HomeMy WebLinkAboutResolution 2011-033 airport apron use permit agreement with southern arizona sports car club MARANA RESOLUTION NO. 2011-33
RELATING TO MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO EXECUTE AN APRON USE PERMIT AGREEMENT BE-
TWEEN THE TOWN OF MARANA AND SOUTHERN ARIZONA SPORTS CAR CLUB, INC.
FOR A SERIES OF NON - AERONAUTICAL SPECIAL EVENTS AT THE AIRPORT; AND AU-
THORIZING TOWN STAFF TO EXECUTE OTHER SIMILAR AGREEMENTS FOR FUTURE
NON - AERONAUTICAL SPECIAL EVENT SERIES AT THE AIRPORT
WHEREAS organizations such as the Southern Arizona Sports Car Club, Inc. approach the
Town of Marana from time to time about holding non - aeronautical special event series at the Marana
Regional Airport; and
WHEREAS town staff has established a process for the review of these requests for special
events; and
WHEREAS special events conducted within the town can enrich the quality of life within the
community and add to the town's economic prosperity; and
WHEREAS authorization of a series of special events, such as the driving events hosted by
the Southern Arizona Sports Car Club, Inc., through an Apron Use Permit Agreement will protect
the health and safety of the town and its residents while reducing the administrative burden of the
special event permitting process; and
WHEREAS the Town Council finds that the adoption of this resolution is in the best interests
of the town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1 . The Apron Use Permit Agreement between the Town of Marana and the South-
ern Arizona Sports Car Club, Inc. attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Public Works Director is hereby authorized to execute it for
and on behalf of the Town of Marana.
SECTION 2 . Town staff is hereby authorized to execute other similar agreements for future
non- aeronautical special event series at the Marana Regional Airport when those special events are
approved through the town's established review process.
Marana Resolution 2011 -33 - I - { 00025337.DOC /}
SECTION 3 . The Town's Manager and staff are hereby directed and authorized to undertake
all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of
this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA-
RANA, ARIZONA, this 1 day of March, 2011.
,
Mayor Honea
ATTEST:
g o o celyn *C ronson Town Clerk �� cc= PO
APPROVED AS TO FORM:
&Cidy, wn orney
Marana Resolution 2011 -33 -2- {00025337.DOC /}
TOWN OF MARANA
MARANA REGIONAL AIRPORT
APRON USE PERMIT AGREEMENT
"OWNER ": TOWN OF MARANA
11555 W. Civic Center Drive, Bldg A -3
Marana, AZ 85653
"PERMITTEE ": SOUTHERN ARIZONA SPORTS CAR CLUB, INC.
Attn: Bill Fisher
2224 S. Camino Seco
Tucson, AZ 85710 -7911
"PERMITTED AREA ": That certain real property at the Marana Regional Airport, located
at 11700 W. Avra Valley Road, Marana, Arizona, consisting of an
approximately 1,300 feet by 6,000 feet area in the south portion of
the ramp area, east of Runway 30, within the airport fence owned
by the Owner and more particularly shown as the "Ramp Area" and
the "Parking" area in the location map attached to and incorporated
in this Agreement as Exhibit A.
In consideration of Permittee's representations and promises in this Apron Use Permit
Agreement (the "Agreement "), Owner hereby gives Permittee permission to use the Permitted
Area during the term of this Agreement for ten monthly solo autocross skill driving events and
two driving schools only, subject to the following representations, terms and conditions:
1. This Agreement shall be effective when it has been executed on behalf of Owner and
Permittee and shall remain in effect until December 31, 2011, unless and until it is
terminated (a) by mutual written agreement of Owner and Permittee or (b) by and at the
sole discretion of Owner.
2. Owner may modify or terminate this Agreement at any time. Owner shall give Permittee at
least 60 calendar days' written notice of modification or termination, unless Owner
determines that a shorter period of notice is necessary in order to address an imminent
health or safety issue.
3. Owner, at its sole discretion, may renew this Agreement for up to five consecutive one -year
periods on the same terms as set forth in this Agreement, by executing a written renewal
signed by Owner and Permittee.
4. "Solo autocross skill driving event" means a timed skill driving event in which one driver at a
time navigates through a temporary course marked by traffic cones with the goal of
maneuvering through the course in the quickest possible time while maintaining complete
control of the vehicle.
{00025151.DOC / 6} Page 1 of 4
5. Permittee shall be permitted to use the Permitted Area on the following dates:
a. The ten monthly solo autocross skill driving events shall be held on the following
dates in 2011: March 20, April 24, May 22, June 26, July 24, August 28,
September 25, October 23, November 20 and December 11.
b. The two driving schools shall be held on the following dates: May 21, 2011 and
October 15 -16, 2011.
