HomeMy WebLinkAboutResolution 2010-030 license agreement with pacheco farm managementMARANA RESOLUTION N0.2010-30
RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING A LICENSE
AGREEMENT WITH PACHECO FARM MANAGEMENT FOR THE CONTINUED USE OF
FIELDS WHICH HAVE BEEN PARTIALLY DEDICATED TO THE TOWN OF MARANA
AS RIGHTS-OF-WAY WITHIN THE FUTURE DEVELOPMENT AREA SURROUNDING
GLADDEN FARMS II
WHEREAS certain rights-of--way have been dedicated to the Town of Marana by private
property owners within and near the area known as Gladden Farms II Blocks 26-43; and
WHEREAS the proposed private development of these areas has been put on hold
without any known date of commencement; and
WHEREAS much of this area has been used for agricultural purposes by Pacheco Farm
Management for many years; and
WHEREAS the Town Council finds that it is in the best interests of the Town of Marana
to allow this agricultural use to continue by means of a license agreement between the Town and
Pacheco Farm Management which is authorized by this resolution until such time as private
development makes it necessary to terminate the agricultural uses.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the license agreement between the Town of Marana and
Pacheco Farm Management, attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for
and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby authorized
and directed to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the agreement..
PASSED AND ADOPTED BY THE MAYOR AND CO IL THE TOWN OF
MARANA, ARIZONA, this 16th day of March, 2010. _
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Q~~~~wmn,, ~~j~ Mayor E Honea
ATTEST:
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Town Clerk
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F. ANN RODRIGUEZ, RECORDER DOCKET: 13768
RECORDED BY: LLW PAGE: 1075
, DEPUTY RECORDER
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AG 03/18/2010
1
ATTN: TOWN CLERK
`9ItIZ
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11555 W CIVIC CENTER DR 0 MAIL
MARANA AZ 85653
AMOUNT PAID $ 13.00
LICENSE AGREEMENT
LICENSOR: Town of Marana
11555 W. Civic Center Drive
Marana, AZ 85653
LICENSEE: Pacheco Farm Management & Consulting Co.
P.O. Box 275
Marana, AZ 85743
In consideration of Licensee's payment of a license fee, the receipt of which is acknowledged
by the Licensor, and Licensee's performance of its obligations under this Agreement, Licensor
hereby gives permission to Licensee to use the fields overlapping Licensoe's rights-of-way
located in Section 35 & 36, Township 11 South, Range 11 East; Section 1, Township 12 South,
Range 11 East; and Section 6, Township 12 South, Range 12 East described as follows:
That certain real property owned by the Licensor generally situated as follows: 1.) within
Gladden Farms II i31ks 26-43, as shown in Bk 62 Pg 64, Maps ~ Plats, recorded in the office of
the Pima County Recorder, Pima County, Arizona, shown on Exhibit "A". 2.) along the East $
West side of Crossroads Tr., a temporary access easement, as described in Docket 12837 Page
5250, recorded in the office of the Pima County Recorder, Pima County, Arizona, shown on
Exhibit "B" 3.) along "Tangerine Rd." from Tangerine Farms Rd., South to the Santa Crux
River, as described in Docket 12'!'06 Pg 810, recorded in the office of the Pima County Recorder,
pima County, Arizona, shown on Exhibit "C". The exhibits are attached to and incorporated by
reference in this Agreement.
Licensee may use the property beginning on the date this Agreement is entered into for access
and agricultural purposes only for as long as permitted by this Agreement. Licensor shall have
the right to modify or revoke the License at any time, all on the terms and conditions set forth
below, which Licensee promises to comply with and abide by:
This Agreement shalt be binding upon Licensee, its heirs, assignees and designees, and
every reference to Licensee in this Agreement shall include and bind Licensee's heirs, ~.7
assignees and designees. Id
2. This permission is given to Licensee as an accommodation for agricultural purposes and I
access onlyfor public rights-of-way dedicated to the Town for Gladden Farms N Blk 26-43,
for access across the temporary easement known as Crossroads Tr. and for the portion of
Tangerine Rd. depicted on the as-built plans for Tangerine Farms Rd. Project CIP No.
