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38. USE MANAGEMENT AGREEMENT WITH SOUTHWEST WILDLIFE CONSERVATION CENTER Approve and authorize the Chairman to execute the Use Management Agreement (“Agreement”) between Maricopa County ("County") and Southwest Wildlife Conservation Center (“Concessionaire”), for the promotion, development, management, improvement, operation and maintenance of a nature and wildlife conservation center at McDowell Mountain Regional Park (“MMRP”). All development costs will be at the expense of Concessionaire. The County, through its Parks and Recreation Department (“Parks”), continues to pursue additional recreational opportunities, through concessionaires, that will enable residents and visitors of Maricopa County to enjoy a safe and meaningful outdoor experience. In August 2017, the County, through the County Office of Procurement Services, issued a Request for Expressions of Interest (Serial 180143-LOI) for identifying potential government or non-profit public-private partnership opportunities for the development, permitting, construction, operation, management and maintenance of a native wildlife rescue conservation and nature center at MMRP. Concessionaire was the sole respondent and has negotiated the Agreement with the County. Concessionaire is a non-profit organization that currently has an active conservation center in Scottsdale Arizona. Under the Agreement, the Concessionaire will develop and construct a new (up to eight thousand square foot) nature center for the County and Concessionaire’s shared use and, in addition, design, develop and construct the Concessionaire’s conservation and veterinary medicine, wildlife rescue/rehabilitation and wildlife sanctuary, and related office and administrative space on approximately one hundred (100) acres at the MMRP. Development may be phased over fifteen (15) years. The term of the Agreement is twenty-five (25) years. Upon Concessionaire’s request and at the County’s sole discretion, this Agreement may be renewed for a period of up two (2) additional twenty-five (25) year terms, subject to the conditions as outlined in the Agreement. Specific parameters for the activities in the Agreement are provided as an Annual Management Plan (“AMP”) to identify management, operational procedures and methodologies to clarify responsibilities, understandings and actions in place for each specific year as new phases are developed and to advance the overall development of the complex. The activities for this concession will be located in Supervisory District #2. (C-30-20-013-M-00)

Attachments (1)

Vote — approved

Thomas Galvin	yes
Steve Gallardo	yes
Kate Brophy McGee	yes
Debbie Lesko	yes
Mark Stewart	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

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88. TERMINATION OF USE MANAGEMENT AGREEMENT WITH SOUTHWEST WILDLIFE CONSERVATION CENTER (Supervisory District: 2) Approve the Termination (“Termination”) of the Use Management Agreement (“UMA”) between Maricopa County (“County”), represented by the Maricopa County Parks and Recreation Department (“MCPRD”), and the Southwest Wildlife Conservation Center, an Arizona nonprofit 501(c)(3) tax-exempt organization (Concessionaire), for the promotion, development, management, operation, and maintenance of a nature and wildlife conservation center at McDowell Mountain Regional Park (C-30-20-013-M-00), with an effective date of March 13, 2022. Under Section 6.C. of the UMA, the parties have mutually agreed that terminating the UMA is in their best interest because the Concessionaire has indicated that they will not be able to raise the funds needed to develop the nature and wildlife conservation center on a mutually acceptable schedule. Each party agrees to release and hold harmless the other from any obligations and liabilities related to the Termination, and each party agrees to bear its own costs associated with the Termination. The effective date of the Termination will be the date of the last signature on the Termination. The agreement is non-financial. (C-30-20-013-M-01)