HomeMy WebLinkAboutResolution 2017-022 Approving Lease Agreement with St. Christopher Catholic Church RESOLUTION NO, 2017-022
RELATING TO PARKS AND RECREATION; APPROVINGT = ZING THE
MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE TOWN OF MARANA
AND SAINT CHRISTOPHER ROMAN CATHOLIC PARISH—MARANA FOR rHE
CONSTRUCTION AND MAINTENANCEPOCKET PARK IN EA HEIGHTS
WHEREAS Town staff hasnegotiated with Saint Christopher roan Catholic Parish—
Marana for the construction and maintenance of an approximately 33,000 square fo t pocket
ark and
WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in
the best 'interests ofthe Town of Marana and its citizens.
NOW', THEREFORE, BEIT RESOLVED THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the .s re eft between the Towngrana and Saint
Christopher Roman Catholic arise.— grana for the construction and maintenance of a pocket,
park,., attache to this resolution as Exhibit A, is hereby approved, an the Mayor is authorized to
execute it for and onbehalf of the Town of Marana.
IT S FURTHER that t 'Town Manager and staff are hereby directedand
authorized to undertake all other and further tasks required r beneficial to carry out the terms,
obligations, conaitions anct o e tiv s of the lease agreement.
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PASSED AND ADOPTEDy the Mayor and Council of the Town of Marana, Arizona,
this 21st of March, 2017.
AF4
Ivor E �L � a
T71ST."EAPPROVED AS TO FORM,
celyn C, ' Inson, Tows Clerk nk sib , Town ores
MARANA AZ
00051455,DOCX
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LEASE AGREEMENT
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TowN of MARAN.A.&SAINT CHRISTOPHER ROMAN CATHOLIC PARISH-MAR.ANA
This Lease Agreement-(this "Lease") is made and entered into by and between
SAINT CHRISTOPHER ROMAN CATHOLIC PARISH-MARANA (""Landlord"), an Arizona non-
profit corporation, and the TowN CSF MARANA ("'Tenant"), an Arizona municipal
corporation. Landlord and Tenant are sometimes collectively referred to as the"Parties,rr
either of which is sometimes*individually referred to as a"Party."
1.. Premises. Landlord is the owner of the approxL' ately 33,000 square feet of
property located m Pima County, Arizona, legally described in Exhibit •`A" and
depicted in Exhibit"B"attached to this Agreement(the"Premises").
2. Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases
the Premises from Landlord, under the terns and Conditions and for the purposes set
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forth in this Lease, and Subject to all easements, taxes. conditions, Covenants.,
restrictions,encumbrances and matters of record.
3. Term. The term of this Lease shall be for ten years commencing June 1, 2016, and
ending May 31, 2026, unless terminated pursuant to Paragraph 4 of this Lease. This
Lease shall be reviewed 90 days before the end of the term, at which time the Parties
will agree whether to terminate or continue this Lease for an additional five-year term.
Renewal shall be by written amendment,signed by both Parties.
4. Termination. i
(A)By 'tenant. Tenant may terminate this Lease for any reason upon 30 days s
written notice to Landlord.
(B) By,. ndlo gid.. Subject to Landlord's right to relocate the public park and
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associated parking under paragraph 8 below, Landlord shall guarantee Tenant an
initial term of ten years under this Lease with no option to terminate for any reason
except default by the Tenant. After the first ten-year lease period has expired,
Landlord may terminate this Lease for any reason upon 180 days written notice to
Tenant.
5. hent. Tenant shall pay Landlord rent of One Dollar per year for the term of this
Lease,payable annually or in advance at the discretion of the Tenant.
6. Tenant's Use of the Premises. Tenant shall use the Premises only for public park
and associated parking purposes, consistent with the following terns (the "Permitted
Activities"):
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(A) Expense of Tenant. Tenant shall occupy the Prend'ses at its own expense and
without contribution from Landlord.
(B) Access_by Landlord's parishioners. Tenant shall provide the Landlord's
parishioners with access to the Premises at all tunes during which the public park
and associated parking located on the Premises is normally open and available to
the public.
