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HomeMy WebLinkAboutPackets - Council Packets (1690)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION FEBRUARY 2, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE The Town has modified its public comment procedures in the newly renovated town council chambers. For more details, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   COUNCIL REPORTS   TOWN MANAGER'S REPORT   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   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   PRESENTATIONS   1.Recognition of outgoing Board, Commission and Committee Members   2.Presentation and update by Felipe Garcia, President/CEO of Visit Tucson   3.Presentation and update by Dave Perry, President/CEO of the Greater Oro Valley Chamber of Commerce   CONSENT AGENDA  (Consideration and/or possible action)   A.Minutes - January 19, 2022   B.Resolution No. (R)22-06, authorizing and approving the addendum to the El Conquistador and Golf Courses Purchase and Sales Agreement   REGULAR AGENDA   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 1/26/22 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.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 the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to the Town Council prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Mayor. If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue 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. Please step forward to the podium when the Mayor calls on you to address the Council. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. You will only be allowed to address the Council one time 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 matter that is not on the agenda. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. In accordance with the Pima County Health Department’s most recent health advisory, the Town respectfully asks all in-person meeting attendees, regardless of vaccination status, to please wear a mask while indoors. COVID-19 remains a fluid situation, and the Town will adjust its safety guidelines in accordance with any future health advisories from the Health Department. Thank you for your cooperation.    Town Council Regular Session 1. Meeting Date:02/02/2022   Recognition of Outgoing Board and Commission Members Subject Recognition of outgoing Board, Commission and Committee Members Summary Board of Adjustment Mary Murphy January 2020 – December 2021 Budget and Finance Commission David Newell February 2019 - December 2021 Historic Preservation Commission Stephen Hannestad February 2019 – December 2021 Gail Munden May 2018  – February 2021 Von Golden January 2021 – March 2021 Stephanie Krueger January 2021 - December 2021 Michael Wilson  September 2018 - November 2021 Parks and Recreation Advisory Board Gary Temple February 2018 – December 2021 Philip Saletta February 2018 - December 2021 Storm Water Utility Commission Joan Brown  January 2018 - December 2021 Jack Stinnett January 2019 – February 2021 Water Utility Commission Rick Reynolds January 2019 - June 2021 Oro Valley Representative to the Tucson-Pima County Bicycle Advisory Committee Joseph Pickens February 2017 - December 2021 Oro Valley Representative to the Pima Association of Governments Environmental Planning Advisory Committee Georgia Pennington  September 2018 - October 2021   Attachments No file(s) attached.    Town Council Regular Session 2. Meeting Date:02/02/2022   Presentation by Felipe Garcia, President/CEO of Visit Tucson Subject Presentation and update by Felipe Garcia, President/CEO of Visit Tucson Summary Attachments Visit Tucson Presentation  Oro Valley Town Council February 2, 2022 2021 Highlights Groups •28 individual site visits •47 individual bookings at Oro Valley Properties •25,061 total definite room nights at Oro Valley Properties Sports •13 individual bookings •3,441 total definite room nights at Oro Valley Properties El Conquistador was host to Meetings Today Live in December, a three-day Familiarization Tour that brought 28 qualified meeting & event planners to Oro Valley. Convention Sales & Sports New Website Social Media –Instagram Funnel Social Media PR & Media •The El Conquistador featured “Arizona: Amazing Venues Attract Meeting Planners Year After Year ” in Insurance & Financial Meetings Management (TheMeetingMagazines.com)on March 2, 2021 •The El Conquistador featured “Destination: Arizona” in Corporate & Incentive Travel (TheMeetingMagazines.com) on August 23, 2021 •SpaWell at the El Conquistador mentioned in “Tucson’s new tourist attractions range from Aztec art to space rocks” which was published in the Washington Post on August 4, 2021 •Holiday decorations at the El Conquistador were included in a list of “10 hotel gingerbread houses for your holiday dreams” featured on ThePointsGuy.com on December 12, 2021 and AllRecipes.com on December 14, 2021 PR & Media •Tohono Chul was included in Roger Naylor’s article “Feeling cooped up? This Arizona winter weekend getaway will have you outdoors for days ” which was published on USAToday.com on February 10, 2021. This article also appeared in the Arizona Republic. •Tohono Chul was included in an article entitled “Best Desert Botanical Gardens to Visit in 2022” which was published in Sunset Magazine on December 7, 2021 •Catalina State Park was mentioned in an article entitled “Mountain escapes for fall family adventure in Arizona, Colorado, Wyoming ” which was published in the Seattle Post- Intelligencer on October 11, 2021 •Catalina State Park was mentioned in an article entitled “Hiking, Wine Tasting & More: How to Have an ‘edventure’ in Tucson” published in Arizona Foothills Magazine on November 6, 2021 PR & Media 2022 Projections Groups & Sports •Reschedule and rebook canceled 2021 events. •Book new business. Smith Travel Data –Oro Valley October –December 2019 2021 Occupancy:59.2%55.3% Average Rate:$117.73 $145.77 Convention Sales & Sports Public Relations & Communications Public Relations & Communications Tourism –Canada Reverse Mission Economic Development & Tourism Economic Development & Tourism Supporting our Businesses New Strategic Plan VisitTucson.org 115 N. Church Ave, Suite 200 Tucson, AZ 85701    Town Council Regular Session 3. Meeting Date:02/02/2022   Presentation by Dave Perry, President/CEO of the Greater OV Chamber of Commerce Subject Presentation and update by Dave Perry, President/CEO of the Greater Oro Valley Chamber of Commerce Summary Attachments Chamber Presentation  WHAT WE'VE DONE, WHAT WE'RE DOING, AND EVERYTHING IN BETWEEN ANNUALOROVALLEYCHAMBEROFCOMMERCEREPORT AUGUST 2021 ISSUE NO. 2 CORPORATE MEMBERS GOLD: SILVER: COPPER: PLATINUM: DIAMOND: of the Oro Valley Chamber of Commerce: 2 At night, in between the big rains of this green 2021 monsoon, crews from Granite Construction have been resurfacing selected lanes of Oracle Road between Magee and Calle Concordia. Suddenly, thankfully, there’s a bit of smooth sailing on Oracle for motorists and commuters. Thank you, Arizona Department of Transportation – and come back soon! We’ve all needed a smoother road, for years on Oracle, and these past 17 months of the bumpy coronavirus pandemic. We’ve not seen this in our lifetimes. While we’re not quite out of the COVID-19 woods – please, get vaccinated – there is an end in sight, and maybe a smoother path ahead for individuals, businesses and community alike. For the second year now, we present this more formal, published Annual Report, a state of the Chamber, delivered directly to you, our members. It paints a broad picture of your Chamber, where we stand, what we are doing, what lies ahead. Broadly, we’re fine. We’ve