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Home My WebLink About08/02/2005 Blue Sheet Marana Public Art Center Lease and Use Agreement TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 2, 4005 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-100: Relating to Real Estate; establishing the Marana Public Art Center; approving and authorizing the Mayor to execute a lease and use agreement with the Marana Arts Coun- cil relating to the Marana Public Art Center; and declaring an emergency. DISCUSSION This item proposes to establish as the Marana Public Art Center the house acquired from Dan and Patricia Post in connection with the assignment of the State land lease to the Town for the Heritage Park. This item also provides for the lease of the Marana Public Art Center to the Ma- rana Arts Council (MAC). The Town is in the process of completing construction of site improvements at the Marana Pub- lic Art Center and desires to formalize its arrangements to have the MAC lease and use the Cen- ter for its arts activities in exchange for operating the Center and opening it to the public. The proposed Marana Public Art Center Lease and Use Agreement establishes parameters for MAC's use of the Center, including setting forth mandatory hours of operation. RECOMMENDATION Staff recommends the adoption of Resolution No. 2005-100, approving and authorizing the Mayor to execute the Marana Public Art Center Lease and Use Agreement with MAC. SUGGESTED MOTION I move to adopt Resolution No. 2005-100. {IIII000192.DOC Ii FJC/cds 7/22/05 MARANA RESOLUTION NO. 2005-100 RELATING TO REAL ESTATE; ESTABLISHING THE MARANA PUBLIC ART CENTER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE AND USE AGREEMENT WITH THE MARANA ARTS COUNCIL RELATING TO THE MARANA PUBLIC ART CENTER; AND DECLARING AN EMERGENCY. WHEREAS, the house purchased by the Town of Marana pursuant to the purchase agreement with Dan and Patricia Post approved by Resolution No. 2003-109 and located on land leased by the Town from the State Land Department for use as the Heritage Park is hereby established as the Marana Public Art Center; and WHEREAS, the Town in the process of completing construction of site improvements at the Marana Public Art Center and desires to formalize its arrangements to have the Marana Arts Council lease and use the Marana Public Art Center for its arts activities in exchange for operating the Marana Public Art Center and opening it up to the public; and WHEREAS, the Mayor and Council of the Town of Marana find that the best interests of the public are served by entering into the Marana Public Art Center Lease and Use Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Marana Public Art Center Lease and Use Agreement between the Town of Marana and the Marana Arts Council, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby authorized and approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2nd day of August, 2005. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00000193.DOC I} FJe/cds 7/22/05 MARANA PUBLIC ART CENTER LEASE AND USE AGREEMENT THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Ari- zona municipal corporation ("Town") and MARANA ARTS COUNCIL, an Arizona non- profit corporation ("MAC"). The Town and MAC are sometimes referred to collectively as the Parties. RECITALS A. MAC is a community arts entity that provides support to the Town and its residents by providing art and art activities within and near the Town. E. The Town has received the assignment of a lease to, and has acquired title to the improvements on, State land on Sandario Road just north of the Santa Cruz River where the Town is developing a Heritage Park. e. One of the improvements acquired by the Town at the Heritage Park is a residential building which is currently being reconstructed and improved by the Town as the Marana Public Art Center ("Center"). D. The Town and MAC desire to use the Center for the display of art and for the coordination and carrying out of artistic activities. E. The Town finds that the benefits to the Town resulting from MAC's op- eration of the Center in accordance with the terms of this Agreement have a value at least equal to the fair market value of rent at the Center. AGREEMENT Now, THEREFORE, based on the foregoing recitals which are incorporated here by reference, the Parties agree as follows: 1. Lease. The Town hereby leases the Center to MAC from the effective date of this Agreement to July 1, 2006 for no monetary rent, subject to MAC's performance of its obligations under this agreement. 2. Use. MAC shall use the Center for the administration and operation of art activi- ties for the Marana community. 3. Occupancy by MAC. MAC employees and volunteers may occupy the Center when potable water is available to the Center. 4. Occu{Jancv bv the Public. MAC may invite members of the public to occupy the Center for authorized activities when all of the following have occurred: a. Gladden Farms Drive and Heritage Park Road from Moore Road to the Center have been open to the public, and {00000191.00C / 7} - 1 - 7/25/20053:14 PM FJC b. installation of decomposed granite over aggregate base course in the Cen- ter's public parking area has been completed as acknowledged in writing from the Town's Park Superintendent (Tom Ellis). 5. Minimum Hours of Operation. Beginning not later than January 1, 2006, MAC shall staff and open the Center to the public from 11 AM to 4 PM Monday through Fri- day, from lOAM to 2 PM Saturdays, and from Noon to 4 PM Sundays. In addition, MAC shall staff and open the Center to the public during art classes (including in the evenings and on weekends). The Center may be closed on Veteran's Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Day, New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day and Labor Day. These hours may be modified if approved in writing by the Town Manager. 6. Utilities. MAC shall make arrangements with all utility providers (electric, gas, water, and sewer, when and to the extent available at the property) and shall pay all utility bills when they become due and payable. 7. Repairs and Exterior Maintenance. The Town shall pay all costs to repair the Center and shall maintain the exterior of and grounds around the Center. 8. Interior Maintenance and Custodial Services. MAC shall maintain the interior of the Center and shall pay for all clean-up and custodial services at the Center. 9. No Modifications. MAC shall not modify the Center or any of the improvements around or in any way associated with the Center without the prior written approval of the Town Manager. 10. Indemnitv and Hold Harmless. MAC shall indemnify and hold harmless the Town of Marana, its officers, employees, and agents from and against any and all claims relating to MAC's use of the property and the display of art and other valuables at the property, and shall maintain insurance to cover any losses resulting from MAC's use of the Center. Insurance policies should have a minimum coverage of $1,000,000 per oc- currence and shall name the Town as an additional insured. 11. Conflict ofInterest. This agreement is subject to A.R.S. S 38-511, which provides for cancellation of contracts by government entities in certain instances involving con- flicts of interest. 12. Effective Date. This agreement is effective on the date the last Party's signature below. [Remainder of page intentionally left blank.] {OOOOO19 l.DOC 17) - 2 - 7/25/20053:14 PM FJC IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. THE TOWN OF MARANA, an Arizona municipal corporation THE MARANA ARTS COUNCIL, an Arizona non-profit corporation By: Ed Honea, Mayor By: Printed: Its: Date: Date: ATTEST: Jocelyn C. Bronson, Town Clerk By: Printed: Its: Date: ApPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000191.DOC 17} - 3 - 7/25/20053:14 PM FJC