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Home My WebLink AboutResolution 2021-141 Approving and Authorizing the Mayor to Sign a License Agreement Between the Town of Marana and the Marana Health Center Inc allowing the MHC to utilize Certain Properties Owned by TOM for its 2021 Balloonfest Event MARANA RESOLUTION NO. 2021-141 RELATING TO SPECIAL EVENTS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LICENSE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA HEALTH CENTER, INC. ALLOWING THE MARANA HEALTH CENTER TO UTILIZE CERTAIN PROPERTIES OWNED BY THE TOWN FOR ITS 2021 BALLOONFEST EVENT WHEREAS the Marana Health Center(MHC)will be holding its BalloonFest event on November 13, 2021 on properties owned by MHC; and WHEREAS MHC has requested to utilize nearby vacant properties owned by the Town of Marana for event parking and balloon staging; and WHEREAS the Mayor and Council find that approving a license agreement allowing MHC to utilize certain Town-owned properties for its 2021 BalloonFest event 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, as follows: SECTION 1. The license agreement between the Town of Marana and the Marana Health Center, Inc., 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 to sign it for and on behalf of the Town of Marana. 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 objectives of the license agreement. Resolution No.2021-141 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of November, 2021. Mayor d Honea ATTES APPROVED AS TO FORM: dio joie Awe Cherry L. awson, Town Clerk Jan: 'airall, Town Attorney I�r MARANA A. ESTABLISHED 1977 Resolution No.2021-141 LICENSE AGREEMENT CENTER: Marana Health Center,Inc. 13395 N.Marana Main Street Marana, AZ 85653 TOWN: Town of Marana 11555 W.Civic Center Drive Marana,AZ 85653 THIS LICENSE AGREEMENT (this "Agreement"), is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and MARANA HEALTH CENTER, INC., an Arizona corporation, (the "Center"), for the purpose of the Town allowing the Center to use Town property. In consideration of the Center's performance of its obligations under this Agreement,the Town hereby gives permission to the Center to use a portion of the Town's Property(the "Property")as roughly outlined in blue on Exhibit A attached to and incorporated by this reference in this Agreement and described as follows: PIN W365.48'M/L El 341.19'M/L NW4 LYG N&ADJ RD 3.62 AC CMID 3.62 AC SEC 27-11-11 (Tax Parcel 217-37-0590) PIN E550' W1047.30'NW4 LYG N&ADJ RD 12.76 AC CMID 12.76 AC SEC 27- 11-11 (Tax Parcels 217-37-048F) SLY CTRL PIN N2 NW4 2.96 AC CMID 2.96 AC SEC 27-11-11 (Tax Parcels 217-37- 073C) Portion of PTN E2 NW4 LYG E &ADJ RD 18.84 AC CMID 18.83 AC SEC 27-11- 11 (Tax Parcel 217-37-067A) Portions of CTRL MN SE4 NW4 15.02 AC CMID 15.02 AC SEC 27-11-11 (Tax Parcel 217-37-060A) The Center may use all or any of the Property for the purpose of event parking and for balloon staging,as indicated on Exhibit A,for the Center's MHC Foundation BalloonFest event,beginning[Friday November 12,2021]. The Town shall have the right to modify or revoke the Agreement at any time,all on the terms and conditions set forth below,which the Center agrees to comply with and abide by: 00077766.DOCX/1 1. This Agreement shall be binding upon the Center,its heirs,assignees and designees, and every reference to the Center in this Agreement shall include and bind the Center's heirs,assignees and designees. 2. The Center covenants that it shall defend, indemnify and hold harmless the Town, its officers, agents and employees from any and all claims, demands, causes of action, complaints, suits, losses, damages, injuries and liabilities whatsoever (including those for costs, expenses and attorneys' fees) to any person, persons or property arising out of either(1)the use of the Town's Property by the Center,or(2) the negligent acts or omissions of the Center. 3. The Center agrees to maintain general liability insurance for the term of this Agreement in minimum amounts of $2,000,000.00 per occurrence. This insurance shall be kept in force throughout the life of this Agreement. 4. The Center agrees to not hinder Town's business during normal operating hours. Should the Center be required to use space which may impede the Town's business at any time,the Center will coordinate usage with Town's Public Works Department prior to use. 5. This Agreement shall terminate on [Sunday,November 14,2021]. 6. If the Center causes any damage to the Town's Property, the Center shall promptly make and pay for the repairs necessary to restore the Property to its pre-damaged condition. 7. The Center shall abide by all existing laws of the State of Arizona, County of Pima and Town of Marana. 8. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. 9. During the term of this Agreement, the Center agrees to use the Property only for the purposes and event listed above.At all times during the term of this Agreement, the Center agrees to use the Property in keeping with best safety practices. Under no circumstances may the Center (a) use or permit the use of the Property for any purpose other than the purposes described in this Agreement, (b)cause or permit waste of the Property or (c) adversely affect the Town's title and rights to the Property, including any water rights or any other rights owned or claimed by the Town. 00077766.DOCX/1 • 10. At the end of each day of its use of the Property, the Center agrees that it will pick up and properly dispose of all trash and debris deposited on the Property as a result of the Center's activities. 11. At the Center's request, a member of the Town's Public Works Department will be available on the date of event,or sooner,if the Center determines a pre-walkthrough inspection of the parking areas or balloon staging area is warranted. IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the last signature date below. THE CENTER: THE TOWN: MARANA HEALTH CENTER,INC., TOWN OF MARANA,an Arizona municipal an Arizona corporation corporation ,, - / t( gi- t-A- 1 By:„e .1 4, JE< <,,,' ' ;), .. ... _...._..__ By: Dr.Clinton-Ktmtz,CEO Ed Honea,Mayor Date: ,. Date: //—..9""2-0 2/ ATT*� / Town Clerk APPR• , �aASTot FOr : 4 To ' s Attorney [Notary Page Follows] 00077766.DOCX/1 STATE OF Arizona ) ss. County of Pima ) The foregoing instrument was acknowledged before me this 1 4 ' day of C) ,2021 by Dr.elirtton Kuntz,-CE@ of MARANA HEALTH CENTER,INC., an Arizona corporation,on behalf of the corporation. //i i//C ({ ::/-4'/A . (7-2.` (Seal) CHANTAL JOHNSON -• .4111111:�'"" NotaryPublic Arizona •tary Public (4,-„) Plma County . Commission N 598476 My Comm.Expires Mar 17,2025 00077766.00CX/1 Exhibit A to License Agreement ' AMC BalloonFest Layouts for r r t U o �-� 101 ' .. MPlid ; Saturday 11-13-2021 event =Fencing ili -- to t. — • =Event Light Tower Locations 24 R 1 t=Entry/Exit and I.D.Check Locations am=Generator Location . _ X.XX=Portable Toilet Locations 2.446/ 0 ID =Parking Lot Locations and ='1 Parking layout lO Arras/D5 is # d - NerEC• =Handicap Locations - go • Al storsfp=Staff Parking - WA=Stage Location t rood Truck Locations aa • * j lirver Classic Car Locations ' l+orE3 First Responder Display • lif mow W7Ne t/K77M4 T1lTT- + r. •-air +sf lige -i +!/ Event Field to be used by: I e • - - e • Marana SkyDive Event •• Location re • Hot Air Balloons • • • • Fireworks NOTE: Each event occurs r, - .- consecutively and none shall be present while the others are 0 e _ occuring. 44 a. el • d IP o PRi • L Goole F I FT I-a • P R IN 4 ` R