2004-036.
{00019674.DOC /} Page 1 of 4
License Agreement -Pacheco Farrn Mgmt. -Gladden Farms II-runs. Tangerine Rd & Crossroads Tr.
Section 35 & 36, T 11 S, R 11 E; Section 1, T 12 S, R 11 ~; Section 6, T 12S, R 12 E
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3. 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, losses, damages, injuries, and liabilities whatsoever (including those for costs,
expenses, and attorneys' fees) to any person, persons, or property arising out of either
(1) the maintenance and use of the Licensor's property by Licensee, or (2) the negligent
acts or omissions of Licensee.
4. Licensee shall obtain liability insurance for the term of this Agreement in minimum amounts
of $1,000,000.00 per occurrence, with a minimum $2,000,000.00 aggregate. This insurance
shall be updated annually and shall be kept in force throughout the life of this Agreement.
Licensor may, if it deems necessary, require additional coverage. Licensor shall be added
as an additional insured for the coverage and shall be given written notice at least 30
calendar days prior to cancellation or reduction in coverage. CERTIFICATES OF
INSURANCE FOR COVERAGE AS DESCRIBED IN THIS AGREEMENT SHALL BE FILED
WITH LICENSOR PRIOR TO COMMENCEMENT OF ANY ACTIVITY UNDER THIS
AGREEMENT. LICENSEE SHALL ALSO FILE ALL CERTIFICATES OF INSURANCE
EACH TIME THE POLICY IS UPDATED. Cert~cates of Insurance shall be sent to the
Legal Department on an annual basis commencing on the date of execution of this
Agreement.
5. Licensee may satisfy its insurance requirements under this Agreement by including Licensor
as an additional insured on all insurance policies that cover Licensee's insurance obligations
under this agreement.
6. This Agreement is perpetual, and shall remain in effect as long as a farm lease agreement
remains in place for the adjacent property unless it is (a) terminated by written agreement of
the parties or (b) revoked by and at the sole discretion of Licensor.
7. Licensor shall give Licensee written notice of revocation at least 60 calendar days prior to
the effective date of the revocation. Every effort shall be taken to try and take Licensee's
planting and harvesting schedule into consideration, to avoid possible termination of the
agreement prior to Licensee's scheduled harvests. In the event that notice of revocation is
given while a farm lease agreement is still in effect the effective date of revocation shall be
modified so as to coincide with Licensee's harvesting schedule. Licensee's use of the
property °shall be at his own risk and compensation for loss for interruption of planting and
harvesting cycles shall be limited to that which is included in the farm lease agreement(s).
8. If Licensee causes any damage to Town property, Licensee shall promptly make and pay
for the repairs necessary to restore the property to its pre-damaged condition. At the
discretion of Licensor, if repairs are not initia#ed and completed within a reasonable length ~
of time, but in any event within 14 calendar days after Licensor gives written notice of
damage to Licensee, Licensor may make the repairs and bill Licensee for all costs plus a d°:
25% administrative fee. Licensee agrees to pay the bill within ten calendar days of receipt. ,i;~,
9. Anything installed by Licensee on the property shall be maintained by Licensee. ~~
~~
10. No items deemed to be hazardous to motor vehicles shall be left or installed within the Clear lei
Zone as defined and delineated by the 2002 American Association of State Highway and .~
Transportation Officials (AASHTO) Roadside Design Guide, Chapter 3: Roadside
{00019674.DOC /} Page 2 of 4
License Agreement -Pacheco Farm Mgmt. -Gladden Farms II-Ptns. Tangerine Rd & Crossroads Tr.
Section 35 & 36, T 11 S, R 11 E; Section 1, T 12 S, R 11 E; Section 6, T 12S, R 12 E
Topography and Drainage Features. Monument walls are specifically prohibited from the
Clear Zone.
11. Licensee shall abide by all existing laws of the State of Arizona, County of Pima and Town
of Marana.
