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HomeMy WebLinkAboutResolution 2006-193 reciprocal parking license agreement with OP1-CRH, L.P. F. ANN RODRIGUEZ, RECORDER RECORDED BY: CKB DEPUTY RECORDER 8046 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 RES 12936 2387 2 20062250488 11/22/2006 16:43 MAIL AMOUNT PAID $ 8.00 ~ MARANA RESOLUTION NO. 2006-193 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE EXECUTION OF A RECIPROCAL PARKING LICENSE AGREEMENT WITH OPI-CRH, L.P. WHEREAS the Mayor and Council find that the terms and conditions of the Reciprocal Parking License Agreement with OPI-CRH, L.P., are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Reciprocal Parking License Agreement between the Town of Marana and OPI-CRH, L.P., attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of November, 2006. . '~2;~my ~ ~.~"". ~,'llm'r,.. ~ ~ ee · ~r '.i'tt~~ i<';:f.t W ~ ____ I ::: L - C(}RPOR,f.Ti\' ~ ..., / .~ ",.r-~ = '::':: M Ed H E ~. sEALj :; ayor onea ATTEST: '$~ # ~ m ~ 1 1, ;:':;~ ;1:i ::ii~ II:;~ i(:i ,.'i .,1: ,.~ ,"";t; ~:3; ~~~ ,. {00002908.DOC /} FJClcds 11/6/06 2.. Exhibit A to Marana Resolution No. 2006-193, entitled RECIPROCAL PARKING LICENSE AGREEMENT, by and between the Town of Marana and OPI-CRR, L.P., was recorded separately on November 22,2006, at Docket /Z~1t , Page 21rf7 in the Office of the Pima County Recorder. 1 1\"l'JI ,.t, 1(::1 ::~~ ,.' ~:::i I~;~ ~!: ,~~ l:::;l ~~:;~; F. ANN RODRIGUEZ, RECORDER RECORDED BY: CKB DEPUTY RECORDER 8046 PEl SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 COVER SHEET DOCKET: PAGE: NO. OF PAGES: SEQUENCE: EASMNT MAIL AMOUNT PAID RECIPROCAL EASEMENT AGREEMENT 12945 5291 7 20062341517 12/06/2006 16:41 $ 9.00 ---' 1, 'F) .m, ~:I d ~"" ),,~) 1!;li ~,,~ ,,,::). II'''~ ,;jjJ, ~~ t '1 RECIPROCAL EASEMENT AGREEMENT THE STATE OF ARIZONA s S COUNTY OF PIMA S KNOW ALL PERSONS BY THESE PRESENTS: TIllS RECIPROCAL EASEMENT AGREEMENT (the "Agreement") is executed, and made effective on this the~ay of August, 2006 (the "Effective Date") by OPI-CRH, L.P., a Texas limited partnership (the "Developer") for the following llses and purposes: WlTNESSETH: WHEREAS, Developer owns those tracts ofland situated in the Town of Marana, County of Pima, State of Arizona, described on Exhibits "A" and "A-I"; and WHEREAS, the Developer desires to establish reciprocal easements, on and over those portions of the Tracts herein described, which are developed, used and/or maintained by the Developer (and its successors and assigns) for use as parking areas and accessways, for such purposes on each of the Tracts by the Owners of such Tracts, and their "Permittees", NOW, THEREFORE, the Developer hereby establishes, grants and creates the following easements and obligations, to-wit: 1. The Developer establishes, for the Developer, and for each subsequent party owning (an "Owner") any or all ofthe Tracts, and to their tenants, employees, contractors, customers and invitees (all of whom are sometimes referred to herein as the "Permittees") a reciprocal easement for access to, from, over, and across all roadways and accessways within all of the Tracts, to and from public streets and roads adjoining the same; and for parking, over and on those areas ofthe Tracts described herein which are made available for parking purposes by the O'vVllers thereof on. their respective Tracts. It is intended that the Developer, its successors and assigns, will comply with all parking requirements, and promulgated parking ratios required by the Town of Marana, County of Pima and the State of Arizona, and all other governmental agencies (all collectively referred to as the "Governmental Entities") having jurisdiction over the Tracts herein described. The reciprocal parking areas, once established, may not be changed and the number of parking spaces in all Tracts may not be reduced without the written approval of the Governmental Entities, and all O'vVllers of all 'I'racts herein described. 