HomeMy WebLinkAboutResolution 2022-081 Approving and Authorizing the Mayor to Sign the Land/Facility Use Agreement Amendment No. 1 MARANA RESOLUTION NO. 2022-081
RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND
AUTHORIZING THE MAYOR TO SIGN THE LAND/FACILITY USE AGREEMENT
AMENDMENT NO. 1 BETWEEN THE TOWN OF MARANA AND THE ARIZONA
DEPARTMENT OF FORESTRY AND FIRE MANAGEMENT IN ORDER TO CORRECT
A SCRIVENER'S ERROR IN THE ORIGINAL AGREEMENT
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 by Marana Resolution No. 2022-034, the Town Council authorized the
Mayor to sign a Land/Facility Use Agreement between the Town of Marana and 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 fire season; and
WHEREAS Town staff recently discovered a scrivener's error related to the term
of the agreement; and
WHEREAS the Town Council finds it is in the best interests of the Town and its
citizens to enter into the Land/Facility Use Agreement Amendment No. 1 in order to
correct the error.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: The Land/Facility Use
Agreement Amendment No.1 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 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.
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Resolution No.2022-081
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 16th day of August, 2022.
M or d Honea
ATTEST: APPROVED AS TO FORM:
5k,
David Udall, Interim Town Clerk Jane irall, Town Attorney
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MARANA AZ
ESTABLISHED 1977
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Resolution No. 2022-081
Exhibit A to Marana Resolution No. 2022-081
ARIZONA DEPARTMENT OF FORESTRY AND FIRE
MANAGEMENT
LAND/FACILITY USE AGREEMENT AMENDMENT NO. 1
THIS LAND/FACILITY USE AGREEMENT AMENDMENT NO. 1 (this
"Amendment No. 1") is made and entered into by and between the Town of
Marana (the "Owner"), as owner of the property described in the Land/Facility
Use Agreement effective on April 20, 2022 (the "Agreement"), and the Arizona
Department of Forestry and Fire Management (the "State"). The Owner and the
State are sometimes collectively referred to as the "Parties," each of which is
sometimes individually referred to as a "Party."
RECITALS
A. On April 19, 2022, by Marana Resolution No. 2022-034, the Marana
Town Council authorized the Mayor to sign the Agreement between the Owner
and the State.
B. Due to a scrivener's error, the language establishing the term of the
Agreement stated the Agreement would remain in effect for three years,but then
specifically outlined a one-year term.
C. The intent of the parties was to enter into an agreement for one year.
D. The Parties now desire to modify the Agreement pursuant to Article 12
of the Agreement, which requires any changes to be in writing and signed by
both Parties.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the
mutual covenants set forth in this Amendment No. 1, the Parties hereby agree to
the following:
1. Term. Article 2 of the Agreement is amended as follows (with additions
denoted by double underli g and deletions denoted by strikco c):
2. TERM: This Agreement shall remain in effect for three-years=
year, from April 24, 2022 through April 23, 2023, unless it is
terminated sooner pursuant to the terms of this Agreement.
2. Other Terms and Provisions. All other terms and provisions of the
Agreement not specifically changed by this Amendment No. 1 shall
00082332.DOC/I 1
Exhibit A to Marana Resolution No. 2022-081
remain in effect and be binding upon the Parties as provided for in the
Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of the
last party's signature date below.
The "Owner": The"State":
THE TOWN OF MARANA, ARIZONA DEPARTMENT OF FORESTRY
an Arizona municipal corporation AND FIRE MANAGEMENT,an Arizona
state agency
Ed Honea By: -
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Mayor JI
Its: Ass4. to / 1/r0. 1ab� 04'6T-
Date 74/2OZ
Date
A II:EST:
Cherry Lawson,Town Clerk
APPROVED AS TO FORM:
Jane Fairall,Town Attorney
00082332.DOC/12