12. This Agreement is subject to cancellation far conflict of interest pursuant to A.R.S.§ 38-511.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
Licensor's signature date below.
TOWN OF MARANA
(LICENSOR)
i
8Y: !~,
Ed Hon a Date
Mayor
PACHECO FARM MANAGEMENT
CONSULTING CO, an Arizona general
partnership
(LICENSEE)
BY: ~ /~
Patrick Pacheco Date
ITS: Partner
,:~,
Page 3 of 4
t. -Gladden Farms II-Ptns. Tangerine Rd & Crossroads Tr.
~ection 1, T 12 S, R 11 E; Section 6, T 125, R 12 E
APPROVED AS TO FORM:
VERIFICATION
STATE OF ARIZONA
COUNTY OF PIMA
ss.
The foregoing document was acknowledged before me on this ~r~ day of
,~,~~,~_ 2010 by Patrick Pacheco, a partner and authorized agent far
Pacheco Farm Management & Consulting Co., an Arizona general partnership, on behalf of the
partnership.
Laurie-Ann M. Hughes
Notary Public -Arizona
Pima County
MY Commission Expires
iuiay is, so,s Not Public
My Commission Ex fires:
f /
{0001987a.DOC /} Page 4 of 4
License Agreement -Pacheco Farm Mgmt. -Gladden Farms I(-Ptns. Tangerine Rd & Crossroads Tr.
Section 35 & 36, T 11 S, R 11 E; Section 1, 712 S, R 11 E; Section 6, T 125, R 12 E
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F. ANN RODRIGUEE, RECORDER'
' RSCORDSD HYc ALH
DEPUTY RECORDER
0726 Pg2
SMARA
TOWN OF~MA.$ANA.
ATTN. OWN CLSR ~`
11555 W CIVIC CENTER
MARANA AZ 85653
EXHIBIT ~B'
~~~
CIfgT: 12837
~nGS: 5250
NO. OF PAGES: 8
3EQUBNCB: 20061261131
06j30/2006
F.7k H,...M,.....-.16.12
MAIL
AMOUNT PAID $ 9.50
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TtJV~JN OF MARANA
PUBLIC ROADWAY EASEMENT
TANGERINE FARMS ROAD
IMPROVEMENT, PROJECT 2004-36
WESTCOR MARANA LLC
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PUBLIC ROADWAY EASEMENT
KNOWN ALL MEN BY THESE PRESENTS: Westcor Marana LLC, an Arizona
limited liability company, GRANTOR, grants unto Town of Marana, an Arizona
municipal corporation, GRANTEE, for the consideration of TEN AND NO1100
DOLLARS, and other valuable considerations, an easement for the construction,
operation and maintenance of a public roadway, and far public ingress and egress, over a
portion of Grantor's land situated in the Town of Marana, Pirna County, Arizona, and
more particularly described as follows (the "Easement Area"}:
SEE THE ATTACHED LEGAL DESCRIPTIONS EXHIBIT "A"
and AS SHOWN ON ATTACHED LOCATION MAP EXIiIBITS "B"
Grantee, at is sole cast and expense, will be responsible for designing, constructing and
maintaining all roadway improvements to be constructed within the Easement Area, all in
accordance with plans and specifications to be approved by Grantor and Grantee. Before
commencement of construction of the roadway improvements within the Easement Area,
Grantee shall have the right to require minor modifications to the right-of--way alignment,
and if Grantor does require any such minor modifications, Exhibits "A" and "B" will be
modified as necessary.
Grantor agrees for itself, its successors and assigns, not to erect, place ar maintain, nor to
permit the erection, placement or maintenance of any building, walls or fences upon the
above herein described Easement Area, which would impair Grantee's ingress and egress
rights.
Grantor hereby agrees that these covenants are made for the above described Easement
Area. Grantor hereby warrants and represents, and acknowledges Grantee`s reliance upon
said warranty and representation, that Grantor has good and sufficient title to the
Easement Area in order to grant said easement.
