HomeMy WebLinkAboutPackets - Council Packets (694) *AMENDED (10/16/09, 4:00 p.m.)
AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
OCTOBER 21, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
ROLL CALL
EXECUTIVE SESSION AT OR AFTER 5:00 PM
Pursuant to A.R.S. § 38-431.03(A)(1): Discussion of transition and Town
Manager Recruitment Process
RESUME REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS
COUNCIL REPORTS
DEPARTMENT REPORTS
Vir Informational Items
TheMayor may and Council consider and/or take action on the items listed
Y
below:
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE
MEETING
CALL TO AUDIENCE — At this time, any member of the public is allowed to
address the Mayor and Town Council on any issue not listed on today's
agenda. Pursuant to the Arizona Open Meeting Law, individual Council
Members mayask Town Staff to review the matter, ask that the matter be placed
on a future agenda, or respond to criticism made by speakers. However, the
Mayor and Council maynot discuss or take legal action on matters raised during
Y
"Call to Audience." In order to speak during "Call to Audience" please specify
whatY ou wish to discuss when completing the blue speaker card.
PRESENTATION
a. PAUSE FOR PAWS
b. PRESENTATION BY MOUNTAIN VISTA FIRE DISTRICT REGARDING
ANNEXATION UPDATE
10/21/09 Agenda, Council Regular Session 2
c. PRESENTATION BY GOLDER RANCH FIRE DISTRICT ON FIRE AND
AMBULANCE SERVICES TO INCLUDE ANNEXATION UPDATE
d. PRESENTATION OF ORO VALLEY HISTORICAL SOCIETY'S NATIVE
AMERICAN GARDEN AT STEAM PUMP RANCH
1 . CONSENT AGENDA
(Consideration and/or possible action)
A. Building Safety Activity Report - September 2009
B. Economic Development Division Monthly Report —September 2009
C. Procurement Division Quarterly Report — July - September, 2009
D. Appointment of Sandra Hoy Johnson to the Board of Adjustment
E. Approval of 2010 Regular Town Council Meeting Schedule
F. Resolution No. (R)09 - 69 Authorizing and approving an
Intergovernmental Agreement between the Town of Oro Valley and
the Pima County Regional Flood Control District to fund the Lomas
De Oro Wash Channelization Project and the Oro Valley Estates
Drainage Improvement Project (Phase II)
G. Resolution No. (R)09 - 70 Authorizing and approving the naming
of two softball fields at James D. Kriegh Park in memory of Senior
Softball Player Don Harris
2. PUBLIC HEARING - RESOLUTION NO. (R)09 - 71 WEINGARTEN
NOSTAT INC; REPRESENTED BY ADDIS SIGNS, REQUESTS
APPROVAL TO MODIFY A PRE-ANNEXATION DEVELOPMENT
AGREEMENT FOR ORACLE CROSSINGS LLC FOR A TENANT
LOCATED AT 7805 N. ORACLE ROAD, OV3-09-006.
Explanation: The amendment would permit a tenant of this building to use
a logo that is 61 square feet in size.
3.* . . , , . _ • • . , . Amapa , . .
EMPLOYMENT AGREEMENT FGR ASSISTANT TOWN MANAGER G.
JERENE WATSON TO SERVE AS INTERIM TOWN MANAGER
PENDING THE PROCESS TO APPOINT A PERMANENT TOWN
MANAGER (CONTINUED FROM OCTOBER 7, 2009) REMOVED FROM
AGENDA
4. DISCUSSION AND POSSIBLE ACTION REGARDING TRANSITION AND
TOWN MANAGER RECRUITMENT PROCESS
5. DISCUSSION AND POSSIBLE ACTION REGARDING THE FARMER'S
MARKET CONTRACT RENEWAL
10/21/09 Agenda, Council Regular Session 3
41w 6.
FUTURE AGENDA ITEMS (The Council may bring forth general topics
for future meeting agendas.endas. Council may not discuss, deliberate or take
any action on the topics presented pursuant to ARS 38-431.02H)
CALL TO AUDIENCE — At this time, any member of the public is allowed to
address the Mayor and Town Council on any issue not listed on today's
agenda. Pursuant to the Arizona Open Meeting Law, individual Council
Members may ask Town Staff to review the matter, ask that the matter be placed
onagenda, or res
a future a endaand to criticism made by speakers. However, the
p
My may
Mayor and Council not discuss or take legal action on matters raised during
Y
"Call to Audience." In order to speak during "Call to Audience" please specify
whatY ou wish to discuss when completing the blue speaker card.
ADJOURNMENT
POSTED: 10 09 09 AMENDED AGENDA POSTED: 10 16 09
2:30p.m. 4:00 p.m.
cp cp
Whenp a packet acket of agenda materials as listed above is available for
public inspection at least 24 hours prior to the Council meeting in the office of the
Town Clerk between the hours of 8:00 a.m. — 5:00p.m.
VIP
complies The
Town of Oro Valley with the Americans with Disabilities Act (ADA).
If any persondisability with a needs any type of accommodation, please notify
the
Town Clerk's Office at least five days prior to the Council meeting at 229-
4700.
INSTRUCTIONS TO SPEAKERS
Members of thepublic have the right to speak during any posted public
hearing. However, those items not listed as a public hearing are for
consideration and action bythe Town Council during the course of their
business meeting. Members of the public may be allowed to speak on
these topics at the discretion of the Chair.
IfY ou wish to address the Town Council on any item(s) on this agenda, please
p
a
complete speaker card located on the Agenda table at the back of the room
p
andgive ive it to the Town Clerk. Please indicate on the speaker card which item
number and
topic you wish to speak on, or if you wish to speak during
p
"Call to Audience", please specify what you wish to discuss when
completing the blue speaker card.
'or
10/21/09 Agenda, Council Regular Session 4
Please step forward to the podium when the Mayor announces the item(s) on the
agenda which you are interested in addressing.
1 . For the record, please state your name and whether or not you are a
Town resident.
2. Speak only on the issue currently being discussed by Council. Please
organize your speech, you will only be allowed to address the Council
once regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During "Call to Audience" you may address the Council on any issue you
wish.
5. Any member of the public speaking must speak in a courteous and
respectful manner to those present.
Thank you for your cooperation.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: October 21, 2009
triay
TO: HONORABLE MAYOR & COUNCIL
FROM: Kathryn Cuvelier, Town Clerk
SUBJECT: PRESENTATION BY MOUNTAIN VISTA FIRE DISTRICT REGARDING
ANNEXATION UPDATE
SUMMARY:
Chief Scott Butler with Mountain Vista Fire District will make a presentation regarding the progress of their
Fire District annexation efforts.
ATTACHMENTS:
1. Mountain Vista Fire District Suffolk Hills Annexation Progress Worksheet.4, 7 / f : = ;,
Kathryn Cuvelier, Town Clerk
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Je e Watson, Interim Town anager
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OCT 1 IOU
MOUNTAIN VISTA FIRE DISTRICT
Suffolk Hills Annexation Progress Worksheet
10/16/2009 All Signatures on File
Total Signatures 1061 Current Property Signatures 719 67.8%
Total Assessed Value $45,588,165.00 Current Assessed Value $22,798,753 50.0%
Required 50% + 1 for successful annexation
Project Completion Date April 28, 2010
Target Completion Date Dec. 31, 2009
Annexation Area
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TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: October 21, 2009
TO: HONORABLE MAYOR & COUNCIL
FROM: Kathryn Cuvelier, Town Clerk
SUBJECT: PRESENTATION BY GOLDER RANCH FIRE DISTRICT ON FIRE AND
AMBULANCE SERVICES TO INCLUDE ANNEXATION UPDATE
SUMMARY:
Chief John Fink with Golder Ranch Fire District will make a presentation regarding fire and ambulance services
and an update on the progress of their Fire District annexation efforts.
ATTACHMENTS:
1. Report from Golder Ranch Fire District.
Kathryn Cuvelier, Town Clerk
At„A,I = ene Watson, Interim Town Manager
COMMUNICATION coo
OROVALLEY COUNCIL
. o
MeetingDate: October 21, 2009
TO: Honorable Mayor and Council
FROM:John Sullivan, Division Chief
SUBJECT: Oro Valley Annexation Update
BACKGROUND:
Pursuant to Arizona Revised Statute (ARS) 48-262, the Golder Ranch Fire District initiated the
transition of emergency services, through annexation, of residential, commercial and vacant property
owners in southern Oro Valley (refer to Attachment A). On April 16, 2009, it was determined by the
Pima County Clerk of the Board that successful annexation would require support from 1034
property owners with an associated valuation of$47,269,217.00 (refer to Attachment B).
PROGRESS:
Petitions were circulated in this annexation area for a period of approximately six months and
garnered 1301 signatures of support. These signatures were externally audited by the Pima County
Clerk of the Boardand it was determined that the petitions obtained 1060 valid property owners
with a representative value of$54,037,923.00. The disparity between the "obtained"and "validated"
signatures is due to a number of factors that include illegible signatures, renters signing as a property
owner, etc.
On October 6, 2009, the Pima County Board of Supervisors met and unanimously approved the
validation of the petitions for annexation into the Golder Ranch Fire District. Certification of this
decision was provided to us on October 7, 2009 (refer to Attachment C).
Property Owners Assessed Valuation
Total Required Obtained Validated Total Required Validated
2066 1034 1301 1060 $95,738,431 $47,269,217 $54,037,923
SUMMARY:
Transition of emergency services (fire/medical) has neared completion for most of Oro Valley and the
Golder Ranch Fire District now provides service to all residents north of Hardy Road. In order to
meet the increased demands of this new service area, Golder Ranch Fire will add an additional
paramedic-based engine company on November 13, 2009 and it will operate, temporarily, from a
Villa at the Hilton El Conquistador until the new fire station at Linda Vista and Oracle is complete
(estimated completion is August 2010).
We are humbled and honored to serve Oro Valley and would like to thank the Town Council and its
residents for their support.
"With Integrity-Go/der Ranch Fire District provides responsive and caring fire and life safety services that meet the
emerging needs of our community through teamwork, dedication,and professionalism."
•
ATTACHMENT A
110
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ATTACHMENT B
Pima County Clerk of the Board
.tv Document and Micrographics
Lori Godoshian Management
1540 East Benson Highway
West Congress,5th Floor
Tucson,Arizona 85714
Tucson,Arizona$5701 Phone:(520)351-8454
Robin Brigode,Deputy Clerk Phone ;520)740-43449 Fax (520)622-0448 Fax 520)351-8456
April 16, 2009
Vicki Cox-Golder, Chair
Golder Ranch Fire District Board
3535 E. Hawser St.
Tucson, AZ 85739
SUBJECT: Proposed Oro Valley Annexation
Dear Ms. Cox-Golder:
Pursuant to A.R.S. §48-262A9, be advised that on this date the following information
has been determined for the above referenced annexation area:
Valuation Data
Total assessed value from data query listing ..... $95,738,431.00
50% plus 1 of assessed value needed to qualify $47,869,217.00
Pr......megySI_wner PAW_
Total property owners from data query listing 2,066
50% plus I of property owners needed to qualify 4. 1,034
if you have any questions regarding this matter, please contact this office at 740-8449.
Sincerely yours,
4.MYth-,2.42v0
Lori Godoshian
Clerk of the Board
366
111
ATTACHMENT C
Qdifirafr of QIirh
qcgoarb- of uFriñnr of 1,Iimt Lnunfg, rznrnx
ttt of rznx-w
LIILtYitg of Pima
g2?2,c daa/uaz, iii&d'�c�a0/-tcthled, and Fccaii/ie,",
Ca/,%9Zdz&elaasqi 94�ufu�thash gunafeali:n,�,
('Fs;�U�acd dz,,zyka„aip ea,Cri[�GGeij CQ/`/`G(�/� LL/GGL(:QI7?�ZQ�t��� �i(/2ei
nu►ucke, al meetthp (3‘ YGOescaidC2,461/ /id/ a.2/
6th „4,.,,, October 2009 and yada,
uaad1-uced,err,i dzeiecti:
FIRE DISTRICT: GOLDER RANCH FIRE DISTRICT
Pursuant to A.R.S. §48-262.A.12, validation of the petitions presented from the Golder
Ranch Fire District for the proposed Oro Valley Annexation. (District 1)
On consideration, it was moved by Supervisor Day, seconded by Supervisor Bronson
and unanimously carried by a 5-0 vote, to approve the validation of petitions.
(3n iitM3 ileteuf, fhae' Ae,4cewu , tet ha,zd and
a f f aa,d $ e € C, Ana, e. ,
du,,, 7th �� October 2009
ATTACHMENT D
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TOWN OF ORO VALLEY
Page 1 of 1
COUNCIL COMMUNICATION MEETING DATE: October 21, 2009
TO: HONORABLE MAYOR & COUNCIL
FROM: Amanda Jacobs, Economic Development Manager
SUBJECT: Economic Development Division Monthly Report
SUMMARY:
Attached is a status report from September 1, 2009—September 30, 2009.
ATTACHMENTS:
1. Economic Development Division Monthly Report—September 2009
Lir 27" -
and Jacobs, "anomic Development Manager
Jeren Watson, Assistant Town Manager
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TOWN OF ORO VALLEY
Page 1 of 1
COUNCIL COMMUNICATION MEETING DATE: October 21, 2009
TO: HONORABLE MAYOR & COUNCIL
FROM: Brian P. Garrity, Procurement Administrator
SUBJECT: Procurement Division Quarterly Report
SUMMARY:
Attached is the Quarterly Procurement Activities Report for the period of July 1, 2009 through
September 30, 2009.
ATTACHMENTS:
1. Third Quarter 2009 Procurement Activities Report
(-.1 --.....79 -
Brian P. Garrity, C.'.M., I PPB
Procuremen ' :se's istrator
/61el-(4 LAf444-$01
StaSr
cey Lemo , CPA, Finance Director-Or
Jene Watson, Assistant Town Manager
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TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: October 21, 2009
TO: HONORABLE MAYOR & COUNCIL
FROM: Dee Widero, Zoning Program Supervisor
SUBJECT: APPOINTMENT OF NEW MEMBER TO THE BOARD OF ADJUSTMENT (BOA)
SUMMARY:
The purpose of this item is to consider for appointment Sandra Hoy-Johnson to the BOA. Robert Swope has
resigned his position on the Board of Adjustment; accepting an appointment with the Planning and Zoning
Commission.
Attached is Sandra Hoy-Johnson's application expressing her desire to serve on the Board of Adjustment for the
term effective October 21, 2009 through June 30, 2011.
