Rincon Heights Neighbors

Memorandum of Understanding

Memorandum of Understanding

This Memorandum of Understanding ("MOU") reflects the mutual intention and understanding of the Arizona Board of Regents, a body corporate, for and on behalf of The University of Arizona ("University"), Rincon Heights Neighborhood Association, a non-profit corporation ("RHNA"), and the City of Tucson, a municipal corporation ("City") regarding planning for and expansion of the main campus of the University in the area bounded by Sixth Street, Park Avenue, Broadway and Campbell Avenue in Tucson.

Spirit of Agreement.
This Memorandum is the result of a Joint Planning Process initiated by the University, RHNA and the City in an attempt to resolve longstanding conflicts over issues of land use and university expansion. Each party recognizes that the University, as an instrumentality of the State of Arizona, has a public responsibility and mission to provide education, research and public service for the benefit of the entire State; that the City has a public responsibility to develop and maintain a general plan for land uses and development and to provide public services to its residents; that RHNA exists and has been formed to protect and enhance the neighborhood. Participants in the joint planning process have a direct and important stake in stabilizing and improving the residential character of the neighborhood south of the University. The primary purpose of this Memorandum of Understanding is to promote better relations between the parties, to establish a clear and accepted boundary for University campus development, to recognize the legitimacy of University development within that boundary, and to establish guidelines for mitigating the impact of that development on the adjacent neighborhood. It is the intention of the parties that this Memorandum of Understanding shall be construed reasonably in support of its history and purposes, and shall not be construed narrowly or technically to secure undue advantage for any party.

Effective Date.
This Memorandum of Understanding, and the actions of the parties it contemplates, shall become effective upon formal approval of its terms by the Arizona Board of Regents, the board of directors of RHNA, and the Tucson City Council, with each such party taking the actions described in paragraphs 2 through 4 below. The parties shall work diligently to secure such approval. If such approval is not obtained by all parties on or before April 1, 1996, then neither this Memorandum of Understanding nor any of the actions it contemplates, shall be of any force or effect whatsoever.

Actions of University.
The University shall:

secure approval of this Agreement by the Arizona Board of Regents;

amend its University Planning Area by adopting the boundaries shown on Exhibit MOU-1 attached;

adopt Planning Policies for the South Campus Area Plan as set forth in Exhibit MOU-2, attached;

support and work for approval of modification of the City of Tucson University Area Plan consistent with the University's South Campus Area Plan as set forth in Exhibits MOU-1 and MOU-2, including but not limited to sending authorized representatives to speak for the University in support thereof at meetings of the Tucson City Council; and

mail notices of the revised University Planning Area boundary south of Sixth Street to all licensed real estate brokers in Pima County.

Actions of RHNA.
RHNA shall:

secure the endorsement and formal approval by its board of directors of this Memorandum of Understanding and the University's South Campus Area Plan as set forth in Exhibits MOU-1 and MOU-2;

formally modify the Rincon Heights neighborhood boundaries to exclude any areas within the boundaries of the South Campus Area Plan as defined in Exhibit MOU-1;

support and work for approval of modification of the City of Tucson University Area Plan consistent with the University's South Campus Area Plan as set forth in Exhibits MOU-1 and MOU-2, including but not limited to sending authorized representatives to speak for RHNA in support thereof at meetings of the Arizona Board of Regents and the Tucson City Council. Notwithstanding the modification of neighborhood boundaries, it is understood that property owners and residents within the revised University planning boundaries south of Sixth Street shall continue to be eligible for membership in RHNA, and that RHNA may continue to advocate the interests of such persons with respect to issues of University compliance with this Memorandum of Understanding and the Planning Policies it contemplates.

Actions of City.
The City shall:

secure approval of this Memorandum of Understanding by the City Council;

make such modifications of the City of Tucson University Area Plan as are necessary and appropriate to reflect the boundary and land use changes in the University's South Campus Area Plan as set forth in Exhibits MOU-1 and MOU-2; and

cause its Citizens and Neighborhood Services Office to recognize the changes in University Planning Area and Neighborhood boundaries contemplated by this Memorandum of Understanding. Such actions by the City shall not be construed to deprive property owners of their rights with respect to improvement of their properties or requests for rezoning.

Land Use and Development Guidelines.
RHNA will not object to any University property acquisition or development project that meets the land use and development guidelines set forth in Exhibit MOU-2. RHNA reserves the right to object to property acquisitions and development projects that are not consistent with these land use and development guidelines. This Memorandum does not imply consent by RHNA to any actions of Tucson Unified School District concerning the Mansfeld Middle School expansion project, including but not limited to any proposed expansion south of the existing TUSD facility (Mansfeld Middle School) down to Eighth Street.

Seventh Street Right-of-Way.
The parties shall cooperate to reduce the width of the Seventh Street right-of-way between Park Avenue and Santa Rita Avenue, and between Cherry Avenue and Martin Avenue, to provide for a paved area, measured from the existing south curbline, of 24 feet, in order to discourage through traffic, if recommended by the City Engineer and included as a recommendation of the University Area Circulation Study. The reduction shall occur when the full frontage of a two-block segment is acquired by the University. Sidewalks and other buffering, as indicated in Exhibit MOU-2, may be installed within the portion of the right-of-way north of the new curbline. The City shall prohibit parking on the north side of those segments of Seventh Street.

Future Actions.
The parties shall attempt in good faith to reach mutual agreement for the following future actions:

A mutually acceptable grant application to the U.S. Department of Housing and Urban Development to support plan implementation including the following elements -- commercial redevelopment, neighborhood stabilization and revitalization and crime reduction. The parties shall seek the participation of Pie Allen Neighborhood Association, Sixth Street Merchants Association, and Tucson Unified School District in such grant process.

The parties shall work together to promote, with the participation of the Sixth Street Merchants Association, and other affected organizations, in, a commercial redevelopment project in the vicinity of Sixth Street, with preference for a site or sites fronting on Sixth Street. It is understood that such a project is dependent, among other things, on financial feasibility.

The City and RHNA shall develop and implement programs for the stabilization and improvement of the portion of the subject area outside the amended University Planning Area boundaries as a residential neighborhood.

The parties recognize that these future actions are contingent upon future negotiations, and upon the actions of other parties; failure to reach agreement, to obtain a grant, or to consummate a project shall not invalidate this Memorandum of Understanding.

Scope of Understanding.
Each party agrees that it shall support actions of each other party that are consistent with this Memorandum of Understanding, and upon request of another party shall state such support in writing.

Joinder in and ratification of this Memorandum of Understanding shall not imply concurrence of a party in any matter not covered by this Memorandum of Understanding.

If a party believes that another party has violated this Memorandum of Understanding, it shall contact the designated representative of the other party to discuss the issue. The parties shall attempt in good faith to resolve the question and, if no agreement is reached, shall participate in mediation by a mutually agreeable third party.

In the event of a material violation of this Memorandum of Understanding, the non-violating parties shall be relieved of their obligations hereunder. Violation of this Memorandum of Understanding shall not give any person or entity, whether or not a party to this Memorandum of Understanding, a right to damages, injunctions, or other judicial remedies.

References in supporting documents to land uses north of Sixth Street are included for contextual purposes only and are not elements of the South Campus Area Plan and are not subject to the terms of this Memorandum of Understanding.

Modifications.
At any time while this Memorandum is in effect, any party may request modifications. Any modification must be ratified by all parties, and all provisions not explicitly modified will remain in effect.

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Memorandum of Understanding