HomeMy WebLinkAboutResolution 2021-152 Approving and Authorizing the Mayor to sign the First Amendment to Marana Regional Airport Lease Agreement with The J.D. Russell CompanyMARANA RESOLUTION NO. 2021-152
RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING
THE MAYOR TO SIGN THE FIRST AMENDMENT TO MARANA REGIONAL AIRPORT
LEASE AGREEMENT WITH THE J.D. RUSSELL COMPANY FOR THE LEASE OF
APPROXIMATELY 0.26 ADDITIONAL ACRES OF REAL PROPERTY LOCATED AT THE
MARANA REGIONAL AIRPORT, 11700 WEST AVRA VALLEY ROAD
WHEREAS the Town of Marana owns the Marana Regional Airport located at 11700 W.
Avra Valley Road, Marana, Arizona 85653 (the "Airport"); and
WHEREAS A.R.S. § 28-8411 authorizes the Town Council to undertake all activities
necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate
and regulate the Airport; and
WHEREAS on June 16, 2020, the Town Council approved Marana Resolution No. 2020-
066, authorizing the Mayor to sign the Marana Regional Airport Lease Agreement with The J.D.
Russell Company ("J.D. Russell") to allow J.D. Russell to use approximately 35,588 square feet
or 0.817 acres generally located on the east side of the Airport for aeronautical uses, as those uses
are defined and approved by the United States Federal Aviation Administration ("FAA"); and
WHEREAS the Mayor and Council find that entering into the First Amendment to Marana
Regional Airport Lease Agreement with J.D. Russell to expand the leased area by approximately
11,388 square feet or 0.26 acres 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: The First Amendment to Marana Regional Airport
Lease Agreement between the Town of Marana and The J.D. Russell Company, substantially in
the same form attached to and incorporated by this reference in this resolution as Exhibit A, is
hereby approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the
Town of Marana, and 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 agreement.
Resolution No. 2021-152
00078330.DOCX /1 11/17/20219:31 AM DU
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7th day of December, 2021.
Mayor Ed Honea
ATTEST -
Cherry L s n, Town Clerk
M ARA A AZ
ESTABLISHED 1977
Resolution No. 2021-152
00078330.DOCX /1
APPROVED AS TO FORM:
airall, Town Attorney
11/17/20219:31 AM DU
FIRST AMENDMENT TO MARANA REGIONAL AIRPORT
LEASE AGREEMENT
This FIRST AMENDMENT TO MARANA REGIONAL AIRPORT LEASE AGREEMENT (this Firs t
Amendment") is made and entered into by and between the TOWN OF MARANA, an
Arizona municipal corporation (the "Lessor"), and THE J.D. RUSSELL COMPANY, a
Michigan corporation (the "Lessee"). The Lessor and Lessee are sometimes collectively
referred to as the "Parties," either one of which is sometimes individually referred to as
a "Pa "
rtY•
RECITALS
A. Lessor and Lessee are parties to that certain lease agreement entitled "Marana
Regional Airport Lease Agreement" made and entered into on June 17, 2020, (the
"Lease"), by which Lessor leases to Lessee a certain portion of real property located at
the Marana Regional Airport, 11700 West Avra Valley Road, Town of Marana, County
of Pima, State of Arizona (the "Property").
B. The Property is more particularly described in the legal description and map
attached to and incorporated by reference within the Lease as Exhibit A.
C. Article 31 of the Lease provides that the Lease may not be modified except in
writing by the Parties.
D. The Parties desire to amend the Lease to add additional real property to the
Property that is the subject of the lease, as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this First Amendment as though fully restated here, and the mutual covenants set
forth in the Lease and this First Amendment, the Parties hereby agree as follows:
1. Leased Property. Article 1 ("Leased Property") of the Lease is hereby amended to
revise the description of the Property that is the subject of the Lease to add a parcel of
land consisting of approximately 11,388 square feet or .26 acres, as described and
depicted in the legal description and map attached to this First Amendment as Exhibit
1, and incorporated by this reference within the Lease. The addition of this parcel to the
Property increases the acreage of the Property from approximately 35,588 square feet or
.817 acres to approximately 46,976 square feet or 1.077 acres.
00076214.DOCX /6 10/ 11 /2021152 PM
FIRST ANIENDMENT TO MARANA REGIONAL AIRPORT LEASE AGREEMENT: TI IE J.D. RUSSELL COMPANY
- 1 -
2. Effective Date of First Amendment. This First Amendment shall be effective as of the
date of the signature of the last Party to sign this First Amendment.
Recordation. This First Amendment will not be recorded.
4. Other Terms and Provisions. All other terms and provisions of the Lease and its ex-
hibits not specifically changed by this First 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
First Amendment unless otherwise expressly stated.