ATTACHMENTS:
kpplication of request from Sandra Hoy-Johnson
SUGGESTED MOTIONS:
The Town Council may wish to consider one of the suggested motions:
I move to (approve, approve with conditions, OR deny) reappointment for Sandra Hoy-Johnson to the
Board of Adjustment.
ti / li,I,D.
le 4 tiiiir
Paul R. Popelka, ' ' f AICP
Acting Planning ane oning Director
ifigli-L ,-;IL itd-414_.'
rene Watson, Assistant Town Manager
4111111"r
:\OV\CC\BOA 10/21/09
. . ...
..
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: October 21, 2009
(Ilior
TO: HONORABLE MAYOR & COUNCIL
FROM: Kathryn Cuvelier, Town Clerk
SUBJECT: APPROVAL OF 2010 REGULAR TOWN COUNCIL MEETING SCHEDULE
SUMMARY:
Attached is the 2010 schedule of upcoming regular Council meetings.
Thero osed 2010 schedule cancels the second meeting in December to allow for a winter break. There are no
p p
other conflicts to the 2010 regular meeting schedule. Therefore, it is not necessary to cancel any other regular
meetings for 2010.
ATTACHMENTS:
1. 2010 Regular Town Council Meeting Schedule
SUGGESTED MOTION:
4iir
MOVE to approvethe 2010 Regular Town Council Meetingschedule as submitted or as amended.
g
/jyt_ C°- eCtiE.c/ex:A>
Kamryn E. Cuvelier, Town Clerk
--, 4t,,,
erene Watson, Assistant Town Manager
Da d An•%ews, Town Manager
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TOWN OF ORO VALLEY
Page 1 of 2
COUNCIL COMMUNICATION MEETING DATE: October 21,2009
TO: HONORABLE MAYOR AND COUNCIL
FROM: David Parker, Stormwater Utility Manager
SUBJECT: Resolution (R) 09- 69 A Resolution of the Mayor and Council of the
Town of Oro Valley, Arizona authorizing and approving an intergovernmental Agreement (IGA)
between the Town of Oro Valley and the Pima County Regional Flood Control District to fund
the Lomas De Oro Channelization Project and Oro Valley Estates Drainage Improvement
Project (Phase II).
SUMMARY:
The purpose of this IGA is to set forth the responsibilities of the parties with regards to the District's
contribution of funds to the Town for construction of the following two projects both of which are in the
Town's approved 2009/2010 Capital Improvement Budget.
Lomas De Oro Channel Stabilization Improvements: The 2006 monsoon period (July 25 to August 4) caused
bank erosion ranging from 6 to 12 feet along significant portions (3200 linear feet) of Lomas de Oro Wash,both
upstream and in the vicinity of Lucero Road. An emergency declaration for Pima County (FEMA-AZ-DR
1660) was made. On August 31, 2009 Oro Valley received funding approval from FEMA/ADEM for this
'roj ect. The project consists of constructing engineered improvements with gabion baskets, providing 100-year
eak discharge conveyance by increasing channel capacity, and creating an all weather crossing at Lucero Road
by installing a box culvert in the existing dip section. Project cost is estimated at $1.85 million of which FEMA
will provide 75%, the State of Arizona 15% and the local cost share of 10%. Under this IGA the District will
provide the funds to Oro Valley for the local cost share of$185,000.
Oro Valley Estates Drainage Improvement Phase II: Phase I of this Project was completed last year by the
District and eliminated a safety hazard and created drainage of this sub watershed basin to the Canada del Oro
Wash (CDO) that drains through Oro Valley Estates. Phase II will increase the conveyance and stabilize two
existing under-sized drainage channels. Minor road improvements along Landoran Lane will link Phase I with
Phase II. The design was funded by a Flood Control District contract in early 2008 under a previous IGA
between Pima County and Oro Valley. Under the attached IGA the District will provide $300,000 to the Town
of Oro Valley to construct Phase II of this project.
If the IGA is approved by the Mayor and Town Council it will be sent to the Pima County Board of Supervisors
for approval at their next available regular Board Meeting scheduled for November 10, 2009.
RECOMMENDATION: Staff recommends approval of this IGA because of the safety and financial issues
associated with these projects.
FISCAL IMPACT: If not approved the Town's Stormwater Utility will be required to provide the funding for
the two projects.
r
TOWN OF ORO VALLEY
Page 2 of 2
COUNCIL COMMUNICATION MEETING DATE: October 21,2009
*lid-
ATTACHMENTS:
1. Resolution No. (R)09- 69
2. Intergovernmental Agreement
SUGGESTED MOTIONS:
I move to approve Resolution(R) 09 -69 authorizing and approving an Intergovernmental Agreement
(IGA)between the Town of Oro Valley and the Pima County Regional Flood Control District to fund the
Lomas De Oro Channelization Project and Oro Valley Estates Drainage Improvement Project (Phase II).
Or
I move to deny Resolution(R) 09 - 69 authorizing and approving an Intergovernmental Agreement
(IGA)between the Town of Oro Valley and the Pima County Regional Flood Control District to fund the
Lomas De Oro Channelization Project and Oro Valley Estates Drainage Improvement Project (Phase II).
KL\ ±)
f0 -„,,,.............„----
David Parker ormwater Utility Manager
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renary, Oper io Rivisi Rivisir,n Manager
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•• CivJ1i 'Town Eng
er
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Tobin Rosen, Town Town Attorney ---- .
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rene Watson,Assistant Town Manager
Saw
RESOLUTION NO. (R) 09- 69
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF ORO VALLEY AND THE PIMA
COUNTY REGIONAL FLOOD CONTROL DISTRICT TO FUND
THE LOMAS DE ORO WASH CHANNELIZATION PROJECT
AND THE ORO VALLEY ESTATES DRAINAGE
IMPROVEMENT PROJECT (PHASE II)
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States; and
WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter
into or renew agreements for joint and cooperative action with other public agencies; and
WHEREAS, pursuant to A.R.S. § 48-3606(C)(3), the Pima County Regional Flood
Control District ("District") is authorized to contract and join with any other flood control
district, municipality, political subdivision or governmental agency in acquiring,
constructing, maintaining and operating flood control works; and
WHEREAS, pursuant to A.R.S. § 48-572(A)(5), the Town is authorized to order
construction, reconstruction or acquisition of waterworks, ditches, canals, channels,
together with the necessary or usual appurtenances for carrying storm water in, under,
over or through any land or rights-of-way of the Town; and
WHEREAS, the District will contribute levy funds to the Town for the construction of
the Lomas de Oro Wash Channelization Project and the Oro Valley Estates Drainage
Improvement Project (Phase II); and
WHEREAS, upon completion and final acceptance of each project by the Town, the
completed projects shall become the property of the Town and the Town shall be
responsible for the continued operation and maintenance of each project's
improvements; and
WHEREAS, it is in the best interest of the Town to enter into an Intergovernmental
Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, in
order to set forth the terms and conditions for the construction of the Lomas de Oro Wash
Channelization Project and the Oro Valley Estates Improvement Project (Phase II).
F:Public Works\IGA's\Lomas de Oro Wash Channelization Project&OV Estates Draining Improve Proj Phase II\Resolution doc Town of Oro Valley Attorney's Office/9/25/09
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Oro Valley, Arizona, that: 'gad
1. The Intergovernmental Agreement, attached hereto as Exhibit "A", between
the Town of Oro Valley and the Pima County Regional Flood Control District
for the construction of the Lomas de Oro Wash Channelization Project and
Oro Valley Estates Drainage Improvement Project (Phase II) is hereby
authorized and approved.
2. The Mayor and any other administrative officials are hereby authorized to
take such steps as necessary to execute and implement the terms of the
Intergovernmental Agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona, this 21st day of October , 2009.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
Nrii°
ATTEST: APPROVED AS TO FORM:
Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney
Date Date
F:\Public Works\IGA's\Lomas de Oro Wash Channelization Project&OV Estates Draining Improve Proj Phase II\Resolution.doc Town of Oro Valley Attorney's Office/9/25/09
EXHIBIT "A"
toy
(my
F:\Public Works\IGA's\Lomas de Oro Wash Channelization Project&OV Estates Draining Improve Proj Phase II\Resolution.doe Town of Oro Valley Attorney's Office/9/25/09
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT
AND
THE TOWN OF ORO VALLEY
FOR THE
LOMAS DE ORO WASH CHANNELIZATION PROJECT
AND
THE ORO VALLEY ESTATES DRAINAGE IMPROVEMENT PROJECT:
PHASE II
This agreement ("Agreement") is entered into by and between the Pima County Regional Flood
Control District, a political taxing subdivision of the State of Arizona("District") and the Town of
Oro Valley,a municipal subdivision of the State of Arizona("Town"),pursuant to Arizona Revised
Statutes ("A.R.S.") Section 11-952:
Recitals
A. The Pima County Regional Flood Control District(hereinafter"District"), is authorized by
A.R.S. § 48-3606 (C)(3) to contract and join with any other flood control district,
municipality, political subdivision or governmental agency in acquiring, constructing,
maintaining and operating flood control works.
B. The Town of Oro Valley ("Town") is authorized by A.R.S. § 48-572(5) to order
construction,reconstruction or acquisition of waterworks,ditches,canals,channels,together
with the necessary or usual appurtenances for carrying storm water in, under, over or
through any land or right of way of the municipality.
C. The Town intends to construct two drainage control projecets: the Loma de Oro Wash
Improvement Project("Lomas de Oro")and the Oro Valley Estates Drainage Improvement
Project, Phase II, ("Oro Valley Estates").
D. The District wishes to support the Town in the construction of the Lomas do Oro and the Oro
Valley Estates Projects and intends to contribute District levy funds for that purpose.
thor
Lomas de Oro IGA 9/25/2009
E. The District and the Town wish toe
establish this intergovernmental agreement for theNed
purpose of joint and cooperate action regarding Projects.
Projects.
AGREEMENT
SECTION 1. PURPOSE
The purpose of this Agreement is to set forth the responsibilities '
of the parties with regard to the
District's contribution of funds to the Town for construction
of the following described Projects.
SECTION 2. THE PROJECTS
LOMAS DE ORO CHANNEL STABILIZATION IMPROVEMENTS " "
( COMAS DE ORO")
The 2006 monsoon period(July 25 to August 4)caused bank erosionranging ranging from 6 to 12 feet along
significant portions (3200 linear feet)of Lomas de Oro
Wash, both upstream and in the vicinity
enc pity of
Lucero Road. An emergency y declaration for Pima County (FEMA-AZ-DR1 660
Valleyreceived ) was made. Oro
funding from FEMA/ADEM to construct engineered improvements
ovements wi
th gabion provide 100-year peak discharge conveyance by increasing channel
capacity, and create an
all weather crossing at Lucero Road by installingbox culvert a in the existing dip section. Project
cost is estimated at$1.85 million of which FEMA willrovid o
p e 75/o,the State of Arizona 15/o,and
the local cost share of 10%o. The Town is seeking the local share cost of$185,000 from the District. „id
ORO VALLEY ESTATES DRAINAGE IMPROVEMENT PHASE II ("ORO VALLEYESTATES")
Phase I of this Project eliminated a safety hazard and created
drainage of this sub watershed basin to
the Canada del Oro Wash(CDO)that drains through Oro Valley Estates. Phase II will increase the
conveyance and stabilize two existing under-sized drainage channels. '
alongg Minor road improvements
Landoran Lane will link Phase I with Phase II. The design was funded by a Flood Control
District contract in early 2008 under a previous IGA between Pima County and Oro Valley. The
estimated cost to the District for Phase II of the Oro Valley Estates project is estimated at
$300,000.00.
SECTION 3. COMMITMENT OF FUNDS
3.1. The District shall make available to the Town a maximum m of$185,000.00 toward the total
cost of the Lomas de Oro project which is estimated at '
. $1,850,000.00. This money will represent
the Town's local match required by the Federal Emergency. g y Management Agency
The District will also make available a maximum of$300,000.00 application toward application to Phase II
of the Oro Valley Estates project.
3.2 The parties agree that the Town shall advertise, award, design,sign, execute and administer all
2
Nod
Lomas de Oro IGA 9/25/2009
construction contracts for the Projects listed above.
3.3. District shall pay the Town for actual work performed for the Projects identified in this
Agreement. Invoices submitted by the Town shall be specific to each Project for which costs
have been incurred. District shall pay to Town a total of$485,000.00 based on periodic invoices
submitted by Town for progress payments accompanied by a detailed progress report for each
project at intervals mutually agreed to by the parties. An example of a payment schedule is
attached to this agreement as Exhibit 1.
3.3. The Town shall provide written notice to the County of completion and final acceptance of
each Project by Town. Upon completion and final acceptance of each Project, Town shall
conduct a Final Accounting Statement of all construction costs of each Project and shall provide
to District a copy of the Final Accounting Statement for each Project within 90 days of final
acceptance of each Project by Town.
3.4 District funds are not to be used for administrative costs and engineering is limited to 10
percent of actual construction cost. Further, construction engineering is limited to 15 percent of
actual construction costs.
SECTION 4. VESTING OF TITLE AND MAINTENANCE
Upon completion of the Projects,title to the improvements constructed under this Agreement shall
vest in the Town and Town shall be responsible for the continued operation and maintenance of the
Project improvements. Pursuant to a 1984 intergovernmental agreement, the Town is responsible
�' � p
for all watercourses within Town limits that have a discharge less than 3,000 cubic feet per second
(CFS). Both watercourses in these Projects are less than 3,000 CFS.
SECTION 5. EFFECTIVE DATE AND DURATION OF AGREEMENT
5.1 This agreement shall be effective on the date of recordation of the original executed
Agreement with the office of the Pima County Recorder.
5.2 This Agreement shall remain in effect during construction of the Project and through
completion of the final accounting, payments and certification by County, but in no event
shall this agreement be effective beyond December 31, 2010.
SECTION 6. LEGAL JURISDICTION
Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of
District or County.
SECTION 7. NO JOINT VENTURE
3
4111110
Lomas de Oro IGA 9/25/2009
It is not intended by this Agreement to, and nothingcontained ned in this Agreement shall,be construed lad
to create any partnership,point venture or employer-employee relationship between District and the
Town. No party shall be liable for any debts,accounts,obligations nor other liabilities whatsoever hatsoever of
any other party as a result of this Agreement,including(without limitation)anyparty's '
. p y obligation to
withhold Social Security and income taxes for itself or its employees.
SECTION 8. NO THIRD PARTY BENEFICIARIES
This Agreement shall not create any right to any person or entity as a third party beneficiary.
SECTION 9. COMPLIANCE WITH LAWS
The parties shall comply with all applicable federal,state and local laws,rules,regulations,gu ations,standards
and executive orders, without limitation to those designated within this Agreement.
