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HomeMy WebLinkAboutResolution 2003-096 MOU for financing municipal northwest fire stationMARANA RESOLUTION NO. 2003-96 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AND THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH NORTHWEST FIRE DISTRICT CONCERNING THE FINANCING OF THE MARANA MUNICIPAL COMPLEX FIRE STATION AND THE ACQUISITION AND OWNERSHIP OF THE MARANA MUNICIPAL FIRE STATION SITE. WHEREAS, the Town of Marana and Northwest Fire District emered into an Intergovernmental Agreement on June 2, 1998, recorded in the Pima County Recorder's office at Docket 10822 Page 1658 (the "1998 IGA") which, among other things, the 1998 IGA provided terms and conditions for the construction of a new fire station at the Marana Municipal Complex (the "MMC Fire Station"); and WHEREAS, the 1998 IGA anticipated that the MMC Fire Station construction would be financed as part of a larger Marana Municipal Property Corporation ("Marana MPC") bond issue used to finance the Marana Municipal Complex; and WHEREAS, the District has now determined that using an alternate method to finance the construction of the MMC Fire Station would be in the District's best interests; and WHEREAS, the Mayor and Council find that it would be prudent to revise the 1998 IGA for consistency with the Parties' current anticipated plans relative to the MMC Fire Station; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Town of Marana to enter into and the Mayor to execute a Memorandum of Understanding with the Northwest Fire District, modifying the 1998 IGA by, among other things, eliminating the Town's obligation to construct the MMC Fire Station with bond funding issued by the Marana MPC, in accordance with the specific terms and in the form presented to the Mayor and Council concurrently with this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of August, 2003. _ _ . Mayor BOBBY SUTTON, JR. ~5'~elyn C. t!lronson, Town Clerk r~ ~ as s~'17° xr'~n A~Y~ Marana Resolution No. 2003-89 Original 1 of 2 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town") and NORTHWEST FIRE DISTRICT, a special taxing district of the State of Arizona (the "District"). The Town and the District are sometimes collectively referred to as the "Parties." RECITALS A. The Parties entered into an Intergovernmental Agreement on June 2, 1998, recorded in the Pima County Recorder's office at Docket 10822 Page 1658 (the "1998 lOA"). B. Among other things, the 1998 lOA provided terms and conditions for the construction of a new fire station at the Marana Municipal Complex (the "MMC Fire Station"). C. The 1998 lOA anticipated that the Town of Marana Municipal Property Corporation (the "Marana MPC"), an Arizona non-profit entity, would sell bonds to finance the construction of the MMC Fire Station as part of a larger bond issue involving certain Town government facilities. D. The District has now determined that using an alternate method of financing the construction of the MMC Fire Station would be in the District's best interests. E. This MOU is intended to modify the 1998 lOA for consistency with the Parties current anticipated plans relative to the MMC Fire Station. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this MOU, the Parties hereby agree as follows: 1. Size of the MMC Fire Station Site. The MMC Fire Station shall be constructed on the approximately two acre site described in Exhibit A (the "MMC Fire Station Site"). 2. Acquisition and Ownership of the MMC Fire Station Site. As of the date of this MOU, the MMC Fire Station Site is owned by a partnership that is not a party to this MOD. The Parties anticipate that the partnership will transfer ownership of one acre of the MMC Fire Station Site to the Town by separate agreement and that the District will acquire approximately one additional acre of property from the partnership for the MMC Fire Station Site, making it a total of about two acres. The Town will transfer ownership of the Town-acquired portion of the MMC Fire Station Site to the District within thirty days after receiving title from the partnership. 3. Financing of the MMC Fire Station and Site Acquisition and Construction. The District will finance the acquisition and construction of the MMC Fire Station Site using financing not involving the Town or the Marana MPC. 4. Modification of the 1998 IGA. This MOU amends and supercedes the 1998 lOA to the extent the terms of this MOU differ from the terms of the 1998 lOA. TOWN OF MARANA INoRTHWEST FIRE DISTRICT - 1 - MEMORANDUM OF UNDERSTANDING 08/08/2003 9: 15 AM ,;. 5. Intergovernmental Agreement. This MOU is an intergovernmental agreement entered into under the authority of A.R.S. S 11-852. 6. Effective Date and Duration. This MOU shall be effective on the date it is recorded at the Pima County Recorder's office (A.R.S. S 11-952.0), and shall remain in effect until the District fully satisfies all of its financial obligations under the 1998 lOA and this MOU or until the fiftieth anniversary of the effective date of this MOU, whichever occurs first. 