lost members over the course of 18 months, but we believe the trend has been flipped. Our staff is excellent, our board of directors engaged. Above all, we are humbled by your enduring support. We’re grateful for it, we don’t ever take it for granted, and we remain committed to your success. Just like Oracle, the path should smooth A letter from your President / CEO 3 It’s my privilege and pleasure to work with Duane Macklin, our member services director; Kristen Sharp, our events director; and new addition Shari Colson, our business development director. Each of them has done exceptional work for you. Like you, they’ve rolled with pandemic punches. In my 10 years now, I’d suggest we’ve done our best work since March 2020. Within, please find some examples. Our brand is founded upon individualized, personal service, and shall remain so. Never hesitate to ask for our help. Every year, I say this: We’ve come a long way. We still have far to go. Thanks for taking the journey with us. May there be a smooth path ahead. Dave Perry President / CEO On April 5, your Chamber made local arrangements for a visit to Oro Valley by U.S. Rep. Tom O’Halleran. Six business people met with Tom at The Overlook to share their thoughts with the Congressman. Town officials were on hand as well. O’Halleran’s tour continued with visits to 4 OV businesses. Afterward, the Congressman and his staff were grateful, and impressed by what they saw in Oro Valley and its business community. YOUR CHAMBER... The beautiful cover photo of Romero Pools was taken by Dr. Jeff Maltzman of Lucid Dreams Photography and Chamber member Fishkind, Bakewell, Maltzman, Hunter and Associates. 4 Membership – 491 active members as of Aug. 1, 2021. A year ago, we stood at 544 active members. For comparison, we had 491 active members in November 2017. Our low was 369, in August 2012. Active membership peaked at 586 before the pandemic. Then, when we stared at the possible impacts of the coronavirus, we saw the real possibility of a 30 percent loss of members. Thus far, it’s been closer to 16 percent. And, thankfully, we’re slowly growing. For the first time in 20 months, we gained more members than we lost in June and July 2021. Our goal – get back to 500, then go beyond. Cash – Our cash has held up, and in fact is growing. As of June 30, your Chamber had cash reserves of $173,226, up from $157,655 1 year ago. Those funds are in 3 places Key chamber measurements - checking and savings accounts, at Canyon Community Bank; in certificates of deposit with 10 Chamber member financial institutions; and in an investment account opened last December with Chamber member Ameriprise Financial. In total, those reserves represent about 8 months of standard operating expense. Chambers strive to have 6 months’ reserves. We’re fine. The cash gives us flexibility to spend money on key initiatives – the Shop OV summertime campaign, and holiday gift cards, for 2 – that are in the best interest of our Chamber and its members. And it helps us to weather the inevitable cycles of our business. 5 We entered the hot season with concerns about local businesses, and whether they can emerge from the always- slower summer season while many experience a further- reduced business volume because of the pandemic. To raise awareness, your Chamber started its Shop OV Summertime Campaign. We dubbed it the “Cure for the Summertime Blues” – fans of The Who may remember that rock ‘n’ roll anthem – and urged people to Shop Local, and to Think OV First. Out of the gate, your Chamber purchased $4,500 in $50 gift cards from local businesses, and we’re giving them away. We’ve had gifts from El Conquistador Tucson, Cox Communications and the Oro Valley Rotary Club, boosting our card purchase total near $6,000. Thank you, all! To promote local shopping our friends at Cox Communications created 2 30-second commercials for Northwest-side cable TV and other systems promoting Shop OV. Your Chamber and the Town of Oro Valley are splitting the cost of that campaign. Our goals are multiple – to raise awareness of the value of shopping locally, to show businesses we’re pulling for their success, and to help build relationships between consumers and businesses. We hope a gift card is not a 1-time transaction; rather, we’d like it to change behaviors for mutual benefit. Remember, Shop Local, and Think OV First! In summer, and all year, Shop Local, Think OV First! 6 Brooke Cromwell of Peachwave Frozen Yogurt & Gelato in Oro Valleygave the thumbs up after cutting the ribbon at her new business. As thepandemic began to ease, your Chamber moved about the community,welcoming new businesses in tandem with Chamber members, staffand the Town of Oro Valley. In spite of the pandemic, your Chamber cut ribbons at local businesses – Artists and Makers Studio, Arizona Mohs Surgery, The Views Golf Club, Freytag Orthodontics, Spenga, eVideo Creations, Desert Dance Collective, Avant Dermatology & Aesthetics, Arizona Blood & Cancer Specialists, The Post Workspaces, Salted Pig American Barbecue, F45 Fitness, Mountain View Retirement Village, Purelit Studios, Peachwave Frozen Yogurt & Gelato, Brittni Gutman / Allstate Insurance, Centre Stage Dance Studios, New American Funding, Seis Kitchen. YOUR CHAMBER... 7 We give our heartfelt thanks to 2 outgoing board members, and welcome three. Three Chamber members in good standing have been chosen for 3 open positions on your Chamber’s board of directors. The new board members are Susan Swan, owner and operator of Swan Pilates; Paul Tees, Tucson market president for Commerce Bank of Arizona; and Dan Wesson, real estate broker and co-owner of The Post Workspaces. They are being seated at your Chamber’s 29th Annual Meeting and Awards Breakfast on Thursday, Aug. 19, 2021. Those three would succeed Jeff Artzi of OOROO Auto and Cindy Hanson of Silver member OneAZ Credit Union, both of whom are term-limited. Jeff and Cindy have been great assets on the board, giving us big thinking and steadfast support. A third seat has been vacant. Chamber board terms are 2 years in length, with a term limit of 3 consecutive terms. … hosted online conversations with Amphi Superintendent Todd Jaeger, U.S. Congress candidates Rep. Tom O’Halleran and Tiffany Shedd, attorney Roscoe Mutz on the ramifications of marijuana legalization, Jim Horvath of Town West Companies about Oro Valley Marketplace, Pima County Health Department director Dr. Theresa Cullen on the pandemic, attorney Mike Boreale on vaccination law, Supervisor Rex Scott, CEO of Oro Valley Hospital Jennifer Schomburg, Tucson Airport Authority CEO Danette Bewley, Pinal County Supervisor Jeff McClure, and Jennings Imel of the U.S. Chamber of Commerce. YOUR CHAMBER... 