7. Parking. If Tenant deems parking necessary, Tenant shall construct its own
parking facilities on the Premises and shall not use any parking facilities of the
Landlord. All maintenance and upkeep on any new parking facilities on the Premises
shall be the responsibility of Tenant during the term of this Lease.
8. Landlord's Right to Relocate the Premises on Site. At Landlord"s option,
Landlord may at its sole cost relocate the Premises and the public park and associated
parking located on the Premises to an alternate site reasonably acceptable to Tenant of
equal or larger size on the Landlord's property of which the Premises is a part.
9. Assignment and. Subletting. Tenant shall not sublet the premises or any part of
the Premises, and shall not assign its interest in this Lease or any part of this Lease.
Tenant shah not encumber its interest in the Premises by mortgage, trust deed or
otherwise, M' whole or in part, without the prior written consent and approval of
Landlord.
10. Taxes. Tenant shah pay all takes, real and personal., associated with the
ownership or use of the Premises during any term of this Lease.
11. compliance with Laws. Tenant shall comply with all applicable federal, state,
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and local laws, statutes, ordinances, rules, regulations, standards, policies, and
executive orders with respect to its operations on the Premises.
12. Improvements to Premises. All improvements, made to the Premises by Tenant
must receive the prior written approval. of Landlord, to whom Tenant shall submit
detailed plans and specifications. Improvements shall be constructed in a good and
s workmanlike manner, m" compliance with the approved plans and specifications and.
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with all applicable laws, rules, and regulations, including all applicable building
electrical and other codes;
1.3. Utilities. Tenant shall pay the cost of all utilities used in connection with its
operation of the Premises.
14. insurance.
(A)Tenant agrees to procure and maintain a policy, or policies, of
comprehensive public liability and property damage insurance, The policy shall be
with a good and solvent insurance company for the benefit of Tenant and.Landlord.
Under the terms of the policy, Landlord shall be protected from and insured against
any, and all, loss, damage or liability of whatsoever nature arising out of or in
connection with the condition of,the use of, or Tenant's operations on the Premises.
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The limits of liability on public liability insurance under the policy or policies shall
provide a minimum coverage of $5,000,000 for injury or death of one person,
$5,000,000 for m" Jury or death of two or more persons, and $5,000,000 property
damage per occurrence. Such policy or policies shall be written as a primary policy
and not contributory with or in excess of any policy which Landlord may carry,and
shall name, cover and. insure Landlord as an additional insured. Tenant may satisfy
the requirements of this section through a program of self-insurance or through the
Arizona Municipal Risk Retention Pool.
(B)Tenant shall deliver certificates of the required insurance,or self-insurance,to
Landlord on or before the first day of the lease term and,thereafter,not less than ten
days prior to the expiration of such policy,if any.
(C) Tenant agrees during the term of this Lease to name Landlord as additional
named insured under its comprehensive public liability and property damage
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nsurance during the tern of this and any subsequent additional terms of this Lease.
15. condition of Premises. Tenant acknowledges that it has examined the Premises
and Tenant accepts the Premises in as-is physical condition upon the execution of this ;
Lease,
16. Maintenance and Repair. Tenant shall rnaintam' the Premises at all times
hereunder in a good, clean, safe and sanitary condition, at its sole cost and expense,
including making any necessary repairs or replacements of improvements on the
Premises
17. Surrender. Upon the expiration or earlier termination of this Lease,Tenant shall
leave the Premises in a condition at least as good as upon the Effective Date of this
Lease. No later than the expiration or earlier termination of this Lease, Tenant may
remove any Tenant--built or Tenant-installed improvements. Tenant shall remove any
Tenant-built or Tenant-installed improvements prior to the expiration or earlier
termination of this Lease if requested by Landlord. Any personal property or Tenant-
built or Tenant-installed improvements not removed upon expiration or earlier
termination of this Lease shall become the property of Landlord and may be sold or
otherwise disposed of by Landlord without liability to Tenant.
