HomeMy WebLinkAboutResolution 2023-025 Approving and Authorizing the Town Engineer to Execute a Right-of-Way License Agreement with Amavida Marana LLC MARANA RESOLUTION NO. 2023-025
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE TOWN
ENGINEER TO EXECUTE A RIGHT-OF-WAY LICENSE AGREEMENT WITH
AMAVIDA MARANA LLC FOR USE OF TOWN RIGHT-OF-WAY LOCATED
GENERALLY ON INA ROAD EAST OF SILVERBELL ROAD FOR DRAINAGE
IMPROVEMENTS
WHEREAS Amavida Marana LLC ("Amavida") owns and is developing property
located near the southeast corner of the intersection of Ina and Silverbell Roads as the
Amavida Apartments; and
WHEREAS the Town has approved development (Town project number
DPP2205-001) and mass grading plans (ENG2204-004) for the Amavida Apartments
which require the installation of a box culvert for drainage in the Town's right-of-way
pursuant to a license agreement; 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
Amavida for this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, that the license agreement with Amavida Marana LLC is
hereby approved in substantially the form set forth in Exhibit A, attached to and
incorporated within this resolution, and the Town Engineer 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 7th day of March, 2023.
r
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Ja •irall, Town Attorney
.40666.
MARANA AZ
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00086899.DOCX/1
Resolution No. 2023-025
Exhibit A to Marana Resolution No. 2023-025
WHEN RECORDED MAIL TO:
TOWN OF MARANA
ATTN: REAL PROPERTY
11555 W.CIVIC CENTER DRIVE
MARANA,AZ 85653
TOWN OF MARANA RIGHT-OF-WAY LICENSE AGREEMENT
(Amavida Marana Apartments)
LCA2206-001
"LICENSOR": TOWN OF MARANA
11555 W. Civic Center Drive, Building A-3
Marana, AZ 85653
"LICENSEE": Amavida Marana LLC
639 E. Speedway Boulevard
Tucson, AZ 85705
"LICENSED AREA": That certain real property consisting of public right-of-way owned by the
Licensor located generally on Ina Road east of Silverbell Road, and more
particularly shown in the legal description and location map attached to and
incorporated in this License Agreement.
WHEREAS, Licensor is the owner of that real property known as the Licensed Area and legally
described in Exhibit A, attached hereto and incorporated herein (the "Licensed Area");
WHEREAS, Licensee is the owner of that real property legally described in Exhibit B, attached
hereto and incorporated herein (the "Amavida Property"); and
WHEREAS, Licensor desires to grant to Licensee, and Licensee desires to accept, a license over
the Licensed Area, subject to the terms and condition stated in this License Agreement.
In consideration of the application fee and Licensee's representations and promises in this License
Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Licensor and Licensee hereby agree as follows:
1. Licensor hereby grants to Licensee, its heirs, successors, and assigns an irrevocable,
permanent, non-exclusive license to, over, and on the Licensed Area to be used as a Drainage
Facility (defined below) for the Amavida Marana Apartments (the "License").
2. This License Agreement is granted as an accommodation to Licensee,to allow Licensee to
use the Licensed Area as a drainage facility in connection with Amavida Marana Apartments.
3. "Drainage Facility"means the installation, removal, repair, replacement, and maintenance
of the drainage facility to be consistent with a Licensor-approved Box Culvert that is shown in
Exhibit A to Marana Resolution No. 2023-025
plan and profile on the approved plan ENG2204-004. The approved ENG2204-002 plan is on file
with the Marana Planning Department and is incorporated into this License Agreement by this
reference. Any modification of the drainage facility on the Licensed Area shall be in accordance
with a Licensor-approved Box Culvert Plan&Profile or Licensor's approval.
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 by mutual written
agreement of the Licensor and Licensee. This License shall be recorded in the County of Pima,
State of Arizona.
5. Licensor may modify or terminate this License Agreement to address an imminent health
or safety issue. Licensor shall give Licensee written notice of the need for modification or
termination with as much advance notice as is reasonable based on the circumstances surrounding
the imminent health or safety issue.
6. Upon Licensee's sale or transfer of the Amavida Marana Apartments (or interest therein),
Licensee's rights under this License Agreement shall
g g automatically transfer to the new owner or
transferee of the Amavida Marana Apartments (or interest therein), and Licensee's obligations
under this License Agreement shall be bindinguponnew owner,transferee,their heirs,successors-
in-interest,and assignees.No later than 30 days after a sale or transfer,the new owner or transferee
shall provide notice to Licensor and shall provide copies of certificates of insurance necessary to
show compliance with the requirements of this License Agreement. Failure to provide timely
notice and certificates of insurance shall be cause for Licensor to terminate this License ce se Agreement
and require a new application q pp cation and fee.