8 Chair Nancy Boyle Splendido at Rancho Vistoso Vice Chair Anne-Marie Braswell Golder Ranch Fire District Treasurer Eric Renaud Pima Federal Credit Union   Secretary / Clerk Dinny Cosyns NorthStar Strategies   Directors   Veronica Apodaca Northwest Healthcare / Oro Valley Hospital   Ron Arenas Picture Rocks Cooling, Heating and Plumbing   Lisa Bayless Long Realty Lila Chapman Sierra Tucson  Mark Davis Canyon Community Bank Tom Hebner Roche Tissue Diagnostics   Robert Ramirez Robert V. Ramirez, CPA Otton Suarez El Conquistador Tucson, A Hilton Resort Susan Swan Swan Pilates   Jack Talmage Oro Valley Country Club Paul Tees Commerce Bank of Arizona Jeremy Thompson Cox Dan Wesson The Post Workspaces   Ex-officio Paul Melcher Town of Oro Valley 2021-2022 9 My Fellow Chamber Members, As we make our way to the other side of COVID-19 and one of the most challenging times in all our lifetimes, I hope that each of you, your friends and loved ones are, and remain, healthy and safe. While, for many who are still struggling it may seem hard to imagine, the future looks bright, and I am optimistic that we can come through this crisis better and stronger than before! Just as I said a year ago, from my perspective, the quickest way to get to the other side of this pandemic is by trusting science and following the guidance of public health officials. Get vaccinated, follow CDC and local health department guidelines, wear a mask if asked; do all these things to protect yourselves, your loved ones, and any fellow humans you meet. Please, everyone wants to feel safe out in our community. Since last year, your Chamber staff has been VERY busy; despite the pandemic. Did you know that…… Nancy Boyle Thoughts of gratitude, appreciation and pride We have visited businesses all year long, and resumed regular business retention visits with the Town of Oro Valley’s Economic Development Specialist, Margie Adler, and Mayor Winfield. Chamber staff visited dozens and dozens of local businesses regarding OVsafesteps. The chamber heavily promoted Oro Valley’s participation in the 2020 decennial US Census. Oro Valley had the Census’ second-highest voluntary participation rate in the state. A letter from your Board Chair 10 Your Chamber created and launched shopovaz.com as well as #dineovaz, and has purchased and distributed thousands of dollars in gift cards to help support local restaurants and employees of businesses hardest hit by the pandemic. We undertook the Shop OV Summertime campaign, buying and giving away more than $4,500 in $50 gift cards from local businesses to give away. During the first half of 2021, the Chamber focused heavily on OVsafesteps, processing receipts, delivering posters, window clings and floor spacers, advertising and promoting the program, and personally contacting OV businesses by email, phone, and in person to raise awareness and encourage business participation in the program. We’ve distributed relocation packets, cut ribbons, hosted the virtual 2020 State of the Town, Economic Outlook and Bioscience Spotlight events, and continued providing a variety of informed speakers through our Let’s Connect series. Now, fingers crossed, we’re back to live events. One of those was in June, the 2021 Mayor Steve Engle Memorial Scholarship breakfast at the Westward Look, where 6, $1,500 scholarships were awarded to deserving Northwest-side students. Tears flowed. When I look back at all the Chamber has accomplished over this past year and during a pandemic to support both businesses and individuals, my thoughts are of gratitude, appreciation and pride. A huge round of applause to Dave, Kristen, Shari, and Duane for working so hard to provide members with all the Connections, Community and Collaborations possible. Stay well everyone. Nancy Boyle Board Chair B O A R D O F D I R E C T O R S 11 We returned to live and in- person customer development events – you call those “networking mixers” -- in May, and have continued slowly ramping those up into the summer. Our 2021 Annual Meeting and Awards Breakfast, the Chamber’s 29th annual meeting, is live and in-person Thursday, Aug. 19, at El Conquistador Tucson, A Hilton Resort. Then, on Oct. 28, we plan to host our largest annual event, the 2021 Oro Valley State of the Town Address, Luncheon and Business Expo, live and in-person at El Conquistador Tucson. It’s been terrific to be with our members and guests after a necessary hiatus. We want to keep the trend going, and growing. In July, after a thorough process led by a board task force, your Chamber board adopted a 3-year strategic plan, the Chamber’s first such guiding document in more than 5 years. It draws upon 4 key areas of focus – creation of a strong financial plan, always improving the customer experience, building for the future, and simplifying what we do – with specific tactics to pursue objectives. We’re excited about it. It is already changing the way your Chamber staff thinks about its work. This community, and our Chamber member businesses, are poised to thrive in a bright future. Our organization is grateful for and humbled by the opportunities we have to grow business and community alike. Thank you. The future ... uncertain but bright 12 ...hosted a virtual State of the Town, on Oct. 29, 2020, with Mayor Joe Winfield providing his report to the community from El Conquistador Tucson, A Hilton Resort. A small, socially distanced audience of 50 guests had breakfast and watched live. Oro Valley Mayor Joe Winfield addressed a smallin-person crowd and a bigger virtual audience atthe 2020 Oro Valley State of the Town event at ElConquistador Tucson, A Hilton Resort. Chamber events director Kristen Sharp and AnstarProductions Group’s Katie and Bill Starr listened to ChamberPresident / CEO Dave Perry at the 2020 Annual Meeting,hoping he wouldn’t flub anew.Photos courtesy BoomPix Media / Joey Ambrose YOUR CHAMBER... 13 On May 6, 2021, your Chamber presented the first Greater Oro Valley Bioscience Spotlight, featuring a virtual tour of the University of Arizona Center for Innovation Oro Valley. We interviewed UACI director Eric Smith. We shared conversations with Dr. Souvenir Tachado, principal of the bioscience startup and UACI Oro Valley tenant Souvie BioDelivery, and with Dr. Iman Daryaei, founder and principal of UACI Oro Valley tenant TheraCea Pharma. We had a great talk with Nelson Alexander, PhD., the Roche employee who’s part of a team creating potentially groundbreaking methodology to analyze cancerous tumors. And, for the first time, the Chamber awarded a $10,000 occupancy grant to uPetsia, winner of a sponsored launch competition judged by experts and funded by the Chamber. Additionally, Chamber members Scott Weible, attorney at law; Rocky Point Technology Group, Andrew Hoffman; and eVideo Creations, David Arond, provided in-kind services to uPetsia as part of the award. uPetsia, which is creating technology to improve the breath of dogs via manipulation of oral bacteria, is now a tenant at UACI Oro Valley. In early August, uPetsia hired its first employee, Dr. Choong- Hwan Ryu, as its director of research. His son will be attending Basis Oro Valley this school year. At OV Bioscience Spotlight, Chamber talked to start-ups, awarded $10K to company Eric Lyons and Scott Zentack of uPetsia, recipient of your Chamber’s first sponsored launch grant award, stood inside lab space at the University of Arizona Center for Innovation Oro Valley. Photo courtesy of Paul Tumarkin/ Tech Launch Arizona 14 Jeff Bell and Barbara McClure of IMPACT of Southern Arizona wheeled donated tuna out of your Chamber office. YOUR CHAMBER... Over the last 12 months, the Chamber hosted various, online roundtable discussions with Oro Valley Mayor Joe Winfield, members of town council, staff and Oro Valley business people – those working in and managing hotels and restaurants, health and fitness operations, salons, and spas – so government and business could learn from and help one another in the pandemic. …assembled and provided welcoming gift bags to the first 110 students at the new University of Arizona College of Veterinary Medicine in Oro Valley. We’re repeating the welcome Aug. 18, 2021, as the second cohort of 110 students arrives for in-person classes on the campus, located within the Foothills Business Park across from Steam Pump Ranch. YOUR CHAMBER... 