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Home My WebLink AboutResolution 2021-040 Authoring to Excute a License Agreement with Core Construction, Inc. for use of Town-Owned Property Adjacent to NWFD for a Construction Staging Area MARANA RESOLUTION NO. 2021-040 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE AGREEMENT WITH CORE CONSTRUCTION, INC. FOR USE OF TOWN-OWNED PROPERTY LOCATED ADJACENT TO NORTHWEST FIRE DISTRICT STATION 36, 13475 MARANA MAIN STREET, FOR A CONSTRUCTION STAGING AREA WHEREAS the Northwest Fire District(NWFD)will soon begin construction of its new facility located on Marana Main Street near NWFD Station 36; and WHEREAS NWFD's contractor, CORE Construction, Inc., desires to use a portion of the Town-owned dirt lot identified as Pima County Assessor's Parcel Number (APN) 217-37-048F adjacent to NWFD Station 36 for a construction staging area; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into a license agreement with CORE Construction, Inc. for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the license agreement with CORE Construction, Inc. is hereby approved in substantially the form set forth in Exhibit A, attached to and incorporated within this resolution, and the Town Manager is authorized to sign it for and on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April, 2021. I060.. MARANA AZ Mayor Ed Honea FS rAri, ATT APPR• ED AS TO FOR 4: _ �� / ii i&..r Cherry L. La son, Tw n Clerk Jane 41, Town Attorne Resolution No. 2021-040 EXHIBIT A LICENSE AGREEMENT LICENSOR: TOWN OF MARANA 11555 W. Civic Center Dr. Marana, AZ 85653 LICENSEE: CORE CONSTRUCTION,INC. 3036 East Greenway Rd. Phoenix, AZ 85032 LICENSED AREA: That certain real property consisting of that portion of the dirt lot identified as Pima County Assessor's Parcel Number (APN) 217-37- 048F to the west of and immediately adjacent to Licensee's property, identified as APN 217-37-069B, and more particularly shown in the location map attached to and incorporated in this License as Exhibit A In consideration of Licensee's representations and promises in this License Agreement, Licensor hereby gives Licensee permission to use the Licensed Area during the term of this License Agreement for a construction staging area, including for construction parking, a construction laydown area, and storage, subject to the following representations, terms and conditions: 1. Licensee shall design and construct, at is sole expense, the construction staging area according to plans approved by Licensor's Public Works Department prior to Licensee's use of the Property. The plans shall include dust control and mitigation measures. 2. Licensee shall, at its sole cost and expense, install and maintain in good condition any necessary barricades or fencing around the perimeter of the construction staging area. 3. Licensee agrees to maintain the construction staging area in good condition at all times keeping it free of trash and other debris. 4. This License Agreement shall be effective when it has been executed on behalf of Licensor and Licensee, and shall remain in effect unless and until it is terminated (a) by mutual written agreement of the Licensor and Licensee or (b) by and at the sole discretion of Licensor. 5. Licensor may modify or terminate this License Agreement at any time. Licensor shall give Licensee at least 60 calendar days' written notice of modification or termination,unless Licensor determines that a shorter period of notice is necessary in order to address an imminent health or safety issue. 00074688.DOCX/2 6. Licensee shall defend, indemnify and hold harmless Licensor, its officers, agents, and employees from and against any and all claims, demands, causes of action, complaints, suits, losses, damages, injuries, and liabilities whatsoever (including those for costs, expenses, and attorneys' fees) arising out of Licensee's maintenance and use of the Licensed Area or Licensee's negligent acts or omissions in connection with this License Agreement. 7. As a condition precedent to use of the Property and to allow ongoing use of the Property, Licensee shall provide certificate(s) of insurance and endorsement(s) to Licensor evidencing the following minimum insurance coverages and limits: $1,000,000.00 general liability per occurrence with a minimum $2,000,000.00 general aggregate limit per occurrence. This insurance shall remain in force throughout the life of this License Agreement. Licensor shall be named as an "additional insured" under the liability insurance policy and shall be given at least 30 calendar days' written notice prior to cancellation or reduction in coverage. Licensee shall also provide certificates of insurance each time the policy is updated. 8. Upon termination of this License Agreement, Licensee shall restore the Licensed Area to Town of Marana standards. Town of Marana standards for restoration shall be reasonably determined by Licensor at the time of the notice of termination. Licensee shall pay for all restoration costs. 9. If Licensee causes any damage to the Licensed Area,Licensee shall promptly make and pay for the repairs necessary to restore the Licensed Area to as close to its pre- damaged condition as reasonably possible. At the discretion of Licensor, if repairs are not initiated and completed within a reasonable length of time, but in any event within 30 calendar days after Licensor gives written notice of damage to Licensee,Licensor may make all reasonably requested repairs and bill Licensee for all actual third party costs, plus a reasonable administrative fee not to exceed 25% of all actual third party costs. Licensee shall pay the bill within ten calendar days of receipt. 10. This Agreement shall be binding upon Licensee, its heirs, assignees and designees, and every reference to Licensee in this Agreement shall include and bind Licensee's heirs, assignees and designees. 11. Licensee shall abide byall existinglaws of the State of Arizona, Countyof Pima and Town of Marana as they may be amended from time to time. 12. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511. 13. Any notice, request, demand, consent, approval, waiver or other communication, individually and collectively referred to in this License Agreement as "notice," which may be or is required to be given by a party under this License Agreement or by law to the other party shall be in writing and shall be either personally 00074688.DOCX/2 delivered to the party or shall be sent by: (i) registered or certified mail, postage paid by sender, return receipt requested; or (ii) overnight courier service (such as FedEx). The notice shall be deemed received upon the earlier of: (i) personal delivery; (ii) if mailed, the date of posting by the United States Post Office or overnight courier service. Notices shall be sent to the other parties at the address specified in the opening paragraph of this License Agreement. Notice of change of address shall be given promptly by written notice in any method described in the first paragraph of this Section. In the event any notice, invoice, statement, or bill is rejected,refused,returned,or otherwise not received as a result of failure of a party to give adequate notice of changed address, the notice, invoice, statement, or bill shall nevertheless be deemed received. 14. This License Agreement and Exhibit A to this License Agreement contain the entire agreement and understanding of Licensor and Licensee. [SIGNATURE PAGE FOLLOWS] 00074688.DOCX/2 IN WITNESS WHEREOF, the parties have executed this License Agreement effective as of the signature date of the last party to sign it. LICENSEE: LICENSOR: CORE CONSTRUCTION,INC., an Arizona TOWN OF MARANA, an Arizona municipal corporation corporation By: By: Terry Rozema, Town Manager Its: Date: ATTEST: Date: Town Clerk APPROVED AS TO FORM: Town Attorney STATE OF Arizona ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of ,2021 by , of CORE CONSTRUCTION,INC., an Arizona corporation, on behalf of the corporation. (Seal) Notary Public 00074688.DOCX/2 Exhibit A to License Agreement , . . , -lir -‘..-- GRIER RDm .e. .•,,... .,,,..,. r _ ,,,,,,r, , . '.,:t- _ e ' ,v — - *t .,' .w . .. 4 +'*' aF rF !L z. til. I :i. , ar g * -. APN:21737048F s• APN:21737073C �"} are # ,— 4 40,y , ..; t r .r 1 4 Q Licensed Area �' N 0 45 90 180 Yards