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F-7. AGREEMENT WITH MARICOPA COUNTY PARKS AND RECREATION DEPARTMENT FOR CONCESSION SITE Approve Agreement 2008G002, for Non-Disturbance and Attornment, Agreement between Maricopa County , acting through its Parks and Recreation Department, and the Flood Control District of Maricopa County. The County and District entered into a Joint Use Agreement (#81001) dated September 8, 1981, as amended by Amendment No. 1 (CS 931287) dated June 29, 1993, Amendment No. 2 (C-69-99-091-1-00) dated May 19, 1999, and Amendment No. 3 (C-69-99-091-0-01) dated June 7, 2006. Pursuant to authority granted to the County in the Joint Use Agreement, the County desires to enter into a Use Management Agreement in favor of Concessionaire (the “Use Agreement”), with a primary term of 25 years (beginning October1, 2008 through September 30, 2033) and a renewal option for an additional 25 years providing, among other matters, for the construction, development and operation of a multi-phase waterpark and recreational facility on a parcel of land covered by the Joint Use Agreement containing approximately 57 acres. To induce Concessionaire to enter into the Use Agreement and undertake the investments contemplated therein, the District has agreed not to disturb the rights of Concessionaire under the Use Agreement so long as Concessionaire is in compliance with its obligations thereunder, except as provided in Section 4 of this Agreement. A corresponding agenda item is found under Parks and Recreation under item C-30-09-005-3-00. (C-69-09-007-8-00)