15 MAYOR STEVE ENGLE Memorial Scholarship Recipients 2021 Matthew J. Colson, Pusch Ridge Christian Academy Valeria Jimenez Granados, Canyon Del Oro High School Alexandra Carrasco, Flowing Wells High School In June, your Chamber and its Chamber Foundation awarded 6 scholarships valued at $1,500 each to deserving students in the name of the late Oro Valley Mayor Steve Engle. The 2021 awards continue a Chamber tradition. Steve Engle served as Oro Valley’s fourth mayor, from 1978 through 1990. During his time in office, Steve would regularly provide scholarships to deserving students from his own funds. After his death, the Chamber assumed responsibility for raising funds and making the awards. The 2021 recipients are Christopher Te, Mountain View High School; Matthew J. Colson, Pusch Ridge Christian Academy; Valeria Sarahi Jimenez Granados, Canyon Del Oro High School; Kirsten Jimenez, Grand Canyon University; Alexandra Carrasco, Flowing Wells High School; Israel Solorio, Mountain View High School. 16 We were able to celebrate our recipients and their families at a breakfast Thursday, June 24, at Chamber member the Westward Look Wyndham Grand Resort & Spa. It was a warm and emotional morning, certainly a highlight in the Chamber’s year. In 2021, the Chamber and its Foundation received generous scholarship sponsorship gifts from AcaciaIT, Southwest Kitchen & Bath, Oro Valley resident Kay Williams, Schulz Financial Group, State Farm / Joe Foster, and Urgent Specialists. Volunteers are also pivotal to the process. We give our thanks to our scholarship evaluators, spearheaded again this year by Chamber member services director Duane Macklin. This year’s applications were evaluated and ranked by Kay Williams, Lisa Hopper, Brian Bickel, Anne-Marie Braswell, Dinny Cosyns, Otton Suarez and Alan Dankwerth, each of whom has an affiliation with the Chamber Board of Directors or the Foundation Board of Directors. You can help support scholarships, too. We invite you to visit orovalleychamber.com, and click on the Foundation link. Christopher Te, Mountain View High School Kirsten Jimenez, Grand Canyon University Israel Solorio, Mountain View High School 17 To brighten the 2020 holiday season for people and businesses alike, your Chamber embarked on a special holiday gift card promotion. The Chamber spent $3,700 of your money, and received another $1,285 in gifts, for a total of $4,985. The money was spent on gift cards, purchased from Chamber businesses. In turn, we donated the gift cards to 3 entities, to use as they deemed best. They are: The Southern Arizona Arts & Cultural Alliance, $500 in gift cards for its holiday coloring contest prizes; IMPACT of Southern Arizona, $2,225 in gift cards to use as gifts to clients and staff alike; Interfaith Community Services, $2,260 in gift cards. ICS used its cards to supplement raffle prizes given as part of its annual Empty Bowls fund-raiser. We’re always glad to help business and community alike, and this was a win-win effort. For the holidays, we bought, gave away $4,985 in gift cards ...presented a virtual 2021 Greater Oro Valley Economic Outlook, featuring conversations with representatives of the Arizona Department of Transportation concerning Oracle Road, Randy Rogers of the Tucson Association of Realtors, new Oro Valley community and economic development director Paul Melcher, and Mattamy Homes regional president Anjela Salyer. YOUR CHAMBER... 18 Much of the Chamber’s efforts during the pandemic have gone toward OVsafesteps, the Town of Oro Valley’s $1 million business assistance program. In summer 2020, Chamber President / CEO Dave Perry was part of a town task force to analyze what aid would be of value, and how to get it to businesses. The result was OVsafesteps, a business assistance and promotion program that encouraged smart business practices in the face of the virus, while assuring customers of their safety, and getting funds to strapped business owners. Your Chamber widely promoted OVsafesteps, and helped many businesses understand the program and how to participate in it. Staff spent dozens of hours on the doorsteps of Oro Valley businesses, checking in, listening, learning and acting on their behalf. Additionally, the Chamber – and specifically, member services director Duane Macklin – processed countless receipts to ensure compliance, ease the burden on town staff and make the payment process faster. In the end, the Town of Oro Valley provided 216 Oro Valley businesses with reimbursements for personal protective equipment, marketing, professional services and hardship grants. In sum, businesses have received $809,700 in pandemic- related relief. Your Chamber is proud to do its small part in this difficult time. For much of past year, Chamber has aided OV in OVsafesteps project 19 orovalleychamber.com Dave has been president and CEO of the Greater Oro Valley Chamber for 10 years. He spent more than 30 years working as a newspaper reporter, editor and publisher. He grew up in Connecticut, graduated from the University of Wyoming and spent Kristen has been with the Chamber for two years now. She has a background in program and retail management, as well as secondary, postsecondary, and early childhood education. Kristen comes to us from rural Missouri and has her master's from the University of Arizona. Kristen lives in Oro Valley with her husband and daughter. They enjoy spending time outdoors with their golden retriever, Truman. Dave Perry President / CEO dave@orovalleychamber.com Kristen Sharp Events Director kristen@orovalleychamber.com most of his career in Wyoming communities. Dave enjoys hiking, biking, skiing, sports, music, writing and more. He and his wife Lisa live in Oro Valley. 20 Duane has been with the Greater Oro Valley Chamber of Commerce since January 2019. He is an experienced construction management supervisor with a knack for managing data and serving people. Ask Duane for any of your information needs. He and wife Gayle are Oro Valley residents. In May, Shari Colson joined the staff of the Greater Oro Valley Chamber as its business development director. Shari is responsible for membership and events sales, and retention. Fundamentally, she takes care of Chamber customers with energy, enthusiasm, a strong work ethic and a genuine desire to help people and businesses. Shari, a resident of Oro Valley, comes to the chamber from Pusch Ridge Christian Academy, where she spent 3 years promoting PRCA and raising money for major initiatives. Shari has had wide business and corporate experience. She and husband Jeff are the proud parents of Matthew, a PRCA graduate now studying at the University of Arizona. Duane Macklin Member Services Director duane@orovalleychamber.com Shari Colson Business Development Director shari@orovalleychamber.com 21 "One of the best chambers in Tucson area! Dave and his team are always willing to help your business grow and succeed. If you want to be a part of a fun and positive group I recommend them!" -John Decker Anchor Wave Internet Solutions WORDS FROM OUR MEMBERS... "Being a member of the Oro Valley Chamber for a number of years I have always found them very proactive and informative. They continue to provide the area with information on upcoming events, legislative issues, and many other business and non business related happenings. I feel that being a member of the Chamber has been a plus for me and my organization." -Bill Stanley SCORE of Southern Arizona "I have been a member of the Oro Valley Chamber for almost 20 years in my career. I have always found this Chamber to be helpful and informative. During the last year with the economic stress during Covid, I believe the Chamber has really stepped up their involvement and been extremely flexible and creative in helping us survive and thrive in these trying times. I recommend any new or existing business to utilize the Oro Valley Chamber and become an active member." -Suzi Nomiyama Tucson Lifestyle Magazine 3,007 /Greater-Oro-Valley-Chamber-of-Commerce 655 /TheOVChamber 1,329 /TheOVChamber190 /Greater-Oro-Valley-Chamber-of-Commerce 2,760 emails receive our communications "The leadership and professionalism of the Oro Valley Chamber is outstanding. They are always ready to deliver value, engagement, education and support. We are fortunate to have such an asset in the community!" -Monica Smith Visiting Angels 22 7435 N. Oracle Rd., Ste. 107 Oro Valley, AZ 85704 520-297-2191 orovalleychamber.com From left, Chamber staff Duane Macklin, Shari Colson, Kristen Sharp and Dave Perry. Thank you Tohono Chul for the beautiful backdrop for our #squad picture and headshots by Joey Ambrose of BoomPix Media. 