BOD JUA RE PEORIA PASSIVE RECREATION USE NEW RIVER DAM.PDF

When Recorded Return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
JOINT USE AGREEMENT
for the
PASSIVE RECREATIONAL USE AT NEW RIVER DAM
Between
THE CITY OF PEORIA
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
JUA FCD 2020A023
This Joint Use Agreement (“Agreement”) is entered into between the Flood Control District of Maricopa
County, a political subdivision of the State of Arizona, acting by and through its Board of Directors,
hereinafter called DISTRICT; and the City of Peoria, Arizona, a municipal corporation, acting by and
through its City Council, hereinafter called PEORIA. The DISTRICT and PEORIA may collectively be
referred to herein as “Parties” or individually as a “Party”. This Agreement shall become effective as of
the date it has been executed by all Parties (“Effective Date”).
STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statute (A.R.S.) Sections 48-3603 and 11-952
to enter into this Agreement, and has authorized the undersigned to execute this Agreement on
behalf of the DISTRICT.
2. PEORIA is empowered by its Peoria City Charter Article 1, Sec. 3 (15) and by A.R.S. Section 11-
951, as amended, to enter into this Agreement and has authorized the undersigned to execute this
Agreement on behalf of PEORIA.
BACKGROUND
3. The DISTRICT and the U.S. Army Corps of Engineers (“Corps”) constructed the New River Dam
and associated works (“Dam”) in 1985 as part of the New River and Phoenix City Streams Flood
Control Project, providing enhanced flood protection for downstream Maricopa County residents.
4, The DISTRICT holds title to the lands upon which the Dam is built and adjacent project lands
(Damn Project Area) by virtue of: (1) land patents granted from the United States of America, acting
through its Bureau of Land Management, pursuant to the Recreation and Public Purposes Act
(“R&PP”) of 1926; (2) land patents from the State of Arizona; and (3) warranty deeds from private
individuals and/or entities.
5. | The DISTRICT manages, operates, and maintains the Dam and has developed and published New
River Dam Impoundment Area Development Restrictions and Guidelines for development and uses
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within the Dam impoundment area and may revise the restrictions and guidelines from time to time.
6. On December 12, 2018, the DISTRICT and PEORIA entered into a Joint Use Agreement (“JUA”),
recorded in the Maricopa County’s Recorder’s Office (“MCR”) as Document Number 2018-
0922924, which set forth the terms and conditions for PEORIA’S development of the Paloma
Community Park (Park) on the DISTRICT parcel known as Maricopa County Assessor Parcel
Number (“APN”) 201-19-008.
7. On March 23, 2016, the Board of Directors of the DISTRICT (“Board”) approved IGA FCD
2016A001 (C-69-16-030-3-00) which identifies and defines the responsibilities of the DISTRICT
and PEORIA for obtaining a Corps Section 408 permission for the PROJECT in a streamlined and
expedited Corps process.
8. In conjunction with the development of the Park, PEORIA has also formally requested to develop
and use a portion of the Dam Project Area depicted on Exhibit “A”, attached hereto and made a
part hereof, for passive recreational amenities and activities which include, but are not limited to,
muiti-use trails for equestrian, pedestrian, and other non-motorized uses, recreational “rest stops”
with benches and shade, as well as wayfinding and/or educational signs/placards. Subject to the
DISTRICT’S Right of Way Use Permit process, PEORIA intends to design a network of trails
through the Dam Project Area, primarily along existing maintenance roads and trail alignments
with connections between the Park and the Sonoran Mountain Ranch Park, as well as clear
vegetation from the designed trail routes, blade trail routes for delineation, and provide dust
management of the trails as necessary to prevent Arizona Department of Environmental Quality
(ADEQ) violations (“PROJECT”).
9, The PROJECT will be located within the limits of the Dam Project Area on the DISTRICT land
described and depicted on Exhibit “B”, attached hereto and made a part hereof. Said lands shall
hereinafter be referred to as the Passive Recreation Area (“PRA”).
10. The PROJECT has been studied, developed and adopted as part of the 2006 City of Peoria Parks,
Trails and Open Space Master Plan and the 2014 Community Services Master Plan, incorporated
herein by reference. All PROJECT amenities will be funded, designed, installed, operated and
maintained by PEORIA, and any personal property installed along the trails by PEORIA shall
continue to be owned by PEORIA. All amenities and improvements proposed by PEORIA shall
be permitted through the DISTRICT’s Right of Way Use Permit process prior to the
commencement of any on-ground activity by PEORIA and/or its designees.