The laws and
regulations of the State of Arizona shall govern the rights of thearties the performance p rmance of this
Agreement and any disputes hereunder.Any action relatingto this Agreementshall be
brought in an
Arizona court.
9.1. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order
Number 99-4 issued by the Governor of the State of Arizona are incorporated rp by this
reference as a part of this Intergovernmental Agreement.
9.2. Americans with Disabilities Act. This A eemen '
gr tis subject to all applicable
provisions of the Americans with Disabilities Act(Public Law 101-336, 42 U.S.C.
12101-12213)and all applicable federal regulations under the Act,including 28 CFR
Parts 35 and 36.
SECTION 10. FORCE MAJEURE
A party shall not be in default under this Agreement if it does not fulfill anyof its obligations gations under
this Agreement because it is prevented or delayed in doingsoreason ofuncontrollable
by liable forces.The
term "uncontrollable forces" shall mean, for the purpose of this Agreement, any y cause beyond the
control of the party affected,including but not limited to floods, earthquakes,acts of
q God,or orders
of any regulatory government officer or court (excluding orders promulgated
by the parties
themselves),which,by exercise of due diligence and foresight,such party could not reasonably have
been expected to avoid. Any party rendered unable to fulfill anyobligations
. . , g s by reason of
uncontrollable forces shall exercise due diligence to remove such inability with all reasonable
dispatch.
SECTION 11.WAIVER
4
Ned
Lomas de Oro IGA 9/25/2009
Waiver by any party of any breach of any term, covenant or condition herein contained shall not be
deemed a waiver of any other term, covenant or condition,or anysubsequent quent breach of the same or
any other term, covenant, or condition herein contained.
SECTION 12. TERMINATION OF INTERGOVERNMENTAL AGREEMENT
a. For cause. A party may terminate this Agreement for material breach of the
Agreement by any other party. Prior to any termination under this paragraph,
the party allegedly in default shall be given written notice by the otherp arties
of the nature of the alleged default. The party said to be in default shall have
forty-five days to cure the default. If the default is not cured within that time,
any other party may terminate this Agreement.Any such termination shall not
relieve any party from liabilities or costs already incurred under this
Agreement.
b. A.R.S. § 38-511. This Intergovernmental Agreement is subject to the
provisions of A.R.S. § 38-511.
c. Non-appropriation. It is acknowledged that, notwithstanding any other
provision contained herein, this Agreement may be terminated if for any
reason the Pima County Flood Control District Board of Directors or the
Pima County Board of Supervisors fails to appropriate sufficient monies for
‘limv the purpose of maintaining this Intergovernmental Agreement.In the event of
such cancellation,District and County shall have no further obligation to the
other party other than for payment for services rendered prior to such
termination.
d. Any termination of this Agreement shall not relieve any party from liabilities
or costs already incurred under this Agreement, nor affect any ownership of
the Projects constructed pursuant to this Agreement.
SECTION 13 INDEMNIFICATION
13.1 Mutual Indemnity. To the fullest extent permitted by law, each party to this
Agreement shall indemnify, defend and hold the other party, its governing board or
body, officers, departments, employees and agents, harmless from and against any
y
and all suits, actions, legal or administrative proceedings, claims, demands, liens,
losses, fines or penalties, damages, liability, interest, attorney's, consultant's and
accountant's fees or costs and expenses of whatsoever kind and nature,resulting from
or arising out of any act or omission of the indemnifying party,its agents,employees
or anyone acting under its direction or control,whether intentional,negligent,grossly
negligent, or amounting to a breach of contract,in connection with or incident to the
5
Lomas de Oro IGA 9/25/2009
performance of this Agreement.
13.2 Notice. Each party shall notify the other in writing within thirty days of the
receipt of any claim,demand, suit or judgment against the receivingpartyfor which
the receiving party intends to invoke the provisions of this Article. Each �Y a shall
p
keep the other party informed on a current basis of its defense of anyclaim
demands, suits, or judgments s'under this Article.
13.3 Negligence of indemnified party. The obligations under this Article shall not extend
to the negligence of the indemnified party, its agents or employees.
13.4 Survival of termination. This Article shall survive the termination, cancellation
or
revocation, whether in whole or in part, of this Intergovernmental Agreement.
SECTION 14. INSUIZANCE
Each party to this agreement acknowledges that the otherpartyis self-insured and wan
ants that such
self insurance fully covers that party's liability regarding the Project.
SECTION 15. BOOKS AND RECORDS
The Town shall keep and maintain proper and complete books,records and accounts,which shall be
open for inspection and audit by duly authorized representatives of anyother partyat all a 1 reasonable „v./
times.All design and construction drawings,records,documentation and correspondence shall all be the
property of the Town at the completion of the Project, except copies maintained byDistrict for its
records. Within six months after acceptance of Project by Town, Town shallrovide
p , at no cost to
District "As-Built" drawings of the Project for inclusion in the District's drainage structure
repository.
SECTION 16. INSPECTION AND AUDIT OF RECORDS
District may perform any inspection of any of the Projects during construction or conduct an audit of
any books or records for the Projects maintained by the Town to verifythat District tract monies have
been spent in accordance with this Agreement.
SECTION 17. SEVERABILITY
In the event that any provision of the Agreement or the application thereof is heldinvalid, such
invalidity shall have no effect on other provisions and their application which can
pp be given effect
without the invalid provision, or application, and to this extent therovisions of the
p agreement are
severable.
6
Lomas de Oro IGA 9/25/2009
•
SECTION 18. REMEDIES
411116,-
Any dispute arising under this Agreement shall be submitted to the Directors of the
respective parties
for resolution.
p
SECTION 19. NOTIFICATION
All notices or demands upon any party to this Agreement shall be in writing,unless other forms are
designated elsewhere, and shall be delivered in person or sent by mail addressed as follows:
Pima County Regional Flood Control District:
Christopher C. Cawein, Deputy Director
Pima County Regional Flood Control District
97 E. Congress St., 3rd Floor
Tucson, AZ 85701
Town of Oro Valley:
Craig Civalier, Town Engineer
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
In Witness Whereof District has caused this Agreement to be executed bythe Chair of its
%or
Board of Directors, upon resolution of the Board and attested to by the Clerk of the Board, and the
Town of Oro Valley has caused this Agreement to be executed bythe Mayor and Council, u y on
p
resolution of the Council and attested to by the Town Clerk.
THEREFORE, the parties hereto have entered into this Agreement this day
of , 2009.
PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS
Richard Elias, Chairman ATTEST:
Clerk of the Board
7
(111111,
Lomas de Oro IGA 9/25/2009
'Mg)
TOWN OF ORO VALLEY
Paul Loomis, Mayor ATTEST:
Town Clerk
Approved as to content: Approved as to content:
pp
Suzanne Melds, P.E. Jerene Watson, Asst
‘.---,,- -- 44. 4.41.-1-q—_, Axe -,::-y-
.Town Manager
Dlrec r
Pima County Regional Flood Control District
Intergovernmental Agreement Determination
vd
The foregoing Intergovernmental Agreement between the Pima CountyFlood d Control District,
and the Town of Oro Valley has been reviewed pursuant to A.R.S. ' 11-952 byundersigned,
the undersigned,
who have determined that it is in proper form and is within theowers and authority thority granted
under the laws of the State of Arizona to those parties to the Intergovernmental g Agreement
represented by the undersigned.
Pima County r egio- :1 Flood Control District:
/Iir (
/ ' /�
I /, i
/ /
Deputy County Attorney for the District
Town of Oro Valley
Town Attorney
8
-.ad
Lomas de Oro IGA 9/25/2009
EXHIBIT 1
Payment Schedule
Estimated Estimated Month/Year Type of Work (Design,
Reimbursement Request Request will be Construction, Etc.)
Amount Submitted
Example
$50,000 Dec 09
Design
$100,000 Mar 10 Construction
$75,000 May 10 Construction
$160,000 June 10
Wrap up
41111,
9
4111111,
Lomas de Oro IGA 9/25/2009
G.
TOWN OF ORO VALLEY
Page 1 of 2
1'OUNCIL COMMUNICATION DATE: OCTOBER 21, 2009
TO: HONORABLE MAYOR & COUNCIL
FROM: AINSLEY ANNE LEGNER, PARKS & RECREATION DIRECTOR
SUBJECT: RESOLUTION NO. (R) 09- 70 ; AUTHORIZING AND APPROVING THE
NAMING OF TWO SOFTBALL FIELDS AT JAMES D. KRIEGH PARK IN MEMORY
OF SENIOR SOFTBALL PLAYER DON HARRIS
BACKGROUND:
On February 2, 2007, the Town Council approved Resolution No. (R) 07-18, establishing Oro Valley's Naming
and Branding Policy. (See Attachment B) To date, no parks or facilities have been named utilizing this policy.
The James D. Kriegh Park (formerly the Dennis Weaver Park) was re-named in 2000 and is the only Town
owned facility named after an individual.
SUMMARY:
September 2, 2009, the Oro Valley Loop Senior Softball Team representatives submitted a cover letter and
lir-mal request to name two softball fields at James D. Kriegh Park for Mr. Don Harris. (See Attachment C)
The team is requesting to name the two northeastern softball fields the Don Harris Memorial Senior Softball
q g
Fields, with the individual fields named "Harris Field #1" and "Harris Field #2". A map has been attached
which identifies which fields are recommended for naming. (See Attachment D)
Thero osal was submitted to the Parks and Recreation Advisory Board on September 8, 2009. The proposal
p p
was recommended unanimously by the Board.
The family of Don Harris has been notified of this proposal and has provided a letter of support, providing
written permission for the naming of the fields. (See Attachment E)
FISCAL IMPACT:
Costs associated withp lacing signage on the back-stop of each field will be covered by the Loop Senior Softball
League. There is no fiscal impact to the Town.
ATTACHMENTS:
A. Resolution No. (R)09- 70
B. Resolution No. (R) 07-18 and the Naming and Branding Policy
tor C. Oro Valley Loop Senior Softball Team Cover Letter and Request
D. James D. Kriegh Park Map
E. Letter of Approval from the family of Don Harris
b '
TOWN OF ORO VALLEY
Page 2 of 2
COUNCIL COMMUNICATION DATE: OCTOBER 21, 2009
,41)
SUGGESTED MOTION:
The Council may wish to consider the following motion:
I move to approve Resolution No. 09-70 •
0 .,---" _ , --Q—z„r--
ic.- \ ''''
Ainsley Legner, Parks and RecYeation Director
J ene Watson, Assistant Town Manager
Attachment A
RESOLUTION NO. (R) 09- 70
Sow
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE
NAMING OF TWO SOFTBALL FIELDS AT JAMES D. KRIEGH PARK
IN MEMORY OF SENIOR SOFTBALL PLAYER DON HARRIS
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with
all associated rights, privileges and benefits and is entitled to the immunities and exemptions
granted municipalities and political subdivisions under the Constitution and laws of the State of
Arizona and the United States; and
WHEREAS, on February 2, 2007, the Town approved Resolution No. (R) 07-18 establishing the
Town's Naming and Branding Policy for naming parks and/or facilities within the Town; and
WHEREAS, there are two softball fields located in the northeastern portion of James D. Kriegh
Park that are dedicated for use by the senior softball community within Oro Valley and
surrounding communities; and
WHEREAS, the Oro Valley Loop Senior Softball Team representatives have submitted a formal
request to name the two northeastern softball fields in James D. Kriegh Park the "Don Harris
Memorial Senior Softball Fields" with the individual fields named "Harris Field #1" and "Harris
Field#2" in memory of Don Harris; and
WHEREAS, the Oro Valley Loop Softball League will pay for the costs of the signs designating
the two softball fields as "Don Harris Memorial Senior Softball Fields" and the individual fields
as "Harris Field #1" and "Harris Field #2"; and
WHEREAS, Don Harris was the manager of the Oro Valley Loop teams and, in a more global
sense, Don Harris was to Pima County senior softball what Bill Gates is to the computer world;
and
WHEREAS, Don Harris's contributions to the Town and Tucson metropolitan area senior
softball community were immeasurable; and
WHEREAS, Don Harris recently passed away while participating in the game he loved, softball;
and
WHEREAS, the Parks and Recreation Advisory Board unanimously approved this naming
request on September 8, 2009; and
WHEREAS, the Town desires to name the two northeastern softball fields in James D. Kriegh
Park in honor of Don Harris.
Lir
F:\Parks&Recreauon\Misc\Sofiballl Fields-Rename\Resolution.doc Town of Oro Valley Attorney's Office/ch/041608
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that naming of the two northeastern softball fields in the James D. Kriegh Park
as the "Don Harris Memorial Senior Softball Fields" with the individual fields named "Harris
Field #1" and "Harris Field #2" in memory of Don Harris is hereby authorized and approved.
BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the
Town of Oro Valley are hereby authorized to take such steps as are necessary to carry out the
terms of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
21st day of October , 2009.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney
mud
Date.. Date: e
F:\Parks&Recreation\Misc\Softball)Fields-Rename\Resolution.doc Town of Oro Valley Attorney's Office/ca/091509
Attachment B
. .
1111 RESOLUTION NO. (R)07- 18
A RESOLUTION OF THE ORO VALLEY TOWN COUNCIL
APPROVING THE TOWN OF ORO VALLEY'S NAMING AND
BRANDING POLICY.
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivisions under the Constitution
and laws of the State of Arizona and the United States; and
WHEREAS, the Town Council desires to establish policies for the branding of Town
facilities and special events; and
WHEREAS, the Town Council desires to establish policies for naming and renaming of
Town parks; and
WHEREAS, the Town Council desires to establish policies for the acceptance of
donations; and
WHEREAS, the proposed Naming and Branding Policy contains guidelines for the
purposes of the branding of Town facilities and special events, naming and renaming of
Town parks and the acceptance of donations; and
WHEREAS, it is in the best interest of the Town approve the Town of Oro Valley's
PP �'
Naming and Branding Policy, attached hereto as Exhibit No. "A".
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley, Arizona that the Town of Oro Valley's Naming and Branding Policy be
approved.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 7 th day of February , 2007,
TOWN OF ORO VALLEY
,,,,, _
er
'aul H. oomis, Mayor
ATTEST:, APPROVED AS TO FORM:
/ ..
4-c.. •,,,,._,,,: „ __ , ._
Kathryn E. Cuvelier, Town Clerk el'.da Gan.r..►, Town Attorney
Date: 7 -0 7 Date: ,.71- i — e 7
\\LegallshardIcAnoarrls 4 CommisssonsIOTHERTarks&Rc:tPftAB)IResoluuon da Town of Cho Palley Anorney's°Mc:0=03I25D1
11
I
Town
of Oro VValley
Narasin and Brandingg
PURPOSE
To outline the policy, criteria, and process for
(1) The official naming and renaming of Oro Valley Parks;
(2) The receipt of general donations; and
(3) Sponsorship agreements for the branding of Town facilities, features and
sponsored events.
