Loading...
HomeMy WebLinkAboutResolution 2002-100 IGA with MUSD for expansion of the community parkMARANA RESOLUTION NO. 2002-100 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR EXPANSION OF THE COMMUNITY PARK (COMMONLY KNOWN AS THE ORA MAE HARN DISTRICT PARK) AT LON ADAMS AND BARNETT ROADS. WHEREAS, pursuant to A.R.S. § 11-952, the Town of Marana is empowered to enter into intergovernmental agreements for the joint exercise of government powers; and WHEREAS, the Town and the Marana Unified School District No. 6 desire to engage in a mutually beneficial venture for the expansion of the community park (commonly known as the Ora Mae Ham District Park) at Lon Adams and Barnett Roads, and an Intergovernmental Agreement for that purpose is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Mayor and Council of the Town of Marana have determined that approval of said Intergovernmental Agreement would greatly benefit the residents of the Town of Marana and would be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana that the Intergovernmental Agreement attached hereto as Exhibit "A" is hereby approved, and the Mayor is authorized and directed to execute the Agreement, and the Town's officers and staffare authorized to carry out its purposes. BE IT FURTHER RESOLVED that this resolution supercedes Resolution No. 2002-49, dated May 7, 2002, which was intended to authorize the Town to enter into the Intergovernmental Agreement. This resolution will be in .full force and effect upon the execution of the Intergovernmental Agreement by all parties. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of September, 2002. ATTEST: Town Clerk U ~ Daniel J. Hoe~li, As Town Attorney and not personally Page 1 of 1 Marana, Arizona Resolution No. 2002-100 F. ANN RODRIGUEZ, RECORDER RECORDED BY: RE~ DE... _ ...'Y RECORDER 3591 PE3 DOCKET: 11932 - PAG 570 NO. ~E PAGES: 9 SEQUENCE: 20022260269 11/22/2002 AG 11:16 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 MAIL AMOUNT PAID $ 10.00 /~- ~-../~~ " , .. 1 MARANA ~/, " INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND MARAN A UNIFIED SCHOOL DISTRICT NO.6 FOR =: ..t:. THE EXPANSION OF THE COMMUNITY PARK ;;.::j 5 AT LON ADAMS AND BARNETT ROADS /-, 1./ Intergovernmental Agreement between Town of Marana and Marana Unified School District No.6 for the Expansion of the Community Park at Lon Adams and Barnett Roads J~ This Intergovernmental Agreement is entered into this 2- day 0 2002, by and between Town of Marana, a body politic and corporate of the State of Ariz na ("Town") and the Marana Unified School District No.6, an Arizona unified school district ("District"). Recitals A Town and District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. 9 11-951, et seq. B. The District is authorized by AR.S. 9 15-342(13) to enter into intergovernmental agreements and contracts with other governing bodies as provided in AR.S. 9 11-952. C. The District has approximately one and one-quarter acres of property on the Marana Junior High School campus that is currently unused and undeveloped. The District has no current plans for the use or development of this property and declares it to be surplus. D. The District further has a portable building located on the Marana Junior High School campus which is no longer being used by the District. 1 E. The Town wishes to expand the existing park adjacent to the Marana Junior High School campus at the northeast corner of Lon Adams and Barnett Roads ("Park"). i F. The Town has use for the portable building which is currently located on the Marana Junior High School campus. :2 u G. The Park was conveyed by the District to the Town by deed pursuant to an Intergovernmental Agreement among the District, Town and Pima County, dated April 2, 1991. ..... ..... , , ". 1 Agreement 1 . Recitals. The foregoing Recitals are hereby incorporated in this Agreement as though fully set forth. 2. Lease. The District agrees to lease to the Town the two acre parcel shown on Exhibit A attached hereto (the "Leased Premises") for the sum of Ten Dollars ($10.00) per year and other good and sufficient consideration recited herein. The Town agrees to continuously operate and maintain the Leased Premises as part of the Park during the term of this Agreement. 1 3. Portable Building. The District also includes in the lease to the Town that certain portable building located at Ora May Harn District Park (behind the Community Center) (the "Portable Building"). 4. Improvements. The Town agrees to incorporate the Leased Premises into the Park and make such improvements as are necessary to integrate the Leased Premises into the existing Park. The Town agrees to provide public liability and property insurance for its improvements on the Leased Premises and for the activities of the Town and its invitees in utilizing the Leased Premises. 5. Funding of Improvements. The Town shall pay any and all costs of any improvements. District shall not be responsible for any costs associated with the design or construction of any improvements. 6. Building Maintenance. The Town further agrees to make certain repairs to the Portable Building and to keep the Portable Building in good and orderly condition. If at any time the Town shall cease to utilize the Portable Building for a continuous period of six months or more, the agreement as to the Portable Building shall terminate, and the District shall be entitled to retake possession of it, or otherwise dispose of the Portable Building. 7. Utilities. The Town shall be responsible for payment of all utilities. 