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Home My WebLink AboutResolution 2001-083 first amendment to 7.91-acre lease at airport MARANA RESOLUTION NO. 2001-83 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE ACCEPTANCE THE F/PST AMENDMENT TO THE 7.91-ACRE LEASE AT THE MARANA NORTHWEST REGIONAL AIRPORT, 1N ORDER TO PERMIT A NEW SURVEY ADJUSTING THE LEASEHOLD BOUNDARIES. WHEREAS, the Town Council did approve Resolution No. 99-65, authorizing the execution of an Intergovernmental Agreement for the purpose of transferring ownership of the Avra Valley Airport from Pima County to the Town of Marana; and WHEREAS, the Town of Marana did succeed Pima County to the Lease Agreement, contract number 04-04-P-118745-0691, dated June 28, 1991, entered into by Pima County and Pima Aviation, Inc.; and WHEREAS, the Mayor and Council find that the current lease contains errors in the boundaries description resulting in a possible condition of"non-compliance" with Federal Aviation Administration regulations; and WHEREAS, the Mayor and Council find that a portion of certain structures originally intended to be within the leasehold now lay beyond the current boundaries; and WHEREAS, the Mayor and Council find that a portion of the airport infrastructure, specifically a portion of a taxilane, has been mistakenly included within the leasehold boundaries as currently described; and WHEREAS, the Mayor and Council have determined that it is in the best interests of the Town, the Marana Northwest Regional Airport, and the airport's patrons, to correct said error in the boundary description; and WHEREAS, the Mayor and Council have determined that a nominal adjustment in Fixed Rent paid by the Lessee to the Town may be required as a result of the completion of an accurate survey. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of .Marana, Arizona, that the First Amendment to the 7.91-Acre Lease, attached hereto as Exhibit A and Incorporated herein by this reference, is hereby approved, and the Mayor is authorized and directed to execute said Agreement. BE IT FURTHER RESOLVED that the Town's officers and staff are authorized to take all Marana, Arizona Resolution No. 2001-83 Page 1 of 2 steps necessary and proper to give effect to said Amendment and Agreement. BE IT FURTHER RESOLVED that the Town's officers and staff are authorized to enter into a contract for the survey of the Leasehold area and to incorporate this survey into the Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this oay of ~eptember, 2001. ATTEST: ~ayc r B~°bb~~'' APPROVED AS TO FORM: Daniel J. Hochuli as Town Attorney and not personally Marana, Arizona Resolution No. 2001-83 Page 2 of 2 - DEPUTY RECORDER 7864 ROOC ~~T: 11705 ~: 5236 NO. OF PAGES: 8 SEQUENCE: 20012501213 12/28/2001 ALEASE 17:01 F. ANN RODRIG~ I RECORDER RECORDED BY: SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 MAIL AMOUNT PAID $ 9.50 FIRST AMENDMENT TO 7.91-ACRE LEASE This First Amendment to 7.91-Acre Lease ("Agreement") is entered into by and between the Town of Maran a a political subdivision of the State of Arizona ("LESSOR"), and Pima Aviation, Inc., an Arizona Corporation ("LESSEE"). RECITALS WHEREAS, LESSOR and LESSEE are parties to that certain Lease dated June 28, 1991, contract number 04-04-P-118745-0691, regarding a portion of the property located at the Marana Northwest Regional Airport (the "Airport") commonly known as the 7.91-Acre Lease (the "7.91- Acre Lease"). WHEREAS, LESSEE purchased the Airport from Pima County, and as part ofthat purchase became the successor to Pima County. WHEREAS, it has been determined that the legal description attached to the 7.91-Acre Lease as Exhibit "A" thereto is erroneous, resulting in permanently affixed structures being constructed out of the leasehold boundaries, and a portion of the airport infrastructure, particularly a portion of the taxilane, being encompassed within the lease premises. WHEREAS, the parties desire to amend the 7.91-Acre Lease for the sole purpose of amending the legal description setting forth the leased premises. AGREEMENT NOW, THEREFORE, in consideration of the mutual provisions herein contained, the receipt and sufficiency of which is acknowledged by the parties, the parties hereto agree as hereinafter set forth. 1. Survey of Leased Premises. LESSOR and LESSEE mutually agree that, under the direction and at LESSOR's expense, a firm having sufficient capability and knowledge, shall be retained to perform the duties of surveying the Leased Premises, thereby establishing new and corrected parcel boundaries for the Leased Premises under the 7.91-Acre Lease. The new survey of the Leased Premises shall describe the premises set forth on the map attached hereto as Exhibit "A." Upon completion of the new legal description of the Leased Premises, said revised legal description shall be accepted and signed by both parties, and thereafter shall be affixed hereto as Exhibit "B" to this Agreement. "'-' ~: ,..... , , , or "- '-r Pima Aviation, Inc. Town of Maran a First Amendment to 7.91 Acre Lease 10f3 2. Recording of Lease and First Amendment. Upon completion, acceptance, and attachment of the legal description as Exhibit "B" to this Agreement, the 7.91-Acre Lease and this Agreement shall be recorded in the offices of the Pima County Recorder at the expense of the LESSOR. 