18. Environmental. Tenant shall not cause or perxntit any hazardous or toxic
substance or material to be brought upon, kept, or used in or about the Premises by
Tenant,its agents,employees,contractors or invitees. Tenant shall fully comply with all
envirorumental rules and regulations Frith respect to its operations on the Premises and
shall remediate and clean up any contamm" ation. of the Premises occurring during the
term of this Lease.
19, Entry by Landlord. Landlord may enter the Premises at reasonable times to
inspect the Premises and Tenant's operations on the Premises,
20. Security* Tenant shall be responsible for the securing the Premises and taking
reasonable steps to prevent unlawful or unauthorized Uxse of the Premises. The Premises
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shall be posted with signage regarding park rules and hours on the public access
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(Swanson Street)side of the Premises. The remammg three sides of the Premises will be
-1 fenced to prevent access from the park and associated parking area into the remainder
of,Landlordsproperty. Tenant shall contact law enforcement authorities when it
appears necessary to protect the Pren�dses and any persons or property on the Premises,
and it shall assist in any resultingprosecution.
21. Indemnification. To the fullest extent permitted by law, Tenant shall defend,
indemnify, and hold harmless Landlord, its Board of Directors, officers, agents, and
employees, from and against any and all claims, liabilities, losses, damage, cost and
expense, including but not luted to reasonable attorneys' fees and/or litigation
expenses, arising out of or resulting from the Tenant's occupancy of the Prennises, or
any accident, injury, damage, or violation of law whatsoever occurring in or at the
Premises allegedly caused in whole or in part by any act or omission of Tenant or
anyone direefly or indirectly employed by it, its agents, representatives, contractors,
subcontractors,licensees,or anyone for whose acts it may be liable.
22. Tenant not an Agent of Landlord. Tenant is not an agent of Landlord for any
purpose under this Lease or otherwise. Tenant shall control activities on the Premises,
and Landlord shall not control those activities. Tenant's employees and servants shall
not be under the control of-Landlord.
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23. Notices. Any notices required under this Lease shall be delivered personally or
by certified snail,directed as follows:
If to Landlord: SAINT CHRISTOPHER.R.oMAN CATHOLIC PARISH-MARANA }-
Attn:Reverend Virgilio Tabo,President
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72101 Moore road
Marana,Arizona 85653
If to Tenant: Marana Town Clerk
17555 west Civic Center Drive
Marana,Arizona 85653
With a copy to: Marana Legal Department
11555 west Civic Center Drive
Marana,Arizona 85653
24. Cancellation for Conflict of Interest. This Lease may be cancelled under certain
circumstances for conflict of interest pursuant to A.R.S. §38-•511.
25. Non-Discrimination. In its use and occupancy of the Premises, Tenant shall
comply with applicable state and federal rules concerning equal employment
opportunity and non-discrftm*nation, and with the Americans with.Disabilities Act.
26. Choice of Law. The laws of the State of Arizona shah apply to any action relating
to this Lease and any court action shall be brought in a court in Pima County, Arizona.,
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7'. Liens. 'Tenant shall timely pay all contractors, subcontractors, mechanics,
laborers, or materialmen providing materials or services with respect to the Pren-uses,
and shall not permit any lien to attach to the Premises or any interest in the Premises,
and shall indemnify and defend Landlordagainst all legal costs and charges resulting
from any such.lien.
28. Non-Waiver. The failure of either Party to insist in any one or more instances
upon the full and complete performance of any of the terms and provisions of this
Lease to be performed by the other Party, or to take nay action permitted as a result
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thereof,shall not be construed as a waiver or relinquishment of the right to insist upon
full and complete performance of the same or nay other covenant or condition either in
the past or in the future. The acceptance by either Party of sums less than may be due
and owing to it at nay time shall not be construed as an accord and satisfaction.
29.Assignment/Subletting. Any attempted assignrnen.t of this Lease by either Party
` without prior written consent from the other Party shall be void. This Lease shall be
binding on my and all successors and ass igns of Landlord and Tenant. Tenant shall not
sublet any portion of the Premises without the prior written consent of Landlord,which
consent may be given conditionally.
