HomeMy WebLinkAboutResolution 2001-096 termination of 2.5-acre lease at marana airport MARANA RESOLUTION NO. 2001-96
A RESOLUTION OF THE MAYOR AND COUNC1L OF THE TOWN OF MARANA, ARIZONA,
APPROVING THE TERMINATION, BY MUTUTAL AGREEMENT, OF THE 2.5-ACRE LEASE
AT THE MARANA NORTHWEST REGIONAL AIRPORT.
WHEREAS, the Town Council did approve Resolution No. 99-65, author/zing the execution
of an Intergovernmental Agreement for the purpose of transferring 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-119419-1094, dated September 20, 1994, entered into by and between Pima County
and Pima Aviation, Inc.; and
WHEREAS, the Mayor and Council fred that it is reasonable and appropriate for the Town
of Marana to resume control of this parcel of land; and
WHEREAS, the Mayor and Council find that this parcel of land has significant value in
establishing a corridor from existing infrastructure to potential developments to the west of the
airport; 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 terminate this Lease
Agreement; and
WHEREAS, the Mayor and Council have determined that an adjustment in Fixed Rent paid
by the Lessee to the Town shall be required as a result of thc Termination Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Termination Agreement, attached hereto as Exhibit "A" and incorporated
herein by this reference, is hereby approved.
BE IT FURTHER RESOLVED that the Town Manager is directed to execute the
Termination Agreement 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
steps necessary and proper to give effect to the Agreement.
Marana, Arizona Resolution No. 2001-96 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
4th day of September, 2001.
ATTEST: Mayor Bobby Sutton, Jr.
Daniel J. ~ocb~li
As Town Attorney m'~d not pcrsunally
Marana, Arizona Resolution No. 2001-96 2 of 2
D.l!:PUTY RECORDER
7995 ROOA
DOCKET: 11630
-E: 3370
hv. OF PAGES: 4
SEQUENCE: 20011750916
09/10/2001
TRMAG 17:30
F. ANN ROpRIG~Z, RECORDER
RECORDED BY:
, REZMS
EZ MESSENGER ATTORNEY SERVICE
CHANDLER
PICKUP
AMOUNT PAID $ 9.00
TERMINATION OF LEASE BY MUTUAL AGREEMENT
This termination of Lease Agreement ("Agreement") is entered into by and between the Town of
Marana a political subdivision ofthe State of Arizona ("LESSOR"), and Pima Aviation, Inc., an Arizona
Corporation ("LESSEE").
RECITALS
WHEREAS, LESSOR and LESSEE are parties to that certain Lease dated September 20, 1994, contract
number 04-04-P-119419-1094, regarding a portion of the property located at the Marana Northwest Regional
Airport (the "Airport") commonly known as the 2.51-Acre Lease (the "2.51-Acre Lease"). The 2.51-Acre
Lease provides for an original commencement date of October 1, 1994, and provides for and original
termination date of twenty-five years from the commencement date with an option to renew for an additional
twenty-five years thereafter.
WHEREAS, LESSOR purchased the Airport from Pima County, and as part of that purchase became the
successor to Pima County.
WHEREAS, the parties now desire to provide for the termination of the 2.51-Acre Lease immediately,
irrespective oftheoriginal expiration date of the 2.51-Acre Lease.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual provisions herein contained, the receipt and
sufficiency of which is acknowledged by the parties, th'e parties hereto agree as hereinafter set forth.
1. Termination
LESSOR and LESSEE agree that in lieu of the original expiration date October 1, 2019, the 2.51-Acre
Lease shall terminate immediately upon recordation of this Termination Agreement (the "Termination Date").
Not later than the Termination Date, LESSEE shall remove all improvements and personal property from the
Leased Premises and shall surrender and return the Leased Premises to LESSOR in good condition.
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2. Continued Performance
LESSOR and LESSEE agree that each party hereto shall continue to perform the party's respective
obligations contained in the 2.51-Acre Lease including, but not limited to, LESSEE's obligation to pay Fixed
Rent, through the Termination Date. If the Termination Date is other that the last day ofthe quarter (the
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Pima Aviation, Inc.
Town of Marana
Termination of2.51 acre lease
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"Payment Period"), the parties hereto agree that the Fixed Rent attributable to that part of the quarter through
the Termination Date shall be prorated, based upon the daily rate.
3. Release
Upon LESSEE satisfying the conditions set forth in paragraph 1 above, LESSOR and LESSEE hereby
release, discharge and waive any claims against each other arising out of or in any way connected with the
Lease and LESSEE's possession ofthe Premises, through the date ofthe Agreement; except that LESSOR shall
not waive any claims for indemnification, contribution or apportionment of claims or liability brought against
LESSOR by any third party resulting from LESSEE's possession and use of the Premises, nor shall LESSOR
waive any claims for damages resulting from any latent or hidden defects or hazardous materials contamination
caused by LESSEE or resulting from LESSEE's possession and use of the Premises.
4. Binding upon Heirs
..), This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective
heirs, legal representatives, successors and assigns.
S. Final Agreement
This Agreement shall constitute the final agreement and understanding ofthe parties on the subject
matter hereof. This Agreement may be modified only by written amendment executed and signed by both
parties.
6. Attorney Fees
If any legal action is commenced to enforce or interpret the terms of this termination of Lease
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other
relief to which the prevailing party may be entitled.
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
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Town of Marana
Termination of2.5I acre lease
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APPROVED AS TO FORM:
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As Town Attorney and not personally
PIMA AVIATION, INC.
LESSEE
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G Abrams
President, Pima Aviation, Inc.
State of Arizona )
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County of Pima )
The foregoing instrument was acknowledged before me this ~ day of September, 2001, by Gary Abrams,
the President of Pima Aviation, Inc.,
~ :: = State dArlDle
""VII Robin Crowe
ExpIres July 26. 2001
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NOTARY PUBLIC
When Recorded Return to:
Anne C. Graham-Bergin
Raven & Awerkamp, P.C.
1 S. Church, Suite 1600
Tucson, AZ 85701
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Pima Aviation, Inc.
Town of Maran a
Termination of2.51 acre lease
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