5. Entire Agreement. This First Amendment constitutes the entire agreement between
the parties pertaining to the subject matter of this First Amendment. All prior and con-
temporaneous agreements, representations and understandings of the Parties, oral or
written, are hereby superseded and merged in this First Amendment.
6. Severability. If any provision of this First Amendment is declared illegal, invalid or
unenforceable, in whole or in part, under present or future laws, it shall be severed
from the remainder of this First Amendment, which shall otherwise remain in full force
and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added
automatically as part of this First Amendment a provision as similar in terms to the
illegal, invalid or unenforceable provisions as may be possible and still be legal, valid
and enforceable, and this First Amendment shall be deemed reformed accordingly.
7. Governing Law. This First Amendment is entered into in Arizona and shall be con-
strued and interpreted under the laws of Arizona, and any actions to enforce or inter-
pret the terms and provisions of this First Amendment shall be brought and maintained
in Pima County, Arizona.
8. Interpretation. This First Amendment has been negotiated by Lessor and Lessee,
and neither Party shall be deemed to have drafted this First Amendment for purposes
of construing any portion of this First Amendment for or against any Party.
[Signature Page Follows]
IN wrrNESS WHEREOF, the Parties have executed this First Amendment as of the
last date set forth below their respective signatures (the "Effective Date of this First
Amendment").
00076219.DOCX /6 10/ 11 /20211:52 PM
FIRST AMENDMENT TO MARANA REGIONAL AIRPORT LEASE AGREEMENT: THE J.D. RUSSELL COMPANY
-2-
The "TOWN":
The "LESSEE":
TOWN OF MARANA, an Arizona municipal THE J.D. RUSSELL COMPANY, a Michigan
corporation corporati n
By:
44
Ed Hon a, Mayor Nichola - H. Dai a, President CEO
Date:_ / ?t,; z _ _ Date: 14. �z/
ATTE .
Cherry V Lawson, own Clerk
APPR AS TO FO
J e airall, Town Attorney
STATE OF _ Nf 1zor\o,.
-`--SS.
County of T- tbQ!....
The foregoing instrument was acknowledged before me on ClLk 121= by
Nicholas H. Danna, the President/CEO of THE J.D. RUSSELL COMPANY, a Michigan
corporation, on behalf of the corporation.
(Seal)
!' :••rcmla ht: Heuser
Public -ARIZONA
Notary Public
i 1NM COUNTY
Pamela M. Reuser
Commission No. 598610
Notary Punic - ARIZONA
ern ,ussaon Expires 4/14/2025
PIMA COUNTY
~�
LIST OF EXHIBPI'S
Commission No. 598610
My Carnmis iM Eras 4/1412025
Exhibit l: Legal Description and Map of 11,388 Square Foot Parcel Added to Leased
Property
000i6219.DOCX /6 10/11/2021 152PM
FIRST AMENDMENTTO MARANA REGIONAL AIRPORT LEASE AGREEMENT: THE J.D. RUSSELL COMPANY
-3-
CYPRESS
1 to First Amendment to Marana Regional Airport Lease Agreement
CYPRESS SITE CONSW'1I,16
eft SURVE'd
t_w CML Sit ENQ1WERING
Job No. 21.080 June 4, 2021
LEGAL DESCRIPTION - LEASE PARCEL
That portion of the parcel described in Docket 11122 at Page 1560, Pima County
Records, located in the Northwest quarter of Section 10, Township 12 South, Range 1 1
East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly
described as follows:
Commencing of the West one-quarter corner of said Section 10, said point being
a 2" brass cap stamped "T.O.M.", from which the Center one-quarter corner of
said Section 10 bears North 89°24'46" East at 2,638.51 feet distant, said point
being 2" brass cap stamped "T.O.M.";
Thence, North 89024'46" East, 2142.14 feet, upon the South line of the Northwest
quarter of said Section 10;
Thence, North 0003514" West, 1798.65 feet to an 80d nail, tagged "LS 24530" at the
South corner of the "5 Acre Plot" Parcel, as described in that non -recorded Legal
Description by Aztec Land Surveying Inc., dated 5/22/2020, being the Point of
Beginning;
Thence, upon the Southeast line of said "5 Acre Plot" Parcel, to a 1/2" rebar tagged
"LS 24530", to the East corner thereof, North 45'06'10" East, 284.70 feet;
Thence, South 44053'50" East, 40.00 feet;
Thence, South 45°06'10" West, 284.70 feet;
Thence, North 44053'50" West, 40.00 feet to the Point of Beginning.
The area of said parcel contains 11,388.0 square feet or 0.26 acres, more or less.
