HomeMy WebLinkAboutResolution 2012-103 relating to real estate and license agreement for electric vehicle� F. ANN RODRIGUEZ, RECORDER
Recorded By: BRC o F PIllr _
` � DEPUTY RECORDER ��� r �p
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SMARA 4886 � - i i ��
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TOWN OF MARANA N � ��
TOWN CLERK `qRIZ01`ZQ'
11555 W CIVIC CENTER DR
MARANA AZ 85653
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MARANA RESQLUTION NO. 2412-103
$8.00
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RELAT1NCr TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO
E�CUTE A LICENSE AGREElVIENT EXTENSION FOR ELECTRIC VEHICLE
CHARGING STATIONS.
WHEREAS the Town of Marana approved Resolution 2012-13 on March 6, 2Q12,
approving a license agreement with the Electric Transportation Engineering Corporation, doing
business as EC4tality North America, ("ECOtality") to install Electric Vehicle Supply
Equipment ("EVSE"} stations and to collect data relating to public use of the EVSE stations in
accardance a grant from the United States Department of Energy; and
WHEREAS ECQtality license is scheduled to terminate on December 31, 2012; and
WHEREAS the Town finds that extending and modifying the ECOtality license is in the
best interests of the Town and its residents, for reasons including (a) the public's continued
access to EVSE statians within the Town limits, (b) the benefits of having an additional year's
EVSE usage data before the Town decides whether to retain the EVSE statio�s after the
termination of the license, (c) administrative simplification of financial obligatians under the
license, and {d) clarification of certain provisions of the license.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN QF MARANA, that the amendment to license agreement far electric vehicle charging
stations between the Town of Marana and Electric Transportation Engineering Corporation,
doing business as ECOtality North America, (`BCOtality") attached to this resolution as
Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the
Town of Marana.
IT IS FURTHER RESOLVED that the Tawn Manager and staff are hereby directed and
autharized to undertake all other and further tasks required ar beneficial to carry aut the terms,
abligations, conditions and objectives of the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 18�' day of December, 2012. � �
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Resolution No.2012-103 12110I2012 10:00 AM
20130670058
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03/08/2013
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AMENDMENT TO TOWN OF MARANA LICENSE AGREEMENT FOR
ELECTRIC VEHICLE CHARGING STATIONS
This Amendment ("Amendment") is made and entered into by and between the
TOWN OF MARANA ("Licensor") and ELECTRIC TRANSPORTATION ENGINEERING
CoxPOxATTO1v, an Arizona corporation ("Licensee"), doing business as ECOtality North
America, with offices at 430 S. 2nd Avenue, Phoenix, Arizona 85003.
1. This Amendment amends the TOWN OF MARANA LICENSE AGREEMENT FOR
ELECTRIC VEHICLE CHARGING STATIONS dated February 13, 2012, and recorded in the office
of the Recorder of Pima County, Arizona, on March 9, 2012 at Sequence No. 20120690198
(the "Agreement").
2. This Amendment is an integral part of the Agreement. The terms used in this
Amendment which are defined or specified in the Agreement shall have the meanings set
forth in the Agreement. If there are any inconsistencies between the provisions of this
Amendment and the provisions of the Agreement, the provisions of this Amendment
shall controL
3. This Amendment will be effective when signed by both Parties.
4. Section 2, Effective Date; Term of License, is hereby modified to read: "The License
and rights granted by this Agreement (as amended by this Amendment) became effective
as of December 1, 2011 (the "Commencement Date") and unless otherwise agreed in a
writing signed by both Parties will automatically expire and terminate on December 31,
2013 ("Expiration Date")."
5. Section 4, Consideration, is hereby modified to read as follows:
4.1 Quarterly Payment. The Licensee shall pay the Town 50% of the
net revenues received by the Licensee from access fees charges at
the Licensed Premises (the "Quarterly Net Revenues").
4.2 Time of Quarterly Payment. Licensee shall pay the Town its share
of Quarterly Net Revenues within 30 days of the end of each
calendar quarter.
6. Section 5, Surrender; Removal of the Equipment, subparagraph 5.3, is hereby
modified to read as follows:
5.3. Removal of the Equipment by Town. If Town does not timely elect
to retain the equipment as provided in subparagraph 5.2 above,
Licensee will promptly remove the Equipment and restore the
condition of Licensed Premises as provided in subparagraph 5.4
{00032362DOC /} -1 - 12/6/201210:52 AM FJC (revisions onty)
Charging Site Host Amendment
Redd Date: 5/9/�12
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below. If Licensee does not remove the Equipment and restore the
condition of the Licensed Premises within sixty days after the
Expiration Date, Town may cause the Equipment to be removed
and the condidon of the Licensed Premises restored, and may
recover from Licensee all expenses reasonably incurred in
connection with sucli removal and restoration. Licensee agrees to
pay all expenses of removal promptly upon receipt of demand for
such payment. In addition, the Equipment will be deemed
abandoned by Licensee and title shall automatically be vested in
Town, which may use or dispose of the Equipment in its sole
discretion.
7. All provisions of the Agreement, including attachments thereto, not addressed
by this Amendment remain in full force and effect.
Itv wrrtvESS wxExEOF, and intending to be bound hereby, the Parties affix their
signatures to this Amendment.
"Licensof'
Town of Marana, an Arizona municipal
corporation �
B
NaY
Title: Y {��d l�
Date r� -�8 � l�
"Licensee"
Electric Transportation Engineering
Corporation, doing business as ECOtality
North America
Thomas K Jacobson
�
By� - acobson,
°'��p,n�p�.� 5'�tc.o�c�=Ecotality North
Name: Ampri�a_ nu_
ema i i=t jacobson@ecot
Title �� �� � � alitv �nm �_i l$
Date: fa � � C� — � 2.. 2012.12.07 t 7:21:54
-07'00'
ATTEST•
cely C. Bronson, Town Clerk
Approved as to Form
c-
own rney
{aoa�2�2.DOC /} - 2- i2/6/2m2 ias2 � r7c ��io� o�y�
Charging Site Host Amend�nt
Redd Date: 5/9/2012