23 7435 N. Oracle Rd.,Ste. 107Oro Valley, AZ 85704    Town Council Regular Session A. Meeting Date:02/02/2022   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - January 19, 2022 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve with the following changes), the January 19, 2022 minutes.  Attachments 1-19-22 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION JANUARY 19, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 6:00 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember PLEDGE OF ALLEGIANCE    Mayor Winfield led the audience in the Pledge of Allegiance.   UPCOMING MEETING ANNOUNCEMENTS    Town Clerk Mike Standish announced the upcoming Town meetings.   COUNCIL REPORTS    Councilmember Jones-Ivey recognized Marcelo Ibarra, an 8th grader at Pusch Ridge Christian Academy, and Amy Senkerik, a Junior at Ironwood Ridge High School for their academic excellence and outstanding community service. Mayor Winfield reported that he had attended the Oro Valley inaugural Business Summit held on January 6th at the Westward Look Wyndham Grand Resort and Spa. Mayor Winfield also recognized those who helped organize the event.   TOWN MANAGER'S REPORT 1/19/22 Minutes, Town Council Regular and Study Session 1  TOWN MANAGER'S REPORT    Town Manager Mary Jacobs provided an update on the Pusch Ridge Golf Course and highlighted the working relationship with the Friends of Pusch Ridge Golf organization.   ORDER OF BUSINESS    Mayor Winfield reviewed the order of business and stated that the order would stand as posted. Mayor Winfield provided the guidelines for participation in the Town Council's Regular and Study Session meeting.   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    Oro Valley resident Tony D'Angelo spoke regarding the recent success of the Push Ridge golf course and the Friends of Push Ridge Golf organization.   PRESENTATIONS   1.Proclamation - Oro Valley School Choice Week       Mayor Winfield proclaimed January 23 - 29, 2022 as Oro Valley School Choice Week. Painted Sky Elementary Principal Bethany Papajohn accepted the proclamation.   2.Presentation and possible discussion of the FY 21/22 financial update through November 2021 (Please reference the attachments for the Town's monthly financial update)        Finance and Budget Administrator Wendy Gomez presented the Fiscal Year 20/21 financial update through November 2021 and included the following: General Fund Revenues General Fund Expenditures General Fund Highway Fund Revenues Highway Fund Expenditures Highway Fund Community Center Fund Revenues Community Center Fund Expenditures Community Center Fund Discussion ensued amongst Council and staff regarding Presentation item #2.   3.Presentation and possible discussion of the Town's Annual Comprehensive Financial Report and    1/19/22 Minutes, Town Council Regular and Study Session 2  3.Presentation and possible discussion of the Town's Annual Comprehensive Financial Report and Single Audit for Fiscal Year ending June 30, 2021       Chief Financial Officer Dave Gephart provided a brief overview of Presentation item #3 and introduced Brian Hemmerle, Partner at Henry+Horne. Mr. Hemmerle presented the Town's Annual Comprehensive Financial Report and Single Audit for Fiscal Year ending June 30, 2021, and included the following; Required Communications with Town Council and Management Communications with Town Council and Management Findings and Recommendations Financial Highlights Discussion ensued amongts Council, staff and Mr. Hemmerle regarding Presentation item #3.   CONSENT AGENDA    Councilmember Bohen requested that item (B) be pulled from the Consent Agenda for discussion. Vice Mayor Barrett requested that item (C) be pulled from the Consent Agenda for discussion.   A.Minutes - January 5, 2022       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve Consent Agenda item (A).  Vote: 7 - 0 Carried   B.Resolution No. (R)22-02, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and the Pima County Recorder to provide election services for the August 2, 2022 Primary Election, the November 8, 2022 General Election, the August 6, 2024 Primary Election and the November 5, 2024 General Election       Councilmember Bohen requested clarification regarding the advantages the Town might incur from an approved Intergovernmental Agreement with Pima County for election services. Town Manager Mary Jacobs and Town Clerk Mike Standish provided clarification of the advantages for the proposed Intergovernmental Agreement with Pima County for election services.    Motion by Councilmember Tim Bohen, seconded by Councilmember Joyce Jones-Ivey to approve Consent Agenda item (B).  Vote: 7 - 0 Carried   C.Item A: Resolution No. (R)22-03, authorizing and approving the dedication of a public trail easement from Meritage Homes to the Town of Oro Valley Item B: Resolution No. (R)22-04, authorizing and approving the extinguishment of a public trail easement by the Town of Oro Valley       Vice Mayor Barrett requested clarification regarding the dedication of a public trail easement. 1/19/22 Minutes, Town Council Regular and Study Session 3   Vice Mayor Barrett requested clarification regarding the dedication of a public trail easement. Planning Manager Bayer Vella provided clarification regarding the dedication of a public trail easement.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Josh Nicolson to approve Consent Agenda item (C).  Vote: 7 - 0 Carried   REGULAR AGENDA   2.DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED AMENDMENTS TO TOWN CODE, CHAPTER 5, MAGISTRATE COURT A. RESOLUTION NO. (R)22-05, DECLARING THE PROPOSED AMENDMENTS TO TOWN CODE, CHAPTER 5, MAGISTRATE COURT, IN ATTACHMENT 1 AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD B. PUBLIC HEARING: ORDINANCE NO. (O)22-02, REGARDING PROPOSED AMENDMENTS TO TOWN CODE, CHAPTER 5, MAGISTRATE COURT, IN ATTACHMENT 2       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to approve Resolution No. (R)22-05, declaring the proposed amendments to Town Code, Chapter 5, Magistrate Court, and filed with the Town Clerk, a public record.  Vote: 7 - 0 Carried    Town of Oro Valley Magistrate Judge James Hazel, presented item #2B and included the following; Why change the current code Proposed Changes Discussion ensued amongst Council and staff regarding item #2B. Mayor Winfield opened the public hearing. No comments were received. Mayor Winfield closed the public hearing.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Joyce Jones-Ivey to approve Ordinance No. (O)22-02, adopting the proposed amendments to Town Code, Chapter 5, Magistrate Court.  Vote: 7 - 0 Carried   3.DISCUSSION AND POSSIBLE ACTION TO HAVE ALL COUNCIL REPORTS GENERATED IN RESPONSE TO UPCOMING COUNCIL AGENDA ITEMS BE ATTACHED TO THE AGENDA ITEM AND INCLUDED IN THE PACKET MATERIALS       Councilmember Bohen and Vice Mayor Barrett requested this agenda item on 1/5/2022. 