2. Each of the Owners shall be responsible to maintain and repair, and to keep in good c.;ondition, the areas on such Owner's Tract(s) within the easements herein granted, including maintaining the surfaces of such easement areas so they may be used and enjoyed by each of the Owners and their Permittees and their respective successors, assigns, tenants and licensees, with durable, first class surfacing material. The Owners shall not erect any fences or barriers on the Tracts unless otherwise expressly agreed upon, in writing, by all ofthe Owners, which writing shall be recorded in the Real Property Records of Pima County, Alizona; however, an Owner may Ii, il'~:~ ;~!~ J:i !::; ~;li r;'~' ,,""JI il"I~1 ~:' ,0::1 ~'li '~i" (Uham013\OOOB7\0402119.DOC;2JEO) construct "speed bumps" or "headache bars", if in any such Owner's reasonable judgment it is necessary to do so, on its Tract. 3. Each Owner expressly covenants and agrees with the other Owners, with respect to their respective Tracts, to comply with all laws, rules, statutes, ordinances, regulations and requirements of public and govermnental authorities affecting their respective Tracts and the easements granted hereby; and each Owner agrees to indemnify, defend and hold the other Owners harmless from and against any and all claims, demands, losses, damages, liabilities, expenses and causes of action (including, but not limited to, court costs and reasonable attorneys' fees) arising out of, or resulting from or in any way related to an Owners' failure to maintain the easement areas in good repair and in safe condition and in accordance with all legal requirements as provided herein. Each Owner shall promptly notify the other Owners of any claim made, suit or action commenced, which would in any way result in indemnification under the provisions of this paragraph or under any other provisions of this Agreement. 4. Default. If there is a failure by any of the Owners to perform, fulfill, observe or comply with any agreement contained herein, and such failure shall continue for a period of thirty (30) days after notice (by any Owner or anyone acting on behalf of any Owner) to the defaulting Owner, then the other non-defaulting Owner(s) may, at its (their) election, cure such default on behalf of the defaulting Owner. Any amounts which the curing party has expended for the aforesaid purposes, shall be paid within thirty (30) days after demand therefor (which demand shall be accompanied by an invoice or invoices indicating the actual costs paid). Any non-defaulting Owners shall have the right to proceed against any defaulting Owner pursuant to all remedies allowed by law or in equity. Any recovery by more than one (1) non-defaulting Owner against a defaulting Owner shall be shared by the non-defaulting Owners in the ratio that the cost of curing the default by the non-defaulting Owners bear to each other. The provisions of this paragraph shall, in all respects, be and remain subject and subordinate to the lien of any first mortgages or deeds of trust at any time, or from time to time, placed against any of the Tracts described herein. 5. Covenants Running with the Land. The rights, agreements, benefits, burdens, and restrictions contained within this Agreement shall run with the land and shall inure to the benefit of, and shall be binding upon all of the Owners, and their respective successors and assigns, and their tenants, subtenants, licensees, concessionaires, contractors, mortgagees in possession, customers, employees and business invitees of such pm.1ies. 6, Notices. In the event notice is required or desired from one party to the other party, notice shall be given in writing, and shall be either personally delivered, sent by overnight (recognized national) delivery service, or by United States certified mail, postage prepaid, with return receipt requested. Such notices shall be deemed received on the earlier of (i) actual receipt; or (ii) two (2) days after deposit in the United States Mail, postage prepaid, with return receipt requested (if by Certified Mail); or one day after delivery to an overnight delivery service; or (iii) on the date of first attempted delivery if such notice is refused. Notice shall be sent to the parties at their last known address as indicated on the public records of Pima County, Arizona, or in the records ofthe Developer. Any Owner hereto may change its address for notice purposes by giving notice of change of address to the other Ovmer(s) in the manner provided for herein. {L:\hamO1 3\OOOS'M4021 ] 9.DOC;2JEO} :;!::: ~:::JI '",Jl .