7. Notices. All notices, requests and other communications under this MOU shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 13251 N. Lon Adams Road Marana, Arizona 85653-9723 (520) 682-3401 Fax (520) 682-9026 If to the District: NORTHWEST FIRE/RESCUE DISTRICT Attn: Fire Chief 5225 W. Massingale Road Tucson, AZ 85743 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 8. Miscellaneous. (A) This MOU may not be modified except in a writing signed by both of the Parties. (B) Time is of the essence of this MOU. (C) This MOU shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this MOU or to obtain any remedy with respect to this MOU shall be brought in the Pima County Superior TOWN OF MARANA INoRTHWEST FIRE DISTRICT - 2 - MEMORANDUM OF UNDERSTANDING 08/08/2003 9: 15 AM Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction ofthe Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this MOU or if a dispute arises concerning the meaning or interpretation of any provision of this MOU, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this MOU, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this MOU are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this MOU. (F) This MOU may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (0) This MOU shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this MOU shall in any way relieve the assignor of its obligations under this MOU. (R) This MOU is subject to A.R.S. S 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the last date set forth below their respective signatures. TOWN: DISTRICT: THE TOWN OF MARANA, an Arizona municipal corporation NORTHWEST FIRE DISTRICT, a special taxing district of the State of Arizona By: By: (/~~ Date: S II /1!~3 , I bind~ Ctnistal'flSrsoH V'I vICe 8.0. }:.t>r VI(e Chairman of the Board Date: I ~ Au 7 v> J-. 2.t>t> S ATTEST: ATTEST: ~~d, Lee Mellor, Clerk ofthe Board TOWN OF MARANA INoRTHWEST FIRE DISTRICT MEMORANDUM OF UNDERSTANDING - 3 - 08/08/2003 9: 15 AM ATTORNEY CERTIFICATION The undersigned attorneys for the Town of Marana and the Northwest Fire District have determined, each as to their respective client only, that this MOU is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana and the Northwest Fire District TOWN OF MARANA INoRTHWEST FIRE DISTRICT 72m tcI&.---M ,~ Donna M. Aversa, Attorney for the District - 4- MEMORANDUM OF UNDERSTANDING 08/08/20039:15 AM ,.f t. Augu. 03, 2003 WLB No. 199049-8-001-1003 W:\LEGALS\199049\Fire-north.doc lt1~ Grou~ Inc. Exhibit A LEGAL DESCRIPTION MARANA TOWN HALL FIRE STATION NORTH That portion of the Northwest One-Quarter (NW 1/4) of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the Northeast comer of said Northwest One-Quarter (NW 1/4); THENCE S 00036'55" E, along the East line of said Northwest Quarter (NW 1/4), 207.50 feet, to a line being the North 207.50 feet of said. Northwest Quarter (NW 1/4); THENCE S 8~15'53" W, along said line a distance of 1166.72 feet to a point of non- tangent curve, a radial line through said point bears N 89015'53- E; THENCE Southerly along the arc of said curve to the right, having a radius of 455.00 feet; a central angle of 16056'50", for an arc length of 134.58 feet to a point tangency; THENCE S 16012'43" W, 253.81 feet to the POINT OF BEGINNING THENCE continue S 16012'43" W, 27.98 feet to a point of curvature of tangentconcave to the East; THENCE Southerly along the arc of said curve to the left, having a radius of ~5.oo feet, a central angle of 10041'26", for an arc distance of 101.69 feet to a non-tangent line; . THENCE S 89026'48" W, 333.06 feet; THENCE N 00033'12" W, 126.33 feet; THENCE N 89026'48" E, 361.24 feet to the POINT OF BEGINNING. CONTAINING 1.00 acre of land, more or less. 1 ~ 1 I: Prepared by: THE WLB GROUP, INC. - 4 Jack A. Buchanan, RLS JAB:teg r1 L. 1 ') E Page 1 of 1 o f~ .. August 03, 2003 WLB No. 19904&&001-1003 W:\LEGAlS\199049\FIre-south.doc lt1~ GrouQ Inc. Exhibit A LEGAL DESCRIPTION MARANA TOWN HALL FIRE STATION SOUTH That portion of the Northwest One-Quarter (NW 1/4) of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described. as follows: COMMENCING at the Northeast comer of said Northwest One-Quarter (NW 1/4); THENCE S 00036'55" E, along the East line of said Northwest Quarter (NW 1/4), 207.50 feet, to a line being the North 207.50 feet of said Northwest Quarter (NW 1/4); THENCE S 8go15'53" W, along said line a distance of 1166.71 feet to a point of non- tangent curve, a radial line through said point bears N 89015'53- E; THENCE Southerly along the arc of said curve to the right, having a radius of 455.00 feet; a central angle of 16056'50", for an arc length of 134.58 feet to a point tangency; THENCE S 16012'43" W, 281.79 feet to a point of curvature of tangent concave to the East; THENCE Southerly along the arc of said curve to the left, having a radius of 545.00 feet, a central angle of 10041'26", for an arc distance of 101.69 feet to a point on said curve being the POINT OF BEGINNING; THENCE: continue Southerly along said curve to the left, having a radius of 545.00 feet, a central angle of 06004'29", for an arc distance of 57.78 feet to a point of tangency; THENCES 00033'12" E, 74.15 feet; THENCE S 89026'48" W, 330.00 feet; THENCE N ooo33'12"W, 131.83 feet; THENCE N 89026'48" E, 333.06 feet to the POINT OF BEGINNING. 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