1/19/22 Minutes, Town Council Regular and Study Session 4   Councilmember Bohen and Vice Mayor Barrett requested this agenda item on 1/5/2022. Councilmember Bohen clarified his request for this agenda item and stated that his intent for attaching Council Reports to agenda items was for long-term record keeping. Vice Mayor Barrett provided clarification for why she seconded the item at the last meeting but explained that upon further thought, she no longer thought it was necessary for this request to be included as a policy. Discussion ensued amongst Council and staff regarding item #3. No action was taken on this item.   FUTURE AGENDA ITEMS    No Future Agenda items were requested.   ADJOURNMENT OF THE REGULAR SESSION    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to adjourn the meeting at 7:43 p.m.  Vote: 7 - 0 Carried    Mayor Winfield recessed the meeting 7:44 p.m. Mayor Winfield reconvened the meeting at 7:57 p.m.   STUDY SESSION   CALL TO ORDER    Mayor Winfield called the Study Session to order at 7:58 p.m.   STUDY SESSION AGENDA   1.DISCUSSION OF FOUR SEPARATE ITEMS REGARDING PROPOSED CHANGES TO THE ORO VALLEY MARKETPLACE, LOCATED AT THE SOUTHWEST CORNER OF TANGERINE AND ORACLE ROADS. THE ITEMS INCLUDE: ITEM A: ENVIRONMENTALLY SENSITIVE LANDS (ESL) ZONING MAP AMENDMENT ITEM B: REQUEST USE OF THE ESL MIXED-USE FLEXIBLE DESIGN OPTION ITEM C: PLANNED AREA DEVELOPMENT (PAD) AMENDMENT ITEM D: REVISED MASTER DEVELOPMENT PLAN, LANDSCAPE PLAN AND RECREATION AREA PLAN       Principal Planner Michael Spaeth presented the Study Session item and included the following: 1/19/22 Minutes, Town Council Regular and Study Session 5   Principal Planner Michael Spaeth presented the Study Session item and included the following: Purpose Proposed applications Brief history of Oro Valley Marketplace Need for Revitalization Item A - ESL Zoning Map Amendment Item B - Request use of ESL Mixed-use Flexible Design Option Item C - Rancho Vistoso PAD Amendment - Policies for Neighborhood 4 ONLY - Oro Valley Marketplace Item C - Building heights are USE and LOCATION specific Height and Design Requirements Item C - Rancho Vistoso PAD Amendment - Noise Item C - Rancho Vistoso PAD Amendment - Recreation amenity integration Item D - Revised Master Development Plan/CSP - Proposed site changess - 5 Development Areas Development Area A - Tangerine Apartments Development Area B - Tangerine Hotel Development Area C - Entertainment District Development Area D - Oracle Apartment and Drive Thru Development Area E - Oracle Hotel Item D - Revised Master Development Plan/CSP - Traffic Future applications General Plan, Strategic Leadership Plan and Zoning Conformance Neighborhood Meetings Planning and Zoning Commission Summary and Timeline Keri Silvyn of Lazarus and Silvyn, and Jim Horvath with Town West, continued the presentation and included the following: Town West Realty The Town's Vision: Aligned with Ownership Prime Location Challenges Reimagining Opportunities Conditions and Heights Oasis Park Oro Valley Village Oasis Park Inspiration Board Oro Valley Village Oasis Park Pedestrian Connectivity Luxury Apartments - Examples Luxury Apartments - Courtyard Views Luxury Apartments - Tangerine Rd. Luxury Apartments - Oracle Rd. Tangerine Hotel Economic Impact Neighborhood Outreach Mayor Winfield suggested that questions from Council be given in alphabetical order, on a five-minute rotation per Council member, and would address one subject per rotation. Additional rotations would be provided as needed per subject. Discussion ensued amongst Council, staff, Ms. Silvyn and Mr. Horvath regarding the proposed Oro Valley Marketplace. 1/19/22 Minutes, Town Council Regular and Study Session 6  Town Manager Mary Jacobs summarized the questions received from Council regarding the proposed changes to the Oro Valley Marketplace. Ms. Jacobs stated that staff would work with Ms. Silvyn and Mr. Lazarus to compile a single report that would address all questions and that the compiled report would be provided to Council in advance of the scheduled public hearing to be held at the February 16, 2022, Town Council meeting.    Councilmember Jones-Ivey left the meeting at 10:33 p.m.   ADJOURNMENT OF THE STUDY SESSION    Mayor Winfield adjourned the meeting at 11:24 p.m.     _______________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular and study session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 19th day of January 2022. I further certify that the meeting was duly called and held and that a quorum was present. _________________________________ Michael Standish, CMC Town Clerk 1/19/22 Minutes, Town Council Regular and Study Session 7     Town Council Regular Session B. Meeting Date:02/02/2022   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Resolution No. (R)22-06, authorizing and approving the addendum to the El Conquistador and Golf Courses Purchase and Sales Agreement RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: On April 23, 2015, the Town Council entered into a Purchase and Sales Agreement for the El Conquistador Country Club and Golf Courses with HSL El Conquistador Golf, LLC (HSL).  The agreement contains provisions allowing HSL to lease from the Town the 9-hole Resort (Pusch) Golf Course and/or the La Canada Golf Course in the event the Town decided not to maintain them as golf courses.  A similar provision is included for the tennis courts. In January 2021, HSL opted not to exercise its right to operate/lease the Pusch Golf Course after the Town declared it a discontinued course, effectively extinguishing their option in the Agreement.  During the Town Council's discussion regarding the installation of new irrigation for the La Canada and El Conquistador courses, Council expressed interest in inquiring of HSL their willingness to relinquish the same option on the La Canada course.   The Town prepared proposed language to amend the Agreement, which was subsequently approved by HSL.  Approval of this resolution would extinguish HSL's right to lease/operate the La Canada course should the Town wish to discontinue golf in the future.  All other provisions of the Agreement will remain in full force and effect. BACKGROUND OR DETAILED INFORMATION: The Purchase and Sales Agreement with HSL El Conquistador Golf LLC (HSL) for the El Conquistador Country Club and Golf Courses contains provisions allowing HSL to lease from the Town the 9-hole Resort (Pusch) Golf Course, the La Canada Golf Course, and the tennis courts in the event the Town decided not to operate these facilities in the future.  In 2021, HSL opted not to exercise its right to operate/lease the Pusch Golf Course after the Town declared it a discontinued course, effectively extinguishing their option in the Agreement.  Approval of this resolution would extinguish HSL's right to lease/operate the Canada course should the Town wish to discontinue golf in the future.  All other provisions of the Agreement will remain in full force and effect. The Amendment modifies five different areas of Article II of the Golf Management Agreement and Use and Easement Agreement, an attachment to the Purchase and Sales Agreement, as specified on the attached.   FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to Approve Resolution No. (R)22-06, authorizing and approving the addendum to the El Conquistador I MOVE to Approve Resolution No. (R)22-06, authorizing and approving the addendum to the El Conquistador Country Club and Golf Courses Purchase and Sale Agreement. Attachments (R)22-06 Addendum to El Conquistador PSA  Addendum  RESOLUTION NO. (R)22-06 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE ADDENDUM TO THE EL CONQUISTADOR COUNTRY CLUB AND GOLF COURSES PURCHASE AND SALE AGREEMENT BETWEEN HSL EL CONQUISTADOR GOLF, LLC (HSL) AND THE TOWN OF ORO VALLEY, ATTACHED HERETO AS EXHIBIT “A” WHEREAS, HSL and the Town are parties to the Purchase and Sale Agreement for the El Conquistador Country Club and Golf Courses (the “Agreement”) dated April 23, 2015; and WHEREAS, the Agreement contained provisions allowing for HSL to lease from the Town the 9-hole Resort Golf Course and/or the La Canada Golf Course in the event the Town decided not to maintain them as golf courses; and WHEREAS, HSL previously agreed not to lease the 9-hole Resort Golf Course in a letter to the Town dated January 30, 2021; and WHEREAS, both the Town and HSL desire to modify the agreement to remove the provisions that would allow HSL to lease from the Town the La Canada Golf Course in the event the Town decided not to maintain it as a golf course. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1.The Addendum to the El Conquistador Country Club and Golf Courses Purchase and Sale Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby approved and adopted. SECTION 2.The Mayor and any other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Addendum to the El Conquistador Country Club and Golf Courses Purchase and Sale Agreement. SECTION 3.The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 4.All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5.If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Addendum to the El Conquistador Country Club and Golf Courses Purchase and Sale Agreement attached hereto as Exhibit “A” 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 2 nd day of February, 2022. TOWN OF ORO VALLEY, ARIZONA Joseph C. Winfield, Mayor ATTEST:APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: Exhibit “A” ADDENDUM TO EL CONQUISTADOR AND GOLF COURSES PURCHASE AND SALE AGREEMENT This Addendum is entered into this __ day of ________, 2021 by and between HSL El Conquistador Golf, LLC (“HSL”) and the Town of Oro Valley (the “Town”). RECITALS WHEREAS,HSL and the Town are parties to the Purchase and Sale Agreement for the El Conquistador Country Club and Golf Courses (the “Agreement”) dated April 23, 2015; and WHEREAS,the Agreement contained provisions allowing for HSL to lease from the Town the 9-hole Resort Golf Course and/or the La Canada Golf Course in the event the Town decided not to maintain them as golf courses; and WHEREAS,HSL previously agreed not to lease the 9-hole Resort Golf Course in a letter to the Town dated January 30, 2021; and WHEREAS,both the Town and HSL desire to modify the agreement to remove the provisions that would allow HSL to lease from the Town the La Canada Golf Course in the event the Town decided not to maintain it as a golf course. NOW, THEREFORE, the parties agree as follows: 1. The following portions of the Agreement are modified as shown on the Exhibit A to this Addendum: a. Article II Purchase Price, Golf Management Agreement and Use and Easement Agreement, Section 2.4 Use and Easement Agreement b. Schedule 2.4 Use and Easement Agreement, Covenants and Agreements, Section 1. Use of Country Club Facilities, Subsection b. Default by Third Party Owner c. Schedule 2.4 Use and Easement Agreement, Covenants and Agreements, Section 4. Troon Management Agreement d. Schedule 2.4 Use and Easement Agreement, Covenants and Agreements, Section 5. Use Restrictions and Lease Option, Subsection 5.2 Lease Option for Discontinued Golf or Tennis Facility. e. Schedule 2.4 Use and Easement Agreement, Covenants and Agreements Section 5. Use Restrictions and Lease Option, Subsection 5.3 2. The remaining portions of the Agreement shall remain in full force and effect. 3. If any section, subsection, sentence, clause, phrase, or portion of this Addendum 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. IN WITNESS WHEREOF, this Addendum has been executed by the parties hereto as of the Effective Date. Town of Oro Valley HSL El Conquistador, LLC A Municipal Corporation an Arizona limited liability company By ___________________By ___________________ Its ___________________Its ___________________ ATTEST: By ___________________ Town Clerk APPROVED AS TO FORM: _______________________ Town Attorney EXHIBIT A Deleted Text Shown with strikethrough. Added text show with bold and underline. Article II Purchase Price, Golf Management Agreement and Use and Easement Agreement, Section 2.4 Use and Easement Agreement Section 2.4 Use and Easement Agreement. At Closing of the transaction described herein and in consideration of the discounted Purchase Price being paid by Purchaser, the Parties hereto agree to enter into and record against the title to the Property a Use and Easement Agreement in the form attached hereto as Schedule 2.4 (the "Use and Easement Agreement"), which is appurtenant to and runs with title to the Property and provides, among other things, that (i) the owner of the Property, including Purchaser, shall not terminate the Management Agreement unless, as the agreement pertains to management of the Golf Courses, Troon is replaced with a professional national or regional golf management company with prior experience managing both municipal and resort golf courses (the "Resort Owner"), (ii) the Resort Owner and its hotel management agent shall be permitted to book reservations for the La Canada Course and at all Tennis Facilities for its hotel guests pursuant to a Reservation Partnership Agreement to be entered into between Resort Owner and the Town which allows the Resort Owner to reserve golf and tennis slots for Resort guests on a priority basis (provided the booking is made at least two weeks in advance), (iii) the Resort Course and the La Canada Course shall be deed restricted so that such courses are used only as golf courses, open space, or recreational amenities, (iv) the Tennis Facilities for. at least 28 tennis courts shall be deed restricted and may be used and operated only as tennis courts and related uses; (v) if the Town ceases to use and operate the La Canada Course or the Tennis Facilities, then the Resort Owner shall have the right to lease such facilities from the Town for a 50 year term; and (vi) the Resort and its hotel guests and invitees shall have a non-exclusive easement to access and the right to use and reserve the Golf Courses and Tennis Facilities and to use the Country Club as described in subparagraph 2.4 (ii) above. Schedule 2.4 Use and Easement Agreement, Covenants and Agreements, Section 1. Use of Country Club Facilities, Subsection b. Default by Third Party Owner b. Default by Third Party Owner. Notwithstanding any language herein to the contrary, if any future Third Party owner of the La Canada Course and/or the Tennis Facilities fails to abide by the use and other restrictions contained herein, and such default is not cured within l 0 days of notice from the Resort Owner, then in addition to other remedies of the Resort Owner described herein or otherwise available at law or equity, the La Canada Course and/or Tennis Facilities shall be considered Discontinued Facilities which may be leased by the Resort Owner at its election pursuant to Section 5.2 below. Schedule 2.4 Use and Easement Agreement, Covenants and Agreements, Section 4. Troon Management Agreement 4. Troon Management Agreement. Concurrently with the recording of this Agreement, HSL Golf has assigned its rights under the Troon Management Agreement to the Town and the Town has assumed all obligations of HSL Golf as the "Owner" under the Troon Management Agreement. The Town agrees to indemnify and hold HSL Golf and the Resort Owner harmless from any claim, debt, or liability arising out of the Town's