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HomeMy WebLinkAboutResolution 2015-083 Leman Academy Reciprocal Parking License AgreementMARANA RESOLUTION NO, 2015 -083 RELATING To PARIS & RECREATION; APPROVING AND AUTHORIZING THE MAYOR To EXECUTE THE LEMAN ACADEMY OF EXCELLENCE/TOWN OF MARANA RECIPROCAL PARKING LICENSE AGREEMENT WHEREAS Leman Academy of Excellence is in the final stages of constructing a new public charter school (referred to in this resolution as "Leman Charter School") on the northeast side of Silverbell Road, at the east /southeast corner of Silverbell Road and Schisler Drive; and WHEREAS Leman Academy and the Town desire to take mutual and reciprocal advantage of one another's parking at the Leman Charter School and at the Town's Crossroads at Silverbell District Park; and WHEREAS the Mayor and Council find that the Leman Academy of Excellence /Town of Marana Reciprocal Parking License Agreement is in the best interest of the Town and its citizens. Now, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Leman Academy of Excellence /Town of Marana Reciprocal Parking License Agreement is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Leman Academy of Excellence /Town of Marana Reciprocal Parking License Agreement attached to and incorporated by this reference in this Resolution as Exhibit A, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution and the agreement it approves. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of . A ugust, 2015. _ I o N� w T ATTEST: Oronson, Town Clerk Mayc4fEd None � 00042623. DOCX 1} Marana Resalution No. 2015 -083 IYOW2�� 7/23/2015 3:06 PM FJC LEMAN ACADEMY OF EXCELLENCE/TOWN OF MARANA RECIPROCAL PARKING LICENSE AGREEMENT (Town of Marana, Arizona) THis AGREEMENT ( "Agreement ") is made and entered into by and between THE TOWN of MARANA, an Arizona municipal corporation (the "Town "), and LEMAN ACADEMY of ExCELLENCE, INC., an Arizona non - profit corporation ( "Leman Academy"). The Town and Lem- an Academy are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Par RECITALS A. Leman Academy owns land located on the northeast side of Silverbell Road, at the east /southeast corner of Silverbell Road and Schisler Drive, Pima County Assessor's Parcel Numbers 226 -27 -0360 and - -0370, legally described in Exhibit A to the Special Warranty Deed recorded in the office of the Pima County Recorder on March 12, 2015 at Sequence 20 15071 0266, and the land legally described in Exhibit A and depicted in Exhibit C to the Quit Claim Deed of Abandonment recorded in the office of the Pima County Recorder on May 1, 201.5 at Sequence 201.51210122 (collectively the "Leman Academy Land"). B. Leman Academy is constructing a public charter school on the Leman Academy Land (the "Charter School"), and anticipates that the Charter School will be open and operating for the fall 2015 semester. C. A total of 99 parking spaces, including four handicap- accessible parking spaces, are antic- ipated to be constructed on the Leman Academy Land as part of the Charter School's construc- tion. The parking spaces and associated parking areas to be located on the Leman Academy Land are referred to in this Agreement as the "Leman Parking Lot." D. The Town owns the Crossroads at Silverbell District Park ( "Crossroads Park") on land lo- cated north, east and southeast of the Leman Academy Land. E. The Town owns two parking lots in Crossroads Park. one, containing 60 parking spaces including five handicap- accessible parking spaces on Assessor's Parcel Number 226- 27 -023H, is located about 300 feet north of the Leman Academy Land. The other, containing 257 parking spaces including 12 handicap - accessible parking spaces on Assessor's Parcel Numbers 226-27 - 023H and 226- 27- 019K, is located 'Immediately east and southeast of the Leman Academy Land. Together, the Town's two Crossroads Park parking lots are referred to in this Agreement as the "Town Parking Lots." F. The Town Parking Lots support various public facilities in the vicinity of Crossroads Park, including Crossroads Park, the wheeler Taft Abbett Public Library, and the regional trail system known as "The Loop." G. The Wheeler Taft Abbett Public Library is owned by the Pima County Library District, and has its own separate parking lot (the "Library Parking Lot ") located on Assessor's Parcel {00042214.DOCX 1} 6/25/2015 4:03 PM TO WN of M ARANA/LEMAN ACADEMY oi� EXCELLENCE RE CIPROCAL PARKING LICENSE AGREEMENT -1 Numbers 226- 27 -019J and 226 -27 -0200 containing 75 parking spaces, including four handicap - accessi b 1 e parking spaces . The Li bray Parking Lot i s not included as part of this Agreement. H. The Parties desire to allow reciprocal parking rights on the Town Parking Lots and the Leman Parking Lot, so that the Charter School and patrons of the Crossroads Park will have the benefit of using all of the parking spaces available at the Leman Parking Lot and the Town Park- ing Lots, and so that the Parties avoid the unnecessary cost of paying for more pal than is needed in the area. 1. The particular location and layout of the Leman Parking Lot and the Town Parking Lots are depicted on Exhibit A attached to and incorporated by this reference into this Agreement. 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 Leman Academy a license permitting students, employ- ees, guests, and invitees of the Charter School to park in the Town Parking Lots, and (B) Leman Academy hereby grants to the Town a license permitting Town officials, Town employees and members of the public using public facilities in the vicinity of Cross- roads Park to parkin the Leman Parking Lot. 2. Maintenance and Repair. Each of the Parties with respect to their own land shall be re- sponsible 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. 3. Revocable License. The rights granted by this Agreement shall be in the nature of a revo- cable license which may be terminated by either Party at any time by recording and sending to the other a notice of termination not less than do days before the effective date of the termina- tion. Upon termination by either Party, all rights under this Agreement terminate. 4. Inde mniflication. Each Party expressly covenants and agrees with the other 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 result- ing from or in any way related to a Party's failure to maintain its 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 Party 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. 5. 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 and Leman Academy and recorded in the Pima County Recorder's Office. (00042214.DOCX 1} 6/25/2015 4:03 PM TOWN OF MARANAILI :MAN ACADEMY of EXCELLENCE RECIPROCAL PARKING LICENSE AC3REI MENT -2- 6. Insurance. Each .Party 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 Party as additional insured. upon request of either 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 Party 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 insur- ance premiums, which shall be due and payable not later than five days after a demand for pay- ment. 7. 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: Leman Academy 6601. East Grant Road, Suite 101 Tucson, Arizona 85715 Attn : 8. 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. 9. Effective Date. This Agreement shall become effective upon the effective date of the reso- lution or action of the Town Council approving this Agreement (the "Effective Bate "). 10. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. 11. Exhibits. Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as if set forth in full in this Agreement. 12. Conflict of Interest. This Agreement is subject to A.R.S. § 38 -51.1, which provides for cancellation of contracts in. certain instances involving conflicts of interest. ( 00042214. DOCX /1 6/25/2015 4:03 I'M TOWN OF MARANAILEMAN ACADEMY OF EXCELLENCE RECIPROCAL PARKING LICENSE AGREEMEN'r _3_ IN WITNESS W14ERI'aC)F, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. THE "TOWN ": "LEMAN ACADEMY ": TOWN 01 MARANA, an Arizona municipal LEMAN ACADEMY OF EXCELLENCE, INC., an corporation Arizona non -profit corporation By: By: d onea, ayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROV n FnR m State of Arizona County of Pima } ss } Its: Date: The foregoing instrument was acknowledged before me on by of LEMAN ACADEMY OF EXCELLENCE, INC., an Arizona non - profit corporation, on behalf of the corporation. (Seal) Notary I'ubI is (00042214.DOCX 11 6/25/2015 4 I'M TOWN OF MARANAILEMAN ACADEMY OIL EXCELLENCE RECIPROCAL PARKING LICENSE AGREEMENT -4- Exhibit A /\ Leman Academy Parking � �;