(1 ~::i, ~'" ~~~~ ,:;~ :~~~ it.::II. 10" :~ : 2 7. Amendment. No amendment, change or modification of this Agreement or of the temlS and provisions herein contained shall be effective unless the same is evidenced by a written instrument, executed by the all of Owners of the Tracts herein described, and which is recorded (as an amendment, modification or change hereof) among the real property records of Pima County, Arizona. 8. Insurance. Each of the Owners hereto shall obtain and maintain, commercial general liability insurance of an "occurrence" type against all claims on account of liability of such party or parties, with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 as a general aggregate. Each such policy shall name the other Owners as an additional insureds thereunder. Upon request of any of the Owners hereto, the other Owners shall furnish a certificate of insurance indicating that such insurance has been obtained and is in full force and effect. Ifany of the Owners fail to maintain such insurance as required hereunder, the other Owners shall have the right (but not the obligation) to obtain such insurance and the cost thereof shall be a demand obligation payable by the party obligated to obtain insurance, to the party who has paid such insurance premiums, which shall be due and payable not later than five (5) days after a demand therefor. 9. Transfer. In the event any of the Tracts herein described (or any portion thereof) are transferred, sold or conveyed, the Owner thereof shall be relieved from all liabilities, obligations, claims and actions thereafter accruing (and the purchaser or transferee of such Tract shall be deemed to have assumed all such liabilities, obligations, claims and actions thereafter arising hereunder); provided, however, nothing herein shall be deemed to relieve any Owner from liabilities, obligations, claims and actions which have accrued prior to the date of the sale or transfer. The provisions of this Reciprocal Easement Agreement will run vdth the Land and shall be binding upon, and shall inure to the benefit of all ofthe Owners, and their successors and assigns. EXECUTED as of the date and year first above written. DEVELOPER: OPI-eRR, L.P., a Texas limited partnership BY OPTION 1 REALTY MANAGEMENT GROUP, LLC its General Partner .~~/I / B~>:' :'C7j;j4~/)1~:;- :~.. ::~ii~ '...~ ;::i it'~1 ...:~I il\)! ;~j: :;:1 ,/1 I L:\hamO 13\00087\0402 1 19.00C;2JEO} 3 THE STATE OF TEXAS s S COUNTY OF HARRIS s BEFORE ME, the undersigned authority, on this day of '\ t. ,. J,~, ,.2006, personally appeared \, \ \ \,~ '. ....\.,'\'C "', , the of OPI-eHR, L.P., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said limited partnership. \~.~,,__.,l_.,_ ': \" '_""'<<'-~"; :'.', NO'I'ARYPUBLIC - STAmOF TEXAS ~.....""",..,,_.., ,..-'" . !6~;i~, . i ~', r>':'. .,,!GA I. RUDOF~ ,"MISSION EXF"'i' July 17, 201G ,. ~; ., ~-'-"".. :\.vii'~.(.Ol~~._~~-;"':'--~-::Z:":- (UJlom013\OOOS'7I0402119DOC;2JEO} 4 t ~i~ i:U wi, ",::il ~:~l I"" :~~~ ~!:l~ Exhibit A Parcell: Lots 1 and 4 through 10, inclusive of Final Plat for Parcels 56,57, and 72, Continental Ranch, a subdivision of Pima County, Arizona, according to the map or plat of record in the office ofthe County Recorder, recorded in Book 60 of Maps and Plats at page 16, records of Pima County, Arizona. Parcel 2: Reciprocal Easement as created in that certain Restatement and Amended Declaration of Covenants, Conditions, and Restrictions recorded in Docket 11928 at page 6229. Parcel 2: Easements for ingress and egress and for the installation, operation, maintenance, repair and replacement of utilities, as created and set forth in instrument recorded in Docket 12632 at page 3227. t :::;~~, ~:l ~:I, It'"' ,,,::1' ~i~1 ~) iP~~ oiIl~, ~;! f:) EXHIBIT A-1 Reciprocal Parking License Agreement. Lots 1 and 4- 10 of the CR Subdivision Marana. Arizona . / / / ',~ I~li ~~i ?i ~.". "'::ii Not to Scale ~:;~I 1;'" .""1 1f'~1 ~L ':J I" ;. ~ "