Avra Valley Road Annexation 105 No. 2003.23 Tangerine & Thornydale Road Right-of-Ways N/A No. 2003.33 Located Adjacent to Existing Town Boundaries Saguaro Ranch East 422 No. 2004.01 Camino de Oeste Annexation 319 No. 2004.05 South Neighbors Annexation 28 No. 2004.15 Note 1: These annexations are either complete or still in progress. Development Agreements The Town of Marana enters into Development Agreements with developers as part of the growth and development process to ensure that each project is consistent with the general plans and long-term goals of the Town. At its most basic level, a development agreement lays down the obligations and responsibilities that both the Town and the developer have to the community and each other during and after the project, as well as regulations that will guide the process. Contained in this Annual Report is a very general summary of the most recent development agreements approved by the Marana Town Council, including the contributions that the developer has agreed to provide for the community through fees, services and infrastructure. Family Entertainment Center--Bedroxx Bowling Spare Time Family Entertainment Ina & Cam/no Martin Resolution No. 2003-21 · Entertainment credits for public recreation · On-site security Marana Municipal Complex Reyher & Marana 348 Ltd. Partnerships Main St. & Civic Center Dr. Ordinance No. 2003.23 · Land exchange to accommodate the Municipal Complex · Drainage and pedestrian trail to Ora Mae Harn Park · $441,837 Contribution toward surrounding Town-constructed infrastructure · Authorizes $1,000 per residence Marana park improvement fee ANNUAL REPORT- PAGE 8- JAN 2003-JUL 2004 New Park Site & Public Library Ordinance No. 2003.32 Arizona Pavilions Dev't, Inc.& Ranch Holdings, LLC Cortaro Rd. & Silverbell Rd. · Land exchange accommodates the new public library to be built in Marana District Park · Provides partial sales tax rebate for public infrastructure improvements Farm Field Five, Rancho Marana Resolution No. 2003-61 FCD Marana Venture 1 494.4 Acres Sandafio Rd. & Moore Rd. · Landscape improvements on Moore Rd. · Construction of Lon Adams Rd. realignment · Civic Center Drive improvement · Vanderbilt Farms Blvd. improvement ·Bamett Linear Park and trail system · Private recreation facility of 185 square feet per residence · Irrigation system · $1,000 per residence Marana park improvement fee · $1,200 per residence school contribution to Marana Unified School District · $500 per acre fee for bank protection Saguaro Ranch Resolution No. 2003-65 Saguaro Ranch Investments 592 Acres Thomydale North of Moore Rd. · $1,000 per residence Marana park improvement fee · $1,200 per residence school contribution to Marana Unified School District · $1,050,000 for a Regional Recreation Facility · $50,000 per residence (up to $1,000,000) county park contribution for every lot sold after 15 · 2% environmental enhancement fee · Natural trail system and equestrian facilities · 2.2 acre Tortolita Mountain Park trailhead, parking and additional $50,000 · On-site Wide Wireless Network Area facilities Garden Estate Lots, Tortolita Preserve Resolution No. 2004-11 Garden Estates at Dove Mountain, LLC 73 Acres Dove Mountain · $1,400 per residence Marana park improvement fee · $1,200 per residence school contribution to Marana Unified School District ANNUAL REPORT - PAGE 9- JAN 2003-JUL 2004 · $2,500 per residence for regional transportation improvements Willow Ridge Resolution No. 2004-49 CPE Development Company 104.6 Acres Cortaro Rd. & Camino De Oeste · $2,435 per unit for transportation impact fees · $1,200 per residence school contribution to Marana Unified School District · $700,000 for Cortaro Road design/construction · $50,000 for drainage · $6,400 per residence for environmental enhancement fees Sky Ranch Resolution No. 2004-86 Exeter LXl, LLC 515 Acres Thornydale South of Tangerine Rd. · $1,000 per residence for a Children's Desert Education Center plus a possible shortfall payment toward the center of up to $250,000 · $1,200 per residence school contribution to Marana Unified School District · Roadway improvements for the intersections of development driveways, Thomydale, and Camino Mafiana as well as the intersection of Camino Mafiana and Tangerine Tangerine Crossing Chicago Title Trust No. 12133 & Tangerine Rd. Associates Tangerine Rd. & Thornydale Rd. · Voluntary landowner disturbance reduction to 50% of site · Interim improvements to Tangerine and Thornydale · $1,400 per residence Marana park improvement fee · $1,200 per residence school contribution to Marana Unified School District · $3,500 per residence for transportation fund · 6,000 SF minimum residential lot size Tortolita Vistas Ready Six Corporation Thomydale South of Moore Rd. · Private recreation facility of 185 square feet per residence · $1,400 per residence Marana park improvement fee · $1,200 per residence school contribution to Marana Unified School District · Access from development to Thornydale Road · Moore Road improvements Resolution No. 2004-98 304 Acres Resolution No. 2004-100 230 Acres ANNUAL REPORT - PAGE 10- JAN 2003-JUL 2004 Subdivision Plats Towards the end of the development authorization process, developers must submit plats for the Town Council's approval. A plat is a site plan showing the layout of individual lots in the proposed subdivision--similar to the set of diagrams and specifications often found in blueprints--including such features as exact locations and sizes of unit lots, roads, rights-of-way, easements, drainage, open spaces, and common areas. This part of the process occurs in two stages, with the submission of both a preliminary and a final plat for the Council's review. Here you will find a snapshot of the plats that have been approved since January of 2003. Orange Grove/I-10 Plaza No. 2003-05 Twin Peaks Highland No. 2003-17 Pima Farms Village No. 2003-99 The Estate Lots at mortolita Preserve No. 2004-06 Rancho Marana 154 No. 2004-95 No. 2004-114 Continental Reserve Block 17 (portion) 248 1.97 Farm Field Five 0 No. 2003-02 Butterfly Mountain 28 0 0 No. 2003-32 Dos Lagos at Dove Mountain 248 0 0 No. 2003-63 Saguaro Ranch 91 0 0 No. 2003-100 Hedtage Highlands VII 152 0 0 No. 2003-106 The Preserve at Dove Mountain 182 0 0 No. 2003-128 6.67 ac Park Site Saguaro Springs 81 1.8 10 ac School Site No. 2004-15 The Gallery, Parcel 4A 20 0 0 No. 2004-24 Marana Golf Continental Ranch Block 84 0 0 No. 2004-33 The Gallery Resort Parcel 15 0 0 No. 2004-67 Ironwood Reserve Block 1 99 0.97 4.48 ac Park Site No. 2004-110 Ironwood Reserve Block 2 49 0.4 0 No. 2004-111 Ironwood Reserve Block 3 79 0.71 0 No. 2004-112 Ironwood Reserve Block 4 68 0.65 0 No. 2004-113 San Lucas Final Block Gladden Farms Block 11 28 141 2.72 0.87 13.5 ac Park Site 3.9 ac Linear Park 10 ac School Site No. 2003-42 No. 2003-88 No. 2003-66 No. 2003-118 ANNUAL REPORT - PAGE 11 - JAN 2003-JUL 2004 No. 2003-67 Gladden Farms Bock 12 104 1.02 0 No. 2003-126 7.3 ac Children's Sky Ranch 365 0 Desert Education No. 2003-90 No. 2004-5'7 Center No. 2003-103 Gladden Farms Block 6 114 0.85 0 No. 2004-03 Gladden Farms Block 10 84 0.75 0 No. 2003-104 No. 2004-04 No. 2003-121 Gladden Farms Block 4 47 0.2 0 No. 2004-26 No. 2003-122 Gladden Farms Block 3 81 0.75 0 No. 2004-25 No. 2003-125 Continental Reserve Block 18 29 0 0 No. 2004-53 No. 2003-125 Continental Reserve Block 19 38 0 0 No. 2004-53 Gladden Farms Block 5 (Harvest 129 0.93 0 No. 2003-134 Moon) No. 2004-40 No. 2004-12 Sombra de Tecolote 8 0.152 0 No. 2004-39 Continental Reserve Block 15 66 0.7 0 No. 2004-17 No. 2004-94 No. 2004-20 Continental Reserve Block 16B 86 0.9 0 No. 2004-93 No. 2004-38 Continental Reserve Blocks 16A 111 1.06 0 No. 2004-92 Continental Reserve Block 17 No. 2004-'114 35 0.75 0 (portion) No. 2004-53 Continental Ranch Retail Center 6 19.75 No. 2003-45 Kohl's Retail Center 5 13.49 No. 2003-74 Orange Grove 1-10 Plaza 20 26 No. 2003-119 Old West Business Park 8 4.28 No. 2003-120 Note 1: A notation of 0 miles of public roads signifies Bat all roads in the development are privately maintained by the Home Owners Assn. Note 2: Public Property refers to park and school sites maintained by the Town or MUSD, but excludes common area and open space. Some of these plats without public property dedications represent only small parts of much larger developments that have set aside significant public lands. Note 3: The first resolution number listed refers to the preliminary plat approval and the second refers to the final plat approval. ANNUAL REPORT- PAGE 12- JAN 2003-JUL 2004 Infrastructure and Services Public Works within the Town of Marana Marana's Town Council realizes that by embracing the growth and development of our community, they must also shoulder the responsibilities of integrating these changes as seamlessly as possible. The Council and Management team work to ensure that Marana maintains the same quality of life that our Town has historically been able to provide. Infrastructure and services are key ingredients of citizen-oriented administration and include roads, parks, libraries, water and sewer systems, the Regional Airport and other capital improvements. These amenities are often facilitated through intergovernmental agreements and acceptance/use of federal grant monies. Transportation Gon~ems Transportation issues are arguably the most important public works concerns within the Town of Marana. The Town's roadway infrastructure will be greatly affected by the rapid growth we will continue to experience, but the Council has made this issue a top priority. Regional Transportation Authority Part of the resolution to these transportation problems includes Marana's participation in Pima Association of Govemments' newly created Regional Transportation Authority (RTA). The RTA will foster development of, and consensus on, multi-modal transportation solutions that are truly regional in scope and that have a reliable, long-term funding source. When Mayor Sutton and the Town Council voted to support a Regional Transportation Authority for the metropolitan area in January 2004, the Council also directed a Manager's Committee to study whether the community should move forward with its own half cent sales tax for regional transportation. Over $275 million in regional transportation needs were identified within Marana through 2030. The study also found that a half cent sales tax would generate over $170 Million over the same period. Based on the Manager's Citizen Committee recommendation, the Mayor and Town Council voted unanimously to adopt the tax increase, dedicated to funding regional roadway improvements, effective October 1, 2004. ANNUAL REPORT- PAGE 13- JAN 2003-JUL 2004 Public Works Capital Improvement Projects Santa Cruz River Shared-Use Path & Pedestrian Bridges No. 99-003 The Project will provide a paved multi-use path running approximately 3.5 miles along the Santa Cruz river from Cortaro road to El rio Park in Continental Ranch. The project will include landscaping, rest nodes, and two pedestrian bridges passing over drainage channels. The Town is receiving bids for the construction of this project as we speak. Tangerine Road Improvements, Breakers to Thornydale No. 99-049 This Project improved surfaces through pavement preservation and rehabilitation, and increased safety and function to the public by providing paved shoulders on both sides of the road, acceleration, deceleration and turn out lanes to accommodate traffic to businesses. The Project is complete. Silverbell Road, Cortaro Road to Ina Road No. 99-0,50 The Project will reduce dips and curves, increase the existing road to five lanes and add a continuous left turn lane, multiuse lanes on either side of the road, sidewalks, improved regional storm water and sanitary sewer capacity. The Project will also relocate the intersection of Silverbell and Ina Road to eliminate the extreme angle approaches and will provide a new traffic signal. The Project Design is 95% complete and construction is expected in 2005. Cortaro Farms Road Reconstruction No. 99-076 Cortaro Farms Road will be replaced by a four lane divided road from the Union Pacific Rail Road east to Star Grass Drive, with exclusive left turn lanes, multi-use lanes, sidewalks, and with new traffic signals at the intersections of Cortaro Farms Road and Hartman Road, and Cortaro Farms Road and Camino de Oeste. This will provide additional roadway capacity and improve safety and traveling convenience. The Project will include a new potable water main and a regional storm water control system. The Project Design is in process with construction anticipated in early 2005. Grier Road No. 99-095 The reconstruction and improvement of Grier Road will increase storm water carrying capacity in the street and replace the existing Irrigation District pipe running on the north side of the road for local storm drainage. The Project will provide streetlights, new pavement sidewalls and sewer connection to all residents on Grier Road for improved storm water management. Project completion is anticipated in April of 2005. Marana Main Street Extension No. 99-095 The extension of Marana Main Street is also part of the Town Center Roads and Utility Project. The Town will extend Marana Main Street from Grier Road to Sandario Road with a minimum paved roadway section and drainage swales along the sides. The Project Improvement Plans are in final design. Tangerine/Thornydale Road Intersection No. 2001-043 This Project will provide a new alignment at the intersection for the Thornydale Road approaches, left turn lanes, traffic signals, drainage culverts and improved storm water management for safety and convenience. The Project is currently under construction. ANNUAL REPORT- PAGE 14- JAN 2003-JUL 2004 Linda Vista/Twin Peaks Interchange @ 1-10 No. 2001-044 This Project will provide a separated grade crossing of 1-10 and the Union Pacific Rail Road at Linda Vista/Twin Peaks Road, realignment of local area roads, a bridge over the Santa Cruz River and access of 1-10 Freeway at Linda Vista/Twin Peaks Road. This interchange will help alleviate traffic congestion at Cortaro and Ina Roads and provide access to the Tangerine Road (State Route 989) corridor. In addition, Dove Mountain Blvd. will be extended south and will link up with Camino de Manana, which will then be extended to meet the new interchange. This Project is in the Environmental Design Concept Phase and construction is anticipated to begin in 2006/2007. Youth Transportation Art Program No. 2001-102 This Program receives funds primarily from the Pima Association of Governments for public art projects involving local youth in design and/or production of community art. One such project provided for ten vertical ceramic panels designed by To Ree-Nee Wolf Kaiser and constructed by Ms. Kaiser and Marana High School students, celebrating Marana from pre-history through the near past. Five panels will be placed along Silverbell Road, from Ina Road to Cortaro Road, and five will integrate into the District Park located along the Santa Cruz River south of Cortaro. Honea Heights Sewer & Roadway Improvements Nos. 2002-O02 & 2003-014 Through this Project, Pima County will provide a new sewer main, while the Town of Marana will provide residents with connection to the sewer main, including collapse or infill of the existing septic system. Construction is expected to begin in January. Survey and gathering of information for the house connections is in process. At the conclusion of the sewer project, the Town of Marana will replace the existing chip seal streets in Honea Heights with asphalt concrete pavement. The design is in process and will be funded with the help of a federal Rural Development grant. District Park Bank Protection, Cortaro Rd. & Silverbell No. 2002-004 This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina to Cortaro Road. Phase I of the project, anticipated in 2005, will be from Cortaro Road to the Yuma Mine Wash protecting the Town of Marana's future Distdct Park Site from flooding. Santa Cruz River Corridor Trail No. 2002-014 This project will provide connectivity of the existing 14' paved path running along the Santa Cruz River northern bank from the Honea Heights neighborhood on Sanders Road, approximately 0.7 miles, to the proposed Gladden Farms Park. The Improvements will include landscape, irrigation, water faucets and hose bibs for equestrian use. Moore Road Improvements No. 2002-018 This Project will improve driving surfaces on Moore Road, between Thornydale Rd. and Camino de Oeste, and will increase safety and function to the Public by providing paved shoulders on both sides of the road and an improved vertical alignment to provide all-weather access. The Project Design is complete. Improvements are to be constructed as a part of the Cottonwood Development Agreement. Tres Rios del Norte No. 2002-023 This is a cooperative effort between City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunction with the Army Corps of Engineers. This ANNUAL REPORT - PAGE 15- JAN 2003-JUL 2004 4-year study evaluates an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for projects such as habitat restoration, water supply, flood control and recreation. Thornydale Road, Orange Grove Road to Canada del Oro Wash No. 2002-058 Thomydale will be widened to six lanes with dedicated turn lanes and modified traffic signals at the three intersections of Thornydale Road with Orange Grove Road, Costco Drive and Horizon Hills. This will greatly improve turning and general traffic flow through the intersections and relieve congestion through the Thornydale corridor. The design for this project is complete and preliminary construction will begin in 2005, but most traffic-disrupting activities will commence following the 2005 holiday season. Tangerine Road/Dove Mountain Traffic Signal No. 2003-008 This Project will provide a new traffic signal and minor associated work for the intersection, minor associated work, to provide safer and more efficient vehicle traffic through the intersection. The design is in process and construction is anticipated in 2005. Barnett Linear Park and Flood Control Project No. 2003-016 The Project includes a channel from the 1-10 corridor west to the Santa Cruz River to convey drainage from the Tortolita Fan overflow and storm water from other areas around Town Center and to provide multiuse linear greenbelt and Recreation Park. The Project is in Environmental Design Concept Phase. Some segments of this project have already been or will soon be dedicated by developers and construction could begin within the next six months. Traffic Signal at Silverbell Rd./Wade Road Intersection No. 2004-003 This Project will provide a new traffic signal and minor median and pedestrian crossing modifications at the intersection for safer pedestrian crossing. The design is complete and the Project bid was awarded in October. The project should be completed during the first quarter of 2005. Scenic Drive Improvements The Scenic Drive realignment project integrated environmental preservation and restoration with a badly needed safety project, as the three way intersection of Scenic Drive with Twin Peaks and Silverbell Roads had serious sight visibility and geometric problems. The new roadway geometry incorporates traffic calming, a widely divided median designed to avoid mature vegetation rather than moving or destroying it, and restoration of a drainage channel which previously marred the landscape. The improvements are now complete. Old Pueblo Archaeology Move Old Pueblo Archaeology is conducting a heritage education program at the Marana District Park's archaeological sites in partnership with the Town of Marana as part of the Governor's Public Archaeology Award-winning archaeology program. Due to the long duration of this program, Old Pueblo Archaeology wanted to move their offices closer to the Park. Marana Unified School District (MUSD) owned portable buildings that were no longer needed. The Town of Marana, Old Pueblo Archaeology and MUSD entered into an agreement allowing Old Pueblo to use these portable buildings at the Marana Operations Center in exchange for providing educational services for Marana Parks and Recreations and the School District. ANNUAL REPORT - PAGE 16- JAN 2003-JUL 2004 Habitat Conservation Plan Draft The Town of Marana is drafting a Habitat Conservation Plan (HCP) for six species as part of an integrated environmental management strategy. This HCP covers most of Eastern Marana and the Santa Cruz River corridor. Such a plan could include provisions for permitting, activities regulations, critical habitat designations, density and open space allowances, monitoring and funding to protect the threatened owls, snakes and bats. The Town Council has instructed staff to submit the HCP Administrative Draft to the Arizona Game and Fish Department. Expanded Tortolita Preserve Concept The Town of Marana's Tortolita Preserve consists of 2400 acres. The Town is looking to expand the existing 2400 acres by an additional 16,200 acres. The Town is partnering with Pima County has started a dialogue with the Unites States Fish and Wildlife Service, the Bureau of Land Management, and the Arizona State Land Department. This project would benefit the residents, the environment, and potentially assist with the recovery of an endangered species as a part of the Habitat Conservation Plan. Stormwater Program This project was initiated by a federal mandate which focused on the Arizona Department of Environmental Quality (ADEQ). Six minimum control measures have been defined for compliance: · Public Education and Outreach · Public Involvement and Participation · Illicit Discharge Detection and Elimination · Construction Site Stormwater Runoff Control · Control of Post-construction Site Runoff · Pollution Prevention and Good Housekeeping The Town of Marana submitted a Stormwater Management Program to the Arizona Department of Environmental Quality as a Small Municipal Separate Storm Sewer System (MS4) operator. The Town is working with the Pima Association of Governments (PAG), ADEQ and other associations on various grants to improve water quality within the Town of Marana. Lower Santa Cruz River Letter of Map Revision The Federal Emergency Management Agency (FEMA) has issued a Letter of Map Revision (LOMR), which will modify the 100-year floodplain limits for the Santa Cruz River. The property subject to revision is located behind the Lower Santa Cruz River between Avra Valley and Sanders Roads. This measure will relieve residences in the area of costly flood insurance requirements and will remove development impediments. Berry Acres Letter of Map Revision This Letter of Map Revision (LOMR) will potentially remove the majority of the Berry Acres Subdivision from the Federal Emergency Management Agency (FEMA) floodway. The properties will remain in the floodplain, but the new designation will allow for development and redevelopment in the areas where it is currently prohibited. ANNUAL REPORT- PAGE 17- JAN 2003-JUL 2004 District Park Library No. 99-012 Pima County and Marana will jointly design and construct a regional library in the new District Park site, south of Cortaro Road and between Silverbell Road and the Santa Cruz River. Construction should begin next year and be complete by 2006. Marana Regional Airport Airport Administration In June of 2003, the Town of Marana adopted a set of Minimum Standards for the Marana Regional Airport to ensure compliance with FAA and State Grant Assurances and to guide future development. In 2004, the Town further adopted Ultralight Aircraft Rules and Regulations, a new Town Code to govern the airport and aviation activities and new Airport Rates and Fees. Airport Management also implemented a new avigation easement program in 2003 in conjunction with neighboring developers to ensure that future property owners are made aware of the airport. All future development around the airport will require an avigation easement. Events The 2003 Tequila Cup Regional Aerobatic contest was held at the Marana Regional Airport on November 6-9. A large number of contestants participated in the events, designed to test the skills of aerobatic pilots, and have asked the Town to host this event again in November 2004. In April of 2003 and 2004, the Airport hosted a memorial ceremony for the Marines that were killed during an accident at the airport several years ago. More than 150 people attended these two events. Also, significant enhancements were made to the monument area. Landscaping improvements have taken place and a new wrought iron fence has been installed. Development & Planning To meet future demands and to increase the Town's visibility, the Town of Marana started a programming phase for a new airport terminal. This is a joint project with Pima Aviation and includes a new restaurant at the airport. The terminal would serve as a destination point in Marana for both the aviation and non-aviation community and will include a community room that could hold 100-150 people for meetings, aircraft fly-ins, and community events. The Town has also been working diligently with the State Land Department over the past year to purchase approximately 85 acres of land on the east side of the airport. This land will allow for the development of a new aviation businesses. The Town is currently working with Pima County to develop a new sewer line to meet the needs of future expansion at the Airport and Business Park and has secured $2.8 Million in revenue bonds to accomplish this project. To address issues of current demand, the Town of Marana has been working very closely with Pima Aviation in their development of 120 new T-hangars. Pima Aviation has approximately 268 people on a 3¼ year waiting list who are interested in hangar space at the airport. As part of its commitment to customer service, the airport has also developed a flight guide and a business directory to provide information about the airport's operations and amenities. ANNUAL REPORT - PAGE 18- JAN 2003-JUL 2004 Improvements & Maintenance Over the past year and a half, the Marana Regional Airport has undertaken a very broad and proactive program to improve capacity and safety at its facilities. The major improvements include the installation of a new fire suppression system, ten new airplane tie-downs near the airport restaurant, 8,340 LF of new airport security fencing and access gates, a new rotating beacon, and a new paint job for the old beacon tower. In addition, a major rehabilitation project on Runway 3-21 was completed in 2004. This project reconstructed a portion of the runway while the remaining asphalt was milled and a new 2" layer of asphalt was installed on the entire runway. New runway and threshold lights were also installed. A new two box Precision Approach Path Indicator (PAPI) was also installed to replace the Visual Approach Slope Indicator (VASI) for Runway 3. As part of its maintenance program, the Airport has completed more than 81,000 square yards of crack and sand sealing and has installed new pavement markings and new hold short lines have been installed to meet FAA requirements. Airport Grants Since 2003, the Marana Regional Airport has been working with $3,464,667 in grants from the Adzona Department of Transportation-Aeronautics Division and the Federal Aviation Administration. State Aviation Grants fund 90% of the total cost of a project. The airport is responsible for the remaining 10% of the project cost. Until this year, Federal Aviation Grants funded at least 91.06% of project costs, and half of the remaining 8.94% was typically paid with a State "matching grant". A Federal Aviation Grant-funded airport project with a total project cost of $100,000 only costs the Town $4,470. During this past year, however, the FAA increased its funding percentage to 95% of the total cost of an airport project, and the State has continued to provide a "matching grant" for half of the remaining 5%. E2S10 $450,000 Fire Protection - Install water lines, pumps and hydrants E2F29 $46,102 4.47% Match to Grant # FAA-07 (listed below) E3S09 $550,000 Design Only Grant: RW 3/21 lighting/electrical improvements; Upgrade electrical vault; RW 12/30 extension/strengthen E3F64 $17,974 4.47% Match to Grant # FAA-08 (listed below) E3F13 $7,363 4.47% Match to Grant # FAA-09 (listed below) E5S09 $180,000 Update Airport Master Plan E5S10 $450,000 Construct Transit Ramp E5S11 $7,895 2.5% Match to Grant # FAA-10 (listed below) FAA-07 $939,172 Rehabilitate Runway 3/21 and improve Runway Safety Area FAA-08 $366,161 Prepare environmental assessment for Runway 3/21 extension, including marking, lighting system and signage; Install security fence FAA-09 $150,000 Install security fence and gates Rehabilitate Runway 12/30 and taxiways; Acquire land for Runway FAA-10 $300,000 approaches ANNUAL REPORT - PAGE 19- JAN 2003-JUL 2004 Water Service Agreements (2003-2004) Water is a critically important resource in the Sonora Desert and has always been a ddving factor in Marana. In order to supply the growing community with the necessary water as efficiently as possible, the Town has entered into the following arrangements: With Richmond American, US Home and Pulte Homes for Construction of Water Facilities Under Private Contract for Gladden Farms Blocks 6, 10, 5, 12, 11,16A Resolution Nos. 2004-50, 2004-51, 2004-78, 2003-150, 2003-151 and 2004-59 · With M&I Bank for Construction of Water Facilities Under Private Contract Resolution No. 2004-75 · With Rancho Chimayo, L.L.C. and Paul R. Horowitz for Water Line Extension Construction Resolution No. 2004-76 With Canoa Development Inc. and Monterey Homes for Construction of Water Facilities Under Private Contract for Continental Reserve Blocks 16B,18, 19 and part of 17 Resolution Nos. 2004-79 and 2004-58 · With Pima Aviation, Inc. for Construction of Water Facilities Under Private Contract for Marana Regional Airport T Hangars Resolution No. 2004-80 · With Northwest Fire District for Construction of Water Facilities Under Private Contract for Northwest Fire Station #36 Resolution No. 2004-104 With Flowing Wells Irrigation District for the development of additional infrastructure facilities to benefit both entities Resolution No. 2003-57 For Construction of Water Facilities and Provision of Water Utility Service known as the Studebaker Drive/Sunset Ranch Estates Extension Project of the Continental Reserve Water System Resolution No. 2004-24 · With Best Associates II, LLC, for Construction of Water Facilities and Provision of Water Utility Service for Saguaro Springs Resolution No. 2004-22 · With FCD Marana Venture I, L.L.C., for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service Resolution No. 2003-06 · With D.R. Horton for construction of water facilities under pdvate contract Resolution No. 2003-07 · With BCIF Group for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for the San Lucas Development Resolution No. 2004-105 · With Centres Cortaro L.L.C. for construction of Water Facilities Under Private Contract Resolution No. 2003-131 ANNUAL REPORT- PAGE 20- JAN 2003-JUL 2004 Intergovemmental Agreements (IGAs) To ensure that all of the resources available to the Town are used as eff~ciently as possible, the Council often authorizes cooperative efforts with other governmental entities in Southem Arizona. By pooling resources and sharing responsibilities, we are able to take advantage of the strength and support that we collectively have to offer. The following IGAs were approved in 2003-2004: IGAs with Pima County For payment of incarceration of municipal prisoners Resolution Nos. 2003-26 & 2004-18 For the Community Development Block Grant (CDBG) Program and Home Investment Partnership Program · For cooperation on the Continental Ranch Library · With Pima County Division of Elections for the provision Resolutions No. 2003-117 & 2004-30 Resolution No. 2004-103 of election services for 2003-2005 Resolution Nos. 2003-08 & 2004-116 For design and construction of improvements to Cortaro Road to widen Cortaro Road from 1-10 to past Camino De Oeste, adding a traffic light and turn bays at the intersection of Hartman and Cortaro Road For Construction Works! Affordable Housing Program To extend the Construction Works! Affordable Housing Program For the provision of transit services Resolution No. 2004-43 Resolution No. 2003-34 Resolution No. 2003-107 Resolution No. 2003-161 For disbursement of funds under the U.S. Dept of Homeland Secudty State Grant Program administered by the Pima Co. Health Department for the benefits of MPD Resolution No. 2004-109 · To assist to review and update Marana's emergency operations plan under the Emergency Management Assistance Grant Resolution No. 2003-132 IGAs with Arizona Department of Transportation (ADOT) · For the design and construction by ADOT of an improved eastbound on-ramp at Cortaro Road and 1-10 Resolution No. 2004-89 · For the improvement to Tangerine Road from the Breakers to Thornydale Road Resolution No. 2004-101 · For partial funding for the construction of the Santa Cruz River Shared-Use Path Resolution No. 2003-110 IGAs regarding Law Enforcement With Pima County and the Marana Police Department regarding the High Intensity Drug Trafficking Area Program Drug Grant Agreement Resolution Nos. 2003-39 & 2004-66 Between the City of Tucson and Marana Police Department for sharing law enforcement information via COPLINK Resolution No. 2003-113 With the Arizona Department of Public Safety for enhancing law enforcement services pertaining to motor vehicle theft Resolution No. 2003-132 · With Pima County/Tucson Metropolitan Counter Narcotics Alliance Resolution No. 2004-69 ANNUAL REPORT- PAGE 21 - JAN 2003-JUL 2004 IGAs with the Pascua Yaqui Tribe · For infrastructure improvements within the Yoem Pueblo community Resolution No. 2004-55 · To authorize and facilitate the Town's participation in the purchase and installation of playground equipment at Yoem Pueblo using CDBG funding Resolution No. 2003-145 IGAs with the Northwest Fire District Eliminating the Town's obligation to construct the Marana Municipal Complex Fire Station with bond funding issued by the Marana Municipal Property Corporation Resolution No. 2003-96 For reimbursement of expenses relating to Opticom traffic signal preemptor devices Resolution No. 2004-71 Economic IGAs Relating to the establishment of and participation in the Tucson Pima Enterprise Zone. Resolution No. 2003-144 For participation in Pima County/Tucson/South Tucson/Marana/Sahuadta Enterprise Zone Resolution No. 2003-137 Arizona Public Entity National Century Financial Enterprises Loss Recovery IGA Resolution No. 2003-64 IGAs regarding Water Multi-party IGA regarding permitting and operating managed in-channel recharge of effluent in the Santa Cruz River Channel Resolution No. 2003-33 IGA with the City of Tucson for groundwater modeling on the Santa Cruz River for the Tres Rios del Norte project Resolution No. 2003-62 IGA with the University of Arizona to extend and amend membership in the Water Conservation Alliance of Southern Adzona Resolution No. 2003-82 Additional IGAs · IGA with U.S. Game & Fish department for distribution of HCP grant monies · IGA with Gladden Farms Community Facilities District Resolution No. 2004-23 · Amended IGA with Pima Animal Care Center for the provision of animal control services within the Town of Marana Resolution No. 2004-44 Adopting the National Park Service Comprehensive Management and Use Plan (CMP) and agreeing to participate in the certification of segments of the Juan Bautista de Anza National Historic Trail within the town's jurisdictions. Resolution No. 2003-23 With the Marana Unified School District to receive portable buildings in exchange for educational services Resolution No. 2003-91 With the Town of Oro Valley designating each Town's attorney as the A.R.S. § 9-500.12 exaction and dedication headng officer for the other Resolution No. 2003-124 ANNUAL REPORT - PAGE 22 - JAN 2003-JUL 2004 Operations & Maintenance (O&M) O&M is a support group that serves the needs of the Town of Marana through maintenance programs and routines. All efforts are directed towards providing an improved quality of life through better maintenance of existing facilities and infrastructure. The Department is responsible for: 243 miles of road 194 miles of curb and gutter 136 miles of sidewalks (over 66 acres) 12 signalized intersections 60 seasonal banners (x 3 changes per year) 160 vehicles and 36 trailers State & Federal Grant Monies 52 pieces of specialized equipment 9 Town facilities Landscaping in medians and right-of-ways Emergency response Street lights Wash and drainage way maintenance In order to provide the community with the best service, Marana receives grants from federal and state agencies to fund specific projects. Often the Town of Marana is required to contribute additional funding, called matching. These grants were accorded to the Town during 2003-2004: 2003 Community Development $260,000 To provided housing for No. 2004-30 Block Grant Program lower income persons Grant from the Arizona Funding as For a new position of Department of Employment Therapeutic Recreation Security needed Coordinator To assist to review and Emergency Management No. 2003- Assistance Grant $10,000 update Marana's 141 emergency operations plan Law Enforcement Block Grant To upgrade the crime from the Arizona Criminal Justice $11,111 with a 10% match scene technician's digital Commission for MPD photography equipment U.S. Dept of Homeland Security For training, exercises and 2003 State Homeland Security $26,431 equipment for terrorist No. 2004- 109 Grant Program to MPD incident response Partial Grant from the U.S. Fish $207,000 (lyr) To develop the Habitat and Wildlife Service $134,990 (2yr) Conservation Plan (HCP) High Intensity Drug Trafficking $48,920 to For a multi-agency drug No. 2003-39 Area Program Grant MPD task force No. 2004-66 Remainder of DOJ 2001 State Domestic For terrorist incident Preparedness Program Grant $42,125 from No. 2003-43 response preparation 2001 For a DUI Patrol car & Grant from the Governor's Office of Highway Safety $43,000 equipment, also including No. 2004-70 overtime expenses Grant from the Governor's Office For the Accident No. 2003- of Highway Safety $17,000 Investigation Measuring 1'/2 System (AIMS) ANNUAL REPORT - PAGE 23- JAN 2003-JUL 2004 Community Outreach The Partnership between Town and Citizen The members of Marana's Town Council are, first and foremost, citizens of Marana. By their dedication to Marana through their work on the Council, they demonstrate their commitment to community participation and involvement at every level of the Town's administration. Our Mayor and Council members recognize that Marana residents have always been keenly interested in what goes on throughout their community and encourage participation through a number of community outreach forums. The Citizen Resource and Education Workshop The Citizen Resource and Education Workshop (C.R.E.W.) is a free, 6-week course designed to introduce the public to the Town of Marana services. Throughout the workshop, participants have the opportunity to interact with Council Members, department heads and line staff who help manage and operate the Town. The program is facilitated by the Town Clerk and incorporates brief presentations by community agencies and organizations that have formed partnerships with the Town to enhance public awareness and availability of services. Marana Teen Advisory Council The Town of Marana organized the Marana Teen Advisory Council to give the youth of the community the opportunity to improve the environment for their friends, family, and classmates using the democratic process. Working together with leaders of the community they have worked: · To acquire a greater knowledge of and appreciation for the American political system through active participation in that system. · To survey the community and adopt regulations for street scooters. · To represent the Town of Marana at the League of Cities and various business openings. · To develop processes for preventing school violence, teen substance abuse, and graffiti. The Citizens' Police Academy The Citizens Police Academy, sponsored by the Marana Police Department, is a 10-week course that provides an in-depth look at the intemal and external functions of the department. This program is also free and has been approved by Pima Community College for credit in their criminal justice ANNUAL REPORT - PAGE 24- JAN 2003-JUL 2004 curriculum. Sessions give participants the opportunity to see K-9 dogs in action, practice CPR techniques, perform crime scene investigation and understand the philosophy that drives Marana's unique brand of law enforcement - community policing. So far, more than 160 citizens have been instructed through these academies. The Community Emergency Response Team The Community Emergency Response Team (C.E.R.T.) is a popular new program that evolved as a component of Homeland Security. Officers from the Marana Police Department train people in neighborhoods, the workplace and in schools in the basic disaster response skills such as fire suppression, urban search and rescue and medical operations. Marana was the first municipality to train the largest class in the state six training sessions were held and 120 people were certified. Volunteers in Police Service VIPS or Volunteers in Police Service is another community policing program that has garnered nearly 100 volunteers in Marana. Training and vehicles are provided by Marana Police to give neighborhoods more responsibility for keeping their community safe. This is also a new program that has attracted many senior residents because they can be actively involved in serving and protecting their community by working with the Criminal Investigations Unit, Community Resources, volunteer patrols and fingerprinting division. Police Explorer Program The Explorer Program is an eight-year-old volunteer program to provide young people from 14 through 20 years of age the opportunity to learn a career in Law Enforcement. Explorers also participate in community events, school programs, special events and adopt-a-road projects. Community Watch Programs This program helps to facilitate citizen involvement in self-policing their communities to deter crime. Since the resources of the Police Department are limited, this partnership with Marana residents is vital to the safety of our Town. Programs like this encourage people to be observant and to report all suspicious activities. Approximately 30 new watch groups are in various stages of development in the Continental Ranch, Sunset Hills Estates and Dove Mountain areas. In addition, steps have been taken towards establishing Apartment Watch Programs. ANNUAL REPORT- PAGE 25- JAN 2003-JUL 2004 Parks & Recreation Events, Activities and Facilities in the Town of Marana The Town of Marana has a very active and enthusiastic Department of Parks & Recreation that works to improve the quality of life for our residents through parks and programming. They seek to accommodate the recreation needs and wishes of many different demographic groups in Marana-- families, teens, seniors, etc.