The following policies are designed to apply either independently or in conjunction with
one another. Any deviation from these policies shall require the approval of the Town
Council.
OFFICIAL NAMING AND RENAMING OF ORO VALLEY PARKS
I. BACKGROUND
Parks are integral to Oro Valley's identity. As an agency devoted to public service
through Parks and Recreation, it is a goal of Oro Valley Parks and Recreation to be seen
as part of the fabric of the community. Stewardship of the public Parks and Recreation
system for the greatest benefit of the community-at-large is also a long-term goal of Oro
Valley Parks and Recreation. Through the naming of Town owned parks and open
spaces, the Town hopes to instill a sense of ownership in those places where the
community may congregate and share their common experience.
IL DEFINITIONS
The following are definitions for terms used within this policy:
A. Park: Park shall mean any Town owned park, preserve, playground, recreation
center, trail, or any other area or facility devoted to active or passive recreation.
B. Open Space: Open Space shall be defined as any Town owned natural open
space or landscaped open space or the total thereof.Natural open space shall
mean any natural, completely undisturbed, desert area. Landscaped open space
shall mean an area improved through the harmonious combination of natural
desert growth with the introduction of trees, shrubs, and groundcover which may
contain natural topping material such as boulders, rock, stone, or granite or other
approved material.
U,Ccnocil Comourucauons'PP kB policy•fin!for cunc 1 dw 1
III. PROCESS
Introduction: Park and open space names should be chosen keeping in mind continuity
and relevance to the community. Park and open space names that are similar to existing
parks or properties in the greater Oro Valley area should be avoided in order to minimize
confusion. Parks and open spaces owned by the Town of Oro Valley will be named
through an administrative process in accordance with the following considerations:
A. Names for parks and open spaces shall include geographical locations, natural or
geological features. (e.g. Pusch Ridge Park)
B. Park and open space names may also include:
1. Words of common usage such as"memorial" or"recreational";
2. Proper names of individuals;
3. Names of groups or organizations; and
4. Names of wildlife;
5. An example that incorporates these criteria would be"John G. Doe Pusch
Ridge Memorial Park"
C. Parks and open spaces shall maintain their gratuitous names for a period of no less
than 10 years.
D. The renaming of a park or open space shall only occur upon a showing that the
previous name is no longer relevant to the community, or that the proposed new
name better exemplifies a value or honor the Town wishes to express.
E. Proposals for the naming or renaming of parks, park facilities, and/or open spaces
may come from the Mayor and Council, Town Staff, or the general public.
Proposals must be submitted in writing to the Oro Valley Parks and Recreation
Director.
F. Written proposals shall include the following:
1. A statement as to how the proposed name is consistent with the criteria stated
in this Policy.
2. Justification for the suggested park name.
3. In the case of renaming of a park or open space,justification as to why the
park or open space should be renamed.
G. If the proposal is to name or rename a park after a person or persons, the proposal
shall include justification as to why the specific naming proposal is an appropriate
honor.
H. If the proposal is to name or rename a park after a person or persons, written
permission from the person, or their next of kin, shall be included with the
proposal.
I. In the event a park site is jointly or wholly acquired, held or owned by other
public jurisdictions,but managed by Oro Valley Parks and Recreation, the other
Now-
U\Cminnt CornmunIc3uans\PIZAB poli:;•final for cwnal do 2
involved jurisdictions shall be consulted and given the opportunity to submit a ..
written recommendation as to the proposed name.
J, Public notice of a proposal to rename a park or open space shall be posted within
ten(10) business days of receipt by Oro Valley Parks and Recreation.
K. All proposals shall be forwarded to the Oro Valley Parks and Recreation Advisory
Board for review and recommendation to the Mayor and Council.
L. A majority vote of the seated Town Council members will be required for naming
or renaming a park or open space.
L Courted Gammon caucns'TRA3 policy•final Ccr council doc 3
RECEIPT of DONATIONS
I. BACKGROUND
The Town of Oro Valley encourages and welcomes donations to enhance Town services.
However, donations are not intended to substitute for basic government financial support.
II. DEFINITION
A donation is any equipment, furnishings, program materials, art or cash given to the
Town of Oro Valley. This policy is not applicable to special endowments or grants,
including gifts of real property,which are handled on an individual basis.
III. GENERAL GUIDELINES
A. The Town of Oro Valley highly recommends and strongly encourages groups
and/or individuals to discuss their possible donation with the appropriate Town
department prior to making a donation.
B. Donations may be accepted on a conditional or unconditional basis.Definitions
for and the processing of either type of donation are described below.
C. In the discretion of the appropriate Town department or division, donated
equipment, furnishings,program materials and/or art will be evaluated for quality
and will only be accepted if they meet or exceed written standards set forth by the
Town Manager,or designee,and provided upon request to anyone considering a
donation of equipment.
D. Oro Valley will make every effort to honor the donor's requests and specifications
as closely as possible. Oro Valley will work with potential donors to develop
mutually satisfactory donations. If it is not possible to meet a specific request,
Oro Valley shall inform the donor who may reserve the right to withdraw any
offer.
E. All donations are tax deductible. However, Town staff cannot provide
assessments of value of donated items. If needed for tax purposes, donors should
have a professional appraisal performed prior to donating any items. Town staff,
upon request,will provide a donation receipt that the donor may fill out for their
own use.
F. Donor information is confidential and will not be sold or shared with other
individuals, groups or organizations unless otherwise requested or authorized by
the donor.
L\Council Conwunicauons\?RAB policy•final fos council doc 4
IV.PROCESS
A. Conditional Donations
Conditional donations are those given upon the understanding that they will be
used as specified by the donor.
I. Monetary donations that are given for a specific purpose shall be used for that
purpose upon approval by the Town Manager, or designee, in case of
donations of$20,000 or less, or the Town Council in cases of donations
greater than $20,000. Offers of conditional monetary donations will be
communicated to the appropriate Town department or division and/or Town
board/commission for review and recommendations.
2. Equipment, artwork, and other materials donated upon condition of specific
use will be accepted on a case-by-case basis, taking into consideration the
needs of the Town and possible uses for the donated materials.
B. Unconditional Donations
Unconditional donations are those given to the Town without specification as to
their use.
1. The Town of Oro Valley shall provide a priority wish list to citizens and
potential donors outlining Town needs. All accepted donations are
appropriately and gratefully acknowledged in writing.
2. Monetary Donations
a. Those making monetary donations are encouraged to do so by check.
Checks should be made out to the "Town of Oro Valley" and forwarded to
the Town Manager, or designee.
b. Cash donations become public funds and shall be expended according to
the Town's procurement process.
3. Acceptance of Monetary Donations
a. Donations of$20,000 or more shall be reviewed by the applicable
department or division supervisor who will submit a use recommendation
to the appropriate board or commission, or other Town staff,based on
current needs within the Town. Any recommendations generated by
board/commission or staff review will be forwarded on to the Town
Council. The Town.Council must approve the donation before it may be
accepted.
U`,Ccuncdl Cammimicaboos`.PRAB policy-fini]for conoua doc 5
b. Donations between $1,000 and$20,000 shall be reviewed by the
applicable department or division supervisor to determine a use
recommendation. The supervisor shall submit their recommendation(s) to
the appropriate board or commission, or to other Town staff, for review
and any recommendations their review generates. The supervisor shall
then take a use recommendation to the Town Manager, or designee, for
approval.
c. Donations of$1,000 or less may be accepted by the applicable department
or division supervisor.
4. Non-Monetary Donations
a. Use of donated art will be determined by the Town staff with advice from
the Public Art Review Committee, based upon the appropriateness and
space availability within a park, building or facility.
b. Donated parks or playground equipment, furnishings and/or program
materials shall become the property of Oro Valley upon final. delivery. The
use of any such donated equipment is in the discretion of the Town
Manager, or designee.
c, The Town of Oro Valley does not offer pick-up services for donated
Nair
materials.
‘1111w
U;Council Ca-amumcationsTR4i3 policy•final for council da 6
SPONSORSHIP AGREEMENTS AND CORPORATE BRANDING
I. BACKGROUND
This section provides a sponsorship and branding policy for Oro Valley facilities,
properties, amenities, events and programs. This policy is not intended to address the
naming of parks and open spaces, as that is addressed by the OFFICIAL NAMING
AND RENAMING OF ORO VALLEY PARKS Policy. The intent of this Policy is to
establish a consistent approach, criteria and guidelines specific to the exclusive right
to use Oro Valley facilities,properties, amenities, events and programs as a means of
acknowledging a Sponsor.
II. DEFINITIONS
A. Sponsorship Agreement is a contract between the Town of Oro Valley and an
individual, corporation, partnership or other business entity or organization
zation
("Sponsor"), by the terms of which the Sponsor provides funds, goods or services
to the Town of Oro Valley, as consideration for recognition, acknowledgement or
other promotional considerations or benefits, with respect to Town owned and/or
managed facilities, properties, amenities, events and programs. Sponsorship
Agreements are distinct from donations or gifts to the Town for which there may
be limited recognition or no consideration, which are addressed in the RECEIPT
OF GENERAL GIFTS AND DONATIONS Policy.
B. Sponsorship Opportunity is any idea or proposal for sponsorship ghat has been
suggested for further consideration by the Town Manager, or designee, and Town
advisory boards/commissions.
C. Sponsorship Proposal is any document submitted by a potential sponsor for
consideration in response to a Request for Proposals.
III. PROCEDURE:
A. Sponsorship opportunities may be initiated by the Mayor and Council, Town Staff
or members of the public. All sponsorship opportunities shall be submitted to the
Town Manager, or designee, in writing.
B. Sponsorship opportunities shall be forwarded to the appropriate Town department
or division for farther investigation and discussion.
C. Town staff will prepare a written description of all submitted sponsorship
opportunities, defining the scope of a sponsorship program or project, including a
description of the community benefit, financial goals, means of recognition and
potential interested sponsors, and submit the description to the appropriate
advisory board and/or the Town Manager, or designee. After review is completed
and recommendations compiled, the sponsorship opportunity shall be forwarded
to the Town Council for approval. If a sponsorship opportunity will result in a
L\Council CJnunun1:.70oru\PRABpolicy-final fo-council dor 7
name change to an existing facility, the history and "legacy" of the current facility
name should be taken into consideration and/or incorporated within the proposed
new name.
D. If a sponsorship opportunity will result in over$20,000 in annual revenue, in-kind
goods or services to the Town, either through direct revenue or through the value
of the naming rights, Town Staff shall follow the Town's Request for Proposal
(RFP) process to solicit sponsorship proposals. Criteria for evaluating the
sponsorship proposals submitted will be determined before the RFP is issued, and
will be listed in the RFP,using the "General Guidelines" listed below and taking
into consideration the unique nature of each sponsorship opportunity. The
Sponsorship Agreement shall be awarded to the potential sponsor whose proposal
best conforms in all material respects to the requirements and criteria set forth in
the RFP.
E. If the sponsorship opportunity is anticipated to result in less than$20,000 in
annual revenue, goods and/or services to the Town, and does not involve naming
rights, Town Staff may contract directly with a Prospective Sponsor,without
issuing an RFP.
1. Town Staff will solicit potential sponsors by publicly announcing selection
criteria and providing a time period in which potential sponsors may respond.
2. The Town may elect to issue an RFP for Sponsorship Agreements which may
result in annual revenue less than$20,000, if it is deemed appropriate
considering the circumstances, or is otherwise deemed to be in the best
interest of the Town.
F. Town staff may solicit the assistance of a qualified third party firm that can
determine the value of any proposed naming rights.
IV.GENERAL GUIDELINES
A. The Town may actively solicit proposals for sponsorships, including naming
rights for Town facilities,properties, amenities, events and programs.
B. The Town will only enter into Sponsorship Agreements that are consistent with
the Town's character, values and service priorities.
C. No Sponsorship Agreement will impair or diminish the authority of the Town and
its responsibilities with respect to any municipal facility or event that is the
subject of the Agreement.
D. All Sponsorship Agreements shall be subject to all state, federal and local laws,
ordinances, rules, and regulations.
41110, E. All Sponsorship A eements will be subject to approval by the Town Council.
p P �'
L 1Council Communicauoas\PRAB policy-F.aal(oe council doc 8
F. The Town shall always have the right and opportunity to reject any submitted
proposal.
G. Any Sponsorship Agreement entered into by the Town shall include the right at
any time to suspend or terminate the agreement if the circumstances arise
whereby the continued arrangement would no longer satisfy the selection criteria
by which the Sponsorship was initially evaluated and approved. All Sponsorship
Agreements shall specify by the terms of the contract that any monies given to the
Town in consideration for sponsorship shall become the property of the Town and
shall not be returned or refunded.
H. The Town will not enter into a Sponsorship Agreement with the following:
1. Businesses that are subject to regulation or monitoring by local, state, or
federal law enforcement agencies, including the Oro Valley Police
Department, for regulatory compliance, including, but not limited to sexually
oriented businesses, bars, gun shops, manufacturers or sellers of firearms or
weapons.
2. Religious or political organizations.
3. Commercial enterprises whose business is substantially derived from the sale
and/or manufacture,of alcohol or tobacco, except under the condition that no
brand name of any alcoholic or tobacco product shall be used in the name of a
Town facility, program or event nor in the advertisement thereof.
4. Individuals or commercial enterprises having pending business transactions or
applications, or continuing business associations with the Town, if a
Sponsorship Agreement would create the appearance of impropriety.
U'rCOuoC:1 C�mc:nicancrosTRAP policy-final lbr rouoci;doc 9
Attachment C
Don H. Cox (520) 767-5677 (H)
1055 W. Squ wbush Ct. (520) 918-8888(Bus)
05-o VsaHey, 85737 'l 9:Tucsonbass aol.com
September 2, 2009
Ms. Ainsley Legner
Director
Oro Valley Parks and Recreation
11000 N. LaCanada
Oro Valley, AZ 85737
Dear Ms. Legner,
Per our previous conversations please accept this request for naming the senior softball
fields at James D. Kriegh Park for our great friend and"Mr. Oro Valley Senior Softball"
Don Harris. Many folks within the Parks and Recreation Department knew Don and can
attest to his tremendous demeanor and love for the sport.
Please let us know when the advisory board will consider this request so we may be
present. Additionally, if more informationis necessary please do not hesitate to guide us
through the process to insure a successful,positive outcome.
Thanks!!