C. These dates and events may be modified or cancelled by mutual written
agreement of Owner and Permittee or by and at the sole discretion of Owner.
6. Pursuant to Section 10 -6 -6 of the Marana Town Code, Owner has waived the application
submittal and permit requirements described in Chapter 10 -6, Sections 10 -6 -2 and 10 -6 -3 of
the Marana Town Code for the events and driving schools that are permitted by this
Agreement, see Exhibit B attached to and incorporated in this Agreement. However,
Permittee shall abide by the conditions for special events as described in Section 10 -6 -4 of
the Marana Town Code as Owner deems those conditions applicable to Permittee's
activities under this Agreement.
7. During the term of this Agreement, Permittee shall use the Permitted Area only for the
described solo autocross skill driving events and driving schools and for parking at those
events. At all times during the term of this Agreement, Permittee shall use the Permitted
Area in keeping with best safety practices for solo autocross skill driving events and driving
schools, including but not limited to, the rules, regulations and procedures set forth in the
latest edition of the Sports Car Club of America's National Solo Rules.
8. During the term of this Agreement, Permittee shall abide by and enforce the Marana Airport
Site Supplemental Regulations, attached to and incorporated in this Agreement as Exhibit C
and the Solo Event Safety Plan, attached to and incorporated in this Agreement as
Exhibit D.
9. Under no circumstances may Permittee (a) use or permit the use of the Permitted Area for
any purpose other than for the described solo autocross skill driving events and driving
schools and for parking at those events, (b) cause or permit waste of the Permitted Area or
(c) adversely affect Owner's title and rights to the Permitted Area, including any water rights
or any other rights owned or claimed by Owner.
10. Permittee shall make no structural or electrical modifications, painting or other alterations to
the Permitted Area.
11. Permittee shall pay Owner the permit fee for non - aeronautical events in the amount
established by the Town of Marana Comprehensive Fee Schedule (the "Fee Schedule ")
adopted by the Town Council and amended from time to time for each solo autocross skill
driving event held and each driving school conducted during the term of this Agreement.
Additionally, Owner shall have at least one of its employees on site at the Marana Regional
Airport during each event and driving school conducted by Permittee and Permittee shall
pay the labor rate of Owner's employee in the amount established by the Fee Schedule
adopted by the Town Council and amended from time to time. Owner shall provide
Permittee with an invoice detailing the amount due after each event or driving school and
Permittee shall make payment within 30 calendar days of receipt of the invoice. Failure of
Permittee to pay the invoice in a timely manner may result in the assessment of late fees in
{00025151.DOC / 61 Page 2 of 4
the amount established by the Fee Schedule adopted by the Town Council and amended
from time to time and /or cancellation of the event or driving school by Owner. Permittee
shall remit payment of the invoice to:
Marana Regional Airport
c/o Jennifer Mangialardi, Administrative Secretary
11555 W. Civic Center Drive, Bldg. A3
Marana, AZ 85653
12. Permittee's rights under this Agreement may not be assigned by Permittee, but Permittee's
obligations under this Agreement are binding upon Permittee, its heirs, assignees and
designees, and every reference to Permittee in this Agreement shall include and bind
Permittee's heirs, assignees and designees.
13. Permittee shall defend, indemnify and hold harmless Owner, its officers, agents, and
employees from and against any and all claims, demands, causes of action, complaints,
suits, losses, damages, injuries, and liabilities whatsoever (including those for costs,
expenses, and attorneys' fees) arising out of Permittee's use of the Permitted Area or
Permittee's negligent acts or omissions in connection with this Agreement.
14. Permittee shall obtain commercial general liability insurance for the term of this Agreement
in minimum amounts of $1,000,000.00 general liability per occurrence with a minimum
$5,000,000.00 general aggregate limit per occurrence and excess /umbrella liability
insurance coverage of $10,000,000.00 each occurrence /aggregate from carriers acceptable
to Owner. This insurance shall remain in force throughout the life of this Agreement. Owner
shall be named as an "additional insured" under the commercial general liability and
excess /umbrella insurance policy and shall be given at least 30 calendar days' written notice
prior to cancellation or reduction in coverage. Permittee shall deliver one or more
certificates of insurance evidencing coverage as described in this paragraph to Owner
within 15 calendar days of the execution of this Agreement and shall also deliver new
certificates of insurance each time the policy(s) is updated to:
Marana Regional Airport
c/o Jennifer Mangialardi, Administrative Secretary
11555 W. Civic Center Drive, Bldg. A3
Marana, AZ 85653
15. If Permittee causes any damage to the Permitted Area, Permittee shall promptly make and
pay for the repairs necessary to restore the Permitted Area to its pre- damaged condition. At
the discretion of Owner, if repairs are not initiated and completed within a reasonable length
of time, but in any event within 14 calendar days after Owner gives written notice of damage
to Permittee, Owner may make the repairs and bill Permittee for all costs, plus a reasonable
administrative fee not to exceed 25% of all costs. Permittee shall pay the bill within ten
calendar days of receipt.
