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HomeMy WebLinkAboutResolution 2016-127 Approving License Agreement between the Town of Marana and the Marana Heritage ConservancyMAI2ANA RESOLUTION NO. 2016-127 RELATING rrO HERITAGE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO COMMUNITY PARTNER AND LICENSE AGREEMENT MENT BETWEEN THE TOWN OF MARANA AND THE MA.RANA HERITAGE CONSERVANCY WHEREAS in January 2015, the Town Council adopted the Town of Marana Strategic Flan III, identifying Heritage as one of its five focus areas, with the principle statement "we will seek to preserve the unique history and culture of Marana for generations to come" and the stated initiative of collaborating with the Marana Heritage Conservancy to achieve that goal; and WHEREAS the Marana Heritage Conservancy is a not-for-profit organization established to discover, preserve and promote the traditions, cultures, historic places, working landscapes and natural treasures in the Marana sphere of influence through education, preservation, commu- nity events, fundraising and community outreach; and WHEREAS on May 4, 2010, the Town Council adopted Resolution No. 2010 -43, formal- ly endorsing the Conservancy as the Town's designated partner and caretaker of the Town's treasured past and authorizing the Town Manager to provide support and assistance to the Con- servancy; and WHEREAS on January 19, 2016, the Town Council adopted Resolution No. 2016-009, approving a community partner and license agreement between the Town of Marana and the Ma- rana Heritage Conservancy; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into an amendment to the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA.R.ANA., ARIZONA, AS FOLLOWS SECTION 1. The first amendment to community partner and license agreement between the .. 'own of Marana and the Marana Heritage Conservancy in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the agreement, as amended. 00049539. DOCX r I Marana Resolution No. 2016 -127 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th da of November, 2016. AMARANA 77 Ma Ed Honea ATTEST: APPROVED AS TO FORM: kizo .l C ronson, Town Clerk F nk a ic Tow orne I/ 00049539.DOCX /I Marana ReSOILItIon No. 2016-127 -2- FIRST AMENDMENT TO COMMUNITY PARTNER AND LICENSE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA HERITAGE CONSERVANCY THIS FIRST AMENDMENT ( "' Amendment No. 1 ") is entered into by and between the TOwN� of MARANA, an Arizona municipal corporation (the " "Town " ) and the MARANA HERITAGE CONSERVANCY, an Arizona non- profit corporation (the " " "'). The Town and the Conservancy are sometimes collectively referred to in this Amendment No. 1 as the Parties, any one of which is sometimes individually referred to as a Party. RECITALS S A. Effective January 22, 2016, the Parties entered into a Community Partner and Li- cense Agreement (the " "Original Agreement ") for the purposes of cooperating and col- laborating on the presentation and promotion of cultural and heritage- related events and activities in the Town, and preserving the Town's history. B. Paragraph 34(a) of the original Agreement provided that the original Agreement may not be modified except in a writing signed by both of the Parties. C. The Parties now desire to enter into this Amendment No. 1 to the original Agreement to modify the Parties' responsibilities regarding the annual Founders' Day event, and to include provisions regarding beverage vending and liquor liability cover- age. A GREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Amendment No. 1, and in consideration of the terms of the Original Agreement and this Amendment No. 1, the Parties hereby agree as follows: 1. Services to be performed by the Conservancy. Paragraph 2 of the Original Agreement is hereby amended as follows: 1.1. Subparagraph (c) regarding the Conservancy's participation in maj or Town special events is amended to add beverage vending to the list of services that may be provided by the Conservancy for Town, events. 1.2. Subparagraph (d) regarding the Conservancy's Founders' Day services is hereby deleted in its entirety. COMMUNITY PARTNER & LICENSE A G REEMENT AMENDMENT No. 1: MARANA HERITAGE C ONSERVANCY 1 0/ 24/ 201 b jF BE 2. Insurance. Paragraph 18 of the Original Agreement is hereby amended by adding new subparagraph (f) as follows: f. For any event in which the Conservancy sells alcoholic beverages on Town property pursuant to a special event liquor license, the Conservancy shall deliver one or more certificates of insurance evidencing coverage for liquor liability with minimum coverage amounts of $1,000,000 per occurrence/ aggregate. The Town shall be named as an additional insured on the liquor liability insurance policy re- quired by this subparagraph (f). As an additional insured, the Town shall be pro- vided coverage for any liability arising out of operations performed in whole or in part by or on behalf of the Conservancy. The additional insured endorsement form identification number shall also be included within the description box on the certif- icate of insurance and the applicable policy number shall be included on the en- dorsement. 3. Effect of Amendment. Except as expressly modified by this Amendment No. 1, the terms of the Original Agreement shall remain in full force and effect. 4. Effective Date. This Amendment No. 1 is effective when it has been fully executed on behalf of all of the Parties. [SIGNATURE PAGE FOLLOWS] COMMUNITY PAR'T'NER & LTcI ,-NSE AGREEMENT AMENDMENT' No. 1: MARANA HERITAGE CONSERVANCY 10/24/2016 )F -2- IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the last date set forth below their respective si The "Town" TOWN OF M A Ed Honea, Ma Ha t e: // /5 2Q /( ab ATTEST: ceJl BWonson, Town Clerk APPROV AS To FORM', F Cas//i(f To STATE OF Arizona Count of Pima ) ss. The "Conservanc MARANA HERITAGE CONSERVANCY Patrick Nilz, President Date: The fore instrument was acknowled before me this da of _f 2016 b Patrick Nilz, President of MARANA HERITAGE CON- SERVANCY, an Arizona non-profit corporation, on behalf of the corporation. ( Seal) Notar Public COMMUNITY PARTNER & LICENSE AGREEMENT AMENDMENT No. 1: MARANA HERITAGE CONSERVANCY 10/24/2016JF -3-