11. Depending on the scope of the improvements, the Corps may require a Section 408 permission for
PROJECT improvements per Section 14 of the Rivers and Harbors Act of 1899, 33 USC 408
(“Section 408”). The DISTRICT is the sole local sponsor with the Corps for the Dam. In
accordance with the Corps rules and regulations, the Corps only issues Section 408 permissions to
local sponsors for Corps projects. Therefore, the local sponsor, the DISTRICT, in partnership with
PEORIA, would apply for and obtain a Section 408 permission, if/as necessary, from the Corps for
PROJECT improvements.
PURPOSE
The purpose of this Agreement is to identify and define the roles, responsibilities, liabilities and rights of
the DISTRICT and PEORIA for the design, permitting, installation, operation, and maintenance of passive
recreational amenities and activities within the PRA and any potential future alterations/additions to, or
expansion of, the PROJECT within the PRA as approved by the DISTRICT.
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In consideration of the mutual representations, warranties, covenants and agreements hereinafter contained
and other good and valuable consideration, the sufficiency and adequacy of which the Parties acknowledge,
the DISTRICT and the PEORIA agree as follows:
AGREEMENT
12. The Parties agree the intent of this Agreement is solely for the construction, use, operation, and
maintenance of the PROJECT and is not intended to convey any interests in land or any property
rights.
13. The safety and function of the existing and/or future Dam facilities must be maintained throughout
the life of the Dam. The PROJECT, and any future proposed PEORIA improvements, are
subordinate to the flood control facilities and shall be compatible and not interfere with the
function, safe operation and maintenance activities of all flood contro] structures.
14. The DISTRICT hereby grants PEORIA, subject to approval of a DISTRICT Right of Way Use
Permit, the non-exclusive right to use the PRA, and existing DISTRICT maintenance roads within
the PRA, for the following “Permitted Uses”: (i) installation, operation, maintenance, repair, and
removal of passive recreational amenities such as trails, landscaping/vegetation, fencing, signage,
lighting, shade structures, benches, and their associated appurtenances for the use and enjoyment
of the general public; and (ii) entry upon the PRA for the Permitted Uses and for security/law
enforcement purposes. This right is granted “as-is” without any COUNTY representations or
warranties as to the condition of the PRA.
15. Permitted Uses do not include overnight use of the PRA by the public, which requires a Special
Use Permit as identified in the New River Dam Impoundment Area Development Restrictions and
Guidelines. In addition, motorized vehicles of any type or nature, including but not limited to,
automobiles, trucks, motorcycles, or all-terrain vehicles are expressly prohibited in the PRA, unless
such use is related to maintenance or security of the PRA by PEORIA or its designees and/or law
enforcement personnel or as otherwise approved through a DISTRICT Right of Way Use Permit
on a case by case basis. With the exception of trail maintenance activities, PEORIA shall also be
expressly prohibited from using the lands within the PRA for any other purpose not specifically
related to the use of the PRA as equestrian and multi-use recreational trails,
16. APN 201-39-656, also known as DISTRICT Parcel A020-01 (NRD-017), lies within the Sonoran
Mountain Ranch subdivision and is identified as “Tract B” on the “Final Plat of Sonoran Mountain
Ranch Parcel 12” (“Plat”), which was recorded in the MCR as Document Number 2004-1167192.
Tract B of the Plat is governed by the Sonoran Mountain Ranch Home Owner’s Association (HOA)
and is subject to the Declaration of Covenants, Conditions and Restrictions (“CC &R”) for Sonoran
Mountain Ranch, which were recorded on March 1, 2004 in the MCR as Document Number 2004-
0211139. Pursuant to said Plat, Tract B is designated by the HOA as open space; maintenance of
the open space within Tract B is the responsibility of the HOA and the DISTRICT maintains its
structure. Accordingly, permitted uses of Tract B by PEORIA under this Agreement are limited to
ingress/egress for the purposes of maintenance, operation, repair, and security/law enforcement of
the trail amenities within the remainder of the PRA. PEORIA must receive prior express written
consent from the HOA and the DISTRICT to install and operate trails or other PRA amenities on
Tract B.
17. In addition to the PROJECT, PEORIA may propose future passive recreation improvements or
upgrades within the PRA. Future proposed improvements and/or major repairs/upgrades to existing
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improvements that are not included in the Right of Way Use Permit for the initial installation of
the PROJECT amenities, will require separate Right of Way Use Permits from the DISTRICT.
Future improvements within the PRA for uses other than for passive recreation may be proposed
by PEORIA, will require a separate agreement, may be subject to a use fee, and will also require a
new Right of Way Use Permit from the DISTRICT.