3. Changes in Acreage of Leased Premises. LESSOR and LESSEE further agree that any changes in actual amount of acreage shall be used to compute the sums due and owing to LESSOR by LESSEE pursuant to the 7.91-Acre Lease, and that said sums shall be computed, using the adjusted acreage, from the first day following the previous payment period in which payment has been remitted, and for every payment period thereafter for the term of this Lease. 4. Remaining Provisions of7.91-Acre Lease. Except as specifically modified herein, all other terms, covenants and conditions of the 7.91-Acre Lease will continue in full force and effect. In the event of any conflict between the provisions of the 7.91-Acre Lease and this Amendment, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under seal this 4th day of September, 2001. TOWN OF MARANA LESSOR ATTEST: ~\,""''',,~ ~_\.OF~ ~ ;s- ~~\\'''''''''I.i ~., ~ s;O~~ ~1S'~ ~ ::: ~ ~ CORPORATE ~ ':P ~ = ! (;XX) e _ - =SEALi = ::; ~ ;:::!"Ie ~~ ~;: ~ "'1 ~"I"Ill"\~ ~ ~ 'Y/Z ,\<!\'~'" ~111,in\\\~ 1 APPROVED AS TO FORM: ~l-~ Daniel J. Hochuli As Town Attorney and not personally 5 :2 Pima Aviation, Inc. Town of Marana First Amendment to 7.91 Acre Lease 20f3 PIMA AVIATION, INC. LESSEE s~.,~ Gary Abrams President, Pima Aviation, Inc. Notary PublIC State of Artzcn8 State of Arizona) ~ PIma County \W Robin Crowe ) ss Explnls Jut'! 26, 2005 County of Pima ) The foregoing instrument was acknowledged before me this 41:!J day of September, 2001, by Gary Abrams, the President of Pima Aviation, Inc., -...:t( o-f~ I Ch ~. NOTARY UBLIC 1 ! 0-: -./ :.: : -.. -. "-'" .-,. Pima Aviation, Inc. Town of Marana First Amendment to 7.91 Acre Lease 30f3 (' J'") ---:::.7f'i' .7/ /// /.// ~:/ . :1/ .'// /y/ /// . // l =---=---/!;:/ ,'// #/ ,//( ..' 1/ ;Xl ~ '.. ... '''( / )<,/ /. ..// ../' ../' ,./' ./' ../" 0../' ". ./' .... /.. ........~ . .~y.. ../' / II I' I' " , I II II \ \ I' \\ ,I \ , " -:::, \ II ----::;.- , \ (,...- \ \ /1' '--' (----="-- , I --- \ I - :E '\\ II "" 0 " ~ .c ,\ II o ~ " i/ g. ~ '~, II ~ ;S \~\I/ \ \ \, \, \ \ \\ \\ \ \\ 1\ ;jj / en . (1_-- :i\ 1'1) ( --. - "11 l., ." ,...--- J.~I :I~ I( lI, :' II CO, I' / I ,II /111 \ -' / \ I '-?"" I' -,... I -- II \ \ \ \ \ \ \ \ \ I \ \ 1\ 1\ \ \ \ \ \ I \ I \ I " ~ _",,/f ::::.=-=-=-=====--\ I I I I I I I J I ~- '. _.J I I -1w I r=l -11- {-1w...... ID~Vl /Q , < ~ ~ ~ ~ == ~ ~ 0:: W I- Z UW <t:U "<I"Vl - Vl (Dw Z Vi ~ I::t:l r=:l <I: D ~ >- W --.J ...... .. : ;" o ..... ~ 5 :2 ":i ........ n J /-- t, ( 0 .- \. / \1 II II II II I' Ii 1 ~ EXHIBIT B T-HANGARAREA - 1 =; ::::= G PARCEL DESCRIPTION (1 - HANGAR AREA) Prepared by CARLSON-PUTT SURVEYORS, INC. 2251 N. Indian Ruins Road, Suite A Tucson, Arizona 85715 Job No. 178-98A November 27,2001 That portion of Section 10, Township 12 South, Range 11 East, Gila & Salt River Meridian, Pima County, Arizona more particularly described as follows: COMMENCING at the West Quarter corner of said Section 10; THENCE North 000 31' 55" West, along the West line of said Section 10, a distance of 80.00 feet; THENCE North 890 24' 35" East, along a line being 80.00 feet North of and parallel with the center of section line of said Section 10, a distance of 778.79 feet to the POINT OF BEGINNING; THENCE North 44053' 52" West, 778.10 feet THENCE North 45005' 45" East, 370.78 feet; THENCE South 44053'52" East, 1140.06 feet to a point being 80.00 feet North of the center of section line of said Section 9; THENCE South 89024'35" West, along a line being 80.00 feet North of and parallel with the Center of Section line of said Section 10, a distance of 518.13 feet to the POINT OF BEGINNING. Said parcel containing an approximate area of 355,606 square feet or 8.16 acres, more or less. .f '::J. 5 0 0 0 0 0 0 0 G 0 00 0 0 0 0 0 0 0 0 0 , , " , SCALE: "<I: , , , , '- ,~ AVRfJ+ VALLEY R~ ( > ., EAST 1/4 CORNER SECTION 9 -" . IJI).~ "LVL.. ,L..J r . AVRA VALLEY ROAD .! Pile NOVEMBER 26. 2001 "ARANA NORTHWEST REGIONAL AIRPORT T -HANGAR AREA TOTAL AREA: :f8.16 ACRES CARLIDIHIITT ""VUOllS 2251 N. INDIAN RUINS RD., SUITE A. TUCSON, AZ 85715 TELEPHONE: (520) 298-3878 FAX: (520)722-1122 ,- . z DRAWN DAlE JOB No. SIlT. 1 OF ~ APPROVAL OF LEGAL DESCRIPTION BASED UPON SURVEY PREPARED BY CARLSON-PUTT SURVEYORS, INC. DATED NOVEMBER 27,2001 TOWN OF MARANA LESSOR ~ Mike Rein Town Manager PIMA AVIATION, INC. an Arizona corporation LES EE Gary Abrams President 4