J
IPi- ,
r`
.0._ .jDon Cox
Oro Valley Loop Team Representative
w a
September 2, 2009
Oro Valley Parks & Recreation Advisory Board
11000 LaCanada
Oro Valley, AZ, 85737
Dear Board Members,
The following request is being submitted pursuant to the Town of Oro Valley Naming
and Branding Policy, established by(R) 07-17, dated and adopted on February 7, 2007.
Within James D. Kriegh Park there are two softball fields that are dedicated for use by
the senior softball community in Oro Valley and surrounding communities. These fields
are maintained by the Oro Valley Parks and Recreation Department and those of us who
participate in this great recreational activity are grateful to the Town of Oro Valley for
their continued support.
At first blush it may appear to the average citizen that `Senior Softball' is one of those
activities available only for the purpose of making a menu attractive for every age. The
reality is that there are hundreds of Oro Valley seniors who participate on several teams.
Oro Valley Loop has a 50+team, a 65+team and this year there be enough for a 70+
team. Some play for the Vistoso Boomers who will field a 50+team and a 65+plus team.
l"` There is Tucson Orange, Tucson All Stars, the Voyagers and on and on. There are senior
softball teams in Saddlebrooke, Tucson, Green Valley and the numbers and locations
keep growing.
Within this vast senior softball community there was one name known to all. That name
was Don Harris. Don was the manager of the Oro Valley Loop teams. But in a more
global sense, Don Harris was to Pima County senior softball what Bill Gates is to the
computer world. Don recruited, recruited and recruited. Don maintained the financial
books for the Oro Valley teams. Don scheduled fields. Don scheduled games for ALL of
the aforementioned teams. Don coordinated meetings to plan softball tournaments. If it
was something that involved Senior Softball in Pima County, Don Harris was intimately
involved.
Within the last three years Don had a hip replaced and had triple bypass surgery. He
rehabilitated from both according to doctors orders (although it was frustrating to "take it
easy") and returned to the playing field more dedicated, more enthusiastic about life and
as a mentor to all of us who looked at him as a model of what could be if you only had a
big heart and a passion for what you love.
On Monday, August 17, 2009, Don Harris was preparing for just another softballg ame at
Murietta Park in Tucson. He arrived early and took his turn catching balls hit during
batting practice. Only when everyone else had batted he took his turn. He hit well that
day. When he finished he headed to the dugout. He never made it. That day, after that last
swing, Don Harris collapsed on the field. He died playing softball.
The visible contributions Don Harris made to the Oro Valley and Tucson metropolitan
area senior softball community are relatively easy to see. They are huge. The invisible
contributions he made to all of those who knew him are immeasurable and very personal
to each of us. Don Harris had a huge heart. And to every player who ever met Don, he
gave to them a little piece of his heart. On August 17th, 2009, he ran out ofp ieces.
It is the request of the members of the Oro Valley senior softball teams, and the hundreds
of senior softball players who have been touched by Don, that the two senior softball
fields at James D. Kriegh Park be named as follows:
Don Harris Memorial Senior Softball Fields.
It is further requested that the southern most field be named Harris Field# 1 and the
northern field be named Harris Field#2 and they be appropriately signed. Cost for such
signs will be the responsibility of the Oro Valley Loop Softball Team.
We will be happy to meet with you to discuss and/or answer anyq regarding uestions re ardin this
request at your pleasure.
Sincerely,
Bob Evans
Senior Softball League Member
Attachment D
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Attachment E
To whom it may concern, 9-17-2009
17 2009
The members of the Oro Valley softball team and local city council members have our
permission to use Donald E, Harris's name, in the pursuit of his park memorial plaque or
any other means of memorial in his honor.
Son, Brian
//
Wife, Carol-Aim
2
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: OCTOBER 21, 2009
TO: HONORABLE MAYOR AND TOWN COUNCIL
FROM: Paul R. Popelka, RLA/AICP, Acting Planning & Zoning Director
SUBJECT: Public Hearing: Resolution (R) 09- 71 , OV3-09-006, Weingarten Nostat Inc., represented
by Addis Signs, requests approval to modify a Pre-Annexation Development Agreement for
Oracle Crossings L.L.C. located at 7805 N. Oracle Road. The amendment would permit Krispy
Kreme to use a logo that is 61 square feet in size.
EXECUTIVE SUMMARY
The applicant is requesting to amend the Pre-Annexation Development Agreement (PADA) for a single tenant
within the Oracle Crossings Shopping Center. The amendment would permit Krispy Kreme to use a 61 square
foot cabinet/logo sign, on the north elevation of Pad 1 of the Oracle Crossings Shopping Center.
BACKGROUND
A PADA is a contract between the owners of the property and the Town of Oro Valley. The contract was
approved by Town Council and set specific sign standards that were used in the Oracle Crossings and Entrada
De Oro sign criteria. Any changes to these standards must be approved by Town Council, and the detailed sign
riteria amended by Development Review Board (DRB).
Approvals to Date for Oracle Crossings
• March 2003, PADA adopted by Resolution 03-28
• April 2003, Area Annexed
• June 2004, Development Plan approved
• October 2004, Sign Criteria approved
Current Site Conditions
• Approximately 256,000 square feet of commercial retail and restaurant space
• The building is 5,252 square feet in size
• Krispy Kreme occupies 1,796 square feet with 38 feet of storefront
• A 20 square foot wall sign on the east elevation has been permitted for Krispy Kreme.
PADA Sign Allowance
The signage standards within the PADA allow the developer to exceed current Oro Valley Zoning Code
Revised (OVZCR). The table on the following page is a summary of these standards as they relate to the front
tenant pads:
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page
lid
PADA Standard OVZCR Standard
Wall Sign Size 1.5/1 sign allowance 1/1 sign allowance for buildings
within 300 feet of the street
Number of wall signs Tenants may have wall signs on Tenant may have wall signs on
all four elevations maximum of two elevations
Allowance for cabinet/logo signs • 10 square feet for buildings with Not specified
up to 40 linear feet of building
frontage.
• 20 square feet for buildings
with up to 100 linear feet of
building frontage.
• 30 square feet for buildings
with over 100 linear feet of
building frontage.
Potential Compromise
Staff recognizes the applicant is requesting to exceed both the PADA and OVZCR standards. The Krispy
Kreme space very closely meets the building standard for the next higher logo allowance under the PADA,
which would allow a 20 square foot logo instead of a 10 square foot logo. Staff proposed the applicant use a 20,40
square foot logo because it is within 5% of the allowed size and fits well within the context of the total signage
proposal for Krispy Kreme. The compromise would have met the basic intent of the PADA regulation.
However, Krispy Kreme decided to initiate an amendment for approval of a 61 square foot logo/cabinet sign.
Surrounding Land Uses
Orientation Zoning Designation Subdivision Name/Land use
North: C-2 Entrada De Oro Shopping Center
South: C-2 Oracle Crossing Shopping Center
West: CR-1, Pima County Catalina Citrus Estates
East: C-2 Plaza Escodida Shopping Center
Other Jurisdictions
Krispy Kreme in Marana has two logo cabinet signs that are 44 square feet each. Krispy Kreme in Chandler has
two-30 square foot logo signs, and the Mesa distribution center has four wall signs that are 132 square feet each.
•
TOWN OF ORO VALLEY
':OUNCIL COMMUNICATION Page 3
ANALYSIS
Design Guideline: Compatibility
All of the wall signs within Oracle Crossings use individual pan channel letters or logos that meet the PADA
logo allowance. The applicant's proposal for a 61 square foot logo sign, while unique, is not compatible with
other wall signs in the area as it is six times the size of what would have otherwise been permitted, and is twice
the size of the maximum allowed logo sign for Oracle Crossings.
Design Guideline: In order to protect the visual serenity of the Town, design of signage should be based on
trying to get the information across with the least signage possible (Addendum A, Design Guidelines).
Based on the length of building frontage, the current PADA would allow up to 57 square feet of pan channel
lettering signage (or a wall sign), but only ten square feet for a logo cabinet sign. The applicant is requesting a
logo cabinet sign of 61 square foot sign on the north building elevation, a sign that is six times the size of what
is permitted for the Krispy Kreme tenant space. A larger tenant with over 100 linear feet of frontage is only
permitted to have a logo sign that is 30 square feet, half the size of the applicant's request. In sum, the
applicant's proposal does not meet the design guideline for the least signage possible because it exceeds current
PADA and OVZCR standards.
Lic
UMMARY OF FINDINGS
Findings in Favor
1. The sign is unique for this area.
Findings Against
1. The proposed logo is six times the size of the current PADA logo allowance.
2. The proposed sign is four square feet over the permitted wall sign allowance for a tenant with 38 linear
feet of frontage.
3. The proposal lacks compatibility with other signs in Oracle Crossings.
4. Approval of a single tenant to exceed the PADA would set precedent for other tenants to seek approvals
that exceed the PADA sign standards.
RECOMMENDATION
Staff recommends that Town Council deny the proposed amendment to the PADA for Oracle Crossings.
SUGGESTED MOTIONS
gby move to [adopt, adopt with conditions, OR deny] Resolution (R) 09- 71 , amendment to the Pre-
Annexation Development Agreement for Oracle Crossings.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Pag
Attachments:
1. Applicant's Proposal
2. Draft Resolution
w� y
tr't," ,
rI 1// f e
Paul R Popelka, Acting PlS.nning & Zoning Director
.67,4e4.1.Jere fl Watson, Interim Town Manager
Project Manager: Jonathan Lew, Planning Technician
Applicant Proposal for Amending Oracle Crossings PADA Text
September 2009
Existing Text:
6. Logos.
a. May be pan-channeled lettering, as provided herein, or cabinet signs.
b. May use the corporate colors as protected under federal law.
c. Sizes:
i) 10 square feet for buildings with up to 40 linear feet of building
frontage.
ii) 20 square feet for buildings with up to 100 linear feet of building
frontage.
iii) 30 square feet for buildings with over 100 linear feet of building
frontage.
Proposed Additional Text
iv) Krispy Kreme located at 7805 N. Oracle Road, may have a logo
cabinet sign on the north elevation that is 61 square feet in size.
,
WEINGARTEN REALTY 4440 N.36th Street,Suite 200
Phoenix,Arizona 85018
800.600.0886
602.263.8852 Fax
www.weingarten.com
September 18, 2009
Mr. Mike Addis
ADDIS1GNS, INC.
3808 East 38th Street
Tucson, AZ 85713
Re: Letter of Authorization
Dear Mike,
This letter will serve as authorization for Addisigns, Inc., to act on the behalf of
Weingarten Realty to submit a revision of the Oracle Crossings Pre-Annexation .
Development Agreement (PADA), to the Town of Oro Valley for approval. The revision
is to allow a 61 SF logo cabinet sign on the north side of Krispy Kreme's leased
premises at Oracle Crossings Shopping Center.
► Should you have any questions, please do not hesitate to contact me.
tor
Sincerely,
WEINGARTEN NOSTAT, INC.,
a Texas corporation
• I / C/
i /'
Deborah Brennand CPM CSM
,
Regional Property Manager
cc: CF/RF #0572-120 #LITUSOLO1
People-to-People. Coast-to-Coast.
Weingarten Realty is the trade name of Weingarten Realty Investors(the"trust")which is an unincorporated trust organized under the Texas Real Estate Investment Trust Act.Neither the shareholders
of the trust,nor its trust managers,officers,employees or other agents are personally,corporately or individually liable for any debt,act,omission or obligation of the trust,and all persons having claims
of any kind against the trust must look solely to the property of the trust for the enforcement of their rights.
•
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RESOLUTION NO. (R) 09- 71
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA,
AMENDING THE PRE-ANNEXATION DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND
B.P. MAGEE, L.L.C. AND FIDELITY NATIONAL TITLE
AGENCY, INC. TO ALLOW CRISPY KREME TO HAVE A LOGO
SIGN UP TO 61 SQUARE FEET IN SIZE FOR ITS ORACLE
CROSSINGS STORE LOCATED AT 7805 N. ORACLE ROAD
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona
vested with all associated rights, privileges and benefits and is entitled to the immunities
and exemptions granted municipalities and political subdivision under the Constitution
and laws of the State of Arizona and the United States; and
WHEREAS, on March 31, 2003, Council approved Resolution No. (R) 03-28, approving
a Pre-Annexation Development Agreement between the Town and B.P. Magee, L.L.C.
and Fidelity National Title Agency, Inc., the developer of Oracle Crossings; and
WHEREAS, the Pre-Annexation Development Agreement provided specific sign
standards for the Oracle Crossings development; and
to, WHEREAS, Weingarten Nostat, Inc., represented by Addis Signs, requests approval of
an amendment to the Pre-Annexation Development Agreement which would permit
Krispy Kreme to have a logo sign up to 61 square feet, six (6) times larger than the
allowed logo size and four (4) square feet larger than the permitted wall sign allowance.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Oro Valley, that:
1. Amending the Pre-Annexation Development Agreement between the
Town of Oro Valley and B.P. Magee, L.L.C. and Fidelity National Title
Agency, Inc. to allow Krispy Kreme at Oracle Crossings to have a logo
sign up to 61 square feet in size is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,
Arizona this 21day of October , 2009.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
F:\Planning&Zoning\Misc\Krispy Kreme\Resolution.doc Town of Oro Valley Attorney's Office/ca/I00609
ATTEST: APPROVED AS TO FORM: ,4101
Kathryn Cuvelier, Town Clerk Tobin Rosen, Town Attorney
Date: Date:
F:\Planning&Zoning\Misc\Krispy Kreme\Resolution.doc Town of Oro Valley Attorney's Office/ca/100609
TOWN COUNCIL REPORT
DATE: October 20, 2009
TO: Mayor and Town Council
FROM: Amanda Jacobs, Economic Development Manager
CC: Jerene Watson, Interim Town Manager; Department Directors
SUBJECT: Response to Requests from Council
The attached information report responds to requests from members of the Town
Council for the October 21, 2009, Council agenda:
Council Member Barry Gillaspie
• Request to Modify a Pre-Annexation Development Agreement for Oracle
Crossings
TOWN COUNCIL REPORT
DATE: October 20, 2009
TO: Council Member Barry Gillaspie
FROM: Paul Popelka, Interim Planning & Zoning Director
SUBJECT: RESPONSE TO COUNCIL MEMBER BARRY G1LLAPSIE
REGARDING WEINGARTEN'S REQUEST FOR APPROVAL TO
MODIFY A PRE-ANNEXATION DEVELOPMENT AGREEMENT
FOR ORACLE CROSSINGS L.L.C. THE AMENDMENT WOULD
PERMIT KRISPY KREME TO USE A LOGO THAT IS 61 SQUARE
FEET IN SIZE, AGENDA ITEM 2
This report is in response to Council Member Barry Gillaspie's question as to why
the Krispy Kreme detailed sign criteria would be amended by the Development
Review Board (DRB) rather than the Board of Adjustment (BOA).