7. Licensee acknowledges on its own behalf and on behalf of its successors-in-interest that
the installation and maintenance of the Drainage Facility was a condition of approval of the Box
Culvert Plan & Profile for Amavida Marana Apartments, and that Licensee shall maintain the
p
Drainage Facility. The maintenance of the Drainage Facility as stated in this License Agreement
is a condition of the Town of Marana's approval pp oval of Amavida Marana Apartments, and the failure
to maintain the Drainage Facility constitutes a violation of the Marana Land Development Code.
8. 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 or use of the Licensed Area or Licensee's
negligent acts or omissions in connection with this License Agreement.
9. Licensee shall obtain liability insurance for the term of this License Agreement in
minimum amounts of $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. BEFORE LICENSEE BEGINS ANY WORK ON
THE PREMISES, ONE OR MORE CERTIFICATES OF INSURANCE EVIDENCING
COVERAGE AS DESCRIBED IN THIS PARAGRAPH SHALL BE FILED WITH LICENSOR,
care of the Marana Real Property, 11555 West Civic Center Drive Building A2, Marana, Arizona
85653-7006. LICENSEE SHALL ALSO FILE ALL CERTIFICATES OF INSURANCE EACH
TIME THE POLICY IS UPDATED.
Exhibit A to Marana Resolution No. 2023-025
10. 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.
11. 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.
12. Licensee shall not install anything that conflicts with intersection sight visibility triangles
as defined and delineated by the July 2016 Town of Marana Subdivision Street Standards Manual,
Section 4.8 Intersection Sight Distance, as it may be modified from time to time.
13. Licensor shall not authorize or cause the restriction or interruption of use of the Drainage
Facility, unless doing so is required to (a) comply with the terms of this License Agreement or(b)
comply with emergency or other governmental authorities.
14. Licensee shall abide by all existing laws of the State of Arizona,County of Pima and Town
of Marana, as they may be amended from time to time.
15. This License Agreement is subject to cancellation in certain instances involving conflict of
interest pursuant to A.R.S. § 38-511.
16. 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 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.
17. In the event of any action at law or in equity between any of the Parties to enforce any of
the provisions and/or rights under this License Agreement or on account of a breach of any term
or provision hereof,the prevailing party shall be entitled to reimbursement from the non-prevailing
party of all reasonable attorneys' fees, costs and expenses incurred as a result thereof. This
provision shall survive any termination of this License Agreement.
18. This License shall be binding upon, and the benefit of,the transfers, successors and assigns
of Licensee and Licensee's rights and obligations under this License shall run with the land and
automatically transfer and be binding upon, and beneficial to, any transferor, successor or assign
of the Amavida Property (or any interest therein), subject to the provisions of paragraph 6, above.
Exhibit A to Marana Resolution No. 2023-025
IN WITNESS WHEREOF,the Licensor and Licensee have executed this License Agreement on the last
signature date set forth below.
"LICENSOR"
TOWN OF MARANA, an Arizona municipal
corporation
By:
Town Engineer
APPROVED AS TO FORM:
Town Attorney
STATE OF ARIZONA )
SS.
County of Pima )
The foregoing instrument was acknowledged before me this day of
2023 by Fausto Burruel, the Town Engineer of the Town of Marana, an Arizona municipal
corporation, on behalf of the Town.
(Seal)
Notary Public
Signature Page Continues
Exhibit A to Marana Resolution No. 2023-025
"LICENSEE"
AMAVIDA MARANA LLC, an Arizona limited liability company
By: MARANA GP LLC, An Arizona limited liability company, its Manager
Bradly Richarson, Jr., Manager
Andre Joffroy, Manager
STATE OF )
SS.
County of )
This foregoing instrument was acknowledged before me on this day of
2023, by Bradly Richardson,Jr.,Manager of Marana GP LLC,an Arizona
limited liability company, Manager of Amavida Marana LLC, an Arizona limited liability company,
on behalf of Amavida Marana LLC.
(Seal)
Notary Public
STATE OF )
Ss.
County of )
This foregoing instrument was acknowledged before me on this day of
2023, by Andre Joffroy, Manager of Marana GP LLC, an Arizona limited
liability company, Manager of Amavida Marana LLC, an Arizona limited liability company, on
behalf of Amavida Marana LLC.