18. The DISTRICT will have the authority to immediately suspend PEORIA’S operations within the
PRA ifthe DISTRICT determines that there is an imminent risk or threat to the public, employees,
or staff related to the DISTRICT’s statutory responsibilities to protect the public from flooding.
Such suspension shall remain in effect until the risk or threat has been resolved to the reasonable
satisfaction of the DISTRICT. Such suspension will be without liability to DISTRICT for any
compensation losses, including, but not limited to, lost income, wages or other compensation which
may be claimed by the PEORIA, its employees, vendors, contractors, and/or subcontractors.
19. Term
A. The term of this Agreement shali be twenty-five (25) years (“Term”) commencing on the
Effective Date.
B. Renewal Term. Upon mutual agreement, the Term of this Agreement may be renewed for no
more than three (3) periods of twenty-five (25) years each (each a “Renewal Term”) subject to
each of the following conditions:
1) PEORIA shall provide written notice of a request to renew not later than one hundred and
eighty (180) calendar days prior to the date the Term is scheduled to expire; and
2) The renewal of this Agreement shall be approved by PEORIA and the Board.
20. Fees and Revenue
A. Asconsideration for the Permitted Uses, PEORIA shall, at its sole cost and expense, administer,
maintain, and operate the PRA as well as provide security for the PRA.
B. PEORIA shall use any revenue generated from the use of the PRA to support, operate and
maintain the Park’s recreational and appurtenant facilities, including amenities within the PRA.
21. Assignment. No rights granted by this Agreement may be assigned to any other entity, nor may
PEORIA enter into any sub agreement(s) for use of the PRA for the Permitted Uses, unless
expressly authorized in writing by the DISTRICT. Any sub agreement approved by the DISTRICT
is subject to A.R.S. Section 48-3603(1), and shall be in writing, specifically subject to this
Agreement, and all parties bound by such sub agreement(s) shall specifically acknowledge the
superior rights of the DISTRICT as set forth in this Agreement.
22. Termination and Cancellation
A. This Agreement may be terminated for cause in whole or in part, at any time, by the DISTRICT,
upon sixty (60) calendar days prior notice to PEORIA without any penalty or liability to
DISTRICT. PEORIA hereby waives any and all rights to bring any claim against DISTRICT
or its employees, agents, officers, directors, members, successors or assigns from or relating in
any way to DISTRICT’S termination of this Agreement. For purposes of this Agreement
“cause” includes, but is not limited to: (i) the real property, or a portion thereof, reverts to the
agency from which any patent was received; (ii) the recreation purpose for the property
cannot be maintained without impairing the flood control purposes for the property ;
(iii) a governmental entity with the requisite authority imposes new requirements upon the
DISTRICT that make a continuation of this Agreement prohibitive; (iv) any occurrence of
default, as defined herein; and (v) insolvency.
B. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the
provisions of A.R.S. §38-511.
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C. This Agreement may be terminated without cause with mutual agreement of the Parties. The
Party requesting the termination must submit its request, in writing, a minimum of one hundred
eighty (180) calendar days in advance of the requested termination date. Said request for
termination will be sent to the other Party in accordance with the notice provisions set forth in
this Agreement.
D. Should PEORIA, with the consent of the DISTRICT, continue to conduct the Permitted Uses
on the PRA after the expiration of the Term and any Renewal Term without having entered
into a subsequent agreement of like nature and content to this Agreement, such continued use
shall be deemed a holdover of the land use on a month-to-month basis, not to exceed a period
of twelve (12) months, with all of the terms and conditions of this Agreement to continue in
full force and effect. If the Parties have not entered into a new agreement by the end of the
twelve (12) month period, this Agreement will terminate.
E. Inthe event the PRA ceases to be used for the Permitted Uses for at least ninety (90) days after
PEORIA constructs the PROJECT improvements, after thirty (30) days written notice to
PEORIA, the DISTRICT may terminate this Agreement and PEORIA, at its sole cost and
expense, shall remove its improvements and return the property to its original condition, or a
condition approved by the DISTRICT. This section excludes any suspension of operations by
the DISTRICT under Section 18 or any circumstance of force majeure.
23. Maintenance Roads. As stated above, PEORIA may use the DISTRICT maintenance roads in the
PRA for the Permitted Uses; however, the primary purpose of any and all DISTRICT maintenance
roads within and surrounding the PRA are for flood control purposes, and all other uses as allowed
in accordance with this Agreement are secondary uses. The allowed shared use of DISTRICT
maintenance roads by PEORIA in the PRA shall not interfere with the DISTRICT’s use of the
maintenance roads. If the DISTRICT determines that it is unsafe for PRA patrons to utilize
DISTRICT maintenance roads and/or trails, or portions thereof, during DISTRICT operations and
maintenance activities, said maintenance roads and/trails shall be temporarily closed for the
duration of said DISTRICT activities.
