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HomeMy WebLinkAboutPackets - Council Packets (1352) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 4, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM 1. Pursuant to ARS 38-431.03 (A)(3) to obtain legal advice regarding Supplemental Water Agreement 2. Pursuant to ARS 38-431.03(A)(3) & (A)(4) to obtain legal advice and to discuss litigation regarding Oro Valley v. Barclay Group, Inc., Pima County Cause No. C20005329 RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed 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 may ask the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 08/19/02; 08/21/02 B. Finance Report— July 31, 2002 C. Project No. OV-2-0-01 Award of contract for the Oro Valley Water Utility 16-Inch "D" & "F" Zone Transmission Main to KE&G Development, LLC in the amount of$576,388.00 09/04/02 Agenda, Council Regular Session 2 D. Resolution No. (R)02-74 Accepting that portion of Moore Road between Rancho Vistoso Boulevard and a point 257' west of the centerline of Eagleview Drive for maintenance as a public street E. Resolution No. (R)02-75 Accepting those streets within the Desert Vista Subdivision for maintenance as public streets F. Resolution No. (R)02-76 Project No. OV 30 01/02 23 Acceptance of bids and award of contract to Southern Arizona Paving for Sun City Vistoso Units 3, 4, 8, 9, 10, 11, 12, & 15 for Pavement Rehabilitation in the amount of $155,425.30 G. Award of Bid for Investment Advisory Services to Wells Fargo Bank Arizona and direct staff to perform the necessary steps to execute the contract with said institution 2. PUBLIC HEARING — ORDINANCE NO. (0)02-29 OV11-02-01 REQUEST FOR APPROVAL OF AMENDMENT TO THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT FOR A REDUCED FRONT YARD SETBACK FOR RANCHO VISTOSO, NEIGHBORHOOD 2, PARCEL I, LOCATED APPROXIMATELY 1.5 MILES NORTH OF THE INTERSECTION OF ORACLE ROAD AND RANCHO VISTOSO BOULEVARD ON THE WESTSIDE OF ORACLE ROAD, PARCEL #223040960 3. OV12-01-14 APPROVAL OF A FINAL PLAT FOR RANCHO VISTOSO NEIGHBORHOOD 2 PARCEL I, LOCATED APPROXIMATELY 1.5 MILES NORTH FROM THE INTERSECTION OF ORACLE ROAD AND RANCHO VISTOSO BOULEVARD ON THE WEST SIDE OF ORACLE ROAD, PARCEL #223040960 4. PUBLIC HEARING — ORDINANCE NO. (0)02-30 OV11-02-02 REQUEST FOR APPROVAL OF AN AMENDMENT TO THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT FOR A REDUCED FRONT YARD SETBACK FOR RANCHO VISTOSO, NEIGHBORHOOD 10 PARCEL W, LOCATED 1/4 MILE NORTH OF MOORE ROAD AND 1/4 MILE EAST OF LA CANADA EXTENSION, PARCEL #21922002S 5. RESOLUTION NO. (R)02-77 AUTHORIZING AND APPROVING THE EXECUTION OF AN AMENDED AND RESTATED SUPPLEMENTAL WATER AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND VISTOSO PARTNERS L.L.C. , THAT RESCINDS AND REPLACES IN ITS ENTIRETY AND SUPPLANTS THE AGREEMENT REACHED IN ORO VALLEY RESOLUTION (R) 96-36 AND ALL OTHER AGREEMENTS ARISING THERE FROM . TOWN MANAGER'S REPORT 09/04/02 Agenda, Council Regular Session 3 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 the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 08/23/02 4:30 p.m. lh When possible, a packet of agenda materials as listed above will be 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. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. 09/04/02 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the 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. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give 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 "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 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. A MINUTES ORO VALLEY TOWN COUNCIL/PLANNING & ZONING COMMISSION JOINT STUDY SESSION AUGUST 19, 2002 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION CALL TO ORDER 7:05 p.m. ROLL CALL Town Council: Present: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Werner Wolff, Council Member Excused: Bart Rochman, Council Member Planning & Zoning Commission: Present: Bill Moody, Chairman. Don Cox, Vice Chair John Arming, Commissioner Ken Kinared, Co iini*ioner Robert Krepkowit , oih issioner Mafitoss,Donald Commissioner Excused: Bili .atsukado, Commissioner DISCUSSION ON AND REVIEW OF ORDINANCE NO. (0)02-22 OV7-02-01 AN ORDINANCE OF THE TON OF ORO VALLEY AMENDING THE ORO VALLEY ZONING CODS REVISED PERTAINING TO CHAPTER 2, DEFINITIONS, AND CHAPTER 6, SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS AND/OR CREATING A NEW OVERLAY DISTRICT CHAPTER TO ADDRESS REQUIREMENTS PERTAINING TO LIVESTOCK (CONTINUED FROM 8/01/02) Senior Planner Bayer Vella, presented the proposed Zoning Code revisions pertaining to livestock: Existing Zoning Requirements for Livestock • Livestock as a use in Zoning Districts 144,000 SF minimum lot size permitted use in R1-144 conditional use in R1-7 to R1-43 • Density 1 per 30,000 square feet • Impact Mitigation Setback standards in R1-144 08/05/02 Minutes,Town Council/Planning&Zoning Commission Joint Study Session 2 Town Code, PDEQ and ADEQ • Commercial Operations Require: Conditional Use Permit Home Occupation Permit Issues • Varying density & minimum property size standards throughout the Town (Pima County) • Impact mitigation Evolution of varying density standards 1. Adoption of the Oro Valley Zoning Code Revised in 1981 2. Annexation Agreements • Rights subject to OVZCR non-conforming use standards • Rights with a specific expiration date • Rights granted in perpetuity 3. Translational zonings Mr. Vella showed a zoningmapof the Town and pointed out the areas with horse : property. Mr. Vella reviewed the differences between the Town and County livestock as a use in zoning districts: Town of Oro Valley Pima County 144,000 SF minimum lot size 36,000 SF in CR-1 zones Permitted in R1-144 144,000 SF in SR zones CUP in R1-7 to R1-43 Density Density 1er 30�000 square feet 1 per 10,000 square feet p Impact Mitigation Impact Mitigation Setback standards in R1-144 SR Setback: 100 feet to side &rear lot line Town Code, PDEQ & ADEQ PDEQ & ADEQ Commercial Operations Commercial Operations Require Require CUP — 10 acre minimum CUP — 10 acre minimum Home Occupation Addressing the Issues • Varying density & minimum property standards throughout the Town. • How are issues such as extensive grading, waste, dust, and odor addressed? Solutions • Address the other issues via one of three options. • Set up standards based on the best livestock management practices. 08/05/02 Minutes,Town Council/Planning&Zoning Commission Joint Study Session 3 OPTIONS Option I (Minor Code Change) • Current Density (1 animal/30,000 SF of lot) • Current Minimum Lot Size (144,000 SF) • Remove R1-20, R1-10, and R1-7 Livestock Options • Add Livestock Management Standards Pro: Con: - Does not increase current disparity of - Does not alleviate or reduce livestock density rights. disparity in livestock density rights. - Reflects the majority - Creates a disparity of livestock - New impact mitigation requirements: impact mitigation standards. Enforceable and avoids duplication of Legal non-conforming properties ADEQ &/or PDEQ requirements. will not be subject to the aforementioned standards. Option II (County Livestock Densities) • 1/10,000 Density • 36,000 SF Minimum Lot Size • Remove R1-20, R1-10, and R1-7 Livestock Options • Add Livestock Management Standards Pro: Con: - Eliminates the current disparity in livestock - It enables a high density of densities. livestock within less area. - For non-commercial properties, this option - Creates a disparity of does not require site by site public review. livestock impact mitigation standards. Legal non-conforming properties will not be subject to the aforementioned standards. - New impact mitigation requirements: - For non-commercial properties, Enforceable & avoids duplication of this option does not enable site by ADEQ &/or PDEQ requirements. site public review. Option III (County Densities with review) • Same as Option I with a conditional Use Permit to allow Option II Standards Pro: Con: - Enables evaluation of impacts & past - Increases disparity of livestock history to establish density permitted density. on a site specific basis. - Enables public review on a site by site - Due to the large number of basis. Of property owners with 1 per 10,000 rights, could be a cumbersome process. -New impact mitigation requirements: - This option creates a disparity Enforceable and avoids duplication of livestock impact mitigation of ADEQ &/or PDEQ requirements. standards. Legal non-conforming properties will not be subject to the aforementioned standards. 08/05/02 Minutes,Town Council/Planning&Zoning Commission Joint Study Session 4 MIDDLE-GROUND OPTIONS Option III (County densities with review) • Current density (1 animal/30,000 SF of lot) • Current minimum lot size (144,000 SF) • Remove R1-20, R1-10, and R1-7 Livestock options • Add Livestock Management Standards • C.U.P. to utilize county density Maximum CAP Option (County density with max cap) • County density • C.U.P. required to exceed a maximum number of units • Same as above Overlay Option (Geographic Designations) • 1/10,000 density in only designated areas • All other items same as above LIVESTOCK MANAGEMENT STANDARDS • 100' setback for livestock concentration areas (may reduce to 40' with screening) • Only property owner's livestock onsite • No more than 50% of site used for livestock • 400 SF of corral per animal • 30' bufferyard • 30' corral fence setback • Dust and manure control plan • No incineration of manure on site Discussion followed between the Town Council and the Planning and Zoning Commission regarding: • Density rights vs. minimum size property. • Residents representing both sides of the issue will meet with a facilitator the first week in September. • What options are available to maintain property rights ie, filing a letter of intent from property owners stating that they intend to have ahorse on their property at sometime in the future. However, P & Z can't determine the intent of the property owners. • P & Z Commission approved Option 1 with mitigation issues at their meeting. • Just because translational zoning has allowed for 1 horse per 10,000 SF does not mean the existing 1 per 30,000 SF should be changed. • No argument or scientific basis to change the existing zoning of 1 per 30,000 SF. • Effect adjoining property owners who relied on zoning of 1 horse per 30,000 SF within context of residential homes ie, flies, odor, dust. • Those properties translated into the Town with 1 per 10,000 SF will always maintain that use. • Look at the residential horse use issue separately from the commercial use. 08/05/02 Minutes,Town Council/Planning&Zoning Commission Joint Study Session 5 • Clarify if property has horse use but if no horses on the property for several years, would they lose that use? • Look at what is a reasonable time frame for an abandonment of use. • People that own horses will not have more horses on their property then what they can care for. • Look at the land use and what should be allowed in a neighborhood. Mayor Loomis asked that staff go back and look at defining those mitigation standards. He asked if the 2 factions meet during the first week in September would staff be ready to bring this back to the Town Council by the end of September. ADJOURNMENT Vice Mayor Johnson MOVED to adjourn the study session at 8:20 p.m. MOTION SECONDED by Council Member Abbott. MOTION UNANIMOUSLY carried 4— 0. Respectfully submitted, PL'ic ("( Kathryn .Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION AUGUST 21, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member Werner Wolff, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He also reported that the Town Hall offices would be closed September 2nd for the Labor Day holiday. CALL TO AUDIENCE No speakers. 1. CONSENT AGENDA MOTION: Vice Mayor Johnson MOVED to APPROVE the Consent Agenda as presented. Council Member Wolff SECONDED the motion. Motion carried, 5 —0. A. Minutes: 8/01/02; 8/03/02; 8/05/02; 8/07/02 B. Building Safety Activity Report—July 2002 C. Budget & Bond Committee Report to Council for FY Ended June 30, 2002 D. Coyote Run Monthly Report—July 2002 E. Police Report—July 2002 F. Town of Oro Valley Performance Measurement Report quarter ending June 30, 2002 G. Resolution No. (R)02-70 Declaring as a public record that certain document relating to proposed revisions to Chapter 16, Parks & Recreation of the Oro Valley Town Code, by amending Section 16-1-7 concerning the Fees for Recreation Activities, Admission to Events, and Facility Usage 08/21/02 Minutes,Council Regular Session 2 H. Resolution No. (R)02-71 Declaring as a public record that certain document relating to the establishment of the Oro Valley Building Safety Board of Appeals, entitled "Article 6-9, Building Safety Board of Appeals" of the Oro Valley Town Code 1. Resolution (R) 02-72 Affirming the Town of Oro Valley's commitment to share in the construction cost of a 2.7 mile long multi-use path along the Canada del Oro Wash in between La Canada Drive and First Avenue contingent on the successful procurement of a 2002 Round 10 Transportation Enhancement Grant J. Resolution (R) 02-73 Project No. OV30 01/02-13 Authorizing Acceptance of Bid and Award of contract to West Point Contractors for the Shadow Mountain Drainage Improvements in the amount of$24,998.00 K. OV 12-00-13A Approval of a one(1)year extension of an approved development plan for a proposed retail and office facility located within the Foothills Business Park located near the northeast intersection of Oracle Road and East Hanley Blvd., Parcel Nos. 22010016A &22010017A effective 11/15/02— 11/15/03 L. OV12-00-20 Approval of a final plat for the"Sunset Ridge Estates" Rancho Vistoso Neighborhood 10 Parcel Z subdivision located north of Moore Road and half mile west of Rancho Vistoso Boulevard, Parcel # 219216360 M. Appointment of Jan Johnson as the Catalina Council representative to the General Plan Update 2020 Technical Advisory Committee 2. PUBLIC HEARING LIQUOR LICENSE APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR DRAGON VILLAGE RESTAURANT LOCATED AT 12152 N. RANCHO VISTOSO BOULEVARD C- #180 MOTION: Council Member Rochman MOVED to APPROVE the request for a Series 12 Liquor License for Mr. Ping Chi Chan at the Dragon Village Restaurant located at 12152 N. Rancho Vistoso Boulevard C-#180. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. *Mayor Loomis moved Agenda Item #3 to follow Agenda Item #6. 4. PUBLIC HEARING- ORDINANCE NO. (0)02-27 AMENDING POLICY NO. 3, GENERAL PROVISIONS, OF THE TOWN OF ORO VALLEY PERSONNEL POLICIES AND PROCEDURES CODE; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Human Resources Director Jeff Grant explained that adoption of Ordinance No. (0)02-27 would revise Policy No. 3 — "General Provisions" of the Town of Oro Valley Personnel Policies & Procedures Code. It would allow the Town Manager to provide competitive job offers in critical or "hard-to-fill"positions by allowing the Town Manager to approve limited exceptions to other pertinent policies and procedures as needed. 08/21/02 Minutes,Council Regular Session 3 Mr. Grant further reported that the Police Department is experiencing a shortage of qualified police officer candidates for both recruit and lateral officer candidates. In prior years, the Town was competitive and maintained a waiting list of qualified candidates, but this situation has changed dramatically. He stated that the same situation has occurred in other departments over the years. Mr. Grant explained that in most cases, the request for any special action would originate with the Human Resources Director after consultation with the appropriate Department Head. He also stated that in most cases, the requests would involve use of additional vacation or sick leave; however, in more aggravated situations, the use of limited duration cash hiring incentives may be utilized. Mr. Grant reported that the recommendations would be consistent with the existing approved budget. In response to a question from Council Member Wolff regarding a "cap" on what would be offered, Mr. Grant explained that specifics have not yet been defined; however, they expect that most offers would be one week's worth of vacation or one week's worth of sick leave and would be offered up front. The offers would be a short term incentive. Mr. Grant also reported that other public entities are using hiring incentives including p cash incentives. In a response to question from Council Member Rochman regarding the incentives p impact to the existing budget, Mr. Grant explained that the incentive would not increase the employee's vacation accrual, but would grant the vacation up front so that the employee would not have to wait for six months to take vacation time. Council Member Abbottex>a.tressed her concern regarding any cash incentives that may be offered, and suggested that there be a commitment from the prospective employee about the amount of time they would remain in the employ of the Town. She also suggested that stipulations be placed on the amount of any cash bonus and that anything over that certain amount would need to be approved by the Town Council. Mr. Grant explained that one way to deal with cash bonuses would be to issue the bonus over a period of time and not necessarily distribute the entire cash bonus up front. He explained that the "stretch"bonus would also help if an employee did not "work out." Vice Mayor Johnson stated that he supported the objective of offering hiring incentives as the Town must be able to be more competitive when hiring. However,he felt that more thought should go into some of the issues that may arise such as retention. He suggested that if possible, the Council should be advised of the situation and any actions that may be taken. He also suggested that "caps"be established. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 08/2 1/02 Minutes,Council Regular Session 4 Vice Mayor Johnson suggested that the Human Resources Director, the Town Manager, the Mayor and possibly a Council Member could meet to develop guidelines, restrictions, pro-rating. identify needs, etc., and bring the item back to the Council for consideration. Items suggested for consideration were: • A commitment be required (such as a minimum of one year employment with the Town.) • Cash bonuses over 10% of salary would be discussed with the Mayor, with a notification to the Council. • Identify caps and rationale on cash incentives. • Periodic reporting of hiring of"hard-to-fill" positions beyond established guidelines possibly on a quarterly basis. MOTION: Vice Mayor Johnson MOVED to CONTINUE Ordinance No. (0)02-27 until such time as staff is ready to bring it back to the Council with further information as discussed. Council Member Abbott SECONDED the motion. Motion carried, 5 — 0. 5. CONTINUED PUBLIC HEARING -ORDINANCE NO. (0 )02-24 AN ORDINANCE TRANSLATING THE ZONING FROM PIMA COUNTY CODES TO ORO VALLEY ZONING CODES, WITH CONDITIONS, (ORO VALLEY RANCHO VISTOSO PLANNED AREA DEVELOPMENT) ON THE PROPERTY KNOWN AS RANCHO VISTOSO NEIGHBORHOOD 12, LYING WITHIN SECTIONS 13 AND 24 OF TOWNSHIP 11 SOUTH RANGE 13 EAST IN THE NOTCH FORMED BY THE TOWN BOUNDARIES BETWEEN RANCHO VISTOSO NEIGHBORHOODS HAND 13; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH (PARCELS 21904009E, 21920002A, AND 21920002B (CONTINUED FROM AUGUST 1, 2002) Community Development ment Director Brent Sinclair reviewed the Council Communication and explained that on August 1, 2002, the Town Council continued this item and directed staff to bring it back translating the Pima County zoning to non-Planned Area Development (PAD), Oro Valley zoning districts. He reviewed an overhead map depicting the areas and explained that the Pima County CR-1 (Single Residence) zone would translate to Oro Valley's R1-36 (LDR-Low Density Residential) zoning. The Pima County CR-5 ((Multiple Residence) zone would translate to Oro Valley's R-6 (HDR-Multi-Family Residential) zoning and Pima County's RH (Rural Homestead) zoning would translate to Oro Valley's R1-144 (Single Family Residential-1 home per 3.3 acres) zoning. Mr. Sinclair also reported that when the property was rezoned by Pima County in March 2002, a development agreement was tied to the rezoning. He explained that this would guide and supercedes the zoning districts that these are translated to. He explained that the development agreement established the number of lots that are allowed, established set backs and density, required that 70% of the site remain as natural open space, and established a maximum grading of 16,000 square feet is allowed. He explained that the 08/21/02 Minutes.Council Regular Session 5 development agreement and the translational zoning are tied together and are referenced in the Conditions of Approval (Exhibit A.) Vice Mayor Johnson stated that the Rancho Vistoso PAD zoning is more restrictive and he felt that the rezoning was better under the PAD zoning designations than the Town's zoning designations. Charles Hulsey, The WLB Group,representing the applicant, Stone Canyon LLC, stated that they are asking that the translational zoning be the same as the surrounding property which is Rancho Vistoso PAD. He stated that this would make things easier over time. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. Further discussion followed regarding translating zoning to the Town's zoning, possibly amending the PAD in the future to add the property to the PAD, concerns regarding additional exceptions to the property, whether the translation to Oro Valley zoning any y P rP designations serves purpose, legal issues, and the Development Agreement identifies the densities, etc. MOTION: Vice Mayor Johnson MOVED to APPROVE Ordinance No. (0)02-24, OV9-01-04, translational zoning of Rancho Vistoso Neighborhood 12, with the conditions in Exhibit "A". Exhibit A) 1. Those areas designated as CR-1 will be translated to R1-36. 2. Those areas designated as CR-5 will be translated to R-6. 3. Those areas designated as RH will be translated to R1-144 with the following condition. a. Parking and parking related uses in conjunction with the adjacent resort are permitted. 4. The development of this property shall be in accordance with the terms in the Development Agreement between Stone Canyon and Pima County as recorded in March of 2002, Docket 11754, and Page 2682. 5. Adherence to the approved preliminary development plan (PDP) as submitted to the County for the rezoning in March 2 002. Mayor Loomis SECONDED the motion. Motion carried, 4 — 1, with Council Member Abbott opposed. 