In consideration of the mutual temis, covenants and conditions herein contained, this
easement shall be binding upon and inure to benefit of any heirs, executors,
administrators, permittees, licensees, agents, successors or assigns of Grantor and any
successors and assigns of Grantee.
It is further understood and agreed that this easement is to expire and terminate upon the
first to occur of {a) completion of Clark Farms Road between Tangerine Farms Road and
Sandario Road, OR {b) the conversion of the Marana Interstate 10 eastbound frontage
road from a two way traffic operation to a one way traffic operation between the
Tangerine Road Interchange and the Marana Raad Interchange, OR {c~ January 1, 2015,
whichever occurs first, except with regard to such provisions as are intended to survive
termination of this easement.
QBPt~t 19882.00023\2020410.2 1 Of 4
Grantee hereby agrees to indemnify, defend, protect and hold harmless Grantor, its
members and affiliates, and all of their respective owners, partners, members, directors,
officers, employees, agents, successors and assigns (collectively, "Indemnitees'~ of, for,
from and against any and all demands, lasses, damages, liabilities, claims, actions,
judgments, court costs and legal or other expenses (including, without limitation,
attorneys' fees and expert witness fees), of any kind whatsoever, which any lndemnitee
may suffer, sustain or incur as a direct or indirect consequence of any act or omission by
Grantor or any of its agents, employees, contractors, subcontractors, material suppliers ar
consultants with respect to the Easement Area or any portion thereof. 1'he indemnity
obligations set forth herein are intended to survive tenninadon of this easement.
Following completion of the roadway improvements within the Easement Area, Grantor,
at its sole election, may convey the Easement Area and all improvements thereon to
Grantee, and Grantee shall accept such conveyance and thereafter shall be solely
responsible far the ownership and maintenance of the roadway.
IN WITNESS WHEREOF, the Grantor has caused its cozparate name to be signed by the
undersigned officer thereunto duly authorized this .Z,~''C day of /~p ~ , 200 .
WESTCOR MARANA LLC, an Arizona limited
liability company
By: The VVestcor Company II Limited
Partnership, an Arizona limited partnership,
its managing member
By: Macerich TWC II Corp., a Delaware
corporation, its general partner
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By:
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Name: ~. t,. ,~~~~~;~
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Title: _S! . !/'~ ~
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Qa~xx~>>~ss2.oooa~~zo~oaio.a 2 of4
STATE OF ~7.,a'y1(h. )
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County of fVlthfY- f:D (n. }
The foregoing instrument was acknowledged before me this '~7~^ day of
_~, 200 ~p by ~tV 1 G~ ~.-- S~rt~O~ ,the ~1 tDr UP pev2topry~+
of Macerich TWC II Corp., a Delaware corporation, a general partner of The Westcor
Company II Limited Partnership, an Arizona lizxuted partnership, the managing member
of Westcor Marano LLC, an Arizona limited liability company.
In witness whereof, I have set my hand and official seal.
~ '~
otary Public
My Commission expires:
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ARF7ANA
6iN~IC~PA C~UN7Y
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QBPxx~11988z.0~OZ3~202oa14.2 3 of 4
Approved by the Director ofPublic Works
of the To of Marana
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iL+~ day of ~.. € , 2QQ6
QsPHx~t t~ssz.oooaz~~zo2oaro.a 4 of 4
May 2, 2006
Exhibit A
Description of Parcel to Be Acquired -Access Easement
WESTCOR Marana, L.L.C.
