HomeMy WebLinkAboutResolution 2021-084 Authorzing to Execute the Second Amendment to Lease Agreement with Marana Chamber of Commerce, Inc. MARANA RESOLUTION NO. 2021-084
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE SECOND AMENDMENT TO LEASE AGREEMENT WITH MARANA
CHAMBER OF COMMERCE, INC. REGARDING THE LEASE OF TOWN-OWNED
PROPERTY LOCATED AT 13251 N. LON ADAMS ROAD
WHEREAS, on October 6,2020,the Marana Town Council adopted Resolution No.
2020-111, approving a lease agreement between the Town and the Marana Chamber of
Commerce, Inc.; and
WHEREAS, on November 18, 2020, the parties entered into the first amendment
to lease agreement to correctly describe the property where the leased premises are
located; and
WHEREAS the Chamber has requested further revisions to the lease agreement;
and
WHEREAS the Mayor and Council of the Town of Marana find that, the best
interests of Marana and its citizens are served by entering into an amendment to the lease
agreement with the Chamber as set forth in this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, that the Second Amendment to Lease Agreement with
Marana Chamber of Commerce, Inc. attached to and incorporated within this resolution
as Exhibit A is hereby approved in substantially the form as set forth in Exhibit A, and
the Mayor is authorized to sign it for and on behalf of the Town of Marana.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 15th day of June 2021.
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ATT . APPROVED AS TO FORM:
Cherry a son, Town Clerk Jane F.irall,terihnrTown Attorney
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Resolution No. 2021-084
EXHIBIT A
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT (this "Second Amendment") is
entered into by and between the TOWN OF MARANA, an Arizona municipal corporation
(the "Town") and the MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c)(6) non-
profit corporation (the "Chamber"). The Town and the Chamber are sometimes re-
ferred to collectively as the "Parties," either of which is sometimes individually referred
to as a "Party."
RECITALS
A. The Town and the Chamber are parties to that certain lease agreement entitled
"Lease Agreement" made and entered into effective December 1, 2020 (the "Lease"), by
which the Town leases to the Chamber a certain portion of real property. The Lease
was approved by the Marana Town Council on October 6, 2020, through the adoption
of Marana Resolution No. 2020-111.
B. On November 18, 2020, the Parties entered into the First Amendment to Lease
Agreement to correctly describe the Property where the Leased Premises are located.
C. The Parties now to desire to amend the Lease as set forth in this Second Amend-
ment.
AGREEMENT
1. Insurance. Paragraph 17 of the Lease is hereby amended to add new subparagraph
(f) as follows:
f. For any Chamber sponsored or sanctioned event or gathering where alcoholic
beverages will be consumed on Town property, whether sold pursuant to a special
event liquor license or otherwise, Chamber 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 required by this subparagraph (f). As
an additional insured, the Town shall be provided coverage for any liability arising
out of operations performed in whole or in part by or on behalf of Chamber. The
additional insured endorsement form identification number shall also be included
within the description box on the certificate of insurance and the applicable policy
number shall be included on the endorsement.
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2. Default/Termination. Paragraph 27(A)(v) of the Lease is hereby amended to read as
follows:
(A) Immediate Termination of Lease. This Lease may be terminated immediately
by the Town for any of the following:
(v) Chamber permits the consumption of alcohol on the Leased Premises, un-
less the consumption takes place during a Chamber sponsored or sanctioned
event or gathering.
3. Effective Date of Second Amendment. This Second Amendment shall be effective as
of the signature date of the last Party to sign this Second Amendment ("Effective
Date").
4. Other Terms and Provisions. All other terms and provisions of the Lease and its
exhibits not specifically changed by this Second Amendment, shall remain in effect and
be binding upon the Parties as provided for in the Lease. Words and phrases having a
defined meaning in the Lease have the same respective meanings when used in this
Second Amendment unless otherwise expressly stated.
5. Recitals. The recitals set forth at the beginning of this Second Amendment are
hereby acknowledged,confirmed to be accurate, and incorporated here by reference.
6. Entire Agreement. This Second Amendment constitutes the entire agreement
between the Parties pertaining to the subject matter of this Second Amendment. All
prior and contemporaneous agreements, representation and understanding of the
Parties, oral or written, are hereby superseded and merged in this Second Amendment.
7. Governing Law. This Second Amendment is entered into in Arizona and shall be
construed and interpreted under the laws of Arizona, and any actions to enforce or
interpret the terms and provisions of this Second Amendment shall be brought and
maintained in Pima County, Arizona.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF,the Parties have duly executed this instrument below.
THE TOWN OF MARANA, MARANA CHAMBER OF COMMERCE,INC.,
an Arizona municipal corporation an Arizona 501(c)(6) non-profit corpora-
tion
By:
Ed Honea, Mayor By.
Audra Winters, IOM
Date: President/CEO
ATTEST: Date:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
STATE OF ARIZONA )
ss.
County of Pima )
The foregoing instrument was acknowledged before me this day of , 2021
by Audra Winters, President/CEO of MARANA CHAMBER OF COMMERCE,INC.,an Arizo-
na 501(c)(6) non-profit corporation, on behalf of the corporation.
(Seal)
Notary Public
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