HomeMy WebLinkAboutResolution 2016-120 Approving purchase of property rights for Camino Martin/Jeremy Place reconstructionMARANA RESOLUTION NO, 2016420
RELATING TO PUBLIC WORKS APPROVING AND AUTHORIZING THE MAYOR TO
SIGN AN ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT FOR THE
PURCHASE OF PROPERTY RIGHTS NEEDED FROM PEP BOYS MANNY MOE & JACK
OF CALIFORNIA FOR THE CAMINO MARTIN/JEREMY PLACE RECONSTRUCTION
PROJECT, TOWN OF MARANA PROJECT NO. ST033
WHEREAS the Town of Marana has substantiall completed construction of the Camino
Martin/Jerem Place Reconstruction Project, Town of Marana Project No. ST033, (the "Camino
Martin Project"). and
9
WHEREAS the Town of Marana needed to ac a temporar construction easement
from Pep Bo Mann Moe & Jack of California to construct the improvements needed for the
Camino Martin Pro (the "Needed Propert and
WHEREAS Town staff has ne an Ac A & Administrative
Settlement with Pep Bo Mann Moe & Jack of California for ac of the Needed
Propert the terms of which exceed Town staff s g eneral authorit for ac of propert
ri needed for the Camino Martin Project as set forth in Marana Resolution No. 2016-054;
and
WHEREAS the Ma and Council of the Town of Marana find that this resolution is in
the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED b the Ma and Council of the Town of
Marana, Arizona, authorizin the Ma to execute the Ac A & Administrative
Settlement with Pep Bo Mann Moe & Jack of California in substantiall the form attached to
and incorporated in this resolution as Exhibit A, and authorizin Town staff to do all thin
necessar to carr out the terms of the a
PASSED AND ADOPTED BY THE MAYOR AND CO
MARANA, ARIZONA, this I" da of November, 2016.
0,
( MARANA Ma y orLEd 1-fonea
ATTEST: APPROVED AS
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CIL OF THE TOWN OF
0 FORM:
ocel y � /Fp�a nl< ronson, Town Clerk y 0,211LSsid Town
00049146.DOCX /I
Marana Resolution No. 2016-120
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10/2112016 3:16 PM
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MARANA
ACQUISITION & SETTLEMENT AGREEMENT
This Agreement is made by and between THE PEP Boys MANNY MOE & JACK of CALIFORNIA (the
"Owner"), a California corporation, and the TOWN of MARANA ( "Marana "), an Arizona municipal
corporation. The owner and Marana are sometimes collectively referred to as the "Parties," either
of which is sometimes individually referred to as a "Party."
1. The Property. The owner owns the property currently identified as Pima County Assessor's
Parcel Number 101-05-004G, consisting of approximately 2.91 acres near the southeast
corner of the intersection of Ina Road and Camino Martin, and referred to in this Agreement
as the "Property."
2. The Project. Marana (by its contractor) has substantially completed construction of the
Camino Martin /Jeremy Place Roadway Reconstruction Project, Marana Project Number
ST033 (the "Project "). The Project consisted of the reconstruction of Camino Martin from Ina
Road southward approximately 2,223 linear feet, and the reconstruction of Jeremy Place from
its intersection with Camino Martin eastward approximately 700 feet to its cul -de -sac terminus.
3. The Acquisition. Marana needed to acquire a temporary construction easement (the "Take ")
from the Property for the Project, to tie in the Camino Martin driveways and curb returns
serving the Property. The Take is depicted in "Exhibit A" to this Agreement. In lieu of court
proceedings to acquire the Take by eminent domain, the owner agrees to sell and Marana
agrees to acquire the Take for the total sum of $4,000.00 (the "Acquisition Amount "), subject
to the terms and conditions set forth in this Agreement.
4. Possession. The Parties acknowledge that possession of the Take has already occurred,
and Marana has no further need or right to possess the Take. This Agreement is the Parties'
settlement and payment for the rights previously taken.
5. Payment. No later than 30 days after the date this Agreement is approved by the Marana
Mayor and Council, Marana shall pay the Acquisition Amount to the owner by check mailed
at Marana's cost via United States Postal Service using Certified Mail, Return Receipt
Requested, to The Pep Boys, 3111 W. Allegheny Avenue, Philadelphia PA 19132, Attention:
Donald L. Novajosky, Corporate Counsel.
5. Broker's Commission. No broker or finder has been used and Marana shall owe no
brokerage or finders' fee related to this transaction. The owner is responsible to pay all
brokerage or finders' fees to any agent it has employed.
7. Conflict of Interest. This Agreement is subject to A.R.S. § 38 -511 which provides for
cancellation of contracts by government entities for certain conflicts of interest.
8. Entire Agreement. This signed document shall constitute the entire Agreement among the
Parties. No modification or amendment to this Agreement shall be binding unless in writing
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and signed by the Parties. The performance of this Agreement constitutes the entire
consideration by Marana, including just compensation for the Take and severance damages
to any remainder property and shall relieve Marana of all further obligation or claims relating
to the Property for the Take.
9. Compromise and Settlement. The Parties acknowledge that the Acquisition Amount was
agreed upon through compromise and settlement to avoid litigation.
10. council Approval. This Agreement is subject to approval by the Town council of the Town
of Marana.
IN WITNESS WHEREOF, the Parties have executed this instrument as of the last Party's signature
date below.
" MAR ANA
YA
TOWN OF MARANA an Arizona municipal
corporation
By:
No-
Ed Honea, Mayor
The "OWNER ":
THE PEP Boys MANNY MOE & .JACK OF
CALIFORNIA, a California corporation
By:
Mic ael Englert
Date: IlLe / /Zp / 6 Its: Chief Financial Officer &Secretary
ATTEST:
152 elyn Brooln, Town Clerk
APPROVED AS TO F RM:
'A na To wo Attorney
STATE OF e-o "Q
SS
County of C,, L L I )
The foregoing instrument was acknowledged before me on October 20, 2016 by Michael Englert,
the chief Financial Officer & Secretary of THE PEP Boys ,. NY MOE & .SACK OF CALIFORNIA, a
California corporation, on behalf of the corporation.
(Sea[)
OlAjt �� .•� Notary Public
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