Tax Parcel No. 217-55-012C
A portion of the southeast quarter of Section 35, Township 11 South, Range 11
East, Gila and Salt River Meridian, Pima County, Arizona, described in Docket
12714 at Page 245, records of the Pima Gounty Recorder, described as follows:
COMMENCING at the southeast comer of. Section 36;
THENCE South 89 degrees 27 minutes 19 seconds West, upon the south line of
the southeast quarter, a distance of 1636.18 feet to a point on anon-tangent curve
concave to the southwest, to which a radial line bears North 27 degrees 56
minutes 28 seconds East;
THENCE northwesterly, upon said curare, having a radius of 2065.00 feet and a
central angle of 6 degrees 13 minutes 44 seconds, a distance of 224.50 feet to the
POINT OF BEG[NN1NG;
THENCE North 22 degrees 48 minutes 17 seconds East, a distance of 162.04 feet;
THENCE North 69 degrees 20 minutes 35 seconds West, a distance of 20.01 feet;
THENCE North 22 degrees 48 minutes 17 seconds East, a distance of 925.97
feet to the beginning of a #angent curve concave to the southeast;
THENCE northeasterly, along the curve, having a radius of 732.00 feet and a
central angle of 16 degrees 58 minutes 37 seconds, a distance of 216.89 feet to
the beginning of anon-tangent line;
THENCE South 50 degrees 13 minutes 06 seconds East, a distance of 10.00 feet;
THENCE North 39 degrees 46 minutes 54 seconds East, a distance of 68.84 feet
to apoint on the northeasterly fine of the parcel of land described in Docket 12714
at page 245 and the southwesterly line of the parcel of land described in Docket
2020 at page 284;
THENCE North 50 degrees 13 minutes 06 seconds West, upon said northeasterly ~
line, a distance of 80.00 feet; ~
THENCE South 39 degrees 46 minutes 54 seconds West, a distance of 68.84 feet;
THENCE South 50 degrees 13 minutes 06 seconds East, a distance of 10.00 feet
to the beginning of anon-tangent curve concave to the southeast, to which a radial
line bears North 50 degrees 13 minutes 06 seconds West;
-1 of3-
THENCE southwesterly upon said curve having a radius of 792.00 feet and central
angie of 16 degrees 58 minutes 37 seconds, a distance of 234.67 feet;
THENCE South 22 degrees 48 minutes 17 seconds West, a distance of 925.97
feet;
THENCE North 65 degrees 02 minutes 52 seconds West, a distance of 2fl.01 feet;
THENCE South 22 degrees 48 minutes 17 seconds West, a distance of 766.37
feet to a point on a curve concave to the south and to which a radial line bears
North 18 degrees 56 minutes 05 seconds East;
THENCE easterly, upon said curve, having a radius 2065A0 feet and a central
angie of 2 degrees 46 minutes 39 seconds, a distance of 100.10 feet to the POINT
OF BEGINNING.
Prepared far and on behalf of
M 11~'I L A
PS4MAS
Project No. 03081-04
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EXHIBIT "B"
ACCESS EASEMENT FOR ~PESTCOR MARANA LLC
ACROSS PROPERTY DESCRIBED IN DOCKET f27i4, PAGE 245,
IN THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP ii SOUTH, RANGE ff EAST,
GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA
DATE: O51d3/O6 • DRAWN BY: PME
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MARANA RESOLUTION N0.2010-30
RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING A LICENSE
AGREEMENT WITH PACHECO FARM MANAGEMENT FOR THE CONTINUED USE OF
FIELDS WHICH HAVE BEEN PARTIALLY DEDICATED TO THE TOWN OF MARANA
AS RIGHTS-OF-WAY WITHIN THE FUTURE DEVELOPMENT AREA SURROUNDING
GLADDEN FARMS II
WHEREAS certain rights-of--way have been dedicated to the Town of Marana by private
property owners within and near the area known as Gladden Farms II Blocks 26-43; and
WHEREAS the proposed private development of these areas has been put on hold
without any known date of commencement; and
WHEREAS much of this area has been used for agricultural purposes by Pacheco Farm
Management for many years; and
WHEREAS the Town Council finds that it is in the best interests of the Town of Marana
to allow this agricultural use to continue by means of a license agreement between the Town and
Pacheco Farm Management. which is authorized by this resolution until such time as private
development makes it necessary to terminate the agricultural uses.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the license agreement between the Town of Marana and
Pacheco Farm Management, attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for
and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby authorized
and directed to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the agreement..
PASSED AND ADOPTED BY THE MAYOR AND CO IL THE TOWN OF
MARANA, ARIZONA, this 16~` day of March, 2010.
Mayor E .Honea
TO FORM:
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