---and provide extensive opportunities for community involvement and interaction. The wonderful staff on the Parks & Rec Team is "Dedicated to developing and implementing quality parks and leisure services for our community with a commitment to excellence, safety & pride." Special Events The Special Events Division of the Parks and Recreation Department sponsors several community events throughout the year. Fourth of July Saturday, July 3, 2004 6:00 pm to 11:00 pm Ora Mae Harn Park This is a traditional event promoting family entertainment. The event features watermelon eating contests, an ice cream social, softball tournament, karaoke, children's activity area, and one of the largest firework shows in Southern Arizona. Spooktackular Saturday, October 30, 2004 6:00 pm to 8:30 pm Ora Mae Ham Park Spooktackular offers a safe setting for children and families to enjoy trick or treating. The evening offers entertainment, costume judging, pumpkin decorating with a fun and fdendly atmosphere. Tree Lighting Saturday, December 4, 2004 4:00 pm to 7:00 pm Ora Mae Ham Park The Town tree is lit and Santa arrives. Families enjoy a snow play area, vendors, youth entertainment, a hay ride, and carolers. ANNUAL REPORT - PAGE 26 - JAN 2003-JUL 2004 Miracle in Marana Saturday, December 18, 2004 6:00 am to 6:00 pm Ora Mae Harn Park The community comes together to offer every child a gift from Santa, food, entertainment, jumping castles, and a petting zoo. Founders' Day Celebration March 18, 19 and 20, 2005 Ora Mae Harn Park Founders' Day is a celebration of the Town of Marana's heritage and culture. The event begins with the Founder's Day Parade and includes a three day rodeo, entertainment, Indian pow wow, antique vendors, car show, food, crafts, and carnival. The 2005 celebration will also include the dedication and grand opening of the brand-new Marana Municipal Complex. Hip Hop Holiday Saturday, April 23, 2005 10:00 am to 12:00pm Continental Ranch Park This is an egg hunt for children with entertainment, food, and prizes. Marana Unified School District Partnerships The Town's Department of Parks & Recreation also participates in many programs jointly with the school district to provide our children with both events and facilities. The activities include before- school and after-school programs, the Adaptive Recreation After-School Programs, the Super Star Student Program and the Summer Day Camps at the elementary schools. Furthermore, this cooperation can be seen in facilities exchange, like those at the Marana Heritage Arena, located on land leased by the Town from the District, and the Marana Municipal Swimming Pool used for physical education classes by Marana Middle School. This partnership also gives students a chance for more active participation in their community through programs like the Mayor's Youth Council and the opportunities that Marana High School art students have to participate in public art projects. Westem Heritage Facility The Marana Western Heritage Arena--located at the intersection of Postvale Road and the Frontage Road-opened for Founder's Day, March 12, 2004. Town of Marana personnel constructed the arena with the assistance of volunteers from the Western Heritage Committee. It is the site of the Marana Rodeo, but the arena is also available to community groups for equestrian events through registration with the Parks and Recreation Department. The Western Heritage Committee is an advisory organization that works with the Parks and Recreation Department to promote family events at the arena. The Marana Heritage Park The Marana Heritage Park will tell the story of Marana's past and celebrate, honor, and interpret the community's history and culture. The complex will have an agricultural theme, but Heritage House will also be available for local community arts and will serve as a museum commemorating the history of this region. ANNUAL REPORT- PAGE 27- JAN 2003-JUL 2004 The Heritage House is scheduled for completion in first week of November. Site improvements around the house will continue through December. A master plan for the cultural area of the park will be undertaken, considering circulation, traffic, and links to surrounding neighborhoods and the Municipal Center. In conjunction with the Hedtage Park Project, the Town's Engineering and Public Works staff has begun efforts to record, document and salvage the histodc Producer's Cotton Oil Building near the Marana Interchange. This mud adobe structure dates to the 1920's and was a local landmark in the cotton industry. Although the deteriorated condition of the building prevents reasonable restoration, the architecture is being documented by the Town. Salvage of all reusable materials will occur during the next year, and the Cotton Oil Building will be recreated in the Heritage Park, just 2 miles to the south of building's odginal location. ANNUAL REPORT - PAGE 28- JAN 2003-JUL 2004 Our Law Enforcement Team Marana's Police Department & Courts The Marana Police Department's mission is to serve the public by furthering a partnership with the community to protect life and property, prevent crimes and solve problems. We are dedicated to improving the quality of life by earning the mutual trust and respect of the community through our professionalism and commitment to excellence. Our vision is to become a leader among agencies providing police services, by placing a high priority on community involvement and education (through programs listed under community outreach in Chapter 3), customer service, and respect for individual rights and cultural diversity. Police Department Achievements & Additions · Communications Radio Upgrade: In August 2004, the Town of Marana contracted with Motorola for a $2 million upgrade system know as ASTRO LE, which could allow law enforcement and fire agencies in Marana and Pima County to communicate with each other in emergency situations. · Soft Armor Bulletproof Vest Grant Program: To provide our officers with body protections and to supplement the Town's budget, a grant was obtained through the Bureau of Justice Assistance Program for $5,218.60 this year. · Communications Wireless Phase I1: In Apdl, Marana was the first in Pima County to obtain an upgrade with our 911 PSAP wireless mapping, enabling dispatchers to locate cellular callers on the 911 calls through this feature. · Inception of an Equestrian Patrol: The Mounted Unit patrols the linear park system, the neighborhoods and parks within the Town limits of Marana, and the 2,400 acre Tortolita Preserve. The unit is used for crowd control as well as search and rescue. To date the mounted unit has been involved in the recovery of over $100,000 of stolen property as well as numerous arrests · COP LINK: This multiagency area network identifies and cross-references cdminal elements from various resources, searching through arrest records, incident reports, and emergency phone calls to identify potential suspects and compile all possible leads on them. · Sex Offender Website: This feature on the Police Department's website displays the identities and address information of sex offenders residing in the Marana area, including information about proximity to schools or day-care facilities. · Red Tag Ordinance: Implementation of the Loud or Unruly Gathering Ordinance · Inception of the Pima Regional SWAT Team ANNUAL REPORT - PAGE 29- JAN 2003-JUL 2004 · "Active Shooter" Training: All certified personnel completed this interactive training designed to prepare law enforcement teams for a possible school related shooting. This training involved both a classroom exercise on the Firearms Training Simulator and an actual simulation carried out with the help of local high school drama students. · $17,000 Accident Investigation Measuring System (AIMS) Grant from the Govemor's Office of Highway Safety · $43,000 DUI Patrol CadOvertime Grant from the Governor's Office of Highway Safety · Purchase and use of TASERs as effective, non-lethal devices · CPR certifications provided to many Town employees, especially in the Parks and Recreation Department ANNUAL REPORT- PAGE 30 - JAN 2003-JUL 2004 Systems & Technology Marana's Information Network We live in a high speed world and the Town of Marana has embraced the technology that helps us provide faster, more efficient service to our residents. We use communication systems, data storage and computing technologies to improve our response time and provide a better product to both our staff and the citizens of our Town. The two departments most closely aligned with this work are the Geographic Information Systems (GIS) Department and the Information Technology (IT) Department. The GIS Department services the Town departments, the development community, and the general public with detailed site analysis and mapping products and services. The IT Department is responsible for developing and implementing technology to facilitate the productive and efficient use of Town computer, network, and communication resources. Geographic Information Systems The GIS department has expanded its services beyond Development Services and into the Parks & Recreation, Police, Operations, and Water Departments. Major contributions include: · The analysis of business and geographic information needs for the Water department to improve customer identification and tracking of existing water metering facilities; · Land use and habitat analysis to support the Habitat Conservation Plan; · GPS field location processing for water facilities, traffic signs and signals, and storm drains for inventory and asset management needs; · A roadway photo database containing 60,000 photos of arterial roadways to support Operations & Maintenance inventory and analysis of roadway conditions. In June, the GIS Department updated its Image library with new IKNONOS imagery in conjunction with Oro Valley and Northwest Fire. GIS is also coordinating large format document scanning of as-builts plans for the Public Works and the Water Departments this activity will reduce cost and reliance upon reproduction services. ANNUAL REPORT - PAGE 31 - JAN 2003-JUL 2004 Infoiziiation Technology Communication's Tower Based on the recommendation of the IT Department, the Council approved the development of a Communication Tower facility located at the corner of Barnett and Lon Adams. The main purpose of this Tower is to accommodate the need for multiple antennas and other communication equipment for both the Town of Marana and Northwest Fire. Having all the equipment centralized and with the needed height ensures that we receive the coverage that the Town of Marana needs to serve its citizens for Pubic Safety. The tower will be completed and operational by the end of October of 2004. Wireless Wide Area Network- ININAN The Town of Marana has implemented a Wireless Wide Area Network to achieve better and more efficient communication between multiple facilities. Within the network, all servers are now centralized and the IT department is able to better manage the system by providing reliable backups, enterprise virus protection, SPAM filtering, in-house email, and increased productivity. During its six months of operation, the network has proved both reliable and stable. ANNUAL REPORT- PAGE 32- JAN 2003-JUL 2004 Marana's Fiscal Operations A Financial Review of 2003/2004 The Town of Marana's Accounting & Finance Department has the very important tasks of managing our monetary resources, reducing bureaucratic waste and keeping the Town financially strong. On a daily basis, the staff · Properly accounts for the day to day transactions of the Town, · Protects and ensures the efficient and effective use of the Town's fiscal resources, · Provides current and relevant financial reports for Council, senior management and citizens, · And utilizes technology to improve the delivery of service for all aspects of town government. Fiscal 2004 Operating Results Aggregate surplus of $4.3 million · $1.7M generated from impact fee funds · $1.9M generated from HURF/LTAFFFransportation funds General Fund operating surplus of $3.2 million · $1.4M generated from one-time, non-recurring revenues · $1.8M generated from excess revenues (over expenditures), primarily sales tax and building & development fees · Gross sales tax greater than budget by $2.3M · Construction industry surpassed budget expectations by $766K (11%) · Retail trade exceeded budget by $111K (1.56%) · All other industries, except mining and wholesale trade, exceeded budget expectations · Operating surplus used to fund $3.0 million in general fund CIP expenditures ANNUAL REPORT- PAGE 33- JAN 2003-JUL 2004 Fiscal 2004 CIP Summary Total expenditures = $23.2 million · $6.2M (27%): transportation-related infrastructure improvements · $12.7M (55%): new municipal complex · $1.4M (6%) = park and recreational amenities · $841K (4%) = airport improvements · $758K (3%) = new and replacement vehicles and equipment Bond Rating In connection with the Town's issuance of approximately $19 million in revenue bonds through the Marana Municipal Property Corporation in 2003, the Town increased its bond rating from A to A+. The upgrade in the rating stems from a very strong undesignated fund balance that is a direct result of prudent fiscal policy and conservative fiscal planning/budgeting. ANNUAL REPORT - PAGE 34- JAN 2003-JUL 2004 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jane Howell Relating to Personnel, approving and authorizing three additional staff positions with an estimated fiscal impact of $190,424. DISCUSSION Since the FY2004-2005 budget was approved, workload pressures have affected services in several departments. Additional positions are needed to cope with these increased pressures. The Human Resources Department provides services to all employees in all areas relating to employment, from recruiting and selection to separation. With the growth in the number of employees, service and records requirements have also grown. Current staff conducts basic transactional and administrative activities. The Analyst, who is a human resources professional and generalist, spends 80% of her time in the crucial area of recruitment and selection. That leaves 20% of her time to perform other administrative functions for the department, including compensation and benefits administration, and virtually no time for analyses and recommendations for which she was hired. An additional analyst will provide technical and professional skills and abilities, with the expectation that there will be increased opportunity for processes and policies to be analyzed and recommendations made for improved Human Resources services, administration and strategic partnering. Hiring salary is expected to be between $34,800 and $43,500, depending on qualifications. As a result of workload and staffing evaluations completed by recently appointed Planning Director Barbara Berlin, the addition of two more Planners I was identified as an immediate need. A planning technician position was approved and filled in May 2004, the first new planning staff in four years. The position, which has been responsible for routine clerical assistance, was recently changed to Planner I. based on the evaluative findings of the Planning Director. The incumbent Technician was promoted, and the position of planning technician will not be back-filled. There remains a critical need for one more Planner I to be added as soon as possible. Hiring salary is expected to be between $35,670 and $44,587, depending on qualifications. Because of the explosive growth in Marana, the Planning Director continues to evaluate the department's ability to meet the demands of development. The two Planner 1 positions address immediate needs for processing submittals. Requests for additional staff may be made if the on-going evaluation supports the requests. Additional HR, Planning Staff~IH 10/22/2004 1:33 PM The passage of the May 2004 County Bond issue means that the Town will receive $12,000,000 in bonded Capital Improvement Projects over the next five years. A full-time project manager, dedicated to CIP, is needed now to ensure professionalism and technical expertise in the management of these projects. No current project manager is able to meet the expectations of this new position and maintain current workloads. Hiring salary is expected to be between $55,633 and $69,541, depending upon qualifications. Assuming hiring salaries mid-way between the minimum and mid-points listed above, fiscal impact is estimated to be: Human Resources Analyst: $39,150 base pay + $11,745 benefits; work station is in place = $50,895 Planner I: $40,128 base pay + $12,038 benefits + $3,000 work station $55,166 CIP Project Manager $62,587 base pay +$18,776 benefits + $3,000 work station $84,363 Estimated Total Impact = $190,424 RECOMMENDATION Staff recommends approval of three new positions, one Human Resources Analyst, one Planner I, and one CIP Project Manager, with an estimated fiscal impact of $190,424, to be hired as soon as possible. SUGGESTED MOTION I move to approve and authorize three additional staff, with an estimated fiscal impact of $190,424, to be hired as soon as possible. -2- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2004-155: Relating to Development; approving a development Plan for Texas Roadhouse. DISCUSSION APPLICANT Texas Roadhouse, represented by The WLB Group, 4444 E Broadway, Tucson, Arizona 85711. LOCATION The project is located on lot 2 of the Continental Ranch Business Park and generally South of Arizona Pavilions Drive and East of Cracker Barrel Road within a portion of Section 26, Township 12 South, and Range 12 East. PROJECT DESCRIPTION The applicant is proposing a Texas Roadhouse restaurant. The land use designation for the site is C* Freeway Commercial as per the Continental Ranch Specific Plan. The Freeway Commercial designation allows for a restaurant as a permitted use. The gross site area is approximately 2 acres with 18% of the area being landscaped. The proposed building is single story with building a height of less than twenty eight (28) feet. The building setbacks exceed the minimum fifteen (15) foot requirement. This project will be served by two separate driveways off of Cracker Barrel Road. ATTACHMENTS Site map, color elevation and development plan. RECOMMENDATION Staff recommends approval of Resolution No. 2004-155, approving a development plan for lot 2 in the Continental Ranch Business Park. Staff has reviewed the application using the Continental Ranch Specific Plan, adopted by Ordinance No. 88.09 April 5, 1989, The Continental Ranch Business Park Final Plat recorded March 10, 1997, the Marana Land Development Code, and the Marana General Plan. This Development Plan is in conformance with all required development regulations and conditions of zoning. SUGGESTED MOTION I move to approve Resolution 2004-155. 110304 DPR-04045 Texas Roadhouse.doc CONTINENTAL RANCH LOT 2, DEVELOPW£NT PLAN 11/04 II - HOSPITALIT~ ROAD / / / 20'-0" TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. A. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jocelyn C. Bronson, Town Clerk Resolution No. 2004-147: Relating to liquor licenses; consideration of recommendation to the Arizona Department of Liquor Licenses & Control for a No. 11 (Hotel-Motel with Restaurant) liquor license submitted by Coyote Moon Resort, LLC, located at 7501 N. Wade Road. DISCUSSION Joseph Julius Studer, on behalf of Coyote Moon Resort, LLC, is applying for a No. 11 (Hotel- Motel with Restaurant) liquor license for premises located at 7501 N. Wade Road. The business is in compliance, and the Marana Police Department, showing no record on file, has completed a background check. In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office has received two copies of an application for a spirituous liquor license from the State Department of Liquor Licenses & Control Department. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate' governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. During the time the governing body is processing the application, the Department will conduct a background check of the applicant. If the application is approved at the appropriate government level, and no written protests have been received by the Department, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers the application or offers a "no- recommendation" decision, or if the protests have been filed with the Department, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-location transfer need only prove that the granting of the license is in the "best interest of the community". BLUCoyote Moon Liquor. doc The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. § 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION The applicant has met the posting requirements for a No. 11 (Hotel-Motel with Restaurant) liquor license for premises located at 7501 N. Wade Road to the Arizona Department of Liquor Licenses & Control and has met the posting requirements. The Town Clerk has received no comments in favor or against the application. Staff recommends consideration of approval of this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2004-147. JCB/Liquor License Coyote Moon Resort, LLC -2- 10/26/2004/2:34 PM MARANA RESOLUTION NO. 2004-147 RELATING TO LIQUOR LICENSES; CONSIDERATION OF RECOMMENDATION TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL FOR A NEW NO. 11 HOTEL-MOTEL WITH RESTAURANT LIQUOR LICENSE FOR A LIMITED LIABILITY COMPANY SUBMITTED BY JOSEPH JULIUS STUDER ON BEHALF OF COYOTE MOON RESORT, LLC, LOCATED AT 7501 N. WADE ROAD. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses & Control; and WHEREAS, Joseph Julius Studer, has applied for a No. 11 Hotel-Motel with Restaurant liquor license for the premises known as Coyote Moon Resort, LLC, located at 7501 N. Wade Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 7501 N. Wade Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on November 3, 2004, and has determined that it is in the best interests of the Town and its citizens that the application for a No. 11 Hotel-Motel with Restaurant liquor license for Coyote Moon Resort, LLC, filed by Joseph Julius Studer for premises located at 7501 N. Wade Road be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a No. 11 Hotel-Motel with Restaurant liquor license filed by Joseph Julius Studer for premises located at 7501 N. Wade Road. Marana Resolution No. 2004-147 Page I of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3ra day of November, 2004. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2004-147 Page 2 of 2 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. A. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2004-148: Relating to Subdivisions; Approving a Final Plat for Canyon Pass IV-B at Dove Mountain. DISCUSSION APPLICANT Cottonwood Properties, 3567 East Sunrise Road, Suite 219, Tucson, Arizona, represented by their engineering firm, OPW and Associates, 7000 E. Tanque Verde, Suite 37, Tucson, Arizona. LOCATION The project is generally located within the Dove Mountain Specific Plan area, north of Heritage Club Boulevard, east of Dove Mountain Boulevard, in a portion of Sections 24 and 25, Township 11 South, and Range 13 East. PROJECT DESCRIPTION The applicant is proposing 52 single-family lots on 126.20 acres of land. The land use designation within the Dove Mountain Specific Plan is "E" (Estate Lots). The minimum lot size permitted is 36,000 square feet. The average lot size for this project is 92,782.28 square feet. The proposed streets will be private. Total miles of proposed private streets are 1.45 miles. The approved land use standards allow a building height of up to 30 feet, limited to two stories. Street sections of 42' and 60' have been approved for this project by Northwest Fire District, Marana Traffic Division, and the Development Services Administrator. ATTACHMENTS Staff report. RECOMMENDATION Staff recommends approval of a Final Plat for Canyon Pass IV-B at Dove Mountain. Staff has reviewed the request using the requirements of the adopted Dove Mountain Specific Plan as amended by Ordinance 2000.04 adopted March 28, 2000, the Marana Land Development Code, special external agency requirements, and the Town of Marana General Plan. This final plat is in substantial conformance with all required development regulations and conditions of zoning. PRV-02037 Canyon Pass IV -B SUGGESTED MOTION I move to approve Resolution No. 2004-148. 110204 Canyon Pass IV-B Final Plat.doc -2- MARANA RESOLUTION NO. 2004-148 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR CANYON PASS IV-B AT DOVE MOUNTAIN. WHEREAS, Cottonwood Properties is the owner of 126.20 acres within the Canyon Pass IV-B Final Plat of the Dove Mountain Specific Plan, generally located in portions of Sections 24 and 25, Township 1 ! South, Range 13 East; and WHEREAS, the Dove Mountain Specific Plan eliminates the necessity of preliminary plats, and allows developers to present final plats only; and WHEREAS, Cottonwood Properties has applied to the Town of Marana for approval of a 52-1ot subdivision within the final plat for Canyon Pass IV-B; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held November 2, 2004; and WHEREAS, the Mayor and Council have determined that the final plat for Canyon Pass IV-B Final Plat meets all applicable requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for Canyon Pass IV-B, submitted by Cottonwood Properties located in Sections 24 and 25, Township 11 South, Range 13 East, generally north of Heritage Club Boulevard and east of Dove Mountain Boulevard is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of November, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney TOWN OF MARANA TOWN OF MARANA PLANNING DEPARTMENT 13555 N. Sanders Road, Marana, Arizona 85653 APPLICATION FOR SUBDIVISION PLAT REVIEW Project Location: Within the Dove Mountain Specific Plan Property Location Description: North Canyon of Dove Mountain Assessor's Parcel Number and Legal Description: 219-09-001A: 219-09-001C, 001D, 002C, 002E Existing Use of Property: Vacant land 219-33-0030; 218-43-5220; 218-40-007K; - See attached location map REQUEST: Preliminary Plat Final Plat Amended Plat Resubdivision Reversion to Acreage Acres: 126.10 SUBDIVISION NAME: Canyon Pass 4B at Dove Mountain PRESENT ZONING: E (Estate Lot) GENERAL PLAN DESIGNATION: Refer to Dove Mountain Specific Plan Applicants IntereSt: [] Own [] Lease [] In Escrow [] Option to Buy Name of Applicant: Cottonwood Properties Applicant's Address: 3567 E. Sunrise, #219, Tucson, AZ Contact Person: Bill Hallinan Phone: Fax: Name of Property Owner: Cottonwood Properties Address of Property Owner: 3567 E. Sunrise, #219, Tucson, AZ Contact Person: Bill Hallinan Phone: Fax: Project Planner/Engineering Firm: Firm's Address: Contact Person: 85718 (520} 299-8424 (520) 577-2391 85718 (520} 299-8424 (520) 577-2391 OPW & ASSOCIATES, INC. 0333 E. Crc:-,t Barbee Hanson Phone: ' (520) 296-8544 Fax: (520) 296-2356 !, THE UNDERSIGNED, CERTIFY THAT ALL OF THE FACTS SET FORTH IN THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE AND THAT I AM EITHER THE OWNER OF THE PROPERTY OR THAT I HAVE BEEN AUTHORIZED IN WRITING BY THE OWNER TO FILE THIS APPLICATION AND CHECKLIST. OPW & Associates, Inc./Barbee Hanson ~ ~ ////~ ~ ~ Print Name of Applicant/Agent // Signature Date / H:~PLANNING\FORMS\DEVPKG\1997\FPRAPP97.DOC Page 8 of 11 (Rev. 5/1/97) FOR OFFICE USE ONLY Case Number: PRV- O.~.(~ ~ pp Date Filed: Receipt Number: Fee S u bmitted :~ ~, 1~.¢~ PLANNING COMMISSION Meeting Date: Continued To: Continued To: Continued To: GRANTED GRANTED WITH STIPULATIONS DENIED TOWN COUNCIL Meeting Date: Continued To: Continued To: Continued To: Resolution Number Effective Date Expiration Date GRANTED GRANTED WITH STIPULATIONS DENIED Notes: H:~PLANNING\FORMS\DEVPKG\1997~FPRAPP97.DOC Page 9 of 11 (Rev. 5/1/97) 96013\nc\forms\subplat4b SUPPLEMENTAL SHEET Type of Project: (explain) Project Location: Project Area: [] Residential [] Commercial Within Dove Mountain Specific Plan 5,558,691 sq. ft. [] Industrial [] Other 127.61 acres RESIDENTIAL: Apartments Single Family Attached Other Number Density 1 BR 2 BR 3+ BR -0- units N/ARAC 52 units 0.41 P.,AC 52 N/A units N/A RAC Parking: Total on-site: 2 Garage: Yes Carport: Open Space: N/A sq.ft./unit Storage Areas: NON-RESIDENTIAL: Hours of Operation: Number of Shifts: Gross Floor Area: Parking Spaces: N/A Patios: N/A cu.ft./unit Ratio: 2 per unit Open: a.m. to Employees/Shift: sq.ft. Existing: sq.ft. Balconies N/A sq.ft. N/A Total Building coverage N/A % Seating Capacity: Building Coverage spaces Ratio: (if applicable) p.m. through Total Employees sq.ft. Proposed: sq.ft. /sq.ft. or Employees Number of Students/Children: (when applicable) % of the site % Landscaping: LIST RELATED CASES FILE NAME/PROCESS Canyon Pass IV-A (Lots 182-227) Canyon Pass Ill (Lots 111-181) Canyon Pass II (Lots 49-110) Canyon Pass (Lots 1-48) Canyon Pass IV-B (Lots 228-278) BK/PG 54/41 53/89 52/97 51/86 Not Recorded CASE # 1. PRY-0021 2. PRV-99102 3. PRY-9940 4. PRV-9835 5. PRV-00021 96013\nc~supplementalsheet4b MARANA /PRv'02037 I Request for approval of a Final Plat for a 52-1ot single-family subdivision on 126.20 acres within the Dove Mountain Specific Plan. -~)> C~Z 0-< <0 ~ .eo.oooo N N 0O'O2'54" ~Z 419.71' SEE SHEET //5 / ~ // / / / / ~Z ~h SEE SHEET 4,19.71' z ~ :~: [:i :~ ':: ~Z o~ Z-- / TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3,2004 AGENDA ITEM: IX. A. 3 TO: FROM: AGENDA TITLE: MAYOR AND COUNCIL Harvey Gill, Public Works Director Resolution No. 2004-149: Relating to Intergovernmental Agreements; approving and authorizing the Town to enter into an intergovernmental agreement with the Arizona Department of Environmental Quality (ADEQ) to receive grant funding for implementation of the Town's Storm Water Management Plan on a 40% non-federal match basis. DISCUSSION The Town submitted a Notice of Intent (NOI) and Storm Water Management Program (SWMP) to the Arizona Department of Environmental Quality (ADEQ) in March, 2003. The Town's SWMP identifies Best Management Practices (BMPs) for storm water pollution prevention for the Compliance Area established by ADEQ and previously by the Environmental Protection Agency (EPA) of the USA Region IX. ADEQ requires full compliance with the BMPS the Town identified in the SWMP by June of 2007. ADEQ created the Storm Water Phase II Assistance Program upon acquiring primacy of the storm water permit program. The assistance comes in the form of a 60/40 non-federal match reimbursement grant for each BMP project identified for a total of up to $25,000. The Town applied for ADEQs funding and the application was approved on September 15, 2004. ADEQ will provide $23,531.35 to the Town for administration, supplies/materials, equipment, mandatory staff training and personnel salaries as a 60% match. The Town's 40% match will be met mostly in personnel salaries with the following exceptions: Public outreach project: $318.40 in materials and storm drain markings; and $62 for GPS unit and track mileage to meet the 60/40 requirements. The Town's total match is $20,138. ATTACHMENTS ADEQ Government Services Agreement between the Town and ADEQ. RECOMMENDATION Staff recommends that Council authorize the Town to enter into the IGA with ADEQ to receive grant funding for implementation of the Storm Water Management Plan on a 40% non-federal match basis. SUGGESTED MOTION I move to approve Resolution No. 2004-149. ADEQ IGA/HG/PW 10/27/2004/11:38 AM MARANA RESOLUTION NO. 2004-149 RELATING TO INTERGOVERNMENTAL AGREEMENTS; APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY (ADEQ) TO RECEIVE GRANT FUNDING FOR IMPLEMENTATION OF THE TOWN'S STORM WATER MANAGEMENT PLAN ON A 40% NON-FEDERAL MATCH BASIS. WHEREAS, the Town of Marana was mandated to comply with the Arizona Pollution Discharge Elimination System; and WHEREAS the Town of Marana submitted a Notice of Intent (NOI) and a Stormwater Management Plan (SWMP) in March of 2003 to the Arizona Department of Environmental Quality (ADEQ); and WHEREAS, ADEQ created the Stormwater Phase II Assistance Program for assisting small municipalities with the mandatory Phase II implementation; and WHEREAS grant monies are available on a reimbursement basis as a 60/40 non-federal match for each Best Management Practices (BMP) project; and WHEREAS the Town of Marana applied for ADEQ's funding assistance by completing a grant application including a Scope of Work and budget forms; and WHEREAS, ADEQ approved a total of $24,531.00 in reimbursement monies for work completed by June 30, 2005, and defined in the Town's approved Scope of Work and Budget; and WHEREAS, the Town of Marana's share of the grant commitment is a total of $20,138.00 to implement the mandatory Stormwater program BMP goals; and WHEREAS to receive the funds awarded by ADEQ's Stormwater Assistance Program, the Town of Marana must enter into an IGA with ADEQ; and WHEREAS, the Mayor and Council of the Town of Marana find that it is in the best interests of the public to execute said intergovernmental agreement. 10/26/20044:17 PM Marana, Arizona Resolution No. 2004-149 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the Town of Marana is authorized to enter into an agreement with ADEQ to receive funding for implementation of the Town's Stormwater Management Plan on a 40% non-federal match basis, attached to and incorporated by this reference in this resolution as Exhibit "A" is hereby approved, and the Town Manager is hereby authorized to execute said Exhibit "A" on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of November, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney 10/26/20044:15 PM Marana, Arizona Resolution No. 2004-xx Page 2 of 2 ADEQ CONTRACT NO.: EV03-0155 (16) TERMINATION DATE: June 30, 2005 GOVERNMENT SERVICES AGREEMENT Between .MIIZONA DEPARTMENT OF EN¥IRONMENTAL QUALITY and TOWN OF MARANA THIS AGREEMENT is between the STATE OF ARIZONA DEPARTMENT OF ENWIRONWIENTAL QUALITY [hereinafter sometimes referred to as the "Department" or "ADEQ"], located at 1110 W. Washington, Phoenix, Arizona 85007, established pursuant to A.R.S. ~9-102, authorized to contract under A.R.S. ~9-104, and the TOWN OF MARANA [hereinafter sometimes referred to as the "Contractor" or "Town"]. The purpose of this Agreement is to provide funding under ADEQ's Storrnwater Phase II Assistance Program to begin to implement the Town ofMarana's Stormwater Management Program. Tiffs document, including Attachment 1 - Program Background, Attachment 2 - Agreement Terms, Attachment 3 - Scope of Work, Attachment 4 - Budget, and modifications approved in accordance herewith, shall constitute the entire Contract between the parties and supersede all other understandings, oral or written. IN' WITNESS V~qtT. REOF, the parties hereto agree to carry out the terms of this Agreement. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY I SIGNATURE OF AUTHORIZED INDIVDUAL TOWN OF MARANA SIGNATURE OF AUTHORIZED INDIVIDUAL TYPED NAME: KAREN SMITH TYPED NAME: HARVEY GILL TITLE: DIRECTOR II TITLE: WATER QUALITY DIVISION DATE: INTE~ PUBLIC WORKS DIRECTOR DATE: Attachment PROGRAM BACKGROUND On November 27, 2002, Congress enacted the Great Lakes Legacy Act of 2002, Public Law 107-303. This law includes a section that authorizes the use of FY 03 Section 319h funds (as defined within the Clean Water Act) to carry out projects and activities that relate to the implementation of Phase II National Pollutant Discharge Elimination System programs, at the option of the State. This provided an opportunity for ADEQ to develop the Stormwater Phase I! Assistance Program. This program is designed to assist local governments designated as Small Municipal Separate Storm Sewer Systems (Small MS4s) impacted by the new Stormwater Phase II regulations. Below is a list of the Small MS4s that fell under this designation and will be eligible for this assistance: Apache Junction, Avondale, Camp Verde, Chandler, Coconino County, Cottonwood, Douglas, E1 Mirage, Flagstaff, Fountain Hills, Gilbert, Goodyear, Guadalupe, Lake Havasu, Litchfield Park, Marana, Maricopa County, Nogales, Oro Valley, Paradise Valley, Peoria, Pinal County, Prescott, Prescott Valley, Sedona, Sierra Vista, South Tucson, Surprise, Tolleson, Yavapai County, Youngtown, Yuma City, Yuma County. Most Small MS4s were required to obtain permit coverage by March 10, 2003. To obtain permit coverage, designated Small MS4s were required to: submit a Notice of Intent (NOI) to ADEQ; provide a plan to develop, implement and enforce a Stormwater Management Program that would reduce pollutants in stormwater discharge to the Maximum Extent Practicable (MEP); and to fully implement the SWMP plan no later than December 19, 2007. However, no funds were provided to help local governments implement that plan. Funding provided under the ADEQ Stormwater Phase II Assistance Program is designed to assist these designated MS4s to begin to implement a SWMP. Available funding is provided on a reimbursement basis and requires a 40% non-federal match commitment from each Small MS4. Each designated Small MS4 may request between $1,000 to $25,000 for work defined in their draft SWMP, final SWMP or amended SWMP. Final Scope of Work and Final Budget will be approved by ADEQ and included as Attachment 3 and Attachment 4 in this Contract. Projects funded under this program must be completed by June 30, 2005. In an effort to achieve the most impact with the limited funding available, funding requests must emphasize implementation (such as producing a map of stormwater outfalls, storm drain stenciling, purchase of field testing equipment, etc.). In addition, because the funding is currently only authorized for FY 03, no personnel positions will be funded. Funding recipients are required to properly operate and maintain any practices implemented under this program, and funding requested for operation and maintenance will not be considered eligible. Funding for this program is provided by a grant from the United States Environmental Protection Agency (EPA) under Section 319(h) of the Clean Water Act to ADEQ and requires recipients to meet certain federal requirements. Federal requirements are included in Title 40 of the CFR, OMB circulars, and EPA guidelines. By requesting and accepting this federal funding, each agency certifies that it will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity funded under this Agreement (Drug-free Workplace, 40 CFR 32.600). Further, federal grant funds may not be used to influence (or attempt to influence) a federal employee (Lobbying, 40 CFR 34.100 and OMB Circulars A-87 and A-122). 2 Attachment 2 AGREEMENT TERMS 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. 1.7. Definitions The following definitions shall apply to the terms used in this Agreement, except where the context necessarily requires otherwise. "Department", or "ADEQ" means the Arizona Department of Environmental Quality. "Agreement" or "Contract" means this written document between ADEQ and the Contractor. "Contractor" means the Town of Marana or "Town". "Project" or "Program" means the work, or any portion thereof described in this Agreement. "Shall" means that which is mandatory. "Subcontract" means any contract between the Contractor and a third party to provide all or a specified part of the activities which the Contractor has contracted with the Department to provide. "State" means the State of Arizona. Access to Information Subject to statutory confidentiality requirements of the Contractor and ADEQ, both parties to this Agreement shall have full, complete and equal access to data and information prepared under this Agreement on a no-charge basis. Amendment This Agreement may be modified only by written Contract Amendment signed by the Director or her designee at ADEQ and the person duly authorized to act on behalf of the Contractor. Contract Amendments shall be executed with the same formalities as this Agreement. Executed copies of any Amendment shall be provided to both parties. Amount of Agreement The total amount of reimbursement from ADEQ to the Contractor for expenses incurred under this Agreement shall not exceed $25,000, unless otherwise amended in accordance with Section 3 of this Agreement. Contractor is required to provide an additional 40% non-federal match under this Agreement. (Refer to Attachment 4 - Budget). Line item funding defined in Attachment 4 - Budget, is considered estimates of costs and may be adjusted with prior ADEQ approval. o 5.1. 5.2. 5.3. o o o o 10. 11. Applicable Law This Contract shall be governed by and construed in accordance with the laws of the State of Arizona. Implied Consent Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it. The materials and services supplied under this Agreement shall comply with all applicable Federal, state and local laws. The Contractor shall maintain and comply with all applicable licenses and permit requirements. Assignment Neither Party may assign any rights hereunder without the express, written, prior consent of the other Party. Audit of Records Pursuant to A.R.S. § § 35-214 and 35-215, the Contractor shall retain and shall contractually require each subcontractor to retain all data, books and other records ("records") relating to this Contract for a period of five years after completion of the Contract, any litigation, claim, negotiation, audit, cost recovery, or action involving the records. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce the original of any or all such records. Cancellation of State Contracts Both parties may cancel this Agreement, without penalty of further obligation, pursuant to A.R.S. §38- 511. Contract Term The initial term of this Agreement shall be from the effective date through June 30, 2005. The Agreement may be renegotiated for additional periods, by formal Contract Amendment, subject to the requirements and/or limitations by Federal or State regulations. Effective Date This Agreement shall become effective upon execution by both parties. Indemnification To the extent permitted by A.R.S. § 41-621 and § 35-154, the State of Arizona shall be indemnified and held harmless by the Contractor for its vicarious liability as a result of entering into this Contract. Each party to this Contract is responsible for its own negligence. 12. 13. 13.1. 13.2. 13.3. 14. 14.1. 14.2. 14.3. 14.4. Non-Availability of Funds Every payment obligation of the State under this Contract is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Contract, this Contract may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. Non-Discrimination The Contractor shall comply with Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The Contractor shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. The U.S. Environmental Protection Agency mandates agreements funded by federal money include requirements to comply with 40 CFR 7.30 which also prohibits discrimination and 40 CFR 7.95 which requires public notification that they do not discriminate. The U.S. Environmental Protection Agency mandates agreements funded by federal money include requirements relating to Minority Business Enterprises (MBE), Women owned Business Enterprises (WBE) and Small Business Concerns (SBE). The Contractor shall comply with these requirements. Notices, Correspondence, Reports and Invoices Notices, correspondence, invoices, and reports from the Contractor shall be sent to: Elizabeth Boettcher - Project Manager Arizona Department of Environmental Quality 1110 W. Washington Street, MD #5415A-1 Phoenix, Arizona 85007 (602) 771-4565 Notices, correspondence, reports, and payments from the Arizona Department of Environmental Quality shall be sent to: Lisa M Caldwell (Duncan) -Project Manager Town of Marana, 3696 W. Orange Grove Road Marana, Arizona 85741 Phone: (520) 297-2920 Fax: (520 297-3930 Email lcaldwell~marana.com Either party to this Agreement may designate a new Project Manager by filing a notice with the other party in accordance with these notice requirements. Refer to Section 20. Reports, for further definition of reporting requirements. 15. 16. 16.1. 16.2. 16.3. 16.4. 17. 17.1. 17.2. Ownership of Information Title to all documents, reports and other materials prepared by the Contractor in performance of this Agreement shall rest with ADEQ, except for copyrighted material prepared in advance of this Agreement by the Contractor at the expense of the Contractor. ADEQ shall have full and complete rights to reproduce, duplicate, disclose, perform and otherwise use all information prepared under this Agreement, except for copyrighted material as provided in this section. The Contractor shall have full and complete rights to reproduce, duplicate, disclose, perform and otherwise use all information prepared under this Agreement with the provision that all reproduction, duplication, disclosures and literature shall contain acknowledgment to ADEQ. Payment The Contractor shall submit invoice of charges to the Project Manager identified in Section 14.1. of this Agreement. Each payment for the Contract will be made Net 30 Days upon approval of the Project Manager. Payments to the Contractor shall be made in accordance with the requirements of Attachment 3 - Scope of Work, and Attachment 4 - Budget included in this Agreement. All requests for reimbursement shall be accompanied by reasonable assurance that the goods and services for which reimbursement is requested were actually received and performed, and payments were made during the period for which reimbursement is requested. The Contractor shall submit an invoice of expenditures which shall include the following: Title of Project Contractor's name and Contract number Time period covered Whether an interim or final report Total expenses to date Total reimbursement due ADEQ agrees to reimburse for eligible work activities performed during the project period. ADEQ is not required to reimburse for any work activities initiated prior to execution of this Agreement or after the project period has elapsed. Personnel The Contractor represents that it employs, or shall through subcontract, secure all personnel required for the performance of the services under this Agreement. Such personnel shall not be employees of, nor have any contractual relationship with ADEQ unless otherwise specified herein. Unless otherwise specified, all the services required hereunder shall be performed by the Contractor or under her supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. It is further agreed that the Contractor warrants that it is fully qualified and authorized under state and local law to perform the services contemplated under this Agreement. 6 18. 19. 19.1. 19.2. 20. 20.1. 20.2. 21. 21.1. 21.2. 22. Printing Credit Promotional materials such as brochures, advertisements, videos and other printed materials developed for the project shall include the statement "Funded by a grant from the United States Environmental Protection Agency and ADEQ". All promotional materials shall be printed to the extent possible on recycled paper with the statement "Printed on Recycled Paper" printed on the cover sheet. Project Review It is the responsibility of ADEQ to review and observe the progress of this Project. Therefore, ADEQ reserves the right to meet with the Contractor or its subcontractors at reasonable intervals for purposes of review of the work and the progress of the Project. ADEQ reserves the right to review and approve any and all forms, questionnaires, brochures, web site plans and other special purpose documents developed by the Contractor or its subcontractors for use in the Project. Reports A budget report and a narrative report shall be submitted on a calendar quarterly basis. Reports shall be sent to ADEQ no later than 30 calendar days after the close of the quarter. Reports shall be in electronic format (on a 3.5 inch virus-free disk or e-mailed). A paper copy of the reports shall accompany the electronic submittal. The reports shall include, but are not limited to, budget expenditures, in-kind expenditures, and a narrative of the project's progress, as applicable. At the end of the project, a final budget report and a final narrative report must be submitted and approved by ADEQ. The final narrative report shall include at a minimum: a summary of the project goals and objectives, project results or outcomes (including any data or photos), aspects of the project that worked well and things that did not work well, any public involvement and coordination and future activity recommendations. ADEQ will not disburse final payment until the final report and all requirements of the Agreement have been fulfilled. Resolution of Differences Both parties agree to meet and confer as necessary to resolve issues with respect to implementation of this Contract. Possible conflicts will be resolved through coordination and cooperation at the program level whenever possible. Both parties further agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S. {}12-1518 except as may be required by other applicable statutes. Severabilit~ The provisions of this Agreement are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Agreement, which shall remain in effect without the invalid provision or application. 7 23. Subcontracts 24. 24.1. 24.2. 24.3. 24.'4. 25. The Contractor shall not enter into any Subcontract under this Agreement without consideration for impact on the project. The Contractor shall report any Subcontract awards or changes as part of that calendar quarter's narrative report (see 3.2 Reports, above). The Subcontract shall incorporate by reference the terms and conditions of this Agreement. Termination ADEQ or the Contractor may terminate this Agreement at any time, with or without cause, after giving thirty (30) days written notice of termination to the Contractor or ADEQ, as appropriate. The notice shall specify the effective date of termination. In the event this Agreement is terminated, with or without cause, the equipment, instruments, housing, supplies, and other materials prepared or purchased under this Agreement, except for copyrighted materials prepared in advance of this Agreement by the Contractor at the Contractor's expense as provided in Section 15 of this Agreement, shall become property of ADEQ. In the event the Agreement is terminated, with or without cause, the Contractor shall deliver all finished or unfinished documents, data, and reports prepared as a result of this Agreement to ADEQ. If the Agreement is terminated, the Contractor shall be paid for all allowable costs incurred prior to the date of termination, subject to audit verification by ADEQ or its duly authorized representative. The State may, by written notice to the Contractor, immediately terminate this Agreement if the State determines that the Contractor has been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to being disapproved as a subcontractor of any public procurement unit or other governmental body. Third Party Antitrust Violations The Contractor assigns to the State any claim for overcharges resulting from antitrust violations to the extent that those violations concern materials or services supplied by third parties to the Contractor, toward fulfillment of this Contract. Attachment 3 SCOPE OF WORK Introduction: The Town of Marana is applying for funding under ADEQ's Stormwater Phase II Assistance Program. This funding will help the Town to achieve several of the Implementation Goals identified in our Storm Water Management Plan. The BMPs outlined below are our project goals. Successful completion of implementing the following will bring us into compliance with our AZPDES discharge permit provisions as a small MS4. The Town of Marana is asking for funding for the BMPs outlined below, with the deliverable product (and quantity, if necessary) completion by June 30, 2005. Detailed Scope of Work: Projects that the Town of Marana will be able to complete with the assistance grant from ADEQ include: Implementation of our storm water illicit discharge detection and elimination program BMP, including: Purchase Storm drain stenciling markers, and supplies, and assign staff and/or train volunteers to accomplish the marking of storm drain outfalls. Establish a database containing the GPS locations of"No dumping" and "report illegal dumping" signs in our Town, and purchasing and installing more signs in necessary locations Produce a schedule and implement dry weather outfall inspections and implement a database containing information gathered and response to complaints or issues pertaining to the outfalls. Requirements include: materials (stencils, paint, markers, adhesive), metal signs and posts, equipment usage for installation and inspections (pick-up truck and gps unit), and staff labor hours. 9 Item Unit Cost Quantity Sub-Total Stencils $ 16.50 ea 25 (minimum order) $ 412.50 Marking paint (1 can/10 stencils) $ 16.95 ea. 12 $ 203.40 Drain Markers $ 3.10 ea 100 $ 310.00 Adhesive $ 9.00 ea 4 $ 36.00 Garbage Bags $ 6.95 1 box $ 6.95 Paper Towels, Rags $ 12.50 Mixed $ 12.50 Equipment Usage: Pick-Up Truck $ .50/mi. 100 $ 50.00 GPS unit (Loan from another $ .1 O/hr. 120 $ 12.00 department - Environmental does not own a GPS unit) Staff Labor: GPSing, $32.00 120 $ 3,840.00 supervising placement, inspections Staff Labor: Maintenance $25.00 120 $ 3,000.00 assistance, placement of markers Total: $ 7,883.35 Public outreach and education is another of the BMP goals we will be able to accomplish with this funding. We will: Print and distribute brochures and flyers to households, and specific target industries (gas stations, construction companies & contractors, etc) and home owners associations (see Appendix A), Spend time at our local schools, demonstrate stormwater pollution, print and distribute written educational activities (see Appendix A) and give pencils, rulers made of recycled materials to the children to work on to raise their awareness of stormwater pollution and the things they can do to help prevent it. Purchase stands and a file cabinet, as needed, and reproduce or purchase reference materials to establish a storm water reference library. Establish a storm water web page, and IT staff will post and update information on the website periodically as needed. Requirements include: Paper stock and ink and labor for printing, staff labor hours for school demonstrations and activities, pencils, rulers (1000 ea. min. order)distributing flyers and brochures, posting material to website, and equipment for stormwater library. Revisions to the website material will require approximately 4 hours staff labor, 1 hour of administrative review and approval, and 2 hours of IT time to make the revisions to the website on a quarterly basis. The Town is growing at a rapid rate, and frequent changes to this material will help our contractors, homeowners, and consultants updated as we rotate the material to raise awareness in new businesses and homes being built in our Town. 10 I II Item Unit Cost Quantity Sub-Total Brochures/flyers/inserts: Paper $1.20 ea. 7500 $ 9,000.00 Stock, Ink, Printing charges Educational packets, $5.00/packet 500 $ 2,500.00 bookmarks, rulers, pencils, placemats: Paper stock, ink, printing SW Library Equipment: $ 600.00 ea. 2 $1,200.00 Brochure Stands, cabinet Website establishment and $32.00/hr 60 $1,920.00 technical maintenance: Staff labor IT Staff Labor- website update $32.00/hr 188 $ 6,016.00 (28), activities at schools(40), distributing flyers, brochures, inserts(60), Library establishment, maintenance and update (60) Total: $20,636.00 Public participation and involvement will be accomplished with the help of this grant under Part 1) above: Participation and involvement value added by the storm drain stenciling/marking. We can implement a contest for artwork annually for storm water related brochures and flyers with a nominal prize. Requirements include: Staff labor hours for monitoring the program and selecting artwork from the submissions, and purchasing "prizes" (First, second, third total - $50, and certificates for participation/honorable mention). Item Unit Cost Quantity Sub-Total Staff Labor: Administrative - $32.00/hr. 15 $ 480.00 organizing contest, volunteer paperwork, judging artwork, awarding prizes Staff Labor: Distribute contest $32.00/hr 15 $ 480.00 flyers and prizes Paper, ink, printing costs for $0.25 ea 500 $ 125.00 flyers advertising contest Prizes for winning artwork & $50.00 + cost # of Certificates will $ 75.00 honorable mention certificates of certificates vary by # of entries + - $25.00 3 main prizes Total: $1,160.00 11 Public Questions and Responses is a BMP that requires several hours per week in stafftime: The Town will enter each "customer inquiry" in a database sheet. The sheet has sections for the customer's comments, and another for what the Town did to follow up on those comments. This database allows us to easily find previous comments on similar topics or locations as needed to ensure that issues are resolved. Deliverable product is database entries. Requirements: Staff labor hours - establishing database and recording and responding to inquiries and complaints concerning storm water pollution and illicit discharges. Item Unit Cost Quantity Sub-Total Staff Labor: Recording and $32.00/hr. 150 $ 4,800.00 Tracking public inquiries Staff Labor: IT, Consultants, for database establishment & $32.00/hr. 180 $ 5,760.00 staff training Total: $10,560.00 Staff Training BMP will be implemented by: Sending the two staff members responsible for the management of the Town's storm water pollution prevention program to additional training sessions. Agendas for training and invoices for travel wilt be the deliverable product for this BMP. Requirements: Staff labor hours, travel costs, and registration fees for training sessions. Two staff members will attend 8 hours of NPDES Phase II Stormwater Training in Phoenix, AZ on Feb. 21, 2005. Information on this program may be obtained at the following website: http ://www.civilprojects.com/ced/workshops/npdes/ Item Unit Cost Quantity Sub-Total Staff Labor: Travel & Training $ 32.00/hr. 24 $ 768.00 hours Cost of Training Registration $ 495.00 ea. One time $ 990.00 Cost of Travel: Town Vehicle $ 0.50/mi. 230 $ 115.00 Total: $1,873.00 Municipal operations are included in the Town's BMPs and we will: Establish a written set of procedures for good housekeeping, Complete an inventory of municipal facilities, and Implement a database for municipal maintenance activities under this assistance program. Requirements: Staff labor hours for inventory of municipal activities and implementing and monitoring the database. 12 Item Unit Cost Quantity Sub-Total StaffLabor $32.00 80 $ 2,560.00 Total: $ 2,560.00 Appendix A: Breakdown of Printed Brochures and Flyers Printing and distribution of the following quantity of brochures in both English and Spanish to provide stormwater facts and/or permit information targeted toward the specific industry for the following by June 30, 2005: Restaurants: Emphasizing proper disposal of oils, dumpster maintenance, etc. - Quantity 100 Automobile industry: Service and gas stations, auto dealers, mechanics: Explaining proper disposal of oils, rags, housekeeping procedures, etc. - Quantity 100 Aggregate, Mining, or their contractors: Explaining legal requirements for Stormwater Pollution Prevention and why it should be a priority- Quantity 50 Hotel/Motel Industry_: Good housekeeping, cleaning products, emphasizing the cost savings to the company by using less chemicals and water- Quantity 100 Construction Industry: Explains Storm water Pollution Prevention Plans, NOIs, BMPs, good housekeeping, etc.- Quantity 250 Households: Water Bill inserts: Explain storm water pollution and storm drains, tips for reducing storm water pollution from the home - Quantity 4200 Home Owners Association flyers: Explain storm water pollution facts and tips for reducing storm water pollution, emphasis on community pride for keeping our community clean. Quantity 2100 Paycheck inserts: Responsible storm water practices, instilling a sense of duty as community representatives to set an example for others to follow. It will also mention the responsibility of the Town of Marana as it relates to Storm Water Pollution Prevention and compliance with our AZPDES permit, and express appreciation for the employee's help. These will be printed and distributed twice annually. Quantity 600 Breakdown for Educational Materials Printing, distribution, and stafftime to spend at the schools for the activities/demonstrations. Bookmarks - "Clean Water- Everybody's Business" on front, on back "10 things you can do to prevent stormwater runoff pollution" (courtesy of EPA website) Quantity: 1000 13 Placemats - "Take the Stormwater Runoff Challenge" crossword puzzle - (courtesy of EPA website) Quantity: 1000 Stormwater Pollution Prevention Activities Packets - Stormwater Awareness Activity - Target group Grades 5 through 12 (lesson with checklists, adapted from NSW EPA website activity for applicability in Arizona) Quantity: 500 x 9 pages each (4500 sheets total) Stormwater Activity Demonstration Kit - Target group Grades 1 through 4 - 2 bottles of food coloring, plastic people, quart of vegetable oil, sand and pebbles, etc. (pollutants), 2 large plastic containers for demonstrations, storage of materials, sponges, plastic bags and miscellaneous materials. Conclusion The Town of Marana can implement several of the most important BMPs in it Storm Water Management Plan with the assistance of the ADEQ grant program. Our community and our children's future will benefit greatly from the education and pollution prevention that this program can help us to achieve. Thank you! 14 Attachment 4 FUnds Requested Matching Funds Requested + Matching PROJECT Applicant Donated Total BUDGET ADEQ Match Match (Add the three columns (Funds being requested (Other Non- (Donated across) from ADEQ. Up to 60% Federal Grants, labor, cash, of project total.) cash, goods, existing equipment, building usage, usage, etc.) etc.) ADMINISTRATIVE COSTS (Cannot exceed 10% of total amount requested from ADE~ ~) Planning and Organizing ProjectsI $ 2374.00I Storm Drain Project DIRECT COSTS: Equipment GPS unit Usage $ 12.00 Pick-Up Truck Usage $ 50.00 Supplies Markers, adhesive, paint, stencils, $ 981.35 garbage bags, etc PERSONNEL $ 3200.00 $ 2800.00 Total: $ 4181.35 $ 2862.00 $ 7043.35 Percent of Total 59.4% 40.6% 100% Public Outreach Proiect DIRECT COSTS Equipment Brochure stands, cabinet $ 1200.00 Supplies Outreach Materials brochures, bookmarks, educational activity $11181.60 $ 318.40 packets, placemats) PERSONNEL $ 7936.00 Total: $12381.60 $ 8254.40 $ 20636.00 Percent of Total 60% 40% 100% Public Participation B,MP DIRECT COSTS Equipment Supplies Flyers, Prize awards & $ 200.00 certificates Personnel $ 200.00 $ 280.00 Total: $ 400.00 $ 280.00 $ 680.00 Percent of Total 58.8% 41.2% 100 °/o Public Inquiry & Response BMP DIRECT COSTS 15 Equipment Supplies Personnel $ 4089.40 $ 5413.60 Total: $ 4089.40 $ 5413.60 $ 9503.00 Percent of Total 43.0% 57% 100% Staff Training BMP DIRECT COSTS Travel & Training $ 1105.00 Personnel $ 768.00 Total: $ 1105.00 $ 768.00 $ 1873.00 Percent of Total 59% 41% 100% Municipal Ops BMP DIRECT COSTS Personnel $ 2560.00 Total: $ :t560.00 $ 2560.00 Percent of Total 0% 100% 100 % Grand Total $ 24,531.35 $ 20,138.00 $ 44,669.35 Total Percent 54.9% 45.1% 100% 16 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. A. 4 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, Planning Director SUBJECT: Resolution No.2004-154: Relating to Subdivisions; approving a Final Plat for Rancho Marana 154. DISCUSSION APPLICANT The owner of the property is Monterey Homes, 4742 North Oracle Road, Suite 111, Tucson, Arizona. The owner is represented by The WLB Group, 4444 East Broadway, Tucson, Arizona. LOCATION: The property is located north of Moore road and west of Sandario Road in Section 28, Township 11 South, and Range 11 East. PROJECT DESCRIPTION This is a request for approval of a Final Plat for Lots 1 through 164, Blocks 1 through 7, and Common Areas "A" through "G" on 154.17 acres. The project is a block plat and includes a subdivision on one block. The subdivision is 167 lots on Block One. The lot sizes range from 6,000 square feet (Lot 36) to 12,590 square feet (Lot 54) with an average of 7,329 square feet. The minimum lot size permitted by the Rancho Marana Specific Plan is 3,500 square feet. The balance of the project is block-platted into six blocks, three of which are commercial comers. Blocks 1, 2, and 4 are zoned MDR (Medium Density Residential), and Block 3 is zoned MHDR (Medium High Density Residential). This land use allows residential densities of up to 4 RAC. Commercial uses are on small sites and would be limited in scope. The property lies within a projected "Residential Village" per the Northwest Marana Area Plan. The developer shall be responsible for developing an overall village identity that defines project architecture and design; unified landscape themes; streetscapes; entry features; and any other requirements of the designation. The Marana Northwest Regional Airport is located south of the project site. The project site does fall into the limits of the Airport Influence Area. An Avigation Easement will be required. 110304 PRV-03081 Rancho Marana 154 Final Plat ATTACHMENTS Staff report and site map. RECOMMENDATION Staff recommends approval of a Final Plat for Rancho Marana 154. Staff has reviewed the application for compliance with the approved Preliminary Plat adopted by Resolution No. 2004-95, Rancho Marana Specific Plan, adopted by Ordinance No. 90-04 on February 6, 1990, the Marana Land Development Code, and the Marana General Plan. This Final Plat is in substantial conformance with all required development regulations and conditions of zoning and with the Preliminary Plat. SUGGESTED MOTION I move to approve Resolution No. 2004-154. 110304 PRV-03081 Rancho Marana 154 Final Plat -2- MARANA RESOLUTION NO. 2004-154 RELATING TO SUBDIVISIONS; APPROVING THE FINAL PLAT FOR RANCHO MARANA 154. WHEREAS, WLB Group, Inc., represents the Owner of approximately 154.17 acres of land located west of Sandario Road between Moore Road and Barnett Road, in Section 28, Township 11 South, and Range 11 East and has applied to the Town of Marana for approval of a Final Plat for Blocks 2 through 7, 167 lots on Block 1, and Common Areas "A" through "G"; and WHEREAS, the Marana Town Council has considered the application at their regular meeting of November 3, 2004 and has determined that the Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Final Plat for Rancho Marana 154 submitted by WLB Group, Inc. for Blocks 2 through 7, 167lots on Block 1, and Common Areas "A" through "G", located west of Sandario Road between Moore Road and Barnett Road, in Section 28, Township 11 South, and Range 11 East is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of November, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney M^rANA 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,~PE OF APPLICATION (CheCk °ne) ~ Variance 121 Conditional Use Permit ~ Other Preliminary Plat Final Plat Development Plan Landscape Plan Native Plant Permit General Plan Amendment Specific Plan Amendment Rezone Significant Land Use Change Assessor,s Parcel Number(s) Gross Area (Acre/Sq. Ft.) Development/ Project Name Project Location Description of Project ProperD' Owner Street Address 2' GENERAL DATA REQUIRED ; General Plan Designation t~ 1.--/. q,~. C>O~O (To be confirmed by staff) Current Zoning Le -'llq:ao L I q.zq/ Ac_ (To be confirmed by staff) O t ' Proposed Zoning Contact Person Applicant Street Address Contact Person Agent/Representative Street Address Contact Person : k City Zip Code Phone Number Fax Number Phone Number ,.~ (L-!! State E-Mail Address Zip Code Phone Number Fax Number City Phone Number Zip Code 3. AWmO Z TIO p O RT¥ OWNER State E-Mail Address City State Fax Number E-Mail Address arana Business License No. I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in ;witing by the owner to file this application. (If not owner of record, attach written authorization from the owner.) Print Name of Applic'ant/t~f~gent__~ Case No. ?RV-O'3o?if CRW No. FOR OFFICE USE ONLY Date Received '-7/1q [0~ ReceiptNo. FF~ ~0t4o7 -005" ReceivedBy /C~/qdl~_aSL C/~ ].~L-.w~) Fee Amount  I Rancho Marana 154 i MA RANA Request for approval of a Final Plat for a 167-1ot subdivision and six blocks on 154.14 acres. SEE _J SEE SHEET 4 ~ / SEE SHEET 2 SEE SHEET g SEE SHEET 5 SEE SHEET 6 / SEE SHEET SEE SHEET 9 SEE SHEET 7 SEE SHEET 5 'SEE SHEET 6 l ~ ~ ~ ~lt,T~ ST~A~(BOAT UNSUBDIVIDED ROAD SANDARIO 1-' TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 1 TO: FROM: AGENDA TITLE: MAYOR AND COUNCIL Mike Reuwsaat, Town Manager Progress Report, January 2003-July 2004 DISCUSSION The Town of Marana is undergoing rapid growth and expansion on many different levels. In order to benchmark the progress that Mayor, Council and Staff have achieved, we are beginning to document the accomplishments that improve the quality of life for our residents. In this effort, Jessica Ziegler has been working with Department Heads and Staff to compile the Town's notable events and endeavors into a Progress Report that covers January 2003 through July 2004. This lengthy document reflects the performance of the Town Council and Staff in providing numerous benefits to the ckizens of Mama. This compilation can also be cut down to create many other publications of varying lengths for public consumption. In the furore, the Town Manager's Office will be able to provide the Town Council and our residents with Annual Reports in similar formatting at the conclusion of each fiscal year. Please feel free to share any comments regarding this Progress Report with Jessica Ziegler or Mike Reuwsaat. ATTACHMENTS Town of Marana Progress Report. RECOMMENDATION Presentation only. SUGGESTED MOTION Presentation only. Progress Report 2/24/2004 1:33 PM FJC e To ■ ■ Of Marana Marana Town Hall Phone 520 682 3401 13251 N. Lon Adams Rd. Fax 520 682 9026 Marana, AZ 85653 www.marana.com Report on the Town of Marana's Operations and Accomplishments from January 2003 through July 2004 � o l 7 9 MARANA 7 q RIZONA y Table of Contents Welcometo Marana ................................................................................................ ..............................1 CommunityElements ............................................................................................ ..............................1 CoreValues ........................................................................................................... ..............................2 The Town of Marana —Best Managed Small City in America ............................ ..............................2 A Growing Population and Changing Needs .................................................... ............................... 3 Community Development Projects ........................................................................ ............................... 3 The Development of Northern Marana ................................................................ ..............................3 The Community Development Block Grant Program .......................................... ..............................4 Marana Construction Works! ................................................................................ ..............................4 CountyBond Election ............................................................................................ ..............................4 EnterpriseZone ...................................................................................................... ......................'.......5 Water Tank Beautification Project ........................................................................ ..............................5 Development Standards & Incentive Programs .................................................. ..............................5 Private Development Projects .................................................................................. ...................•..........6 SpecificPlan Approvals ........................................................................................ ..............................6 Rezoning............................................................................................................... ............................... 6 Annexations........................................................................................................... ..............................7 Development Agreements .................................................................................... ..............................8 SubdivisionPlats .................................................................................................. .............................11 Infrastructure and Services ................................................................................. .............................13 Transportation Concerns ..................................................................................... .............................13 Public Works Capital Improvement Projects ....................................................... .............................14 ANNUAL REPORT JAN 2003 -JUL 2004 Marana Regional Airport ....:................................................................................. .............................18 Water Service Agreements (2003 -2004) ............................................................ ............................:20 Intergovernmental Agreements (IGAs) ............................................................... .............................21 Operations & Maintenance ( O& M) ...................................................................... .............................23 State& Federal Grant Monies ............................................................................. .............................23 CommunityOutreach ............................................................................................ .............................24 The Citizen Resource and Education Workshop ............................................... .............................24 MaranaTeen Advisory Council ........................................................................... .............................24 TheCitizens' Police Academy ............................................................................. .............................24 The Community Emergency Response Team ................................................... .............................25 Volunteers in Police Service ................................................................................ .............................25 PoliceExplorer Program ...................................................................................... .............................25 CommunityWatch Programs .............................................................................. .............................25 . Parks & Recreation ............................................................................................... .............................26 SpecialEvents ...................................................................................................... .............................26 Marana Unified School District Partnerships ` WesternHeritage Facility ..................................................................................... .............................27 TheMarana Heritage Park .................................................................................. .............................27 OurLaw Enforcement Team ................................................................................ .............................29 Police Department Achievements & Additions ................................................... .............................29 Systems Technology ....................................................................................... ............................... 31 GeographicInformation Systems ........................................................................ .............................31 InformationTechnology ........................................................................................ .............................32 Marana's Fiscal Operations ............................................................................... ............................... 33 Fiscal2004 Operating Results ............................................................................. .............................33 Fiscal2004 CIP Summary ................................................................................... .............................34 BondRating .......................................................................................................... .............................34 ANNUAL REPORT JAN 2003 -JUL 2004 t Chapter Welcome to Marana Committed to the Future ... Inspired by our Past Ensuring Safety, Stability & Beauty "Our purpose is to provide our citizens with high - quality and valuable municipal services that will enhance and benefit their lives. We will strive to do this by being responsive and responsible in working with public and private entities. Our goal is to ensure that Marana remains a safe, stable and attractive community." Four Components of the Town Vision Quality of Life — Gives people what they want Safety and Security — Makes safety and security a reality Community Development — Assures that balanced and responsible development will be monitored to high and safe standards Employment — Promotes meaningful employment opportunity to contribute to the prosperity of the community Community Elements • Water — water and its careful management is the resource that allows our community to grow and prosper in all phases of the Town's future expansions. • Heritage — remembering to preserve the core of Marana's philosophy as reflected in the arts and culture of the Town's roots • Commercial — is instrumental in building Marana's fiscal strength • Residential —is the blending of family life through community awareness, involvement and local pride in the Town • Education — Marana's educational resources attract people to live and raise families in the Town • Safety and Security — protects the citizens from all forms of harm and is a strong, credible and responsible guardian of the community's future • Environmental — provides an example to all of how sensitivity for the natural environment defines our values and promotes our Town as desirable and attractive • Airport Industry — using ingenuity and innovation, is host for the new business frontier of Marana • Infrastructure — responsible management, preservation and development of the Town's infrastructure contributes to the future of Marana ANNUAL REPORT- PAGE 7 - JAN 2003 -JUL 2004 r Core Values ' Customer Service Customer Service includes providing complete information and is something we incorporate throughout all of our processes. It is not something we simply look for at the end. It means keeping the customer in mind each step of the way. The customer is the most important judge of the quality of a service or process. Therefore, we gauge the success of our services based upon how well they satisfy the customer. Professionalism We come to work seeking to do great things and to achieve ever greater accomplishments. We are motivated not simply by achieving goals, but by living our values and upholding the Town's values. Responsiveness We have the ability to respond to people's needs quickly by focusing on what is essential with thoughtful planning. We don't simply identify problems, we solve them. Each individual takes responsibility for solving problems and making suggestions to ultimately make the Town better. Vision We are surrounded with the public trust and given the latitude to be creative. In this environment, we can talk openly about what needs to change, and we can see and make improvements happen. We value progress and realize that processes can always be improved. Integrity In all we do, our efforts are to maintain the highest standards. On this, we never compromise. Fiscal Security We meet our goals for the future through proactive and responsible management of our resources. The Town of Marana —Best Managed Small City in America Pat Summerall Productions selected the Town of Marana as one of the "Best Managed Small Cities in America" as a part of their Champions of Industry program. The Town was recognized both on CNN Headline News and in Forbes magazine as part of the process. The qualifications for this honor include: Prudent Fiscal Management, Strength of Police Service, Demonstrated Innovation and Leadership, and Commitment to Quality of Life Services (Parks, Arts, Schools, etc). Marana was 1 of 100 communities recognized out of the entire United States. ANNUAL REPORT- PAGE 2- JAN 2003 -JUL 2004 t A Growing Population and Changing Needs Development within the Town of Marana Working for Controlled and Intelli Growth The Town of Marana is one of the fastest growing communities in the Southwest and our Town Council has faced the challenges presented by this growth with paramount consideration for the needs and desires of Marana's citizens. This commitment led Marana to be named one of the "Best Managed Small Cities" in 2004. Town Council members and the employees of the Town have worked thoroughly over the last 15 months to insure that Marana's short and long term goals are met, keeping in mind the history of the community as well as its future. The results of this dedication can be found below. l F c - ommunity0evelopment Projects The Development of Northern Marana Northern Marana is currently the fastest - growing part of our community and consequently the Town is actively engaged in the planning of infrastructure for this key area. This requires a thorough understanding of the proposed land uses in order to coordinate infrastructure needs. To aid in this analysis, a Draft Concept Plan map has been prepared for Northwest Marana by the GIS Department. This map, affectionately known as - "Sim City Marana ", is an excellent tool in identifying the interrelationship between infrastructure needs and land use, and is updated as project proposals evolve. The Marana Municipal Complex & Town Center The new Marana Municipal Complex continues to make progress in changing the Marana skyline. This building and the surrounding "Town Center" will be the anchor of development in Northern Marana. The new complex will consolidate government functions that currently occur at six different locations across the Town into one building for "one -stop shopping ". The 110,000 square foot building will serve the Town's administrative, law enforcement and judicial needs and includes substantial shell space for future growth. The Campus is designed to support additional structures, as the community grows from 24,000 residents today to an estimated 100,000 by 2030. The police and courts are expected to move into the new complex in late 2004, with the balance of the administrative and development services staff to follow in early 2005. Gladden Farms' Community Facility District Gladden Farms is a new master - planned community that is expected to include 1,900 new homes in northwest Marana. In cooperation with the development, the Town of Marana formed a community ANNUAL REPORT - PAGE 3- JAN 2003 -JUL 2004 facilities district (CFD) to pay for the creation, enhancement and maintenance of the development's infrastructure, thereby sparing current Marana homeowners the financial burden of subsidizing growth. The community facilities district will allow general obligation bonds to be issued to pay for construction of new roads, water and sewage facilities that the development will require. The Community Development Block Grant Program The Community Development Block Grant (CDBG) program is a federally- sponsored project to develop viable communities by providing decent housing and a suitable living environment and by expanding economic opportunities, principally for persons of low- and moderate - income. The Town of Marana is an active participant in this grant program and uses the funds in many ways throughout our community. Since January of 2003, our housing rehabilitation program, funded through CDBG monies, has assisted several dozen families and has completed over two hundred individual projects. Family assistance under this program amounts to: General Housing Rehabilitation $166,248.57 In addition to the housing rehabilitation program, Marana's CDBG projects include a grant of $107,000 for the Santa Cruz Trail along side the Honea Heights neighborhood and other expenditures totaling nearly $30,000 for other park projects. Marana's Community Development Block Grants are also supplementing Town General Funds in a cooperative effort with the Pascua Yaqui Tribe to provide improvements to the Yoem Pueblo Pascua Yaqui Village, at the intersection of Sandario and Barnett Roads. Improvements completed include a new children's play structure. Future projects will include accessibility improvements for the community building and paving improvements. Marana Construction Works! This is an ongoing program that takes youth who have been struggling academically, trains them in various facets of home construction, and assists them to obtain their G.E.D. certificates. The program also addresses a secondary issue of affordable housing by placing low- income, first -time homebuyers into homes constructed by these students. Our students obtain marketable carpentry skills, "real world" work experience, heightened self - esteem and the opportunity to enter a career path as union apprentice carpenters, while qualifying homebuyers obtain a three - bedroom, two -bath home for a price that fits their monthly incomes. The Town of Marana received the Human /Social Service Award at the Governor's Rural Development Conference in October of 2004 for this program. County Bond Election In May, voters approved $732 million in Pima County Bonds, recognizing the need to protect the resources that make Pima County a desirable place to live. The residents of the Town of Marana will see over $24,350,000 of direct community benefits from these bonds. The list of projects includes: ■ $100,000 to preserve the Los Morteros archeological site ■ $500,000 for roads, streetlights, and curbs in Honea Heights ■ $750,000 to restore the De Anza National Historic Trail ■ $1,000,000 for the Cultural and Heritage Park ■ $1,200,000 to develop the Tortolita Trail System ANNUAL REPORT - PAGE 4 - JAN 2003-JUL 2004 • $1,500,000 to construct a new Regional Tire Disposal Facility ■ $2,000,000 to preserve the Marana Mound Community site • $2,800,000 to extend the sewer system to the airport • $4,500,000 for the new Cortaro /Silverbell Library • $10,000,000 to expand the Marana Wastewater Facility Enterprise Zone The Town of Marana, The City of Tucson, Pima County and the Arizona Department of Commerce worked cooperatively to expand the federally designated Enterprise Zone into the Town of Marana to encompass an area around the Marana Regional Airport. Businesses who choose to locate or expand in one of these designated areas may be eligible for various economic incentives. Water Tank Beautification Project With the cooperation of the Marana Arts Council, the Marana Municipal Water Advisory Committee and Town Manager's Water Committee, the Town's water tanks will be transformed into works of art. Showcasing local artists' work on the water tanks will beautify neighborhoods and bring a sense of pride to the community and Town. The artistic designs will represent our community's historic and cultural heritage and /or contemporary life in Marana and the process will include the input and approval of the neighborhoods. The first mural is a painting of a cowboy on horseback driving cattle, silhouetted by a golden sky. The first water tank will be completed sometime in November 2004 in the Honea Heights Neighborhood. Development Standards & Incentive Programs Subdivision Street Standards The Town adopted its own comprehensive set of Subdivision Street Standards, creating uniform improvement criteria for new development. These standards will reduce long term maintenance expenses, improve road safety and provide for rapid emergency service response. They also incorporate a process to formally approve any special design considerations for unique developments. Outdoor Lighting Code The new code was adopted in 2003 and is a combination of elements of the Pima County and Oro Valley Outdoor Lighting Codes, however Marana's code is the only one in the area that addresses glare as an issue and requires special shielding for glare reduction. Solar Energy & Non Potable Water System Credits The ordinance provides a $1,000.00 discount on building permits. ANNUAL REPORT- PAGE 5- JAN 2003-JUL 2004 • Private Development Projects Specific Plan Approvals In the earliest stages of planning new growth and development, Marana's Town Council reviews and approves Specific Plans submitted by developers. A Specific Plan establishes comprehensive guidance, regulations, programs, standards and design guidelines for a proposed development and the implementation of an approved Land Use Plan. A Plan establishes the location, density, and community character within the Plan area. It provides for the development of residential, recreation, and open spaces that support conservation of environmentally sensitive lands and may include conditions regarding contributions made by the developer to the Town of Marana and its citizens. The Estate Lots at Tortolita Preserve Ordinance No. 2003.11 The Estate Lots at Tortolita Preserve in Dove Mountain are the result of a rezone of 72.6 acres of land at the northeast comer of Moore and Wild Burro Roads. The change from agricultural land will allow for approximately 25 homes on about 2.5 acres each with minimal site disturbances. The Specific Plan also requires that the developer make a number of contributions benefiting the entire Marana community, including $1,400 per lot for park sites, $1,200 per lot in contributions for schools and $2,500 per lot for off -site roadway improvements. Tortolita Vistas ,. Ordinance No. 2004.18 The Specific Plan for Tortolita Vistas lays out a 400 -unit development on 210 acres of land in the northeastern portion of Marana, on the eastern edge of the Town and south of the Tortolita Mountains. The development contains provisions to ensure low overall environmental disturbance, including a limit of 40% overall disturbance. The remaining 60% will be dedicated as permanent open space. Amendments to Prior - Approved Specific Plans • The Calmat Specific Plan was amended to include a time extension, allowing CEMEX to prepare significant revisions, updating the original Plan from 1987 (Ordinance No. 2003.31). • The Continental Ranch Specific Plan was amended to rezone Block 1 of the development from "Industrial and Commercial" to purely "Commercial" uses (Ordinance No. 2003.01). Rezoning Marana's history has been dominated by agriculture over the years and while the Council is committed to preserving the heritage of our community, rezoning has become an important part of preparing for the Town's future. To accommodate the strong demand from newcomers excited about joining the Marana community and the necessary infrastructure and economic changes that follow, the Town Council carefully considers land use and density issues when they address any zoning changes. A list of the rezones that were approved over the past 18 months is included here, along with the acreage involved and the land -use categories. ANNUAL REPORT- PAGE 6- JAN 2003 -JUL 2004 • Area Rezoned Acres Change Land-Use . • Ordinance • From Industrial & To only Freeway Continental Ranch Block 1 14.5 Freeway Commercial Commercial No. 2003.01 SW Comer of Flying From Large -Lot To Residential w/ Diamond Rd. & Camino de 9.56 Commercial 144,000sf min. lots No. 2003.02 Oeste Tangerine Water Users From Large -Lot 40 To Mixed -Use No. 2003.06 Group Commercial The Estate Lots at Tortolita 72.6 From Agriculture To Specific Plan No. 2003.11 Preserve To Residential w/ 6,000sf Sanders & Moore 40 From Agriculture min. lots & Neighborhood No. 2003.19 Commercial From Large -Lot To Residential w/ Saguaro Ranch 75 Commercial 144,000sf min. lots No. 2003.20 San Lucas 13.6 From To Village Commercial No. 2003.25 Commercial /Office Widger, NW Fire District, From Large -Lot NW Holdings, Inc. 10 Commercial To Mixed -Use No. 2003.26 From Large -Lot To Neighborhood 8551 N. Silverbell 11 Commercial Commercial No. 2003.30 • 6808 & 6810 N. Camino From Residential w/ Martin 2.4 36,000sf min. lots & To Heavy Industrial No. 2004.02 Light Industrial To 60 acres of 6,000sf From Residential w/ Residential lots, 34 acres Willow Ridge Property 103 144,000sf & 36,000sf of 16,000sf lots & 9 acres No. 2004.07 min. lots of Neighborhood Commercial From Residential w/ To Residential w/ 10,000sf Ina/Silverbell Rezoning 14 36,000sf min. lots min. lots No. 2004.09 From Residential w/ Specific Plan: 400 units on Tortolita Vistas 230 144,000sf min. lots 210 acres with 40% No. 2004.18 maximum disturbance Note 1: This rezone ordinance is in the process of being referred to the people of Marana. Annexations The Town of Marana has annexed or is annexing certain areas of land in order to expand our community. Annexation is a citizen- driven process that incorporates parcels of land outside the Town's borders (land previously under the jurisdiction of Pima County) into Marana. ANNUAL REPORT - PAGE 7- JAN 2003 -JUL 2004 by Annexations' Summary Ordinance Acreage Saguaro Ranch North 461 No. 2003.14 Saguaro Ranch South 131 No. 2003.15 Cochie Canyon Trail North 4.31 No. 2003.21 C ochie Canyon Trail Northwest 5.6 No. 2003.22 Santa Cruz/Avra Valley Road Annexation 105 No. 2003.23 Tangerine & Thornydale Road Right -of -Ways N/A No. 2003.33 Located Adjacent to Existing Town Boundaries Saguaro Ranch East 422 No. 2004.01 Camino de Oeste Annexation 319 No. 2004.05 South Neighbors Annexation 28 No. 2004.15 Note 1: These annexations are either complete or still in progress. Development Agreements The Town of Marana enters into Development Agreements with developers as part of the growth and development process to ensure that each project is consistent with the general plans and long -term goals of the Town. At its most basic level, a development agreement lays down the obligations and responsibilities that both the Town and the developer have to the community and each other during • and after the project, as well as regulations that will guide the process. Contained in this Annual Report is a very general summary of the most recent development agreements approved by the Marana Town Council, including the contributions that the developer has agreed to provide for the community through fees, services and infrastructure. Family_ Entertainment Center — Bedroxx Bowling Resolution No. 2003 -21 Spare Time Family Entertainment Ina & Camino Martin • Entertainment credits for public recreation • On -site security Marana Municipal Complex Ordinance No. 2003.23 Reyher & Marana 348 Ltd. Partnerships Main St. & Civic Center Dr. • Land exchange to accommodate the Municipal Complex • Drainage and pedestrian trail to Ora Mae Ham Park ■ $441,837 Contribution toward surrounding Town - constructed infrastructure ■ Authorizes $1,000 per residence Marana park improvement fee ANNUAL REPORT -PAGE 8- JAN 2003 -JUL 2004 New Park Site & Public Library Ordinance No. 2003.32 Arizona Pavilions Dev't, Inc. & Ranch Holdings, LLC Cortaro Rd. & Silverbell Rd. ■ Land exchange accommodates the new public library to be built in Marana District Park ■ Provides partial sales tax rebate for public infrastructure improvements Farm Field Five, Rancho Marana Resolution No. 2003 -61 FCD Marana Venture 1 494.4 Acres Sandario Rd. & Moore Rd. ■ Landscape improvements on Moore Rd. ■ Construction of Lon Adams Rd. realignment ■ Civic Center Drive improvement ■ Vanderbilt Farms Blvd. improvement ■ Barnett Linear Park and trail system ■ Private recreation facility of 185 square feet per residence ■ Irrigation system ■ $1,000 per residence Marana park improvement fee ■ $1,200 per residence school contribution to Marana Unified School District ■ $500 per acre fee for bank protection Saguaro Ranch Resolution No. 2003 -65 Saguaro Ranch Investments 592 Acres Thomydale North of Moore Rd. ■ $1,000 per residence Marana park improvement fee ■ $1,200 per residence school contribution to Marana Unified School District ■ $1,050,000 for a Regional Recreation Facility ■ $50,000 per residence (up to $1,000,000) county park contribution for every lot sold after 15 ■ 2% environmental enhancement fee ■ Natural trail system and equestrian facilities ■ 2.2 acre Tortolita Mountain Park trailhead, parking and additional $50,000 ■ On -site Wide Wireless Network Area facilities Garden Estate Lots, Preserve Resolution No. 2004 -11 Garden Estates at Dove Mountain, LLC 73 Acres Dove Mountain ■ $1,400 per residence Marana park improvement fee ■ $1,200 per residence school contribution to Marana Unified School District ANNUAL REPORT- PAGE 9- JAN 2003-JUL 2004 . ■ $2,500 per residence for regional transportation improvements Willow Ridge Resolution No. 2004 -49 CPE Development Company 104.6 Acres Cortaro Rd. & Camino De Oeste ■ $2,435 per unit for transportation impact fees ■ $1,200 per residence school contribution to Marana Unified School District ■ $700,000 for Cortaro Road design /construction ■ $50,000 for drainage ■ $6,400 per residence for environmental enhancement fees Sky Ranch Resolution No. 2004 -86 Exeter LXI, LLC 515 Acres Thomydale South of Tangerine Rd. ■ $1,000 per residence for a Children's Desert Education Center plus a possible shortfall payment toward the center of up to $250,000 ■ $1,200 per residence school contribution to Marana Unified School District ■ Roadway improvements for the intersections of development driveways, Thomydale, and Camino Mariana as well as the intersection of Camino Mariana and Tangerine . Tangerine Crossing Resolution No. 2004 -98 Chicago Title Trust No. 12133 & Tangerine Rd. Associates 304 Acres Tangerine Rd. & Thornydale Rd. ■ Voluntary landowner disturbance reduction to 50% of site ■ Interim improvements to Tangerine and Thomydale ■ $1,400 per residence Marana park improvement fee ■ $1,200 per residence school contribution to Marana Unified School District ■ $3,500 per residence for transportation fund ■ 6,000 SF minimum residential lot size Tortolita Vistas Resolution No. 2004 -100 Ready Six Corporation 230 Acres Thomydale South of Moore Rd. ■ Private recreation facility of 185 square feet per residence ■ $1,400 per residence Marana park improvement fee ■ $1,200 per residence school contribution to Marana Unified School District ■ Access from development to Thomydale Road ■ Moore Road improvements ANNUAL REPORT- PAGE 10- JAN 2003 -JUL 2004 Subdivision Plats Towards the end of the development authorization process, developers must submit plats for the Town Council's approval. A plat is a site plan showing the layout of individual lots in the proposed subdivision — similar to the set of diagrams and specifications often found in blueprints — including such features as exact locations and sizes of unit lots, roads, rights -of -way, easements, drainage, open spaces, and common areas. This part of the process occurs in two stages, with the submission of both a preliminary and a final plat for the Council's review. Here you will find a snapshot of the plats that have been approved since January of 2003. Preliminary Plats (that have n o final plat approval Resolution Orange Grove /1 -10 Plaza No. 2003 -05 Twin Peaks Highland No. 2003 -17 Pima Farms Village No. 2003 -99 The Estate Lots at Tortolita Preserve No. 2004 -06 Rancho Marana 154 No. 2004 -95 Continental Reserve Block 17 (portion) No. 2004 -114 Final Plats (w/ pre-2003 preliminary Number Miles of Acres of Public plat approvals) ..- Roads' Farm Field Five 248 1.97 0 No. 2003 -02 Butterfly Mountain 28 0 0 No. 2003 -32 Dos Lagos at Dove Mountain 248 0 0 No. 2003 -63 Saguaro Ranch 91 0 0 No. 2003 -100 Heritage Highlands VII 152 0 0 No. 2003 -106 The Preserve at Dove Mountain 182 0 0 No. 2003 -128 Saguaro Springs 81 1.8 6.67 ac Paris Site No. 2004 -15 10 ac School Site The Gallery, Parcel 4A 20 0 0 No. 2004 -24 Marana Golf Continental Ranch Block 84 0 0 No. 2004 -33 The Gallery Resort Parcel 15 0 0 No. 2004 -67 Ironwood Reserve Block 1 99 0.97 4.48 ac Park Site No. 2004 -110 Ironwood Reserve Block 2 49 0.4 0 No. 2004 -111 Ironwood Reserve Block 3 79 0.71 0 No. 2004 -112 Ironwood Reserve Block 4 68 0.65 0 No. 2004 -113 Preliminary & Final Plats (both Number Miles of Acres of Public S 3 approved in 2003-2004) of Units Public Propertyi Resolution oa 13.5 ac Park Site San Lucas Final Block 28 2.72 3.9 ac Linear Park No. 2003 -42 No. 2003 -88 10 ac Scho Site Gladden Farms Block 11 141 0.87 0 No. 2003 -66 No. 2003 -118 ANNUAL REPORT -PAGE 11- JAN 2003 -JUL 2004 Gladden Farms Bock 12 104 1.02 0 No. 2003 -67 No. 2003 -126 7.3 ac Children's Sky Ranch 365 0 Desert Education No. 2003 -90 No. 2004 -57 Center Gladden Farms Block 6 114 0.85 0 No. 2003 -103 No. 2004 -03 Gladden Farms Block 10 84 0.75 0 No. 2003 -104 No. 2004 -04 Gladden Farms Block 4 47 0.2 0 No. 2003 -121 No. 2004 -26 Gladden Farms Block 3 81 0.75 0 No. 2003 -122 No. 2004 -25 Continental Reserve Block 18 29 0 0 No. 2003 -125 No. 2004 -53 Continental Reserve Block 19 38 0 0 No. 2003 -125 No. 2004 -53 Gladden Farms Block 5 (Harvest No. 2003 -134 Moon) 129 0.93 0 No. 2004-40 Sombra de Tecolote 8 0.152 0 No. 2004 -12 No. 2004 -39 Continental Reserve Block 15 66 0.7 0 No. 2004 -17 No. 2004 -94 Continental Reserve Block 16B 86 0.9 0 No. 2004 -20 • No. 2004 -93 Continental Reserve Blocks 16A 111 1.06 0 No. 2004 -38 No. 2004 -92 Continental Reserve Block 17 35 0.75 0 No. 2004 -114 (portion) No. 2004 -53 Commercial Final Plat Approvals Number of Lots Acreage Resolution Continental Ranch Retail Center 6 19.75 No. 2003 -45 Kohl's Retail Center 5 13.49 No. 2003 -74 Orange Grove 1 -10 Plaza 20 26 No. 2003 -119 Old West Business Park 8 4.28 No. 2003 -120 Note 1: A notation of 0 miles of public roads signifies that all roads in the development are privately maintained by the Home Owners Assn. Note 2: Public Property refers to park and school sites maintained by the Town or MUSD, but excludes common area and open space. Some of these plats without public property dedications represent only small parts of much larger developments that have set aside significant public lands. Note 3: The first resolution number listed refers to the preliminary plat approval and the second refers to the final plat approval. ANNUAL REPORT— PAGE 12— JAN 2003 -JUL 2004 Chapter 3 Infrastructure and Services Public Works within the Town of Marana Su Marana's Town Council realizes that by embracing the growth and development of our community, they must also shoulder the responsibilities of integrating these changes as seamlessly as possible. The Council and Management team work to ensure that Marana maintains the same quality of life that our Town has historically been able to provide. Infrastructure and services are key ingredients of citizen- oriented administration and include roads, parks, libraries, water and sewer systems, the Regional Airport and other capital improvements. These amenities are often facilitated through intergovernmental agreements and acceptance /use of federal grant monies. Transportation Concerns Transportation issues are arguably the most important public works concerns within the Town of Marana. The Town's roadway infrastructure will be greatly affected by the rapid growth we will continue to experience, but the Council has made this issue a top priority. Regional Transportation Authority Part of the resolution to these transportation problems includes Marana's participation in Pima Association of Governments' newly created Regional Transportation Authority (RTA). The RTA will foster development of, and consensus on, multi-modal transportation solutions that are truly regional in scope and that have a reliable, long -term funding source. When Mayor Sutton and the Town Council voted to support a Regional Transportation Authority for the metropolitan area in January 2004, the Council also directed a Manager's Committee to study whether the community should move forward with its own half cent sales tax for regional transportation. Over $275 million in regional transportation needs were identified within Marana through 2030. The study also found that a half cent sales tax would generate over $170 Million over the same period. Based on the Manager's Citizen Committee recommendation, the Mayor and Town Council voted unanimously to adopt the tax increase, dedicated to funding regional roadway improvements, effective October 1, 2004. ANNUAL REPORT- PAGE 13- JAN 2003 -JUL 2004 Public Works Capital Improvement Projects Santa Cruz River Shared -Use Path & Pedestrian Bridges No. 99 -003 The Project will provide a paved multi -use path running approximately 3.5 miles along the Santa Cruz River from Cortaro Road to El Rio Park in Continental Ranch. The project will include landscaping, rest nodes, and two pedestrian bridges passing over drainage channels. The Town is receiving bids for the construction of this project as we speak. Tangerine Road Improvements, Breakers to Thornydale No. 99 -049 This Project improved surfaces through pavement preservation and rehabilitation, and increased safety and function to the public by providing paved shoulders on both sides of the road, acceleration, deceleration and turn out lanes to accommodate traffic to businesses. The Project is complete. Silverbell Road, Cortaro Road to Ina Road No. 99 -050 The Project will reduce dips and curves, increase the existing road to five lanes and add a continuous left turn lane, multiuse lanes on either side of the road, sidewalks, improved regional storm water and sanitary sewer capacity. The Project will also relocate the intersection of Silverbell and Ina Road to eliminate the extreme angle approaches and will provide a new traffic signal. The Project Design is 95% complete and construction is expected in 2005. Cortaro Farms Road Reconstruction;' No. 99 -076 Cortaro Farms Road will be replaced by a four lane divided road from the Union Pacific Rail Road east to Star Grass Drive, with exclusive left turn lanes, multi -use lanes, sidewalks, and with new traffic signals at the intersections of Cortaro Farms Road and Hartman Road, and Cortaro Farms Road and Camino de Oeste. This will provide additional roadway capacity and improve safety and traveling convenience. The Project will include a new potable water main and a regional storm water control system. The Project Design is in process with construction anticipated in early 2005. Grier Road No. 99 -095 The reconstruction and improvement of Grier Road will increase storm water carrying capacity in the street and replace the existing Irrigation District pipe running on the north side of the road for local storm drainage. The Project will provide streetlights, new pavement sidewaks and sewer connection to all residents on Grier Road for improved storm water management. Project completion is anticipated in April of 2005. Marana Main Street Extension No. 99 -095 The extension of Marana Main Street is also part of the Town Center Roads and Utility Project. The Town will extend Marana Main Street from Grier Road to Sandario Road with a minimum paved roadway section and drainage swales along the sides. The Project Improvement Plans are in final design. Tangerme/Thornydale Road Intersection No. 2001 -043 This Project will provide a new alignment at the intersection for the Thornydale Road approaches, left turn lanes, traffic signals, drainage culverts and improved storm water management for safety and convenience. The Project is currently under construction. ANNUAL REPORT- PAGE 14- JAN 2003 -JUL 2004 Linda Vista/Twin Peaks Interchange @ 1 -10 No. 2001 -044 This Project will provide a separated grade crossing of 1 -10 and the Union Pacific Rail Road at Linda Vista/Twin Peaks Road, realignment of local area roads, a bridge over the Santa Cruz River and access of 1 -10 Freeway at Linda Vista/Twin Peaks Road. This interchange will help alleviate traffic congestion at Cortaro and Ina Roads and provide access to the Tangerine Road (State Route 989) corridor. In addition, Dove Mountain Blvd. will be extended south and will link up with Camino de Manana, which will then be extended to meet the new interchange. This Project is in the Environmental Design Concept Phase and construction is anticipated to begin in 2006/2007. Youth Transportation Art Program No. 2001 -102 This Program receives funds primarily from the Pima Association of Governments for public art projects involving local youth in design and /or production of community art. One such project provided for ten vertical ceramic panels designed by To Ree -Nee Wolf Kaiser and constructed by Ms. Kaiser and Marana High School students, celebrating Marana from pre- history through the near past. Five panels will be placed along Silverbell Road, from Ina Road to Cortaro Road, and five will integrate into the District Park located along the Santa Cruz River south of Cortaro. Honea Heights Sewer & Roadway Improvements Nos. 2002 -002 & 2003 -014 Through this Project, Pima County will provide a new sewer main, while the Town of Marana will provide residents with connection to the sewer main, including collapse or infill of the existing septic system. Construction is expected to begin in January. Survey and gathering of information for the house connections is in process. At the conclusion of the sewer project, the Town of Marana will replace the existing chip seal streets in Honea Heights with asphalt concrete . pavement. The design is in process and will be funded with the help of a federal Rural Development grant. District' Park Bank Protection, Cortaro Rd. & Silverbell No. 2002 -004 This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina to Cortaro Road. Phase I of the project, anticipated in 2005, will be from Cortaro Road to the Yuma Mine Wash protecting the Town of Marana's future District Park Site from flooding. Santa Cruz River Corridor Trail No. 2002 -014 This project will provide connectivity of the existing 14' paved path running along the Santa Cruz River northern bank from the Honea Heights neighborhood on Sanders Road, approximately 0.7 miles, to the proposed Gladden Farms Park. The Improvements will include landscape, irrigation, water faucets and hose bibs for equestrian use. Moore Road, Improvements No. 2002 -018 This Project will improve driving surfaces on Moore Road, between Thornydale Rd. and Camino de Oeste, and will increase safety and function to the Public by providing paved shoulders on both sides of the road and an improved vertical alignment to provide all- weather access. The Project Design is complete. Improvements are to be constructed as a part of the Cottonwood Development Agreement. Tres Rios del 'Norte No. 2002 -023 This is a cooperative effort between City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunction with the Army Corps of Engineers. This ANNUAL REPORT-PAGE 15- JAN 2003 -JUL 2004 4 -year study evaluates eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for projects such as habitat restoration, water supply, flood control and recreation. Thornydale Road, Orange Grove Road to Canada del Oro Wash No. 2002 -058 Thornydale will be widened to six lanes with dedicated turn lanes and modified traffic signals at the three intersections of Thornydale Road with Orange Grove Road, Costco Drive and Horizon Hills. This will greatly improve turning and general traffic flow through the intersections and relieve congestion through the Thornydale corridor. The design for this project is complete and preliminary construction will begin in 2005, but most traffic- disrupting activities will commence following the 2005 holiday season. Tangerine Road /Dove Mountain Traffic Signal No. 2003 -008 This Project will provide a new traffic signal and minor associated work for the intersection, minor associated work, to provide safer and more efficient vehicle traffic through the intersection. The design is in process and construction is anticipated in 2005. Barnett Linear Park and Flood Control Project No. 2003 -016 The Project includes a channel from the 1 -10 corridor west to the Santa Cruz River to convey drainage from the Tortolita Fan overflow and storm water from other areas around Town Center and to provide multiuse linear greenbelt and Recreation Park. The Project is in Environmental Design Concept Phase. Some segments of this project have already been or will soon be dedicated by developers and construction could begin within the next six months. Traffic Signal at Silverbell RdJWade Road Intersection No. 2004 -003 This Project will provide a new traffic signal and minor median and pedestrian crossing modifications at the intersection for safer pedestrian crossing. The design is complete and the Project bid was awarded in October. The project should be completed during the first quarter of 2005. ' Scenic Drive Improvements The Scenic Drive realignment project integrated environmental preservation and restoration with a badly needed safety project, as the three way intersection of Scenic Drive with Twin Peaks and Silverbell Roads had serious sight visibility and geometric problems. The new roadway geometry incorporates traffic calming, a widely divided median designed to avoid mature vegetation rather than moving or destroying it, and restoration of a drainage channel which previously marred the landscape. The improvements are now complete. Old Pueblo Archaeology Move Old Pueblo Archaeology is conducting a heritage education program at the Marana District Park's archaeological sites in partnership with the Town of Marana as part of the Governor's Public Archaeology Award - winning archaeology program. Due to the long duration of this program, Old Pueblo Archaeology wanted to move their offices closer to the Park. Marana Unified School District (MUSD) owned portable buildings that were no longer needed. The Town of Marana, Old Pueblo Archaeology and MUSD entered into an agreement allowing Old Pueblo to use these portable buildings at the Marana Operations Center in exchange for providing educational services for Marana Parks and Recreations and the School District. ANNUAL REPORT- PAGE 16- JAN 2003 -JUL 2004 Habitat Conservation" Plan Draft The Town of Marana is drafting Habitat Conservation Plan HCP for six species as part of an 9 (HCP) P integrated environmental management strategy. This HCP covers most of Eastern Marana and the Santa Cruz River corridor. Such a plan could include provisions for permitting, activities regulations, critical habitat designations, density and open space allowances, monitoring and funding to protect the threatened owls, snakes and bats. The Town Council has instructed staff to submit the HCP Administrative Draft to the Arizona Game and Fish Department. Expanded Tortolita Preserve Concept The Town of Marana's Tortolita Preserve consists of 2400 acres. The Town is looking to expand the existing 2400 acres by an additional 16,200 acres. The Town is partnering with Pima County has started a dialogue with the Unites States Fish and Wildlife Service, the Bureau of Land Management, and the Arizona State Land Department. This project would benefit the residents, the environment, and potentially assist with the recovery of an endangered species as a part of the Habitat Conservation Plan. Stormwater Program This project was initiated by a federal mandate which focused on the Arizona Department of Environmental Quality (ADEQ). Six minimum control measures have been defined for