DISCUSSION
The Pre-Annexation Development Agreement (PADA) outlines sign standards
that are the basis for detailed sign criteria. Any modification to the sign criteria
will require DRB approval; however, because the standard that the applicant is
seeking to modify is within the PADA, Town Council approval is required to
modify those standards within the PADA. BOA would only hear the case if it was
a variance from the Oro Valley Zoning Code Revised (OVZCR).
RECOMMENDATION I CONCLUSION
This report is for information only.
I .
TOWN OF ORO VALLEY v
COUNCIL COMMUNICATION MEETING DATE: October 21,2009
TO: HONORABLE MAYOR & COUNCIL
FROM: TOBIN ROSEN, TOWN ATTORNEY, SANDRA ABBEY, HUMAN RESOURCES
DIRECTOR
SUBJECT: RESOLUTION NO. (R)09-68 AUTHORIZING AND APPROVING AN EMPLOYMENT
AGREEMENT FOR INTERIM TOWN MANAGER G. JERENE WATSON TO SERVE
AS INTERIM TOWN MANAGER PENDING THE PROCESS TO APPOINT A
PERMANENT TOWN MANAGER (CONTINUED FROM OCTOBER 7, 2009)
SUMMARY:
This item was continued from the October 7, 2009 Town Council meeting to the October 21, 2009 Town
Council meeting. Please see attached Council Communication, Resolution and Employment Agreement.
ATTACHMENTS:
1. Council Communication dated October 7, 2009
. Resolution No. (R)09-68
Lir Employment Agreement
w
--1----7-7-74(------ N
/ ,
Tobin Rosen, Town Attorney
4
7/
Sandra Abbey, Human Resour s Director
TOWN OF ORO VALLEY 7
Page 1 of 1
iilliiisy')UNCIL COMMUNICATION MEETING DATE: 10/7/09
TO: HONORABLE MAYOR AND COUNCIL
FROM: TOBIN ROSEN, TOWN ATTORNEY, SANDRA ABBEY, HUMAN
RESOURCES DIRECTOR
SUBJECT: RESOLUTION NO. (R) 09- 68 , A RESOLUTION OF THE MAYOR
AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA,
AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT
FOR ASSISTANT TOWN MANAGER G. JERENE WATSON TO SERVE
AS INTERIM TOWN MANAGER PENDING THE PROCESS TO
APPOINT A PERMANENT TOWN MANAGER
SUMMARY:
Mayor and Council consideration is requested for an employment agreement appointing
Assistant Town Manager G. Jerene Watson as Interim Town Manager pending the process to appoint a
permanent Town Manager. The attached Interim Town Manager Employment Agreement has been prepared by
Human Resources with the assistance of the Legal Department, and is acceptable to Ms. Watson.
FISCAL IMPACT:
tar The interim agreement reflects a temporary pay increase to reflect the same base salary that
Town Manager David Andrews had been earning.
ATTACHMENTS: Resolution No. (R) 09- 68
SUGGESTED MOTIONS:
I move to approve Resolution No. (R) 09- 68, approving an employment agreement for Assistant Town
Manager G. Jerene Watson to serve as Interim Town Manager pending the process to appoint a permanent
Town Manager.
OR
I move to deny Resolution No. (R) 09-68, approving an employment agreement for Assistant Town Manager G.
Jerene Watson to serve as Interim Town Manager pending the process to appoint a permanent Town Manager.
Tobin Rosen, Town Attorney `
Sandra Abbey, Huma esources Director
RESOLUTION NO. (R) 09- 6 8
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING AN EMPLOYMENT AGREEMENT FOR
ASSISTANT TOWN MANAGER G. JERENE WATSON TO SERVE
AS INTERIM TOWN MANAGER PENDING THE PROCESS TO
APPOINT A PERMANENT TOWN MANAGER
WHEREAS, the Town of Oro Valley is a municipal corporation within the State of
Arizona and is vested with all the rights, privileges and benefits and is entitled to the
immunities and exemptions granted to municipalities and political subdivisions under the
Constitution and laws of the State of Arizona and the United States; and
WHEREAS, the Town desires to appoint Assistant Town Manager G. Jerene Watson as
Interim Town Manager of the Town of Oro Valley, during the pendency of a replacement
process for the Town Manager, commencing October 7, 2009; and
WHEREAS, it is the desire of the Town to secure and retain the services of G. Jerene
Watson as Interim Town Manager and to provide inducement for her to remain in such
employment, until such time as a Town Manager is hired or until this Employment
Agreement is terminated by majority vote of the Town Council; and
WHEREAS, G. Jerene Watson desires to accept the assignment as Interim Town
Manager of the Town of Oro Valley until such time as a Town Manager is hired or until
this Employment Agreement is terminated by majority vote of the Town Council; and
WHEREAS, it is in the best interest of the Town to enter into the Employment
Agreement with G. Jerene Watson, attached hereto as Exhibit "A" and incorporated
herein by this reference, in order to set forth the terms and conditions of the Employment
Agreement.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley, that:
1. The Employment Agreement between the Town of Oro Valley and G. Jerene
Watson, attached hereto as Exhibit "A", is hereby authorized and approved.
2. The Mayor and other administrative officials are hereby authorized to take
such steps as necessary to execute and implement the terms of the
Employment Agreement.
F:\Manager\Contracts\Town Manager\Resolution appointment Intenm Town Manager.doe Town of Oro Valley Attorney's Office/ca/092909
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, INS
Arizona, this 7th day of October , 2009.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney
Date Date
F:\Manager\Contracts\Town Manager\Resolunon appointment Intenm Town Manager.doc Town of Oro Valley Attomey's Officc/ca/092909
EXHIBIT "A"
tie
(itw
Le'
F.\Manager\Contracts\Town Manager\Resolution appointment Interim Town Manager.doc Town of Oro Valley Attorney's Office/ca/092909
Lor
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 2009 by and between the Town of Oro Valley, a municipal corporation
in Pima County, State of Arizona, hereinafter called "Employer", and G. Jerene Watson,
hereinafter called "Employee".
WITNESSETH
WHEREAS, Employer desires to engage the employment services of Employee
as Interim Town Manager of the Town of Oro Valley, during the pendency of a
replacement process for the Town manager, commencing October 7th, 2009; and,
WHEREAS, employer is desirous of providing certain benefits accruing to
employee for the good of the employee, while the employee desires to provide the
benefits of her leadership and expertise on behalf of the employer; and
WHEREAS, it is the desire of the Town Council to secure and retain the services
of Employee and to provide inducement for her to remain in such employment, until such
time as a Town Manager is hired or until this agreement is terminated by majority vote of
the Council, and
WHEREAS, Employee desires to retain employment as Interim Town Manager
of the Town of Oro Valley;
NOW, THEREFORE, in consideration of mutual covenants herein contained,
the parties agree as follows:
Section 1. Duties
Employer agrees to employ Employee as Interim Town Manager of said
Employer and Employee agrees to accept employment as Interim Town Manager for the
Town of Oro Valley, to perform the functions and duties specified in State Law and by
the Town Code of the Town of Oro Valley and as further set forth in the approved job
description (attachment A) for the position of Town Manager, and to perform such other
legally permissible and proper duties and functions in a professional manner, as the Town
Council shall from time to time assign.
Section 2. Term
A. Employee agrees to commence employment in the position of Interim
Town Manager on October 7th, 2009. The term of this agreement shall run
until such time as the Mayor and Council appoint a permanent Town
Manager.
Nii00
B. Nothing in this agreement shall prevent, limit or otherwise interfere with
the right of the Town Council to terminate the services of Employee at any
time for cause, such as malfeasance in office, willful breach or habitual
neglect of duties or illegal activity or criminal misdemeanor or felony
convictions, occurring either within or outside of Employee's scope of
employment, or similar acts or omissions.
C. The Employee shall serve in the capacity of Interim Town Manager at the
pleasure of the Mayor and Council and this agreement may be ended
without cause by a majority vote thereof subject only to the provisions set
forth in Section 4 of this agreement.
D. Nothing in this agreement shall prevent, limit or otherwise interfere with
right of the Employee to resign at any time from this position with
Employer, subject only to the provisions set forth in Section 4 of this
agreement.
Section 3. Suspension
Employer may suspend the Employee with full pay and benefits at any time
during the term of this Agreement. Any decision to terminate the Employee other than
for cause shall be in accordance with Section 4.
Section 4. Termination Without Cause
A. In the event a new Town Manager is hired or this agreement is terminated
by the Town Council other than for cause, during such time that Employee
is willing and able to perform her duties as Interim Town Manager under
this agreement, then Employer agrees that Employee shall return to her
previous position as Assistant Town Manager under the same
compensation, terms and conditions as existed at the commencement of
this Agreement, except that if Employee would have received a salary
increase based on merit or cost of living adjustment, her salary will be
updated to reflect such increase.
B. In the event Employee voluntarily resigns her position with Employer,
then Employee shall give Employer ninety (90) days notice in advance
unless the parties otherwise agree.
Section 5. Termination of Interim Town Manager Agreement
In the event that Employee returns to her previous position as Assistant Town
Manager pursuant to Section 4 above, Employee waives the right, and covenants not to
bring legal action against the Town of any of its officers or employees for any act or
omission or any action for any and all damages, attorneys fees or cost arising out of her
employment with the Town of Oro Valley or her removal as Interim Town Manager by
the Town of Oro Valley, so long as such acts, omissions, actions, damages and claims
upon which claim, lawsuit, damages, fees or costs is based, arises or occurs within the
scope of employment or official capacity of any agent, officer or employee of the Town.
However, nothing written in this section shall result in a waiver or shall nullify the
Employer's obligation pursuant to Section 13 of this agreement.
Section 6. Performance Goals and Evaluation of Employee
The Town Council and Employee shall define such goals and performance
objectives necessary for the proper operation of the Town of Oro Valley in accordance
with the Town Council's policy objectives. Employee's performance shall be formally
evaluated within 30-days prior to the one year anniversary of this agreement in the event
a new Town Manager has not been hired at that time.
Section 7. Salary and Salary Adjustments
Employer agrees to pay Employee for services rendered pursuant hereto a salary
of ONE HUNDRED FIFTY-TWO THOUSAND NINE HUNDRED SIXTY-SEVEN
DOLLARS ($152,967) ANNUALLY payable in installments at the same time and in the
same manner as other salaried employees of the Employer. Additionally, a deferred
compensation payment into a 457 retirement savings account with ICMA-RC shall be
made in an amount of$1,000 per month (payable in equal installments each regular pay
period).
If Employee remains in this position for a sufficient length of time to receive an
annual performance appraisal by the Town Council, the salary and allowances of the
Employee may be adjusted by the Town Council upon satisfactory job performance.
Additionally, if an annual cost of living adjustment is approved for all employees of
Employer, such cost of living adjustment will be applied to Employee's salary at the
same time and in the same manner as other salaried employees of the Employer.
Section 8. Hours of Work
Employee shall devote full time to the business of Employer and shall neither
accept nor engage in outside activities whether paid or unpaid, which interfere with
Employee's responsibilities to Employer.
Section 9. Benefits
A. Mileage. The Town of Oro Valley will pay the Employee the
current Town vehicle mileage per mile traveled using her personal
vehicle on Town business at the current rate allowed by Town
regulations.
B. Vacation and Sick Leave. Employee shall accrue vacation at the
rate of twenty-two (22) days per year. Sick leave shall be accrued
at the rate set forth in the current personnel rules and procedures in
effect at the time of the accrual.
C. Health, Dental, Life and Disability Insurance. Employer agrees
to provide health, vision, dental, life and disability insurance
coverage for the Employee and his family under the same terms as
such benefits are paid to all other Town employees.
D. Retirement. Employer agrees to allow Employee to participate in
the Arizona State Retirement System (ASRS) under the same
terms and at the same co-contribution costs as paid by its other
management employees.
E. Miscellaneous Benefits Programs. Employer agrees to allow
Employee to participate in such other employee benefit programs,
and under the same terms and conditions as are available to all
other Town employees.
Section 10. Bonding
Employer shall bear the full cost of any fidelity or other bonds required of
Employee under any law or ordinance.
Section 11. Dues and Subscriptions
Employer agrees to budget for and to pay reasonable costs for professional dues
and subscriptions of Employee, including Service Club dues subject to budgeting
constraints.
Section 12. Professional Development
A. Employer agrees to budget for and pay reasonable travel and subsistence
expenses of Employee for professional and official travel, meetings and
occasions necessary to continue the professional development of
Employee and to allow Employee to adequately pursue necessary official
and other functions for Employer, for example the Annual Conference of
International City Management Association, the national and state
meetings of city management organizations and such other national,
regional, state and local governmental groups and committees thereof on
which the Employee serves as a member.
B. Employer also agrees, subject to budgeting constraints, to budget and to
pay for reasonable travel and subsistence expenses of Employee for short
courses, institutes and seminars that are necessary for her professional
development and for the good of the Employer.
Section 13. Indemnification
Employer shall defend, save harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring within the scope and in the
performance of Employee's duties as Interim Town Manager. This indemnification shall
not extend to any acts or omissions occurring outside of Employee's scope of
employment or outside of the performance of Employee's duties as Interim Town
Manager.
Section 14. Other Terms and Conditions of Employment
A. The Town Council, in consultation with the Employee, shall fix any such
other terms and conditions of Employment as it may determine from time
to time, relating to the performance of Employee, provided such terms and
conditions are not inconsistent with or in conflict with the provisions of
this agreement, the Town of Oro Valley Code or any other law.
B. All other provisions of the Oro Valley Town Code, and regulations and
policies of Employer relating to vacation and sick leave, retirement and
pension system contributions, holidays and other fringe benefits and
working conditions as they now exist or hereafter may be amended, shall
apply to the Employee as they would to other management employees of
the Employer, to the extent they are consistent with the terms of this
Agreement.
Section 15. Notices
%sr Notice pursuant to this agreement shall be given as follows:
A. Employer Town Clerk's Office
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
B. Employee Town Manager's Office
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
Section 16. General Provisions
A. The text herein shall constitute the entire agreement between the parties.
Any representations, statements, promises or understandings not contained
herein shall be of no continued force, effect or validity.
B. This agreement shall be binding upon and inure to the benefits of the
parties, and their respective heirs, successors and assigns.
C. This agreement shall be effective October 7th, 2009.
a T •
D. If any provisions or any portion thereof contained in this agreement is held
unconstitutional, invalid or unenforceable, the remainder of this agreement
mii00
or portion thereof, shall be deemed severable, shall not be affected and
shall remain in full force and effect.
