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Home My WebLink AboutResolution 2007-018 agreement with gladden farms HOA to use the marana heritage house MARAN A RESOLUTION NO. 2007-18 RELATING TO TOWN FACILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT PERMITTING THE GLADDEN FARMS HOMEOWNERS ASSOCIATION TO USE THE MARANA HERITAGE HOUSE. WHEREAS The Town of Marana would benefit from having an entity open the Heritage House in the Marana Heritage River Park for regular public hours; and WHEREAS the Gladden Farms Homeowners Association desires to use certain portions of the Heritage House in exchange for the Association's commitment to staff the Heritage House so that it may remain open to the public at certain regular hours throughout the week; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this lease and use agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the lease and use agreement between the Town of Marana and the Gladden Farms Homeowners Association, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved. The Mayor is hereby authorized to execute said Exhibit A, and the Town Clerk is hereby authorized to attest thereto, for and on behalf of the Town of Marana. IT IS 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 ADO.........P.T....E. I?J/fX" TH. E MAYOR AND C10 NCIL OF THE TOWN.. OF MARANA, ARIZONA, this,i:~.~~.:;~~~,f~ary, 2007. C" . :,," \ . . \,,\nllf',,~ 19 . ~ /' E,:;ll~i}~0P.PORA~:"t- ~ ? , . r/; L ( (.---- :;:. .~;.:' <.. r:x:>o ~ j;' .- t ~ :: ~. .~ :: Mayor d Honea ~ '~~ J;- ~ ATTEST: ~ <~;..,..".:\,~il' s: ~ <.,.,'''''b'''f'\ ~ ';f:?: '::;,. .~\~ ,< ,'~ i~"" {00003898.DOC /} FJClcds ///9/07 HERITAGE HOUSE LEASE AND USE AGREEMENT THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Ari- zona municipal corporation ("Town") and the GLADDEN FARMS HOMEOWNERS ASSOCIATION, INC., an Arizona not-for-profit association ("GLADDEN HOA"). The Town and the GLADDEN HOA are sometimes referred to collectively as the Parties, ei- ther of which is sometimes individually referred to as a Party. RECITALS A. The GLADDEN HOA is a homeowners' association governing and serv- ing the residents of the Gladden Farms development project, located immediately adja- cent to the Town of Marana Heritage River Park (Heritage Park). B. The Town has received the assignment of a lease to, and has acquired title to the improvements on, State land on Sandario Road just north of the Santa Cruz River where the Town is developing the Heritage Park. C. One of the improvements acquired by the Town at the Heritage Park is a residential building which has been reconstructed and improved by the Town, and which is commonly known as the "Heritage House." D. The Town uses portions of the Heritage House for Marana Parks and Rec- reation Department activities and classes, but certain portions of the Heritage House are substantially vacant, and the Heritage House does not currently have regular operating hours when it is open to the public. E. The lack of regular operating hours of the Heritage House increases the risk of vandalism and reduces the public's awareness and enjoyment of the Heritage House as a public facility. F. The Gladden HOA needs temporary office space for its administrative functions and for access to association members, and the Town desires to have an entity regularly occupy the Heritage House so that it may be open to the public during regular office hours. G. The Town finds that the benefits to the Town resulting from the GLAD- DEN HOA's use of the Heritage House in accordance with the terms of this Agreement have a value at least equal to the fair market rental value of the areas of the Heritage House which will be used by the GLADDEN HOA under this Agreement. AGREEMENT Now, THEREFORE, based on the foregoing recitals which are incorporated here by reference, the Parties agree as follows: {00003895.00C I} 1/22/073:30 pm 1. Lease. The Town hereby leases to the GLADDEN HOA those portions of the Heritage House (the "Leased Premises" identified in paragraph 2 below) from the effec- tive date of this Agreement until termination as set forth in paragraph 12 below for no monetary rent, subject to GLADDEN HOA's performance of its obligations under this agreement. 2. Leased Premises. The areas of the Heritage House which are the subject of this lease and use agreement are the following (all of which collectively are referred to in this agreement as the "Leased Premises"): a. Exclusive use of the two offices with entrances to the living room area, identified as the "exclusive use areas" in the drawing attached to and in- corporated in this agreement as Exhibit A. b. Joint use, with the Town of Marana, of the living room area just inside the front door of the Heritage House, and the bathrooms, as identified on Ex- hibit A as "joint use areas." c. Reasonable parking in the parking lot located just south of and adjacent to the Heritage House. 3. Use. GLADDEN HOA shall use the Heritage House for the administration and operation of the association. 4. Minimum Hours of Operation. During the term of this agreement, the GLADDEN HOA shall staff and open the Heritage House to the public from at least 9 AM to 3 PM Monday through Friday, except New Year' Day, Martin Luther King, Jr., Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday following Thanksgiving Day, and Christmas Day. These hours and days may be modified if approved in writing by the Town Manager. 5. Utilities. GLADDEN HOA shall make arrangements with all utility providers (electric, gas, water, and sewer, when and to the extent available at the property) and shall pay all utility bills when they become due and payable. 6. Repairs and Exterior Maintenance. The Town shall pay all costs to repair the Heritage House and shall maintain the exterior of and grounds around the Heritage House. 7. Interior Maintenance and Custodial Services. The GLADDEN HOA shall main- tain and pay for all clean-up and custodial services within the Leased Premises portion of the Heritage House. 8. No Modifications. GLADDEN HOA shall not modify the Heritage House or any of the improvements around or in any way associated with the Heritage House without the prior written approval of the Town Manager. 9. Indemnity and Hold Harmless. GLADDEN HOA shall indemnify and hold harm- less the Town of Marana, its officers, employees, and agents from and against any and all claims relating to GLADDEN HOA's use of the property and the display of art and other valuables at the property, and shall maintain insurance to cover any losses resulting from GLADDEN HOA's use of the Heritage House. Insurance policies should have a mini- {00003895.00C /} - 2 - mum coverage of $1,000,000 per occurrence and shall name the Town as an additional insured. 10. Conflict ofInterest. This agreement is subject to A.R.S. S 38-511, which provides for cancellation of contracts by government entities in certain instances involving con- flicts of interest. 11. Effective Date. This agreement is effective on the date the last Party's signature below. 12. Termination. This agreement may be terminated upon thirty days' notice by ei- ther Party to the other Party. IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. GLADDEN FARMS HOMEOWNERS By: Date: 2/!/2tJtJ1 ;?-Q-CJ7 ATTEST: {00003895.DOC /} - 3 - W 6 ~ .{ ::r m ~ ~ ~ .- L -:J ~ ~ lU -::t