LANyp
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LEGEND NOTE: THIS MAP IS INTENDED
TO PORTRAY A LEASE PARCEL
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STAMPED "T 0 M " A BOUNDARY SURVEY.
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POINT OF '
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N 89'24'46" E 2638.51'
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A LEASE PARCEL
2030 a speedway blvd
OVER A PORTION OF THE N.W. 1/4 OF SECTION 10,
suite #110
T.12 S., R.11 E., G.& S.R.M., PIMA COUNTY, AZ
tucson, arizona
85719
ph: 520.499.2456
PROJECT NO. 21.080 JUNE 4, 2021
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Exhibit A
Resolution No. 2021-152
FIRST AMENDMENT TO MARANA REGIONAL AIRPORT
LEASE AGREEMENT
This FIRST AMENDMENT TO MARANA REGIONAL AIRPORT LEASE AGREEMENT (this "First
Amendment") is made and entered into by and between the TOWN OF MARANA, an
Arizona municipal corporation (the "Lessor"), and THE J.D. RUSSELL COMPANY, a
Michigan corporation (the "Lessee"). The Lessor and Lessee are sometimes collectively
referred to as the "Parties," either one of which is sometimes individually referred to as
a "Party."
rtY•
RECFrALS
A. Lessor and Lessee are parties to that certain lease agreement entitled "Marana
Regional Airport Lease Agreement" made and entered into on June 17, 2020, (the
"Lease"), by which Lessor leases to Lessee a certain portion of real property located at
the Marana Regional Airport, 11700 West Avra Valley Road, Town of Marana, County
of Pima, State of Arizona (the "Property").
B. The Property is more particularly described in the legal description and map
attached to and incorporated by reference within the Lease as Exhibit A.
C. Article 31 of the Lease provides that the Lease may not be modified except in
writing by the Parties.
D. The Parties desire to amend the Lease to add additional real property to the
Property that is the subject of the lease, as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this First Amendment as though fully restated here, and the mutual covenants set
forth in the Lease and this First Amendment, the Parties hereby agree as follows:
1. Leased Property. Article 1 ("Leased Property") of the Lease is hereby amended to
revise the description of the Property that is the subject of the Lease to add a parcel of
land consisting of approximately 11,388 square feet or .26 acres, as described and
depicted in the legal description and map attached to this First Amendment as Exhibit
1, and incorporated by this reference within the Lease. The addition of this parcel to the
Property increases the acreage of the Property from approximately 35,588 square feet or
.817 acres to approximately 46,976 square feet or 1.077 acres.
00076219.DOCX /6 10/ 11/20211:52 PM
FIRST AMENDMENT TO MARANA REGIONAL AIRPORT LEASE AGREEMENT: THE J.D. RUSSELL CONTANY
- 1 -
Exhibit A
Resolution No. 2021-152
2. Effective Date of First Amendment. This First Amendment shall be effective as of the
date of the signature of the last Party to sign this First Amendment.
3. Recordation. This First Amendment will not be recorded.
4. Other Terms and Provisions. All other terms and provisions of the Lease and its ex-
hibits not specifically changed by this First 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
First Amendment unless otherwise expressly stated.
5. Entire Agreement. This First Amendment constitutes the entire agreement between
the parties pertaining to the subject matter of this First Amendment. All prior and con-
temporaneous agreements, representations and understandings of the Parties, oral or
written, are hereby superseded and merged in this First Amendment.
6. Severability. If any provision of this First Amendment is declared illegal, invalid or
unenforceable, in whole or in part, under present or future laws, it shall be severed
from the remainder of this First Amendment, which shall otherwise remain in full force
and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added
automatically as part of this First Amendment a provision as similar in terms to the
illegal, invalid or unenforceable provisions as may be possible and still be legal, valid
and enforceable, and this First Amendment shall be deemed reformed accordingly.
7. Governing Law. This First Amendment is entered into in Arizona and shall be con-
strued and interpreted under the laws of Arizona, and any actions to enforce or inter-
pret the terms and provisions of this First Amendment shall be brought and maintained
in Pima County, Arizona.
8. Interpretation. This First Amendment has been negotiated by Lessor and Lessee,
and neither Party shall be deemed to have drafted this First Amendment for purposes
of construing any portion of this First Amendment for or against any Party.
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the
last date set forth below their respective signatures (the "Effective Date of this First
Amendment").
00076219.DOCX /6 10/11/2021152PM
FIRST AMENDMENT TO MARANA REGIONAL AIRPORT LEASE AGREEMENT: THE J.D. RUSSELL COMPANY
-2-
Exhibit A
Resolution No. 2021-152
The "TowN":
TOWN OF MARANA, an Arizona municipal
corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
STATE OF Arizor\0,,
5S.