16. At the end of each day of its use of the Permitted Area, Permittee agrees that it will pick up
and properly dispose of all trash and debris deposited on the Permitted Area as a result of
Permittee's activities.
f00025151.DOC / 6} Page 3 of 4
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17. Permittee shall abide by all existing laws of the State of Arizona, County of Pima and Town
of Marana and all regulations of the Federal Aviation Administration, as they may be
amended from time to time.
18. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38 -511.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date of the last signature below.
"OWNER" "PERMITTEE"
TOWN OF MARANA an Arizona municipal SOUTHERN ARIZONA SPORTS CAR CLUB,
corporation INC., an Arizona non - profit corporation
4� By: B
Orville Saling
Interim Public Works Di ctor
Date: �� Date: -' 17
APPRO ED AS TO FORM:
f
Own orney STATE OF ARIZONA )
SS
County of Pima )
ATTEST:
The foregoing instrument was
acknowledged before me on February
Vn� CI r
17 , 2011, by
nayi d /Zvck the
1ZAibi� -E' E'xt[_ Of SOUTHERN ARIZONA
SPORTS CAR CLUB, INC., an Arizona non -
profit corporation, on behalf of the
corporation.
My commission expires: 7/2�f17��3
Notar Public
MOW &W
JACQUELINE PEREDA
ccw►a "" #01061
NIY coMNessIoN EXPM$ JULY 24, 2013
100025151.DOC / 6} Page 4 of 4
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EXHIBIT B
MARANA
PUBLIC WORKS DEPARTMENT
i
INTEROFFICE MEMORANDUM
TO: Gilbert Davidson, Town Manager
FROM: Orville Saling, Interim Public Works Director
SUBJECT: Special Events at the Marana Regional Airport
DATE: February 16, 2011
CC: Barbara Johnson, General Manager Public Services
Jane Fairall, Deputy Town Attorney
Chapter 10 -6 of the Marana Town Code provides for an application and permitting process for
special events. The purpose of the chapter is to establish a process for permitting and regulating
certain temporary activities conducted on public or private property when public safety is potentially
impacted.
The Southern Arizona Sports Car Club, Inc. desires to hold special events at the Marana Regional
Airport on a monthly basis. In the past, the Club has completed the special event application and
permitting process described in Chapter 10 -6 in order to hold its events at the airport. The Club's
use of the property for special driving events has been approved by the Town through this process.
Because the Club desires to use the airport property on an ongoing basis for its events, the Town
and the Club have decided to enter into an Apron Use Permit Agreement which, upon execution,
will permit the Club to hold its monthly events, plus two additional driving schools, for the calendar
year of 2011.
Section 10 -6 -6 of the Code provides that the Town Manager or designee has the discretion to waive
the application submittal and permit requirements described in Chapter 10 -6 in appropriate
circumstances. I request that you waive these requirements for the events that will be permitted
upon full execution of the Apron Use Permit Agreement between the Southern Arizona Sports Car
Club, Inc. and the Town of Marana. The Club's events have previously been approved through the
Town's special event permitting process on numerous occasions and pursuant to the Apron Use
Permit Agreement, future events will be of a similar type and nature. Moreover, the terms and
conditions of the Apron Use Permit Agreement will provide the appropriate framework for these
special events.
Additionally, I request that you appoint me as your designee for purposes of Section 10 -6 -6 of the
Town Code for any future special events at Marana. Regional Airport which will be covered under an
Apron Use Permit Agreement similar to the Agreement that will be entered into between the
Southern Arizona Sports Car Club, Inc. and the Town.
{00025314.DOC /}
TOWN OF MARANA — PUBLIC WORKS DEPARTMENT
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
PHONE: (520) 382 -2600 — FAX: (520) 382 -2640
Gilbert Davidson, Town Manager
February 16, 2011
Page 2
1
i
Thank you for your consideration.
I
i
Pursuant to Section 10 -6 -6 of the Marana Town Code, I hereby waive the special event application
submittal and permit requirements described in Chapter 10 -6 for the events and driving schools that
will be permitted by the Apron Use Permit Agreement between the Town of Marana and the
Southern Arizona Sports Car Club, Inc. upon full execution of that Agreement.
