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HomeMy WebLinkAboutResolution 2023-024 Approving and Authorizing the Mayor to Execute the Third Amendment to Lease Agreement with Marana Chamber of Commerce, Inc. MARANA RESOLUTION NO. 2023-024 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO LEASE AGREEMENT WITH MARANA CHAMBER OF COMMERCE, INC. REGARDING THE LEASE OF TOWN-OWNED PROPERTY LOCATED AT 13251 N. LON ADAMS ROAD WHEREAS,on October 6,2020,the Marana Town Council adopted Resolution No. 2020-111, approving a lease agreement between the Town and the Marana Chamber of Commerce, Inc. (the "Chamber"); and WHEREAS, on November 18, 2020, the parties entered into the first amendment to lease agreement to correctly describe the property where the leased premises are located; and WHEREAS, on June 15, 2021, the parties entered into the second amendment to lease agreement to allow the consumption of alcohol on the leased premises during Chamber sponsored or sanctioned events; and WHEREAS the Chamber has requested further revisions to the lease agreement to add Town Office 121 to the Leased Premises and authorize the Chamber's Veterans Focus Group exclusive use of the office during the Chamber's operating hours; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into an amendment to the lease agreement with the Chamber as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,that the Third Amendment to Lease Agreement with Marana Chamber of Commerce, Inc., attached to and incorporated within this resolution as Exhibit A, is hereby approved and the Mayor is authorized to sign it for and on behalf of the Town of Marana. - 1 - 00086766.DOCX/2 Resolution No.2023-024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of March, 2023. , //i Mayor Ed Honea ATTEST: APPROVED AS TO FORM: ..moi David Udall, Town Clerk Jan- . rall, Town Attorney MARANA AZ ESTABLISHED 1977 -2 - 00086766.DOCX/2 Resolution No.2023-024 Exhibit A to Marana Resolution No. 2023-024 THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT (this "Third Amendment") is en- tered into by and between the TOWN OF MARANA,an Arizona municipal corporation (the "Town") and the MARANA CHAMBER OF COMMERCE,INC.,an Arizona 501(c)(6) non-profit corporation (the "Chamber"). The Town and the Chamber are sometimes referred to collectively as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. The Town and the Chamber are parties to that certain lease agreement entitled "Lease Agreement" made and entered into effective December 1, 2020 (the "Lease"), by which the Town leases to the Chamber a certain portion of real property. The Lease was approved by the Marana Town Council on October 6, 2020, through the adoption of Ma- rana Resolution No. 2020-111. B. On November 18, 2020, the Parties entered into the First Amendment to Lease Agreement to correctly describe the Property where the Leased Premises are located. C. On June 15, 2021, the Parties entered into the Second Amendment to Lease Agree- ment to allow the consumption of alcohol on leased premises during Chamber sponsored or sanctioned events. D. The Parties now desire to amend the Lease, as previously amended, as set forth in this Third Amendment. AGREEMENT 1. Lease. Paragraph 2 of the Lease is hereby amended to add Town Office 121, as de- picted in the diagram attached to this Third Amendment and incorporated in the Lease by this reference as Exhibit B1, to the list of "exclusive use areas" described in the Lease as part of the Leased Premises. 2. Use. Paragraph 5 of the Lease is hereby amended to add the following sentence: "Chamber shall use Town Office 121 as an office for the exclusive use of Chamber's Vet- erans Focus Group during Chamber's normal operating hours only." 3. Effective Date of Third Amendment. This Third Amendment shall be effective as of the signature date of the last Party to sign this Third Amendment ("Effective Date"). 4. Other Terms and Provisions. All other terms and provisions of the Lease and its exhibits, as previously amended, not specifically changed by this Third Amendment, shall remain in effect and be binding upon the Parties as provided for in the Lease. Words 00086784.DOCX/2 - 1 - Exhibit A to Marana Resolution No. 2023-024 and phrases having a defined meaning in the Lease have the same respective meanings when used in this Third Amendment unless otherwise expressly stated. 5. Recitals. The recitals set forth at the beginning of this Third Amendment are hereby acknowledged, confirmed to be accurate, and incorporated here by reference. 6. Entire Agreement. This Third Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Third Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Third Amendment. 7. Governing Law. This Third Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and any actions to enforce or interpret the terms and provisions of this Third Amendment shall be brought and maintained in Pima County, Arizona. [SIGNATURE PAGE FOLLOWS] 00086784.DOCX/2 - 2 - Exhibit A to Marana Resolution No. 2023-024 IN WITNESS WHEREOF,the Parties have duly executed this instrument below. THE TOWN OF MARANA, MARANA CHAMBER OF COMMERCE,INC., an Arizona municipal corporation an Arizona 501(c)(6) non-profit corpora- tion By: Ed Honea, Mayor By: Amanda Wiggins Date: President/CEO ATTEST: Date: David Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of , 2023 by Amanda Wiggins, President/CEO of MARANA CHAMBER OF COMMERCE,INC.,an Ari- zona 501(c)(6) non-profit corporation, on behalf of the corporation. (Seal) Notary Public 00086784.DOCX/2 - 3 -