compliance: • Public Education and Outreach • Public Involvement and Participation ■ Illicit Discharge Detection and Elimination ■ Construction Site Stormwater Runoff Control • Control of Post - construction Site Runoff • Pollution Prevention and Good Housekeeping The Town of Marana submitted a Stormwater Management Program to the Arizona Department of Environmental Quality as a Small Municipal Separate Storm Sewer System (MS4) operator. The Town is working with the Pima Association of Governments (PAG), ADEQ and other associations on various grants to improve water quality within the Town of Marana. Lower Santa Cruz River Letter of Map Revision The Federal Emergency Management Agency (FEMA) has issued a Letter of Map Revision (LOMR), which will modify the 100 -year floodplain limits for the Santa Cruz River. The property subject to revision is located behind the Lower Santa Cruz River between Avra Valley and Sanders Roads. This measure will relieve residences in the area of costly flood insurance requirements and will remove development impediments. Berry Acres Letter. of Map Revision This Letter of Map Revision (LOMR) will potentially remove the majority of the Berry Acres Subdivision from the Federal Emergency Management Agency (FEMA) floodway. The properties will remain in the floodplain, but the new designation will allow for development and redevelopment in the areas where it is currently prohibited. ANNUAL REPORT -PAGE 17- JAN 2003-JUL 2004 District Park Library No. 99 -012 Pima County and Marana will jointly design and construct a regional library in the new District Park site, south of Cortaro Road and between Silverbell Road and the Santa Cruz River. Construction should begin next year and be complete by 2006. Marana Regional Airport Airport Administration In June of 2003, the Town of Marana adopted a set of Minimum Standards for the Marana Regional Airport to ensure compliance with FAA and State Grant Assurances and to guide future development. In 2004, the Town further adopted Ultralight Aircraft Rules and Regulations, a new Town Code to govern the airport and aviation activities and new Airport Rates and Fees. Airport Management also implemented a new avigation easement program in 2003 in conjunction with neighboring developers to ensure that future property owners are made aware of the airport. All future development around the airport will require an avigation easement. Events The 2003 Tequila Cup Regional Aerobabc contest was held at the Marana Regional Airport on November 6-9. A large number of contestants participated in the events, designed to test the skills of aerobatic pilots, and have asked the Town to host this event again in November 2004. In April of 2003 and 2004, the Airport hosted a memorial ceremony for the Marines that were killed during an accident at the airport several years ago. More than 150 people attended these two events. Also, significant enhancements were made to the monument area. Landscaping improvements have taken place and a new wrought iron fence has been installed. Development & Planning To meet future demands and to increase the Town's visibility, the Town of Marana started a programming phase for a new airport terminal. This is a joint project with Pima Aviation' and includes a new restaurant at the airport. The terminal would serve as a destination point in Marana for both the aviation and non - aviation community and will include a community room that could hold 100 -150 people for meetings, aircraft fly -ins, and community events. The Town has also been working diligently with the State Land Department over the past year to purchase approximately 85 acres of land on the east side of the airport. This land will allow for the development of a new aviation businesses. The Town is currently working with Pima County to develop a new sewer line to meet the needs of future expansion at the Airport and Business Park and has secured $2.8 Million in revenue bonds to accomplish this project. To address issues of current demand, the Town of Marana has been working very closely with Pima Aviation in their development of 120 new T- hangars. Pima Aviation has approximately 268 people on a 3%2 year waiting list who are interested in hangar space at the airport. As part of its commitment to customer service, the airport has also developed a flight guide and a business directory to provide information about the airport's operations and amenities. ANNUAL REPORT- PAGE 18- JAN 2003 -JUL 2004 Improvements & Maintenance __. Over the past year and a half, the Marana Regional Airport has undertaken a very broad• and proactive program to improve capacity and safety at its facilities. The major improvements include the installation of a new fire suppression system, ten new airplane tie -downs near the airport restaurant, 8,340 LF of new airport security fencing and access gates, a new rotating beacon, and a new paint job for the old beacon tower. In addition, a major rehabilitation project on Runway 3 -21 was completed in 2004. This project reconstructed a portion of the runway while the remaining asphalt was milled and a new 2" layer of asphalt was installed on the entire runway. New runway and threshold lights were also installed. A new two box Precision Approach Path Indicator (PAPI) was also installed to replace the Visual Approach Slope Indicator (VASI) for Runway 3. As part of its maintenance program, the Airport has completed more than 81,000 square yards of crack and sand sealing and has installed new pavement markings and new hold short lines have been installed to meet FAA requirements. Airport Grants Since 2003, the Marana Regional Airport has been working with $3,464,667 in grants from the Arizona Department of Transportation — Aeronautics Division and the Federal Aviation Administration. State Aviation Grants fund 90% of the total cost of a project. The airport is responsible for the remaining 10% of the project cost. Until this year, Federal Aviation Grants funded at least 91.06% of project costs, and half of the remaining 8.94% was typically paid with a State "matching grant" . A Federal Aviation Grant- funded airport project with a total project cost of $100,000 only costs the Town $4,470. During this past year, however, the FAA increased its funding percentage to 95% of the total cost of an airport project, and the State has continued to provide a "matching grant" for half of the remaining 5 %. Grant Amount Description of E2S10 $450,000 Fire Protection - Install water lines, pumps and hydrants E2F29 $46,102 4.47% Match to Grant # FAA -07 (listed below) E3S09 $550,000 Design Only Grant: RW 3/21 lighting /electrical improvements; Upgrade electrical vault; RW 12/30 extension /strengthen E3F64 $17,974 4.47% Match to Grant # FAA -08 (listed below) E3F13 $7,363 4.47% Match to Grant # FAA -09 (listed below) E5S09 $180,000 Update Airport Master Plan E5S10 $450,000 Construct Transit Ramp E5S11 $7,895 2.5% Match to Grant # FAA -10 (listed below) FAA -07 $939,172 Rehabilitate Runway 3/21 and improve Runway Safety Area FAA -08 $366,161 Prepare environmental assessment for Runway 3/21 extension, including marking, lighting system and signage; Install security fence FAA -09 $150,000 Install security fence and gates FAA -10 $300,000 Rehabilitate Runway 12/30 and taxiways; Acquire land for Runway approaches $3,464,667 .. ANNUAL REPORT- PAGE 19- JAN 2003 -JUL 2004 Water Service Agreements (2003 -2004) Water is a critically important resource in the Sonora Desert and has always been a driving factor in Marana. In order to supply the growing community with the necessary water as efficiently as possible, the Town has entered into the following arrangements: • With Richmond American, US Home and Pulte Homes for Construction of Water Facilities Under Private Contract for Gladden Farms Blocks 6,10, 5,12,11,16A Resolution Nos. 2004 -50, 2004 -51, 2004 -78, 2003 -150, 2003 -151 and 2004 -59 • With M &I Bank for Construction of Water Facilities Under Private Contract Resolution No. 2004 -75 • With Rancho Chimayo, L.L.C. and Paul R. Horowitz for Water Line Extension Construction Resolution No. 2004 -76 • With Canoa Development Inc. and Monterey Homes for Construction of Water Facilities Under Private Contract for Continental Reserve Blocks 1613,18, 19 and part of 17 Resolution Nos. 2004 -79 and 2004 -58 • With Pima Aviation, Inc. for Construction of Water Facilities Under Private Contract for Marana Regional Airport T Hangars Resolution No. 2004 -80 • With Northwest Fire District for Construction of Water Facilities Under Private Contract for Northwest Fire Station #36 Resolution No. 2004 -104 ■ With Flowing Wells Irrigation District for the development of additional infrastructure facilities to benefit both entities Resolution No. 2003 -57 • For Construction of Water Facilities and Provision of Water Utility Service known as the Studebaker Drive /Sunset Ranch Estates Extension Project of the Continental Reserve Water System Resolution No. 2004 -24 • With Best Associates II, LLC, for Construction of Water Facilities and Provision of Water Utility Service for Saguaro Springs Resolution No. 2004 -22 • With FCD Marana Venture I, L.L.C., for Construction of Potable and Non - Potable Water Facilities and Provision of Water Utility Service Resolution No. 2003 -06 • With D.R. Horton for construction of water facilities under private contract Resolution No. 2003 -07 • With BCIF Group for Construction of Potable and Non - Potable Water Facilities and Provision of Water Utility Service for the San Lucas Development Resolution No. 2004 -105 • With Centres Cortaro L.L.C. for construction of Water Facilities Under Private Contract Resolution No. 2003 -131 ANNUAL REPORT - PAGE 20 - JAN 2003 -JUL 2004 Intergovernmental Agreements (IGAs) To ensure that all of the resources available to the Town are used as efficiently as possible, the Council often authorizes cooperative efforts with other governmental entities in Southern Arizona. By pooling resources and sharing responsibilities, we are able to take advantage of the strength and support that we collectively have to offer. The following IGAs were approved in 2003 -2004: IGAs with Pima County ■ For payment of incarceration of municipal prisoners Resolution Nos. 2003 -26 & 2004 -18 ■ For the Community Development Block Grant (CDBG) Program and Home Investment Partnership Program Resolutions No. 2003 -117 & 2004 -30 ■ For cooperation on the Continental Ranch Library Resolution No. 2004 -103 ■ With Pima County Division of Elections for the provision of election services for 2003 -2005 Resolution Nos. 2003 -08 & 2004 -116 ■ For design and construction of improvements to Cortaro Road to widen Cortaro Road from 1 -10 to past Camino De Oeste, adding a traffic light and turn bays at the intersection of Hartman and Cortaro Road Resolution No. 2004 -43 ■ For Construction Works! Affordable Housing Program Resolution No. 2003 -34 ■ To extend the Construction Works! Affordable Housing Program Resolution No. 2003 -107 ■ For the provision of transit services Resolution No. 2003 -161 ■ For disbursement of funds under the U.S. Dept of Homeland Security State Grant Program administered by the Pima Co. Health Department for the benefits of MPD Resolution No. 2004 -109 ■ To assist to review and update Marana's emergency operations plan under the Emergency Management Assistance Grant Resolution No. 2003 -132 IGAs with Arizona Department of Transportation (ADOT) ■ For the design and construction by ADOT of an improved eastbound on -ramp at Cortaro Road and 1 -10 Resolution No. 2004 -89 ■ For the improvement to Tangerine Road from the Breakers to Thomydale Road Resolution No. 2004 -101 ■ For partial funding for the construction of the Santa Cruz River Shared -Use Path Resolution No. 2003 -110 IGAs regarding Law Enforcement ■ With Pima County and the Marana Police Department regarding the High Intensity Drug Trafficking Area Program Drug Grant Agreement Resolution Nos. 2003 -39 & 2004 -66 ■ Between the City of Tucson and Marana Police Department for sharing law enforcement information via COPLINK Resolution No. 2003 -113 ■ With the Arizona Department of Public Safety for enhancing law enforcement services pertaining to motor vehicle theft Resolution No. 2003 -132 ■ With Pima County/Tucson Metropolitan Counter Narcotics Alliance Resolution No. 2004 -69 ANNUAL REPORT- PAGE 21- JAN 2003 -JUL 2004 IGAs with the Pascua Yaqui Tribe • For infrastructure improvements within the Yoem Pueblo community Resolution No. 2004 -55 • To authorize and facilitate the Town's participation in the purchase and installation of playground equipment at Yoem Pueblo using CDBG funding Resolution No. 2003 -145 IGAs with the Northwest Fire District • Eliminating the Town's obligation to construct the Marana Municipal Complex Fire Station with bond funding issued by the Marana Municipal Property Corporation Resolution No. 2003 -96 • For reimbursement of expenses relating to Opticom traffic signal preemptor devices Resolution No. 2004 -71 Economic IGAs • Relating to the establishment of and participation in the Tucson Pima Enterprise Zone. Resolution No. 2003 -144 • For participation in Pima County/Tucson /South Tucson /Marana/Sahuadta Enterprise Zone Resolution No. 2003 -137 • Arizona Public Entity National Century Financial Enterprises Loss Recovery IGA Resolution No. 2003 -64 IGAs regarding Water ■ Multi -party IGA regarding permitting and operating managed in- channel recharge of effluent in the Santa Cruz River Channel Resolution No. 2003 -33 in IGA with the City of Tucson for groundwater modeling on the Santa Cruz River for the Tres Rios del Norte project Resolution No. 2003 -62 ■ IGA with the University of Arizona to extend and amend membership in the Water Conservation Alliance of Southern Arizona Resolution No. 2003 -82 Additional IGAs • IGA with U.S. Game & Fish department for distribution of HCP grant monies • IGA with Gladden Farms Community Facilities District Resolution No. 2004 -23 • Amended IGA with Pima Animal Care Center for the provision of animal control services within the Town of Marana Resolution No. 2004 -44 • Adopting the National Park Service Comprehensive Management and Use Plan (CMP) and agreeing to participate in the certification of segments of the Juan Bautista de Anza National Historic Trail within the town's jurisdictions. Resolution No. 2003 -23 • With the Marana Unified School District to receive portable buildings in exchange for educational services Resolution No. 2003 -91 • With the Town of Oro Valley designating each Town's attorney as the A.R.S. § 9- 500.12 exaction and dedication hearing officer for the other Resolution No. 2003 -124 ANNUAL REPORT - PAGE 22 - JAN 2003 -JUL 2004 Operations & Maintenance (O&M) O &M is a support group that serves the needs of the Town of Marana through maintenance programs and routines. All efforts are directed towards providing an improved quality of life through better maintenance of existing facilities and infrastructure. The Department is responsible for: . 243 miles of road . 52 pieces of specialized equipment ■ 194 miles of curb and gutter . 9 Town facilities 1 136 miles of sidewalks (over 66 acres) n Landscaping in medians and right -of -ways . 12 signalized intersections ■ Emergency response ■ 60 seasonal banners (x 3 changes per year) m Street lights ■ 160 vehicles and 36 trailers . Wash and drainage way maintenance State & Federal Grant Monies In order to provide the community with the best service, Marana receives grants from federal and state agencies to fund specific projects. Often the Town of Marana is required to contribute additional funding, called matching. These grants were accorded to the Town during 2003 -2004: Purpose Grants Grant Dollars 2003 Community Development $260,000 To provided housing for No. 2004 -30 Block Grant Program lower income persons Grant from the Arizona For a new position of Department of Employment Funding as Therapeutic Recreation Security needed Coordinator To assist to review and ` Emergency Management No. Assistance Grant 2003 - $10,000 update Marana's 141 emergency operations plan Law Enforcement Block Grant $11,111 with a To upgrade the crime from the Arizona Criminal Justice 10 /o a scene technicians digital Commission for MPD match photography equipment U.S. Dept of Homeland Security For training, exercises and No. 2004- 2003 State Homeland Security $26,431 equipment for terrorist 109 Grant Program to MPD incident response Partial Grant from the U.S. Fish $207,000 (1 yr) To develop the Habitat and Wildlife Service $134,990 (2yr) Conservation Plan (HCP) High Intensity Drug Trafficking $48,920 to For a multi- agency drug No. 2003 -39 Area Program Grant MPD task force No. 2004 -66 DOJ 2001 State Domestic Remainder of For terrorist incident Preparedness Program Grant $42,125 from response preparation No. 2003 -43 2001 Grant from the Governor's Office For a DUI Patrol car & of Highway Safety $43,000 equipment, also including No. 2004 -70 overtime expenses Grant from the Governor's Office For the Accident No. 2003 - of Highway Safety $17,000 Investigation Measuring 112 System AIMS ANNUAL REPORT —PAGE 23— JAN 2003 -JUL 2004 Community Outreach The Partnership between Town and Citizen Encouraging Civic Involvement The members of Marana's Town Council are, first and foremost, citizens of Marana. By their dedication to Marana through their work on the Council, they demonstrate their commitment to community participation and involvement at every level of the Town's administration. Our Mayor and Council members recognize that Marana residents have always been keenly interested in what goes on throughout their community and encourage participation through a number of community outreach forums. The Citizen Resource and Education Workshop . The Citizen Resource and Education Workshop (C.R.E.W.) is a free, 6 -week course designed to introduce the public to the Town of Marana services. Throughout the workshop, participants have the opportunity to interact with Council Members, department heads and line staff who help manage and operate the Town. The program is facilitated by the Town Clerk and incorporates brief presentations by community agencies and organizations that have formed partnerships with the Town to enhance public awareness and availability of services. Marana Teen Advisory Council The Town of Marana organized the Marana Teen Advisory Council to give the youth of the community the opportunity to improve the environment for their friends, family, and classmates using the democratic process. Working together with leaders of the community they have worked: • To acquire a greater knowledge of and appreciation for the American political system through active participation in that system. • To survey the community and adopt regulations for street scooters. • To represent the Town of Marana at the League of Cities and various business openings. • To develop processes for preventing school violence, teen substance abuse, and graffiti. The Citizens' Police Academy The Citizens Police Academy, sponsored by the Marana Police Department, is a 10 -week course that provides an in -depth look at the internal and external functions of the department. This program is also free and has been approved by Pima Community College for credit in their criminal justice ANNUAL REPORT- PAGE 24- JAN 2003 -JUL 2004 curriculum. Sessions give participants the opportunity to see K -9 dogs in action, practice CPR techniques, perform crime scene investigation and understand the philosophy that drives Marana's unique brand of law enforcement – community policing. So far, more than 160 citizens have been instructed through these academies. The Community Emergency Response Team The Community Emergency Response Team (C.E.R.T.) is a popular new program that evolved as a component of Homeland Security. Officers from the Marana Police Department train people in neighborhoods, the workplace and in schools in the basic disaster response skills such as fire suppression, urban search and rescue and medical operations. Marana was the first municipality to train the largest class in the state —six training sessions were held and 120 people were certified. Volunteers in Police Service VIPS or Volunteers in Police Service is another community policing program that has gamered nearly 100 volunteers in Marana. Training and vehicles are provided by Marana Police to give neighborhoods more responsibility for keeping their community safe. This is also a new program that has attracted many senior residents because they can be actively involved in serving and protecting their community by working with the Criminal Investigations Unit, Community Resources, volunteer patrols and fingerprinting division. Police Explorer Program The Explorer Program is an eight - year -old volunteer program to provide young people from 14 through 20 years of age the opportunity to leam a career in Law Enforcement. Explorers also participate in community events, school programs, special events and adopt -a -road projects. Community Watch Programs This program helps to facilitate citizen involvement in self - policing their communities to deter crime. Since the resources of the Police Department are limited, this partnership with Marana residents is vital to the safety of our Town. Programs like this encourage people to be observant and to report all suspicious activities. Approximately 30 new watch groups are in various stages of development in the Continental Ranch, Sunset Hills Estates and Dove Mountain areas. In addition, steps have been taken towards establishing Apartment Watch Programs. ANNUAL REPORT- PAGE 25- JAN 2003 -JUL 2004 Parks & Recreation Events, Activities and Facilities in the Town of Marana Enj oying Marana Life The Town of Marana has a very active and enthusiastic Department of Parks & Recreation that works to improve the quality of life for our residents through parks and programming. They seek to accommodate the recreation needs and wishes of many different demographic groups in Marana — families, teens, seniors, etc. —and provide extensive opportunities for community involvement and interaction. The wonderful staff on the Parks & Rec Team is "Dedicated to developing and implementing quality parks and leisure services for our community with a commitment to excellence, safety & pride." Special Events The Special Events Division of the Parks and Recreation Department sponsors several community events throughout the year. 1 Fourth of July Ora Mae Ham Park Saturday, July 3, 2004 6:00 pm to 11:00 pm This is a traditional event promoting family entertainment. The event features watermelon eating contests, an ice cream social, softball tournament, karaoke, children's activity area, and one of the largest firework shows in Southern Arizona. Spooktackular Ora Mae Ham Park Saturday, October 30, 2004 6:00 pm to 8:30 pm Spooktackular offers a safe setting for children and families to enjoy trick or treating. The evening offers entertainment, costume judging, pumpkin decorating with a fun and friendly atmosphere. Tree Lighting Ora Mae Ham Park Saturday, December 4, 2004 4:00 pm to 7:00 pm The Town tree is lit and Santa arrives. Families enjoy a snow play area, vendors, youth entertainment, a hay ride, and carolers. ANNUAL REPORT- PAGE 26- JAN 2003 -JUL 2004 Miracle in Martina Ora Mae Ham Park • Saturday, December 18, 2004 6:00 am to 6:00 pm The community comes together to offer every child a gift from Santa, food, entertainment, jumping castles, and a petting zoo. Founders' Day Celebration Ora Mae Ham Park March 18, 19 and 20, 2005 Founders' Day is a celebration of the Town of Marana's heritage and culture. The event begins with the Founder's Day Parade and includes a three day rodeo, entertainment, Indian pow wow, antique vendors, car show, food, crafts, and carnival. The 2005 celebration will also include the dedication and grand opening of the brand -new Marana Municipal Complex. Hip Hop Holiday Continental Ranch Park Saturday, April 23, 2005 10:00 am to 12:00pm This is an egg hunt for children with entertainment, food, and prizes. Marana Unified School District Partnerships • The Town's Department of Parks & Recreation also participates in many programs jointly with the school district to provide our children with both events and facilities. The activities include before - school and after- school programs, the Adaptive Recreation After - School Programs, the Super Star Student Program and the Summer Day Camps at the elementary schools. Furthermore, this cooperation can be seen in facilities exchange, like those at the Marana Heritage Arena, located on land leased by the Town from the District, and the Marana Municipal Swimming Pool used for physical education classes by Marana Middle School. This partnership also gives students a chance for more active participation in their community through programs like the Mayor's Youth Council and the opportunities that Marana High School art students have to participate in public art projects. Westem Heritage Facility The Marana Western Heritage Arena — located at the intersection of Postvale Road and the Frontage Road — opened for Founder's Day, March 12, 2004. Town of Marana personnel constructed the arena with the assistance of volunteers from the Western Heritage Committee. It is the site of the Marana Rodeo, but the arena is also available to community groups for equestrian events through registration with the Parks and Recreation Department. The Western Heritage Committee is an advisory organization that works with the Parks and Recreation Department to promote family events at the arena. The Marana Heritage Paris The Marana Heritage Park will tell the story of Marana's past and celebrate, honor, and interpret the community's history and culture. The complex will have an agricultural theme, but Heritage • House will also be available for local community arts and will serve as a museum commemorating the history of this region. ANNUAL REPORT - PAGE 27 - JAN 2003 -JUL 2004 The Heritage House is for completion in first week of November. Site improvements • around the house will continue through December. A master plan for the cultural area of the park will be undertaken, considering circulation, traffic, and links to surrounding neighborhoods and the Municipal Center. In conjunction with the Heritage Park Project, the Town's Engineering and Public Works staff has begun efforts to record, document and salvage the historic Producer's Cotton Oil Building near the Marana Interchange. This mud adobe structure dates to the 1920's and was a local landmark in the cotton industry. Although the deteriorated condition of the building prevents reasonable restoration, the architecture is being documented by the Town. Salvage of all reusable materials will occur during the next year, and the Cotton Oil Building will be recreated in the Heritage Park, just 2 miles to the south of building's original location. • • ANNUAL REPORT- PAGE 28- JAN 2003 -JUL 2004 • Chapter • Our Law Enforcement Team Marana's Police Department & Courts Keeping Marana Residents Safe The Marana Police Department's mission is to serve the public by furthering a partnership with the community to protect life and property, prevent crimes and solve problems. We are dedicated to improving the quality of life by earning the mutual trust and respect of the community through our professionalism and commitment to excellence. Our vision is to become a leader among agencies providing police services, by placing a high priority on community involvement and education (through programs listed under community outreach in Chapter 3), customer service, and respect for individual rights and cultural diversity. Police Department Achievements & Additions • • Communications Radio Upgrade: In August 2004, the Town of Marana contracted with Motorola for a $2 million upgrade system know as ASTRO LE, which could allow law enforcement and fire agencies in Marana and Pima County to communicate with each other in emergency situabpns. • Soft Armor Bulletproof Vest Grant Program: To provide our officers with body protections and to supplement the Town's budget, a grant was obtained through the Bureau of Justice Assistance Program for $5,218.60 this year. . • Communications Wireless Phase II: In April, Marana was the first in Pima County to obtain an upgrade with our 911 PSAP wireless mapping, enabling dispatchers to locate cellular callers on the 911 calls through this feature. • Inception of an Equestrian Patrol: The Mounted Unit patrols the linear park system, the neighborhoods and parks within the Town limits of Marana, and the 2,400 acre Tortolita Preserve. The unit is used for crowd control as well as search and rescue. To date the mounted unit has been involved in the recovery of over $100,000 of stolen property as well as numerous arrests • COP LINK: This multiagency area network identifies and cross - references criminal elements from various resources, searching through arrest records, incident reports, and emergency phone calls to identify potential suspects and compile all possible leads on them. • Sex Offender Website: This feature on the Police Department's website displays the identities and address information of sex offenders residing in the Marana area, including information about proximity to schools or day -care facilities. • Red Tag Ordinance: Implementation of the Loud or Unruly Gathering Ordinance • Inception of the Pima Regional SWAT Team ANNUAL REPORT-PAGE 29- JAN 2003 -JUL 2004 • ■ "Active Shooter" Training: All certified personnel completed this interactive training designed to prepare law enforcement teams for a possible school related shooting. This training involved both a classroom exercise on the Firearms Training Simulator and an actual simulation carried out with the help of local high school drama students. ■ $17,000 Accident Investigation Measuring System (AIMS) Grant from the Governor's Office of Highway Safety ■ $43,000 DUI Patrol Car /Overtime Grant from the Govemor's Office of Highway Safety ■ Purchase and use of TASERs as effective, non - lethal devices ■ CPR certifications provided to many Town employees, especially in the Parks and Recreation Department • ANNUAL REPORT- PAGE 30- JAN 2003 -JUL 2004 • Systems & Technology Marana's Information Network Connecting Marana to the 21' Century We live in a high speed world and the Town of Marana has embraced the technology that helps us provide faster, more efficient service to our residents. We use communication systems, data storage and computing technologies to improve our response time and provide a better product to both our staff and the citizens of our Town. The two departments most closely aligned with this work are the Geographic Information Systems (GIS) Department and the Information Technology (IT) Department. The GIS Department services the Town departments, the development community, and the general public with detailed site analysis and mapping products and services. The IT Department is responsible for developing and implementing technology to facilitate the productive and efficient use of Town computer, network, and communication • resources. Geographic Infonnation Systems The GIS department has expanded its services beyond Development Services and into the Parks & Recreation, Police, Operations, and Water Departments. Major contributions include: ■ The analysis of business and geographic information needs for the Water department to improve customer identification and tracking of existing water metering facilities; ■ Land use and habitat analysis to support the Habitat Conservation Plan; ■ GPS field location processing for water facilities, traffic signs and signals, and storm drains for inventory and asset management needs; ■ A roadway photo database containing 60,000 photos of arterial roadways to support Operations & Maintenance inventory and analysis of roadway conditions. In June, the GIS Department updated its Image library with new IKNONOS imagery in conjunction with Oro Valley and Northwest Fire. GIS is also coordinating large format document scanning of as- builts plans for the Public Works and the Water Departments this activity will reduce cost and reliance upon reproduction services. • ANNUAL REPORT- PAGE 31- JAN 2003 -JUL 2004 Information Technology Communication's Tower Based on the recommendation of the IT Department, the Council approved the development of a Communication Tower facility located at the corner of Barnett and Lon Adams. The main purpose of this Tower is to accommodate the need for multiple antennas and other communication equipment for both the Town of Marana and Northwest Fire. Having all the equipment centralized and with the needed height ensures that we receive the coverage that the Town of Marana needs to serve its citizens for Pubic Safety. The tower will be completed and operational by the end of October of 2004. Wireless Wide Area Network -. WWAN The Town of Marana has implemented a Wireless Wide Area Network to achieve better and more efficient communication between multiple facilities. Within the network, all servers are now centralized and the IT department is able to better manage the system by providing reliable backups, enterprise virus protection, SPAM filtering, in -house email, and increased productivity. During its six months of operation, the network has proved both reliable and stable. • • ANNUAL REPORT- PAGE 32- JAN 2003 -JUL 2004 • • • Marana's Fiscal Operations A Financial Review of 2003/2004 Managing the Town's Resources The Town of Marana's Accounting & Finance Department has the very important tasks of managing our monetary resources, reducing bureaucratic waste and keeping the Town financially strong. On a daily basis, the staff ■ Properly accounts for the day to day transactions of the Town, ■ Protects and ensures the efficient and effective use of the Town's fiscal resources, ■ Provides current and relevant financial reports for Council, senior management and citizens, • ■ And utilizes technology to improve the delivery of service for all aspects of town government. Fiscal 2004 Operating Results Aggregate surplus of $4.3 million • $1.71VI generated from impact fee funds • $1.91VI generated from HURF /LTAF/Transportation funds General Fund operating surplus of $3.2 million • $1.41VI generated from one -time, non - recurring revenues • $1.81VI generated from excess revenues (over expenditures), primarily sales tax and building & development fees • Gross sales tax greater than budget by $2.31VI • Construction industry surpassed budget expectations by $766K (11 %) • Retail trade exceeded budget by $111 K (1.56 %) • All other industries, except mining and wholesale trade, exceeded budget expectations • Operating surplus used to fund $3.0 million in general fund CIP expenditures • ANNUAL REPORT- PAGE 33- JAN 2003 -JUL 2004 • Fiscal 2004 CIP Summary Total expenditures = $23.2 million • $6.21VI (27 %) = transportation- related infrastructure improvements • $12.7M (55 %) = new municipal complex • $1.4M (6 %) = park and recreational amenities • $841 K (4 %) = airport improvements • $758K (3 %) = new and replacement vehicles and equipment Bond Rating In connection with the Town's issuance of approximately $19 million in revenue bonds through the Marana Municipal Property Corporation in 2003, the Town increased its bond rating from A to A +. The upgrade in the rating stems from a very strong undesignated fund balance that is a direct result of prudent fiscal policy and conservative fiscal planning /budgeting. • • ANNUAL REPORT- PAGE 34- JAN 2003 -JUL 2004 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jane Howell Relating to Personnel, approving and authorizing three additional staff positions with an estimated fiscal impact of $190,424. DISCUSSION Since the FY2004-2005 budget was approved, workload pressures have affected services in several departments. Additional positions are needed to cope with these increased pressures. The Human Resources Department provides services to all employees in all areas relating to employment, from recruiting and selection to separation. With the growth in the number of employees, service and records requirements have also grown. Current staff conducts basic transactional and administrative activities. The Analyst, who is a human resources professional and generalist, spends 80% of her time in the crucial area of recruitment and selection. That leaves 20% of her time to perform other administrative functions for the department, including compensation and benefits administration, and virtually no time for analyses and recommendations for which she was hired. An additional analyst will provide technical and professional skills and abilities, with the expectation that there will be increased opportunity for processes and policies to be analyzed and recommendations made for improved Human Resources services, administration and strategic partnering. Hiring salary is expected to be between $34,800 and $43,500, depending on qualifications. As a result of workload and staffing evaluations completed by recently appointed Planning Director Barbara Berlin, the addition of two more Planners I was identified as an immediate need. A planning technician position was approved and filled in May 2004, the first new planning staff in four years. The position, which has been responsible for routine clerical assistance, was recently changed to Planner I. based on the evaluative findings of the Planning Director. The incumbent Technician was promoted, and the position of planning technician will not be back-filled. There remains a critical need for one more Planner I to be added as soon as possible. Hiring salary is expected to be between $35,670 and $44,587, depending on qualifications. Because of the explosive growth in Marana, the Planning Director continues to evaluate the department's ability to meet the demands of development. The two Planner 1 positions address immediate needs for processing submittals. Requests for additional staff may be made if the on-going evaluation supports the requests. Additional HR, Planning Staff~IH 10/22/2004 1:33 PM The passage of the May 2004 County Bond issue means that the Town will receive $12,000,000 in bonded Capital Improvement Projects over the next five years. A full-time project manager, dedicated to CIP, is needed now to ensure professionalism and technical expertise in the management of these projects. No current project manager is able to meet the expectations of this new position and maintain current workloads. Hiring salary is expected to be between $55,633 and $69,541, depending upon qualifications. Assuming hiring salaries mid-way between the minimum and mid-points listed above, fiscal impact is estimated to be: Human Resources Analyst: $39,150 base pay + $11,745 benefits; work station is in place = $50,895 Planner I: $40,128 base pay + $12,038 benefits + $3,000 work station $55,166 CIP Project Manager $62,587 base pay +$18,776 benefits + $3,000 work station $84,363 Estimated Total Impact = $190,424 RECOMMENDATION Staff recommends approval of three new positions, one Human Resources Analyst, one Planner I, and one CIP Project Manager, with an estimated fiscal impact of $190,424, to be hired as soon as possible. SUGGESTED MOTION I move to approve and authorize three additional staff, with an estimated fiscal impact of $190,424, to be hired as soon as possible. -2- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B.1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jane Howell Relating to Personnel: approving and authorizing the addition of a Human Resources staff position. DISCUSSION The Human Resources Department provides services to all employees in all areas relating to employment, from recruiting and selection to separation. With the growth in the number of employees, service and records requirements have also grown. Current staff struggle to conduct basic transactional and administrative activities. As a consequence, almost all activities are reactive. For example, the Technician spends 80% of her time updating and maintaining documents and records; the remaining 20% is spent participating in New Hire Orientation, employee relations and appreciation activities, the employee newsletter, and health, safety and workers' compensation activities. Part-time "floater" office support staff provide miscellaneous clerical functions. The Analyst, who is a Human Resources professional and generalist, spends 80% of her time in the crucial area of recruitment and selection. That leaves 20% of her time to perform other administrative functions for the department, including compensation and benefits administration, with virtually no time for analyses and recommendations. An additional analyst will provide technical and professional skills and abilities, with the expectation that there will be increased opportunity for processes to be analyzed and recommendations made for improved Human Resources services and administration. Fiscal impact for a Human Resources Analyst is estimated to be: $38,000 base pay + $11,400 benefits; work station is in place = $49,400 RECOMMENDATION Staff recommends approval of a Human Resources Analyst position, to be hired as soon as possible. SUGGESTED MOTION I move to approve an additional Human Resources Analyst position at an estimated fiscal impact of $49,400. Additional HR Staff~IH 10/22/2004 ! :33 PM NJH TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 2 TO: MAYOR AND COUNCIL FROM: SUBJECT: Frank Cassidy, Town Attorney Resolution No. 2004-151: Relating to Parks & Recreation; ap- proving and authorizing the Mayor to execute an intergovernmen- tal agreement with Pima County to facilitate the planning, design and development of the Bureau of Reclamation Regional Park site within the Town of Marana. DISCUSSION This intergovernmental agreement ("IGA")with Pima County facilitates the construction, man- agement, and operation of a regional park on the Bureau of Reclamation ("BOR") property lo- cated immediately east of the CAP canal at Avra Valley Road. This IGA is a necessary compo- nent of receiving a license agreement with BOR for the construction, management, and operation of a regional park on the property because Pima County has a pre-existing fifty-year license agreement with BOR for the CAP trail which crosses the property. BOR has also granted Pima County an informal "right of first refusal" over BOR land suitable for recreational development in Pima County. Consequently, BOR will not grant a license to another governmental entity without the formal approval of Pima County, which is granted by this IGA. This IGA does not commit the Town to construct a regional park on the BOR site but facilitates the coordination of the regional park design and construction process between the Town and Pima County if funds for the park are made available by action of the Town Council or from other sources. ATTACHMENTS Intergovernmental Agreement and site map. