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Resolution 2009-071 license agreement with Kai Properties for MPD canine handler training
MARANA RESOLUTION N0.2009-71 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH KAI PROPERTIES RELATING TO THE USE OF KAI PROPERTIES PROPERTY FOR THE PURPOSE OF MARANA POLICE DEPARTMENT CANINE HANDLER TRAINING; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana and Kai Properties desire to enter into a License Agreement that will allow the Marana Police Department to use certain described Kai Properties property for canine handler training on anon-exclusive basis; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the License Agreement between the Town of Marana and Kai Properties, attached to and incorporated by this reference in this resolution as Exhibit A, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Ma- rana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the License Agreement. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of May, 2009. ~®`t~OFt1Y®,~~~, ~~`~~~~~~umMy ,~i- a. t} ~,~ Mayor d Honea ~'°'s 6UR~oURA'Tf ATTEST: i ~ "~E~' ~' ~ APPROVED AS TO FORM: -f+rl~ Jocelyn C. Bronson, Town Clerk LlC~ENSE AGREEMENT LICENSUR: Kai Properties [insert address] , LICENSEE: Town of Marana 115x5 W. Civic Center Dr. Marana, AZ 85653 In consideration of Licensee's performance of its obligations under this Agreement, Licensor hereby gives permission to Licensee to use a portion of Licensoes Property located in Section 5, Township 12.0, Range 12.OE, described as follows: That certain real Property owned by the Licensor that is generally situated east of Interstate 10 and south of "tangerine Road shown on Exhbits A, S, C and D attached to and incorporated by this reference in this Agreement and tegaliy described as follows: 1} Book-Nlap-Parcel 216-11-0020: E437.5' S360.17' & N964.97` E247.(17' Sfy4 Sf~4 9.08 AC SEC 5-12-12 2) Book-Map-Forest 216-11-0014: E2 SW4 LYG E OF SP RR &SE4 EXC PCL Il1t SE CQR THEREOF 224.38 AC SEC 5-12-12 Licenses may use the Property and a Quonset but located an the Property beginning on the date this Agreement is entered into for the purpose of canine handler training by the Marano Police Department and other !aw enforcement agencies as coordinated by and #hraugh the Marano Police Department, for as long~as permitted by this Agreement. Lic~:nsor shall have the right to modify or revoke the License at any time, af! on the terms and conditions set forth below, which Licensee promises to comply with and abide by: 1. This Agreement shall be binding upon Licensee, its heirs, assignees and designees, and every reference to Licensee in this Agreement snail include and bind Licensee's heirs, assignees and designees. 2. Licensee covenants that it shall defend, indemnify and hold harmless Licensor, its. officers, agents, and employees from any and all .claims, demands, causes of action, complaints, suits, fosses, damages, injuries, and liabilities whatsoever (including those far costs, expenses, and attorneys' fees) to any person, persons, or Property arising out of either (1) the use of the Licensor's Property by Licensee, or (2} the negligent acts or omissions of Licensee. 3. Licensee agrees to maintain general liability insurance, far the term of this Agreement in minimum amounts of $2,Ofl0,1300.OD per occurrence. This insurance shall be kept in force throughout the life of this Agreement. Licensor shall be added as an additional insured far the coverage and shall be given written notice at least 15 calendar days prior to cancelRation or reduction in coverage. Licensee agrees to deliver to Licensor a Cert~cate of InSUranCe Page 1 of 2 prior to the commencement of any activity under this Agreement and a renewal certificate at least seven (7} days prior to the expiration of the Certificate of Insurance it renews. 4. This Agreement is perpetual, and shall remain in effect unless and until it is (a) terminated by written agreement of the parties or {b} revoked by and at the sole discretion of Licensor. 5. Licensor shall give Licensee written notice of revocation at least 60 calendar days prior to the effective date of the revocation. 8. if Licensee causes any damage to Licensor's Property, Licensee shall promptly make and pay for the repairs necessary to restore the Property to its pre-damaged condition. 7. licensee shat) abide by all existing laws of the State of Arizona, County of Pima and Town of Marana. 