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HomeMy WebLinkAbout11/21/2006 Blue Sheet Reciprocal Parking Agreement with OP1-CRH TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 21, 2006 AGENDA ITEM: J.6 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2006-193: Relating to Real Estate; approving and au- thorizing the execution of a reciprocal parking license agreement with OPt-eRR, L.P. DISCUSSION This proposed reciprocal parking license agreement would establish reciprocal parking rights on certain commercial parking lots in a development behind the Walgreen's at the southeast comer of Cortaro and Silverbell and a Town parking lot which is currently proposed to be built north of the future Wheeler Taft Abbett Public Library. The Town's proposed parking lot is anticipated to have about 54 parking spaces. This reciprocal license agreement would allow the developer's tenants and patrons to park on the Town's parking lot in exchange for the Town's patrons (peo- ple visiting the proposed district park and the Wheeler Taft Abbett Public Library) to park in the developer's parking lots. The Library, which will be owned by the County Library District, will have its own separate parking lot which will not be subject to this reciprocal parking license agreement. This proposed reciprocal parking license agreement may be terminated by the Town or the de- veloper at any time. If the Town terminates the agreement, any uses then established on the de- veloper's property in reliance on the availability of parking in the Town's parking lot will be permitted to continue without the need to find additional parking. If the developer terminates the agreement, all of the existing and future uses on the Developer's property will be required to meet the then existing parking requirements. In other words, any then existing uses which relied on the Town's parking lot to justify the use will need to find other parking sufficient to meet the Town's parking requirements under the Land Development Code. RECOMMENDATION Staff recommends adoption of Resolution No. 2006-193, approving and authorizing the execu- tion of the reciprocal parking license agreement. A TTACHMENT(S) Reciprocal Parking License Agreement SUGGESTED MOTION I move to adopt Resolution No. 2006-193. {00002907.DOC /} FJC/cds 11/6/06 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 ofthe 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. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00002908.DOC /} FJClcds 11/6/06 RECIPROCAL PARKING LICENSE AGREEMENT THIS RECIPROCAL PARKING LICENSE AGREEMENT (this "Agreement") is entered into by and between OPI-CRR, L.P., a Texas limited partnership (the "Developer") and the TOWN OF MARANA, an Arizona municipal corporation (the "Town"). The Developer and the Town are collectively referred to in this Agreement as the "Parties," and are sometimes individually referred to as the "Party." RECITALS A. This Agreement involves certain land described in the fmal 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 of the County Recorder, recorded at Book 60 of Maps and Plats at Page 16, Records of Pima County, Arizona (the "CR Subdivision") and land lying adjacent to the CR Subdivision. B. The Developer owns Lots 1 and 4 thru 10, inclusive, of the CR Subdivision (the "Developer's Land"). C. The Developer has submitted the Riverside Plaza Development Plan (Town's reference no. 06021, the "Development Plan") to the Town. The Development Plan is a proposed plan for the development of the Developer's Land. D. The Town owns the land immediately northeast of Lot 8 of the CR Subdivision and immediately northwest of Schisler Drive (the "Town Land"). E. The Town intends to construct a parking lot containing approximately 54 parking spaces on the Town Land (the "Town Parking Lot"). F. The Town Parking Lot will support various Town facilities in the vicinity of the Town Land, including a regional park and a county library (which will also have its own separate parking lot not included as part of this Agreement). G. The Parties desire to allow reciprocal parking rights on the Town Parking Lot and o~ the Developer's Land, so that nearby land uses with different peak parking demand times will have the benefit of using all of the parking spaces available on both the Developer's Land and the Town's Parking Lot, and so that the Parties avoid the unnecessary cost of paying for more parking than is needed in the area. H. The particular location of the Developer's Land and the Town Parking Lot and the currently proposed layout of the parking lots to be located on them, and the general location of the surrounding Town Land, are depicted on Exhibit A attached to and incorporated by this reference into this Agreement. 1. The Town and the Developer understand, acknowledge and agree that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. 