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Home My WebLink AboutResolution 2022-034 Approving and Authorizing the Mayor to Sign Land/Facility Use Agreement Between Town of Marana and Arizona Department of ForestryMARANA RESOLUTION NO. 2022-034 RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND/FACILITY USE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT 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 Town Council finds that entering into a Land/Facility Use Agreement with the Arizona Department of Forestry and Fire Management to allow the use of property at the Marana Regional Airport as an air tanker base for fire suppression activities in Southern Arizona during the fire season 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 Land/Facility Use Agreement between the Town of Marana and the Arizona Department of Forestry and Fire Management, 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 execute 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of April, 2022. ATTES r Cherry Law o 1, T n Clerk Resolution No. 2022-034 Mayor Ed Honea APP R=TOFORM: Jaffe irall, Town Attorney J666(� 1 MARANA AZ ESTABLISHED 1977 ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT LAND/FACILITY USE AGREEMENT Agreement #: Resource Order #: The Town of Marana, as owner of the property described herein (the "Owner"), agrees to furnish the described land or facilities (the "Property) to the Arizona Department of Forestry and Fire Management (the "State") for use as a single engine air tanker base for fire suppression activities (the "Base") pursuant to the terms and conditions set forth in this Land/Facility Use Agreement (the "Agreement"). 1. DESCRIPTION OF PROPERTY/FACILITIES: The Property is described as follows: that certain real property at the Marana Regional Airport, located at 11700 W. Avra Valley Road, Marana, Arizona, consisting of an approximately 19,250 square foot pad (175 feet x 110 feet) for aircraft parking on the southwest portion of the helicopter ramp area, west of Taxiway A. Additionally, aircraft can be parked on the main parking ramp located northwest of the Jet Apron if necessary. An area consisting of approximately 22,500 square feet (150'x150') has been designated for the placement of a 30'x76' office trailer and vehicle parking south of the airport perimeter road. The Property is more particularly shown in the location map attached to and incorporated in this Agreement as Exhibit A. 2. TERM: This Agreement shall remain in effect for three years, from April 24, 2022 through April 23, 2023, unless it is terminated sooner pursuant to the terms of this Agreement. 3. USE: The State shall use the Property as a single engine air tanker base for fire suppression activities during the fire season. The "fire season" is typically defined as May through July each year, but the State may occupy the Property earlier or later in the year as the State determines is necessary for fire suppression activities. The State shall notify the Town when the State intends to occupy the Property. The allowed uses under this Agreement shall include the use of tie down space for single engine air tankers parked on the Property by the State or the State's contractors for fire suppression activities. Additionally, the State shall be permitted to park trailers or other mobile building structures on the Property for use as office space for personnel operating out of the Base. The State shall also be permitted to station on the 00062636.DOC /41 Property an Air Attack platform (one airplane) for fire reconnaissance and a helicopter for fire support. a. Under no circumstances may the State (i) use or permit the use of the Property for any purpose other than for the purposes described in this Agreement, (ii) cause or permit waste of the Property or (iii) adversely affect the Owner's title and rights to the Property, including any water rights or any other rights owned or claimed by the Owner. b. The State shall make no structural or electrical modifications, painting or other alterations to the Property. 4. TERMINATION: This Agreement may be terminated by mutual written agreement of the parties or by and at the sole discretion of the Owner. If terminated by the Owner, the Owner shall give the State at least 60 calendar days' written notice of termination, unless the Owner determines that a shorter period of notice is necessary in order to address an imminent health or safety issue. 5. ENVIRONMENTAL IMPACT: The State, at its own expense, shall ensure that the State and the State's agents, employees, contractors, and invitees comply with all present and hereafter enacted Environmental Laws, and any amendments thereto, affecting operations on the Property. "Environmental Laws" means any and all laws, rules, regulations, regulatory agency guidance and policies, ordinances, applicable court decisions, and airport guidance documents, directives, policies (whether enacted by any local, state or federal governmental authority) now in effect or hereafter enacted that deal with the regulation or protection of the environment (including the ambient air, ground water, surface water, waste handling and disposal, and land use, including sub -strata land), or with the generation, storage, disposal or use of chemicals or substances that could be detrimental to human health, the workplace, the public welfare, or the environment. The State shall be responsible for cleaning up any fire retardant or fuel spills associated with the State's use and occupation of the Property. 6. INDEMNIFICATION: The State shall defend, indemnify and hold harmless the Owner, its officers, agents, and employees from and against any and all claims, demands, causes of action, complaints, suits, losses, damages, injuries, and liabilities whatsoever (including those for costs, expenses, and attorneys' fees) arising out of the State's use of the Property or the State's negligent acts or omissions in connection with this Agreement. The indemnification provisions set forth in this Article 6 shall survive termination of this Agreement. 00062636.DOC /42 7. INSURANCE: The parties understand and agree that the State's contractors are required to provide evidence of insurance to the State pursuant to written contract with the State. The State shall require those contractors who use the Property pursuant to this Agreement to (a) name the Owner as an additional insured in the contractor's insurance policies and (b) provide the Owner with certificates of insurance and additional insured endorsements evidencing the minimum coverages required under the contractors' contracts with the State. 8. COMPLIANCE WITH LAWS: In its use and occupation of the Property, the State shall abide by all existing laws of the State of Arizona, County of Pima and Town of Marana and all regulations of the Federal Aviation Administration, as they may be amended from time to time. 9. INSPECTION: A pre -use and post -use inspection of the property will be conducted and documented by both the Owner and the State to assess possible damage that may occur during occupancy. 10. RATE: The Owner agrees to waive any and all Town of Marana rental fees applicable to the State's use of the Property, including any tie down and parking fees listed in the Town of Marana comprehensive fee schedule. The Property is equipped with a fire hydrant and water meter. The State shall transfer water and electric utilities for the Property into the State's name and the State shall be responsible for paying all water and electric utility bills directly to the utility providers during the time the State uses and occupies the Property. In addition, the State, at its own expense, shall clean and restore the Property to pre -use conditions at the end of each fire season. 11. LOSS, DAMAGE OR DESTRUCTION: The State assumes liability for the loss, damage, or destruction of the Property or the Owner's equipment on the Property, provided that no reimbursement will be made for loss, damage, or destruction when due to (1) ordinary wear and tear, or (2) the fault of negligence of the Owner or Owner's agents. 12. MODIFICATIONS: Any changes to this Agreement shall be made in writing and signed by both parties. [SIGNATURE PAGE FOLLOWS] 00062636.DOC /43 IN WITNESS WHEREOF, the parties have executed this Agreement as of the last party's signature date below. The "Owner': THE TOWN OF MARANA, an Arizona mu ipal corporation Ed Honea Mayor -Zo -�-ZPZ Z Date ATTES . Cherry Law on, Town Clerk APPROV AS TO FORM: J airall, Town Attorney 00062636.Doc is 4 The "State": ARIZONA DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT, an Arizona state agency s�,aw� Cok�a� By: — Its: 4,4,n SupfoJ 0pc)fcJtyo5 51�ervIlso� S -ZZ-ZZ Date