8. This Agreement is subject to cancellation for conflict of interest pursuant #o A. R, S. § 38-511. During the term of this Agreement, Licensee agrees to use the Property only for instruction and #raining for the Marana Police Department and other !aw enforcement agencies as coordinated by and through the Marana Police Department, with respect to canine handling. At al! times during the term of this Agreement, Licensee agrees to use the Property in keeping with best safety practices for canine handler training. Under no circumstances may Licensee (a} use or permit the use of the Property for any purpose other than for canine handler instruction and training, (b) cause or permit waste of the Property or {c} adversely affect Licensor's title and rights to the Property, including any water rights or any other rights owned or claimed by Licensor. 10. At the end of each day of its use of the Property, Licensee agrees that it will pick up and properly dispose of al! trash and debris deposited on the Property as a result of Licensor's activities. 11. Licensee agrees to provide a monthly schedule to Licensor detailing Licensee's anticipated use of the Property pursuant to this Agreement. Licensee agrees to provide 24-hour advance notice via telephone to Licensor if there are any changes to the monthly schedule. tN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Licensee's signature date below. KAl PROPERTIES TOVIIN OF MARANA (LICENSOR} (LICENSE y Herbert Kai Da a Ed Hon a, Mayor Date APPRO A ORM: ., ~ ~ ~. ~' ~ o Atta~Jrf1r~ y /J j Page 2 of 2 Office of The Pima County Assessor Sook-Map-Parcet: 216-11.0010 Oblique_Image Tax Year: 2010 Taxpayerlnformation: Property Description: KAI HERBERT E2 SW4 LYG E OF SP RR & SE4 EXC PCL 1N SE COR 2305 W RUTHRAUFF RD 7REREOF 224.38 AC SEC 5-12-12 TUCSON AZ 85705-0000 Valuation Data: {FORMERLY 202.87.0010) 2909 ASMT LEGAL CLASS VALUE RATIO LAND FCV VACANTIAG (2) $220,625 16.0 IMPR FCV VACANTIAG (2) $30,382 16.0 TOTAL FCV VACANTIAG (2) $251,007 16.0 LIMITED VACANTIAG (2} $159,596 16.0 VALUE Property Information: Section: 5 Town: 12.0 Range: 12.0E Map & PEat: / Bfock: Tract: Rule B District: 2 Land Measure: 224.38A Group Code: Census Tract: 4611 Use. Code;_ 4110 {FIEL D CROPS ) Fife Id: 1 Date of Lasi Change: 711 212 00 5 'Commercial Characteristics: SEQ-SECT Contruct. Year Modef DO1,-00 J 1981 456 3 002-00t 1981 101 3 Valuation Area: Condo Market: 14 DOR Market: 43 MFR Neighborhood: Undefined SFR Neighborhood: 20463906 SFR District: 3 :Recording Information Docket Page 6213 301198 Tax Area: 0612 2919 ASSES.S,ED ASMT VALUE LEGAL CLASS VALUE RAT10 $35,300 VACANTIAG (2) $220,625 16.0 $4,863 VACANTIAG (2) $29,547 16.0 $40,161 VACANTIAG (2} $250,172 16.0 $25,535 VACANTIAG (2) $182,240 16.0 ASSESSED. VALUa= $35,300 §4,728 §40 028 $29,158 IPR Sqft. RCN RCNLD Model Description 0000000 1 $38,621 $14,3670UONSET 0000000 1 323,318 $iS,180RETAILSTORE 0.02-OS Date Recorded EXHIBIT A Type Page 1 of 1 http://www.asr.co.pinia.az.us/links/fi-in Parcel.aspx?parcel=216110020&taxyeaa=2010 5/1/2009 Off ce of The Pima County Assessor Book-Ma p-Parcel: 216.11-0020 7axpayerlnformation: TG€ i-40 LAND PARTNERSHIP ATTN: THE WILLIAMSON GROUP 6501 E GREENWAY PKWY STE 103 PM8 253 SCOTTSDALE AZ 85254-2070 Valuation Data: 9t]ligt~@Imagc Tax Year: 2010 Tax Area: 0610 Property Description: E437.5' S360.17' & N964.97' E247.07' SE4 SE4 9.08 AC SEC 5'12-72 2009 2010 ASMT ASSESS.E© ASMT LEGAL CLASS VALUE RATIO VALUE LEGAL CLASS VALUE RATIO LAND FCV VACANTIAG (2} $227,000 16.0 $36,320 VACANT/AG {2) $272,40D 16.0 IMPR FCV $0 $0 TOTAL FCV VACANTIAG {2) $227,000 16.0 $36,320 VACANTIAG (2) $272,400 76.0 LIMITED VACANTIAG (2) $140,173 16.0 $22,428 VACANT/AG (2) $773.230 75.0 VALUE Property Information: Section: 5 Town: 12.0 Range: 12.0E Map 8. Plat: 1 Block: Tract: Rule B District: 2 Land Measure: 9.08A Group Code: 000 Census Tracl: 4611 Use Code: 0002 {VACANT UNDETERMINED URBAN NONSUBDtViO ) Fife Id: i Date Of Lasi Change: 12130J2D08 Valuation Area: Condo Evtarket: 14 DOR Market: 43 MFR Neighborhood: Undefined SFR Neighborhood: 20463906 SFR District: 3 :Recording Information Docket Page 9665 2337993-11-03 8258 22051988.04.05 ;Owner's Estimate: Tax Year Estimate 2008 $200,000.00 bate Recorded EXHIBfT B AS.SE.SSE.D VALUE $43,584 $43,584 $27,717 Type Page i of 1 http://www.asr.co.pima.az.us/links/fint_Parcel.aspx?parcel=216110020&taxyear=2010 5/1/2009. 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