6. PUBLIC HEARING — ORDINANCE NO. (0)02-28 AUTHORIZING AND APPROVING THE TOWN TO ENTER INTO AN ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND STEAM PUMP RANCH L.L.C. TO FACILITATE THE DEVELOPMENT OF A MIXED-USE LIFESTYLE ACTIVITY CENTER WITHIN THE TOWN OF ORO VALLEY 08/21/02 Minutes, Council Regular Session 6 Economic Development Administrator Jeff Weir reviewed the Council Communication and reported that if approved, Ordinance No. (0)02-28 would authorize an economic development revenue sharing agreement between the Town of Oro Valley and Steam Pump Village Investors LLC. He then explained that in October 2001, the Council approved Economic Development Incentive Policy Guidelines. The guidelines provide the Council the authority to use incentives for the retention and attraction of certain businesses that are considered beneficial to the local economy. He explained that one of the incentives available to be offered to qualifying businesses is a sharing of up to 50% of the Town's 2%retail sales tax. Mr. Weir reviewed the project explaining that the project is a proposed 460,000 square feet mixed-use lifestyle activity center located on Oracle Road. The center includes four phases that would include: retail shops, restaurants, entertainment facilities,bank and financial institutions, a hotel, professional offices, a natural open space park, landscaped plazas and some convenience uses. He also explained that the developer would be responsible for the construction of on-site improvements that would include all utility improvements and a portion of the CDO Riverfront Park Trail and preservation of a natural space open park to be located at the northern end of the property. The developer P has also agreed to transfer a water utility facility and service to the Town and will extinguish pre-existing irrigation rights for 12.2 acres and convert that into 420.9 acre- feet of assured water supply credits. Mr. Weir further explained that the developer has requested a revenue sharing agreement for each phase of the project for a period of ten years and that 40% of the Town's existing 2% sales tax be returned to the developer in a time frame as determined by the Town's Finance Director. He reported that the true intent of the agreement is to assist the developer in attracting retailers that the Town wants and to encourage them to begin the project as soon as possible. Mr. Weir then reported that the project is estimated to cost in excess of$70.5 million and to generate over $1.895 billion over the next twenty years. Discussion followed regarding: • Other communities are using tax reimbursement incentives to attract desirable businesses. • Generation of permit fees. • Off site improvements to Oracle Road, the trail system, and the mesquite bosque area improvements will be completed by the developer. • Possibly basing the sharing of the sales tax on the amount of the investment. • Project being a "win-win" situation. • Four phases may be combined if the developer sees fit and then it would be a ten year incentive plan. Mr. Mark Weinberg, Diamond Ventures, representing Steam Pump Village Investors LLC, reported that they have been actively marketing the site but have not been successful. He stated that the tax incentive proposal would be a tool to help attract the type of uses that the developer and the Town want to come in. He stated that if the agreement is approved, the infrastructure would be started in the next few months. 08/21/02 Minutes.Council Regular Session 7 In response to questions from Council Member Abbott regarding a movie theatre on the property, Mr. Weinberg stated that they were unable tot reach an agreement with the Harkins Theaters organization. However, if the incentive is approved, they will meet with Harkins again and present the incentive to them. If they are not interested, the developer will go to other theater operators to see if they would be interested in building a theater complex at Steam Pump Village. He also explained that their goal was to attract a theater early on in the process as it would then attract restaurants and other users to the property. Mr. Weinberg then reviewed the water rights and credits that would be given to the Town. He also stated that once transferred over to the Town, the water hook up fees would go to the Town. Water Utility Director Alan Forrest explained that the dollar valuation on the assured water supply credits would be about $100 per acre foot; therefore, it would be approximately a $42,000 value. Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that: he did not have a lot of confidence in the projected revenues of the project. He asked what ere the assumptions being made as to how revenues are calculated. He explained that inw1996, the Planning and Zoning Commission and the Development Review Board attached quality standards for allowed uses for the project. He asked that the highest quality use be maintained and that some control remains over the project Mayor Loomis closed the public hearing. MOTION: Vice Mayor.Johnson MOVED to APPROVE Ordinance No. (0)02-28, authorizing the Mayor to approve an Economic Development Agreement between the ................ .................. Town of Oro Valley and Steam Pump Village Investors LLC. Council Member Wolff SECONDED the motion. DISCUSSION: Council Member Abbott stated that surveys have shown that the citizens of Oro Valley want quality development in the Town. She stated that if the Town is going to be offering large incentives, she would feel better if there was some type of assurance that the 1996 quality standards that were established (as referenced by Mr. Adler) for restaurants, hotels and entertainment establishments would be applied. Mayor Loomis stated that the property was rezoned in 1999 and the criteria for Steam Pump Village were used in the establishment of allowable uses. He stated that the actual Planned Area Development (PAD) document requires significant quality standards in the development of the project. He stated that he believed that these standards exceed those in the original 1996 PAD. 08/21/02 Minutes,Council Regular Session 8 Mr. Weir explained that each phase would come before the Council in the form of a Development Plan which would include all of the architecture characteristics, and the design elements. He stated that they must be in compliance with the existing standards of the PAD. MOTION CARRIED, 5- 0. Mayor Loomis recessed the meeting at 8:10 p.m. The meeting resumed at 8:22 p.m. 3. PRESENTATION OF THE STATUS OF THE RECLAIMED WATER SYSTEM MASTER PLAN BY ALAN FORREST, WATER UTILITY DIRECTOR Water Utility Director Alan Forrest reported that the Town's consultants, CH2M-HILL would be presenting a brief update on the status of the Town's Reclaimed Water M asterpl an Project. Tom McKlean, CH2M-HILL, presented an overview of the Reclaimed Water System Master Plan. He stated that the Town has decided to proactively manage its local groundwaterpp require supplies which the implementation of a renewable water supply. • Renewable Water Resources for the Town identified three turf delivery options. o Option A: Raw CAP delivery. o Option B: Extension of Tucson Water's reclaimed system. o Option C: Build a reclamation facility in Oro Valley. • p Option B is the most expedient option for renewable supply delivery. P Ron Williams, CH2M-HILL, then reviewed the accomplishments of the system planning. • Reviewed conceptual planning efforts. • Completed hydraulic analysis of the system to size infrastructure and facilities. p y • Identified improved alignment and facility locations. • Coordination with Tucson Water o Identified supply and connection options for the Town. o Reviewed the Intergovernmental Agreement with Tucson Water relative to implementation of a new delivery system. o Attended northwest area regional meetings regarding the future of reclaimed water and reviewed short term and long term considerations for delivery to the Town. • Developed preliminary roadway cross-sections highlighting potential utility and right-of-way conflicts. • Reviewed feasibility of construction in roadway alignments (traffic control, access, existing utilities, and existing roadway improvements. • Examined potential of Central Arizona Project (CAP) delivery in reclaimed pipeline (raw CAP only). • Reviewed cross-section schematic examples for Tangerine Road, Moore Road, Rancho Vistoso Blvd. and La Canada Drive. 08/21/02 Minutes.Council Regular Session 9 Fair Miller, CH2M-HILL, then reviewed the coordination with End Users: ■ Met with Golf Course Superintendents. o Discussed feasibility of converting courses to reclaimed water. o Discussed existing lake liner specifications. o Evaluated existing use and compared to ADWR allocation requirements. o Reviewed potential operational changes with reclaimed water. ■ Met with Town Parks Department ■ Developed Phasing Plan (two phases) for implementation of all Turf Facilities. Ms. Miller also reviewed the Project's phasing and system implementation plan. Mr. Williams then reviewed the permitting coordination with US Fish and Wildlife, ADEQ options for a reuse permit, the Army Corp of Engineers for a 404 Permit, and other entities. He also reported that they have met with developers regarding facility sites, Public Works regarding pipeline alignments and placements, have completed conceptual cost estimates of the reclaimed system and presented a draft master plan to the Town's Water Utility Commission. He also reported that the conceptual construction costs estimate was $22,746,000 with the Phase I (Northern) System estimated at $13,325,000 and Phase 2 (Southern) System estimated at $9,421,000. Discussion followed regarding the costs being conservative numbers, Phase I water to golf courses should be completed in approximately three years, and Town Parks should ultimately be on reclaimed water in Phase 2+ Mr. Forrest explained that the Water Utility''Commission has reviewed and accepted the Masterplan with some minor changes. The Council will be provided with the Master Plan which includes phasing, maps, etc. to review before a future Study Session. 7. OV 12-99-12A REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR A SITE KNOWN AS THE RANCHO VISTOSO PROFESSIONAL OFFICES, LOCATED IN NEIGHBORHOOD 5 PARCEL S AT THE SOUTHEAST CORNER OF RANCHO VISTOSO BLVD. AND ARROWSMITH DR., PARCEL #219540050. Community Development Director Brent Sinclair reviewed an overhead of the site and reported that owner and developer John Keith requests approval of a Preliminary Plat in order to subdivide the professional office complex in Rancho Vistoso. The Development Plan for the 3.9 acre site was approved by Town Council on September 13, 2000, and the project is currently under construction. He explained that the project consists of five buildings and the applicant would like to create ten lots and a common area on the parcel. Mr. Sinclair reported that the Preliminary Plat complies with the Zoning Code Revised requirements and staff recommends approval with the conditions listed in Exhibit "A". In response to questions from Mayor Loomis, Mr. Sinclair stated that there would be CC&Rs. The property would be run like a homeowners association with individual property owners responsible. He stated that the Final Plat would include a copy of the CC&Rs. He also explained that the public art was previously approved. 08/21/02 Minutes,Council Regular Session 10 John Keith, 2023 W. Guadalupe, applicant, stated that they would be resubmitting their public art as the original art mold was defective. In response to a question from Council Member Wolff, Mr. Keith explained that this was his first office building project, and after many problems, they are moving forward on the project. Council Member Abbott congratulated Mr. Keith on a good job in maintaining 40% of open space in the project. MOTION: Vice Mayor Johnson MOVED to APPROVE OV12-99-12A, Rancho Vistoso Professional Offices Preliminary Plat, effective upon satisfaction of the conditions listed in Exhibit"A". Exhibit A) 1. In title block correct Oro Valley case number OV 12 99-12A: add"A". 2. Show SVT's for entrance at Arrowsmith Drive and Rancho Vistoso Boulevard per the Oro Valley Subdivision Street Standards. 3. Remove unnecessary General Notes 14, 15, 17, 18, 19, 25, 28, 30, 32, & 33 from the Preliminary Plat. 4. Correct General Note 34 to read: "In the event that WAPA or the Town....." 5. Correct General Note 27 to refer to the Prelimnary Plat not the Development Plan. 6. Add a General Note to read:`"Tie trail alignment must be field verified and approved bythe Planningand ZoningAdministrator. It must be dedicated as a component of the Final Plat. 7. Add General Note to read: "To comply with Town of Oro Valley Code Section 15-15, additional metered water service is required to serve the second unit when the building is split." Council Member Rochran SECONDED the motion. Motion carried, 5—0. 8. OV12-01-13 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR A BANK ONE BRANCH ON THE SOUTHEAST CORNER OF LA CANADA AND LAMBERT LANE, PARCEL #22425025C Community Development Director Brent Sinclair reviewed an overhead of the site and reported that the applicant has proposed to develop a 4,125 square foot Bank One Branch directly south of the Osco Drug Store just east of La Canada Drive. It is located in the El Conquistador Planned Area Development (PAD) and the zoning is equivalent to C-1 Commercial in the Zoning Code Revised. He explained that access requirements, etc. follow the existing master plan as approved in the past. In response to a question from Council Member Abbott, Mr. Sinclair reviewed the pedestrian pathway that would run parallel to La Canada Drive and lead to the intersection. 08/21/02 Minutes.Council Regular Session 11 In response to a question from Vice Mayor Johnson regarding grading, Todd Trainer, DPA Architects, explained that Bank One is not working on site as they do not currently have anybuildingor gradingpermits. He also explained that the plan has been before the Development Review Board and the architecture and design will be similar to the existing building but would be a lower scale building. MOTION: Council Member Wolff MOVED to APPROVE OV12-01-13, Development Plan for Bank One effective on the date of satisfaction of the conditions listed in Exhibit ,4A,,. Exhibit A) 1) One copy of current sewer plans shall be provided. 2) Van accessible parking spaces shall be relocated closer to main building on the Development Plan. 3) Erosion control foravement drainage outlet at northeast side of northwest parking p g access area lane shall beP rovided on the Development Plan. 4) The recorded easement documentation shall include an agreement between the parties indicating when the temporary basin will be filled, which party is responsible for maintenance of the basin, the party responsible for filling the basin and the party responsible for ensuringthat the development of the property east of Bank One will p accommodate the drainage flow from Bank One to the permanent detention facility near the southeast corner of the shopping center site. 5) Ag eotechnical letter that addresses maximum slope grade and treatment recommendations shall be provided. 6) Recommended rip/rap sizingshall be labeled on the Development Plan. p p 7) Cross access easements shall be provided for 1) the main parcel from the north property line to the full access entrance to the north, and from the south property line to the right-in /right-out access to the south, and 2) the rest of the commercial site on this parcel to provide access through the Bank One site. The Declaration of Restrictions and Grant of Easements shall include cross-access easements for this site; the document submitted appears to be for OSCO only. 8) The pedestrian connection leading across the loading area on the north side of the property must be entirely deleted. If the Master Development Plan is revised, the development plan must be changed to depict a pedestrian access to the north. Council Member Rochman SECONDED the motion. Motion carried, 5 —0. 9. SUSPENSION OF TOWN OF ORO VALLEY PARLIAMENTARY RULES AND PROCEDURES — SUSPENDING A PORTION OF RULE 11.1 (B) OF THE TOWN OF ORO VALLEY PARLIAMENTARY RULES AND PROCEDURES • 08/21/02 Minutes, Council Regular Session 12 Prosecuting Attorney Tobin Sidles reported that Agenda items 9, 10, and 11 were all related. He explained that due to unfortunate circumstances, the Council had two meetings six days apart. Ordinance No. (0)02-23 was denied at the August 1 meeting and a council member had requested that the item be reconsidered due to new information being received and the absence of Council Member Wolff. However, the Rules and Procedures provide that items for reconsideration be brought back at the next meeting. He explained that the Agenda for the next meeting had already been posted. Therefore, to allow the item to be reconsidered, the Council now has the option of suspending the Town Council Parliamentary Rules and Procedures. In answer to a question from Mayor Loomis, Mr. Sidles explained that if the rules were not suspended, the item could go back through the Planning and Zoning Commission, and they could delay hearing the item for one year. In the best case scenario, it could be heard immediately. MOTION: Council Member Abbott MOVED that pursuant to the Town of Oro Valley, Arizona Parliamentary Rules and Procedures, rule 3,2, to suspend that portion of Rule 11.1 (B) of the Town of Oro Valley, Arizona Parliamentary Rules and Procedures that provides that provides as follows: "Such motion must be filed with the Council (Town Clerk's Office) and the Town Clerk shall place that item on the agenda prior to the next regularly scheduled Council meeting," for the limited purpose of reconsideration of g y Ordinance No. (0)02-23, Agenda item 0V7-02-03. Council Member Rochman SECONDED the motion. Mayor Loomis stated that he was opposed to the suspension as the item went through the process as required. Council Member Rochman stated that he felt more discussion should take place. He also stated that Council Member Wolff was absent and he would have liked to participate in the discussion of the item. Council Member Wolff stated that unfortunately he was absent, and would have liked to take part in the discussion. Motion carried, 4— 1, with Mayor Loomis opposed. 10. RECONSIDERATION OF ORDINANCE NO.(0)02-23 OV7-02-03 AMENDING ORDINANCE NO. (0)94-4 ADOPTED FEBRUARY 2, 1994 KNOWN AS THE ORACLE ROAD SCENIC CORRIDOR SPECIFIC PLAN AND THE ORO VALLEY ZONING CODE REVISED, ARTICLE 10-4 ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT BY INCLUDING THE KILANNA, BIGHORN COMMERCE CENTER LLC AND THE THOMAS KIT AND PAULA DONLEY CP/RS PROPERTIES, LOCATED ON THE SOUTHSIDE OF RAMS FIELD PASS, EAST OF ORACLE ROAD,JUST NORTH OF THE HONEYWELL SITE, WITHIN THE STANDARDS SET FORTH IN ARTICLE 10-4 ET SEQ., PARCELS 220110750, 220110760, 22004010N, AND 22011010M • 08/21/02 Minutes. Council Regular Session 13 MOTION: Council Member Rochman MOVED to RECONSIDER the action taken by the Town Council on Ordinance No. (0)02-23, item number OV7-02-03 on August 1, 2002. Council Member Abbott SECONDED the motion. DISCUSSION: Vice Mayor Johnson stated that he supported the reconsideration however he wanted additional information in the following areas: • Economic aspects. • Evaluation of the market. • Information regarding industrial/commercial real estate in the area. • Information regarding what the Oracle Road Scenic Corridor Overlay District changes would or would not do to the development of the property. • More information provided by the applicant on the development of the property. Council Member Abbott stated that she would like to see the item come back to allow Council Member Wolff a chance to speak on the issue. She also stated that she would like to see the residents of Rams Canyon have further input on the item. Council Member Rochman stated that he would also like to give Council Member Wolff the opportunity to speak on the subject. He also: agreed that there was a lot of pP Y information not discussed in the original discussion of the item that he felt should be reviewed. Motion to reconsider, carried 4 1, with Mayor Loomis opposed. 11. ORDINANCE NO.(0)02-23 OV7-02-03 AMENDING ORDINANCE NO. (0)94-4 ADOPTED FEBRUARY 2, 1994 KNOWN AS THE ORACLE ROAD SCENIC CORRIDOR SPECIFIC PLAN AND THE ORO VALLEY ZONING CODE REVISED, ARTICLE 10-4 ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT BY INCLUDING THE KILANNA, BIGHORN COMMERCE CENTER LLC AND THE THOMAS KIT AND PAULA DONLEY CP/RS PROPERTIES, LOCATED ON THE SOUTHSIDE OF RAMS FIELD PASS, EAST OF ORACLE ROAD,JUST NORTH OF THE HONEYWELL SITE, WITHIN THE STANDARDS SET FORTH IN ARTICLE 10-4 ET SEQ., PARCELS 220110750, 220110760, 22004010N, AND 22011010M Prosecuting Attorney Tobin Sidles stated that due to the action as approved in Agenda Item #10 regarding Ordinance No. (0)02-23, Council may now reconsider the said ordinance. However, due to notice requirements for the Oracle Road Scenic Corridor Overlay District (ORSCOD), the matter must be continued to a council meeting that would be no earlier than September 18, 2002. In response to a question from Mayor Loomis, applicant Mr. Ron Petes, T.J. Bednar Homes, stated that he would like the matter reconsidered. 08/21/02 Minutes,Council Regular Session 14 MOTION: Council Member Rochman MOVED to CONTINUE reconsideration of the action taken by the Town Council on Ordinance No. (0)02-23, item number OV7-02-03 on August 1, 2002 to the regularly scheduled Town Council meeting of September 18, 2002. Council Member Abbott SECONDED the motion. DISCUSSSION: Mayor Loomis requested that staff provide additional information. • Expand on the current zoning on the property in Pima County: o What can be developed on the property in the County in accordance and conjunction with the County development standards that they are using today, ie. The Buffer Overlay Zone Ordinance (BOZO). • Council Member Johnson's requests from Item #10 o Economic aspects. o Evaluation of the market. o Information regarding industrial/commercial real estate in the area. o Information regarding what the Oracle Road Scenic Corridor Overlay District changes would or would not do to the development of the property .................. ................. ................ o More information provided by the applicant on the development of the property. Council Member Abbott questioned whether the property owners in the Big Horn Commerce Center had any comments on the matter. She asked that they be contacted as they have a substantial stake in the resolution. Town Clerk Kathryn Cuvelier noted that there was a typographical error in the recommended motion and the Ordinance Number should read (0)02-23. (Correction noted in above motions.) Council Member Johnson clarified information he previously requested: • More information from the applicant regarding: o What they intend to do to become medium density residential. o Buffering with the industrial sections to the west. o What they are looking at in terms of ingress and egress to the site. • Comments from Town Engineer Bill Jansen regarding the number of houses that would be added to Rams Canyon, the traffic flows, ingress and egress from Oracle Road and what effect the proposed densities from all the parcels would be to traffic patterns. Mayor Loomis reviewed the motion explaining that the motion was for a continuance of the reconsideration of the Ordinance until September 18, 2002 and to include information from the developer, information on the current zoning, information on ORSCOD, financial impact from both sides as to whether it was developed as residential or as • 08/21/02 Minutes,Council Regular Session 15 office/industrial uses, and to contact the other property owners for their response to the impact. MOTION CARRIED, 5 — 0. TOWN MANAGER'S REPORT No report. CALL TO AUDIENCE Emily Sleigh, 12417 N. Copper Queen Way, referenced traffic problems in the Town and asked that the Town consider adding signagto the roads that states "Slower Traffic Keep Right" and Yield to Oncoming Te raffic." Ms. Sleigh also asked that the Town consider adopting an Ordinance that would require loads in truck beds to be covered to help prevent flying debris from causing accidents. ADJOURNMENT MOTION: Vice Mayor Johnson MOVED to adjourn at 9:25 p.m. Council Member Wolff SECONDED the motion. Motion carried., 5 —0. Respectfully submitted, } Roxana Garrity, Deputy Town Clerk 1 hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the _21st _ day of August 2002. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of ,2002. Kathryn E. Cuvelier, CMC Town Clerk TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report for the Month Ended July 31, 2002 SUMMARY: Revenues from several sources for the month of July have not been collected as of yet. For this reason, a more definitive forecast for the FY 2002-2003 can not be analyzed at this point in time. As more data is collected, a better picture of what revenues and expenditures will be at mid-year and fiscal year end will emerge. General Fund • Sales tax collections for the month of July will not be received until late August; therefore they are not included in this finance report. • Residential building permits remained low for July, with only 30 issued. • All department expenditures are currently tracking to their respective budgets. Highway Fund State shared fuel tax collections for July will be reflected in the August finance report. Townwide Roadway Development Impact Fees Fund Continuing in the trend of construction slow down, Roadway Impact Fees were low for the month of July based on the issuance of 30 single family residential building permits. Oro Valley Water Utility Water revenues do not reflect a full month of collections, because of a difference in the scheduling of billings and the calendar month end date. ATTACHMENTS: 1. Finance Report, July 31, 2002 TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION PAGE 2 of 2 SUGGESTED MOTION: I move to accept the Finance Report for the month ended July 31, 2002. a(1 David L. Andrews Finance Director 0/7/14 X2/4A4tili Chuck Sweet Town Manager Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through July 31, 2002 Percentage of Year Completed 1/12= 8.33% 2002/2003 Percentage July Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Taxes $ - $ - $ 6,282,000 0.0% State Shared 263,458 263,458 6,706,270 3.9% Other Intergovernmental - - 516,771 0.0% Fines 17,347 17,347 200,000 8.7% Licenses & Permits 120,433 120,433 1,852,000 6.5% Charges for Services 49,765 49,765 395,384 12.6% Federal Grants - - 289,478 0.0% State Grants - - .66,500 0.0% Interest Earnings - - 275,000 0.0% Miscellaneous 10,720 10,720 63,500 16.9% Fund Balance Carryforward 9,001,884 TOTAL REVENUES 461,723 461,723 25,648,786 2.8% EXPENDITURES: Town Council 3,539 3,539 146,120 2.4% Town Clerk 12,300 12,300 290,299 4.2% Magistrate Court 18,405 18,405 495,824 3.7% T-w•,/n Manager 10,642 10,642 343,778 3.1% an Resources 7,349 7,349 226,747 3.2% Economic Development 5,900 5,900 797,864 0.7% Finance 15,764 15,764 465,676 . 3.4% Information Systems 21,403 21,403 353,423 6.1% Legal 16,525 16,525 609,471 2.7% Community Development Administration 9,795 9,795 389,463 2.5% Planning &Zoning 34,518 34,518 904,817 3.8% Parks& Recreation 83,305 83,305 1,501,917 5.5% Library Services 16,101 16,101 1,006,717 1.6% Geographical Information Services 2,026 2,026 125,596 1.6% Police 284,453 284,453 8,180,357 3.5% Police-Grant Contingency - - 43,000 0.0% Building Safety 42,066 42,066 1,106,230 3.8% Public Works 12,499 12,499 336,597 3.7% ,Custodial & Facility Maintenance 2,014 2,014 153,163 1.3% General Administration: Operations & Maintenance 18,949 18,949 429,857 4.4% Improvements - - 801,752 0.0% Equipment - - - 100.0% Transfers to Other Funds - - 1,134,954 0.0% ,Contingency 5,805,163 TOTAL EXPENDITURES $ 617,553 $ 617,553 $ 25,648,786 3.1% REVENUES LESS EXPENDITURES $ (155,830) $ (155,830) FUND BALANCE AT JULY 1, 2002* _ $ 9,938,589 1,-E?RENT FUND BALANCE _ _ $ 9,782,759 *Pre-audit figure Town of Oro Valley HIGHWAY FUND Budget Compared to Actuals Report Through July 31, 2002 Percentage of Year Completed 1/12=8.33% 2002/2003 Percentage July Y-T-D Total of Budget Actuals Actuals Budget Completed, REVENUES: State Shared Fuels Tax $ - $ - $ 2,365,000 0.0% PAG Reimbursements - - 110,000 0.0% Other Revenues 4,307 4,307 49,000 8.8% Fund Balance Carryforward 1,217,751 TOTAL REVENUES 4,307 4,307 3,741,751 0.2%, EXPENDITURES: Personnel 43,277 43,277 1,119,260 3.9% Operations& Maintenance (745) (745) 855,963 -0.1% Capital Improvements 1,976 1,976 1,074,500 0.2% Equipment&Vehicles - - 182,000 0.0% Contingency 510,028 TOTAL EXPENDITURES $ 44,508 $ 44,508 $ 3,741,751 1.4% REVENUES LESS EXPENDITURES $ (40,201) $ (40,201) FUND BALANCE AT JULY 1, 2002* $ 1,688,714 CURRENT FUND BALANCE _ $ 1,648,513 "Pre-audit figure Town of Oro Valley PUBLIC TRANSPORTATION FUND Budget Compared to Actuals Report Through July 31, 2002 Percentage of Year Completed 1/12 = 8.33% 2002/2003 Percentage July Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Federal Grant $ - $ - $ 194,400 0.0% Local Transportation Assistance Funds - - 177,550 0.0% Other 3,240 3,240 85,401 3.8% Fund Balance Carryforward 127,067 TOTAL REVENUES 3,240 3,240 584,418 0.7% EXPENDITURES: Personnel 9,811 9,811 262,424 3.7% Operations & Maintenance 3,474 3,474 93,994 3.7% Vehicles - - 228,000 0.0% Contingency - TOTAL EXPENDITURES $ 13,285 $ 13,285 $ 584,418 2.3% REVENUES LESS EXPENDITURES $ (10,045) $ (10,045) -VD BALANCE AT JULY 1, 2002* $ 159,208 CURRENT FUND BALANCE $ 149,163 *Pre-audit figure Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Compared to Actuals Report Through July 31, 2002 Percentage of Year Completed 1/12=8.33% 2002/2003 Percentage July Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: PAG Reimbursement $ - $ - $ 8,310,000 0.0% Interest-Investments - - 140,000 0.0% Development Impact Fees 58,232 58,232 1,004,000 5.8% Pima County Reimbursement - - 1,640,000 Fund Balance Carryforward 7,015,586 TOTAL REVENUES 58,232 58,232 18,109,586 0.5% EXPENDITURES: Personnel 9,221 9,221 271,778 3.4% Operations & Maintanence 1,800 1,800 199,450 0.9% Capital Improvements 104,496 104,496 12,145,000 0.9% Equipment &Vehicles - - 5,000 0.0% Contingency 5,488,358 TOTAL EXPENDITURES $ 115,517 $ 115,517 $ 18,109,586 0.9% ENUES LESS EXPENDITURES $ (57,285) $ (57,285) FUND BALANCE AT JULY 1, 2002* $ 7,396,717 CURRENT FUND BALANCE $ 7,339,432 *Pre-audit figure Town of Oro Valley ORO VALLEY WATER CONNECTION FEES FUND Budget Compared to Actuals Report Through July 31, 2002 Percentage of Year Completed 1/12= 8.33% 2002/2003 Percentage July Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Interest-Investments $ - $ - $ 75,000 0.0% Fund Balance Carryforward 5,704,945 TOTAL REVENUES - - 5,779,945 0.0% EXPENDITURES: Operations & Maintenance - - - Capital Outlay 8,647 8,647 3,472,000 0.2% Contingency 2,307,945 TOTAL EXPENDITURES $ 8,647 $ 8,647 $ 5,779,945 0.2% REVENUES LESS EXPENDITURES $ (8,647) $ (8,647) FUND BALANCE AT JULY 1, 2002* $ 5,673,647 CURRENT FUND BALANCE $ 5,665,000 -audit figure Town of Oro Valley ORO VALLEY WATER CONNECTION FEES DEBT SERVICE FUND Budget Compared to Actuals Report Through July 31, 2002 Percentage of Year Completed 1/12= 8,33% 2002/2003 Percentage July Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Single Family Connections $ 71,847 $ 71,847 $ 887,000 8.1% Commercial Connections 10,200 10,200 200,000 5.1% Other Connections - - 20,000 0.0% Interest- Investments - - 20,000 0.0% Fund Balance Carryforward - - 677,000 0.0% TOTAL REVENUES 82,047 82,047 1,804,000 7.3% EXPENDITURES: Debt Service Payments - - 1,127,000 0.0% Contingency - - 677,000 0.0% TOTAL EXPENDITURES $ - $ - $ 1,804,000 0.0% REVENUES LESS EXPENDITURES $ 82,047 $ 82,047 FUND BALANCE AT JULY 1, 2002* $ 622,974 ?RENT FUND BALANCE I $ 705,021 *Pre-audit figure Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through July 31, 2002 Percentage of Year Completed 1/12=8.33% 2002/2003 Percentage July Y-T-D Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 229,053 $ 229,053 $ 7,736,261 3.0% Service Charges & Meter Income 38,354 38,354 426,500 9.0% TOTAL REVENUES 267,407 267,407 8,162,761 3.3% OPERATING EXPENSES: Personnel 60,877 60,877 1,583,943 3.8% Operations & Maintenance 338,721 338,721 2,910,388 11.6% Depreciation &Amortization 118,568 118,568 1,601,600 7.4% TOTAL OPERATING EXPENSES 518,166 518,166 6,095,931 8.5% OPERATING INCOME (250,759) (250,759) 2,066,830 -12.1% NONOPERATING REVENUES (EXPENSES) Interest Income - - 300,000 0.0% IL._ ;rest Expense 148,501 148,501 2,088,687 7.1% TOTAL NONOPERATING REVENUES (EXPENSES) (148,501) (148,501) (1,788,687) NET INCOME $ (399,260) $ (399,260) $ 278,143 RETAINED EARNINGS AT July 1, 2002* $ 5,916,542 $ 4,901,682 CURRENT RETAINED EARNINGS $ 5,517,282 $ 5,179,825 *Pre-audit figure Town of Oro Valley ORO VALLEY WATER UTILITY Capital Budget Through July 31, 2002 Percentage of Year Completed 1/12=8.33% July Y-T-D 2002/2003 %Budget CAPITAL BUDGET Actuals Actuals Total Budget Completed Machinery&Equipment $ - $ - $ 234,900 0.0% Vehicles - - 28,500 0.0% Land - - - Meters - - 100,000 0.0% Wells - - 655,000 0.0% Booster Stations - - 712,500 0.0% Transmission/Distribution Main - - 1,418,375 0.0% Reservoirs - - 820,000 0.0% Hydrants - - - Telemetry - - - Structures - - 240,000 0.0% Water Rights _ - - - `TOTAL CAPITAL BUDGET $ - $ - $ 4,209,275 0.0% TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch, Project Manager SUBJECT: Project No. OV-21-01-01 Oro Valley Water Utility 16-Inch "D" and "F" Zone Transmission Main SUMMARY: Per the direction of Mayor and Council through the 2002-2003 Capital Improvement Budget of the Oro Valley Water Utility and, plans and specifications were provided for the acceptance of public bids for the following proj ect: Project No. OV-21-01-01 Oro Valley Water Utility 16-Inch "D" and "F" Zone Transmission Main rhe project alignment begins at a connection to the "D" zone booster station at Water Plant 1 (Oracle and Tangerine Roads) and proceeds northwest below grade approximately 1,500-feet to where it crosses the Arizona Department of Transportation (ADOT) right-of-way for Tangerine Road. ADOT has granted us a permit to install a 36-inch by 600-foot long steel casing placed below grade using jack and bore methods and then install the 16-inch main inside the casing. The 16-inch transmission main leaves the northern limits of ADOT and proceeds north approximately 6,000-feet under Innovation Way utility right—of-way to Water Plant 4. At Water Plant 4 the main is connected to an "F" zone booster station. It will then continue north approximately 1,000- feet and connect to the existing 16-inch main near Ventana Medical Systems. This project is identified in the first year of our five year capital improvement plan and in the Oro Valley Potable Water System Master Plan January 2000. ATTACHMENTS: Attachment A Bid Opening Tabulation Attachment B Site Plan FISCAL IMPACT: The total amount bid by the lowest bidder is $576,388.00 by KE&G Development, LLC. Engineers estimate is $707,000.00. Bond funds are available in the current year budget. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATIONS: A. We recommend the award of Contract No. OV-21-01-01 to KE&G Development, LLC, the lowest bidder in the amount of$576,388.00. B. Direct the Water Utility Director to prepare a Notice of Award to KE&G Development, LLC and transmit said Notice along with the Contract Agreement and Bond forms for execution. C. Direct the Water Utility Director to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. D. Authorize the Water Utility Director to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. E. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: move to approve the award of Contract No. OV-21-01-01 to KE&G Development, LLC, Or I move to deny 414 4,-.41kA Project M.sager g Water Utility Dir-ctor A. Town Manag-r Attachment A Bid Tabulation Y �PL�Eq�� O �O o� ti j '.-‘4:0C7S4tegattget ..."4 UNDED'\91 • s . , • - , . , ....g O cr o c 0o o oo oo-c, 0 ~ M C 00 M 7' M 01 N N <O O - O 00 N tet• O o0 N O O N 7r N N M VD LO VO `O `O VD `O O 64 f/9 60, bre} b4 6,3 4 a) .4 8 4 o g N N-1N i'' 'd v) w � o c w E. a)O a) .,D d ,..-, . w w SON . � En � ' o Cl) Cl) Cl) Cl) Cl) Cl) Cl) O a w • g ON a) M U `O O cti.) C 48 ,cNNUOQ a) U 'd U = N N G P4 VD 'd r+ O rn 00 00 A-, 00 00 , 00 cri H N p ct ct C cd a) ON c�3 0 ct •�. c� IJP Nc ,OO E; � � N -, •"6, bl) -4:-.' -t 't cn 2;-4 P-i (11' S), ., cp -= H -, z -, cr, ,-, 0 E v...1 ,, ciL rz-i W p:11- 4_,>; ,s.) vi 8 cd S -e 4 vi 8 0 c15' a) 0 M ,� c� O ° pq ° ' `� Cl) a1 �n v� A4 Z '� U � •• ( E a) o O c o o� O •' 0000 = c`n `1 N O d- •�... cr' '-' .> L7 Lf) E-+ 4, E-+ ,-. H O L7 r-. H 00 ,4 c E-•H p.., ►' ti b4 w Q .� a) = _5 4:) bl) U cz C N , 'dam p p O a ,� .0 H 4 o P � . .4_4 c427 Aa' � U •o ♦, U o O E5 .23 74) ct ,--. as 0 ,.. 4. O U En )..--t ,.� Yi O O s-.. O O s.... o al U a H C'4 >-. L.) L7U U U r-., Z HU cnU 0 0 0 0 0 0 M r- r m © N 00 ,7r M © O ['''- 01 t-'`- EA E4 EA 69 a) a) a) Cl) Cl) a r a) a) a) o- � E. N � N mo�' � kr) p4kr) oo •ct o0 4J o0 0 . .--� ' w . ° ° ° CA 0 00 U Cl) ct3 NH r--+ H MH '6 r, cn .— 'rn/r)4 N ct �� . -E .- 0 :•- .4 "iCi::...: 0 . (.....) C.41 U 46 C't 7) „o g 8 ,__H-r-' I) c 0 v o ff Attachment B Site Plan o <'o o�- 2 t hfr A:.. k._ '�ll�Mr,�1ll� A•o �4,UNDED w ro V RANCHO I VISTOSO BLVD. L29`` f32(/) f 11( Q i 1 A fit— a � HIS PROJEC ' 0 I TANGERINE ROAD III 31 . / 6 . I �l ff !fr) I ,1 — CD .. nom^ .:}'�:• "/J• _ _ i� ,.i: til... t'• 'T.:: �.,,t •T...,._.. •i! i.y.ice: -Y!:^ '� *y' '4•' {� oa+i.. 'Si ,... S Y.- .� '-may. :.:�?s .i ,:�:�.• �'�: ��]v}n, y .,i.. �. ac�..�"3.•. ..ice wG:...,.,,, "T � ': $ _..1•'4 �t� r.• !i:: :r 1':e1' ;.`.3".S' •t t �n- 5 � .Yy.. �`N'. ..i'•'t 'Y N•. ?�f :J. 1. � naf. .`I +�.r �.•,:::...;: �`` Gn. 1 ti �S !l L'�:•- s ,.•;�t,.�.a'.H.:'�. y�� 'i. t )' ..:i=i .•i.. '•L`i'•kL:•. !1 •;w ...«a1:3........L,...... ....;,',:c, ...1::.,.._`T:. r'..... , r..� , �. ���: .•.�->. :4t•..e.t..•F.±:...,wt.Mk�r!......'»,...-...�M.r C-...:t•:'.e...,..,J..._...5::k ir�+.::rn:sav�_i,:3._.•_�?}�z.....r.z..yx: .. +!'. -.,- _..�.E ,s.r•.. es ,}'J�.��.:+�=:,,. .. 1�'t':.,..-.,:j3�c�•..:t�_:...�+..,...��w.a<._.ic«:..7,v...�_..<.. .._,Ssad.:}l..�i•�:•:%4�.._ .n:.....�,.1-L, .aa.*..,7a LOCATION SAP A PORTION OF SECTION 31 & 32 T11S R14E, G&SRM, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA JUNE 2 0 0 2 REVISIONS F TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: Resolution No. (R)02- 74 , accepting that portion of Moore Road between Rancho Vistoso Boulevard and a point 257' west of the centerline of Eagleview Drive for maintenance as a public street. SUMMARY: Paving has been completed on the portion of Moore Road between Rancho Vistoso Boulevard and a point 257' west of the centerline of Eagleview Drive. The street was constructed with the early phases of Rancho Vistoso Unit 1 and a later portion in conjunction with Sunset Ridge II (also known as Rancho Vistoso Neighborhood 10 Parcel M). The Vistoso Partners have requested that the Town now accept that portion of Moore Road for maintenance. The right-of-way has been dedicated to the Town of Oro Valley. The Department of Public Works staff has reviewed this portion of Woodburne Avenue and find that it substantially meets the requirements for acceptance as set forth in the Town Code, Chapter 7 Article 7-9-1 Acceptance of Deeded or Dedicated Streets, Drainageways and Rights-of-way. The street segment to be accepted totals 0.5 miles in length. ATTACHMENTS: 1. Resolution No. (R)02- 74, A resolution of the Town of Oro Valley, Arizona accepting that portion of Moore Road between Rancho Vistoso Boulevard and a point 257' west of the centerline of Eagleview Drive for maintenance as a public street. 2. Map of street segment to be accepted. FISCAL IMPACT: Yearly maintenance costs would average approximately $19,500, including signage, sweeping, striping, crack-sealing and surface maintenance. This figure is based on a typical average cost of$0.75 per square yard of paving per year. RECOMMENDATIONS OF STAFF: The Department of Public Works recommends approval of Resolution No. (R)02-74 accepting that portion of Moore Road between Rancho Vistoso Boulevard and a point 257' west of the centerline of Eagleview Drive as a public street. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to approve Resolution No. (R)02-74 , accepting that portion of Moore Road between Rancho Vistoso Boulevard and a point 257' west of the centerline of Eagleview Drive for maintenance as a public street. or I move to deny Resolution No. (R)99-74 , accepting that portion of Moore Road between Rancho Vistoso Boulevard and a point 257' west of the centerline of Eagleview Drive for maintenance as a public street. P.ul K. Nzomo, P.E., Engineering Division Manager 1,,t) William A. Jansen, Ph-,- own Engineer Chuck Sweet, Town Manager ,. 441 ••4 1 . 4i L 41 I im tik. ai ill Ili II mew / 411111111sii 1 0 4.! / Ill WO IIIM. 1.1 111111 MP 1111 IP t 11 1111 111111 00 egg • i 1 N.III 1-11 1101 00 WI 11 0 . 0 wig 00 0•11.01i. 'On P.- .1(f' r -- ' 0 1W 00° ' (in d iii 011110 Lmm,1101 ,--' A . _ -- .At4ini aydM , _,_. ,_._ ai Iii ,,_..._ . * iirim Pi-P•akz 0 ;firein K o, .*-_ ovely \ * *4 *oft 4 o ' - I gm di • , ` 1 lcD I 0)4/ 1 iic),.7,, - 4 3J , 0 garvanti vcre- ir 1ft . 4 1 28_ 0;11 otk. .A111, ‘ 4 It 1110 e ts, v\7O k iii111111 WES" qip 1111P14 11 rdi 1110 Loa* oe 9c'' OS- 011F 14,411" '-,0)- )P a didlio...000 os RESOLUTION NO. (R)02-74 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING THAT PORTION OF MOORE ROAD BETWEEN RANCHO VISTOSO BOULEVARD AND A POINT 257' WEST OF THE CENTERLINE OF EAGLEVIEW DRIVE FOR MAINTENANCE AS A PUBLIC STREET WHEREAS, the Town Council of the Town of Oro Valley, Arizona recognizes that no record of formal acceptance for maintenance of Moore Road from Rancho Vistoso Boulevard to a point 257' west of Eagleview Drive exists; and WHEREAS, the developers have constructed that portion of Moore Road with the intent that it be turned over to the Town of Oro Valley for maintenance; and WHEREAS, all conditions for repair and maintenance prior to acceptance, as set forth by the Town Engineer, have been substantially met; and WHEREAS, The Mayor and administrative officials of the Town of Oro Valley are authorized to take steps necessary to accept this street segment on behalf of the Town of Oro Valley, Arizona; therefore NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS, THAT: The Town Council hereby approves the acceptance of Moore Road from Rancho Vistoso Boulevard to a point 257' west of the centerline of Eagleview Drive for maintenance as a public street: PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day ofseptembex-2002. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Date Dan L. Dudley, Town Attorney Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Steven Faaborg, Senior Civil Engineering Technician SUBJECT: Resolution No. (R)02-75 , accepting those streets within the Desert Vista subdivision for maintenance as public streets. SUMMARY: Substantial build out has occurred within the Desert Vista subdivision and the developer, Cottonwood Properties, has requested that the Town assume maintenance responsibility for the internal streets in the subdivision. The rights-of-way have been dedicated to the Town of Oro Valley by plat and the streets have had a surface treatment acceptable to the Town Engineer applied. The Department of Public Works staff has reviewed streets within the subdivision and find that they meet the requirements for acceptance as set forth in the Town Code, Chapter 7 Article 7-9-1 Acceptance of Deeded or Dedicated Streets, Drainageways and Rights-of-way. This resolution would formalize the acceptance of the following streets or street segments totaling approximately 1.92 miles: • Sun Rose Drive from Naranja Drive to Bird of Paradise Drive. • Bird of Paradise Drive from Meadow Sage Drive to and including the cul-de- sac. • Mountain Breeze Drive from Bird of Paradise Drive to Glover Road. • Meadow Sage Drive from Bird of Paradise Drive to Glover Road. • Petunia Place from Meadow Sage Drive to and including the cul-de-sac. • Geranium Place from Meadow Sage Drive to and including the cul-de-sac. • Silver Berry Place from Meadow Sage Drive to and including the cul-de-sac. • Twin Spur Court from Naranja Drive to and including the cul-de-sac. • Periwinkle Place from Twin Spur Court to and including the cul-de-sac. • Verch Way from Veronica Drive to Glover Road. • Veronica Drive from La Tanya Drive to Verch Way. • Butterfly Bush Place from Verch Way to and including the cul-de-sac. ATTACHMENTS: 1. Resolution No. (R)02-75 , A resolution of the Town of Oro Valley, Arizona accepting those streets within the Desert Vista subdivision for maintenance as public streets. 2. Map of streets included in this acceptance. FISCAL IMPACT: Yearly maintenance costs would average approximately $23,700, including signage, sweeping, striping, crack-sealing and surface maintenance. This figure is based on a typical average cost of$0.75 per square yard of paving per year. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 RECOMMENDATIONS OF STAFF: The Department of Public Works recommends approval of Resolution No. (R)02-75 accepting those streets within the Desert Vista subdivision for maintenance as public streets. SUGGESTED MOTION: I move to approve Resolution No. (R)02a5 , accepting those streets within the Desert Vista subdivision for maintenance as public streets. or I move to deny Resolution No. (R)02-75 , accepting those streets within the Desert Vista subdivision for maintenance as public streets. Paul K. Nzomo, P.E., Engineering Division Manager IA)L.,Lt William A. Jansen, P. 'It•wn Engineer Chuck Sweet, Town Manager 2 r r___, \ - . - 1 1 , _____„ i it i ,„ ___ ii _ ,_____ 1 ) i * - . 1 t 1 - i -- z i 41 . 4& IIW) ' 71?. . # I jz. 1 .___________ , .,,:, 7___. > (1 VIIII 1114 4 , ri - --- zc • 45-- " i‘j 4 , 1 mat", a - mono ,m,,,,, ,rixicrinnic? _Pir . 1 rill . v'-- -.'‘ - CD 1 11 AMINIall 1111 ‘Win 2 rill I i$11111111111INIIIW1 I v Ski I I it 1.1111TITIM1 r-Th fttillI101111 1 < v 0 g libil----- 4rativ,. 4,11F _ is _ itkii lvilks i ff .--, oi:.‹- - 116'' la IIIL- 4* -.Ea i it' 11- ' /11171118I \ m ii. r t [ , II 1 _ 1 t Wit 41 is 4101911111111111111111111111 Li _ 010201111111 11 L PP> z i . i 1 , --Th \ _ , _ _ , i , 1 LA- CAr:LAVA Pg IVE RESOLUTION NO. (R)02- 75 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTING THOSE STREETS WITHIN THE DESERT VISTA SUBDIVISION FOR MAINTENANCE AS PUBLIC STREETS WHEREAS, the Town Council of the Town of Oro Valley, Arizona recognizes that no record of formal acceptance for maintenance of the streets within the Desert Vista subdivision exists; and WHEREAS, the developer has constructed the subdivision improvements with the intent that the streets within the Desert Vista subdivision be dedicated and turned over to the Town of Oro Valley for maintenance; and WHEREAS, all conditions for repair and maintenance prior to acceptance, as set forth by the Town Engineer, have been met for the streets within the Desert Vista subdivision; and WHEREAS, The Mayor and administrative officials of the Town of Oro Valley are authorized to take steps necessary to accept these streets on behalf of the Town of Oro Valley, Arizona; therefore NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS, THAT: The Town Council hereby approves the acceptance of the streets within the Desert Vista subdivision as public streets: PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this.4th day of september2002. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Date Dan L. Dudley, Town Attorney Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: Sept 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: José Rodriguez,P.E.,Project Manager SUBJECT: Resolution (R) 02- 7 6 Acceptance of bids and award of contract to Southern Arizona Paving for Project No. OV 30 01/02 23 Sun City Vistoso Units 3, 4, 8, 9, 10, 11, 12, & 15 for Pavement Rehabilitation SUMMARY: This project involves the pavement sealing by use of polymer modified slurry seal; hot mix skin patching; pavement removal and replacement; stop bar pavement markings; and other incidental work The purpose of this project is to preserve and to prolong the pavement life span. In response to the advertisement for bids,the Town received three bid proposals. The bid proposals were opened by Town staff at 2:00 P.M. Tuesday, August 20, 2002. The following is a summary of the bids received along with the engineer's estimate: 1. Southern Arizona Paving $155,425.30 2. Sunland, Inc. $170,152.00 3. Intermountain Slurry Seal, Inc. $170,170.17 Engineer's Estimate $185,602.36 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: Resolution(R) 02-76 FISCAL IMPACT: Funding for this project is available from budgeted Town funds Funding Summary: Fiscal year 00/01 $218,000.00 Design (In-House) $ 3,046.00 RECOMMENDATION: Public Works staff recommends the awarding of this contract to Southern Arizona Paving, Inc. through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R) 02 - 76 OR I move to deny Resolution(R) 02 - 76 it� _ 'moi �„ Paul K.Nzomo,P.E., Engineering Div. Manager 71._li,a---- tL William A. Jansen,P.E., `Art Engineer ae4,4t4e.exi , Chuck Sweet, Town Manager RESOLUTION NO. (R) 02-76 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO ACCEPT THE BID AND AWARD OF CONTRACT TO SOUTHERN ARIZONA PAVING, INC. FOR THE SUN CITY VISTOSO UNITS 3,4, 8,9, 10, 11, 12, & 15 FOR PAVEMENT PRESERVATION. WHEREAS, the pavement preservation for Sun City Vistoso, Units 3,4, 8, 9, 10, 11, 12, & 15 within the Town's Right of Way is necessary to the public health, safety, and welfare in order to preserve public infrastructures and provide for the safe, and effective movement of vehicular and pedestrian traffic and preservation of the Town's infrastructures;and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with Southern Arizona Paving, Inc. for the Sun City Vistoso Units 3, 4, 8, 9, 10, 11, 12, & 15 for pavement pavement preservation by use of polymer modified slurry seal; hot mix skin patching; pavement removal and replacement; stop bars and other incidental work. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: That Mayor is authorized to accept the bids and award the contract with Southern Arizona Paving, Inc. for pavement preservation in Sun City Vistosos Units 3, 4, 8, 9, 10, 11, 12, 15 by use of polymer modified slurry seal;hot mix skin patching; pavement removal and replacement;stop bars and other incidental work. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona this 4 t h_day of s e p t emb g 12002. TOWN OF ORO VALLEY,ARIZONA Paul H.Loomis,Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan Dudley,Town Attorney Date Date TOWN OF ORO VALLEY G. COUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Consideration and Possible Award of Bid for Investment Advisory Services to Wells Fargo Bank Arizona SUMMARY: On June 24, 2002 the Town's Finance Department issued and advertised a request for proposals (RFP) for investment advisory services. Financial institutions were requested to submit proposals for investment advisory services which initially will be related to management of the Town's long term debt service reserve funds. On July 12, 2002 six proposals were received from the following institutions: • RBC Dain Rauscher/Canyon Community Bank; Tucson Arizona • Wells Fargo Bank Arizona; Oro Valley/Phoenix, Arizona • Cypress Asset Management; Carmel California • Edward Jones/Peggy Klein; Oro Valley, Arizona • US Bancorp Piper Jaffray; Evergreen, Colorado • Investment Advisor of the Southwest, LLC/ Peacock, Hislop, Staley & Given; Phoenix, Arizona These proposals were analyzed based on the evaluation criteria that were outlined in the RFP including the firms' understanding of the Town's investment policy as adopted by Mayor and Council on May 15, 2002. ATTACHMENTS: 1. Notice of Request for Proposal for Investment Advisory Services 2. Resolution No. (R)02-37 - Town of Oro Valley Investment Policy RECOMMENDATION: Each of the six institutions are well known and well respected throughout the investment advisory community. However, among other factors, there was a broader array of basis points charged as fees for services from each institution ranging from a low of 20 basis points to a high of 100 basis points. The fee structure offered by Wells Fargo Bank at 20 basis points was the lowest and its investment strategy reflects a cash liquidity policy that most closely mirrors the Town's adopted policy. Rates of return should be similar for all six institutions, due to the constraints of the Town's investment policy and eligible investments per our bond covenants. Therefore, staff recommends award of bid to Wells Fargo Bank Arizona. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to award the bid for investment advisory services to the Wells Fargo Bank Arizona and direct staff to perform the necessary steps to execute the contract with said institution. or I move to . . . 2 (,),), „.._ David L. Andrews Finance Director Chuck Swee Town Manager '-`t:4::,% Town Town of Oro Valley, Arizona . . Notice of Request for Proposal N �as-" s.'° 't� t a �Vi.JED� "CEDED Request for Proposal: Investment Advisory Services Proposal Due: July 12,2002 Proposal Time: 5:00 pm MST Contact: Melody Niese, Management&Budget Analyst Phone: (520)229-4733 Location: Town of Oro Valley Finance Department Mailing Address: 11,000 N.La Canada Drive Oro Valley,Arizona 85737 In accordance with the Town of Oro Valley Procurement Code and Policy competitive sealed proposals for the investment advisory services specified will be received by the Town of Oro Valley Finance Department at the specified location until the date and time cited above. Proposals shall be in the actual possession of the Town of Oro Valley Finance Department on or prior to the exact date and time indicated above. Late proposals will not be considered. Proposals shall be submitted in a sealed envelope with the Request for Proposal description and the offeror's name and address clearly indicated on the front of the envelope. All proposals shall be completed in ink or typewritten. .oV:.� N^b':• .,�„M� .,.......�.•. ..� .�4. ..•• ..;�. �.£^ ;>- �''.,�`t '.`3+E, ;,�,.-:r,....Gµqw.��•,.\,:;;.:::.. v`�•.V......5:;' .iJ�'^' `'+�'�' '.+�.'`�.� ::k„�•oop ao f2' "`i?3^.1`^'!..�. �.?n';;^t,, ,k. -'Z^.,�, .�c ��r�..�,.,:';f,�t: v\y °°°t'': � '�� � >i�.n�25+�%a�.�.a �..3�Gi� 'Y+”.oY�..;5}`'af..r•^.Sy, 'ii'� +:G•. ,� �`.�: ::'�.�� .�,.��^G�w. ��>, ....� .� .�-xt>,.. �^�,t t. .�,�:.:. .,�:,� ,�5,,�.G ,;tea,:. • .� yr 'R v�� .. - )�.},°'xi ^SSS• ^.w'�'. Gs,. ::%3 ^ � ^ �.'•'�., � `C ........< .. z ^Fx.'� �.5,..:;,.. ^• .•>u 't�:.- ::x' >..ft.- •'r`�:•�.r3M'x.:� �'•C:�:�>��'�•.�}>> 'Ch���'STa>.:\:.•bSwx•}m}};Y:� .a: ^.a:^.- ^..... >. >:'. ...•moi. To the Town of Oro Valley: The undersigned on behalf of the entity,firm,company,partnership,or other legal entity listed below offers on its behalf to the Town a proposal that contains all terms,conditions,specifications and amendments in the Notice of Request for Proposal issued by the Town. Any exception to the terms contained in the Notice of Request for Proposal must be specifically indicated in writing and are subject to the approval of the Town prior to acceptance. The signature below certifies your understanding and compliance with the terms and conditions contained in this Request for Proposal package issued by the Town. Federal Employer Identification For clarification of this offer contact: Number: Name: Telephone: Company Name Address Authorized Signature for Offer City State Zip Printed Name Title ... •: . a v}•:.• �peG NGOVn't,>�!t•:•]saO.G<}•�:•.oG::uy oGtv.�,w.u•'tt<-„•..yw.F.y..:Ga <ywcG•9G,w to'{a,x+ <GJCKG:,�:N:^?KC�^G�SS� . ,:N•: ^C:ItY.�yti` ofFA':aG KM:q:..Q. }•� �.�A :"�>.�� '.t, «G� .at..a�.< "`L-:, �'.o:`i^"Y?�d;��.-i:.. $>z�r,.�`,..�.�.•�`,+�.�..`-`�”" .,.�.5�,.`%;`, .;t��< n•�SS"is.•s��`t`G.:.,;c',< •r^G ..�... • ,�G JR'.t�'G' ��� .t:: x: v: .d 'L' 5:c:. �r`... �^:. s�; /AMM,yIF � .� �'2=•' ��� .�J:. a 9 1�7. Jt. •� .t. „�:t s:' ��{`e✓ `�•: .,t�1.`^''i\� p��.2.\ C\ � 1[� .�.�i:�.. ♦ �G�:,.J>.. Q�� ..."'•�(AV:B CX.• .•. �{n.K.,"�'"'Qv'+•N w'��••.^CTG?:H:SN?:)>[•%N}AVS.'M�.S�MYM������:^�iGM`N��\q)C!d)G'.�JMCNCtn�^:6�iYA%•$CN)PU'.V:^!PN��`C�O�SC%�,\:."P%`MntlLCh`��C.\\^>i\�:VA.^*\..\AW}>xYi>:,�`��,� iMS1A�'`M�(•\.'����)OA�GJ},Y{•\N}T�:4�.\+f<tiJi3V�TTM''.F.t... ,'(^"•\�. Your offer is accepted by the Town,subject to approval of each written exception that your proposal contained. The contract consists of the following documents: 1)Request for Proposal issued by the Town;2)Your offer in Response to the Town's Request for Proposal;3)This written acceptance and contract award. As the contractor,you are now legally bound to sell the materials and/or services listed by the attached award notice,based on the solicitation of proposals,including all terms,conditions,specification,amendments and your offer as now accepted by the Town. The Contractor shall not commence any billable work or provide any material or service under this contract until the Contractor receives written Notice to Proceed. Town of Oro Valley,Arizona Effective Date: Attested by: Approved as to form: Kathryn E.Cuvelier,Town Clerk Dan Dudley,Town Attorney Contract Awarded Date: Paul H.Loomis,Mayor 1 Town of Oro Valley JPLLEY 4/ q-° 0,p °,p REQUEST FOR PROPOSAL Finance Department f z#£ 11,000 N. La Canada Drive Oro Valley AZ 85737 anyy :O'!.rt 2✓.,[w'!.`S'�,...Ja.�' INSTRUCTIONS TO OFFEROR Phone: (520)229-4700 Fax: (520)297-0428 1. PREPARATION OF PROPOSAL: a. Telephonic(facsimile)or mailgram proposals will not be considered. b. The Offer shall be submitted with an original ink signature by a person authorized to sign the offer. c. No proposal shall be altered,amended,or withdrawn after the specified proposal due date and time. d. Periods of time,stated as a number of days,shall be calendar days. e. It is the responsibility of all Offerors to examine the entire Request for Proposal package and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a bid. Negligence in preparing a Proposal confers no right of withdrawal after proposal due date and time. 2. INQUIRIES: Any question related to the Request for Proposal shall be direct to the Contact whose name appears on the front. 3. LATE PROPOSALS: Late Proposals will not be considered. An Offeror submitting a late proposal shall be so notified. 4. WITHDRAWAL OF PROPOSAL: At any time prior to the specified proposal due date and time,an Offeror(or designated representative)may withdraw the proposal. Telegraphic(facsimile)or mailgram proposal withdrawals will not be considered. 5. AMENDMENT OF PROPOSAL: At any time prior to the specified proposal due date and time,an Offeror(or designated representative)may amend the proposal. Telegraphic(facsimile)or mailgram proposal amendments will not be considered. 6. COST OF BID/PROPOSAL PREPARATION: The Town shall not reimburse the cost of developing,presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply,providing adequate information in a straightforward and concise manner. 7. PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the Town and shall become a matter of public record available for review,subsequent to the award notification. 8. EVALUATION: In accordance with the Town of Oro Valley Procurement Code and Policy,awards shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Town, based upon the evaluation criteria listed below. a. Understanding of the Town of Oro Valley adopted Investment Policy and the investment objectives and constraints unique to the Town of Oro Valley. (See attached Investment Policy) b. Understanding of the terms set forth in the trust indentures of the long term debt issuances for the debt service reserve funds,which will be the primary funds invested by the potential advisor (See attached list of authorized investments) c. Experience,resources,and qualifications of the firms and individuals assigned to this account d. Experience of the firm in managing state/local govemment operating funds. In evaluating the firm's experience,past performance data will be evaluated in the context of portfolio objectives and constraints,as well as risks e. Recommended approach to management of the Town of Oro Valley portfolio f. Additional investment or financial services offered or available through affiliation g. Fees relative to services h. Assessment of potential investment advisors during interviews held for select candidates 9. PROPOSAL FORMAT: Proposals shall be submitted with one(1)original and two(2)copies in the format as contained in the Request for Proposal. Proposals shall be on 8 1/2"x 11"paper with the text on one side only. The following items shall be addressed in the proposal submission: a. Organization • Describe your organization,date founded,and ownership of your firm and any subsidiaries and affiliates relevant to the govemmental entity. • Describe any arrangements maintained whereby your firm or any individual within the firm pays referral fees,finders fees, soft dollars or other similar consideration or benefits to consultants,brokers or any other third party. • Has the firm,its parent organization,subsidiaries,affiliates or any key personnel been subject to any litigation or legal proceedings related to investment operations during the past 3 years? If yes,please explain. • Describe your firm's research capabilities and resources. Does your firm assign credit research to specialists? • Is your firm familiar with and does it understand Arizona Revised Statues(ARS)35-321-323-324 and how it will affect these investments? 2 Town of Oro Valley E;1 YREQUEST FOR PROPOSAL Finance Department 11,000 N. La Canada Drive . < Oro Valley AZ 85737 INSTRUCTIONS TO OFFEROR Phone: (520)229-4700 Fax: (520)297-0428 b. Personnel • Identify the size and key personnel of your staff commitment to the public sector,and their credentials. • Provide biographical information on investment professionals that will be directly involved in the decision-making process of our portfolio. • What has your turnover rate been for key personnel over the past 12 months? c. Account Staffing and Servicing • Who would have overall responsibility for the account and who would be the primary client contact? • Other than those named above,who else would work on the account? • Please supply the following information for each individual named in response to any question in this section:name,title, years with the firm,years of investment experience,degrees and professional designations d. Assets under Management • Summarize your assets under management over the past three years. Categorize as appropriate to include cash component. • Provide relevant performance statistics on operating funds,and compare with industry averages or benchmarks. • List your ten largest(or most representative)governmental clients. • How many accounts have you gained in the last 12 months? How many accounts have you lost in the last 12 months? e. Investment Management Approach and Discipline • Describe how your firm organizes its investment management process. What oversight is provided to portfolio managers? • What are the primary strategies for adding value to portfolios(e.g.market timing,credit research,trading)? • Describe the process you would recommend for establishing the investment objectives and constraints for this account? • How will you handle fluctuating cash flows and the cash forecasting process? • How frequently would you suggest your staff meet with the government entity's staff? f. Reporting • Describe the frequency and format of reports that you would provide to our staff. Attach examples. • What performance benchmarks would you suggest for this portfolio? g. Fees • Provide the fee schedule that would apply to this account. • What expenses would be covered through the fee structure? • What additional costs could be required in order to implement your program? 10. PROPOSAL OPENING: Proposals shall be opened at the time and place designated on the cover page of this document. The name of each offeror and the identity of the Request for Proposals for which the proposal was submitted shall be publicly read and recorded in the presence of witnesses. Proposals,modifications and all other information received in response to this Request for Proposals shall be shown only to Town Personnel having a legitimate interest in the evaluation. After contract award,the successful proposal and the evaluation documentation shall be open for public inspection. 11. AWARD OF CONTRACT: a. Notwithstanding any other provision of this Request For Proposal,the Town expressly reserves the right to: 1. Waive any immaterial defect or informality;or 2. Reject any or all proposals,or portions thereof,or 3. Reissue a Request for Proposal. b. A response to a Request for Proposal is an offer to contract with the Town based upon the terms,conditions and specifications contained in the Town's Request for Proposal and the written amendments thereto,if any. Proposals do not become contracts unless and until they are accepted by the Town Council. A contract is formed when written notice of award(s)is provided to the successful Offeror(s). The contract has its inception in the award document,eliminating a formal signing of a separate contract. For that reason,all of the terms and conditions of the procurement contract are contained in the Request for Proposal. 3 Town of Oro Valley °�PLLEY,gR2o Finance Department TERMS AND CONDITIONS11,000 N. La Canada Drive Oro Valley Arizona 85737 - ::- Phone: (520)229-4700 Fax: (520)297-0428 THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT. 1. Purpose: Pursuant to provisions of the Town Procurement Code and Policy,the Town of Oro Valley Finance Department intends to establish a contract for an Investment Advisor. 2. Authority: This Solicitation as well as any resultant contract is issued under the authority of the Town. No alteration of any resultant contract may be made without the express written approval of the Town in the form of an official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract. Any such action is subject to the legal and contractual remedies available to the Town inclusive of contract cancellation. 3. Offer Acceptance Period: In order to allow for an adequate evaluation,the Town requires an offer in response to this Solicitation to be valid and irrevocable for sixty(60)days after the opening time and date. 4. Eligible Agencies: Any contract resulting from this Solicitation shall be for the exclusive use of the Town of Oro Valley. 5. Contract Type: Fixed price 6. Term of Contract: The term of any resultant contract shall commence on the first day of the month following date of award and shall continue for a period of three(3)years thereafter, unless terminated,cancelled or extended as otherwise provided herein. 6.1. Termination of Contract: This Contract may be terminated by an authorized agent of either the Town or contractor for cause with ninety(90)days written notice of such intent to terminate. The notice shall specify the cause for termination. Moreover,the notice shall not be effective until received. Notice shall be made as follows: A. Notice to the Town: David Andrews,Oro Valley Finance Director 11,000 N. La Canada Dr. Oro Valley,Arizona 85737 B. Notice to the Contractor 7. Contract Extension: By mutual written contract amendment,any resultant contract may be extended for supplemental periods of up to a maximum of twenty-four(24)months. 8. Contract: The contract between the Town and the Contractor shall consist of(1)the Solicitation, including instructions,all terms and conditions,specifications,scopes of work,attachments,and any amendments thereto,and(2)the offer submitted by the Contractor in response to the solicitation. In the event of a conflict in language between the Solicitation and the Offer,the provisions and requirements in the Solicitation shall govern. However,the Town reserves the right to clarify,in writing,any contractual terms with the concurrence of the Contractor,and such written contract shall govern in case of conflict with the applicable requirements stated in the Solicitation or the Contractor's offer. The Solicitation shall govern in all other matters not affected by the written contract. 9. Contract Amendments: This contract may be modified only by a written amendment to the contract signed by persons duly authorized to enter into contracts on behalf of the Town and Contractor. 10. Contract Applicability: The Offeror shall substantially conform to the terms,conditions,specifications and other requirements found within the text of this specific Solicitation. All previous agreements,contracts,or other documents,which have been executed between the Offeror and the Town are not applicable to this Solicitation or any resultant contract. 11. Price Adjustment: The Town of Oro Valley Finance Department will review fully documented requests for fee increases after the contract has been in effect for three(3)years. Any fee increase adjustment will only be made at three(3)years and then at the time of contract extension. Any fee increases will be a factor in the extension review process. The Town of Oro Valley Finance Department will determine whether the requested fee increase or an alternative option,is in the best interest of the Town. Any fee adjustment will be effective upon the effective date of the contract extension or amendment date. Advanced 30 day written notification by the contractor is required for any fee changes. 12. Licenses: Contractor shall maintain in current status all Federal,State and Local licenses and permits required for the operation of the business operated by the Contractor as applicable to this Contract. 4 Town of Oro Valley pJPLLE %o Finance Department 11,000 N.La Canada Drive � p ,�st TERMS AND CONDITIONS,s9 . �t Oro Valley,Arizona 85737 Phone: (520)2294700 Fax: (520)297-0428 13. Applicable Law: In the performance of this agreement,contractors shall abide by and conform to any and all laws of the United States,State of Arizona and Town of Oro Valley including but not limited to federal and state executive orders providing for equal employment and procurement opportunities,the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this agreement. This contract shall be governed by the Town and the Contractor shall have all remedies afforded each by the Uniform Commercial Code,as adopted by the State of Arizona,except as otherwise provided in this contract or in statutes pertaining specifically to the Town. This contract shall be governed by the laws of the State of Arizona and suit pertaining to this contract may be brought only in courts in the State of Arizona. This contract is subject to the provisions of ARS§38-511;the Town may cancel this contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating,negotiating,securing,drafting or creating the contract on behalf of the Town or any of its departments or agencies,is at any time while the contract or any extension of the contract is in effect,an employee 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. This Contract is subject to the provisions of A.R.S.38-503(A)and(B)relating to Conflict of Interest. 14. Provisions Required by Law: Each and every provision of law and any clause required by law to be in the contract will be read and enforced as though it were included herein,and if through mistake or otherwise any such provision is not inserted,or is not correctly inserted,then upon the application of either party,the contract will forthwith be physically amended to make such insertion or correction. 15. Assignment-Delegation: No right or interest in this contract shall be assigned by Contractor without prior written permission of the Town and no delegation of any duty of Contractor shall be made without prior written permission of the Town. 16. Subcontracts: No subcontract shall be entered into by the contractor with any other party to furnish any of the material or service specified herein without the advance written approval of the Town. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract and if the Subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not Subcontractors are used. 17. Rights and Remedies: No provision in this document or in the vendor's offer shall be construed,expressly or by implication,as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. The failure of the Town to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract,or by law,or the Town's acceptance of and payment for materials or services,shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law,and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of the Contract. 