failure to comply with the terms of the Troon Management Agreement. The Town (and any successor owner of the County ClubProperty) shall not terminate the Troon Management Agreement unless, as the agreement pertains to management of the Golf Courses, Troon is replaced with a professional national or regional golf management company with prior experience managing both municipal and resort golf courses (a "Qualified Replacement Manager"). Additionally, (i) the Resort Owner shall be notified at least 30 days prior to the termination of the Troon Management Agreement (and any replacement management agreement entered into with a Qualified Replacement Manager), and (ii) a representative of the Resort Owner shall be invited and allowed by the Town to participate as a member of any procurement or similar committee tasked with the selection of a Qualified Replacement Manager. If the Town at any time fails or refuses to use Troon or a Qualified Replacement Manager to manage the La Canada Course, then the La Canada Course shall be considered a Discontinued Facility (as defined below) and the Resort Owner shall have the option to lease the La Canada Course and enter into a Discontinued Facility Lease (as defined below) for such course with the Town pursuant io Section 5.2 below. Similarly, iIf the Town at any time fails or refuses to reasonably and competently manage or have a Qualified Replacement Manager manage the Required Tennis Facilities (as defined in Section 5.1), then the Required Tennis Facilities shall be considered a Discontinued Facility and the Resort Owner shall have the option to lease the Required Tennis Facilities and enter into a Discontinued Facility Lease for the Required Tennis Facilities with the Town pursuant to Section 5.2 below. Schedule 2.4 Use and Easement Agreement, Covenants and Agreements, Section 5. Use Restrictions and Lease Option, Subsection 5.2 Lease Option for Discontinued Golf or Tennis Facility. 5.2 Lease Option for Discontinued Golf or Tennis Facility. In the event the La Canada Course ceases to be maintained or operated by the Town or any Third Party on a full time basis as a golf course the same shall be deemed a "Discontinued Golf Facility;" provided however, that the course shall not be deemed a Discontinued Golf Facility solely because of the temporary closure of all or portions of the course for over seeding, construction, maintenance and repair. In the event any of the Required Tennis Facilities (or any portion thereof) cease to be maintained or operated by the Town or any Third Party on a full time basis as tennis courts or related tennis uses, the same shall be deemed a "Discontinued Tennis Facility;" provided, however, that the tennis courts shall not be considered a Discontinued Tennis Facility solely because of the temporary closure of some or all of the courts for routine repair and maintenance. From and after the date that the La Canada Course or portion thereof becomes a Discontinued Golf Facility or any Required Tennis Facility or portion thereof becomes a Discontinued Tennis Facility, then and for a period of one (1) year after any required use is discontinued, the Resort Owner shall have the irrevocable option to lease the Discontinued Golf Facility or Discontinued Tennis Facility (a "Discontinued Facility Lease") pursuant to the following terms and conditions: a. The ResortOwner shall give the Town at least 30 days prior written notice of its intention to lease a Discontinued Golf Facility and/or Discontinued Tennis Facility (sometimes referred to as a "Discontinued Facility"); b. The term of the lease for a Discontinued Facility shall be fifty (50) years, and the Resort Owner shall have the right to record a memorandum of the lease. For a Discontinued Golf Facility, rent shall be due and payable in annual installments of $10,000 plus an additional annual amount equal to the documented actual cost of capital improvements made by the Town to the Discontinued Golf Facility amortized over the 50 year lease term. For a Discontinued Tennis Facility, rent shall be due and payable in annual installments of $15,000 (for the entire Tennis Facility and a prorated rate if less than all of the Tennis Facility is leased). c. If the Town has encumbered the Discontinued Facility or allowed the Discontinued Facility to be encumbered during its period of ownership with a monetary lien, then the Town shall either cause the monetary lien to be released from title or shall timely pay, remain responsible for, and indemnify the Resort Owner form all amounts due under such monetary lien during the term of the Lease. Moreover, the Town at its sole cost, expense and liability shall terminate all golf course memberships pertaining to the Golf Course Facility and indemnify the Resort Owner from any liability or claims pertaining to such golf course memberships. d. A Discontinued Facility Lease for the La Canada Course shall include the use and lease of the pro shop, cart barn, driving range and other facilities related to the use or operation of the La Canada Course plus all golf carts, tools and equipment, and other personal property related to the operation or maintenance of the La Canada Course. During the term of a Discontinued Facility Lease, Resort Owner shall be solely responsible for all costs and expenses of maintaining and operating the Discontinued Facility, including utility costs, and Town shall be responsible only for real property taxes, if applicable. The Town shall be named as an additional insured on any general or public liability insurance for the Discontinued Facility carried by the Resort Owner, with minimum coverage limits of $1,000,000 per person and $2,000,000 per occurrence. e. A Discontinued Facility Lease may not be terminated by the Town except for good cause, which shall consist of (i) failure to pay rent or other amounts due within 30 days after written notice of a default, and (ii) any other event of default hereunder which is not cured within 60 days, or such longer period as may be reasonably required provided the Resort Owner commences reasonable good faith commercial efforts to cure the default within 30 days of notice and diligently pursues a cure of the default. f. The Town and Resort Owner may enter into a Discontinued Facility Lease for a Discontinued Facility that replaces and supersedes the terms described in this Section 5.2. However, in the event the Town and Resort Owner are unable to agree upon the terms of a Discontinued Facility Lease then upon election of the Resort Owner a Discontinued Facility Lease shall be deemed to exist pursuant to the terms of this Section 5.2 (modified only to the minimum degree necessary to comply with Arizona law), and the Resort Owner may record a Memorandum of Lease. Schedule 2.4 Use and Easement Agreement, Covenants and Agreements Section 5. Use Restrictions and Lease Option, Subsection 5.3 5.3 In the event either the Resort Course and/or the La Canada Course at any time becomes a Discontinued Facility and is utilized by the Town as open space or a recreational amenity instead of as a Golf Course Facility, then provided the Resort Owner does not elect to enter into a Discounted Facility Lease for all or any portion of such Discontinued Facility, the Town shall comply with all laws, rules and regulations with respect to such open space and/or recreational amenity, and shall maintain, repair, and landscape such open space and/or recreational amenity in a manner that controls dust, removes litter and debris, and landscapes and maintains the open space or recreational amenity in a manner compatible with the operation of the Resort as a first class resort property.