HomeMy WebLinkAboutResolution 2001-097 first amendment to 73-acre lease at marana airport MARANA RESOLUTION NO. 2001-97
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING THE ACCEPTANCE OF THE FIRST AMENDMENT TO THE 73-ACRE LEASE
AT THE MARANA NORTHWEST REGIONAL AIRPORT, IN 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 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, dated
June 15, 1999, entered into by and between 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 the airport infrastructure,
specifically a portion of Taxiway C, has been mistakenly included within the leasehold boundaries
as currently described, and further that the leasehold boundaries should be reduced in order to offset
other property leased to Lessee; 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
boundaries description; 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 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 73-Acre Lease Agreement, 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
steps necessary and proper to give effect to said Amendment and Agreement.
BE IT FURTHER RESOLVED that the Town's officers and staffare authorized to enter into
a contract for the survey of the Leasehold area and to incorporate this survey into the Agreement.
Marana, Arizona Resolution No. 2001-97 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 Bob~r.
APPROVED AS TO FORM: ~.,, ,~'~t,a,,,~
As Town Attorney and not personally
Marana, Arizona Resolution No. 2001-97 2 of 2
F. ANN RODRIGt-.. RECORDER
RECORDED BY: L
DEPUTY RECORDER
7864 ROOC
D~~T: 11705
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NO. OF PAGES: 10
SEQUENCE: 20012501214
12/28/2001
ALEASE 17:01
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 10.50
FIRST AMENDMENT TO 73-ACRE LEASE
This First Amendment to 73-Acre Lease ("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 June 15, 1999,
regarding a portion of the property located at the Marana Northwest Regional Airport (the
"Airport"), titled the Master Development Lease Agreement and commonly known as the 73-
Acre Lease (the "73-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 73-Acre
Lease as Exhibit "A" thereto is erroneous, resulting in a portion ofthe airport infrastructure, to
wit taxiway C, being included in the Leased Premises.
WHEREAS, the parties further desire to decrease the size of the Leased Premises in order
to offset other premises leased to Lessee.
WHEREAS, the parties desire to amend the 73-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 73-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 ofthe 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.
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Pima Aviation, Inc.
Town of Marana
First Amendment to 73-Acre Lease
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2. Recording of Lease and First Amendment.
Upon completion, acceptance, and attachment of the legal description as Exhibit "B" to
this Agreement, the 73-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 73-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 of 73-Acre Lease.
Except as specifIcally modified herein, all other terms, covenants and conditions of the
73-Acre Lease will continue in full force and effect. In the event of any conflict between the
provisions ofthe 73-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 4th day of September, 2001.
TOWN OF MARANA
LESSOR
ATTEST:
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APPROVED AS TO FORM:
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Daniel J. Hochuli
As Town Attorney and not personally
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Town of Maran a
First Amendment to 73-Acre Lease
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PIMA AVIATION, INC.
LESSEE
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----Gary A rams
President, Pima Aviation, Inc.
Notary Public State of Artzon8
State of Arizona ) . Pima County
Robin Crowe
) ss ExpIIa NIt 26. 2ClOI
County of Pima )
The foregoing instrument was acknowledged before me this Ltili day ~~Ol, by
Gary Abrams, the President of Pima Aviation, Inc.,
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NOTARY PUBLIC
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EXHIBIT A
EXHIBIT B
PARCELS ONE, TWO AND THREE
WESTERN DEVELOPMENT AREA DESCRIPTION
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PARCELS ONE, TWO AND THREE
(WESTERN DEVELOPMENT AREA DESCRIPTION)
Prepared by
CARLSON-PUTT SURVEYORS, INC.
2251 N. Indian Ruins Road, Suite A
Tucson, Arizona 85715
Job No. 178-98A
Page 1 of 3 Pages
November 27,2001
PARCEL ONE
That portion of the Southeast Quarter of Section 4 and the Northeast Quarter of
Section 9, Township 12 South, Range 11 East, Gila & Salt River Meridian, Pima
County, Arizona more particularly described as follows:
COMMENCING at the Center Quarter corner of said Section 9; THENCE along
the center of section line of said Section 9, North 89027'13" East, 120.00 feet;
THENCE North 00057'18" West, along a line being 120.00 feet East of and
parallel with the West line of said Northeast Quarter of Section 9, a distance of
2642.70 feet to the North line of said Section 9; THENCE North 00031'12" West,
along a line being 120.00 feet East of and parallel with the West line of said
Southeast Quarter of Section 4, a distance of 122.56 feet to the POINT OF
BEGINNING;
THENCE continuing North 00031'12" West, along said parallel line, 641.93;
THENCE South 44053'38" East, 416.24 feet;
THENCE North 45017'30" East, 466.80 feet;
THENCE South 44053'52" East, 466.78 feet;
THENCE South 45019'45" West, 469.78 feet to the beginning of a tangent curve
to the left having a radius of 205.00 feet;
THENCE 160.98 along the arc of said curve to the left, through a central angle of
44059'30" (the chord of which bears South 22050'00" West a distance of 156.87
feet) to a point of cusp;
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THENCE North 00020'15" East, 126.81 feet;
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THENCE North 89039'45" West, 554.97 feet to the POINT OF BEGINNING.