30. entire Agreement. This Lease shall constitute the entire contract between
Landlord and Tenant with respect to the Premises and no modification of this Lease
shall be bind" g unless in writing and signed by both Parties.
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fSignature page follows.]
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IN WrINM WHERFOF, the Parties have executed tMs Lease as of the list date set
j fart below thele respective signaturesi
"LANDLORD": "TEWANT":
SAINT CHRISTOPHER ROMAN CATHOLIC TOWN Or MARA AJ anArizona
PARISH-MARANA,an Afizona non-profit murticipal corporqtion
corporation �.
z �,d Hoea#Mayor
ev l 0 TAW,President
Date-0
t Date. )16
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Jocelyn C. Bronson,Tow:Clerk
APPROVED AS To FoRm-,
Fri Cassidy,Town Attorney
State of Arizona ]
8s
County of Pima �
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The foregoing instrument was acknowledged before rye on
by Reverend Virgflio Tabo, President of SAINT CHRISTOPIUM ROMAN. PARISH-
MARANA,an Arizona on—profit corporation,on its beha)f.
(Seat)
k, Arizona
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-a April 14,2016
EXHIBIT"W
`f PIMA COUNTY TAX PARCEL 217-49-004A
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The south 10.5.00 feet of the west 200.00 feet of the east 391.00 feet of that property described in
Docket 12780,page 5104,recorded in the Pima County Recorder's Office, Pima County,Arizona,
located in the northeast quarter of Section 33 of Township 11 South,Range .East,dila and Salt
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River Meridlan,Pima County,Arizona,
As a corollary,containing approximately 33,004 square feet.
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See Exhibit 8 attached hereto.
Prepared for the Town of Marana byP5OMAS
Project No,7TMA150102
I CA
18557
J10.
p' TEAGUE
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EXPIRES 9/30/16
3 -
Pg.1 of 2
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N 1/4 COR. SEC, 33 NE GOR. SEC 33
3„ DD IN HANDHOLE MILD, MOORE ROAD 3” ISD IN HANDHOLE
'TOWN OF MARANA DK. 2, P0. 129 R.M. "
S 892527
? " 2637.64-' ���. �'a�N of MARA�aA
i 1021.11, 30' 1/2 ROW
3" HD IN HANDHOLE
MIO. "TORN OF MARANA"
7ANN
0
SCALE: 1"=1001
217-49-004A TR
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ST, CHRISTOPHER ROMAN
CATHOLIC PARISH 0
DIST, 12780, PG. 5100 in , to
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WEST LINE OF THE E. 330'-- "
w �
OF THE NW I/4 "
OF THE NE I/4
SEC. 33
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PROPOSED PARK
J- AREA J
33,000 SQ. FT.
L3 L2
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L10 L9
S 89.17}50" W 690.92 W. SWA N SO N ST.
3" PD IN HANDHOLE .
MSD. "TOWN OF MARANA
RLS 14145" r,
LINE BEARING DISTANCE LINE SEARING DISTANCE
L1 N 45'2 1'05" W 41,84' L8 S 00@32'19" E 155.00'
L2 S 89"20'24" w 191.00' L7 S 00"42'09" E 29.39'
L3 S 89"20'24" W 200.00 L8 S 00"42'10" E 29,54
L4 N 00`32'19" W 155,00' L9 S 89"17'50" W 220,92'
L5 N 89`20'24" E 200.00' L10 S 89`17'50' 200,00
EXHIBIT "B"
P S 0 M A S RIMA COUNTY TAX PARCEL. 217-49-004A
333 E. Wetmore Road, ST. CHRISTOPHER ROMAN CATHOLIC PARISH
Suite 450, Tucson, AZ 85705 SEC. 33, T11 S, R 11 E
Tel(520) 292-2300 GILA & SALT RIVER MERIDIAN, PIMA COUNTY, AZ
7TMA150102 �E`.�.�IDIT
�- DATE. 4/14/2016 DRAWN BY: JOT