9 9-500.05, as amended. {00002805.DOC / 3} - 1 - 1112/20067:28 AM AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: 1. Reciprocal Parking License. During the term of this Agreement: (a) The Town hereby grants to the Developer and its successors in interest a license permitting owners, tenants, customers and invitees of uses located on the Developer's Land to park in the Town Parking Lot, and (b) The Developer hereby grants to the Town a license permitting Town officials, Town employees and members of the public using public facilities in the vicinity of the Town Land to park in parking spaces located on the Developer's Land. 2. Maintenance and Repair. Each of the Parties with respect to their own land shall be responsible for the operation, maintenance and repair of their own improvements, and neither Party shall have the right or obligation to repair or maintain improvements located on the land of the other or any successor Party. 3. Revocable License. The rights granted by this Agreement shall be in the nature of a revocable license which may be terminated by either Party at any time from and after the fIrst anniversary of the effective date of this Agreement by recording and sending to the other and successor Parties a notice of termination not less than sixty days before the effective date of the termination. Upon termination by either Party, all rights under this Agreement terminate. If all or any portion of the Developer's interest in the Developer's Land is sold, the Developer's right to terminate under this paragraph must be exercised by a written and recorded notice of termination executed by the owners of more than half of the Developer's Land calculated by both land area and by assessed valuation as assessed by the Pima County Assessor. 4. Effect of Termination on Established Uses. The Town's future termination of the parking license granted by this Agreement shall not affect any land use approvals and parking calculations done for then-existing uses on the Developer's Land. A land use that is changed on the Developer's Land after this Agreement is terminated shall meet all parking requirements then in effect and may not count parking spaces in the Town Parking Lot toward its parking requirements. If the Developer or its successors in interest terminate the license created by this Agreement, all then-existing and future land uses on the Developer's Land shall comply with all parking requirements in effect at the time of termination and may not count parking spaces in the Town Parking Lot for any of their parking calculations. 5. Indemnification. Each Party expressly covenants and agrees with the other and future Parties with respect to their respectively-owned lands to comply with all laws, rules, statutes, ordinances, regulations and requirements of public and governmental authorities affecting their respectively-owned lands, and each Party agrees to indemnify, defend and hold the other Parties 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 a Party's failure to maintain their parking areas in good repair and in safe condition and in accordance with all legal requirements as provided in this Agreement. Each Party shall promptly notify the other and future Parties 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. 6. Amendment. No amendment, change or modifIcation of this Agreement or of its terms and provisions shall be effective unless it is evidenced by a written instrument, executed by the Town {00002805.DOC / 3} - 2- 11/2/20067:28 AM and all of the owners of the Developer's Land and which is recorded in the Pima County Recorder's Office. 7. Insurance. Each of the Parties shall obtain and maintain commercial general liability insurance of an "occurrence" type against all claims on account of liability 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 and future Parties as additional insureds. Upon request of any Party, a Party shall furnish a certificate of insurance indicating that such insurance has been obtained and is in full force and effect. If any Party fails to maintain insurance as required under this paragraph, the other and future Parties shall have the right (but not the obligation) to obtain the insurance, and its cost shall be a demand obligation payable by the Party obligated to obtain insurance to the Party who has paid the insurance premiums, which shall be due and payable not later than five days after a demand for payment. 8. Notice. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to Marana, to: Town Manager 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to Developer, to: OPI-CRR, L.P. 410 W. Grand Parkway S., 4th Floor Katy, Texas 77494 Attn: Mr. John Hamilton 9. Arbitration. Any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. ~ 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. 10. Effective Date. This Agreement shall become effective upon the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). 11. Conflict of Interest. This Agreement is subject to A.R.S. ~ 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. "MARANA" TOWN OF MARANA "DEVELOPER" OPI-CRR, L.P. Ed Honea, Mayor Date: By Date: [Print Name] ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00002805.DOC / 3} -3- 11/2/20067:28 AM STATE OF County of ) ) SS.: ) The foregoing instrument was acknowledged before me this _ day of 2006, by , partner on behalf of OPI-CRR, L.P., a Texas limited partnership. [Seal] Notary Public {00002805.DOC / 3} -4- 1112/20067:28 AM EXHIBIT A Reciprocal Parking License Agreement. lots 1 and 4- 10 of the CR Subdivision Marana, Arizona Developer's land CJ Town Parking lot ~ Town land Town Land "~ Not to Scare