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HomeMy WebLinkAboutResolution 2024-028 Approving and authorizing the Mayor to execute the right of entry and settlement agreement with Mandarina Holdings, LLC MARANA RESOLUTION NO. 2024-028 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT OF ENTRY AND SETTLEMENT AGREEMENT WITH MANDARINA HOLDINGS, LLC REGARDING THE TOWN'S USE OF PROPERTY LOCATED IN THE MANDARINA DEVELOPMENT AS A PUBLIC PARKING LOT WHEREAS in April 2021 the Town of Marana caused certain improvements to be constructed on property owned by Mandarina Holdings, LLC and used the property as a public parking lot without any right or permission to do so; and WHEREAS Town staff has negotiated a Right of Entry and Settlement Agreement with Mandarina Holdings, LLC to grant the Town temporary access to the property to remove the improvements placed on the property, to restore the property to its prior condition, and to compensate Mandarina Holdings, LLC for the Town's use of the property; and WHEREAS the Mayor and Council find that the terms and conditions of the Right of Entry and Settlement Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Right of Entry and Settlement Agreement attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana,and 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 agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,ARIZONA, this 20th day of March,2024. Mayor Ed Honea ATTEST: APPR AS TO FORM: if :m, Davi. L. Udall,Town Clerk J irall,Town Attorney . 16& Resolution No.2024-028 !SHED19771 XS& MARANA AZ ENGINEERING SERVICES RIGHT OF ENTRY AND SETTLEMENT AGREEMENT MANDARINA HOLDINGS, LLC, an Arizona limited liability company ("Grantor"), for the consideration of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION, does hereby grant to the TOWN OF MARANA,an Arizona municipal corporation, its contractors, permittees and licensees ("Grantee"), right of entry as needed for the removal of improvements encroaching, in, over, under, across and along that certain tract of land situated in PIMA COUNTY,Arizona, ("the Property")described as follows: SEE DEPICTION ATTACHED TO THIS INSTRUMENT AS EXHIBIT"A"AND INCORPORATED HERE BY THIS REFERENCE ACKNOWLEDGEMENT.Grantee acknowledges that:(a)it caused certain improvements to be constructed on the Property and used the Property as a parking lot by the public without any right or permission to do so; and (b) it does not claim any prior or present right to use, occupy or possess the Property. PURPOSE. A purpose for this Right of Entry is to grant the Town temporary access for the time specified herein in order for Grantee to remove all improvements placed on the Property by the Town and its agents, and to restore the Property to its prior condition as described below. TERM. This Right of Entry is granted upon full execution of this document by Grantor and Grantee and shall expire and terminate on June 1, 2024,without any further action required by Grantor or Grantee. SETTLEMENT AND RELEASE. Grantor hereby releases all claims of whatever nature for the Town's past use of the Property from the first date of the past use through the termination date of this Right of Entry, effective upon the Town's single lump sum payment of$66,000,which shall be paid within 30 days following execution of this Right of Entry and Settlement Agreement. CONDITION OF THE PROPERTY. Grantee agrees to remove all improvements constructed by Grantee and its agents and to restore the Property to its condition prior to the construction of the improvements on the Property. Specifically, Grantee shall remove the following: concrete parking blocks, post and cable, signs, bollards, and parking lot surface. COSTS AND LIABILITY. All costs associated with the Right of Entry shall be at the sole expense of the Grantee. Grantee assumes responsibility and liability for any injury or damage to the Property or to any person while using the Right of Entry, caused by or arising out of the prior unauthorized use and improvement of the Property,and also arising out of this Right of Entry.To the fullest extent allowed by law, Grantee shall indemnify, defend and hold harmless Grantor, its officers, departments, employees and agents from and against any and all such suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Right of Entry that are attributed to, in whole or in part,the Grantee's use of the Property,or to any act or omission of the Grantee,its agents,employees, or anyone acting under its direction, control or on its behalf,whether intentional or negligent, in connection with or incident to the Right of Entry. Grantee's responsibility shall not extend to the negligence of the Grantor, its officers, departments, employees and agents.The Grantee shall be responsible for any accident occurring on the Property during the term of this Right of Entry caused by the Grantee's negligent use of the Property or by the negligent acts or conduct of its employees, servants or agents. It is further understood and agreed that this Right of Entry is to expire and terminate upon removal of the encroaching improvements. IN WITNESS WHEREOF, the Parties have executed this Right of Entry and Settlement Agreement as of the last date set forth below their respective signatures. GRANTOR: GRANTEE: MANDARINA HOLDINGS,LLC, an Arizona limited TOWN OF MARANA, an Arizona municipal liability company corporation By: KDL INVESTMENTS, LLC, an Arizona limited liability company, its sole Member By: Ed Honea, Mayor By: �^ Date: 3(2-IA0Z4 Karl N. H �, Manager ATTE • Date: February 29, 2024 David L. Udall, Town erk APPROV S TO FORM: Ja airall,Town Attorney STATE OF ARIZONA SS County of Mdr i Cod ) The foregoing instrument was acknowledged before me on 19\va4 by Karl N. Huish,the Manager of KDL INVESTMENTS, LLC, an Arizona limited liability company, the sole Member of MANDARINA HOLDINGS, LLC, an Arizona limited liability company(the"Developer"), on behalf of MANDARINA HOLDINGS, LLC. (Seal) • of x . HANNAH JUNE MARTIN f �= Notary Public il!(Y►VOV C V�""� Commission Number 583950 Notary Public "/ Expires:June 6,2024 ,s, ,°'o Maricopa County Exhibit "A" A portion of Block 3 of the Final Plat for Mandarina, Blocks 1-7 and Parcels A, B & C, being a portion of Section 31, T11 S, R12E, G&SRM, as recorded at Sequence Number 20231590262, P.C.R. # . lit �° r �jytO, yr, ' 4 ,�,, , � r":, r .', x .� tom' ,r'r' . a}, a ;ryz ., ^M :<C` s t. .y,{ w` .tom -�,' �*1 - A. _ Atli': r, f -i, 3 .J, y. r. t `4F _, a n ; d i M S ` '.. plc: }'H Y fix ' ��: .