IN WITNESS WHEREOF, the Town of Oro Valley caused this agreement to be signed
and executed in its behalf by Paul H. Loomis, Mayor of the Town of Oro Valley, and
duly attested by its Town Clerk, and Employee has signed and executed this agreement,
both in duplicate, the day and year first above written.
TOWN OF ORO VALLEY
Paul H. Loomis
Mayor
ATTEST: *441110
Kathryn E. Cuvelier
Town Clerk
(SEAL)
G. Jerene Watson
Employee
APPROVED AS TO FORM:
Tobin Rosen
Town Attorney
4110, ATTACHMENT A
Job Description— Town Manager
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4%fa;\ \, z4\x \ Town of Oro Valley Classification Description
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Title: Town Manager Department:g Town Manager
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Job Code: 1010 FLSA: exempt 1 Salary Grade: 95
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POSITION SUMMARY: Under direction of the Mayor & Council, directs the provision
of Town services to citizens of Oro Valley through implementation of adopted policies of a
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the Mayor and Town Council in order to protect the public's health, safety, and welfare.
I
Essential functions, as defined under the Americans with Disabilities Act, may include the following duties, '
knowledge, skills and abilities. This list of duties is illustrative only, and is not a comprehensive listing of ic
all functions and duties performed by positions in this class. Incumbents in this class may not be required
• : to perform all duties listed and may be required to perform additional position-specific duties.
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ESSENTIAL FUNCTIONS:
• Develops, administers, and implements public policy set forth by the Mayor and il
Town Council.
• Provides oversight and assists departmental Directors in the analysis and
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resolution of problems and the development of service delivery strategies and
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policies.
• Prepares the formal performance evaluation of assigned department staff. 5
• Formulates and balances Town and department operating budgets to maximize
financial and human resources.
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• Reviews financial documents and reports and approves purchases, payments, and :E
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requests for sensitive expenditures including travel, training, and professional
development. 2
• Reviews budget projections, financial analysis, and departmental operating
: budgets. ,,
• Prepares balanced annual budget for Town Council review and adoption.
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• Attends meetings regarding existing local issues as well as regional matters. is'l
• Interviews, hires, and terminates key Town employees and resolves other Human
Resources issues.
Responds to citizen complaints. t,,:,
• Communicates with outside agencies, private industries, and Federal & State }
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representatives for governmental operations. .0
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• Prepares and disseminates Town information to the public.
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ESSENTIAL KNOWLEDGE AND SKILLS:
• Knowledge of Town and Department policies and procedures.
• Knowledge of management and/or supervision principles.
• Knowledge of strategic planning and budgeting principles.
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• Knowledge of personal computer hardware and software.
• Skill in interpreting and applying relevant State and Federal statutes, and Town
ordinances, codes, rules, and regulations.
• Skill in assessing and prioritizing multiple tasks, projects, and demands.
• Skill in working within deadlines to complete projects and demands.
• Skill in oral and written communication.
• Skill in establishing and maintaining effective working relationships.
MINIMUM QUALIFICA TIONS:
• A Masters degree in Business Management, Public Administration or related
field.
• Five (5) years experience as a Department Head, Division Manager, and/or
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Assistant/Deputy City Manager; OR an equivalent combination of education and
experience.
ENVIRONMENTAL FACTORS and WORKING CONDITIONS:
f FN:
• Work is primarily performed in an indoor environment, however, may also
include site visits.
• Work also includes driving in local traffic to regional meetings and/or travel to
conferences, seminars, or meetings.
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TOWN OF ORO VALLEY 4
Page 1 of 1
'OUNCIL COMMUNICATION MEETING DATE: October 21,2009
TO: HONORABLE MAYOR AND COUNCIL
FROM: Tobin Rosen, Town Attorney
SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING TRANSITION AND TOWN
MANAGER RECRUITMENT PROCESS
SUMMARY:
This item isp resented to allow the Council the opportunity to give direction to staff with respect to the transition and Town Manager recruitment process, should the Council so desire.
y..
Tobin Rosen, Town Attorney
Je rne Watson, Interim Town Manager
� 3
TOWN OF ORO VALLEY
Page 1 of 1
-'OUNCIL COMMUNICATION MEETING DATE: 10/21/09
411kor
TO: HONORABLE MAYOR AND COUNCIL
FROM: MARY K. DAVIS, COMMUNICATIONS ADMINISTRATOR
SUBJECT: RENEWAL OF FARMER'S MARKET CONTRACT
SUMMARY:
Since August, 2003, the Town has entered into a lease agreement with the Maya Tea Company, LLC for the
purpose of allowing a Farmer's Market to take place on Town property. This lease has been renewed annually
since September, 2004. Currently the lease renews annually on November 1. Renewal of the lease may be
automatic for one year with the option to renew for three additional years at one year intervals with written
approval of the Town Manager and Lessee.
Vice Mayor KC Carter, with a second by Council Member Al Kunisch, requested the lease be brought before
Council at a regular council session for review and discussion, with possible consideration to change the terms
of the contract with respect to time extension and final approval.
FISCAL IMPACT:
There is no fiscal impact with this action.
(ter TTACHMENTS:
Farmer's Market Annual Lease Agreement
SUGGESTED MOTIONS:
I move that the contract...
/11
'Agit
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...
ar Davis, $ 5 " niers Administrator
Je e Watson, Interim I own Manager
RENEWAL OF
46/r THE ORO VALLEY COURTYARD FARMERS MARKET LEASE
This Renewal extends the term of the original Oro Valley Courtyard Farmers Market
Lease (the "Lease") dated November 1, 2006 for an additional one (1) year, from
November 1, 2008 through November 1, 2009, pursuant to Section 5 of the original
Lease. All terms and conditions of the original Lease remain in full effect.
Lessor Lessee
The Town of Oro Valley, an Arizona Maya Tea Company, L.L.C.
Arizona municipal corporation
By:
By:
David Andrews, Town Manager IS11 1.1A14
(111w ATTEST:
"-#1-1
Kat n E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Tobin Rosen, Town Attorney
FAManager\Public Relations\Farmers Market Lease\Lease renewal for 08-09.doc
ORO VALLEY COURTYARD FARMERS MARKET LEASE
This Lease entered into this day No\Ye,,,,Aal-N 2006 by and between the Town of
Oro Valley (the "Town") an Arizona Municipal Corporation, and Maya Tea Company,
L.L.C. ("Lessee,") for use of the Town Courtyard (the "Courtyard") located at 11,000
North La Canada Drive, Oro Valley,Arizona 85737.
1) Premises Town hereby leases to the Lessee, and the Lessee hereby leases
from the Town, the Town Courtyard ("Courtyard') as more fully described in
Exhibit"A,"and incorporated herein by this reference.
2) Representatives: For the purpose of efficient administration of this Lease the
representative of the Town shall be the Town Manager or his designee, and the
representative of Lessee shall be Maya Tea Company, L.L.C.
3) Use: Lessee shall use the premises solely for the purpose of a"Farmers Market."
4) Term and Frequency: Except as provided in Section 29, Lessee is to have and
to hold the a ove-described each Saturday of each month commencing no later
than ! \I k. 01. and terminating one (1)year from that date. Lessee shall
not begin setup before 6:30 AM and shall not begin operations before 8:00 AM.
Removal of all booths, appurtenances and facilities etc. permitted to be installed
shall be completed by 2:00 PM. The frequency of the Farmers Market may be
amended only by written amendment as agreed to by and between the
Representatives.
Renewal: The Lease may be automatically renewed for one (1) year with the
option to renew for three (3) additional years at one (1)year intervals with written
approval of the Town Manager and Lessee.
6) Qualified Vendor: Producers of food products on agricultural lands, farms and
gardens are qualified vendors with or without an Oro Valley Business License.
Resellers of food products from agricultural lands, farms and gardens are only
qualified vendors once they have obtained a valid Oro Valley Business License.
a. "Producer" includes owners, proprietors or tenants of agricultural lands,
orchards, farms and gardens whereon food products are grown, raised or
prepared for market.
b. "Food products" include every product of the soil in its natural or
manufactured state, and swine, fowls, eggs and milk and the products thereof.
Exclusivity of Vendor: Lessee shall permit all vendors to participate in the
Farmers Market on a non-exclusive first come first serve basis based on criteria
to be approved by the Town Manager or his designee.
8) Vendor Spaces: Lessee shall not permit a vendor to affix or anchor anything to
Town property. All vendor equipment shall be freestanding.
1
9) Services: Town agrees to provide electricity, water and restroom facilities for
each Farmers Market event on an as needed basis. Lessee agrees to furnish, for
each Farmers Market event, normal janitorial and trash removal service for all
leased facilities and grounds including the restrooms, and to return all leased
facilities and grounds to the same condition of cleanliness that the facilities were
found in prior to the Farmers Market.
10) Cleaning of Premises/Courtyard: Lessee agrees to keep the
Premises/Courtyard clean as follows:
a. At the conclusion of each Saturday Farmer's Market, Lessee shall police the
Premises/Courtyard and pickup all trash, coffee grounds, plant parts etc.
associated with the operation of the Farmers Market.
b. At least twice during the term of this lease Lessee shall deep clean the
Courtyard/Premises concrete and brick areas using techniques and cleansers
approved by the Town.
11) Rental Rate: The Rental Rate shall be L % of all space rent received by
Lessee for each space rental.
12) Rent: Lessee shall pay, without demand, together with any and all sales, use
and state taxes arising or accruing during the term of the leasehold in the
following basis:
The Lessee hereby covenants and agrees to pay the Rental Rate, or such higher
rentals as shall be approved by the Town Council on or before the last Monday of
each month; provided, however, that Lessee's obligation with respect to such
higher rentals shall be limited to an increase of twelve per cent (12%) of the
Town's portion of the rent over the rentals or Lessee's previous year's rental rate,
based on same number of days usage, whichever is greater.
13) Deposit Due: A damage deposit of$1000 shall be deposited by Lessee with the
Town to cover damage caused to Town property resulting from the existence,
and operation of the Farmers Market. This damage deposit in no way limits
Lessee's responsibility to pay for any and all damage to Town property resulting
from this Lease.
Rent shall be paid to: The Town of Oro Valley. Lessee also covenants and
agrees to pay interest at the rate of eighteen (18%) percent per annum for any
payment of rent due and payable and not received by Town on or before thirty
(30)days from due date. Time is of the essence in this Lease.
14) Final Balance: Shall be due upon completion of the final event and payable at
scheduled settlement with the Town Finance Department.
15) Liquidated Damages: If Lessee cancels any event or significantly reduces the
space reservation covered by this Lease, Lessee agrees to pay to Town the
following amounts as liquidated damages and not as a penalty, and the parties
agree that such amounts constitute reasonable provision for liquidated damages:
i....,10111620CrThiaberi market Lam ZOiO‘ 07.doc
a. if Lessee cancels more than two (2) farmers market events within a
calendar year, Lessee shall forfeit ten percent (10%) of the Damage
deposit provided in Section 12 of this Lease.
b. If Lessee cancels more than four (4) farmers market events within a
calendar year, Lessee shall forfeit twenty percent (20%) of the Damage
deposit provided in Section 12 of this Lease.
c. if Lessee cancels more than six (6) farmers market events within a
calendar year, Lessee shall forfeit forty percent (40%) of the Damage
deposit provided in Section 12 of this Lease.
16) Notices: For purposes of notice or demand, the respective parties shall be
served by certified or registered mail, return receipt requested, at the following
addresses.
Town: Town Manager
11,000 N. La Canada Drive
Oro Valley, Arizona 85737
Cc: Town Attorney
11,000 N. La Canada Drive
Oro Valley, Arizona 85737
Lessee: Maya Tea Company, L.L.C.
225 W. Flores Street
Tucson,Arizona 85705
17) Exculpation and Indemnification Clause: The Lessee hereby indemnifies,
defends, and holds harmless the Town of Oro Valley, its agents, representatives,
officers, directors, officials and employees from and against all claims, damages,
losses and expenses (including but not limited to attorney fees, court costs, and
the cost of appellate proceedings), relating to, arising out of, or alleged to have
resulted from the negligent acts, errors, mistakes, omissions in the work or
services of the Lessee, the Lessee's employees, or the Lessee's agents. The
duty to indemnify, defend, and hold harmless the Town, its agents,
representatives, officers, directors, officials and employees shalt arise in
connection with any claim, damage, loss or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment, or destruction of
property, caused by any negligent acts, errors, mistakes, omissions in the work
or services of the Lessee offered through the Town of Oro Valley, Oro Valley,
Arizona, including any employee or agent of the Lessee or any other person for
whose negligent acts, errors, mistakes, omissions in the work or services that the
Instructor may be legally liable.
All agreements and understandings between the parties hereto are embodied
and expressed herein and the terms of this Indemnification are contractual and
not a mere recital.
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1
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18) Ordinances and Regulations: Lessee shall comply with all applicable laws,
statutes and ordinances and all rules and requirements of the Town. Lessee shall
not admit to the premises a larger number of persons than the total number
designated by the Town Manager or his designee as the capacity or the number
that can safely and freely move about.
19) Alcoholic Beverages: No alcoholic beverages shall be allowed on and/or
served on Town Property.
20) Musical Performance: The volume of any musical performances, live or played
back from recorded media, shall be controlled by Lessee in such a manner that it
does not intrude into abutting residential areas
21) Responsibility for Damage: If the leased premises or any portion thereof, or
any structure attached thereto, or any equipment, fixture, or other item contained
shall be destroyed, damaged, marred, altered, or physically changed during the
term in any manner whatsoever, then Lessee shall be responsible.
Lessee is to properly care for all equipment entrusted to Lessee during the term
of this Lease and all such equipment so entrusted which is lost, stolen, or
disappears shall be the sole responsibility of Lessee and Lessee shall pay the full
replacement cost thereof to Town.
22) Articles Left on Premises: Any article remaining on the leased premises left,
lost or checked by persons attending the farmers market shall be collectible
solely by Town.
23) Signs: Lessee, its agents, exhibitors, et al., shall only post signs as follows:
a. Construction: any and all signs shall be constructed of materials
approved by the Oro Valley Zoning Administrator and be constructed
such that the integrity of the sign will not degrade while the sign is in
place.
b. Frequency: No more than 90 days per year and no more than 10 days per
month.
c. Number: No more than 4 signs per month.
d. Placement: Signs shall be placed by the Public Works Department in 12
predetermined locations on a rotating basis.
24) Town and Charitable Participation:
a. Town reserves, and at all times shall have the sole right to sell or
participate in any Farmers Market for the purpose of promoting the Town
and/or Town activities.
b. Lessee shall provide one vendor booth without cost for use by the
Greater Oro Valley Arts Council each week that the Market is held.