Additionally, I appoint Orville Saling, Interim Public Works Director, as my designee for purposes
of Section 10 -6 -6 of the Town Code for any future special events at Marana Regional Airport which
will be covered under an Apron Use Permit Agreement similar to the Agreement that will be entered
into between the Southern Arizona Sports Car Club, Inc. and the Town. This appointment will
remain in effect unless and until it is revoked in writing.
Gilbe D son, Town Manager Date
1
100025314.DOC /}
3
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EXHIBIT C
C
I
G 0"a 4
Arizona Border Region #88
= Sports Car Club of America
i
November 21, 2010
Marana Airport Site Supplemental Regulations
WARNING: Failure to comply with regulations will result in you being asked to leave the event.
Please take extra precautions to ensure the site is kept safe, clean and not damaged in any way. We need to
maintain a positive relationship with the airport so we can continue use of the site. Remind others around
you if they appear to have forgotten the rules. Use garbage cans located near the paddock, grid, and trailer.
AZBR will provide boards for use with jacks and jack stands. They must be used to prevent damage to the
pavement.
1. Site entry - do not show up before the published gate open time as we will be setting up the paddock
and other required boundaries.
2. Participating cars and tow vehicles shall be parked in the paddock area as indicated on the course /site
map. Park on the pavement only. Do not park on the dirt.
3. The Beech Starship aircraft located on the site are off limits. Do not visit them.
4. All participants and spectators shall remain in the autocross site area. This is defined by the lighter
pavement area (uncoated). The aircraft taxi ways on the west and north edges are off limits. They are
coated and appear darker.
5. Boards shall be used under jacks and jack stands to prevent damage to the pavement. AZBR will
provide the boards and they will be located near the paddock area. Ask if you cannot find them.
Please return them when finished so they can be used at future events.
6. Cars entered for competition shall remain on the paved area once entered until ready to leave the site.
This is to minimize dirt and debris that could be transferred from unpaved areas by sticky tires.
7. Fluids leaked onto the pavement will NOT be tolerated. Water (i.e. air conditioner condensation) is
acceptable. If your car leaks any oil or other fluids you will not be allowed to run. Either fix the leak
before the event or do not participate. You can get a refund if desired up to 24 hours before the event.
Contact Jeff Israel at webmaster @azbrscca.org. If your car leaks when you show up on the site you
will not be allowed to run. The exception to this is a breakage that occurs while participating in the
event. If the leak can be repaired quickly off the pavement then continuing to run may be allowed.
We do understand that things can go wrong while running your car.
8. If your car is really loud, i.e. does not fit within the SCCA rules of 100db, then put a muffler on. If
you have to question whether your car loudness is close to the limit, then put the muffler on.
9. One portable toilet will be provided (rented by AZBR). Please keep it clean.
10. The site is an active airport and any FOD (Foreign Object Debri), from a Kleenex to a water bottle, is
dangerous to the operating aircraft and to our future use of the site. Contain your own trash and pick
up anything you see. There will be garbage cans on site. Use those or take trash off site when you
leave.
11. If an aircraft taxis on the either of the two taxi ways immediately adjacent to the course, the event
will be stopped until the aircraft is clear of the area. If you are in the middle of a run you will get a re-
run. This is not a likely scenario, but be prepared in case it happens.
EXHIBIT D
SOLO EVENT SAFETY PLAN, Continued
SOLO EVENT SAFETY PLAN
ARIZONA BORDER REGION - SPORTS CAR CLUB OF AMERICA I
i
,
1. EVENT PERSONNEL
Solo Events Chairman: Robert Rockefeller
Solo Safety Steward: To be determined for each event
Regional Executive: David Rock
2. INSURANCE
Certificate of Policy & Sanction number: Posted at each event
SCCA Emergency contact: SCCA Risk Management: 1 -800- 770 -9994 (Pete Lyon)
Risk management report forms: Filed in trailer
3. SITE FIRST AID
First aid kit located in trailer
4. SITE EMERGENCY EQUIPMENT
Fire extinguishers located at all worker stations and timing trailer.
Hydraulic jacks located at David Rock and Robert Rockefeller paddock sites.
Wheel dollies located at timing trailer.