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-151, approving and authorizing the execu- tion of the IGA with Pima County relating to the BOR regional park. SUGGESTED MOTION I move to adopt Resolution No. 2004-151. {00000310. DOC /} FJC/cds 10/25/04 MARANA RESOLUTION NO. 2004-151 RELATING TO PARKS & RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY TO FA- CILITATE THE PLANNING, DESIGN AND DEVELOPMENT OF THE BUREAU OF RECLA- MATION REGIONAL PARK SITE WITHIN THE TOWN OF MARANA. WHEREAS, the U. S. Bureau of Reclamation ("BOR") owns property located immediately east of the Central Arizona Project canal and immediately north and south of Avra Valley Road within the Town limits of the Town of Marana ("the BOR Park Property"); and WHEREAS, BOR and Pima County have entered into a fifty-year recreational land use agreement dated May 21, 1986, for the management and operation of a public trail and related amenities within BOR's CAP right-of-way ("the CAP Trail"); and WHEREAS, the Town ofMarana, Pima County; and BOR desire to facilitate the construc- tion, management, and operation of a regional park on the BOR Park Property; and WHEREAS, the Town and BOR are currently processing an intergovernmental agreement for the development, operation, and maintenance of a public regional park on the BOR Park Prop- erty, the execution of which is pending; and WHEREAS, the Town and Pima County desire to engage in a cooperative effort to facilitate the planning, design and development of the public regional park on the BOR Park Property, and to address and minimize any interference with the CAP Trail. 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 to Facilitate the Planning, Design, and Development of the Bureau of Reclamation Re- gional Park Site within the Town of Marana," 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. {00000305.DOC/} 1 FJC: cds l O/25/04 IT IS FURTHER RESOLVED that the Town Manager and Town staffare hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of November, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000305. DOC/} 2 FdC.'cds 10/25/04 ~,S RD N SANDERS RD f\ BOR Park Site z N SANDARIO RD 0/.0~' SAND:ERS RD N SANDERS RD Z INTERGOVERNMENTAL AGREEMENT between PIMA COUNTY AND THE TOWN OF MARANA to FACILITATE THE PLANNING, DESIGN AND DEVELOPMENT OF THE BUREAU OF RECLAMATION REGIONAL PARK SITE WITHIN THE TOWN OF MARANA This Intergovernmental Agreement ("this IGA" or "this Count¥/Marana IGA") is entered into by and between Pima County, a political subdivision of the State of Arizona ("County"), and the Town of Marana, an Arizona municipal corporation ("Marana"). County and Marana are sometimes collectively referred to as the Parties. RECITALS A. County and Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. County and Marana are authorized by A.R.S. § 11-933 to enter into cooperative agreements with other governmental entities (including counties and the United States) for the establishment, development, maintenance or administration of public parks. C. County and the U.S. Bureau of Reclamation ("Reclamation") entered into a 50-year Recreational Land Use Agreement, dated May 21, 1986 (County contract no. 01-05-U-107050- 0386) and amended by an agreement dated April 15, 1997 (the "County/BOR Agreement"). D. The County/BOR Agreement authorizes County to manage and operate a public trail and related amenities including trailhead staging areas within Reclamation's CAP right-of-way (the "CAP Trail"). E. Simultaneously with the processing and approval of this County/Marana IGA, Marana and Reclamation are processing and approving a Recreational Land Use Agreement (the "Marana/BOR Agreement") with respect to the use of the property described on the attached Exhibit A (the "Park Site"). F. The CAP Trail covers a portion of the Park Site. G. Reclamation has granted County an informal "right of first refusal" over Reclamation lands suitable for recreational development in Pima County. H. County and Marana desire to engage in a cooperative effort to facilitate the planning, design and development of the Park Site, which is located within the jurisdiction of Marana, to address and minimize any interference with the CAP Trail. {00000241 .DOC / 7 } IGA FOR BUREAU OF RECLAMATION PARK SITE 1 10/19/2004 3:35 PM .~1 GREEMENT Now, THEREFORE, in consideration of the foregoing recitals and the matters and things set forth in this IGA, the Parties agree as follows: I. County Consent. Pima County hereby consents to the Marana/BOR Agreement, and to Marana's non- exclusive use of the portion the Park Site that is subject to the County/BOR Agreement, for the term set forth in the Marana/BOR Agreement and for the purposes set forth therein and herein. II. County Shall: Authorize Marana's development of a regional park on the Park Site (the "Park Project") to encroach upon and cover that portion of the Park Site that is subject to the County/BOR Agreement, provided that: (a) the development does not disturb existing County improvements, or if it does, that the County improvements (including the CAP Trail if necessary) are moved at Marana's expense and in a manner authorized by County; (b) Marana manages, maintains and repairs the segment of the CAP Trail that passes through the Park Site; and (c) to the extent it affects the CAP Trail and is carried out, the Park Project is implemented according to plans mutually agreed upon by the parties. Have the right (but not the obligation) to implement the Park Project (or selected portions thereof) in coordination with Marana, in accordance with the mutually approved plans, and to the extent authorized under the County/BOR Agreement or some other Reclamation authorization. o Contribute funding to the Park Project, subject to the availability of funds and the appropriation and specific allocation of funds to the Park Project by the Pima County Board of Supervisors. Provide technical assistance to Marana and Reclamation in the development of the Park Project, subject to the availability of agency staff and related resources, to include assistance on such matters as planning, design, project management, and other issues and services mutually agreed upon by Marana and County. 5. Provide a staff member or members to participate in any committees or teams established to plan, design and/or supervise the implementation of the Park Project. III. Marana Shall: 1. Serve as lead local agency and coordinating entity in the development of the Park Project. {00000241.DOC / 7} IGA FOR BUREAU OF RECLAMATION PARK SITE 2 10/19/2004 3:35 PM 2. Assign a member of the Marana Parks and Recreation Department to serve as the principal project manager for the Park Project. 3. Provide funding for the Park Project, as may be made available by the Marana Town Council and other sources, such as grants, that may be secured by Marana staff. Maintain, repair and manage the portion of the CAP Trail that passes through the Park Site, and indemnify the County for any liability, loss, cost or expense arising from any improper maintenance of the CAP Trail. Assume responsibility for the operation and maintenance of the Park Project (or portions thereof) after they are constructed (including those portions, if any, developed by County under paragraph 11.2 above). IV. Term. This IGA shall be effective on the date it is recorded with the Pima County Recorder following execution by both parties to the Agreement and shall expire on the date that the County/BOR Agreement expires, unless earlier terminated as provided herein. V. Effect of Termination. If this IGA is terminated while County controls the CAP Trail pursuant to the County/BOR Agreement or other enforceable right, such termination shall not affect Marana's right and authority to continue to operate and develop (in a manner consistent with the Marana/BOR Agreement or other enforceable right) those portions of the Park Project not affected by the CAP Trail. If this IGA is terminated as a result of the expiration of the County/BOR Agreement, Marana may continue to operate and develop the Park Project in a manner consistent with the Marana/BOR Agreement or other enforceable right. Termination shall not relieve any party from liabilities or costs already incurred under this IGA. VI. Scheduling of Development. As part of the plans, the parties shall set reasonable deadlines for commencing certain portions of the Park Project. If Marana fails to meet an agreed-upon deadline, County shall have the right to terminate this IGA at any time thereafter, unless prior to County's exercise of this right of termination, Marana commences the improvements with respect to which the deadline was missed. VII. Disposal of Property. Upon the termination of this IGA, the ownership and disposition of all property, equipment and improvements located on the Park Site shall be determined based on the provisions of the Reclamation agreement or agreements applicable to the geographic area where the property, equipment or improvement is located. {00000241.DOC / 7} IGA FOR BUREAU OF RECLAMATION PARK SITE 3 10/19/2004 3: 35 PM VIII. Indemnification. Each Party (as indemnitor) agrees to indemnify, defend and hold harmless the other parties (as indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. IX. Compliance with Laws. The Parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. Any action relating to this IGA shall be brought in a court of competent jurisdiction in Pima County. X. Non-Discrimination. The Parties shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this Agreement. The parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. XI. ADA. The Parties shall comply with 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 28 CFR Parts 35 and 36. XII. Severability. If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. XIII. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. XIV. Non-Appropriation. Not withstanding any other provision in this IGA, this IGA may be terminated if for any reason any of the Parties do not appropriate sufficient monies for the purpose of maintaining this Agreement. {00000241.DOC / 7} IGA FOR B UREA U OF RECLAMATION PARK SITE 4 10/19/2004 3: 35 PM XV. Legal Authority. No party warrants to the other parties its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that any party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by any party against the other parties for lack of performance or otherwise. XVI. Worker's Compensation. Each party shall comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-1022, each Party shall be considered the primary employer of all personnel currently or hereafter employed by that Party, irrespective of the operations of protocol in place, and said Party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. XVII. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any parmership, joint venture or employment relationship between the parties or create any employer-employee relationship between or among Marana, County and Reclamation or their employees. Neither party shall be liable for any debts, accounts, obligations or 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. XVIII. No Third Party Beneficiaries. Nothing in this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal liability of any party to this IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. XIX. Entire Agreement. This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever is appropriate. PIMA COUNTY: MARANA: Sharon Bronson, Chair Board of Supervisors Bobby Sutton, Mayor Town of Marana {00000241 .DOC / 7} IGA FOR B URE,4 U OF RECLAMATION PARK SITE 5 10/19/2004 3: 35 PM ATTEST: ATTEST: Lori Godoshian Clerk of the Board Jocelyn Bronson Town Clerk INTER GO VERNMENTAL .4 GREEMENT DE TERMINATION The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by each of 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 the party to the Intergovernmental Agreement represented by each of the undersigned. PIMA COUNTY: TOWN OF MARANA: Deputy County Attorney Town Attorney {00000241.DOC / 7} IGA FOR BUREAU OF RECLAMATION PARK SITE 6 10/19/2004 3:35 PM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Ordinance No. 2004.21: Relating to Real Estate; approving an ex- change of real property located northwest of the intersection of Ina and Silverbell Roads; authorizing the Mayor to execute an ex- change agreement with DCK Investments, Inc., and any other documents necessary to accomplish the exchange; and declaring an emergency. DISCUSSION The Town of Marana is completing the design and soon anticipates to begin construction of re- aligned and widened Silverbell Road north of its intersection with Ina Road and of Ina Road west of its intersection with Silverbell Road. The Town needs to acquire certain rights-of-way and easements from DCK Investments, Inc., the owner of the property immediately northwest of the intersection of Ina and Silverbell Road. DCK is willing to trade the rights-of-way and ease- ments to the Town in exchange for the right-of-way which will no longer be needed by the Town after the construction and relocation of the road. The exchange of lands as set forth in the docu- ment entitled "Exchange Agreement between DCK Investments, Inc., and Town of Marana, Ari- zona,'' presented to the Mayor and Council concurrently with this Ordinance, facilitates the ac- quisition of the necessary rights-of-way and easements. Exchange Agreement and site map. ATTACHMENTS RECOMMENDATION Staff recommends adoption of Ordinance No. 2004.21, approving and authorizing the execution of the Exchange Agreement with DCK Investments, Inc. SUGGESTED MOTION I move to adopt Ordinance No. 2004.21. [00000264. DOC/] FJC/cds 10/25/04 MARANA ORDINANCE NO. 2004.21 RELATING TO REAL ESTATE; APPROVING AN EXCHANGE OF REAL PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF INA AND SILVERBELL ROADS; AUTHORIZING THE MAYOR TO EXECUTE AN EXCHANGE AGREEMENT WITH DCK INVESTMENTS, INC., AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE EXCHANGE; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Marana is completing the design and soon anticipates to begin construction of a realigned and widened Silverbell Road north of its intersection with Ina Road and of Ina Road just west of its intersection with Silverbell Road; and WHEREAS, the Town of Marana needs to acquire certain land and easements from DCK Investments, Inc. (the "Property Owner"), of the property immediately northwest of the intersec- tion of Ina and Silverbell Road; and WHEREAS, the realignment of Silverbell Road as part of the construction project will result in a parcel of property which is adjacent to the Property Owner and which is no longer necessary for right-of-way purposes; and WHEREAS, the Property Owner is willing to trade the land and easements the Town needs for the road project to the Town in exchange for the right-of-way which will no longer be needed by the Town after the construction and relocation of the road; and WHEREAS, the properties being exchanged are specifically described and mapped on the exhibits attached to the "Exchange Agreement between DCK Investments, Inc., and Town of Marana, Arizona" (the "Exchange Agreement"), which is attached as Exhibit A to this ordinance; and WHEREAS, the property rights being exchanged are of substantially equal value; and WHEREAS, A.R.S. § 9-407 requires land exchanges to be authorized by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, SECTION 1. The exchange of lands as set forth in the Exchange Agreement presented to the Mayor and Council concurrently with this ordinance and attached as Exhibit A is hereby ap- proved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, any and all documents necessary to effectu- ate the above-contemplated exchange for and on behalf of the Town of Marana. {00000257.DOC/} SECTION 3. The Town Manager and Town staff are authorized and directed to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the aforementioned Exchange Agreement. SECTION 4. BE IT FURTHER RESOLVED THAT since it is necessary for the preser- vation of the peace, health and safety of the Town of Marana that this ordinance become imme- diately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of November, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000257.DOC/} - 2 - FJC/cds 10/25/04 EXCHANGE AGREEMENT BETWEEN DCK INVESTMENTS, INC. AND TOWN OF MARANA, ARIZONA THIS EXCHANGE AGREEMENT is INVESTMENTS, INC., an Arizona corporation ("DCK") political subdivision of the State of Arizona (the "Town"). made by and between DCK and the TOWN OF MARANA, a RECITALS The parties acknowledge and agree that the following recitals of fact and intentions are true and correct and are an integral part of this Agreement: A. DCK is the owner of the following two parcels of undeveloped property located north and west of the current intersection of Ina Road and Silverbell Road, Marana, Arizona, and more particularly described on Exhibit A attached hereto (the "DCK Property"): A parcel which is to be within the roadway of Silverbell Road after it is re-aligned; and A parcel located along the north side of Ina Road and west of Silverbell Road. B. The Town is desirous of re-aligning Silverbell Road north of its intersection with Ina Road and is in need of acquiring the DCK Property in order to accomplish that re-alignment in the manner set forth on the map attached hereto as Exhibit B. C. DCK is also the owner of additional undeveloped property located north and west of the current intersections of Ina Road and Silverbell Road, Marana, Arizona, adjacent to the current roadway of Silverbell Road and the planned re-aligned roadway of Silverbell Road over which the Town needs temporary construction easements more particularly described on Exhibit C attached hereto (the "Temporary Construction Easement Parcel") and over which the Town needs permanent drainage easements more particularly described on Exhibit D to Exchange Agreement/Part 1 and Exhibit D to Exchange Agreement/Part 2 hereto (the "Drainage Easement Parcels"). {00000214.DOC / 3} - 1 - D. Once Silverbell Road has been re-aligned, the Town will not have any need of that portion of existing Silverbell Road, more particularly described on Exhibit E attached hereto, except to reserve certain permanent drainage easements more particularly described on Exhibit F attached hereto and to reserve any easements as required by A.R.S. § 28-7210, (all of the foregoing, with reserved easements, are referred to as the "Silverbell Roadway Property") and is therefore desirous of exchanging the Silverbell Roadway Property for the DCK Property, temporary construction easements over the Temporary Construction Easement Parcel and permanent drainage easements over the Drainage Easement Parcels pursuant to A.R.S. § 9-407. E. The Town has expressed to DCK that if DCK does not voluntarily exchange the fee interest in the DCK Property, grant temporary construction easements over the Temporary Construction Easement Parcel and grant permanent drainage easements over the Drainage Easement Parcels for the fee interest in the Silverbell Roadway Property, the Town will take the DCK Property, temporary construction easements over the Temporary Construction Easement Parcel and permanent drainage easements over the Drainage Easement Parcels under its power of eminent domain granted pursuant to A.R.S. §§ 9-276 and 12-1111. F. The parties are desirous of entering into an agreement whereunder the DCK Property would be exchanged for the Silverbell Roadway Property, temporary construction easements over the Temporary Construction Easement Parcel would be granted and permanent drainage easements would be granted over the Drainage Easement Parcels, as more particularly set forth herein. AGREEMENT NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. Agreements By DCK. 1.1 Convey DCK Property. DCK hereby agrees to convey the DCK Property to the Town by duly executing a Special Warranty Deed in the form attached hereto as Exhibit G and delivering such Special Warranty Deed to the Escrow to be established pursuant to Section 4 below. 1.2 Grant Temporary Construction Easement. DCK hereby agrees to grant the Town temporary construction easements over the Temporary Construction Easement Parcel by duly executing the Temporary Construction Easement in the form attached hereto as Exhibit H and delivering such Temporary Construction Easement to the Escrow to be established pursuant to Section 4 below. 1.3 Grant of Drainage Easement. DCK hereby agrees to grant the Town permanent drainage easements over the Drainage Easement Parcels by duly executing the Drainage Easement in the form attached hereto as Exhibit I and delivering such Temporary Construction Easement to the Escrow to be established pursuant to Section 4 below. {00000214.DOC / 3} - 2 - 2. D'ansfer of the Silverbell Roadway Property to DCK. Once. the re- ali~m~nent of the Silverbell Road on the DCK Property has been completed, the Town shall convey the Silverbell Roadway Property to DCK by causing a Deed of Abandonment in the form attached hereto as Exhibit J to be duly executed and delivered to the Escrow. The Town agrees to use its good faith efforts to complete the re-alignment of Silverbell Road on the DCK Property in time for such Deed of Abandonment to be recorded by December 31, 2007. If the Deed of Abandonment is not recorded by December 1, 2007, DCK may give the Town written request for the recordation of the Deed of Abandonment at any time between December 2, 2007, and December 20, 2007, and upon such written request, the Town may extend the time for recording the Deed of Abandonment for an additional three years by signing and returning such written request to DCK at any time prior to December 31, 2007, provided that the Town continues to use its good faith efforts to complete the re-alignment of Silverbell Road on the DCK Property within such additional three-year period. 3. Construction of Sewer Connections by the Town. The Town hereby agrees to construct and install sewer connections on those portions of the Temporary Construction Easement Parcel as shown on the map attached hereto as Exhibit H. 4. Escrow. 4.1 Opening. Upon execution of this Agreement by the parties, the parties shall open an escrow with Lawyers Title Agency of Arizona (Ms. Pamela M. Tighe, Vice President), One South Church, Suite 1800, Tucson, AZ 85701 (Tele: 520-740-0424; Fax 520- 740-0436) (the "Escrow Holder") and each party shall deposit with the Escrow Holder all instruments and funds required to be deposited by this Agreement to consummate the transaction contemplated hereby. {00000214.DOC / 3 } 3 4.2 Escrow Instructions. It is expressly agreed by the parties that if the Escrow Holder requires escrow instructions, such shall be executed and delivered for the purpose of enabling the Escrow Holder to complete the exchange of the DCK Property, the temporary construction easements over the Temporary Construction Easement Parcel and the permanent drainage easements over the Drainage Easement Parcels for the Silverbell Roadway Property (the DCK Property and the Silverbell Roadway Property are collectively referred to as the "Subject Properties") in accordance with this Agreement and that in the event of any conflict between the provisions of any such escrow instructions and this Agreement, the provisions of this Agreement shall be controlling. A copy of this Agreement shall be deposited with the Escrow Holder and thereby constitute a part of any escrow instructions for the applicable Escrows. The obligations of each party which are herein agreed to be undertaken by such party in the Escrow shall be and are hereby made agreements of such party in and under this Agreement independent of any escrow instructions required by the Escrow Holder. If any requirements relating to the duties or obligations of the Escrow Holder hereunder are not acceptable to the Escrow Holder, or if the Escrow Holder requires additional instructions, the parties agree to make such deletions, substitutions and additions to escrow instructions as counsel for DCK and the Town shall mutually approve and which do not substantially change this Agreement or its intent. DCK and the Town further agree to perform, observe and fulfill the requirements of this Agreement notwithstanding said deletions, substitutions or additions to the escrow instructions as in this Section set forth. 5. Closings. 5.1 Closing of Transfer of DCK Property and Easements. The transfer of the DCK Property to the Town, the grant of the temporary construction easements over the Temporary Construction Easement Parcel and the grant of the permanent drainage easements over the Drainage Parcels shall be consummated on or before 5:00 p.m. November 30, 2004, by the Escrow Holder recording the DCK Special Warranty Deed in the office of the Pima County Recorder by that time (the "DCK Property and Easement Closing"). 5.2 Closing of Transfer of Silverbell Roadway Property. The transfer of the Silverbell Roadway Property to DCK shall be consummated on or before the time specified in Section 2 hereof by the Escrow Holder recording the Town's Deed of Abandonment in the office of the Pima County Recorder by that time (the "Silverbell Roadway Property Closing"). 6. Costs of Transaction. The costs of consummating the transactions contemplated hereby shall be borne by the respective parties as follows: 6.1 Escrow Fees. DCK and the Town shall each pay one-half (½) of all escrow fees. 6.2 Recording Fees for the DCK Property and Easements. DCK shall pay the fees for recording the Special Warranty Deed to the DCK Property, the Temporary Construction Easement and the Drainage Easement. 100000214.DOC / 3} - 4 - 6.3 Recording Fees for the Silverbell Roadway Proloerty. The Town shall pay the fees for recording the Deed of Abandonment to the Silverbell Roadway Property. 6.4 Title Policy for the Town. DCK shall pay for the cost of the policy of title insurance for the Town described in Section 7.1 hereof. 6.5. Title Policy for DCK. The Town shall pay the cost of the policy of title insurance for DCK described in Section 7.2 hereof. 6.6 Other Costs. All other costs of the Escrow shall be apportioned in the customary manner in Pima County, Arizona. 7. Condition of Title; Title Insurance. 7.1 Owner's Title Insurance for the Town. Title to the DCK Property shall be insured by a standard policy of title insurance issued by Lawyers Title Insurance Company, with liability in the amount of $5,000 showing title vested in the Town, subject only to the following: A. Non-delinquent real property taxes; B. Existing easements of record; C. Those liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way, easements and exceptions now of record that do not affect the use or enjoyment of the DCK Property. 7.2 Owner's Title Insurance for DCK. Title to the Silverbell Roadway Property shall be insured by a standard policy of title insurance issued by Lawyers Title Insurance Company, with liability in the amount of $5,000 showing title vested in DCK, or its assigns, subject only to the following: A. Non-delinquent real property taxes; or similar pipelines and appurtenances; B. Rights-of-way or easements for existing sewer, gas, water appurtenances and electric, telephone and similar lines and C. Those liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way, easements and exceptions now of record that do not affect the use or enjoyment of the Silverbell Roadway Property. {00000214.DOC / 3 } 5 7.3 DCK Property Title Report. Within 10 days after the opening of the Escrow, D CK s hall provide t he T own with a preliminary title report (the "DCK Property Title Report") showing the state of the title of the DCK Property. Within 5 days business after receipt thereof, the Town shall notify DCK in writing of any exceptions in the DCK Property Title Report that affect the use or enjoyment of the DCK Property. If the Town does not give DCK written notice within such 5 day period, the DCK Property Title Report shall be deemed accepted by the Town. DCK shall have 3 days after receipt of notice from the Town of objections in the DCK Property Title Report to: (1) Secure the removal of any unacceptable exceptions, except for matters requiring the payment of money which may be cleared through the Escrow at the close thereof; or (2) Notify the Town of those exceptions that DCK does not intend to remove; or (3) Do a combination of the foregoing. If DCK notifies the Town of any exceptions that it does not intend to remove, then the Town shall have tmtil the DCK Property and Easement Closing to cancel the transaction or to waive the removal of the exceptions and proceed to consummate the transaction contemplated hereby; if the Town proceeds to consummate the transaction, any exceptions not removed shall be deemed waived by the Town. 7.4 $ilverbell Roadway Property Title Report. Within 10 days after the opening of the Escrow, the Town shall provide DCK with a preliminary title report (the "Silverbell Roadway Property Title Report") showing the state of the title of the Silverbell Roadway Property. Within 5 days business after receipt thereof, DCK shall notify the Town in writing of any exceptions in the Silverbell Roadway Property Title Report that affect the use or enjoyment of the Silverbell Roadway Property. If DCK does not give the Town written notice within such 5 day period, the Silverbell Roadway Property Title Report shall be deemed accepted by DCK. The Town shall have 3 days after receipt of notice from DCK of objections in the Title Report to: (1) Secure the removal of any unacceptable exceptions, except for matters requiring the payment of money which may be cleared through the Escrow at the close thereof; or (2) Notify DCK of those exceptions that the Town does not intend to remove; or (3) Do a combination of the foregoing. If the Town notifies DCK of any exceptions that it does not intend to remove, then DCK shall have until the DCK Property and Easement Closing to cancel the transaction or to waive the removal of the exceptions and proceed to consummate the transaction contemplated hereby; if DCK proceeds to consummate the transaction, any exceptions not removed shall be deemed waived by DCK. 7.5 Delivery of Title Policies. The policy of title insurance described in Section 7.1 above shall be delivered to the Town at the DCK Property and Easement Closing and the policy of title insurance described in Section 7.2 above s hall b e delivered t o D CK a t t he Silverbell Roadway Property Closing. 8. Possession. The Town shall be entitled to possession of the DCK Property and the use of the Temporary Easement Parcels for the temporary construction easements thereon and the use of the Drainage Easement Parcels for the drainage easements thereon at the DCK Property and Easement Closing and DCK shall be entitled to possession of the Silverbell Roadway Property at the Silverbell Roadway Property Closing. {00000214.DOC / 3} - 6 - 9. P~vrations. Non-delinquent real property taxes on the Subject Properties shall be prorated to the Close of Escrow. 10. Commissions. 10.1 By DCK. DCK hereby warrants and represents to the Town that it has not entered into any agreement or incurred any obligation which might result in the obligation to pay a sales, brokerage commission or finder's fee on the transaction contemplated hereby. DCK hereby agrees to indenmify and hold the Town harmless from and against any liability or responsibility that proximately results from the breach of the foregoing warranty by DCK. 10.2 By the Town. the Town hereby warrants and represents to DCK that it has not entered into any agreement or incurred any obligation which might result in the obligation to pay a sales, brokerage commission or finder's fee on the transaction contemplated hereby, the Town hereby agrees to indenmify DCK and hold it harmless from and against any liability or responsibility that proximately results from the breach of the foregoing warranty by the Town. agrees that: 11. The Town's Investigation of Property. The Town acknowledges and 11.1 Independent Inspection. The DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels are vacant and unimproved land, and represents and warrants to DCK that the Town has independently inspected and investigated the DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels or will independently inspect and investigate the DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels and has entered into this Agreement based upon the Town's inspection and investigation. 11.2 Size. DCK makes no representations or warranties whatsoever regarding the square footage or acreage contained within the DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels. 11.3 Physical Condition. DCK makes no representations or warranties whatsoever regarding the physical condition of the DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels (including, but not limited to, soils, geological conditions and availability of water). {00000214.DOC / 3} - 7 - 11.4 Zoning and Compliance With Laws. DCK makes no representations or warranties whatsoever regarding the zoning affecting the DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels, regarding compliance of the DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels (and any activities previously conducted thereon or with respect thereto) with any federal, state or municipal laws, ordinances, or regulations relating to sale of subdivided lands, or regarding the suitability or fitness of the DCK Property, the Temporary Easement Parcels and the Drainage Easement Parcels for the Town's purposes. 11.5 As Is Condition. the Town is acquiring the fee interest in the DCK Property, the temporary construction easements over the Temporary Easement Parcels and permanent drainage easements over the Drainage Easement Parcels in their "as is" condition. 12. DCK's Investigation of Property. The Town acknowledges and agrees that: 12.1 Independent Inspection. The Silverbell Roadway Property is currently being used as a part of the roadway for Silverbell Road in Marana, Arizona, and represents and warrants to the Town that DCK has independently inspected and investigated the Silverbell Roadway Property or will independently inspect and investigate the Silverbell Roadway Property and has entered into this Agreement based upon DCK's inspection and investigation. 12.2 Size. The Town makes no representations or warranties whatsoever regarding the square footage or acreage contained within the Silverbell Roadway Property. 12.3 Physical Condition. The Town makes no representations or warranties whatsoever regarding the physical condition of the Silverbell Roadway Property (including, but not limited to, soils, geological conditions and availability of water). 12.4 Zoning and Compliance With Laws. The Town makes no representations or warranties whatsoever regarding the zoning affecting the Silverbell Roadway Property, regarding compliance of the Silverbell Roadway Property (and any activities previously conducted thereon or with respect thereto) with any federal, state or municipal laws, ordinances, or regulations relating to sale of subdivided lands, or regarding the suitability or fitness of the Silverbell Roadway Property for DCK's purposes. 12.5 As Is Condition. The Town is acquiring the Silverbell Roadway Property in its "as is" condition. 13. Approval of Town Council. The obligations of the Town pursuant to this Agreement shall be contingent on the approval of this Agreement by the Town Council on or before November 8, 2004, and if the Town Council does not approve of this Agreement by such date, this Agreement shall be null and void and of no further force or effect. {00000214.DOC / 3 } - 8 - 14. General Provisions. 14.1 Entire Agreement; Amendment. This Agreement shall constitute the whole and entire agreement of the parties hereto with respect to the matters set forth herein and shall not be superseded by any future agreements among the parties, except to the extent that any provision or provisions of this Agreement is or are also expressly dealt with or covered by any subsequent agreement or contract among the parties and if any provision of this Agreement is inconsistent with the provision of any subsequent agreement or contract the provisions of the subsequent agreement or contract shall govern. This Agreement shall not be modified or amended in any respect except by a written instrument executed by all of the parties provided however, all of the parties shall not be required to sign or execute any subsequent agreement or contract which does not affect his or her rights or his or her obligations, liabilities or duties hereunder. 14.2 Counterpart Executions. