HomeMy WebLinkAboutResolution 2014-032 land/facility use agreement with the AZ state forestry division at the airportMARANA RESOLUTION NO. 2014-032
RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING
THE MAYOR TO EXECUTE A LAND/FACILITY USE AGREEMENT BETWEEN THE TOWN
OF MARANA AND THE ARIZONA STATE FORESTRY DIVISION FOR USE OF THE
AIRPORT AS AN AIR TANKER BASE FOR FIRE SUPPRESSION ACTIVITIES DURING FIRE
SEASON
WHEREAS A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana to
undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve,
maintain, operate and regulate an airport; and
WHEREAS the Arizona State Forestry Division desires to use property at the Marana
Regional Airport as an air tanker base for fire suppression activities in Southern Arizona during the
fire season; and
WHEREAS the Town Council finds that entering into the Land/Facility Use Agreement with
the Arizona State Forestry Division is in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Land/Facility Use Agreement between the Town of Marana and the
Arizona State Forestry Division attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of
the Town.
SECTION 2. 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 obj ectives of
this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this l day of April, 2014.
i� '
Mayor Ed onea
ATTEST:
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• - ,` : � � •
Resolution No. 20 �t-032
APPROVED AS TO FORM
ARIZONA STATE FORESTRY DIVISION
LAND/FACILITY USE AGREEMENT
Agreement##: `f � • -`Lj
Resource Order #:
The Town of Marana, as ow��er of the property described herein (the "Owner"), agrees fo funiish die
described laud or facilities (the "Property) ro the Arizona State Foi•est�y Divisio�i (the "State") for use as a
single engine air tanker base for lire suppression activities (the "I3ase"). This agreement shall remain in
effect fi•om the date of signature by the parties ui�til Marcl� 31, 2016, tuiless it is terminated sooner pursuant
to the terms of this agreen�ent. Any changes to this agreement shall be inade in writing and sig►�ed by both
parties.
DESCRIP'I'ION OF PROPER'TY/I�ACIW'I'IGS: The Properly is described as follows: tliat certain real
property at the Marana Regional Airpart, located at 11700 W. Avra Valley Road, Mat•ana, Arizona,
consistiug of an approximately 8,925 square foot pad (245 feet x 105 feet x 35 feet x 80 teet x 210 feet x 25
feet) on the northwest portion of the helicopter ramp area, west oPTaxiway n. ildditionally, aircral� can be
parked on the main parking ramp located northwest of the helicopler ramp. Che Yropert�y is moce
particulat•ly shown in the location map attacl�ed to and incorporated in this agreement as rxhibil A.
USE: The State shall use the Pt•operty as an Air Operations staging and retardant loading base Por sii�gle
engine air tankers, ligl�t fixed wing aerial support aircraft and helicopters for fiire suppres�ion activilies
during the fire season. The "tire season" is typically defined as May through .iuly each year, but the State
may occupy the Property earlier or later in the year as the State determines is necessary for tire suppression
acfivities. The State shall notify the Town when the State intends to occupy the Property. The allowed uses
under this agreement shall incluci� dle use ofi ramp space as identified for N�e operations a��d stagiilg of
aerial fiire suppression and support aircraft i�icluditig; sitlgle e��gine air tankers, helicopters and other
support aircraf� that may require tie down ai•eas parked on the Property by the State or tt�e State's
contractors far tire suppression activitie�. Additionally, the State �hall be permitted to setup temporary
mobile office buildings/trailers and support equipment as needed to aupport� aerial frefghting activities.
Under no circumstanees may lhe State (a) usc or permit the use of the Property for any purpose other tl�an
for the purposes described ii� this agrcement, (b) cause or permit waste o1' tlle Pt•operty or (c) adversely
aftect the Owner's title and rights to the Property, including any watei rights or any other rights owned oi•
claimed by the Owner.
The State shall make no struchrral or elech modifications, paii�ting or other alterations to tl�e Property
unless approved in advance
TF,RMINA'I70N: This agreement may be tet•minated by mulual wi•itle�i agreen�ent of the parties or by
anci at the sole discretion of t11e Owner. If terininateci by tlie Ow��er, the Owner shall give the State at l�asl
60 calendar days' written notice of termination, unless the Owner determines that a shorter period of notice
is necessary in order to address an iu�tnitient health or safety issue.