Fire Station on 6625 North Sandario Road
5. COMMUNICATION
Cell phones at event site
6. EMERGENCY FUNCTIONS
Marana Airport: Emergency Medical Service 911
Picture Rocks Fire District 911
Marana Police Department 911
7. SOLO SITE CONTACTS
SCCA
Regional Executive — Dave Rock (520)481 -8389
Solo Director — Rob Rockefeller (520)907 -4797
MARANA REGIONAL AIRPORT
Manager — Orville Saling (520)382 -2508
Coordinator — Galen Beem (520)437 -6220
SITE SECURITY AND COURSE
• Verify waiver worker position is in place at inner gate
• Verify course design, layout, and safety distances meet SCCA guidelines
• Review and approve site and course layout with designated Solo Safety Steward(s)
DRIVERS MEETING
• Emphasize safety related issues concerning the entire event:
All participants must sign insurance waiver and wear wrist band
No small children or pets in grid area
Drive at walking speed in paddock and grid (when not on course)
Slow down after exiting course
Red flag procedures for drivers and course workers
Course worker safety procedures t
Driver safety responsibilities: Stop for any safety related issue, don't wait for a red flag
Responsible driving while off site
Page 1 of 3 2/17/11
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SOLO EVENT SAFETY PLAN, Continued :
COMPETITOR'S DNF (Did Not Follow or Finish Course) I
• Stop the event if required to address the situation
• Direct competitor off course
• Assist competitor with course following instructions before their next timed run
SPECTATOR TRESPASSES ON COURSE
• Stop cars on course, and stop the event if required to address the situation
• Escort individual off of the course
• Explain site use and granted permission to use site
• Consult Solo Safety Steward before restarting event
COMPETITOR'S MECHANICAL DNF (Did Not Finish due to car problems)
• Stop the event if required to address the situation
• Determine that no injury exists, or refer to "INJURY" category below
• Clear car from course, clean debris if needed, replace course markings
• Notify competitors if slippery condition exists
• Re- inspect car if competitor makes repairs and wants to make next run
• Tech inspector notify timing / scoring of approval to run car
SEVERE WEATHER
• Heavy rain making it difficult for competitors to stay on course: Stop event until visibility
improves. Re -apply course marking if applicable
• Thunderstorm or lightning strike within % mile: Stop event and bring all workers off of the
course. Take appropriate shelter. Wait 10 minutes from last near by lightning strike.
• Solo Safety Steward(s) and Event Chairman will determine when to resume competition.
Notify timing / scoring of approval to continue.
PROPERTY DAMAGE (as required):
• Stop the event if required to address the situation
• Determine no injury exists, or refer to "INJURY" category below
• Clear car from course, clean debris if needed, replace course markings
• Notify airport if there is injury or site damage (Galen /Orville)
• Get all data to complete SCCA accident report
• Notify SCCA risk management by telephone. See separate SCCA reporting procedure
• Re- inspect car if competitor makes repairs and wants to make next run
• Tech inspector notify timing / scoring of approval to run car
• Consult Solo Safety Steward(s) before restarting event: review course and overall situation
• Solo Safety Steward(s) and Event Chairman will review entrant's request to continue in
the competition. Notify timing / scoring of approval to continue.
INJURY (as required):
• Stop the event if required to address the situation.
• Apply immediate first aid.
• If more than a simple band -aid is required, follow steps listed below.
• Transport individual to care facility, or call for ambulance if required.
• Notify "Emergency Contact" as identified on competitor's registration form.
• Notify Emergency medical service if required (send someone to street gate to help guide
i
vehicles in)
• Notify Police if required (send someone to street gate to help guide vehicles in)
Page 2 of 3 2/17/11
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SOLO EVENT SAFETY PLAN, Continued f
• Notify airport (Galen /Orville) }(
• Get all data needed to complete SCCA accident report =
• Notify SCCA risk management by telephone. See separate SCCA reporting procedure
• Consult Solo Safety Steward(s) before restarting event: review course and overall situation
• Chief Safety Steward and Event Chairman will review entrant's request to continue in
the competition after treatment of injury. Notify timing / scoring of approval to continue.
FIRE (as required):
• Stop the event if required to address the situation
• Determine that no injury exists, or refer to "INJURY" category above
• Use extinguishers at site
• Call Fire Department if required. (send someone to street gate to help guide vehicles in)
• Notify Police if required (send someone to street gate to help guide vehicles in)
• Notify airport (Galen /Orville)
• Get all data needed to complete SCCA accident report
• Notify SCCA risk management by telephone. See separate SCCA reporting procedure
• Re- inspect car if competitor makes repairs and wants to make next run
• Tech inspector notify timing /scoring of approval to run car
• Consult Solo Safety Steward(s) before restarting event: review course and overall situation
OTHER (Any situation Involving Non - Entrant)
Identify category as: INJURY or PROPERTY DAMAGE. Treat situations as defined above
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