AditioakFarsocrs Marim L1.04,2004-20117Vanners mato La.zon o•r.ioc
c. Lessee shall reserve a minimum of one booth or 10% of the number of
vendor booths for any given Market event, whichever is greater, for
qualified civic and not-for-profit organizations. The Town Manager shall
determine whether a civic and/or not-for-profit organization is qualified.
All federal, state, and local laws and/or regulations related to copyright,
trademarks, etc., must be complied with by the Lessee and all exhibitors selling
such items on the premises. Further, the Lessee agrees to indemnify and
completely hold harmless the Town, and to pay all costs related to any violation
of the above.
25) Use of Machinery: Lessee shall not, without the written consent of Town, put up
or operate any engine or motor or machinery on the premises or use oils, burning
fluids, camphene, kerosene, naphtha or gasoline for either mechanical or other
purposes or any other agent than gas or electricity for illuminating the premises.
All decorative materials must be flameproof before the same will be allowed and
should have written verification of such flameproof treatment or qualities.
26) Traffic Control: Lessee shall be responsible for any and all necessary traffic
control measures for the Market In the event the Town Manager or his designee
determines that additional traffic control is necessary, Lessee shall utilize
qualified traffic control professionals.
27) Assignment and Subletting: Lessee shall have no right to assign or sublet this
Lease without the prior written consent of Town. The criteria for approving such
an assignment or subletting includes: (a) net worth; (b) industry reputation of
assignee or sublessee; (c) experience; (d) business reputation; and (e) any and
all other criteria that Town shall find relevant.
The terms assignment or subletting as used in this lease, shall include any and
all transfers of Lessee's interest in this Lease whether voluntary or involuntary,
including any lien upon Lessee's interest, or any transfer by Lessee, any
assignee or sublessee, heir, personal representative, or successor of Lessee, or
by any receiver or trustee with jurisdiction over Lessee, a subsequent assignee
or sublessee or its property.
28) Default and Town's Remedies: Default shall be defined as the untimely
performance of any and all clauses in this Lease. The Town may exercise any
and all of the remedies herein enumerated or permitted by law. Default may
include:
a. Failure to pay any rent payment or any portion thereof within ten (10)
days of due date;
b. Abandonment of the leased premises,whether partial or total;
c. Failure to cavy insurance as outlined in Paragraph#27;
d. Any and all checks given by the Lessee returned for insufficient funds or
ma.Lese 2O 65OQ7*c
N.S.F; and,
e. Any other event which the Town deems to be a material default;
furthermore:
Town may exercise any or all remedies enumerated or permitted by law. Town
may hold a landlord's lien on any and all personalty when Lessee is in default
and Lessee expressly gives Town permission to remove and store at Lessee's
expense, any personalty abandoned on the demised premises.
The Lessee shall pay upon demand all the Town's legal costs, charges and
expenses, including the fees of counsel, and costs of appeal, staff and leasing
agents retained by the Town, incurred in enforcing the Lessee's obligations
hereunder or incurred by the Town in any litigation, negotiation or transaction in
which the Lessee causes the Town to become involved or concerned.
Town may resort to any one or more of such remedies or rights, and adoption of
one or more such remedies or rights, shall not necessarily prevent the
enforcement of other remedies or rights concurrently or thereafter.
29) insurance: As additional consideration over and above the rental payments
made by Lessee herein, Lessee shall, at its own expense, comply with all of the
following insurance requirements of the Town. It is agreed by the parties that the
Lessee shall not occupy the premises until proof of the following insurance
verage has been furnished to the Town.
a. Commercial general liability insurance,on an occurrence form,in the
amount of One Million ($1,000,000.00) Dollars per occurrence for bodily
injury, death,property damage, and personal injury. The policy must
include coverage for premises operations,blanket contractual liability(to
cover indemnification section),products,completed operations and
independent contractors. These policies must name the Town as additional
insured.
b. Automobile liability insurance in the amount of One Million
($1,000,000.00)Dollars per occurrence to provide coverage for any owned
and non-owned vehicles used by the Lessee on the Facility premises,
including loading and unloading hazards. This must name the Town as
additional insured.
c. Workers'compensation and employer's liability coverage as required by
Arizona Statute.The Town requires evidence of this coverage.
d. It is understood and agreed that all coverage provided by the Lessee are
primary to any insurance or self-insurance program the Town has that
covers the Courtyard and the Lessee and their insurance shall have no
right of recovery or subrogation against the Town.
...• ,ine..70o-Thr.1 mat.1 700 774oc
e. All policies must be issued by companies authorized to do business in the
State of Arizona and assigned a rating of A:X or better,per Best's Key
Rating Guide, latest edition.
f. The Town must receive thirty(30)days written notice prior to any
cancellation,non-renewal or material change to the required insurance
policies. This written notice must be sent to the Town.
g. Evidence of the required insurance policies must be provided to the Town
by submission of an original certificate of insurance thirty(30)days
subsequent to the execution of this lease.
h. Alternate coverage to satisfy these requirements is subject to prior approval
of the Town's Risk Manager. Additional insurance coverage, as
determined by the Town's Risk Manager,may be required for this lease.
30) Venue Relocation, Cancellation or Modification: Town reserves the fight after
the execution or during the term of this Lease, at the Lessee's cost and expense,
to modify any individual Market date and/or duration, cancel any individual
Market date at any time, or remove the Lessee from the premises and relocate
Lessee in some other space of Town's choosing of approximately the same
dimensions and size. if Lessee is removed and relocated in other space, Lessee,
by the execution of this Lease, acknowledges the foregoing right of Town, and no
rights herein granted to Lessee, including but not limited to the right of peaceful
and quiet enjoyment, shall be deemed or construed to have been breached or
interfered with by reason of Town's exercise of the rights herein reserved in this
Paragraph. Notice of relocation or modification as provided in this section shall
be given at least 7 days in advance.
31) Termination: Either party may terminate this lease, with or without cause, with
three weeks notice to the other party.
32) Administrative Charges: In the event any check, bank draft or negotiable
instrument given for any money payment hereunder shall be dishonored at any
time and from time to time, for any reason whatsoever not attributable to Town,
Town shall be entitled, In addition to any other remedy that may be available, to
make an administrative charge of Twenty($20.00) Dollars for each such check.
33) Delay of Possession: In the event Town is unable to tender possession of the
leased premises because of the unauthorized holding over of any tenant or
tenants or due to delays in construction or any other reason, as long as such
inability continues, a per diem abatement of the rent shall be allowed to Lessee
but nothing shall operate to extend the term of this Lease beyond the original
expiration date and said abatement of rent shall be the total limit of liability of
Town to Lessee for any losses or damages incurred by Lessee due or related to
such delay in obtaining possession of the leased premises. The computation of
the per diem abatement in the rent is deemed to be the liquidated and agreed
damages for any delay in possession.
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34) Portions of Town's Courtyard Not Demised: Lessee understands and agrees
that during the terms of this Lease, Town may use or cause to be used for
conventions, expositions, attractions, or for any legal purpose whatsoever, any
portion of Town's Courtyard not demised to Lessee. Town shall not be
responsible for any actions of any other user of the Courtyard.
35) Market Plan and Review: Lessee shall provide the Town with a Market Plan,
within 30 days of the execution of this Lease to be reviewed by the Town Building
Official and Town Fire Marshal and other applicable Town departments to ensure
compliance with the Town's safety requirements attached hereto as Exhibit "A"
and incorporated herein by this reference. The Market Plan shall contain a
dimensioned site plan indicating the layout of the Town Courtyard to include the
following:
a. Estimated parking to be used by patrons and vendors.
b. Additional security and maintenance measures and traffic control to be
employed.
c. The location of any and all temporary structures.
d. Engineering design and erection details for temporary structures (if any).
e. A floor plan defining the means of egress and the occupant load
f. Applicable electrical plans showing the location and size of electrical
service, location of generator(if any), all electrical equipment, appliances and
lighting fixtures, type of wiring used and wiring methods.
The Town hereby reserves the right, by written notice to Lessee within ten (10)
days of receipt of the Market Plan, to require Lessee to make such changes,
deletions and additions in the Market Plan and the operation policies described
therein as the Town may deem reasonably necessary or desirable to the safe
and efficient operation of the Town Courtyard. Failure by Lessee to make any
such reasonable changes, deletions or additions requested by the Town within
ten (10)days after receipt of notice thereof shall constitute a default or Town may
deny possession to the Lessee.
36) Audits: Lessee shall make available to Town Finance Department, upon
request, all records and books related to this Lease at such time and place as
shall be designated by Town for examination thereof for the purpose of an audit
to be performed by an auditor designated by Town. Lessee shall inform all
services retained by it to provide services in connection with Lessee's Lease of
Town's premises pursuant to this Lease, that they must also agree to the
foresaid provision relating to audit upon request of Town.
37) Town's Employees and Agents: Town will not furnish any auxiliary personnel
unless otherwise expressly provided for herein under Paragraph#3.
38) Emergency Powers to Vacate Premises: The Town may order evacuation of
all or any portion of the leased premises, or cause to be removed therefrom any
1.1.1111.1111.1111111...
person or group of persons, any materials, equipment or other items if, in its
judgment, circumstances of a dangerous or unusual nature have occurred, or the
Town reasonably believes are about to occur, and such action is necessary to
secure the safety and welfare of persons and/or property, and Lessee waives
any right and/or claim for damages against Town, its agents or servants, in such
eventuality.
39) Town Access: The Town's designated representative shall have available to at
all times, total and complete access to all portions of the leased premises.
40) Town Manager's Discretion:Any matter not expressly provided for herein shall
be within the reasonable discretion of the Town Manager.
41) Miscellaneous:
a. All legal proceedings arising from this Lease shall be in the courts situated
in Pima County, Arizona.
b. If any section, subsection, clause or provision of this Lease is held invalid,
the remainder shall not be affected by such invalidity.
c. This Lease may only be altered, changed or amended by an instrument in
writing signed by both parties hereto.
d. No waiver of any covenant or condition of this Lease by either party shall
be deemed to imply or constitute a further waiver of the same covenant or
condition or any other covenant or condition of this Lease.
e. This Lease contains and embodies the entire Lease of the parties hereto
and no representations, inducements or agreements, oral or otherwise,
between the parties not contained and embodied herein shall be of any force
and effect.
1. In any conflict between the Lease and other written provisions, the Lease
shall prevail,
g. The Lessee acknowledges and understands that this contract in no way
affords any rights and does not authorize any signage to be placed outside
the boundaries of the Town property.
h. The Lessee must obtain all appropriate permits and licenses for off-site
signage from the Town.
42) This Lease is subject to the provisions of A.R.S. § 38-511 which provides in
pertinent part that the state, its political subdivisions or any department of either
may, within three years after its execution, cancel any contract,without penalty or
further obligation, made by the state, its political subdivisions, or any of the
departments or agencies of either if any person significantly involved in initiating,
negotiating, securing, drafting or creating the Lease on behalf of the state, its
political subdivisions or any of the departments or agencies of either is, at any
time, while the Lease or any extension of the Lease is in effect, an employee or
-- • ....A.1004-2007timersarta Law 2oae[m
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agent of any other party to the Lease in any capacity or a Contractor to any other
party to the Lease with respect to the subject matter of the Lease.
43) Force Majeure. Except for payment for sums due, neither party shall be liable to
the other nor deemed in default under this Agreement if and to the extent that
such party's performance of this Agreement is prevented by reason of force
majeure. The term "force majeure" means an occurrence that is beyond the
control of the party affected and occurs without its fault or negligence. Without
limiting the foregoing, force majeure includes acts of God: acts of the public
enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods;
lockouts; injunctions-interventions-acts, or failures or refusals to act by
government authority; and other similar occurrences beyond the control of the
party declaring force majeure which such party is unable to prevent by exercising
reasonable diligence. The force majeure shall be deemed to commence when
the party declaring force majeure notifies the other party of the existence of the
force majeure and shall be deemed to continue as long as the results or effects
of the force majeure prevent the party from resuming performance in accordance
with this Agreement.
Lessor Lessee
The Town of Oro Valley, an Arizona Maya Tea Company, L.L.C.
Arizona Municipal Corporation
By:
Paul H. Loomis, Mayor Its: e1-1-1 *-----
Date: Date: _____1142Ilk__
ATTEST:
Af c".C(,,,,",&t,`
Kat 'ryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
/• / / /
Aii.... Alb•Iii.... ...dr . . .."
i eli'da air. , Town Attorney
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STATE OF
) ss.
COUNTY OF 1 )
The foregoing instrument was acknowledged. �b ore e t
/7/4-
day
of , 2006, by. j 'da/t- L as
the authori ed representative of Maya Tea Company, L.L.C.
"OFFICIAL SEAL"
• Unda D.Nersha
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MyCommission Expires: 1-Q227"4
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1111.111.11
Exhibit "A"
Code Requirements
•ri o . 'evise s t.t - --• o i i.n or an e cation of Con racts a d A. eem-n s
38-511. .n -ll. •f •ill i .I b•ivis.• .n. tate co tracts• d-fn ti.n
A. The state, its political subdivisions or any department or agency of either may, within three
years after its execution, cancel any contract, without penalty or further obligation, made by
the state, its political subdivisions, or any of the departments or agencies of either if any
person significantly involved in initiating, negotiating, securing, drafting or creating the
contract on behalf of the state, its political subdivisions or any of the departments or agencies
of either is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party to the contract in any capacity or a consultant to any
other party of the contract with respect to the subject matter of the contract.
B. Leases of state trust land for terms longer than ten years cancelled under this section shall
respect those rights given to mortgagees of the lessee by section 37-289 and other lawful
provisions of the lease.
C. The cancellation under this section by the state or its political subdivisions shall be effective
when written notice from the governor or the chief executive officer or governing body of the
political subdivision is received by all other parties to the contract unless the notice specifies a
later time.
D. The cancellation under this section by any department or agency of the state or its political
subdivisions shall be effective when written notice from such party is received by all other
parties to the contract unless the notice specifies a later time.
F. In addition to the right to cancel a contract as provided in subsection A of this section, the
state, its political subdivisions or any department or agency of either may recoup any fee or
commission paid or due to any person.significantly involved in initiating, negotiating, securing,
drafting or creating the contract on behalf of the state, its political subdivisions or any
department or agency of either from any other party to the contract arising as the result of
the contract.
F. Notice of this section shall be included in every contract to which the state, its political
subdivisions, or any of the departments or agencies of either is a party.
G. For purposes of this section, "political subdivisions" do not include entities formed or
operating under title 48, chapter 11, 12, 13, 17, 18, 19 or 22.