18. Indemnification: To the fullest extent permitted by law,the Contractor shall defend,indemnify and hold harmless the Town,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,alleged to have resulted from the acts,errors,mistakes,omissions,work of services of the Contractor,its employees,agents,or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend,hold harmless and indemnify the Town,its agents, representatives,officers,directors,officials and employees shall 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 including loss of use resulting therefrom,caused by any acts,errors,mistakes,omissions,work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts,errors,mistakes,omissions,work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 19. Insurance Requirements: The Contractor,at Contractor's own expense,shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed,possessing a current A.M.Best, Inc.Rating of B++6,or approved unlicensed in the State of Arizona with policies and forms satisfactory to the Town. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted;failure to doe so may,at the sole discretion of the Town, constitute a material breach of this Contract. 5 Town of Oro Valley Finance Department ' TERMS AND CONDITIONS 11,000 N. La Canada Drive ' Oro Valley,Arizona 85737 Phone: (520)229-4700 '1ANDED Fax: (520)297-0428 The Contractor's insurance shall be primary insurance as respects the Town,and any insurance or self-insurance maintained by the Town shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Town. The insurance policies,except Worker's Compensation,shall contain a waiver of transfer rights of recovery(subrogation)against the Town,its agents,representatives,directors,officers,and employees for any claims arising out of the Contractor's acts,errors, mistakes,omissions,work or service. The insurance policies may provide coverage which contain deductibles or self-insured retentions. Such deductible and/or self- insured retentions shall not be applicable to the coverage provided to the Town under such policies. The Contractor shall be solely responsible for the deductible and/or self-insured retention and the Town,at its option,may require the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The Town reserves the right to request and to receive,within 10 working days,certified copies of any or all of the herein required insurance policies and/or endorsements. The Town shall not be obligated,however,to review same or to advise Contractor of any deficiencies in such policies and endorsements,and such receipt shall not relieve Contractor from,or be deemed a waiver of the Town's right to insist on,strict fulfillment of Contractor's obligations under this Contract. The insurance policies,except Worker's Compensation and Professional Liability,required by this Contract,shall name the Town, its agents,representatives,officers,directors,officials and employees as Additional Insureds. 20. Required Insurance Coverage: a. Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than$1,000,000 for each occurrence with a$2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury,broad form property damage, personal injury,products and completed operations and blanket contractual coverage including,but not limited to,the liability assumed under the indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office,Inc.Policy Form CG 00011093 or any replacements thereof. The coverage shall not exclude X,C,U. Such policy shall contain a severability of interest provision,and shall not contain a sunset provision or commutation clause,nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office,Inc.'s Additional Insured, Form B,CG 20101185,and shall include coverage for Contractor's operations and products and completed operations. If required by this Contract the Contractor subletting any part of the work,services or operations awarded to the Contractor shall purchase and maintain,at all times during prosecution of the work,services or operations under this Contract,an Owner's and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of the Contractor's work,service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than$1,000,000 per occurrence,and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. d. Professional Liability The Contractor retained by the Town to provide the work or service required by this Contract will maintain Professional Liability insurance covering acts,errors,mistakes and omissions arising out of the work or services performed by the Contractor,or any person employed by the Contractor,with a limit of not less than$1,000,000 each claim. 21. Certificates of Insurance: Prior to commencing work or services under this Contract,Contractor shall furnish the Town with Certificates of Insurance,or formal endorsements as required by the Contract,issued by Contractor's insurer(s),as evidence that policies providing the required coverages,conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies)required by this Contract is(are)written on a"claims made"basis,coverage shall extend for two years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance. 6 Town of Oro Valley .10-LEYgR� Finance Department Oay3429 • TERMS AND CONDITIONS 11,000 N.La Canada Drive Oro Valley,Arizona 85737 Phone: (520)2294700 ' ,,, ,e Fax: (520)297-0428 If a policy does expire during the life of the Contract,a renewal certificate must be sent the Town fifteen(15)days prior to the expiration date. 22. Insurance Cancellation and Expiration Notice: Insurance required herein shall not expire,be canceled,or materially changed without thirty(30)days prior written notice to the Town. 23. Independent Contractor: a. General The Contractor acknowledges that all services provided under this Agreement are being provided by him as an independent contractor,not as an employee or agent of the Town of Oro Valley. ii. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing his profession elsewhere. b. Liability The Town of Oro Valley shall not be liable for any acts of Contractor outside the scope of authority granted under this Agreement or as the result of Contractor's acts,errors,misconduct,negligence,omissions and intentional acts. ii. To the fullest extent permitted by law,the Contractor shall defend,indemnify and hold harmless the Town,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 acts,errors,mistakes,omissions, work or services of the Contractor,its employees,agents,or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend,hold harmless and indemnify the City,its agents,representatives, officers,directors,officials and employees shall arise in connection with any claim,damage,loss or expense that is attributable to bodily injury,sickness,death,or injury to,impairment,or destruction of property including loss of use resulting therefrom,caused by any acts,errors,mistakes,omissions,work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts,errors,mistakes,omissions,work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. c. Other Benefits The Contractor is an independent contractor,therefore,the Town will not provide the Contractor with health insurance,life insurance,workers'compensation,sick leave,vacation leave,or any other fringe benefits. Further,Contractor acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act(COBRA). Any such fringe benefits shall be the sole responsibility of Contractor. 7 Town of Oro Valley Finance Department ° % SCOPE OF WORK 11,000 N.La Canada Drive {`F r 4 Oro Valley,Arizona 85737 i► Phone: (520)2294700 Fax: (520)297-0428 The Town currently does not utilize investment advisory services,but is interested in seeking proposals primarily for management of the debt service reserve funds of the long term debt issuances. In time,the Town may request investment services of different funds. The Town expects the investment advisor to consult with the Finance Department on a regular basis. In addition to periodic reports, the Town requires that before any investment of funds,the Finance Director approves the transaction. 8 RESOLUTION NO. (R) 02- 37 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING AN INVESTMENT POLICY FOR THE TOWN OF ORO VALLEY, ARIZONA. WHEREAS, it is the policy of the Town of Oro Valley to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the Town and conforming to all applicable State and Federal statutes governing the investment of public funds, and; WHEREAS, the investment policy guidelines are intended to guide Town Management in planning and managing the Town's investment affairs and in developing recommendations to the Town Council, and; WHEREAS, an investment policy contributes significantly to credibility and confidence in government from the public and financial community, and; WHEREAS, an investment policy facilitates continuity in handling the Town's investment affairs; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Section 1 - Scope Subject to the provisions of any applicable financing document and the Investment Laws, this investment policy applies to all Town funds which include the General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds and Debt Service Funds. All funds are accounted for in the Town of Oro Valley's Comprehensive Annual Financial Report. Section 2 — Objective While conforming to federal, state and other legal requirements the primary objectives, in priority order, of the Town of Oro Valley investment activities shall be: A. Safety The principal goal of the investment program is the preservation and safety of the capital of all Town Funds. Each investment transaction shall seek to first ensure that capital losses are avoided, whether they are from security defaults or erosion of market value. 1 B. Liquidity The town's investment portfolio shall remain sufficiently liquid in order to meet the operating requirements that may be reasonably foreseen. The investment portfolio should be composed in such a way that securities mature concurrent with cash needs to meet required demands. C. Yield The town's investment portfolio shall attain the highest rate of return through budgetary and economic cycles taking into account the constraints imposed by its safety objectives, cash flow considerations and state laws that restrict the placement of certain public funds. Section 3 - Standard of Care A. Delegation of Authority Authority to manage the investment program is granted to the Town Finance Director, under the supervision of the Town Manager. Responsibility of the operation of the daily investment program is delegated to the Finance Director, who shall carry out the operation of the investment program consistent with this investment policy. No employee may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. B. Prudence The standard of prudence to be used by the Finance Director shall be the "prudent person" standard and shall be applied in the context of managing the overall portfolio. The Finance Director, shall exercise due diligence and not be liable for losses. The "prudent person" standard with respect to Town investments shall be the exercise of judgment and care, with prudence, discretion and intelligence that a person would exercise in their own affairs, not for speculation, but for investment, considering the primary objectives set forth in Section 2 of this policy. C. Ethics and Conflicts of Interest Employees involved in the investment process should refrain from conducting personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees should disclose any material interests in financial institutions with which they conduct business. They should disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees shall refrain from undertaking personal investment transactions with the same individual that conducts business with the Town. 2 Section 4 - Safekeeping and Custody A. Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the Town are protected from loss, theft or misuse. B. Collateralization Collateralization of 102% will be required on two types of Town investments: certificates of deposit and repurchase agreements. C. Reporting The Finance Director will provide a report to the Budget and Bond Committee regarding the performance of Town investments on an as requested basis or at least once a year Section 5 - Authorized Financial Dealer and Institution The Finance Director will review the financial condition and registration of qualified bidders. Financial institutions and broker/dealers who would like to become qualified bidders for investment transactions with the Town must supply the following: • Audited financial statements • Proof of National Association of Securities Dealers (NASD) certification • Proof of stated registration Section 6 - Bid Procedures There are bidding procedures, eligible investments, and minimum interest requirements on certificates of deposit. In accordance with the bid procedures set forth in Arizona Revised Statutes, the Town must follow the following procedure: • Give notice, either in writing or by telephone, to all banks, savings and loan institutions and credit unions located within the Town and, at the option of the Town, to any other financial institution in the State. Banks must be insured by the Federal Deposit Insurance Corporation (FDIC), savings and loan institutions by the Federal Savings and Loan Insurance Corporation (FSLIC), and credit unions must be insured by the National Credit Union Administration. • The town must specify in the notice the time that the bids will be opened, the amount of funds to be deposited and the time period for the deposit. • The bids must be announced in public and the funds must be awarded to the highest bidder. 3 • Banks and other eligible depositories must specify the rate of interest the institution will pay before the deadline for bids. In addition, banks must limit the amount of funds received to no more than two times the capital structure of the bank. Compliance to this requirement is the responsibility of the financial institution. • If the highest bidder only bids for a portion of the funds, then the remaining funds go to the next highest bidder. If two or more identical bids are received, the funds are awarded to the institution with the lowest ratio of public deposits to its capital structure. The depositories must supply this information along with their bids. Section 7 - Investment Types A. Suitable and Authorized Investments • Authorized investments for the debt service reserve funds shall be consistent with those set forth in the trust indentures of the long term debt issuances. • Fully insured or collateralized certificates of deposit (CD) in eligible depositories if the interest rate bid is 103% or more of the equivalent bond yield of the offer side of treasury bills. • Interest bearing saving accounts in qualified banks and savings and loan institutions. • Repurchase agreements with maximum maturity of 180 days. • The pooled investment funds established by the state treasurer pursuant to A.R.S. 35-326. • Bonds or other evidence of indebtedness of the United States or any of its agencies or instrumentalities when the obligations are guaranteed as to principal and interest by the United States or by any agency or instrumentality of the United States. • Bonds or other evidences of indebtedness of this State, any county, city, town, or school district. • Bonds, notes or evidences of indebtedness of any county or municipal district within this State which are payable from revenues or earnings specifically pledged for the payment of the principal and interest on the obligations, if they meet certain criteria as specified in A.R.S. 35-323. 4 • Bonds, notes or other evidences of indebtedness issued by any municipal improvement district in this State to finance local improvements authorized by law, if the principal and the interest of the obligations are payable from assessments on real property within the local improvement district. B. Prohibited Investments • Borrowing for investment purposes ("Leverage") • Investment in any instrument which is commonly referred to as a "derivative", i.e. options, futures, swaps, caps, floors, collars • Inverse floaters • Interest only securities Section 8 - Investment Parameters A. Diversification The Town of Oro Valley's policy will be to strive to diversify its investment portfolio by security type and institution. Assets shall be diversified to eliminate the risk of loss resulting from overconcentration of assets in a specific maturity or a specific class of securities. B. Maturities Reserve funds are subject to different requirements on maximum maturities than those for other Town Funds according to the terms and provisions as outlined in the trust indenture of the long term debt issuances. To ensure liquidity the Town shall attempt to match its investments with anticipated cash flow requirements. As all possible cash demands cannot be a,antici atedportion should consist of securities with active secondary p and resale markets. The Town will not invest in securities with maximum maturities greater than those allowed under A.R.S. 35-323, Investment of Public Monies. Currently maximum maturities are: • Securities and deposits: 13 months • Repurchase agreements: 30/180 days in accordance with A.R.S. 35- 323. Section 9 - Adoptions and Amendments to the Policy 5 The Town's investmentp olicy shall be adopted by resolution of the Town Council. The policy shall be reviewed as needed by the Finance Director and the Town Manager and any modifications must be approved by the Town Council. PASSED, ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 15Th day of MAY , 2002 . TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kat ryn E. Cuvelier, Town Clerk APPROVED AS TO FOR 4: Dan Dudley, Town Attorney 6 (vi) the cash or Government Obligations are not available to satisfy any other claims, liincluding those by or against the trustee or escrow agent, (6) Any combination of the items listed in subparagraphs(1)through(5) above. [If a forward supply contract is used in a defeasance (I)the Verification shall rely solely on the cash, initial Defeasance Obligations and the maturing principal and interest thereon and will be assume forward supply contract performance, and (ii)the applicable trust agreement provides that between. the forward supply contract and the trust agreement and the Indenture the trust agreement and Indenture controls. Moody's will receive a draft of any forward supply contract at least 10 days prior to its execution and will be able to make comments thereon to the Town or the Trustee.] "Delivery Costs" all expense items directly or indirectly payable or reimbursable to Trustee, Corporation or Town relating to the Indenture,the Lease-Purchase Agreement or the obligations. "Development Services Building"—an office building to be located in the vicinity of the Town's Town Hall which will house the administration offices of the Community Development Department, the Planning and ZoningDivision, the Building Safety Division and the Department of Public Works of the Town and include a hearing room for use by the Planning and Zoning Commission, the Development Review Board, the Board of Adjustment and other community groups of the Town. "District System" or "1992 Project" the water system formerly owned by the Metropolitan Water Company,but acquired from Tucson with Series 1992 Bond proceeds. li ible Investments" (a) Federal Securities. (b) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by the following federal agencies if backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): (1) U.S. Export-Import Bank. (2) Rural Economic and Community Development (formerly known as Farmers Home Administration). (3) Federal Financing Bank. (.4) Federal Housing Administration. (5) General Services Administration. (6) Government National Mortgage Association. (7) U.S. Maritime Administration. (8) U.S. Department of Housing and yrban Development. (9) U.S. Public Housing notes and bonds. (10) U.S. Department of Housing and Urban Development. (c) Obligations issued or guaranteed by any of the following United States governments (not full faith and credit agencies): -2- (1) Federal Home Loan Bank System. (2) Federal Home Loan Mortgage Corporation. (3) Federal National Mortgage Association. (4) Student.Loan Marketing Association. (5) Resolution Funding Corporation. (6) Farm Credit System. (d) Money Market funds rated AAAm-g or AAAm or Aam by S&P and if rated by Moody's of AAA, Aa l or Aa2. (e) Certificates of deposit secured by collateral described in (a) or (b)above if issued by commercial banks, savings and loan associations or mutual savings banks with short-term obligation ratings of"A- 1" or better by S&P and "P-1"by Moody's. (f) Any deposits fully insured by FDIC, including BIF and SAIF. (g) Commercial paper rated Prime-1 by Moody's and A-1 or better by S&P. • (h) Bonds or notes of states or municipalities rated in the two highest rating categories by . Moody's and S&P. (i) Federal funds or banker's acceptances running not more than one-year issued by a bank having an unsecured, uninsured and unguaranteed obligation rating of"prime-1" or "A3" or better by Moody's and "A-1" or"A"or better by S&P. (j) Repurchase agreements which satisfy the following: (1) From a dealer bank or securities firm who is: a. Primary dealers on the Federal Reserve reporting list and who are rated A or better by S&P and Moody's;or b. Banks rated "A: above by S&P and Moody's. (2) The Securities are: a. Direct U.S. governments or Federal agencies backed by the full faith and credit o the U.S.Government(and FNMA and FHLMC). b. With a term not more than 30 days. c. Collateral must be delivered to the Trustee.or third party acting as Trustee's agent. d. Trustee has a perfected first priority security interest therein. e. The collateral is free and clear of third-party liens and if.a SIPIC broker is the seller was not acquired under repurchase or reverse repurchase agreements. f. Failure to maintain the collateral percentage requires that the Trustee liquidate the collateral. -3- • g. Valuation: 1. Weekly, marked to market at current price pus accrued interest. 2. Collateral value must be at least 104% of the amount Trustee transfers. If such value slips below 104% then additional cash and/or acceptable securities must be transferred. If, however, the securities used as collateral are FNMA or GHLMC, then the value of the collateral must equal 105%. 3. The Trustee receives a legal opinion that the repurchase • Agreement is a legal investment of public monies under the laws of the State. k. Investment with the Arizona State Treasurer in the local government investment pool. 1. Investment Agreements, including GIC's, issued by entities rated A or better by S&P and Moody's and is otherwise acceptable to the Insurer and Moody's. "Escrow Fund" the Escrow Fund established under the Indenture. < "Excise Taxes" all fines and forfeitures, license and permit fees, transaction privilege (sales �. taxes), other transaction privilege, excise and business taxes, franchise fees and taxes,bed and rental taxes, bed and rental taxes and income taxes which the town now collects or may collect in the future or which are allocated or apportioned to the town by the state or other governmental unit, except those taxes which by law must be expended s_ for other purposes. - s. "Facilities Lease" the Lease entered into by and between the Corporation, as lessee therein, and the Town,as lessor or sub-lessor therein(as the case may be),pertaining to the lease by the Town to the Corporation of the 1992 Project and the land upon which the Development Services Building will be constructed. "Federal Securities" direct obligations the united states of America (including obligations issued or held in book-entry form on the books of the Department of the Treasury and CATS and TIGRS) or obligations on which are unconditionally guaranteed by, the United states of America, or obligations that are backed by the full faith and credit of the United States of America. "First Amendment" the First Amendment to the Lease-Purchase Agreement. "First Supplement" the First Supplement to Trust Indenture. "Indenture" the Trust Indenture, as supplemented by the First Amendment and all later supplements. "Insurance Policy" the municipal bond insurance policy issued by an Insurer guaranteeing payment of any Obligation. "Insurer" for the 1996 Bonds–MBIA. for the Series 1999 Bonds Financial Guaranty Insurance Company. "Leased Property" the 1992 Project, the land upon which the Development Services Building will be constructed,and the Series 1999 Water System Improvements. "Maximum Annual Debt Service Requirement" — at any computation, the greatest Annual Debt Service Requirement for the then current or any succeeding fiscal year(whether by maturity, mandatory redemption -4- SUPPLEMENTAL COUNCIL COMMUNICATION FOR ITEM 2 TOWN OF ORO VALLEY r. -r a COUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Planner I SUBJECT: ADDENDUM: OV12-01-14, MMLA, REPRESENTING COTTONWOOD PROPERTIES, REQUESTS APPROVAL OF A FINAL PLAT FOR RANCHO VISTOSO NEIGHBORHOOD 2 PARCEL I; LOCATED APPROXIMATELY 1.5 MILES NORTH FROM THE INTERSECTION OF ORACLE ROAD AND RANCHO VISTOSO BOULEVARD ON THE WEST SIDE OF ORACLE ROAD, PARCEL #223040960 NEW INFORMATION: Since the completion of the last report, additional comments have been submitted by Pima County Development Services Department regarding easements and other minor items. None of these will affect the lot lines. The comments must be addressed prior to final staff certification of the final plat. A revised Exhibit "B" has been attached with condition#5 to satisfy these comments. RECOMMENDATION: staff recommends approval of the Final Plat for Neighborhood 2 Parcel I, with the conditions in Exhibit "B". SUGGESTED MOTION: I move to approve OV 12-01-14, Final Plat for Neighborhood 2 Parcel I, effective on the date of satisfaction of the conditions listed in Exhibit"B", attached herewith. Attachments: 1. Exhibit B 1 Pla g a • oni Al ministrator .