ENVIRONMEN"I'AL IMPACT: 'The State, at its own expense, shall ensure thaC lhe State and the State's
ageuts, employees, contractors, and invitees comply with �ll present and hereafter enacteci l;nvironmental
Laws, and any amendments thereto, affecting operatio��s on tl�e Property. ° Environment�l Law�" means
any �nd all laws, rules, regulations, regulatory agency guidance and policies, ordin�nces, applicable court
decisions, and aiiport guid�nce doctiments, directives, policies (whethet e��acted by any local, state or
federal gover�lmental authority) now in effect or hereafter enacted that deal with the regulation or
protection of tl�e environment (including the ambient air, ground water, strrtace water, waste handling and
disposal, and land use, including sub-sd�ata land), or witll the �;eneration, storage, dis}�osal or iise of
cl�emicals or substances that could be detrimental to human health, the workplace, the public welPare, or the
en viron m en t.
'The State sh�ll be responsible for cleaning up a��y fire retardant or fiiel spills associated with the State's use
and occupation of the Property.
INDF.MNII�ICA'1'ION: 7�he State shall defend, indemnify and holc� harmless the Owner, its ofticers,
agents, and employees fi•om and agai��sf aiiy �nd all claims, demands, causes of action, com�laints, suits,
losses, damages, injuries, aud liabilities whatsoever (including those fior costs, expenses, and attorneys'
fees) arising out of the State"s use of the Property or tl�e State's negligent acts or omistiions in connection
with fhis �greement.
INSURANCF,: The parCies understaiid ai�d agree t.hat the State's contractors are required to provide
evidence of in�urance to the State pursuant to written co►�tract with Clie State. Tlie State sl�all require those
contractors who use the Property pursuant to fhis agreeu�ent� to (a) name the Owner as an additional insured
in the contractor's insurance policies a��d (b) provide the Owner with certificates of insurance and additional
insured endorsements evidencing the minimum coverages required under the contractors' contracts with the
State.
COMPLIANCE WITH LAWS: In its use �nd occupaLion of the Property, the State shall abide by all
existin�; laws of tl�e State of Arizona, County of Pirna and Town of Marana ai�d all regulations of the
Fecieral Aviation lldministration, as they rnay be amended from time to time.
[NSPECTION: A pre-use and post-use inspection of Lhe property will be co��ducted and docuuiented by
both the Owner and the State to assess possible damage tl�at may occur during occupancy.
RA'I'E: The Owner agrees to waive any and all Town of Marana rental tees applicable to the St�te's use ofi
the Property, including any tie down and parking feES listed in the 'I'own of M�rana comprehensive tee
schedule. The Property is equipped with a fire hydrant and water meter. The State sh111 transfer water and
electric utilities for the Property into the State's name and the State shall be responsible for paying all w�ter
and electric utility bills directly to the utility providers dui the time tlie State uses and occupies tl�e
Propet•ty. In additioti, the State, at its own expense, shall clean and restore th� Property to pre-use
conditions at tl�e cnd of each fire season.
LOSS, DAMAGE OR DESTRUCTION: The State �ssumes liabilily for the loss, damage, or desG•uction
of t11e Property or tl�e Owner's equipmenl on the Property, provided Ch�t no reimburseme�it will be made
fbi• loss, damage, or destruct�ion when due to (1) ordinary wear and tear, or (2) the fault of neglige��ce of tl�e
Owner or Owner's agents.
TOWN OF MARANA ARIZONA S"I'ATE FOR�STRY DIV[SION
Name: `; U Ne+ /�'� t1 Name ot' Representative: 1 r �,v ��- ��►"� �ai%�l
Title: �I�I�O�� / ,i "I'itle:�f�:Y�i'lin�� �('P�-/'�i�h�'SS ��nc�2
' �-��'G �' i"�
Signature: ��E' � /r � �� Signatui•e: �y��Zlr-. �/����
Date: �/� �/ � Date: � j ' � - Z � � �
Address: //� 55 �it�� •�:i t/+�- C'E'nt� r� �+�'
c�t s��ce,z�p: Nl�ram��, �z �'`�4= �
Daytime Phone: S�O 3fl•�-I �?�7�1
Email: C j�0�1C�C c`�i 11'�rzrtvna�(c�M
Phone: � � �3✓� �'��fl�'
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