AMEND ONE CAVE CREEK SPUR CROSS OPER.PDF

When Recorded Return To:
Town Clerk
Town of Cave Creek
37622 North Cave Creek Road
Cave Creek, Arizona 85331
AMENDMENT ONE
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
TOWN OF CAVE CREEK
C-30-01-017-2-01
This Amendment One (“Amendment One”) to the Intergovernmental Agreement ("Agreement") is made
and entered into by and between Maricopa County, a political subdivision of the State of Arizona,
hereinafter referred to as “County”, and the Town of Cave Creek, Arizona, an Arizona municipal
corporation (“Town”) together hereinafter referred to as the “Parties” and individually as “Party.”
RECITALS
WHEREAS, the Agreement was entered into as of January 9, 2001, establishing the framework for the
acquisition, preservation, development, and long-term management of the Spur Cross Ranch
Conservation Area (“SCRCA”) with a term date of January 8, 2061; and
WHEREAS, the County and the Town now desire to enter into this Amendment One to (a) revise the fixed
twenty-year duration of the Annual Entrance Permit, (b) make administrative changes, and (c) add a new
Section 11 to ensure coordinated management, compliance, and operational consistency with all
recorded conservation easements applicable to the SCRCA; and
WHEREAS, the County is authorized to enter into this Amendment One pursuant to Arizona Revised
Statutes Sections 11-952 through 11-954; and
WHEREAS, the Town is empowered by Arizona Revised Statutes Sections 9-500.05 and 11-952 and by
Resolution No. ______________ to enter into this Amendment One and has authorized the undersigned to
execute this Amendment One on behalf of the Town.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual agreements expressed herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as
follows:
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I. INCORPORATION OF RECITALS
The recitals set forth above by this reference shall be incorporated herein and made a part of this
Amendment One.
II. SECTION 5.7 ANNUAL ENTRANCE FEE
Section 5.7 Annual Entrance Fee of the Agreement is hereby deleted in its entirety and replaced with the
following:
5.7 Annual Entrance Fee. In recognition of the Town’s contribution to the purchase of the
Town Parcel, the recordation of the Town Parcel Conservation Easement, and the Town’s annual
payment of Town Funds to operate the SCRCA, residents of the Town shall continue to be
granted an Annual Entrance Permit for the full duration of the Term of this Agreement, including
any extensions. It shall terminate automatically upon the Agreement’s expiration or earlier
termination. The Town Clerk is authorized to issue the Annual Entrance Permit to residents of
the Town through a procedure that the County and Town approved during the Planning Period.
III. SECTION 10.3 NOTICES, CURRENT ADDRESS, AND POINTS-OF-CONTACT
Section 10.3 Notices of the Agreement is hereby deleted in its entirety and replaced with the following:
10.3 Notices, Current Addresses, and Points-of-Contact. All notices required under this
Agreement shall be in writing and given by email delivery and read receipt, or United States Post
Office certified mail, return receipt requested, or by overnight delivery with a receipt, or by hand
delivery, to each Party’s following address, or such other address as either Party may notify the
other in writing as provided herein. Any such notice shall be considered served when
communication is received and signed for, or delivery is refused or returned to the sender as
unclaimed.
County:
Maricopa County Parks and Recreation Department
Attn: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, Arizona 85362
Email: Maricopacountyparks@maricopa.gov
With a copy to:
Deputy Maricopa County Attorney
Attn: Betsy Pregulman
Maricopa County Attorney’s Office
225 West Madison Avenue
Phoenix, Arizona 85003
Email: pregulmb@mcao.maricopa.gov
Town:
Town Manager
37622 North Cave Creek Road
Cave Creek, Arizona 85331
Email: gmiller@cavecreekaz.gov
With a copy to:
Town Attorney
37622 North Cave Creek Road
Cave Creek, Arizona 85331
Email: wjsims@simsmackin.com
IV. ADMINISTRATION OF AGREEMENT AND DELEGATION
Add Section 10.5 Administration of Agreement and Delegation to read as follows:
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10.5 Administration of Agreement and Delegation. The Maricopa County Parks and
Recreation Department Director or his/her delegee shall administer the Agreement, as amended,
including executing documents to carry out such administration. The Town of Cave Creek Town
Manager or his/her delegee shall administer the Agreement, as amended, including executing
documents to carry out such administration.
V. A.R.S. § 38-511
Add Section 10.6 A.R.S. § 38-511 to read as follows:
10.6 A.R.S. § 38-511. The Parties acknowledge that this Agreement is subject to cancellation
pursuant to A.R.S. § 38-511 provisions.
VI. CONSERVATION EASEMENT COORDINATION, COMPLIANCE, AND CONSISTENCY
Add Section 11. Conservation Easement Coordination, Compliance, and Consistency to read as follows:
11. Conservation Easement Coordination, Compliance, and Consistency
11.1 Purpose. The Parties acknowledge that, in addition to the 2001 conservation easements
recorded against the Spur Cross State Parcel and the Town Parcel, the County and the Town have
granted a 2022 Conservation Easement and Ingress/Egress Easement to the Desert Foothills Land Trust
(“DFLT”). The Parties agree that coordinated management, planning, and operational decisions are
necessary to ensure continued compliance with all recorded conservation easements affecting property
within, or providing access to, the SCRCA.
11.2 Supremacy of Recorded Conservation Easements. Notwithstanding any provision of the
Agreement or Master Plan to the contrary, no action by either Party shall authorize, permit, or require
any use, improvement, operation, maintenance, or activity that would conflict with the terms of any
recorded conservation easement applicable to the SCRCA or associated access properties, including
but not limited to:
11.2.1 The 2001 Spur Cross State Parcel Conservation Easement;
11.2.2 The 2001 Town Parcel Conservation Easement; and
11.2.3 The 2022 Conservation and Ingress/Egress Easement granted to DFLT (the “2022
DFLT Easement)
In the event of ambiguity, the Parties shall apply the interpretation most protective of the conservation
values established in such easements.
11.3 Joint Easement Compliance Review. Prior to approving, funding, or commencing any
Significant Action within or affecting any property encumbered by a conservation easement, the Parties
shall conduct a joint easement compliance review to ensure consistency with all applicable easement
terms. For the purposes of this section, Significant Action includes:
11.3.1 New construction or expansion of any facility.
11.3.2 Trail or roadway reconfiguration, widening, or realignment.
11.3.3 Ground-disturbing improvements beyond routine maintenance.
11.3.4 Installation or modification of utilities or drainage infrastructure.
11.3.5 Vegetation management that alters natural conditions; or
11.3.6 Any action increasing visitor capacity or materially altering circulation patterns.
11.3.7 Such other construction, modification or reconfiguration that materially affects
the property encumbered by a conservation easement
VII. EFFECT OF AMENDMENT
The foregoing paragraphs contain all the changes made by this Amendment One. All other terms and
conditions of the Agreement remain the same and in full force and effect, except as herein amended.
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment One to be executed by their
duly authorized representatives on the date indicated.
TOWN OF CAVE CREEK, ARIZONA MARICOPA COUNTY
By: By:
Bob Morris, Mayor Date Chair, Board of Supervisors Date
Mayor
ATTEST: ATTEST:
Town Clerk Clerk of the Board
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
William J. Sims Date Betsy Pregulman Date
Town Attorney Maricopa County Deputy Attorney
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