‘ C• ' Devel ment Director Town Manager cc: Valerie Feuer MMLA 800 E. Wetmore Road, Suite 110 Tucson, AZ 85719 F:\ov\ovinooi\OV 12-01-14\FPTCrpt.addendum.doc EXHIBIT "B" OV12-01-14 FINAL PLAT 1. OVZCR Section 4-405.G.3: Standard survey monuments must be set at all street centers of cul-de- sacs and eyebrows on sheets 3 and 4. 2. Subdivision Street Standards Section 4.8: The area within the sight visibility triangle shall be entirely enclosed by the right-of-way or an easement; clarify that the sight visibility triangles shown on the Final Plat are "EASEMENTS". 3. OVZCR Section 4-405.H.6: Indicate all easements. Provide sight visibility triangle easements for lots 10, 11, 15, 16, 23, and at 100-foot Buffer Yard "B" at intersection of Scenic Overlook Place and High Mountain View Place. 4. If the PAD amendment request for this subdivision is approved, the conditions specified in Exhibit A of the PAD amendment must be added as general notes on the preliminary plat and final plat. 5. The comments addressed by Pima County Development Services Department must be addressed prior to final staff certification of the final plat. F:\OV\OV 12\2001\OV 12-01-14\FPTCrpt.addendum.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner I SUBJECT: PUBLIC HEARING: ORDINANCE NO. (0)0Z-29 OV11-02-01, MMLA, REPRESENTING MONTEREY HOMES, REQUESTS APPROVAL OF PLANNED AREA DEVELOPMENT AMENDMENT FOR A REDUCED FRONT YARD SETBACK FOR RANCHO VISTOSO NEIGHBORHOOD 2 PARCEL I; LOCATED APPROXIMATELY 1.5 MILES NORTH OF THE INTERSECTION OF ORACLE ROAD AND RANCHO VISTOSO BOULEVARD ON THE WEST SIDE OF ORACLE ROAD, PARCEL #223040960 OWNERSHIP: Overland Vistoso Limited Partnership 3561 E. Sunrise Drive, Suite 201 Tucson, AZ 85718 AGENT: MMLA 800 E. Wetmore Rd#110 Tucson, AZ 85719 PETITIONER'S REQUEST: On behalf of the property owners, MMLA requests an amendment to the Rancho Vistoso Planned Area Development (PAD) to reduce the front yard setback from 20 feet to 10 feet in Neighborhood 2 Parcel I. This amendment would only apply to two model homes with a side entry garage. BACKGROUND: The subject property is located in Rancho Vistoso Neighborhood 2 Parcel I in the northeast portion of the Town. The total area is 33.31 acres with a total of 55 lots. The zoning for this site is Campus Park Industrial; however residential development is permitted under the Oracle Road Scenic Corridor Overlay District. The proposed density equates to PAD standards for Medium Density Residential (3-6 residential units per acre). With regard to the reduction setback request, a similar amendment was approved for portions of Rancho Vistoso Neighborhood 10 & 11, which reduced the front yard setback from 20' to 10' feet for model homes with a side entry garage. iURROUNDING LAND USES: North—Pima County Land, Undeveloped F:\ov\ovi1\2002\11-02-01\TCrpt.doc TOWN OF ORO VALLEY IOUNCIL COMMUNICATION Page 2 of 4 South—Rancho Vistoso Neighborhood 2, Single Family Residential East— Pima County Land (across Oracle Road) West— Sun City Vistoso Units 12 & 17 (across Big Wash), Single Family Residential SITE REVIEW AND DISCUSSION: The following table lists the required and proposed setbacks per the Rancho Vistoso PAD: Medium Density Residential Proposed Setbacks (3-6) RAC Front Yard 20' 10' (only for model homes with a side entry garage) Side Yard _ 5' or 0' for common wall Same Rear Yard 10' Same The typical 20-foot building setback from the street serves to provide both adequate on-site parking for each dwelling unit and open space along the streetscape. As proposed, this may still be achieved with a reduced setback for only a few homes. The reduced setback would help meet another objective. A. primary goal of the OVZCR Design Guidelines is to vary the streetscape and prevent the visual monotony created by numerous homes in a linear row. Design Guidelines, Section 16-103.E1 states, "vary individual street character through the use of street trees or landscape themes, setbacks, or architectural treatment". Street character would be enhanced by a staggered setback. Furthermore, the development of a side entry garage enhances the streetscape by providing relief from the garage dominating the front facade of the home. In sum, the applicant's request provides only two model homes at a lesser setback and would help the development of a varied streetscape. Recently, eight model homes submitted by Monterey Homes were approved for this subdivision, only two offering a side entry garage (one single story and one two story model). The side entry garage homes approved for this subdivision fit on the lots with the required 20' setback. The intent of the 10' reduced front setback is to shift the homes closer to the street, utilizing a larger rear yard and enhancing the street character. Since there are only two model homes that will offer a side entry garage, the potential impact for repetition of this setback is reduced. In order to further achieve a variation of setbacks and limit the number of reduced setback homes in a row, Staff originally recommended adding the following condition; "Two reduced setback homes may be positioned at a front yard setback of 10'; however, the third adjacent home must be offset by a minimum of 5 feet". (Please note that no condition is recommended regarding two-story structures as this has already been addressed on the preliminary plat). In response to concerns, expressed by the Planning & Zoning Commission, staff proposes additional measures :see P&Z section in the following page). F:\ov\ovi1\2002\11-02-01\TCrpt.doc TOWN OF ORO VALLEY 7,OUNCIL COMMUNICATION Page 3 of 4 NOTIFICATION: The property was posted and noticed per the Town Policies. Staff has not received any comments to date. PLANNING AND ZONING COMMISSION ACTION: At their regular meeting of August 6, 2002, the Planning & Zoning Commission voted by majority(5-1) to deny the applicants request finding that a tunnel situation would be created with safety issues and sight visibility concerns by having buildings closer to the street. In response, staff finds the following; • The subdivision is separated into two residential pods. The potential for a tunnel situation is possible primarily along the northern portion with various lots fronting the street on either side. However, the possibility is limited with only two models able to utilize the reduced front yard setback. To address this issue, staff is proposing not allowing more than two reduced setback homes in a row and no reduced setback home opposite each other on the same street. A condition has been added for this to be achieved. • Staff has reviewed the sight visibility and safety concerns along the corners and midblock along the streets with the Public Works Department and determined that the reduced setback homes will not interfere with the sight visibility (even with the reduced setback, this will be 18'-20' from the closest building to the curb). STAFF RECOMMENDATION: Staff recommends approval of the PAD amendment request as it relates to Model 520 & Model 580 (side entry garage) homes, with the conditions attached in Exhibit A. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve OV 11-02-01, PAD amendment as it relates to Model 520 & Model 580 (side entry garage), effective on the date of satisfaction of the conditions listed in Exhibit "A", attached herewith. OR I move to approve OV 11-02-01, PAD amendment as it relates to Model 520 & Model 580 (side entry garage), effective on the date of satisfaction of the conditions listed in Exhibit "A" and the following added conditions: OR move to deny OV 11-02-01, PAD amendment as it relates to Model 520 & Model 580 (side entry garage), finding that: F:\ov\ovi1\2002\11-02-01\TCrptdoc TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 4 of 4 Attachments: 1. Exhibit "A" 2. Exhibit 1: Side Entry Garage 3. Subdivision Plat //: , ..-1 bcp/-___(\ Pla ► : .nd Zoning A dministrator egg' 1 - • y Deve pment D ector ilip Town Manag F:\OV\OV 11\2002\11-02-01\TCrpt.doc EXHIBIT "A" CONDITIONS OF APPROVAL OV11-02-01 1. No more than two reduced setback homes may be built next to each other and no reduced setback home should be built opposite each other on the same street. 2. Reduced setbacks only apply to model homes with a side entry garage. 3. The aforementioned conditions must be added as general notes on the preliminary plat and final plat. F:\ov\ovi1\2002\11-02-01\TCrpt.doc ORDINANCE NO. (0)0229 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING RANCHO VISTOSO PLANNED AREA DEVELOPMENT DOCUMENT AND LAND USE MAP FOR NEIGHBORHOOD 10 PARCEL W PROVIDING FOR A REDUCTION IN FRONT YARD SETBACK REQUIREMENTS FOR MODEL HOMES WITH A SIDE ENTRY GARAGE. WHEREAS, the Town of Oro Valley adopted a document known as the "Rancho Vistoso Planned Area Development Document"; and WHEREAS, it has become necessary to revise, amend and update this document to amend front yard setback requirements; and WHEREAS, the Planning and Zoning Commission, having considered an amendment to the Planned Area Development as mentioned herein; and having held a public hearing on said amendment; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts a revised Planned Area Development as a part of that certain document known as "Rancho Vistoso Planned Area Development". Said revision shall be as presented in Exhibit 1, with the conditions established by Exhibit A. SECTION 2. The effective date of the revised PAD document shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of the ordinance or any part of the Land Use Map amendment adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 4th day of September 2002. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney ! A 50' (TYP) 1 i rrocga2RM I Lai u 3 2,),,-,2 i. BY:11111111111111111111111111111111111111•111111111111 >-- I-- u) 7 20' FRONT YARD SETBACK PER P.A.D. a PROPOSED 10' a FRONT YARD SETBACK a c.7 a SCALE: 1 "= 20' iiiii 3111LA SIDE ENTRY GARAGE 800 E. Wetmore Rd. 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',, '•,-:,,,,;:•,3 E %.# ars, x4 f , F i 7e E hi'phy g 8 . 4 5; ....... .„:..L TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David Ronquillo, Planner I SUBJECT: OV12-01-14, MMLA, REPRESENTING COTTONWOOD PROPERTIES, REQUESTS APPROVAL OF A FINAL PLAT FOR RANCHO VISTOSO NEIGHBORHOOD 2 PARCEL I; LOCATED APPROXIMATELY 1.5 MILES NORTH FROM THE INTERSECTION OF ORACLE ROAD AND RANCHO VISTOSO BOULEVARD ON THE WEST SIDE OF ORACLE ROAD, PARCEL #223040960 BACKGROUND: This gross area of the subdivision is 33.31 acres with a total of 55 lots. The zoning is Rancho Vistoso Campus Park Industrial with residential development permitted per the Oracle Road Scenic Corridor Overlay District. The proposed density equates to Medium Density Residential in the Rancho Vistoso Planned Area Development (PAD). There is approximately 11.7 acres of developable land within the site; the remainder is designated as Natural Open Space. There are also numerous areas of 25% slopes within the site. During the platting process, minor icroachments were allowed into open space and 25% slopes with exchange areas and restrictions of building height for certain lots. As part of a separate agenda item at this meeting, the applicant is requesting a Planned Area Development Amendment for Neighborhood 2 Parcel I for a reduced front yard setback of 10' that would only affect model homes with a side entry garage. If this request is approved, the conditions of the PAD amendment must be added as general notes on the final plat. A condition has been added to Exhibit A. SUMMARY: Cottonwood Properties has proposed to develop Rancho Vistoso Neighborhood 2 Parcel I. The plat will consist of single family dwellings with a minimum lot size of 5,000 square feet and an average lot size of 6,549 square feet. The development standards are consistent with the existing residential lots of Neighborhood 2 (south of this site)that are also within Rancho Vistoso Campus Park Industrial Zoning. Plat Design The plat is divided into two residential pods, one on the north and one on the south side of the parcel. The design of this subdivision is relatively linear due to the topographical constraints that include open space and 25% slopes. The subdivision provides two entrance drives and a 25' wide emergency access easement from Oracle Road. In sum, the plat conforms with all pertinent OVZCR &PAD requirements. ,surrounding Land Uses North—Pima County Land, Undeveloped. F:\ov\ovinooi\OV 12-01-14\FPTCrpt.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 South—Rancho Vistoso Neighborhood 2, Single Family Residential, East— Pima County Land (across Oracle Road). West— Sun City Vistoso Unit 12 & 17, Single Family Residential. Setbacks &Maximum Building Height The following are the standard setbacks for this subdivision; Front 20', Side 5'and Rear 10', which are in compliance with the development standards for Medium Density Residential in the Rancho Vistoso PAD. The maximum building height is 25' and two stories. The lots along the ridge line (5-7, 13-17, 28, 29 and 39-55) are restricted to 18'. In addition, no more than 50% of lots adjacent to Oracle Road (1, 10-16, and 22-40) may be two stories. Oracle Road Scenic Corridor Overlay District (ORSCOD) A visual analysis has been submitted for this site due to the significant views from Oracle Road to the adjacent Catalina Mountains. The viewshed analysis was utilized to insure viewshed protection and preserve character along Oracle Road. Based on this analysis and additional building height restrictions, the proposed development will have minor viewshed impacts in the area. Recreation/Trail Path The developer has dedicated .66 acres of recreation area directly east of lot 55. The recreation area amenities include; a trailhead with entry markers, two concrete benches and a water fountain. The trailhead will provide three parking spaces and be the starting point for connections from the subdivision leading to Big Wash. The trail path will extend across the wash connecting to the Pima County Trails System on the west side of the property. Traffic Impacts Access to the subdivision will be at two access points along Oracle Road. The north access point will line up with the existing median break in Oracle Road. The other access entrance will provide right-in and right-out access only. Improvements will include extending the existing north-bound left turn bay in Oracle Road within ADOT right-of-way to facilitate traffic for left turn volume. Both access points have been approved by Arizona Department of Transportation. The development will have minor impacts to Oracle Road due to low-volume trip generation for this subdivision. Drainage The existing drainage patterns will be maintained. Detention is waived due to proximity to Twenty-Seven Mile Wash. Big Wash converges with Twenty-Seven Mile Wash to the west of the project. A Floodplain Use Permit will be required to construct drainage structures and fill slopes at edge of floodplain in the central portion of the ,ubdivision. Drainage will outlet from the development onto the rock-lined channels, splash pads and stilling basins. F:\ov\ovinom\OV 12-01-14\FPTCrpt.doc , TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 Grading A Type 2 Grading Permit will be required to construct lot pads, roadway, utilities, drainage structures, and any walls necessary for grading on 11 acres of the development site. The subdivision will be split into two major sections in order to protect the 25% slope areas and maximize open space. GENERAL PLAN CONFORMANCE: Staff finds that the proposed final plat is in conformance with the General Plan Policy Elements. In particular Policy 6.2G, which states," Preserve and enhance open space areas that protect the visual, natural and cultural resources of the community". • With the exception of minor encroachments, the majority of the designated Open Space and 25% slopes will been preserved in place. • A 100' natural buffer along the Oracle Road right-of-way will be preserved in place. • The subdivision is divided into two residential pods, providing a cluster development, which will preserve and maintain the natural view corridor through the center of the parcel. RECOMMENDATION: Staff recommends approval of the Final Plat for Neighborhood 2 Parcel I, with the conditions in Exhibit A. SUGGESTED MOTION: I move to approve OV 12-01-14, Final Plat for Neighborhood 2 Parcel I, effective on the date of satisfaction of the conditions listed in Exhibit A, attached herewith. Attachments: 1. Exhibit A 2. Final Plat ,< Planm : (14, Zona : Administrator / - .1.0 . Co ► 'ty Developme or irector / f es, • iie "4"reff4"— Town Manager cc: Valerie Feuer MMLA 800 E. Wetmore Road, Suite 110 Tucson,AZ 85719 F:\ov\ovinom\OV 12-01-14\FPTCrpt.doc • EXHIBIT A OV12-01-14 FINAL PLAT 1. OVZCR Section 4-405.G.3: Standard survey monuments must be set at all street centers of cul-de- sacs and eyebrows on sheets 3 and 4. 2. Subdivision Street Standards Section 4.8: The area within the sight visibility triangle shall be entirely enclosed by the right-of-way or an easement; clarify that the sight visibility triangles shown on the Final Plat are "EASEMENTS". 3. OVZCR Section 4-405.H.6: Indicate all easements. Provide sight visibility triangle easements for lots 10, 11, 15, 16, 23, and at 100-foot Buffer Yard "B" at intersection of Scenic Overlook Place and High Mountain View Place. 4. 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O P ^am1.,-,g2Of ,,%FlN-AicM O1FUY J> 9 *e°,9; 49 09 2 qj 49.hO� Lj W I N ^ I .0,.":0` S OIO$L A~ai l N Q00nONtNCV'0NiN6-0N6 W�On<pM.8 m, QO s'' ''f,Q'Zs'9 N00W0 J�;n;nN,NOO<�:dMNii''-s .W WW ONON :�^21d4:OONN0 2 .8 Y- 0Ws' Q 0U Xw� O O, _U = 17 D N ��OD .N W a U UFWg UN-Od'O cin O)'<N'OO-)O0I'p Q-,24,MLadaMcjp;O, v: D 0 0 0 0 0 0 0 0_ r��o0000000oo000oo �- O066NOOo00,NNNN00 m grcVcVCVi,)0itf=�A-UM0)O O O O.-eF gONMNtN UUNUMUMMN�NV W 0 - JJ •l9<<8,_; 3 400,91,60 N z ..J 1 . TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 4, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner I SUBJECT: PUBLIC HEARING: ORDINANCE NO. (0)02-30 , OV11-02-02, MMLA, REPRESENTING MONTEREY HOMES, REQUESTS APPROVAL OF PLANNED AREA DEVELOPMENT AMENDMENT FOR A REDUCED FRONT YARD SETBACK FOR RANCHO VISTOSO NEIGHBORHOOD 10 PARCEL W; LOCATED 1/4 MILE NORTH OF MOORE ROAD AND 1/4 MILE EAST OF LA CANADA EXTENSION, PARCEL # 21922002S OWNERSHIP: Vistoso Partners, LLC 1121 W. Warner Road Tempe, AZ 85284 AGENT: MMLA 800 E. Wetmore Rd #110 Tucson, AZ 85719 PETITIONER'S REQUEST: On behalf of the property owners, MMLA requests an amendment to the Rancho Vistoso Planned Area Development (PAD) to reduce the front yard setback from 20 feet to 10 feet in Neighborhood 2 Parcel I. This amendment would only apply to model homes with a side entry garage. BACKGROUND: The subject property is located in Rancho Vistoso Neighborhood 10 Parcel W, which consists of 8.85 acres with a total of 35 lots. The zoning for this site is Rancho Vistoso Planned Area Development High Density Residential; however, is being developed with the standards for Medium High Density Residential with a density transfer. The subdivision plat attached in Exhibit A is in the preliminary stages of the planning process. The plat is tentative and being used for illustrative purposes for the requested amendment. The subdivision design is tentative and subject to change. The action on the requested amendments does not imply approval of the layout of the plat. Furthermore, no model plans have been submitted for this subdivision; however, a typical lot layout iepicting the reduced front setback is provided (see Exhibit 1). F:\ov\ovil\2002\11-02-02\TCrpt.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 4 With regard to the setback reduction request, a similar amendment was approved for portions of Rancho Vistoso Neighborhood 10 & 11, which reduced the front yard setback from 20' to 10' feet for model homes with a side entry garage. SURROUNDING LAND USES: North - Rancho Vistoso PAD, Golf Course South- Rancho Vistoso Neighborhood 10 Parcel Q &R, Medium Density Residential West - Rancho Vistoso Neighborhood 10 Parcel X, Medium High Density Residential East - Rancho Vistoso PAD, Golf Course SITE REVIEW AND DISCUSSION: The following table lists the required and proposed setbacks per the Rancho Vistoso PAD: Medium High Density Proposed Setbacks Residential (6-8) RAC Front Yard 20' 10' (only for model homes with a side entry garage) Side Yard 5' or 0' for common wall Same Rear Yard 5' Same The typical 20-foot building setback from the street serves to provide both adequate on-site parking for each dwelling unit and open space along the streetscape. As proposed, this may still be achieved with a reduced setback for only a few homes. The reduced setback would help meet an objective of the applicant, which is to promote a larger rear yard. A primary goal of the OVZCR Design Guidelines is to vary the streetscape and prevent the visual monotony created by numerous homes in a linear row. The Design Guidelines, Section 16- 103.E1 6- 103.E1 state, "vary individual street character through the use of street trees or landscape themes, setbacks, or architectural treatment". The street character would be enhanced by a staggered setback. Furthermore, the development of a side entry garage enhances the streetscape by providing relief from the garage dominating the front facade of the home. In sum, the applicant's request provides a lesser setback and would help the development of a varied streetscape. In order to restrict the variation of setbacks and limit the number of reduced setback homes in a row, Staff originally recommended adding the following condition; "Two reduced setback homes may be positioned at a front yard setback of 10'; however, the third adjacent home must be offset by a minimum of 5 feet". In addition, a condition was added regarding the placement of two story homes throughout the subdivision. This condition reflects specific criteria, developed by Vistoso Partners, which have been incorporated into the Planned Area Development guidelines. Tn response to concerns, expressed by the Planning & Zoning Commission, staff proposes additional measures (see P&Z section in the following page). F:\ov\ovil\2002\11-02-02\TCrpt.doc TOWN OF ORO VALLEY ~OUNCIL COMMUNICATION Page 3 of 4 NOTIFICATION: Thep roperty was posted and noticed per the Town Policies. Staff has not received any comments to date. PLANNING & ZONING COMMISSION: At their regular meeting of August 6, 2002, the Planning & Zoning Commission voted by majority(4-2) to deny the applicants request finding that a tunnel situation would be created with safety issues and sight visibility concerns by having buildings closer to the street. In response, staff finds the following; • The potential for a tunnel situation is possible primarily along the streets where lots front the street on either side. To address this issue, staff is proposing not allowing more than two reduced setback homes in a row and no reduced setback homes opposite each other on the same street. A condition has been added for this to be achieved. • Staff has reviewed the sight visibility and safety issues along the corners and midblock areas along the streets with the Public Works Department, and determined that with the exception of one lot (21), the reduced setback homes will not interfere with the sight visibility(Even with the reduced setback this will be 18'-20' from the closest building to the curb). A condition has been added for lot 21 to be restricted. Furthermore, staff recommends adding the following restriction (addressed in the reduced setback for Neighborhood 10 & 11), "Lot reduced setbacks shall not be allowed for homes larger than 1-story." STAFF RECOMMENDATION: Staff recommends approval of the PAD amendment requests with the conditions attached in Exhibits A. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following motions: I move to approve OV 11-02-02, an amendment to the Rancho Vistoso PAD, effective on the date of satisfaction of the conditions listed in Exhibit "A", attached herewith. OR I move to approve OV 11-02-02, an amendment to the Rancho Vistoso PAD, effective on the date of satisfaction of the conditions listed in Exhibit"A" and the following added conditions: OR move to deny OV 11-02-02, an amendment to the Rancho Vistoso PAD, finding that: F:\ov\ovi1\2002\11-02-02\TCrpt.doc TOWN OF ORO VALLEY 7OUNCIL COMMUNICATION Page 4 of 4 ATTACHMENTS: 1. Exhibit "A" 2. Exhibit 1: Side Entry Garage 3. Subdivision Plat I, Pla •-`_ : •i Zonin: Ad r. inistrator /ALLI Co �y'D-velopment Direct Town Manager F:\OV\OV 11\2002\11-02-02\TCrpt.doc EXHIBIT "A" CONDITIONS OF APPROVAL OV11-02-02 1. Reduced setbacks only apply to homes with a side entry garage. 2. No more than two reduced setback homes may be built next to each other and no reduced setback homes should be built opposite each other on the same street. 3. In accordance with the PAD Guidelines, two-story homes shall be restricted as follows; • No more than two shall be built adjacent to each other along major streets. • No more than three shall be built adjacent to each other along interior streets. • Shall not be built on all corner lots. • Shall not be built along golf courses. 4. Lot Reduced setbacks shall not be allowed for homes larger than 1-story. 5. Lot 21 is restricted from utlizing a reduced setback. 6. The aforementioned conditions must be added as general notes on the preliminary plat and final plat. F:\ov\ovi1\2002\11-02-02\TCrpt.doc ORDINANCE NO. (0)02-30 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING RANCHO VISTOSO PLANNED AREA DEVELOPMENT DOCUMENT AND LAND USE MAP FOR NEIGHBORHOOD 2 PARCEL I PROVIDING FOR A REDUCTION IN FRONT YARD SETBACK REQUIREMENTS FOR MODEL HOMES WITH A SIDE ENTRY GARAGE. WHEREAS, the Town of Oro Valley adopted a document known as the "Rancho Vistoso Planned Area Development Document"; and WHEREAS, it has become necessary to revise, amend and update this document to amend front yard setback requirements; and WHEREAS, the Planning and Zoning Commission, having considered an amendment to the Planned Area Development as mentioned herein; and having held a public hearing on said amendment; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts a revised Planned Area Development as a part of that certain document known as "Rancho Vistoso Planned Area Development". Said revision shall be as presented in Exhibit 1, with the conditions established by Exhibit A. SECTION 2. The effective date of the revised PAD document shall be thirty days after the adoption of this ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of the ordinance or any part of the Land Use Map amendment adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. That all ordinances and parts of ordinances in conflict herewith be repealed to the extent of such conflict. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 4th day of September 2002. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney 50' (TYP) r--- re,© 'II:41\AL; , VI3 i 1 ?flfl? BY:issessaawassists•ansmistom•at f-- - if�) 20' FRONT YARD SETBACK PER P.A.D. • a d PROPOSED 10' D FRONT YARD SETBACK 44 ° ° 4 • SCALE: 1 "= 20' FX - IBIT 1 Now i - -� SIDE ENTRY GARAGE 800 E. Wetmore Rd. lite 110 FOR Tucson, AZ 85719 RANCHO VISTOS0 PARCEL 21 Tel (520) 292-2300 Fax (520) 292-1290 06/27/02 PROJ NO: 01073-05-1022 , • . 4 V4 COR. _ s, . S I PIN , A) RLS27739N 89'52'40 " 25' EMERGENCYAto "$9*ec E' i " W Tarn 4/i'6VC . •- 846.00' . ., - . ... .,......, _ - " 40 / lelipAtiore I 44 G- . 411141t4P / 44141411P/ C.A. 'A' Atitaziit 0 °3 ..:1- .• ' • so ci . , ..Z / ,;. (0 '1'..°41111141044111tillir // ,. ...,. ..x" ..../ s/17- .'!. , 3 4f)'- - sy .4„.7. .3.. / 40,,.. k. . , /4) 6 , ••••. ,.. ,„,e/ 'r .4.,4, / ---- ,.-_ cv 4,_,.,;\ ......_ cv ig cb iv / :31;• ab 4. k..,1,,i,.,,• • A ** N / ;• v 4/ 4' . .., ' •Z' ... ....., • •..,.., •.:,t i •; 07, Nr. 111 4*, / * .%. •.1 ‘‘‘ SA/At, ). CZ eillt 4,0 ,,..t ... i ,./.4 is-- 6 • Slyi, r-C12 le. .t, v) • '.i. <4> 1,7 try es , 1,3.. eo 4) _ 111 e 4 :r ->0. , .p.., .. 4 LI -..,...,.z. 5 C,,,s ... IOW 4 ..,, ' Z:4 11;%Iti, _ l .... 4 , 1 •' " w • • ' ADOT STA. 827+66.90- 6,1.,•u•r/. 830+06.78 C .l . ( -"'7 S 3110'10" V. 138.71' 55SPIRAL CURVE CHORD ! - 36r: , . . SO' 1/2" IP 3.54 1 SEC. 2 .361 TAGGED RLS #27739SE COR. SEC., 20 ID STO / NE 362 FND. 3 1/4"'AC _ ...,. TOWN OF ORO VALLEY 5 Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 09/04/02 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Acting Town Attorney SUBJECT: Resolution (R) 02- 77 Amended and Restated Supplemental Water Agreement SUMMARY: In 1996, at the time the Town was purchasing water companies in order to form the Oro ValleyWater Utility, the Town entered into a supplemental water agreement with Vistoso Partners (resolution y (R) 96-36). On June 17, 2002, the Town Council approved amendments to the Rancho Vistoso Planned Area Development and with a set of conditions in Ordinance (0) 02-18. One of these conditions was for the parties to enter into an amended and restated supplemental water agreement in order to update the old agreement and factor in changes occurring since 1996. The Council declared that this agreement had to be entered into within 90 days of their action taken on June 17, 2002, which is calculated to be by September 15, 2002.. y Since the passage of Ordinance (0) 02-18 the parties have been in negotiation to modernize and update this agreement. What you have before you tonight is the result of these negotiations. While not outlining all the terms, some of the highlights of the amended and restated supplemental water agreement include: • A set price of$194 per acre/foot for Vistoso Partners and the named entities until such time as an alternative water source is made available. • An agreement that the golf courses will accept and use this alternative water source as soon as the Town makes it available. • No drilling of new wells by Vistoso Partners and the listed agencies • The deeding of Honey Bee Park and the Honey Bee wash common area to the Town • The dedication and release to the Town for water reservoir sites numbers 13, 14 and 15. • Payment by the Town to Vistoso Partners for infrastructure agreed to in 1996 of$570,588.55 plus interest of 5.4% interest. • Payment to the Town of$890,000 utilizing a deed of trust, at the price of$10,000.00 for each of 89 lots located in Rancho Vistoso Neighborhood 11. ATTACHMENTS: The Resolution adopting the Amended and Restated Supplemental Water Agreement plus all attachments and Exhibits. SUGGESTED MOTION: I hereby move to adopt Resolution (R) 02- 77 entering into the Amended and Restated Supplemental Water Agreement with Vistoso Partners L.L.C. H:\Council\Regular\090402 CC re Vistoso Supp.Water Agreement.doc TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 09/04/02 ffi _wfr�r ( P i ti. i to e r Town Atto`fn ey v r" Awl Water Utility Direct s 7—) f ,) ,, ,� 0/ b r_ ' To. n Ma ager H:\Council\Regular\090402 CC re Vistoso Supp.Water Agreement.doc • RESOLUTION NO. (R) 02-77 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN AMENDED AND RESTATED SUPPLEMENTAL WATER AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND VISTOSO PARTNERS L.L.C. , THAT RESCINDS AND REPLACES IN ITS ENTIRETY AND SUPPLANTS THE AGREEMENT REACHED IN ORO VALLEY RESOLUTION (R) 96-36 AND ALL OTHER AGREEMENTS ARISING THERE FROM . WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights, privileges, 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 Amended and Restated Supplemental water Agreement "the Agreement" provides a fair price for groundwater with an incentive to the Town to supply renewable water to the golf courses of the Town in the future; and WHEREAS, it has been determined that it is in the best interest of the Town and its residents to enter into this Agreement, attached hereto as Exhibit A and incorporated herein by this reference, with Vistoso Partners L.L.C. for the purpose of providing a fair price for groundwater for golf courses until alternative water sources are supplied; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract (attached hereto as Exhibit A) between the Town of Oro Valley, Arizona, and Vistoso Partners L.L.C. is hereby 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 execute and implement the terms of the Contract. Execute Amended and Restated Supplemental Water Agreement Office of the Oro Valley Town Attorney/jna 9.23.2002 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of September, 2001. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Execute Amended and Restated Supplemental Water Agreement Office of the Oro Valley Town Attomey/jna 9.23.2002 • 4 EXHIBIT A AMENDED AND RESTATED SUPPLEMENTAL WATER AGREEMENT Execute Amended and Restated Supplemental Water Agreement Office of the Oro Valley Town Attomey/jna 9.23.2002 AMENDED AND RESTATED SUPPLEMENTAL WATER AGREEMENT This agreement is made and entered into this day of , 2002, by and between the Town of Oro Valley, a Arizona municipal corporation (the"Town"), and Vistoso Partners L.L.C., a Arizona limited liability company, and Vistoso Partners hereby agrees and states they have full authority to represent and bind itself and Vistoso Golf Partners L.L.C., an Arizona limited liability company, Stone Canyon Golf, L.L.C., an Arizona limited liability company, Stone Canyon, L.L.C., an Arizona limited liability company, Honeybee Golf Course, an Arizona limited liability company, Big Wash Golf Course, and all other respective successors or assigns (each of which entities are collectively and individually referred to in this Agreement as "Vistoso Partners," or the "Entities" or both"Vistoso Partners" and the "Entities")to this agreement, which parties shall also be deemed third party beneficiaries hereof on the terms and subject to the conditions set forth below. This agreement is intended to rescind in its entirety and supplant the agreement reached in Oro Valley Resolution(R) 96-36 and all other agreements arising there from. Thep arties agree that Oro Valley Resolution (R) 96-36 was not intended nor did it confer any benefit to any third parties not named in the agreement approved thereby. It is further agreed that this Agreement is not intended to nor does it convey any benefits to any third parties not named herein. This agreement is in conformance with and in furtherance of the terms espoused and agreed to by all the parties at the Oro Valley Town Council meeting of June 17, 2002 regarding Ordinance Number(0) 02-18. RECITALS WHEREAS, the Town is duly authorized by virtue of the laws of the State of Arizona and an election held in March, 1993 to acquire, contract and otherwise further the business of providing water utility service within and without the Town limits; and WHEREAS, Vistoso Partners is either the developer of the certain real estate project known as Rancho Vistoso or the owner of certain golf courses currently existing or to be constructed in the future within the Town's boundaries or within the Town's sphere of influence; and H:\Agmts&Contracts\Water\RV Suppl Agmt\Engrossed Supplemetal Agreement F4.doc 1 WHEREAS, in consideration for certain changes to zoning classifications and in furtherance of the Town's business of providing water through its water utility: NOW THEREFORE, IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS: AGREEMENT VISTOSO PARTNERS DUTIES: (I) 1) Vistoso Partners and any successors in interest or assigns agree to deed by Special Warranty Deed, free of all liens or financial encumbrances, sixty-five acres (See Exhibit "A" attached hereto and incorporated herein by this reference) into trust for the benefit of the Town of Oro Valley with no liens thereon upon the Oro Valley Town Council's approval of the final plat. The Town shall notify the trustee when this event occurs and provide a copy of the final plat approval to the trustee for the release. 2) Vistoso Partners and any successors in interest or assigns agree to deed by Special Warranty Deed, free of all liens or financial encumbrances, seventy- seven acres (See Exhibit "B" attached hereto and incorporated herein by this reference)known as Honey Bee Park) into trust for the benefit of the Town of Oro Valley with no liens thereon upon the Oro Valley Town Council's approval of the final plat. The Town shall notify the trustee when this event occurs and provide a copy of the final plat approval to the trustee for the release. The Town shall make any and all required requests from Pima County, Arizona in connection with the foregoing to effectuate the same. 3) Vistoso Partners and any successors or assigns agree to deed by Special Warranty Deed, free of all liens or financial encumbrances, ninety-eight acres (See Exhibit"C" attached hereto and incorporated herein by this reference) known as the Honey Bee Wash Common Area) into trust for the benefit of the Town of Oro Valley with no liens thereon upon the Oro Valley Town Council's approval of the final plat. The Town shall notify the trustee when this event occurs and provide a copy of the final plat approval to the trustee for the release. The Town shall make any and all required requests from Pima County, Arizona in connection with the foregoing to effectuate the same. Escrow instruction handling and effectuating the three conveyances described above shall be on the escrow agent's standard form for such purposes tailored to the terms hereof. 4) Vistoso Partners and any successors or assigns agree that the Town's water charges and fees (currently the rate is set for $194.00 per acre/foot) shall apply for all water used by Vistoso Partners only for golf course irrigation consistent with Section II, 12(c)(i) of this Agreement. In light of the consideration to the H:\Agmts&Contracts\Water\RV Suppl Agmt\Engrossed Supplemetal Agreement F4.doc 2 Town herein, said charges and fees shall not be subject to further increase until alternative water is provided as set forth by this Agreement. 5) Vistoso Partners or Entity shall issue a note and deed of trust in favor of the Town of Oro Valley. Said deed of trust shall be deposited into trust which shall collect partial release payments of$10,000.00 as each of the mutually agreed 89 designated lots within Rancho Vistoso Neighborhood 11 are sold until such time as the full amount of$890,000.00 has been transferred. The note and deed of trust shall be drawn on standard First American Title forms tailored to the terms hereof, including the inclusion of release provisions which are consistent with the foregoing. Until alternative water is provided to Vistoso Partners, Vistoso Partners shall not be obligated to pay CAP charges, costs or fees, whether for water or infrastructure or other costs relating thereto. 6) Vistoso Partners or the Entities agree they shall pay all Trustee costs and fees associated with these actions. 7) Vistoso Partners shall provide a signed satisfaction and release acceptable to the Town with regard to the acquisition of Water Reservoir sites for Water Plant# 13 (See Exhibit "D") and Water Plant# 14 (See Exhibit"E")within 30 days of the execution of this agreement. 8) Vistoso Partners agrees to dedicate Water Plant site# 15 (See Exhibit"F" attached hereto and incorporated herein by this reference)without cost to the Town on or before September 2, 2002. Such dedication shall include all necessary ingress and egress routs and water line easements and shall be in the form as attached herewith as Exhibit"G" attached hereto and incorporated herein by this reference. 9) Vistoso Partners hereby provides that by the signature affixed to this Agreement the initial Supplemental Agreement was not intended to nor did it grant any benefits to any named or unnamed third parties. 10) Vistoso Partners agrees to fully defend the Town through the initial trial only in case of any legal challenge to this Agreement or the agreement adopted by Oro Valley Resolution NO. (R) 96-36. The Town shall agree to any reasonable settlement of any such litigation provided that any such settlement does not violate any state statute as it applies to the Town. 11) This agreement will only apply until the Town Provides an alternative water source (of any kind other than ground water) to the properties and golf courses described herein. At such time as an alternative source is provided the Town's standard rates, fees and charges shall apply. 12) Golf Course Provisions. The parties hereto intend that the turf irrigation requirements of all present and future golf courses owned and/or operated by H:\Agmts&Contracts\Water\RV Suppl Agmt\Engrossed Supplemetal Agreement F4.doc 3 Vistoso Partners, or their respective successors and assigns ultimately shall be satisfied through the use of renewable water (i.e. CAP water and/or treated and reclaimed effluent) supplied by the Town. Pending the availability of renewable water for such purposes, the following provisions shall apply: a. Compliance with Arizona Revised Statutes and Arizona Department of Water Resources ("ADWR"), Management Plans Programs. All deliveries of groundwater by Town to existing and future Vistoso Partners' golf courses shall be undertaken and accomplished in such a manner as to not violate any applicable provisions of the Arizona Revised Statutes and/or regulations, Management Plans and programs of the ADWR. b. Vistoso Partners and Vistoso Golf Liability. Vistoso Partners shall indemnify, defend, and hold Town free and harmless from any fines, penalties and/or sanctions that ADWR may assess against Town by virtue of this section of this Agreement which are attributable to Vistoso Partners for such violation. Further, Vistoso Partners shall promptly pay any fines assessed and sanctions imposed by ADWR against the Town,its municipal water utility and/or Vistoso Partners for any violations of the above described nature arising from or as a consequence of acts and/or omissions by Vistoso Partners and/or their principals and agents in connection with such deliveries of groundwater. c. Interim and Long-Term Turf Irrigation Service to Vistoso Partners and/or Vistoso Golf Courses. i. Interim Service Agreement. Pending the availability of renewable water by direct delivery to Vistoso Partners' golf courses, Vistoso Partners' and any successors or assigns agree that the Town's water charges and fees (currently the rate is set for $194.00 per acre/foot for the purposes of golf course turf irrigation only) shall apply for all golf course turf irrigation water used by Vistoso Partners, and/or the Entities. In light of the consideration to the Town herein, said changes and fees shall not be subject to further increase until renewable water is delivered at each respective golf course pursuant to this Agreement. ii. Long-Term Service. Vistoso Partners and Entities agree that once renewable water can be directly delivered to each of the respective golf courses by Town at a delivery point on each respective golf course at thee point where irrigation water is currently being delivered, the golf courses will utilize the renewable water for turf irrigation purposes only and forego future use of groundwater. Vistoso Partners and the Entities and their successors and assigns agree to pay the price as set by the Oro Valley Town Council for H:\Agmts&Contracts\Water\RV Suppl Agmt\Engrossed Supplemetal Agreement F4.doc 4 the renewable water. The Town intends to deliver renewable water to all large turf irrigators within the Water Utility Service Area. Renewable water rates shall be equitable as between renewable water users. iii. Relinquishment of Well Drilling. Vistoso Partners and their respective successors and assigns agree to relinquish and forego all options that allow Vistoso Partners to seek authorization to drill and develop their own groundwater wells. TOWN DUTIES (II) 13) The Town agrees to pay Vistoso Partners the total sum of$803,214.67 within 30 days of the execution of this agreement. Such payment represents the total of$571,000 plus 5.4% interest compounded monthly thru September 1, 2002 for all water connection fees (impact fees) alleged to be exempt under the previous supplemental agreement(s). 1) By executing this agreement, the Town acknowledges full satisfaction of Condition 5 of Exhibit A, "Conditions of Approval" OV 09-01-09. Except as stated in OV 09-01-09, no other condition shall apply to the project. 2) Non-discrimination. Vistoso Partners, Entities and Town agree that for so long as Vistoso Partners, and the Entities or their successors or assigns own any undeveloped property within the service area of what once was the Rancho Vistoso Water Company: a. Entitlement to Service. Within the boundaries of the Rancho Vistoso PAD and the Town limits, now and in the future and any properties outside of the Town that are contiguous with the Town boundaries, Vistoso Partners shall be entitled to obtain water utility line extensions and agreements from the Town upon agreement by Vistoso Partners to advance the required capital to construct the necessary water utility facilities, subject to the provisions of this Agreement. b. Design and construction Standards. The Design and Construction Standards as adopted by the Town of Oro Valley shall apply to this Agreement. c. Prompt Action. The Town shall promptly take the appropriate action on service requests and subdivision plats, development plans,building permits, and other required development approvals submitted by Vistoso Partners. H:\Agmts&Contracts\Water\RV Suppl Agmt\Engrossed Supplemetal Agreement F4.doc 5 d. Even Handedness. Town shall not utilize its control over the water utility system serving Rancho Vistoso to impede, obstruct, or in any way attempt to block, halt, slow or interfere with the lawful development. 3) Fees. Such fees, including the water connection fee and water supply development fees imposed on residential dwelling units shall be collected when construction permits for residential dwelling units are issued. a. The schedule for such fees shall provide a credit towards the payment of such fees for the required dedication of public sites and improvements provided by the developer for which the fees are assessed. b. The amount of such fees shall bear a reasonable relationship to the burden imposed on Town's water utility system to provide the additional water production, storage, delivery and supply capacity necessary for the development. c. The fees shall be assessed in a non-discriminatory manner. d. The benefit to existing water utility customers of the Town shall be taken into account in establishing such fees, and the costs of such facilities as will benefit customers shall be charged to existing customers through water use charges. 