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HomeMy WebLinkAboutResolution 99-067 relinquishment and assumption of avra valley airportMARANA RESOLUTION NO. 99-67 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE EXECUTION OF A RELINQUISHMENT AND ASSUMPTION AGREEMENT BETWEEN THE TOWN OF MARANA, PIMA COUNTY AND THE FEDERAL AVIATION ADMINISTRATION TO FACILITATE A COMPLETE AND FULL TRANSFER OF THE AVRA VALLEY AIRPORT FROM PIMA COUNTY TO TIlE TOWN OF MARANA. WHEREAS, the Town has been working with representatives from Pima County to effectuate a complete and full transfer of the Avra Valley Airport from Pima County to the Town; and WHEREAS, the Town has approved an Intergovernmental Agreement between the Town and Pima County to effectuate transfer of the Airport; and WHEREAS, pursuant to the Intergovernmental Agreement, the Town was to assume all of the County's obligations to the Federal Aviation Administration that arose out of various federal grants awarded to the County in connection with the County's ownership of the Airport; and WHEREAS, the Relinquishment and Assumption Agreement is attached hereto as Exhibit A, and is on file in the office of the Town Clerk, and acceptance of this Agreement between the Town, Pima County and the Federal Aviation Administration will benefit the residents of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Relinquishment and Assumption Agreement between the Town, Pima County and the Federal Aviation Administration is hereby approved, and Town officers and staff are authorized to execute the Agreement on behalf of the Town of Marana as well as any other documents necessary and proper to effectuate its purpose. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of June, 1999. ATTEST: ~.~~ Town Clerk APPROVED AS TO FORM: ~ ~DJie, J. Hoc~ '~//~ As Town Attorney and not personally Maram Resolution 99-67 MaYOr BOBBY ~[ SUTTON, JR. Page 1 of 1 EXHIBIT A Relinquishment and Assumption Agreement Marana Resolution 99-67 1.. o-fl 3 t)~~: rJ f\ f5 RELINQUISHMENT AND ASSUMPTION AGREEMENT AVRA VALLEY AIRPORT This Agreement is made and entered into this 3\ ~J::. day of ~ O~ , 1999, by and between Pima County, political subdivision of the State of Arizona, located at 130 West Congress, Tucson, AZ 85701, hereinafter called "COUNTY"; the Town of Maran a, a municipal corporation existing under the laws of the State of Arizona, located at 13251 North Lon Adams Road, Marana, AZ 85635, hereinafter called "TOWN"; and the State of Arizona, acting by and through the Aeronautics Division of the Department of Transportation, hereinafter called "ADOT," whose address is P.O. Box 13588, Mail Drop 426M, Phoenix, AZ 85002-3588. WITNESSETH: WHEREAS, the COUNTY currently owns and maintains the airport facility known as the A vra Valley Airport, located at 11700 West A vra Valley Road, Marana, AZ 85653; and WHEREAS, the COUNTY has certain continuing obligations owing to the State of Arizona by reason of conditional grants to the COUNTY by ADOT, as more fully specified below; and WHEREAS, the COUNTY and the TOWN have by intergovernmental agreement . ~ \ dated the J2..: day of --..)s ~ , 1999, agreed that the COUNTY will surrender and the TOWN will accept the surrender of all interests of the COUNTY in the Avra Valley Airport as outlined and subject to conditions found in said Intergovernmental Agreement Relinquish and Assumption Agreement \("'~ of " dated the ~ -> \J f'Jt- , 1999, a copy of which is attachedment hereto, and further conditioned upon the assumption by the TOWN of the obligations of the COUNTY that are owed to the State of Arizona by reason of said ADOT grants; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, as well as those contained in said Intergovernmental Agreement between the COUNTY and TOWN, it is hereby agreed as follows: 1. ADOT hereby releases the COUNTY from all further obligations incident to those certain grants relating to the A vra Valley Airport, to wit: EN421 $498,334 EN559 $ 53,640 EN620 $500,000 EN701 $575,500 EN802 $270,500 EN861 $125,000 Still Open Still open Still open Still open 2. The TOWN hereby assumes all covenants, obligations, and responsibilities of the COUNTY incident to those certain ADOT grants referred to in Paragraph 1 above, subject to the conditions and stipulations contained herein, and those lawfully imposed by or pursuant to the laws of the United States and the State of Arizona, and from hereforth the relationship between the TOWN and ADOT relating to said ADOT grants shall be the same as ifthe Relinquish and Assumption Agreement Page 2 TOWN and ADOT had been the original parties to said grants. 2. Under the ADOT grants identified in Paragraph I above, there are no covenants, obligations or responsibilities of the COUNTY owing to ADOT, relating to the Avra Valley Airport, other than those expressly contained in the grant documents, copies of which are attached hereto and incorporated herein by this reference as Attachment B, or expressly incorporated therein by reference, or as otherwise provided by the laws of the United States and the State of Arizona. 3. This Agreement shall become effective at the time that the Intergovernmental ~ Agreement between the COUNTY and the TOWN, dated the IS day of ..dU~ 1999, becomes effective by its terms. 4. There are no other terms ofthis Agreement other that those contained herein. Dated: ~()sn- ~\ \ \9~q STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION AERONAUTICS DIVISION By: ~~ Title: 'l) I v I S 1 cSo-\ D. r"'ec-~ COUNTY OF PIMA BY:~ ~Ot')~~ Chair, Board of Supervisors TOWN OF MARANA By:dW Ma r,- o~n of Marana Relinquish and Assumption Agreement Page 3