County of �} ; tWL= )
The "LESSEE":
THE J.D. RUSSELL COMPANY, a Michigan
corporate n
By: &n/lNicholas H.
H.. -Da a, President CEO
Date:_S�S2. o� l� 2021
The foregoing instrument was acknowledged before me onyz Q=� by
Nicholas H. Danna, the President/CEO of THE J.D. RUSSELL COMPANY, a Michigan
corporation, on behalf of the corporation.
(Seal) (� Y
nt. Heuser _S��LC`.1J1�?+� w
VAa. Public -ARIZONA
Notary Public
i if14A COUNTY Pamela M. Reuser
Commission No. 598610 Notary Public ARIZONA
a,;"*,ifssion Expires 4/14/2025 PIMA COUNTY
LIST OF EXHIBITS Commission No. 598610
My Commission Expires 411412025
Exhibit 1: Legal Description and Map of 11,388 Square Foot Parcel Added to Leased
Property
00076219.DOCX /6 10/ 11 /20211:52PM
FIRST AMENDMENT TO MARANA REGIONAL AIRPORT LEASE AGREEMENT: THE J.D. RUSSELL COMPANY
-3-
Exhibit A
Resolution No. 2021-152
Exhibit 1 to First Amendment to Marana Regional Airport Lease Agreement
CYPRESS
CIVIL
SITE CONSULTINU
SURVEY
SI1 E ENG(NEERING
Job No. 21.080 June 4, 2021
LEGAL DESCRIPTION - LEASE PARCEL
That portion of the parcel described in Docket 11122 at Page 1560, Pima County
Records, located in the Northwest quarter of Section 10, Township 12 South, Range 11
East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly
described as follows:
Commencing at the West one-quarter corner of said Section 10, said point being
a 2" brass cap stamped "T.O.M.", from which the Center one-quarter corner of
said Section 10 bears North 89024'46" East at 2,638.51 feet distant, said point
being 2" brass cap stamped "T.O.M.";
Thence, North 89024'46" East, 2142.14 feet, upon the South line of the Northwest
quarter of said Section 10;
Thence, North 0003514" West, 1798.65 feet to an 80d nail, tagged "LS 24530" at the
South corner of the "5 Acre Plot" Parcel, as described in that non -recorded Legal
Description by Aztec Land Surveying Inc., dated 5/22/2020, being the Point of
Beginning;
Thence, upon the Southeast line of said "5 Acre Plot" Parcel, to a'/2" rebar tagged
"LS 24530", to the East corner thereof, North 45'06'10" East, 284.70 feet;
Thence, South 441153'50" East, 40.00 feet;
Thence, South 45006'10" West, 284.70 feet;
Thence, North 44053'50" West, 40.00 feet to the Point of Beginning.
The area of said parcel contains 11,388.0 square feet or 0.26 acres, more or less,
t-�D
41603-15
LU JOHN DAVID
0
REYES,'`
9,P� S'vHRa • �.
/ &2/
CYPRESSCIVIL,COM PHOENIX 4 2)N 12[-St.Sjite2.28,PhoenhxArizona , 01. P 623282.2498
TUCSGN 2030 E Spee%iway 6Iv6., Slit' 110, TUCsrm Ari7pna 85719 P 520499 2456
Exhibit A
Resolution No. 2021-152
LEGEND NOTE: THIS MAP IS INTENDED
TO PORTRAY A LEASE PARCEL
13 FOUND BRASS CAP AND DOES NOT REPRESENT
STAMPED "T.O.M." A BOUNDARY SURVEY.
\s
1/2" REBAR SOp
IS 24530" dof
Ra
SCALE: IN �
1"=6G
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„ LEASE PARCEL
jor1U 11,388.0 S.F.
f
�� 0.26 ACRES
st�,ti � ,mob
S�Sc'SOp• 40.00' hero
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41603 40 0
Op.
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POINT OF BEGINNING p0 w rJOHN DAVID o
80D NAIL REYES
TAGGED "LS 24530"
0I A
Ln 90
Ln
POINT OF '
COMMENCEMENT
W. 1/4 CORNER I
SECTION 10 C. 1/4 CORNER
T12S, R11 E SECTION 10
T12S, R11E
2142.14'_ _49_6.37'
N 89'24'46" E 2638.51'
'^ CYPRESS
C
A LEASE PARCEL
2030 a speedway blvd
OVER A PORTION OF THE N.W. 1/4 OF SECTION 10,
suite #110
tucson, arizona
T.12 S., R.11 E., G.& S.R.M., PIMA COUNTY, AZ
85719
ph: 520.499.2456
e: infofoypresscivil.com
PROJECT NO. 21.080 JUNE 4, 2021