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may also be executed by facsimile signatures a nd i n a ny n umber o f counterparts, a 11 o f which s hall constitute o ne a nd t he same instrument. 14.3 Notice. All notices, requests, demands and other communications hereunder shall, except as otherwise provided herein, be in writing and shall be deemed to have been duly given if any such communication is addressed to a party at the address listed opposite his or her signature below. All such notices shall be either mailed by prepaid registered or certified mail in an envelope addressed as above provided or shall be personally delivered. Notices mailed shall be deemed to have been given on the date mailed. Notices personally delivered shall be deemed to have been given on the date of receipt by the addressee. 14.4 Law Governing. This Agreement has been executed and delivered in the State of Arizona and shall be construed and enforced in accordance with the laws of such state. 14.5 Benefit. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, personal representative, successors and assigns. 14.6 Time of Essence. Time is of the essence in this Agreement. 14.7 Gender and Number. Whenever used in this Agreement, the singular shall include the plural and the plural shall include the singular, the male shall include the female gender and a trust, partnership, firm, company or corporation, all as the context and meaning of this Agreement may require. {00000214.DOC / 3 } 9 14.8 Further Assurances. Each party hereby agrees that. it will, whenever and as often as it shall be reasonably required by any other party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and documents as may be reasonably necessary in order to complete the transactions and agreements herein provided and to do any and all other acts and to acknowledge, execute and deliver any and all documents which may be reasonably requested in order to reasonably carry out the intent and purposes of this Agreement. 14.9 Severability. If any provision or term of this Agreement shall be held or determined to be unenforceable, the balance of this Agreement shall nevertheless continue in full force and effect, unaffected by such holding or determination. In addition, in any such event, the parties agree that it is their intention and agreement that any such provision or term which is held or determined to be unenforceable as written, shall nonetheless be enforced and binding to the fullest extent permitted by law as though such provision or term had been written in such a manner to such an extent as to be enforceable under the circumstances. TOWN OF MARANA, municipal corporation 13251 N. Lon Adams Road Marana AZ 85653 an Arizona DCK INVESTMENTS, INC., an Arizona corporation 2841 N. Orlando Avenue Tucson AZ 85712 By: By_ Mayor Bobby Sutton, Jr. Douglas C. Kennedy, President ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000214.DOC / 3} - 10 - STATE OF ARIZONA ) ) COUNTY OF PIMA ) SS.: The foregoing instrument was acknowledged before me this __ day of 2004, by Douglas C. Kennedy, President of DCK INVESTMENTS, INC., an Arizona corporation, on behalf of the corporation. Notary Public Seal {00000214.DOC / 3} l 1 Letter A B C D E F G H I LIST OF EXHIBITS TO EXCHANGE AGREEMENT BETWEEN DCK INVESTMENTS, INC. AND TOWN OF MARANA, ARIZONA Description Legal Description of the DCK Property Map showing the Re-Alignment of Silverbell Road through the DCK Property Legal Description of the Temporary Construction Easement Parcel Legal Descriptions of the Drainage Easement Parcel (Parts 1 and 2) Legal Description of the Silverbell Roadway Property Legal Description of the Town-reserved easements in the Silverbell Roadway Property Form of Special Warranty Deed to the DCK Property Form of Temporary Construction Easement Form of Drainage Easement Form of Deed of Abandonment to the Silverbell Roadway Property {00000214.DOC / 3} 12 civil engineering environmental services flood control and drainage land surveying landscape architecture natural resources transportation water and wastewater December 5, 2002 EEC No. 20079 (Sets 188 & 189) DESCRIPTION OF PUBLIC RIGHTS-OF-WAY (226-33-009E) That portion of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the South One-Quarter (S 1/4) comer of said Section 35; THENCE N 89°52'16'' E, along the South Line of the Southeast One-Quarter (SE 1/4) of said Section 35, a distance of 7.85 feet (8.03 feet Record) to the centerline of StLVERBELL ROAD according to Book 3 of Record of Surveys at P~e 42, Pima County Recorder's Office, Pima County, Arizona;; THENCE N 42026'42" W, along said centerline of SILVERBELL ROAD, a distance of 267.19 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Northwesterly, along said centerline of SILVERBELL ROAD, along the arc of said curve, to the right, having a radius of 716.20 feel and a central angle of 31 °44'50" for an arc distance of 396.84 feet to a point of tangency; THENCE N 10°41'52'' W, along said centerline of SILVER_BELL ROAD, a distance of 470.07 feet to a point of curvatm:e of a tangent curve concave to the West; THENCE Northerly, along said centerline of SILVERBELL ROAD, along the arc of said curve, to the left, having a radius of 954.93 feet; and a central angle of 00°00'39" for an arc distance of 0.18 feet to a non-tangent line; THENCE N 33°34'05'' W 85.98 feet to the POINT OF BEGL-¥NI2NG; THENCE continue N 33°34'05'' W 924.06 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the left, having a radius of 880.00 feel and a central angle of 29°41'28" for an arc d/stance of 456.02 feet to a point oftangency; Engineering and Environmental Consultants, Inc. 4625 E. Fort Lowell Road · Tucson, Arizona 85712 Tel: 520-321-4625 · Fax: 520-32%0333 www. eec-info, com Exhibit A to Exchange Agreement December 5, 2002 EEC No. 20079 Public Pdghts-of-Way Page 2 THENCE N 63°15'33'' W 227.81 feet to the Easterly line of SILVER_BELL PLACE, as recorded in Book 54 of Maps and Plats at Page 48, Pi_ma County Recorder's Office, Pima County, Arizona, said point being the Southeasterly comer of the parcel dedicated to Pima County by said SILVERBELL PLACE; THENCE N 06°09'58'' W, along said Easterly line of SILVERBELL PLACE, a distance of 7.38 feet; THENCE S 74°09'41" E, along said Southerly fight-of-way line, a distance of 139.65 feet to a point of curvature ora tangent curve concave to the Southwest; THENCE Southeasterly, along the Southwesterly fight-of-way line of said SILVERBELL ROAD, along the arc of said curve, to the ri~zht, having a radius of 744.27 feet, and a central angle of 40035'36'' for an arc distance of 527.31 feet to a point oftangency; THENCE S 33°34'05'' E, along said Southwesterly right-of-way line, a distance of 689.08 feet to a point of curvature of a tangent curve concave to the SouthWest; THENCE Southeasterly, along said Southwesterly fight-of-way line, along' the arc of said curve, to the rig~ht, haxing a radius of 924.93 feet, and a central angle of 17°56'45'' for an arc distance of 289.70 feet to the POINT OF BEGINN~G; TOGETHER WITH That portion of said Section 35, described as follows: COMMENCING at the South One-Quarter (S 1/4) comer of said Section 35; THENCE N 89°57'11" W, along the South Line of the Southwest One- Quarter (SW 1/4) of said Section 35, a distance of 60.30 feet; December 5, 2002 EEC No. 20079 Public Rights-of-Way Page 3 THENCE N 00002'49'' E 30.00 feet to the POINT OF BEGIN~'ING at the intersection of a line 30.00 feet North of and parallel with said South Line of Southwest one-Quarter (SW 1/4) with the Westerly right-of-way line of SILVERBELL ROAD, as recorded in Book 3 of Road Maps at Page 24, Pima County Recorder's Office, Pima County, Arizona; THENCE N 89°57'11" W, along said parallel line, a distance of 2,553.68 feet to the West Line of said Southwest One-Quarter (SW 1/4); THENCE N 00°14'58'' W, along said West Line, a distance of 45.00 feet to a line 75.00 feet North of and parallel with said South Line of the Southwest One- Quarter (SW ¼) of Section 35; THENCE S 89°57'11" E, along said parallel line, a distance of 2,512.69 feet to the Westerly right-of-way line of SILVERBELL ROAD, (as recorded in Book 3 of Record of Surveys at Page 42, Pima County Recorder's Office, Pima County, Arizona); THENCE S 42°26'42'' E, along said Westerly right-of-way line, a distance of 61.03 feet to the POINT OF BEGIh~RNG; Both parcels together containing 4.151 acres, more or less. Prepared by: ENGINEERING AND ENVIRONMENTAL CONSULTANTS, INC. James L. Dean, R.L.S. JLD:\jy j :lshare dlj d eanllegall20079\pubti ¢ rights-of-way II co z $I~ 54 ~ PRESTW~CK PROPERTiES, LLC. 225~27-009e DCKInvestmen~,Inc. 226-33-009E Silverbell Road Alignment to be Abandoned. PRESTWICK PROPERTIES, LLC. 226.27-O09H ~ UNSUBDIVlDED $ IL VERBELL ROAD 8K 3 RS, PG 42 New Silverbell Road Alignment /'"" PRESTWICK ./' PROPERTIES, LLC. CKNTERL IN£ ROAD :~ PRESTWICK PROPERTIES, LLC. ROAD SOUTH 1/4 C~ SEC 35-12-12 CAi~A~ PLATA LLC( 214'O4-O410 INA · 5[LV£RB£LL I 214-04-044A IN& · $ILVERBELL COUNIY civil engineering environrcental services flood control and drainage land surveying landscape architecture natural resources transportation water and wastewater December 19, 2002 EEC No. 20079 (Set 207) DESCRIPTION OF TEMPOtL&RY CONSTRUCTION EASEMENT That portion of Section 35, Townskip 12 South, Range t2 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COM/vlE~CING at the South One-Quarter (S 1/4) comer of said Section 35; THENCE N 89°52'16'' E, along the South Line of the Southeast One-Quarter (SE 1/4) of said Section 35, a distance of 139.99 feet; THENCE N 20°07'30'' W 408.98 feet to a point of curvature of a tangent cun:e concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the left, having a radius of 2,150.00 feet, and a central angle of 13026'35" for an arc distance of 504.45 feet to a point oftangency; THENCE N 33°34'05'' W 347.32 feet; THENCE S 56°25'55" W 75.00 feet to the POINT OF BEGINNING on the arc of a non-tangent curve concave to the West, a radial line of said curve through said point having a bearing of N 74022'40'' E, said point being on the Westerly r/ght- of-way line SIT.V-ER.BELL ROAD, according to Book 3 of Record of Surveys at P~e 42, Pima County Recorder's Office, Pima County, Arizona; THENCE Southerly, along said Westerly line, along the arc of said curve, to the right, having a radius of 924.93 feet, and a central angle of 01°54'44'' for an arc distance of 30.87 feet to a non-tangent line; THENCE N 33°34'05"' W 953.26 feet to .a point of cun, amre of a tangent curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the left, having a radius of 870.00 feet, and a central an~e of 29°41'28'' for an arc distance of 450.84 feet to a point oftangency; Engineering and Environmental Consultants, inc. 4625 E. Fort Lowell Road · Tucson, Arizona 85712 Tel: 520-321-4625 . Fax: 520-321-0333 www. eec-in fo. corn Exhibit C to Exchange Agreement December 19, 2002 EEC No. 20079 TCE Page 2 THENCE N 63o15'33'' W 221.34 feet to the Easterly line of SILVER_BELL PLACE, as recorded in Book 54 of Maps and Plats at Page 48, Pima County Recorder's Office, Pi_ma County, Arizona; THENCE N 06°09'58" W, along said Easterly line, a distance of 11.91 feet; THENCE S 63015'33" E 227.81 feet to a point of curvature ora tangent curve concave to the Southwest; THENCE Southeasterly along the arc of said curve, to the right, having a radius of 880.00 feet, and a central angle of 29°41'28" for an arc distance of 456.02 feet to a point oftangency; ' THENCE S 33°34'05" E 924.06 feet to the POINT OF BEGINNING; Containing 16,169 square feet, more or less. Prepared by: ENGINEERING ,42',rD ENVIRONMENTAL CONSULTANTS, INC. James L. Dean, R.L.S. ['~" 14145 · Jl_,D:\jy ~ I~ F_.AN j :kshargd'~j deankleg~k20079\t ce /' /' TOTAL AREA = 16,169+_ SF SKETCH SHOWIN~ "=500' .POB TEMPORABY CONSTRUCTION EASEMENTi SEC ,35, T- 12, R- 12-E, g & SRM PIMA COUNTY, ARIZONA '"' ' SIL IZERBELL ROAD\ BK 3 RM, PO 42 BK 25 RM, PO 35 BK 2 ROAD MAPS, PG 241 T DKT 7612, PO SOUTH .1/4 SEC 35-12-12 "'x 4625 E. FT. LOWELL RD. TUCSON, ARIZONA 85712 520-321-4625 SET 207 SHEET 1 OF 5 EEC A20079 Engineering and Environmental Consultants, Inc. ,.00"i \ SKETCH SHOWINC '" ,, TEMPORARY CONST UCT/ON £A$£M£NT SEC ,55, T- 12, R- 12- E, C & SR'M,,,, \ PIMA COUNTY, ARIZONA ,, 7"=50' k Engineering and Environmental Consultants, Inc. 4625 E. FT. LOWELL RD. TUCSON, ARIZONA 85712 520-321-4625 SET 207 SHEET 2 OF 5 EEC A20079 k X, SKETCH SHOWING TEMPORARY CONSTRUCTION EASEMENT SEC PIMA COUNTY, ARIZONA k P~. OPOSED ~ TERL INE $1L ~RB£LL. CENT£RLINE OF ' $1L VERBELL ROAD ~K J R'$, PC 42 Engineering and Environmental Consultants, Inc. 4625 E. FT. LOWELL RD. TUCSON, ARIZONA 85712 520-321-4625 SET 207 SHEET ~ OF 5 EEC A20079 DEN $1'hYERBELL BK x~ R$, PG '~"=60' / / / / SKETCH SHOWING TEMPORARY CONSTRUCTION EASEMENT SEC 35, T-12, R-12-E, C & S/EM PIMA COUNTY, A/EIZONA Engineering and Environmental Consultants, Inc. 4625 E. FT. LOWELL RD. TUCSON, ARIZONA 85712 520-321-4625 SET 207 Smr__~_ 1 # OF 5 EEC A20079 AREA "B" i07 -. / ,,, ,,, ...... -- SKETCH SHOWING TEMPORARY CONSTRUCTION EASEMENT SEC 55, T-12, R-12-E, G 8r SRM PIMA COUNTY, ARIZONA Engineering and Environmental Consu]tants, Inc. 4625 E. FT. LOWELL RD. TUCSON, ARIZONA 85712 520-321-4625 SET 207 SHEET 5 OF 5 EEC A20079 civil engineering environmental services flood control and drainage land surveying landscape architecture natural resources t~nspo~afion water and wastewater D~cember 4, 2002 EEC No. 20079 (Sets 186 & 187) DESCRIPTION OF PERS£aZqENT DRAINAGE EASEMENT (226-27-009H) That portion of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: CO/VLMENCING at the South One-Quarter (S 1/4) comer of said Section 35; THENCE N 89°52'16" E, along the South Line of the Southeast One-Quarter (SE 1/4)'of said Section 35, a distance of 7.85 feet (8.03 feet Record) to the centerline of SILVERBELL ROAD according to Book 3 of Record of SurYeys at Page 42, Pima County Recorder's Office, Pima County, Arizona; THENCE N 42°26'42'' W, along said centerline, a distance of 155.38 feet to "Point 6426"; TI-I~NCE N 24°01'16'' E 32.72 feet to the POINT OF BEGINNKNG on the Northeasterly rift-of-way line of said SILVERBELL ROAD; THENCE cominue N 24°01'16" E 122.61 feet; THENCE S 20°07'30" E 157.57 feet to a point of curvature of a tangent curve concave to the Northwest; THENCE Southerly and Southwesterly along the arc of said curve, to the rigJat, having a radius of 25.00 feet, and a central angle of 110°10'19'' for an arc distance of 48.07 feet to a point oftangency on a line 75.00 feet North of and parallel w4th the South Line of the Southwest One-Quarter (SW 1/4) of said Section 35; THENCE N 89°57'11" W, along said parallel line, a distance of 17.02 feet to the Northeasterly line of said SILVERBELL ROAD; TI-~NCE N 42026'42'' W, along said Northeasterly line, a distance of 94.25 feet to the POINT OF BEGINNING; TOGETHER WITH COMMENCING at said "Point 6426"; Engineering and Environmental Consultants, Inc. 4625 E. Fort Lowell Road · Tucson, Adzona 85712 Tek 520-321-4625 · Fax: 520-321-0333 www. eec-info, corn Exhibit D to Exchange Agreement/Part 1 December 4, 2002 EEC No. 20079 Permanent Drainage Easement 226-27-009H Page 2 THENCE N 42026'42'' W, along said centerline of SILVERBELL ROAD, a distance of 111.81 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Northwesterly, along said centerline of SILVERBELL ROAD, along the arc of said curve, to the right, having a radius of 716.20 feet, and a central angle of 31 °44'50" for an arc distance of 3 96.84 feet to a point of tangency; THENCE N 10041'52'' W, along said centerline of SILVER_BELL RO,~D, a distance of 351.66 feet; THENCE S 71°50'35'' E 34.25 feet to the POINT OF BEGI~7~ING on the Easterly right-of-way line of said SILVERBELL ROAD; THENCE N 10°41'52'' W, along said Easterly right-of-way line, a distance of 57.09 feet; THENCE S 71°50'35" E 4.34 feet; THENCE S 33034'06'' E 80.72 feet; THENCE N 71°50'35'' W 40.15 feet to the POINT OF BEGIhT~TNG; Both parcels together containing 10,911 square feet, more or less. Prepared by: ENGINEERING AND ENVIRONMENTAL CONSULTANTS, INC. JLD:\jy .j:kshared\jdeanklegalk20079\pennanent drainage ei 6-2 - C) ,--- o~ d civil engineering en vironmental services flood control and drainage land suw. eying landscape amhitecture natural resources transportation water and wastewater December 4, 2002 EEC No. 20079 (Sets 184 & 185) DESCRIPTION OF PERS£$2NENT DRAINAGE EASEMENT (226-33-009E) That.portion of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the South One-Quarter (S 1/4) comer of said Section 35; THENCE N 89°52'16" E, along the South Line of the Southeast One-Quarter (SE 1/4) of smd Section 35, a distance of 7.85 feet (8.03 feet Record) to the centerline of SILVERBELL ROAD according to Book 3 of Record of Surveys at Page 42, Pima County Recorder's Office, Pima County, Arizona; THENCE N 42°26'42'' W, along said centerline, a distance of 155.38 feet to "Point 6426"; THENCE S 24°01'16'' W 32.72 feet to the POINT OF BEGINNLNG on the Southwesterly rigjat-of-way line of said SILVERBELL ROAD; THENCE S 42026'42" E 13.15 feet to a line 75.00 feet North of and parallel w4th the South Line of the Southwest One-Quarter (SW 1/4) of said Section 35; THENCE N 89°57'11" W, along said parallel line, a distance of 13.20 feet; THENCE N 24°01'16" E 10.62 feet to the POINT OF BEGI2N~]2NG; TOGETHER WITH COMMENCING at said "Point 6426"; THENCE N 42°26'42" W, along said centerline of SILVERBELL ROAD, a distance of 111.81 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Northwesterly, along said centerline of S]-[.VERBELL ROAD, along the .arc of said curve, to the right, having a radius of 716.20 feet, and a central angle of 31°44'50'' for an arc distance of 396.84 feet to a point oftangency; Engineering and Environmental Consultants, Inc. 4625 E. For( Lowell Road · Tucson, Arizona 85712 Teh 520-321-4625 · Fax: 520-321-0333 www. eec-info, corn Exhibit D to Exchange Agreement/Part 2 December 4, 2002 EEC No. 20079 Permanent Drainage Easement Page 2 THENCE N 10o41'52'' W, along said centerline of SILVERBELL ROAD, 351.66 feet; THENCE N 71°50'35" W 34.25 feet to the POINT OF BEGIN~ING on the Westerly right-of-way line of said SILVERBELL ROAD; THENCE continue N 71°50'35" W 52.52 feet; THENCE S 75°47'57" W 89.68 feet; THENCE N 14°12'05" W 40.00 feet; TIL];ENCE N 75047'57'' E 119.97 feet; THENCE S 71°50'35" E 20.79 feet to said Westerly right-of-way line of SILVERBELL ROAD; THENCE S 10°41'52'' E, along said Westerly right-of-way line, a distance of 57.09 feet to the POINT OF BEGI2~rNE~'G; Both parcels together containing 6,090 sq .uare feet, more or less. Prepared by: ENGINEE~G AND ENVIRONMENTAL CONSULTANTS, INC. (--,0 I -FI / / 11 civil engineering environmental services flood control and drainage land surveying landscape amhitecture natural resource~ transportation water and wastewater Au=m~t 25, 2004 EEC No. 20079 Set 222 DESCRIP~ON OF SILVERBELL ROAD TO BE ABANDONED That portion of Section 35, Township.12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COM/viENCING at the South One-Quarter (S 1/4) comer of said Section 35; THENCE N 89°52'16'' E, along the South Line of the Southeast One-Quarter (SE 1/4) of said Section 35, a distance of 7.85 feet (8.03 feet Record) to the centerline of SII,VERBELL ROAD according to Book 3 of Record of Surveys at Page 42, Pima County Recorder's Office, Pima County, Arizona; THENCE N 42026'42" W, along said centerline, a distance of 101.68 feet to the POINT OF BEGINNING on a line 75.00 feet North of and parallel with the South Line of the Southwest One-Quarter (SW 1/4) of said Section 35; THENCE N 89°57'11" W, along said parallel line,' a distance of 40.69 feet to the Westerly righ. t-of-way line of said SILVER_BELL ROAD; THENCE N 42026'42'' W, along said right-of-way line, a distance of 138.03 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Northwesterly, along said right-of-way line, along the arc of said curve, to the right, having a radius of 746.20 feet, with. a chord of N 26°34'17'' W 408.20 feet, and a central anne. of 31°44'50'' for an arc distance of 413.46 feet to a point oftangency; THENCE N 10041'52'' W, along said right-of-way line, a distance of 470.07 feet to a point of curvatur~ of a tangent curve concave to the West; THENCE Northerly, along said right-of-way line, along the arc of said curve, to the left, having a radius of 924.93 feet, with a chord of N 13009'36'' W 79.47 feet, mad a central, an~e of 04°55'28'' for an arc distance of 79.49 feet to a non-tangent line; THENCE S 33034'05'' E 163.17 feet to the Easterly right-of-way line of said · 'SILVERBELL ROAD; Exhibit E to Exchange Agreement Engineering and Environmental Consultants, Inc. --ort Lowell Road · Tucson, Arizona 85712 ' ~'eh 5~0-32~--4625 · Fax: 520-321-0333 www. eec-info, com August 25, 2004 EEC No. 20079 Silverbell to be abandoned Set 222 Page 2 THENCE S 10o41'52.' E, along said right-of-way Line, a distance of 399.13 feet to a point of curvature of a tangent curve concave to the Northeast; ~CE Southeasterly, along said right-of-way line, along the arc of said curve, to the left, having a radius of 686.20 feet, with a chord of S 26°34'17" E 375.37 feet, and a central angle of 3 l°44'50" for an arc distance of 3.80.22 feet to a point of tangency; THENCE S 42026'42" E, along said right-of-way line, a distance of 192.99 feet to a line 75.00 feet North of and parallel with said South L/ne of the Southwest One-Quarter (SW 1/4); THENCE N 89°57'11" W, along said parallel line, a distance of 40.69 feet to the POINT OF BEGINNING; Cont;~ining 62,033 square feet, more or less. Prepared by: ENG~ER~G AND ENVIRONMENTAL CONSULTANTS, INC. James L. Dean, R.L.S. JLD:\jy ]:kshatcdksnzrvcy\jdeank20079ksilvcrbell to be abandoned bJ oo Z Ld Z ~_ civil engineering environmental services flood control and drainage land surveying landscape architecture natural resources transportation water and wastewater August 25, 2004 EEC No. 20079 Set 223 & 224 DESCRIPTION OF PERMANENT DRAINAGE EASEMENT ACROSS ABA.,NDONED SILVERBELL ROAD That portion of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizong, described as follows: COMM2ENCING at the South One-Quarter (S 1/4) comer of said Section 35; THENCE N 89°52'16" E, along the South Line of the Southeast One-Quarter (SE 1/4) of said Section 35, a distance of 7.85 feet (8.03 feet Record) to the cemerline of SILVERBELL ROAD according to Book 3 of Record of Surveys at Page 42, Pima County Recorder's Office, Pima County, Arizona; THENCE N 42026'42'' W, along said centerline, a distance of 155.38 feet to the POINT OF BEGINNING, said point being known as "Point 6426"; THENCE N 24°01'16" E 32.72 feet to the Easterly right-of-way line of said SILVERBELL ROAD; TH2ENCE S 42°26'42'' E~ along said right-of-way line, a distance of 94.25 feet to a line 75.00 feet North of and parallel .with the South Line of the Southwest One-'Quarter (SW 1/4) of said Section 35; THENCE N 89°57'11" W,. along said parallel line, a distance of 81.37 feet to the ~Vesterly right-of-way line of said SILVER_BELL ROAD; THENCE N 42°26'42" W, along ~aid right-of-way line, a distance of 13.15 feet; THENCE N 24°01'16'' E 32.72 feet to the POINT OF BEGihqNING; TO GETH-ER ~rlTH That portion of said Section 35, described as follows: coM34ENCING at said "Point 6424"; Engineering and Environmental Consultants/Inc. 4625 E. Fort Lowell Road · Tucson, Arizona 85712 Tek 520-321-4625 · Fax: 520-32%0333 www. eec-info, com Exhibit F to Exchange Agreement August 25, 2004 EEC No. 20079 Permanent Drainage Easement abandoned Sets 223 & 224 Page 2 THENCE N 42°26'42" W, along said centerline of SILVERBELL ROAD, a distance of 111.81 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Northwesterly, along said centerline, along the arc of said curve, to the right, having a radius of 716.20 feet, with a chord of N 26°34'17'' W 391.78 feet, and a central angle of 31 °44'50" for an arc distance of 396.84 feet to a point of tangency; THENCE N 10°41'52" W, along said centerline, a distance of 351.66 feet to the POINT OF BEGIhq~NG; TI-IENCE N 71o50'35'. W 34.25 feet to the Westerly right-of-way line of said SILVER_BELL ROAD; THENCE N 10°41'52" W, along said right-of-way line, a distance of 57.09 feet; THENCE S 71o50'35'' E 68.51 feet to the Easterly right-of-way ~line of said SILVERBELL ROAD; THENCE S 10°41'52" E, along said right-of-way line, a distance Of 57.09 feet; TI-IENCE N 71050'35'' W 34.25 feet to the POINT OF BEGINNING; Both parcels together containing 6,647 square feet, more or less. Prepared by: ENGINEERING A_ND ENVIRON1VIENTAL CONSULTANTS, INC. 0 I 0 II © / × //~ //' / / / L.~ When Recorded Mail To: Town of Marm~a Public Works Department 13251 N. Lon Adams Road Marana, AZ 85653 SPECIAL WARRANTY DEED FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, DCK INVESTMENTS, INC., an Arizona corporation, hereby grants and conveys to TOWN OF MARANA, a political subdivision of the State of Arizona, all of its right, title and interest in and to those parcels of real property situated in the County of Pima, State of Arizona, more particularly described on Exhibit A attached hereto. Grantor hereby represents, warrants and covenants to grantee that the property conveyed hereby is free and clear of all liens and encumbrances. DCK INVESTMENTS, INC., an Arizona corporation By: Douglas C. Kennedy, President Exhibit G to Exchange Agreement Approved by the Director of Public Works/ Town Engineer of the Town of Marana Accepted by the Town Manager Town of Marana Michael A. Reuwsaat, Town Manager __ day of A-ugust, 2004 __ day of'Adgus{, 2004 Attest: Jocelyn Bronson, Town Clerk 2 STATE OF ARIZONA County of Pima SUBSCRIBED AND SWORN before me, the undersigned notary public, this __ day of ~, 2004, by Douglas Kennedy, President of DCK INVESTMENTS, INC. My Commission Expires: Notary Public 3 When Recorded Mail To: Town of Marana Public Works Department 13251 N. Lon Adams Road Marana, AZ 85653 TEMPORARY CONSTRUCTION EASEMENT DCK PROPERTIES, INC., an Arizona corporation ("Grantor"), for the consideration of One Dollar and other good and valuable consideration, hereby grants to the TOWN OF MARANA by an through its Public Works Department ("Grantee"), an easement for use by Grantee and its agents and contractors under the direction of the State of Arizona, for purpose of access, archaeological survey and archaeological data recovery for the construction and/or re- construction of Silverbell Road across that certain parcel of real property situated in Pima County, Arizona, more particularly described on Exhibit C attached hereto. Grantee hereby agrees to be responsible for, and shall indemnify and hold harmless the Grantor and its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns, shareholders, partners, employees, insurance companies and attorneys, from any event or incident occurring on the property described on Exhibit C during the term of this Easement caused by the negligent use of such property by the Grantee and its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns, contractors, employees, insurance companies and attorneys, or by the negligent acts or conduct of Grantee and its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns, contractors, employees, insurance companies and attorneys. It is further understood and agreed that this Easement as to Silverbell Road shall expire and terminate thirty (30) days after the completion of the construction and/or re-reconstruction of Silverbell Road and that the Easement with respect to Exhibit H to Exchange Agreement {00000311.DOC/} 1 Ina Road shall and/or re-reconstruction of Ina Road. expire and terminate thirty (30) days after the completion of the construction IN WITNESS WHEREOF, this instrument is executed this day of ,2004. DCK PROPERTIES, INC., an Arizona corporation Douglas C. Kennedy, President by¸ TOWN OF MARANA, a municipal corporation of the State of Arizona by Michael A. Reuwsaat, Town Manager Approved by the Director of Public Works/Town Engineer of the Town of Marana __day of ,2004 Attest: Jocelyn Bronson, Town Clerk STATE OF ARIZONA ) ) SS: County of Pima ) The foregoing instrument was acknowledged before me this __ day of ., 2004, by DOUGLAS C. KENNEDY, President of DCK PROPERTIES, INC., an Arizona corporation. My Commission Expires: Notary Public {00000311.DOC/} 2 STATE OF ARIZONA ) ) SS: County of Pima ) The foregoing instrument was acknowledged before me this MICHAEL A. REUWSAAT, Town Manager of the TOWN corporation of the State of Arizona. day of OF MARANA, a ,2O04, by municipal My Commission Expires: Notary Public {00000311 .DOC/} 3 When Recorded Mail To: Town of Marana Public Works Department 13251 N. Lon Adams Road Marana, AZ 85653 DRAINAGE EASEMENT KNOWN ALL MEN BY THESE PRESENTS: DCK PROPERTIES, INC., an Arizona corporation ("Grantor"), hereby grants unto the TOWN OF MARANA, a political subdivision of the State of Arizona ("Grantee"), for the consideration of One Dollar and other good and valuable consideration, a Drainage Easement over that certain parcel of real property situated in Pima County, Arizona, more particularly described on Exhibit D-1 attached hereto and Grantor does w arrant t he title against a 11 persons whomsoever, subject t o t he matters s et forth below. Grantor hereby grants unto Grantee, for the consideration of One Dollar and other good and valuable consideration, a Drainage Easement over that certain parcel of real property situated in Pima County, Arizona, more particularly described on Exhibit D-2 attached hereto and Grantor does w arrant t he title against a 11 persons whomsoever, subject t o t he matters s et forth below. These Easements are granted on the following terms and conditions: 1. These Easements are subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. 2. Grantee hereby agrees to be responsible for, and shall indemnify and hold harmless the Grantor and its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns, shareholders, partners, employees, insurance companies and attorneys, from any event or incident occurring on the parcels of real property described on Exhibit D-1 and Exhibit D-2 during the term of these Easements caused by the negligent use of such property by Grantee and its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns, contractors, employees, insurance companies and attorneys, or by the negligent acts or conduct of Grantee Exhibit I to Exchange Agreement {00000312.DOC/} 1 and its agents, representatives, affiliates, successors, trustees, beneficiaries, assigns, contractors, employees, insurance companies and attorneys. IN WITNESS WHEREOF, this instrument is executed this __ 2004. DCK PROPERTIES, 1NC., an Arizona corporation by Douglas C. Kennedy, President day of TOWN OF MARANA, a municipal corporation of the State of Arizona by Michael A. Reuwsaat, Town Manager Approved by the Director of Public Works/Town Engineer of the Town of Marana __ day of Attest: ,2004 Jocelyn Bronson, Town Clerk {00000312.DOC/} 2 STATE OF ARIZONA ) ) SS: County of Pima ) The foregoing instrument was acknowledged before me this __ day of ,2004, by DOUGLAS C. KENNEDY, President of DCK PROPERTIES, INC., an Arizona corporation. Notary Public My Commission Expires: * * * * * * * * STATE OF ARIZONA ) ) SS: County of Pima ) The foregoing instrument was acknowledged before me this __ MICHAEL A. REUWSAAT, Town Manager of the TOWN corporation of the State of Arizona. day of OF MARANA, ,2004, by a municipal My Commission Expires: Notary Public {00000312.DOC/} 3 DEED OF ABANDONMENT The Town of Marana, an Arizona municipal corporation, hereby exchanges and abandons in favor of DCK INVESTMENTS, INC., an Arizona corporation, pursuant to A.R.S. § 9-407, A.R.S. § 28-7201, et seq., and Town of Marana Ordinance No. 2004.21, the following described real property situated in Pima County, Arizona. SEE LEGAL DESCRIPTION AFl'ACHED TO THIS INSTRUMENT AS EXHIBIT E AND INCORPORATED HERE BY THIS REFERENCE RESERVING a permanent drainage easement over the following described real property: SEE LEGAL DESCRIPTION ATTACHED TO THIS INSTRUMENT AS EXHIBIT F AND INCORPORATED HERE BY THIS REFERENCE FURTHER RESERVING an easement pursuant to A.R.S. § 28-7210 for the following as they existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and appurtenances, (b)canals, laterals or ditches and appurtenances and (c) electric, telephone and similar lines and appurtenances. FURTHER RESERVING, pursuant to A.R.S. § 28-7215 (A), rights of ingress and egress for public or emergency vehicles, all property owners, property owner guests and invitees and persons lawfully conducting business on the land over any portion of the abandoned property if and to the extent any land adjoining the abandoned roadway is left without a public or private legal access connecting the land with an established public roadway. Dated ,200m. TOWN OF MARANA, ARIZONA A'FI'EST: Bobby Sutton, Jr., Mayor APPROVED AS TO FORM; Jocelyn C. Bronson, Town Clerk STATE OF ARIZONA ) County of Pima ) ss. This instrument was acknowledged before me on Mayor, on behalf of the Town of Marana. Frank Cassidy, Town Attorney ,200_, by Bobby Sutton, Jr., My Commission Expires: Notary Public (EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. § 11-1134 (A) (3).) {00000255.DOC/} Exhibit J to Exchange Agreement TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 4 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2004-152: Relating to Development; approving and authorizing the Mayor to execute a Drainage Facility and Wa- terway Agreement with Union Pacific Railroad Company to facili- tate construction of a drainage facility for the benefit of the San Lucas Development. DISCUSSION This is a drainage agreement with Union Pacific Railroad Company to facilitate construction of drainage improvements for the benefit of the San Lucas development. The Developer of San Lucas is obligated to pay all costs for these improvements. ATTACHMENTS Drainage agreement and site map. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-152, approving and authorizing the Mayor to execute a drainage facility and waterway agreement with Union Pacific Railroad Company. SUGGESTED MOTION I move to adopt Resolution No. 2004-152. {O000031$.DOC /} FJC/cds 10/26/04 MARANA RESOLUTION NO. 2004-152 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DRAINAGE FACILITY AND WATERWAY AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY TO FACILITATE CONSTRUCTION OF A DRAINAGE FACILITY FOR THE BENEFIT OF THE SAN LUCAS DEVELOPMENT. WHEREAS, certain drainage improvements are required to be constructed across Union Pacific Railroad Company's right-of-way for the benefit of the San Lucas development; and WHEREAS, the Developer of San Lucas is responsible for the cost to construct drainage improvements that benefit San Lucas; and WHEREAS, the Union Pacific Railroad Company requires the Town to execute a formal drainage agreement to facilitate construction of the drainage facilities; 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 agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Drainage Facility and Waterway Agreement between the Town of Marana and the Union Pacific Railroad Company, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved. The Mayor is hereby authorized to execute said Exhibit A, and the Town Clerk is hereby authorized to attest thereto, for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of November, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000314.DO0/} FJC/cds 10/26/04 UPRR Folder No. 2227-89 DRAINAGE FACILITY & WATERWAY AGREEMENT BETWEEN THE ' UNION~PACIFIC RAILROAD COMPANY DRAIN.DOC 920301 UPRR Folder No.: 2227-89 Form Approved, AVP-Law DRAINAGE FACILITY & WATERWAY AGREEMENT Mile Post: 961.66, Gila Subdivision Location: Marana, Pima County, Arizona THIS AGREEMENT is made and entered into as of the day of ,200 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the Licensor) and the TOVqN OF MARANA, a municipal corporation of the State of Arizona, to be addressed at 3696 West Orange Road, Marana, AZ 85741 (hereinafter the Licensee). RECITALS: In order to improve drainage conditions the Licensee desires to construct a drainage facility in the vicinity of Licensor's fight-of-way at Mile Post 961.66 on the Gila Subdivision, located at or near Marana, Pima County, Arizona, (hereinafter the "Premises"). The drainage facilities to be constructed by the Licensee, at Licensee's expense, on the Premises are hereinafter collectively referred to as the "Drainage Facility". The Drainage Facility and Premises are shown on the prints and legal description collectively marked Exhibit A, hereto attached. The Railroad is agreeable to the Licensee constructing, maintaining and using the Drainage Facility upon the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE 1 - LICENSOR GRANTS RIGHT In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and use the Drainage Facility. ARTICLE 2 - LICENSEE FEE Upon the execution and delivery of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of TWO THOUSAND ONE HUNDRED SEVENTY-SIX DOLLARS ($2,176.00). ARTICLE 3 - CONSTRUCTION WORK TO BE PERFORMED BY LICENSEE The Licensee, at its sole expense, shall construct the Drainage Facility and perform the work described in the Recitals above and/or described in Exhibit A. ARTICLE 4 - IF WORK IS TO BE PERFORMED BY CONTRACTOR If a contractor is to do any of the work performed on the Drainage Facility (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's form Contractor's Right of Entry Agreement attached hereto as Exhibit C and hereby made a part hereof. Licensee acknowledges receipt of a copy of Contractoffs Right of Entry A~eement and understanding its term, 2227-89 Town of Marana, AZ Articles of Agreement Page 1 of 4 revised September 30, 2004 DRAIN.DOC 920301 UPRR Folder No.: 2227-89 Form Approved, AVP-Law provisions and requirements, 3_nd will inform its con,actor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. ARTICLE 5 - CONSTRUCTION~ MAINTENANCE AND OPERATION The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. ARTICLE 6 - DEFERRED CONSTRUCTION The Licensor and Licensee acknowledge that conditions inherent in the Drainage Facility may cause the complete stabilization of Licensofs trackage supported by new cuts or fills to be deferred beyond the construction period, and that Licensor's operation over the roadbed during the seasoning period will impose extraordinary maintenance costs in the event of caving, sliding, slipping, sinking or settling, including damage to rip-rapping or protective work in connection therewith, as well as settlement and consolidation of tracks and ballast, until the seasoning period is complete. Therefore, the Licensee will pay to the Licensor, as a part of the consideration for this Agreement, all that part of the cost and expense of extraordinary maintenance (hereinafter referred to as "Deferred Construction") associated with the Drainage Facility which can be attributed to failure of subgrade, settlement, and consolidation of subballast, or roadbed, or any combination thereof, which are incurred during the period commencing immediately following completion of the work on the Drainage Facility by the Licensee or its contractor and ending five years thereafter. The Deferred Construction costs aforesaid shall include reimbursement of the extra cost, in excess of normal maintenance costs, of maintaining embankments and that portion of said tracks above subgrade in accordance with acceptable maintenance standards, and will include cost of maintaining proper alignment, proper surface and use of ballast and other necessary materials. The work of such Deferred Construction shall normally be performed by the Licensor either with its own forces or through responsible contractors employed by Licensor. In the event major constmction is required for Deferred Construction, the Licensee, at its expense, may accomplish such major items by contract, subject to approval and inspection by the Licensor. Except in cases where the continuity of train service is involved or threatened, the Licensor shall submit to the Licensee plans, specifications and estimates for such Deferred Construction work and shall not commence such work until the plans, specifications, and estimates for such work have been approved by the Licensee. The Licensor shall furnish to the Licensee quarterly estimates of costs of Deferred Construction thirty (30) days prior to the beginning of each quarter. The Licensee shall reimburse the Licensor, as provided herein, upon receipt of properly certified invoices, in quadruplicate, supported by such reasonable evidence as may be required by the Licensee. The Licensor will accomplish the final work of Deferred Construction within one year after termination of the five-year period above defined. Bills for reimbursement shall be rendered by the Licensor at intervals not more frequently than monthly and not less fi'equently than quarterly. ARTICLE 7 - TERM; TERMINATION (a) This Agreement shall take effect as of the date fa'st herein written and, unless sooner terminated as set forth in Paragraphs (b) and (c) below, shall continue in full force and effect for so long as the Premises and Drainage Facility shall be used by the Licensee for the purposes set forth herein; provided, however, that if the Licensee shall abandon the use of the Drainage Facility and Premises, or any part thereof, for such purposes, this Agreement and the rights and privileges granted to Licensee herein as to the portion(s) so abandoned shall cease and terminate at the time such portions of the Drainage Facility and Premises are abandoned. (b) If the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith and immediately terminate this Agreement by written notice to Licensee. (c) This Agreement may be terminated by either party, with or without cause, upon six (6) months written notice to the other party. In the event of such notice of termination, the parties shall arrange for either the Drainage Facility to be removed, filled in and graded to accommodate the surrounding grade surface, or to encase the Drainage Facility to the standards and satisfaction of the Licensor. 