Title
Airport Center Project Public Space Indemnification (Ordinance S-51548) - District 8
Description
Request to authorize the City Manager, or his designee, to grant an exception to Phoenix Airport Center, LLC (Developer) regarding a zoning stipulation for open public space. This exception is pursuant to Phoenix City Code 42-20 pertaining to indemnification and assumption of liability provisions that otherwise should be prohibited by Phoenix City Code 42-18.
Summary
The Phoenix Airport Center, LLC development named Airport Center, located on approximately 21-acres at the southeast corner of 12th and Elwood streets, is a proposed industrial development that includes two buildings with a total of 357,721 square feet. The zoning stipulation requires the Developer to provide open public space near 12th and Elwood Street. Per the approved plans, Developer will construct improvements, including landscaping, pedestrian paths, seating and structural shade, on the public space area.
Per the zoning stipulation, Developer will construct the public open space on a portion of the site and dedicate a Public Access Easement, as accepted and inspected by the Planning and Development Department. Due to the nature of the Public Access Easement on privately owned property, this request will provide an exception as codified in Phoenix City Code 42-20, allowing the City to provide commercial insurance or trust fund coverage for legal defense, or indemnification of a claim brought against Developer in accordance with the agreement. The City agrees to indemnify Developer from and against any and all claims arising out of the bodily injury of any person, but only to the extent such claims are caused by the act, omission, negligence or fault of the City within the Public Access Easement. This limited indemnity will not cover any claims arising from the Developer's failure to periodically inspect the site and make all necessary maintenance repairs as needed for which the Developer will be subject to negligence as a regular property owner.
Contract Term
This will be in perpetuity and be added to the easement by Developer.
Financial Impact
There is no financial impact to the City of Phoenix.
Location
East of 12th Street between Elwood Street and Jones Avenue
Council District: 8
Department
Responsible Department
This item is submitted by Deputy City Manager John Chan and the Community and Economic Development Department.