4) Relocation of Water Facilities. In the event Vistoso Partners desires to relocate any water line or other water facility of Town that interferes with the development of Rancho Vistoso, Vistoso Partners shall notify Town of the water facility that is proposed to be relocated, provide plans to Town for the relocation, and upon approval of the relocation plans,which approval shall not be unreasonably withheld,relocate the water facility at Vistoso Partners' sole cost and expense. 5) All future fees shall reflect an equitable allocation of infrastructure and other costs. MUTUAL PROVISIONS&DUTIES (III) 1) Default. In the event a party defaults in the performance of its obligations under this Agreement, the non-defaulting party shall give the defaulting party written notice of the act of default and the defaulting party shall have thirty (30) days from the giving of such notice to cure the act of default. In the event such default is not cured in a timely manner, the non-defaulting party shall be entitled bring this matter to arbitration pursuant to this Agreement. H:\Agmts&Contracts\Water\RV Suppi Agmt\Engrossed Supplemetal Agreement F4.doc 6 2) Attorneys' fees. If any party defaults hereunder, the defaulting party shall pay the other party's reasonable attorneys' fees, expert witness fees, travel and accommodation expenses, deposition and trial transcript costs, costs of court and other similar costs or fees paid or incurred by the non-defaulting party by reason of or in connection with the default(whether or not arbitration proceedings are instituted). The party prevailing at arbitration shall be paid all costs and reasonable attorneys' fees by the defaulting party, and in the event any arbitration award is secured by such prevailing party, all such costs and attorneys' fees shall be included in any such arbitration award, with attorneys' fees to be set by the arbitrator. 3) Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 4) Further Assurances. The parties each agree to execute such other and further documents as may be necessary to carry out the provisions of this Agreement. 5) Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Arizona. 6) Notices. Whenever it is provided herein that notice, demand, request or other communication shall or may be given to, or served upon, one of the parties upon the other, each such notice, demand, request or other communication shall be in writing, and, any law or statute to the contrary notwithstanding, shall not be effective for any purpose unless the same shall be given or served by United States mail by mailing same To: Town of Oro Valley Town Manager 11,000 N. La Canada Drive Oro Valley, Arizona 85737 To: The Entities c/o Vistoso Partners, L.L.C. 1121 West Warner Road, Suite 109 Tempe, Arizona 85284 by registered or certified mail, postage prepaid, return receipt requested, or to such other addresses as Town, Vistoso Partners and/or Vistoso Golf may from time to time designate by notice given to the other party by registered or certified mail,postage prepaid,return receipt requested. Every demand,notice, request or other communication hereunder, served in the manner aforesaid, shall be deemed to have been given or served for all purposes hereunder four(4) days from the time that such demand,notice, H:\Agmts&Contracts\Water\RV Suppl Agmt\Engrossed Supplemetal Agreement F4.doc 7 request or other communication shall be deposited in the mail, postage prepaid, in the manner aforesaid. 7) Captions. The section captions contained in this Agreement have no effect on its construction or interpretation. 8) Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior and contemporaneous agreements, representations, and understanding of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties. 9) Time is of the essence. Time is of the essence of this Agreement. 10) Conflict of Interest. Pursuant to A.R.S. § 38-511, incorporated herein by reference, the parties understand and agree that this agreement is subject to cancellation by Town if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Town, 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 with respect to the subject matter of the contract. 11) Arbitration. The parties agree that any disputes regarding this agreement will be settled through binding arbitration. 12) Trustee. The Trustee/Title Company to be used for all the below mentioned provisions shall be Dave Reilly of First American Title, 1880 E. River Road, Tucson, AZ. All transactions shall occur within 30 days of the execution of this agreement,provided that any conveyances set forth in Section I (1) through(3)may occur no later than approval of the final plat. In Witness Whereof, the parties have entered into this agreement on the date and time written above. Town of Oro Valley, An Arizona Municipal Corporation BY: Name and Title Attest: Town Clerk H:\Agmts&Contracts\Water\RV Suppl Agmt\Engrossed Supplemetal Agreement F4.doc 8 Approved as to Form: Town Attorney Vistoso Partners L.L.C. An Arizona Limited Liability Company By: Name and Title Vistoso Golf Partners, An Arizona Limited Liability Company By: Name and Title Stone Canyon L.L.C., An Arizona Limited Liability Company By: Name and Title H:\Agmts&Contracts\Water\RV Suppl Agmt\Engrossed Supplemetal Agreement F4.doc 9 Exhibit "A" March 11, 2002 WLB No. 185050-A-31 H-1003 W:\LEGALS\185050\StoneCanyon4\NH 11-openspace.doc 3 T e � . WLB roup c. LEGAL DESCRIPTION RANCHO VISTOSO NEIGHBORHOOD 11 OPEN SPACE i That portion of land in the Northeast Quarter (NE 1/) of Section 14, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: BEGINNING at the Northeast corner of said Northeast Quarter(NE 1/4); THENCE S 00°03'04" E , along the East line of said Northeast Quarter (NE 1/4) 1,742.63 feet; THENCE N 88°51'57"W , 271.60 feet; THENCE S 53°47'19" W , 394.13 feet; . THENCE S 65°15'30"W , 404.80.feet; THENCE N 09°49'29"W, 418.52 feet; THENCE N 33°27'31"W , 337.11 feet; THENCE N 51°3616"W , 583.52 feet; . THENCE N 82°24'37"W , 135.32 feet; THENCE N 09°30'21" E , 438.95 feet; THENCE N 41°32'56"W , 297.64 feet; THENCE N 06°27'23"W , 177.83 feet; THENCE N 04°04'50"W , 228.31 feet, to a point on the North line of said Northeast Quarter(NE 1/4); THENCE N 89°50'24" E, along said North line, 1,965.55 feet to the POINT OF BEGINNING. Containing 69.23 acres, more or less. ill lk Prepared By:___ 40-art/ _ 7 THE WLB GROUP INC. /41.6 .z,, . 12214 1:3 = C N Jack A. Buchanan 'r BMJ.1aCK1� ) .) JAB:te �'% ?) 11 Pagel of Exhibit A 11 12 V ////// rr - a 398 14 13 399 397 400 403 4-02 4-01 RANCHO VISTOSO NEIGHBORHOOD 11 OPEN SPACE a 409 41 D .../-N ' 417. 416 41111 432 42e 287 433 \ ' 286 , 434 425 285 - 284 428 STO c E 1 A YON V 276 435 1443 • I IIIWW 283 288 42s 282 289 436\ 304 i` l: - 430 280 281 292 ' 290 437 / i. 303 � 293 � >-- 306 --__ 278 279 294 291 W Z 302 301 r, - J � Y 300 Q U � XHIBIT TO ACCOMPANY DESCRIPTION OF o Q OPEN SPACE EK � WITHIN 0 � i_ CHO VISTOSO NEIEHBORHO OD 11 1"=400' SECTION 14, T. 11 S., R. 13 E., G.S.R.M., COUNTY, ARIZONA Wig .� WLB# project No. 185050—A31 H-103X Group3nc - �• � � liez,-- PIMA r 3-7-2002 N:\185050\NEIGHII\LEAGL-1.DWG Exhibit "B" '4 March 7, 2002 WLB No. 185050-A-005-1003 W:\LEGALS\185050\N h05\5a-rec.doc T he WLB LEGAL DESCRIPTION roup RANCHO VISTOSO NEIGHBORHOOD 5 HONEY BEE PARK That portion of the South Half(S 1/2) of Section 24, Township 11 South, Range 13 East, 9 Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Southeast corner of said Section 24; THENCE S 89°54'22"W, along the South line of the Southeast Quarter (SE 1/4) of said Section 25, a distance of 700.00 feet, to the POINT OF BEGINNING; THENCE continue S 89°54'22" W, along said South line , a distance of 1,906.42 feet, to the Southeast corner of Rancho Vistoso Neighborhood 5, Parcel B, recorded in Book 51, Maps and Plats, Page 8; THENCE N 16°00'00"W, along the Easterly of said plat, a distance of 2,163.27 . feet to a point on the arc of a non-tangent curve concave to the South, on the Southerly right-of-way line of Rancho Vistoso Boulevard, recorded in Docket 8178 at Page 1966, a radial line of said curve through said point having a bearing of.N 09°44'15"W; THENCE Easterly along said right-of-way line and the arc of said curve, to the right, having a radius of 925.00 feet and a central angle of 32°14'08"for an arc distance of 520.42 feet to a point of tangency; THENCE S 67°30'07" E, along said right-of-way line, a distance of 827.84 feet to a point of curvature of a tangent curve concave to the North; THENCE Easterly along said right-of-way line and the arc of said curve, to the left, having a radius of 1,025.00 feet and a central angle of 30°36'01" for an arc distance of 547.43 feet to a non-tangent line on the Westerly boundary line of Rancho Vistoso, Neighborhood 5, Parcel C, recorded in Book 51, Maps and Plats, Page 60; THENCE S 00°19'24"W, along said Westerly line, and the projection of said line a distance of 1635.90 feet, to the POINT OF BEGINNING; Containing 62.0-1 acres, more or less. ol L Prepared B i�';':r.�� THE WLB GROUP, INC. AVP,11r0Siv'' 11"le f (ii,. 12214 JAC-X A. BUJ C HANAN Jack A. Buchanan ry JAB:teg sic V °'o u. s.*- Page1of1 Exhibit A tll to )-. 0 Ii , < ,,,„--4 y bbd b � � '-i ,..h") `� y 1 ay le ,• o � t� � O co N ''' 6 t•z1 Oc. tll _ 14\\\ r* ?:i tzi - i-- is, C.) \'' :"4 c-4 -N" ti)t11 t `i ,,,) b:i c• P Qi8 o y 07 !ll 0 G.' li:3 Lzi� S 2 L .1 . ry 101 w v co- y N i....I.r 0-0 N pC/) Ti z0 i co p ill —II' 0-1 O z (:) O 63p � ,/� ti mo N.) 1\,) � tzi m> Ul •O` 0 'W R-13-E ,.'; Z o W _' --__ R-14-E k,, b � � -�C X 0 CD 'b I b Q b � �J Q . Exhibit "C" March 11, 2002 WLB No. 185050-A-31 H-1003 W:\LEGALS\185050\Nh13\LotD-openspace.doc The WLB Group Inc. LEGAL DESCRIPTION RANCHO VISTOSO NH-13 OPEN SPACE All of Lot D (open space) shown in Rancho Vistoso Neighborhood 13, Parcel A, The . Estates at Honey Bee Ridge recorded in Book 48, Maps and Plats, Page 61, within Sections 13 and 24, Township 11 South, Range 13 East, and Sections 18 and 19, Township 11 South, Range 14 East, Gila and Salt River Meridian, Pima County, Arizona: Lot D containing 97.83 acres, more or less. Prepared By: THE WLB GROUP, INC. elb/ 1 ,'X'AVitt, k" 40^tk` 1 lx ..�2214 yo JAG�C A.BiJCHANAN e.t. -v i ' '4 U, S.t`' Jack A. Buchanan JAB:teg Exhibit A Page 1 of 1 . --irN 3, • \ , ►, i , l - 4 i Or \ \ \ 1 \_�; \ i \ •\. 1_____ILAPHAt 1 )----------\\V\ /;._,, / \I i N -____ i ,fes .\ K rkf J :. �l 1 1 •t / 7) \i..._..�_j.` i} it \-,.. , '.,1 / 1 t i• / P i \: 0 /' A\'` 0-7 \. --gti&lt---------__It - • # / I-\ ;j' /'''.-\•-• . --',.. ,\ ,,,,,,t2,/ cr / / ! z. ,. , , 4 '' er . , , . . ..... • ,In (A74,. 74' - ' ,\•�.\ ���V�`�t LSM_- , / ..........„ , \ c...4,/ )------. . ,--• ,....---:,,,,,., ,,,..„,----! ...._. 1‘:°' / N-\-, 1,______--\,,17-.17_. 1-\\,,,\ j\- ''''' \ ! fel• r'/' - •�,_.-.--""`I7j?_..._.. ._.........__+...—� 1 /// ,r, \,‘;t:v,--.,,.2'4-, i rli \ i ' ifr.''''s,i i !-----1 \ –'3\&," I', ; ! j 1 �,, /,*'I `'� i I \\\\ I )4 t ..,„ Y --.„ / \ t t • • _ . /h. \ , )0,, 1----._,;..._--.-,fir ��7'` !-._. "'` ,'-'� \�,. 1 .. r/ f.'.‘ - '''"' 24 i'l-9- 1 , „.... ,,,,,.:, v-"-- ,. ... -----A 1 % i / _.,1 Js,,,,..( , ,,,,,,,.‘,,,,,,,, \ \ . ,.....„ .., -,, --4.0)-----,-----, - , \i--------1 , \:,,,,,A!..„:.\:AST\. \ \\,.\\\,:\s 5",r-cf' ,e.,, 4 / '‘,. 1„i k k \ ` t '. \ 1 ‘', NI \\\ t f' • 1r ,,,, i-- . , \ , 00 , F__ z-u, i i v0.9 .\ ______1),?:,,I:?,11: „___, . .ic./)—.3/4. \\/\,.„)\,,,ifiti 41(\\\\\\‘ C ti --EXHIBIT TO ACCOMPANY DESCRIPTION OP L O T D-THE ESTA TES AT HONEY BEE RIDGE BOOK 48, (M & P) PAGE 61 NEIGHBORHOOD 13—PARCEL ARANCHO VISTOSO SECTIONS 13 & 24, T. 11 S., R. 13 E., G.S.R.M., AND SECTIONS 18 & 19, T. 11 S., R. 14 E., G.S.R.M., PIMA COUNTY, ARIZONA 1 =800' The WLB W113 , r. .. . WLB# project No. 185050—A13S-1003 Group . lir 3-8-02 N: 85 50 — — \i 0 \NEiGH13A\EXHIBITS\EXBT LOT D.DWG Exhibit "D" • Revised September 7, 2000 April 3, 2000 1 E 505031 F-1003X. T o V1l:',LE�GA.LS\;E50501Nh121RES-13.wpd LI3 roup LEGAL DESCRIPTION RANCHO V1STGSO NEIGHBORHOOD 12 RESERVOIR-13 ThatP onion of the Southwest One-Cuarter (SW 1/4) of Section 24, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, descibed as follows: COMMENCING at the Northeast comer of said Southwest One-Cuarter(SW 1/4); THENCE S 89°54'47" W, along the North line of said Southwest One-Cuarter(SW 114) a distance of 1,095.01 feet; THENCE S 00°05113" E, 535.12 feet to the POINT OF BEGINNING; THENCE S 34°40'32 E, 175.00 feet; THENCE S 55°1928"W, 70.27 feet; THENCE S 22°38'17" E, 69.1 9 feet to a point of curvature cf a tangent curve concave to the West; THENCE Southerly along the arc of said curve,to the right, having a radius of 110.00 feet and a central angle of 28°00143"for an arc distance of 53.78 feet to a point of reverse curvature of a tangent curve concave to the Northeast THENCE Southeasterly along the arc of said.curve, to the left, having a radius of 5.00 feet and a central angle of 81°14'49"for an arc distance of 7.09 feet to a point of tangency; THENCE S 75°52'23" E, 10.50 feet THENCE S-14°04'43" W, 25.00 feet: THENCE N 75'52'23" VV, 10.52 feet to a point of curvature of a tangent curve concave to the Southeast; Pace 1 of 2 . . ,. Revised September 7, 2000 April 3, 2000 185050-A31 F-1003X W:`.LE GALS\1850501Nh121RES-13.wpd TWI-Be . roue THENCE Southwesterlyalongthe arc of said curve, to the left, having a radius of 5.00 feet and 7.09 a central angle of 81°14'49"for an arc distance of r.09 feet to a point of reverse curvature of a tangent curve concave to the Northwest; Southwesterly along the THENCE arc of said curve, to the right, having a radius of ._ 9 110.00 feet and a central angle of 23°01'58"for an arc distance of 44.22 feet to a non-tangent line, on the Northerly right-of-way line of Tortolita Mountain Drive; THENCE N 47°49'41"W, alongsaid right-of-way line 20.05 feet to a point on the arc of a non-tangent curve concave to the West, a radial line of said curve through said point having a bearing of S 43°15'16"E; THENCE Northerlyalongthe arc of said curvet to the left, having a radius of 90.00 feet c and a central angle of 69°23'01"for an arc distance of 108.99 feet to a point of tangency; g cy; THENCE N 22°3817 W, 64.92 feet; . THENCE S 55°19'28"W, 59.28 feet; THENCE N 34°40'32" W, 175.00 feet; THENCE N 55°19'28" E, 150.00 feet to the POINT OF BEGINNING. Containing 30,3E5 square feet, more or less. • Prepared by: THE WLB GROUP, INC. KV*" F t- 12.214 • 4°�4 ; JACK A. dUCHANAM Jack A. Buchanan, RLS • JAH:teg 4,tfjila U.S. . Page 2of2 .11 • • • .- -- - - - 4<i>. .. • CENTER "SEC c cn c cs, u c m SW 1/9 SEC- 24 / SI TE 0,p), ,ELOPE c'ey%4 4fi 1 0G,„9/� I 7 'Tzp 98 =IT TO ACCOMPANY DESCRIPTION OF RESEJ?YOII&-1 3 SITE & UTILITY—ACCESS—ROAD lllTXW RANCHO VISTOS(y SECTION ,24, T. 11 S., R. 13 1� G.S.R.M., FIMA COUNTY, AJ?IZbiVA st'=too' ` W NL wLy project Na. 700011—P001—1003X �rThce u❑ 8-3G-00 N:\tP=050\NE1Gi11Z\IX3T\RES—iS.DWG Exhibit "E" September 7, 2000 WL.:-.1 No. i EE0504 31 F-10 03X W:UL.E'.:ALS i18EOSOWh121Te rip Road_wpd The WLB LEGAL DESCRIPTION GroupRANG C VIS T CSO NEIGHBGR}-HCCD 12 CONSTRUCTION RUCTION EASEMENT For RESERVOIR-13 (TEMPORARY) That portion of the Southwest One-Cuarter(SW 1/4) of Section 24, Township 11 South, Range 13 East `:1a and Salt River Meridian, Pima County,Arizona, descibed as follows: COMMENCING at the Ncrkheast comer of said Southwest One Cuarter(SW 114); THENCE S.89°54'47"W, along the North line of said Southwest One-Quarter(SE 1/4), a distance of 1,095.01 feet- THENCE S 00°05'13" E, 525.12 feet; THENCE S 55°19'28"W, 150.00 feet; . THENCE S 52°46'58"W, 100.06 feet to the Northerly right-cf-gray line of Tortollta Mcur=ir. Drive to the POINT CF BEGINNING; THENCE S 47°49'41" E, along said right-of-way line 228.92 fee THENCE S 4201011.S"W. 60.00 feet to the Southerly right-of-way line of said Tortoltia Mountain Drive; THENCE N 47`49'41"W, along said Southerly right-of-way line 2.98.00 feet; THENCE N 42°10'19" E. 50.00 feet to the Northerly right-of-way line of said Tortollta Mountain Drive; _ THENCE S 4 7°49'41" E, alongsaid Northerly right-of-way line 69.08 feet to the POINT riY OF BEGINNING. Containing 17,880 square feet. more or less. . Prepared by: . \ awili.D\LA :r. THE WLB GROUP, INC. . __Awls -°t.. law t\ 0 12214 4 (1 . 3U CNArNAn 0 Jack A. Eucnanan, RLS ,,<-•c„ .1 JAB.teg ,e,14 U. 5, x- Pave 1 of 1 September 20, 2000 WLB No. 185050-A-31 F-1003 W:lLEGAL S1185050\Nh121Reser14.acc.wpd The WLB roup. LEGAL DESCRIPTION RANCHO V!STOSO NEIGHBORHOOD 12 RESERVOIR 14 That portion of the Southwest Quarter(SW 1/4) of Section 13, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Southwest comer of said Section 13; THENCE N 89°53'25"E, along the South line of said Southwest Quarter(SW 1/4) a distance of 1,1 93.26 feet; THENCE North, 52.74 feet to the POINT OF BEGINNING; THENCE West, 54.53 feet; THENCE N 39°05'36"W, 164.88 feet THENCE N 28°4T06"E, 161.76 feet; THENCE East, 84.18 feet; THENCE S 47°53'35" E, 89.74 feet; THENCE S 18°30'22"W, 101.95 feet THENCE S 49°45'22" E, 59.71 feet; THENCE S 72°15'22" E, 35.46 feet THENCE N 85°14'38"E, 60.37 feet; THENCE N 62°44'38"E, 114.48 feet THENCE N 40°14'38"E, 162.34 feet; . THENCE N 73°59'38"E. 37.39 feet to a point on the arc of a non-tangent curve concave to the East, a radial line of said curve through said point having a bearing of S 76°31'54"W; Page 1 of 2 September 20, 2000 WLB No. 185050-A-31 F-1003 W:\LEGALS1185050\Nh12\Reser14.acc.wpd T e WLB roup s� THENCE Southerly along the arc of said curve, to the left, having a radius of 255.00 feet and a central angle of 05°3710" for an arc distance of 25.01 feet to a non-tangent line; THENCE S 73°59'38"W, 29.92 feet; THENCE S 40°14'38"W, 159.73 feet THENCE S 62°44'38"W, 124.43 feet; THENCE S 85'14'38"W, 70.31 feet THENCE N 72°15'22"W, 45.41 fee:; THENCE N 49°45'2Z'W, 54.71 feet; THENCE S 18030'22"W, 92.13 feet to the POINT OF BEGINNING. Containing 52,072 square feet, more or less. Prepared by: Ilk • THE WLB CROUP, INC. Ae, - ?•� 1221 • o ,Acx A. aucr�ANAN Jack A. Buchanan, RLS • JAB teg \,:fC4',Nrci_ •• `:°4. U. S. 1►. Page 2 of 2 .. • / 11 1 d N90'00'00"E � S 4i 84.18 653, (c `.' ''Tk o • v i'-. \n /\co - c4\ .v. iNi tt 4'3' .cv `c71)) \ (1i ,, o - !') & \ co o /1/ (/1"5' ti 90 \ /Y say, ;:•) (9. ve 54.53':4- , Q' NL13 � - - - - - - - - - 1193.26' P.0.8 3 24 N89'53'25"E • EXHIBIT TO A CCOMPANY DESCRIPTION OF RESERVOIR-14 & ACCESS-UTILITY Wawa' STONE-CANYON V SECTION 13, T. 11 S., R. 13 E., G.S.RJIL, FINA COUNTY, ARIZONA V'=two' The VELE / \ Group Mr WL?q project No. 700017—A091-1003X 8-30-00 N:\785050\NEIGHI2\IXBT�RES—I4—REV.DWG REV-9-18-00 • Exhibit "F" AUG-16-2002 FRI 02:42 PM WESTLAND RESOURCESINC, FM NO, 520 206 9518 P, 01 E3 a A a:;22------ :r ?, h—+ e� �e 'f ri,, 16 ,1111 WestLand R Inco » : .,.._...._.:.:_,: Engineering and Environmental Consultants — FAX TRANSTVIITTAL ' �... ,.,,.,... . ._. ,-. ,., ,,,,., q:,,qc.: 1,,,q. k‘A ''''''...— li.:;,7,:.71:.',I'':,;-'''. To: Mr. Robert Jack l i tc : Fax Number: 229-5029 • From: Thomas A. Martinez,P.E. Date August 16, 2002 Job Number: 206.02.A.8000 Number olpages (including cover sheet): 3 Person to contact if all pages have not been received: April 1~' Comments: Attached please find t lie lcg',11 descriptions for Water Plant 7115 and its associated acce ssititility casement_ Since we haven't received a response from WLB, we hadaidi. rial Land Surveyor's (Our surveyors)write said legal descriptions based uponon existing records and scaled dimensionsirrthe WI,13 drawings. We strongly recommend the site and proposed access alignment staked to consider additional physical constraints prior to formalizingani agreements. call I�'yo�i have any questions or if you need � � �.rec �1�I1tS. Please additional information. Thanks .. 2343 Fast 13ioad vay Boulevard,Suite 202,Tucson,Arizona 8571g 011ie:::(520)206-9585 Fax: (520)206-9518 AM-16-2002 ERI 02:42 PM WESTLAND AND RESOURCES INC. FAX NO, 520 206 9518 P, 02 o 0 , 1 0 4. �� LAN r,, d Q , i fs, . if\CA re Ski . --i 1- it 6' 41). ca . • in ' 31029 0 . STEVEN S. 70 OW T� t a EN � • 'p S'9efit6../ - z =~ NA U.-' • -l\t . •1 1.1 1■ k\,. rJ{/^/�� 1 Y 111 til r x m • . z 1 1 ----- ia'- I ._.---,•... 1 ll \II\\11 -0 . 11,1 El k a POn ,v� Q C7 e � —I �,e n m 1 ,\\ gi K \\\ rn — / ul 33 s i`i� 7 `1\ -H .�. , \ > • o' 73 p1 0 o' 70 - , 0 •� �,_ o 200.002 co . ri fm z .----- 0:-1-4- AUG 10, 002 . XHIOIT DRAWING - PROPOSED WATER PLANT 15 Carainar 425 S. P!ur ,er, '102 I AND UTILITY/ACCESS E ASEMEN!i k _ -. ru�scn �T�zono 85719 1 iVw Land Surve 'no i Qi. S20}) 798-3603 FAX (520 ) 798-3632 NG-16-2002 FR I 02:43 PM WESTLAND RESOURCES 1 NC, FAX NO. 520 206 9518 [3, 03 , , WATER PLANT 15 That part of Common Area "A" , Stone Canyon II, Rancho Vistoso Neighborhood 1a, as recorded in the Office of the County Recorder of Pima County, Arizona, in Book 53, Page 48 of Maps and Plats, more particularly described as follows: • COMMENCING at the Northwesterly corner of that portion of said Common Area "A" lying northerly of Lots 172 through 179 of said Stone Canyon II ; Thence North 89 degrees 58 minutes 04 seconds East along the Northerly line of said Common Area "A", 325 .00 feet to the POINT OF BEGINNING; Thence South 00 degrees 01 minutes 56 seconds East, 200. 00 feet; Thence North 89 degrees 58 minutes 04 seconds East, 23. 84 feet to POINT "A" ; Thence continue North 89 degrees 58 minutes 04 seconds East, 186. 1E feet; Thence North 00 degrees 01 minutes 56 seconds West, 200.00 feet to said Northerly line; Thence South 89 degrees 58 minutes 04 seconds West, 200 , 00 feet to the POINT OF BEGINNING. 1;., 1,tj•,I‘Jiti L.',i6i, N • Pb ' c-aVEN C• - • - , (il ,• ,, OVIANi viii.:_t,f, ( 0 ,( • t ,• ' c.?,, 04 ,l.' -''•,..j.N.,:l' ,. /1 • ''')...4./''' .'' 15r A# Page 1 of 2 AUG18-2002 FRI 02:43 PM WESTLAND RESOURCES INC, FAX NO, 520 206 9518 P, 04 44. TOGETHER WITH the following UTILITY AND ACCESS EASEMENT A 20-foot wide easement for utilities and access lying 10 feet on both sides of the following-described centerline: BEGTNNING at said POINT "A"; Thence South 43 degrees 41 minutes 01 seconds West, 350.17 feet; Thence South 64 degrees 25 minutes 31 seconds West, 379.28 feet to the Westerly line of said Common Area "A"; Thence continue South 64 degrees 25 minutes 31 seconds West, 8.89 feet; Thence South 93 degrees 16 minutes 17 seconds West, 140. 17 feet; Thence South 72 degrees 26 minutes 46 seconds West, 304 .38 feet; Thence South 09 degrees 09 minutes 58 seconds West, 382 .25 feet to the POINT OF TERMINATION; The sidelines of said easement to he lengthened or shortened to meet at angle points and to extend to the Southerly line of the above-described Water Plant IS, the intent of this utility and access easement being to terminate within the right-of-way of a proposed roadway. 9 LANZ) . 3i029 .1 STEVENS. 0 ;Pod i OWENtly 0 v 41, ON Page 2 of 2 Exhibit "G" DEED For the consideration of ten dollars, and other valuable consideration, Vistoso Partners L.L.C., Arizona Limited Liability Companies ("Grantor"), conveys in fee to the Town of Oro Valley, an Arizona Municipal Corporation ("Grantee"), the following described real property situated in Pima County, Arizona, together with all rights and privileges appurtenant thereto: See the legal description set forth in Exhibit"1" attached an incorporated by this reference (the "Property"). Subject to: There are no liens or encumbrances Further Subject to: The Town of Oro Valley("Grantee") is hereby granted a permanent set of easements by"Grantor" for all necessary ingress and egress routes and water line easements as shown on the attached Exhibit "2". Dated this 2m1 day of September, 2002 Grantor: Vistoso Partners L.L.C. Name and Title The foregoing deed was acknowledged before me this day of by as of Vistoso Partners L.L.C., an Arizona Limited Liability Company. Notary Public Date my commission expires H:Wgmts&Contracts\Water\RV Suppl Agmt\Draft Supplemetal Agreement A1.doc 17