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Said Parcel One contains an approximate area of 423,776 square feet or 9.73
acres, more or less.
Page 2 of 3 Pages
WESTERN DEVELOPMENT AREA DESCRIPTION
November 27,2001
PARCEL TWO
That portion of the Southeast Quarter of Section 4 and the Northeast Quarter of
Section 9, Township 12 South, Range 11 East, Gila & Salt River Meridian, Pima
County, Arizona more particularly described as follows:
COMMENCING at the Center Quarter corner of said Section 9; THENCE along
the center of section line of said Section 9, North 89027'13" East, 120.00 feet;
THENCE North 00057'18" West, along a line being 120.00 feet East of and
parallel with the West line of said Northeast Quarter of Section 9, a distance of
2642.70 feet to the North line of said Section 9; THENCE North 00031'12" West,
along a line being 120.00 feet East of and parallel with the West line of said
Southeast Quarter of Section 4, a distance of 430.12 feet; THENCE
North 89028'48" East, 980.24 feet to the POINT OF BEGINNING;
THENCE South 44053'52" East, 1482.54 feet;
THENCE South 45005'45" West, 978.67 feet;
THENCE North 44052'15" West, 979.77 feet to the beginning of a tangent curve
to the right having a radius of 165.00 feet;
THENCE 130.19 feet along said curve to the right, through a central angle of
45012'30" (the chord of which bears North 22016'00" West a distance of 126.84
feet) to a point of tangency;
THENCE North 00020'15" East, 482.56 feet to the beginning of tangent curve to
the right having a radius of 165.00 feet;
THENCE 129.57 feet along the arc of said curve to the right, through a central
angle of 44059'30" (the chord of which bears North 22050'00" East a distance of
126.26 feet) to a point of tangency;
THENCE, North 45019'45" East, 469.94 feet to the POINT OF BEGINNING.
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Said Parcel Two contains an approximate area of 1,354,855 square feet or 31.10
acres, more or less.
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Page 3 of 3 Pages
WESTERN DEVELOPMENT AREA DESCRIPTION
November 27, 2001
PARCEL THREE
That portion of the Northeast Quarter of Section 9, Township 12 South, Range 11
East, Gila & Salt River Meridian, Pima County, Arizona more particularly
described as follows:
COMMENCING at the Center Quarter corner of said Section 9; THENCE along
the center of section line of said Section 9, North 89027'13" East, 120.00 feet;
THENCE North 00057'18" West, along a line being 120.00 feet East of and
parallel with the West line of said Northeast Quarter of Section 9, a distance of
132.36 feet to the POINT OF BEGINNING;
THENCE continuing North 00057'18" West, along said parallel line, 1428.91 feet;
THENCE South 89039'45" East, 1041.44 feet;
THENCE South 44052'15" East, 342.70 feet;
THENCE South 45005'45" West, 1526.15 feet;
THENCE South 20025'55" East, 139.68 feet to the North right-of-way line of Avra
Valley Road;
THENCE North 79059'49" West, along said North right-of-way line 45.48 feet to
the beginning a tangent curve to the left having a radius of 1482.40 feet;
THENCE 183.69 feet along the arc of said curve to the left, continuing along said
North right-of-way line, through a central angle of 7005'59" (the chord of which
bears North 83032'49" West a distance of 183.58 feet) to the POINT OF
BEGINNING.
Said Parcel Three contains an approximate area of 1,093,790 square feet or
25.11 acres, more or less.
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AVRI>VAlTIYR~ (EAST 1/4 CORNER
SECnON 9
NlMMIIER 26, 2001
178-98
MARANA NORTHWEST REGIONAL AIRPORT
WESTERN DEVELOPMENT AREA
TOTAL AREA :t65.94 ACRES
(P-1 %9.7J acres, P-2 %JI.IO acres, P-J %25.11 acres)
CARI.801H11TT 'IIIVErDl'
2251 N. INO/AN RUINS RD., SUITE: A, TUCSON, AZ 85715
7ELEPHONE: (520) 298-3878 FAX: (520)722-1122
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APPROVAL OF LEGAL DESCRIPTION BASED UPON SURVEY PREPARED BY
CARLSON-PUTT SURVEYORS, INC. DATED NOVEMBER 27,2001
TOWN OF MARANA
LESSOR
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Mike Rein
Town Manager
PIMA AVIATION, INC.
an Arizona corporation
LESSEE
Gary Abrams
President
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