(Seal)
Notary Public
Exhibit A to Marana Resolution No. 2023-025
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Exhibit A
Legal Description
Licensed Area
A portion of that parcel of land as described in Docket 9830, Page 2234, Records of Pima County,Arizona,
located within the northeast one-quarter of Section 2, Township 13 South, Range 12 East, Gila and Salt
River Meridian, Pima County,Arizona, and described as follows:
The West 60.00 feet of the South 60.00 feet of said parcel.
Said easement containing 3600 square feet of land, more or less.
See depiction of Exhibit A made a part hereof.
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Exhibit A to Marana Resolution No. 2023-025
INA ROAD
BK. 9, PG. 91 ROAD MAPS
DK. 9830, PG. 2234
PIMA CO.
APN 214-04-044C
INA & SILVERBELL LTD. PARTNERSHIP
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Exhibit A to Marana Resolution No. 2023-025
EXHIBIT B
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TUCSON, IN THE COUNTY OF
PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
PARCEL NO. 1:
All that portion of Lots 1 and 2, of Section 2, Township 13 South, Range 12 East of the Gila and Salt River Base
and Meridian, Pima County, Arizona, being more particularly described as follows:
COMMENCING at the intersection of the South right-of-way of Ina Road, according to Book 9 of Road Maps,
Page 91, records of Pima County, Arizona, and the East line of said Section 2, as they existed on October 14,
1981;
THENCE North 89 degrees 55 minutes 11 seconds West, along said right-of-way line, a distance of 58.08 feet;
THENCE continuing along said right-of-way line South 89 degrees 52 minutes 30 seconds West, a distance of
510 feet to the TRUE POINT OF BEGINNING;
THENCE South 00 degrees 07 minutes 30 seconds East, a distance of 425 feet;
THENCE South 89 degrees 52 minutes 30 seconds West, a distance of 1613 feet to a point on the East right-of-
way line of Silverbell Road, according to Book 3 of Road Maps, Page 10; records of Pima County, Arizona and as
it existed on October 14, 1981;
THENCE Northwesterly along said East right-of-way line of said Silverbell Road, a distance of 574.55 feet to its
intersection with the South right-of-way of said Ina Road;
THENCE North 89 degrees 52 minutes 30 seconds East, along said South right-of-way line of said Ina Road, a
distance of 1999.65 feet to the TRUE POINT OF BEGINNING;
EXCEPT any portion thereof lying within Silverbell Road and Ina Road; and
EXCEPT any portion conveyed to Pima County by Deed recorded in Docket 7523, Page 1368; and
EXCEPT any portion lying within the property conveyed to the Town of Marana by Deed recorded in Docket
12329,Page 4865; and
EXCEPT any portion conveyed in Special Warranty Deed recorded May 09, 2017 in recording No. 20171290501.
PARCEL NO. 2:
All that portion of the North half of the Northeast quarter of Section 2, Township 13 South, Range 12 East of the
Gila and Salt River Base and Meridian, Pima County, Arizona, portion described as follows:
COMMENCING at the intersection of the South line of Ina Road as shown in Book 9 of Road Maps, Page 91,
known as Road Proceeding No. 1004 and the East line of said Section 2;
Exhibit A to Marana Resolution No. 2023-025
EXHIBIT B
(Continued)
THENCE North 89 degrees 55 minutes 11 seconds West along the South line of said Ina Road, a distance of
58.08 feet;
THENCE South 89 degrees 52 minutes 30 seconds West, a distance of 510.00 feet;
THENCE South 00 degrees 07 minutes 30 seconds East, a distance of 425.00 feet;
THENCE South 89 degrees 52 minutes 30 seconds West, a distance of 230.00 feet to the POINT OF
BEGINNING;
THENCE continuing South 89 degrees 52 minutes 30 seconds West, a distance of 1,323.00 feet;
THENCE South 00 degrees 07 minutes 30 seconds East, a distance of 30.00 feet;
THENCE North 89 degrees 52 minutes 30 seconds East, a distance of 1,323.00 feet;
THENCE North 00 degrees 07 minutes 30 seconds West, a distance of 30.00 feet to the POINT OF BEGINNING;
EXCEPT any portion lying within the property conveyed to the Town of Marana by Deed recorded in Docket
12329,Page 4865.
PARCEL NO. 3:
Easement for driveway purposes, passage of pedestrians, motor and delivery vehicles for access, ingress and
egress over all Access Drives, roadways, walkways and use of facilities installed, by and pursuant to that certain
"Declaration of Easements, Covenants, Conditions and Restrictions" recorded in Recording No. 20171170817, of
Official Records of Pima County, Arizona.
Parcel Numbers: 214-04-044C & 042F