8. Insurance. The Town shall provide proof of worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance covering the acts and omissions of the Town and its invitees, and shall name the District as an additional insured. 9. Maintenance. Leased Premises. The Town shall maintain and repair all improvements on the .: 1 1 -..... -:.:i 10. Term and Termination of Intergovernmental Agreement. a. Effective Date. This Intergovernmental Agreement shall be effective following execution and approval by the governing bodies of the parties on the date it is recorded with the Pima County Recorder. b. Term. To the extent permitted by law, this Intergovernmental Agreement shall remain in effect for twenty-five (25) years following the date of recording of this Agreement, unless terminated earlier according to the terms of this Agreement. The Town may extend the term for an additional twenty-five (25) years by giving the District written notice of such renewal during the last year of the initial term. 2 c. Termination. (i) For Cause. A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. (ii) A.R.S. ~ 38-511. This Intergovernmental Agreement is subject to the provisions of A.R.S. 938-511. (iii) By District. The District may terminate this Agreement if the District determines, in its sole and absolute discretion, that the District needs the Leased Premises for any District activity or operation. The District shall give the Town one year advance written notice of its intention to terminate this Agreement. 11. Legal authority. Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. _ .. 1. 12. Ownership of property upon termination. Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement. Any usable personal property, real property and fixtures thereto acquired for purposes of this Agreement shall be the property of District at termination of this Agreement. ,...., ":;I .-' ... :2 13. Indemnification. ::: ? --' ... a. Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees, or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. 3 b. Notice. Each party shall notify the other in writing within thirty (30) days of the receipt of any claim, demands, suits or judgments against the receiving party for which the party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits or judgments under this Article. c. Negligence of indemnified party. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. d. Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Agreement. 14. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: To Marana Unified School District NO.6: To Town: District Superintendent Marana Unified School District NO.6 11279 West Grier Road Marana, AZ 85653 Director Town of Marana Parks and Recreation 13291 N. Lon Adams Marana, AZ 85653 15. Construction of Agreement. 1 a. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. '" "-" c. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties' as expressed in the recitals hereof. d. Captions and Headings. Captions and headings are for index purposes only and shall not be used in construing this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be 4 given effect without the invalid or void provision or application, and to this extent, the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 16. Legal Jurisdiction. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of Town or District. 17. No Joint Venture. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the District and any Town employees, or between the Town and any District empioyees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold social security and income taxes for itself or any of its employees. 18. No Third Party Beneficiaries. This Agreement is not intended to and shall not create any right in any person or entity as a third party beneficiary. 19. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Intergovernmental Agreement. a. Anti-Discrimination. The provisions of A. R.S. S 41-1463 and Executive Order Number 994 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. b. Americans with Disabilities Act. This Intergovernmental Agreement is subject to all applicable provisions of the Americans with Disabilities Act. (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. ....., ..- ? ~ 20. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained. 21. Force Maieure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, 5 sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 22. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MARANA UNIFIED SCHOOL DISTRICT NO.6 ;'1 1 1J#1J; 1/1 By I. t . / "t ,litu .4/> Its /k';;'/~i1/ Super I r1,kI1t;4 tlf- TOWN OF MARANA BY~ Mayor u ~(ii'HH" ~ OFA1 z ~. ~~"\''''''11A ~ s~-* ~ ~ ::: {2i cORPORATE: ~ ~ == OQC)~- :; iSEALS = ~ ~ ~:::!!! ~~ ~:.-. ~.. ..."'. ~1111.III't.~\~ $i ~#;..,.ol.,. {~~,:~ ..... .; 6 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the Town of Marana and Marana Unified School District NO.6 has been reviewed pursuant to A.R.S. ~ 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Town of Marana: ~ Marana Unified School District No.6: tik7V~ Attorney for the District I :\filesldocsIMARA01 18804231AGREElAF1253. WPD i q - = .... .....,. L ? 7 wm ~ .~ ~i ~ ~ s ~ L !!l!ilnl 2 o J ~ ~ 5~ [i~ , \ \ :\ ~ -~.--4_, '~'''''' '" 8 ~ u. -'" \ \ ~ . S u z ii- ~ ~ 9 ~ ~ ~ 5 ~ ~ ~ ~ o 5 ~i!; ~~ Q aVOH swvav NO. t ~~ H ;~ ~~~ I ~ i ~i~i \ . ~ " :rl ;j UJ I- Cii :lIl:: a:: <( D. <( Z <( a:: <( :E ~ is ~ 9 ~ ~ t~ ~ ~ Q <5 .. ~ 3 ~ :.~ a ~ [ ~ i! ~ i ; ~ :>"..."' (I) ~ : ; ~ :\ ~ ~ f: ~ ~ ~ :\ " ~ ~ ... s ~ ... ::::Ji J 3 =")= "'- Q <( o 0: l- I- W Z 0: <( III .. ~ (1 =- : " " ~ o u ~ o ~ ~ ~ l&a