2227-89 Town of Marana, AZ Articles of Agreement Page 2 of 4 revised September 30, 2004 DRAIN.DOC 920301 UPRR Folder No.: 2227-89 Form Approved, AVP-Law (d) Notice of default and-notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have h)isen prior thereto. ARTICLE 8 - INSURANCE (a) The Licensee, at its expense, shall obtain the insurance described in Exhibit B-l, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance issued by its insurance carrier cord'ming the existence of such insurance and that the policy or policies contain the following endorsement: Union Pacific Raikoad Company is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the Drainage Facility located on Raikoad's right of way. (b) If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor. (c) All insurance correspondence shall be directed to: UPRR Folder No.: 2227-89 Senior Manager Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Slxeet MS1690 Omaha, Nebraska 68179-1690 ARTICLE 9 - SPECIAL PROVISIONS None. 2227-89 Town of Marana, AZ Articles of Agreement Page 3 of 4 revised September 30, 2004 DRAIN.DOC 920301 UPRR Folder No.: 2227-89 Form Approved, AVP-Law IN WITNESS WHEREOF, the parties hereto h~ave caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By PAUL G. FARRELL Senior Manager Contracts WITNESS: TOWN OF MARANA X TOWN MAYOR APPROVED A~ ,TO FORM: 7F/i$,ANK C~ASSID/Y / Town Attomo~j 2227-89 Town of M~xana, AZ Articles of Agreement Page 4 of 4 revised September 30, 2004 LOCATION OF A SLOPE AND DRAINAGE EASEMENT CONSTRUCTION PROJECT W YJRBY HUGHES RD 3AOEBRUSH RD Z Gila Subd~v~on ~ 961.66 - Gila Subdivision Trico Marana Road - DOT #922399X New Slope & Drainage Easement Conslruction Project ICO MARANA RD '~/GRIER RD BARNETT RD '" n- 03 LU Z O3 ~1/TRICO MARANA RD WAMOLE .Marana Sheriffs Office 'IVlarana Post Office GLADDEN i/AVRA o W BARNETT RD BARN RAILROAD WORK TO BE PERFORMED: 1. Flagging EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY GILA SUBDIVISION MILE POST 961.66 GPS: N 32° 27.765', W 111° 12.932' near MARANA, PIMA CO., AZ. Illustrative print showing location of a new slope and drainage easement construction project with the TOWN OF MARANA. Folder No. 2227-89 Date: September 30, 2004 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 14800) 336-9193 Exhibit A To Drainage Agreement 200' R/W NW COR. SECTION 22, ~ TFD 2" BCSM STAMPED "C.F. TURNER C.E. NO. 1732 N 00'25'32" W 316.76' W 1/4 COR. SECTION 22, FD 3" ADOT BC 3g'48'27" E 42.00' S 50'11'33" E 50.00' .... ~~.~&___N 39 48 27 £ ~o'~xx . 'X, xx SCALE: 1" - 60' EXHIBIT "B" DRAINAGE EASEMENT A PORTION OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY SITUATED IN THE NW 1/4 OF SEC. 22, T-Ii-S, R-11-E GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA ,98072-060 ADOT_RR_ESMT DATE: 10/09/03 · DRAWN BY: PFM Octol~er 9, 2003 MMLA # 98072-06D EXHIBIT "A"' LEGAl. DESCR! PTION DRAINAGE'EASEMENT A portion of the Southern Pacific Railroad Right-of-Way. Situated in the Northwest one-quarter of SectiOn 22, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the West one-quarter comer of said Section 22; THENCE N 00025'32TM W upon the west line ofsaid Section 22 a distance of 316.76 feet; THENCE N 39042'42" E a distance of 539.24 feet to the southwesterly right-of-way line of the Southern Pacific Railroad, being coincident with the northeasterly right-of-way line of Interstate Highway 10; THENCE S 50°11 '33" E upon said right-of-way, a distance of 143.79 feet to the POINT OF BEGINNING; THENCE continue S 50°11'33" E upon said right-of-way, a distance of 50.00 feet; - THENCE N 39048'27" E a distance of 42.00 feet; THENCE N 50°I 1 '33" W a distance of 50.00 feet; THENCE S 39°48'27'' W a distance of 42.00 feet to the POINT OF BEGINNING. Containing an area of 2100 sq~ fl., more or less. See attached Exhibit "B" Prepared by: MMLA, Inc. ; GOME2 Ernest Gomez, AZ. R.L.S. 27739 V-ADOT-dmg-esmt. rtf - 1- Drainage ExB 920301 Form Approved, AVP-Law EXHIBIT B TO DRAINAGE FACILITY & WATERWAY AGREEMENT TERMS AND CONDITIONS Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. a) The foregoing grant of dght is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. a) The Licensee shall submit the design of the Drainage Facility to the Licensor for Licensor's prior approval. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Drainage Facility shall be done to the satisfaction of the Licensor and in substantial conformance to the specifications, notes and cross sections shown on Exhibit A. b) The Licensee, at its sole expense, shall operate, maintain and use the Drainage Facility in a good and safe condition and shall keep the Drainage Facility free and clear of debds, sediment or obstructive matter which may or could interfere with or impede the proper functioning of the Drainage Facility. c) The Licensee shall not cross any trackage of Licensor with any vehicles except at existing, open public crossings. The Drainage Facility shall be installed by an approved method of construction, or if by the jacking and boring method, during jacking operations, the Licensee agrees to fill voids created between the embankment and pipe by pressure grouting. The Licensee shall provide adequate barrier protection around the entire excavation area. d) Dudng the performance of excavating, constructing and maintaining the Drainage Facility, or any part thereof, the Licensee shall not excavate near the toe of the track embankment of the trackbed and will protect the trackbed in the design, construction and maintenance of the Drainage Facility. In the event of any settlement of the Licensor's embankment caused by excavation of the Drainage Facility, the Licensee, at its sole expense, shall restore Licensor's embankment to its proper grade and dimensions. e) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Drainage Facility where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shodng and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President-Engineering Services or his authorized representative. The Licensor shall have the dght, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Drainage Facility, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Drainage Facility. All such work shall be prosecuted diligently to completion. Drainage ExB 920301 Page 1 of 3 Exhibit B Form Approved, AVP-Law To Drainage Agreement Drainage ExB 920301 Form Approved, AVP-Law SeC:ion 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the e~ntire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Drainage Facility, including any and all expense which may be incurred by the Licensor in connection therewith for inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF DRAINAGE FACILITY. a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce or encase the Drainage Facility, or move all or any portion of the Drainage Facility to such new location, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. b) All the terms, conditions and stipulations herein expressed with reference to the Drainage Facility on property of the Licensor in the location hereinbefore described shall, so far as the Drainage Facility remains on the property, apply to the Drainage Facility as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Drainage Facility and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable Iocator, make arrangements for relocation or other protection of the fiber optic cable, and will commence no work on the right of way until all such protection or relocation has been accomplished. b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Licensor's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property. Licensee shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Drainage Facility, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Drainage Facility, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Drainage Facility or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Drainage ExB 920301 Page 2 of 3 Exhibit B Form Approved, AVP-Law To Drainage Agreement Drainage ExB 920301 Form Approved, AVP-Law Se(.:;on 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Drainage Facility, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or adses from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. a) As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and (b) damage to or loss or destruction of property whatsoever (including Licensee's property and adjacent property and crops, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). b) To the extent it may lawfully do so, the Licensee agrees to assume the dsk of loss or damage to the Drainage Facility and to indemnify and hold harmless the Licensor from any Loss which is due to or arises from (i)the installation, construction, maintenance, repair, reconstruction, removal, use or existence of the Drainage Facility and appurtenances thereto, or any part thereof, including any break in the Drainage Facility wall or structure or any leakage, flow of water or flooding from the Drainage Facility, or (ii) Licensee's failure to comply with or perform any of the terms and conditions set forth in this Agreement, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor, provided, however, that the foregoing indemnification provisions shall not apply to any claims, damages, costs and expenses that have been fully compensated for through the insurance required of Licensee in Exhibit B-l, or required of Licensee's contractor under the separate Contractor's Right of Entry Agreement. c) Any liability of either party hereunder to one of its employees under any Workers' Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall any jury or court findings, resulting from any employee's suit against either party pursuant to any such Act(s), be relied upon or used by either party in any attempt to assert common law liability against the other. Section 11. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the dght of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 12. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any dghts herein granted, without the wdtten consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in wdting, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 13. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 12 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Drainage ExB 920301 Page 3 of 3 Exhibit B Form Approved, AVP-Law To Drainage Agreement Drainage ExB-1 920301 Form Approved, AVP-Law EXHIBIT B-1 TO DRAINAGE FACILITY AND WATERWAY INSURANCE REQUIREMENTS The Licensee, at its own sole cost and expense, shall procure the insurance described in paragraphs A, B and C below and shall keep such insurance in force and effect dudng the life of this Agreement. The Licensee (or its contractor), at the sole cost and expense of the Licensee or its contractor, shall keep the Railroad Protective Insurance described in Paragraph D below in force and effect dudng the duration of any construction or major maintenance, repair, reconstruction, relocation or removal work involving the Drainage Facility. General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and a general aggregate limit of at least $4,000,000. This insurance shall provide Broad Form Contractual Liability covedng the indemnity provisions contained in this Agreement, Underground Hazard, Products-Completed Operations with products-completed operation aggregate of at least $2,000,000, a separate general aggregate for the project (ISO Form CG 25 03 or equivalent), Broad Form Property Damage, a waiver of governmental immunity (ISO Form CG 25 04 or equivalent) severability of interests and name Licensor as an additional insured with respect to all liabilities adsing out of Licensee's obligation to Licensor in the Agreement. Coverage purchased on a claims made form shall provide for at least a three (3) year extended reporting or discovery pedod if (a) the coverage is changed from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive date is different from the expidng policy. Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non-owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Licensor as an additional insured with respect to all liabilities adsing out of Licensee's obligation to Licensor in the Agreement. Worker's Compensation insurance covedng the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability. Also compliance with all laws of states which require participation in their state workers' compensation fund. Do Railroad Protective Liability insurance naming Licensor and any railroad operating over its tracks as insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be AAR-AASHTO with broad form coverage for "Physical Damage to Property" (ISO Form GL 00 30) or as revised ISO-RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 31 or equivalent). If the Lloyd's London policy form is used, limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the odginal policy pedod plus one year to the policy expiration date. The Licensee hereby waives its dght to subrogation, as respects the above insurance policy(ies), against Licensor for payments made to or on behalf of employees of Licensee or its agents and for loss of its owned or leased property or property under its care, custody and control while on or near Licensor's right-of-way or other real property. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. Licensee shall furnish to Licensor certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall notify Licensor in writing of any material alteration including any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Licensor or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. Drainage ExB-1 920301 Page 1 of I Exhibit B-I Form Approved, AVP-Law To Drainage Agreement UPRR Folder No.: 2227-89 To the Contractor: Before the Railroad Company can permit you to perform work on its right of way for the installation of a drainage facility on the Railroad's right of way, for the Town of Marana, it will be necessary to complete the enclosed Contractor's Right of Entry Agreement as follows: Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement. If a corporation, give the state of incorporation If a parmership, give the names of all partners. 2. Fill in the date construction will begin and be completed in Article 5, Paragraph A. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractors Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. Return all copies of the Contractor's Right of Entry Agreement together with your Certificate of Insurance as required in Exhibit B-1, in the attached, self-addressed envelope. Check made payable to the Union Pacific Railroad Company in the amount of $500.00. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. After approval of the Contractor's Right of Entry Agreement and the Insurance Certificate, your fully-executed document will be returned to you, with instructions to proceed. In no event should you begin work until you have received a copy of the signed Contractor's Right of Entry Agreement. Under Exhibit C of the enclosed Contractor's Right of Entry, you are required to procure Railroad Protective Liability Insurance (RPLI) for the duration of this project. As a service to you, Union Pacific is making this coverage available to you. If you decide that acquiring this coverage from the Railroad is of benefit to you, please contact Ms. Nancy Savage at (402) 544-2215. Yours truly, Senior Manager Contracts Phone: (402) 544-8620 E-Mail: pgfarrell~up, com Real Estate UNION PACIFIC RAILROAD 1400 Douglas Street, Stop 1690 Omaha, Nebraska 68179-1690 £x. (402) 501-0340 Exhibit C To Drainage Agreement DRAINCRE. DOC 920301 UPRR Folder No.: 2227-89 Form Approved, AVP-Law DRAINAGE AND wA, TERWAY FACILITIES CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of _, 200 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"); and , a(n). (State of lncorporation) RECITALS: (Name of Contractor) corporation (hereinafter the "Contractor"). The Contractor has been employed by the Town of Marana for the construction (hereinafter "work") of a drainage facility on property of the Railroad at Mile Post 961.66 on the Gila Subdivision at or near Marana, Pima Cotmty, Arizona, as shown on the print dated , marked Exhibit A, hereto attached. (Date of Basic Agreement) The Contractor has requested the Railroad to permit it to perform the work and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTEDI PURPOSE The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property of the Railroad at the heretofore mentioned Location, as shown on the Exhibit A print for the purpose heretofore stated. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically described herein, or designated by the Railroad representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A~ B~ C AND D. The terms and conditions contained in Exhibit A, Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this agreement. ARTICLE 4 - ADMINISTRATIVE FEE Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement. ARTICLE 5 - ALL EXPENSES TO BE BORNE BY CONTRACTORI RAILROAD REPRESENTATIVE The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, 2227-89 Town of Marana, AZ Articles of Agreement Exhibit C Page 1 of 3 To Drainage Agreement DRAINCRE.DOC 920301 UPRR Folder No.: 2227-89 Form Approved, AVP-Law or any costs or expenses incur?ed by the Railroad relatihg to this agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the respective local Superintendent of Tran. sportation Services of the Railroad or his authorized representative (hereinafter the Raikoad Representative). ARTICLE 6 - TERM; TERMINATION (a) The grant of right herein made to Contractor shall commence on the date herein written, and continue until , unless sooner terminated as herein provided, or at such time as Contractor has (Expiration Date) completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. (b) This agreement may be terminated by either party, with or without cause, on ten (10) days' written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE (a) Before commencing any work, the Contractor will provide the Raikoad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit C of this agreement in a policy which contains the following type of endorsement: Union Pacific Railroad Company is named as additional insured with respect to all liabilities arising out of Insured's, as Contractor, performance of any work on the property of the Raikoad. (b) Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. (c) All insurance correspondence shall be directed to: UPRR Folder No.:2227-89 Union Pacific Railroad Company Senior Manager Contracts 1400 Douglas Street, MS 1690 Omaha, Nebraska 68179-1690 ARTICLE 8 - CHOICE OF FORUM Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska and Arizona only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. ARTICLE 9 - SPECIAL PROVISIONS None. 2227-89 Town of Marana, AZ Articles of Agreement Exhibit C Page 2 of 3 To Drainage Agreement DRAINCRE. DOC 920301 UPRR Folder No.: 2227-89 Form Approved, AVP-Law IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By. PAUL G. FARRELL Senior Manager Contracts WITNESS: (Name of Contracting Company) X Title: 2227-89 Town of Marana, AZ Articles of Agreement Exhibit C Page 3 of 3 To Drainage Agreement ! LOCATION PRINT FOR A CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Iixlew Slope & Drainage Easement .... TORTOLiTA MOl lCD blARANA RD W TRICO MARANA I~D." GL~DB I~mna Post Office ~' IZ:'~.. ..... W BARNETTIRD ",, 'ul/AMOLE 'IA/BARNE RAILROAD WORK TO BE PERFORMED: 1. Flagging EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY GILA SUBDIVISION MILE POST 961.66 GPS: N 32° 27.765', W 111 o 12.932' near MARANA, PIMA CO., AZ. To accompany a Contractor's Right of Entry Agreement with the TOWN OF MARANA covering the construction of a drainage ditch along the Railroad's right of way. Folder No. 2227-89 Date: September 30, 2004 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF F1BER OPTIC CABLE· PHONE: I-(800) 336-9193 Exhibit A To Contractor's Right of Entry Agreement CROE ExB 7/30101 Form Approved, AVP-Law EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT TERMS AND CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. The Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least ten (10) working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly pay to Railroad all charges connected with such services within thirty (30) days after presentation of a bill. B. The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of men used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect on the day of execution of this agreement. One and one-half times the current houdy rate is paid for overtime, Saturdays and Sundays; two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between the Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. C. Reimbursement to the Railroad will be required covedng the full eight hour day dudng which any flagman is furnished, unless he can be assigned to other Railroad work dudng a portion of such day, in which event reimbursement will not be required for the portion of the day dudng which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by said flagman following his assignment to work on the project for which the Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad by assignment of such flagman to other work, even though the Contractor may not be working during such time. When it becomes necessary for the Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, the Contractor must provide the Railroad a minimum of five (5) days notice pdor to the cessation of the need for a flagman. If five (5)-days notice of cessation is not given, the Contractor will still be required to pay flagging charges for the five (5)-day notice period required by union agreement to be given to the employee, even though flagging is not required for that pedod. An additional ten (10) days notice must then be given to the Railroad if flagging service are needed again after such five day cessation notice has been given Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of dght is subject and subordinate to the pdor and continuing dght and obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Railroad without liability to the Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. The Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of the Railroad, including without limitation, the operations of the Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done CROE ExB 7/30/01 Page 1 of 3 Exhibit B Form Approved, AVP-Law To Contractor's Right of Entry Agreement CROE ExB 7/30/01 Form Approved, AVP-Law by ~e Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of the Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of the Railroad and work performed by the Railroad personnel and delays in the work to I~e performed by the Contractor caused by such railroad operations and work are expected by the Contractor, and Contractor agrees that the Railroad shall have no liability to Contractor, its subcontractors or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of the Railroad and third parties so as to avoid interference with railroad operations. The safe operation of the Railroad takes precedence over any work to be performed by the Contractor. Section 4. LIENS. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials fumished. If the Contractor fails to promptly cause any lien to be released of record, the Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the Railroad dudng normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications company(les) involved, make arrangements for a cable Iocator and, if applicable, for relocation or other protection of the fiber optic cable. The Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify, defend and hold the Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the Contractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by the Contractor. The Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. The Contractor shall at a minimum comply with the Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by the Railroad's own forces. As a part of the Contractor's safety responsibilities, the Contractor shall notify the Railroad if the Contractor determines that any of the Railroad's safety standards are contrary to good safety practices. The Contractor shall furnish copies of Exhibit D to each of its employees before they enter on the job site. B. Without limitation of the provisions of paragraph A above, the Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. The Contractor shall have a nondelegable duty to control its employees while they ara on the job site or any other property of the Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. CROE ExB 7/30/01 Page 2 of 3 Exhibit B Form Approved, AVP-Law To Contractor's Right of Entry Agreement CROE ExB 7/30/01 Form Approved, AVP-Law D. If and when requested by the_Railroad, the Contractor shall deliver to the Railroad a copy of the Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require the Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsisten, cies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, the Contractor shall indemnify, defend and hold harmless the Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, the Contractor, or any employee of the Contractor or of any Indemnified Party) adsing out of or in any manner connected with (i) any work performed by the Contractor, or (ii) any act or omission of the Contractor, its officers, agents or employees, or (iii) any breach of this agreement by the Contractor. B. The dght to indemnity under this Section 8 shall accrue upon occurrence of the event giving dse to the Loss, and shall apply regardless of any negligence or stdct liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. The Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by the Contractor's own employees. The Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this agreement may be relied upon or used by the Contractor in any attempt to assert liability against the Railroad. E. The provisions of this Section 8 shall survive the completion of any work performed by the Contractor or the termination or expiration of this agreement. In no event shall this Section 8 or any other provision of this agreement be deemed to limit any liability the Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. The Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by the Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in wdting and signed by the Contractor and the Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between the Contractor and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by the Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. The Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. The Contractor shall be responsible for the acts and omissions of all subcontractors, and shall require all subcontractors to maintain the insurance coverage required to be maintained by the Contractor as provided in this agreement, and to indemnify the Contractor and the Railroad to the same extent as the Railroad is indemnified by the Contractor under this agreement. CROE ExB 7/30/01 Page 3 of 3 Exhibit B Form Approved, AVP-Law To Contractor's Right of Entry Agreement CROE ExC 07/30/01 Form Approved - AVP Law EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE PROVISIONS Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least $5,000,000 each occurrence or claim and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: Bodily injury including death and personal injury Property damage Fire legal liability (Not less than the replacement value of the portion of the premises occupied) Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: · "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." · The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. · Coverage for Contractor's (and Railroad's) employees shall not be excluded · Waiver of subrogation B. Business Automobile Coveraqe insurance. This insurance shall contain a combined single limit of at least $5,000,000 per occurrence or claim, including but not limited to coverage for the following: Bodily injury and property damage Any and all motor vehicles including owned, hired and non-owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: · "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." · The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. · Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund, Contractor shall comply with the laws of such states. If Contractor is self-insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf CROE ExC 07/30/01 Page 1 of 2 Exhibit C Form Approved - AVP Law To Contractor's Right of Entry Agreement CROE ExC 07/30/01 Form Approved - AVP Law Eo Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: · Alternate Employer Endorsement ' ' Umbrella or Excess Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the pdmary policy. Railroad Protective Liability insurance naming only the Railroad as the insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form CG 00 35 07 98 or equivalent). A binder stating the policy is in place must be submitted to the Railroad until the odginal policy is forwarded to the Railroad. Other Requirements F. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. Contractor agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Railroad. Contractor further waives its dght of recovery, and its insurers also waive their dght of subrogation against Railroad for loss of its owned or leased property or property under its care, custody and control. Contractor's insurance shall be pdmary with respect to any insurance carried by Railroad. All waivers of subrogation shall be indicated on the certificate of insurance. Ho All policy(les) required above (excluding Workers Compensation) shall provide severability of interests and shall name Railroad as an additional insured. Severability of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance. Pdor to commencing the Work, Contractor shall fumish to Railroad odginal certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(les) issuing such policy(les) to notify Railroad in wdting of any cancellation or matedal alteration. Upon request from Railroad, a certified duplicate original of any required policy shall be furnished. Any insurance policy shall be wdtten by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement and acknowledges that Contractor's insurance coverage will be primary. Lo The fact that insurance is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. CROE ExC 07/30/01 Page 2 of 2 Exhibit C Form Approved - AVP Law To Contractor's Right of Entry Agreement CROE ExD 07/30/01 Form Approved - AVP Law EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of the Contractor as well as all employees of any subcontractor or agent of the Contractor. I. Clothing II. All employees of the Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, headng, or free use of their hands or feet. Specifically, the Contractor's employees must wear: (i) (ii) (iii) Waist-length shirts with sleeves. Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. Personal Protective Equipment The Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) (ii) (iii) Hard hat that meets the American National Standard (ANSI) Z89.1 - latest revision. Hard hats should be affixed with the contractor's or subcontractor's company logo or name. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 -latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. Headng protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: (iv) · 100 feet of a locomotive or roadway/work equipment · 15 feet of power operated tools · 150 feet of jet blowers or pile drivers · 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection - plugs and muffs) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety The Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations - 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) (ii) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. Wear an orange, reflectodzed workwear approved by the Railroad Representative. CROE ExD 07/30/01 Page 1 of 2 Exhibit D Form Approved - AVP Law To Contractor's Right of Entry Agreement IV. Vo CROE ExD 07/30/01 Form Approved - AVP Law Participate in a job bdefing that will specify the type of On-Track Safety for the type of work being performed. Contractors must take special note of limits of. track authority, which tracks may or may not be fouled, and cleadng the track. The Contractors will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. Equipment It is the responsibility of the Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of the Contractor's equipment is unsafe for use, the Contractor shall remove such equipment from the Railroad's property. In addition, the Contractor must ensure that the operators of all equipment are propedy trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's rules on IockoutJtagout of equipment. Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. Bo All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty- five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. General Safety Requirements The Contractor shall ensure that all waste is propedy disposed of in accordance with applicable federal and state regulations. The Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. Dudng this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concems about the work, the employee must voice them dudng the job briefing. Additional job bdefings will be conducted dudng the work as conditions, work procedures, or personnel change. All track work performed by the Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) (ii) (iii) (iv) (v) (vi) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). Avoid walking or standing on a track unless so authorized by the employee in charge. Before stepping over or crossing tracks, look in both directions first. Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and ec~uipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. CROE ExD 07/30/01 Page 2 of 2 Exhibit D Form Approved - AVP Law To Contractor's Right of Entry Agreement TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 3, 2004 AGENDA ITEM: IX. B. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2004-155: Relating to Development; approving a development Plan for Texas Roadhouse. DISCUSSION APPLICANT Texas Roadhouse, represented by The WLB Group, 4444 E Broadway, Tucson, Arizona 85711. LOCATION The project is located on lot 2 of the Continental Ranch Business Park and generally South of Arizona Pavilions Drive and East of Cracker Barrel Road within a portion of Section 26, Township 12 South, and Range 12 East. PROJECT DESCRIPTION The applicant is proposing a Texas Roadhouse restaurant. The land use designation for the site is C* Freeway Commercial as per the Continental Ranch Specific Plan. The Freeway Commercial designation allows for a restaurant as a permitted use. The gross site area is approximately 2 acres with 18% of the area being landscaped. The proposed building is single story with building a height of less than twenty eight (28) feet. The building setbacks exceed the minimum fifteen (15) foot requirement. This project will be served by two separate driveways off of Cracker Barrel Road. ATTACHMENTS Site map. RECOMMENDATION Staff recommends approval of Resolution No. 2004-155, approving a development plan for lot 2 in the Continental Ranch Business Park. Staff has reviewed the application using the Continental Ranch Specific Plan, adopted by Ordinance No. 88.09 April 5, 1989, The Continental Ranch Business Park Final Plat recorded March 10, 1997, the Marana Land Development Code, and the Marana General Plan. This Development Plan is in conformance with all required development regulations and conditions of zoning. SUGGESTED MOTION I move to approve Resolution 2004-155. 110304 DPR-04045 Texas Roadhouse.doc MARANA RESOLUTION NO. 2004-155 RELAT1NG TO DEVELOPMENT; APPROVING A DEVELOPMENT PLAN FOR TEXAS ROADHOUSE WHEREAS, the Town of Marana approved and adopted the specific plan for the area known as Continental Ranch on April 5, 1988 (Ordinance No. 88.09), located within the corporate boundaries of the Town of Marana, Arizona; and WHEREAS, Texas Roadhouse is the owner of approximately 1.94 acres within the Continental Ranch Business Park boundary generally located in Section 26, Township 12 South, Range 12 East, south of Arizona Pavilions Drive and east of Cracker Barrel Road and has applied to the Town of Marana for approval of a development plan for a restaurant on approximately 1.94 acres; and WHEREAS, the Mayor and Council have considered the application at the regular Town Council meeting held November 3, 2004 and has determined that the development plan for Texas Roadhouse meets all applicable requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the development plan for Texas Roadhouse, submitted by Texas Roadhouse, located south of Arizona Pavilions Drive and East of Cracker Barrel Road, in Section 26, Township 12 South, Range 12 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of November 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attomey ! Texas Roadhouse ~/~,, Case No. DPR-04045 TOWN OF MARANA ~ REQUEST A request for approval of a development plan for a restaurant located south of Arizona Pavilions Drive and east of Cracker Barrel Road. Section 26, T12S, R12E - l c v nu I R E a A _- A �cx o �� €�a ma 9 - gdss _z5`g�€ _ 99 " Mimi! 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