24. PEORIA Responsibilities. PEORIA shall, at its sole cost and expense, pay and be responsible
for:
A. Design, permitting, personal property and/or utility installation/relocations, environmental
and cultural clearances, blading and dust management of trails as necessary to prevent ADEQ
violations, inspections, operation and maintenance, security and all other costs associated with
the PROJECT and any future PEORIA improvements within the PRA permitted by the
DISTRICT’S Right of Way Use Permit process.
B. Overall management, safe operation, preventative maintenance, and regulation of PEORIA’s
passive recreation amenities and any other PEORIA improvements within the PRA including,
but not limited to, the following: (i) removal of graffiti, trash, and debris; (ii) management of
weeds in accordance with the PRA operations and maintenance (O&M) plan; (iii) dust control;
(iv) maintain, repair, correct any damage to, and/or replace PROJECT flood control features
installed by PEORIA (e.g. erosion protection, etc.) within the PRA which may become
damaged or otherwise adversely impacted by the Permitted Uses; (v) perform debris and
sediment removal from improved trails/areas as necessary and upon approval of the
DISTRICT, or at the request of the DISTRICT; (vi) maintain all aesthetic, landscaping and
associated irrigation features of the PROJECT within the limits of the PRA; and (vii) maintain
trash racks iffas applicable. “Preventative Maintenance” means those activities that are
completed to maintain an area, facility or piece of equipment in a safe, properly functioning
condition that is in compliance with commercial operating standards or other standards of
practice for that specific amenity and/or equipment as applicable. Notwithstanding the
foregoing, the DISTRICT will continue to maintain the flood control function of the areas
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depicted in Exhibit “C” attached to this Agreement (“District Maintenance Areas”). The
DISTRICT typically performs maintenance of the depicted areas once per year. PEORIA may
access the District Maintenance Areas, as needed, for the purposes of trash cleanup and graffiti
removal. PEORIA shall not perform any work or maintenance in these areas, except for trash
cleanup and graffiti removal, without prior approval from the DISTRICT.
C. All costs associated with employment and management of all personnel, including volunteers,
consistent with this Agreement for the operation of the PRA and fully responsible for the proper
supervision of all its employees, volunteers, contractors, subcontractors, vendors and all
patrons using the PRA.
D. Costs associated with damage to the DISTRICT’S structure(s) and/or maintenance roads
caused by any use of said roads, excluding any damage or use by the DISTRICT for
maintenance purposes.
E. Developing and periodically updating an Emergency Evacuation Plan (““EEP”) for the PRA.
The EEP(s) shall include 24/7 contact information and backup contact information, clearly
specify the responsibilities of PEORIA to ensure that effective and timely action is taken if an
emergency at the Dam occurs, and include figures showing evacuation routes. The EEP shall
cover evacuation procedures and routes for both anticipated “normal” occupancy conditions
and uses, as well as for special events. The DISTRICT shall be given the opportunity to review
and comment on the draft EEP and any revisions thereof. Final copies of the EEP shall be
provided to the DISTRICT and other agencies as necessary. PEORIA shall maintain a copy of
the EEP on site. The EEP shall be reviewed annually, or more frequently if necessary, and any
updates shall be provided to the DISTRICT and other pertinent agencies. Any future
recreational amenities shall require a separate EEP or shall be incorporated into an existing
EEP, if appropriate, before said amenities are open for public use. The completion of the EEP
is a condition of the Right of Way Use Permit issued by the DISTRICT.
Preventing any unsafe condition that is created or maintained within the PRA and coordinate
with the DISTRICT to resolve any unsafe conditions within the PRA in a timely manner.
immediately reporting any event which results in death or serious injury to the DISTRICT
Director.
Ensure that all media, advertising materials and marketing associated with the PRA is family
friendly.
— * Complying with all applicable local, county, state, and federal rules, laws, codes, and/or
regulations.
J. Not opening the PRA to the public until the requirements of all permitting authorities have
been met and the appropriate jurisdictional authority(ies) and the DISTRICT has provided their
written consent/approval to the opening.
K. Abiding by the DISTRICT’S New River Dam Impoundment Area Development Restrictions
and Guidelines document, and any revisions thereto.
L, Ensuring recreation trails are consistent with a published Master Hiking/Trail Plan which shall
be developed by PEORIA prior to pursuing a DISTRICT Right of Way Use Permit to construct
and operate said trails. Proper trail heads, delineations, public notifications and connections
shall be established and maintained.
M. Completing all applicable environmental studies or assessments, and obtaining all applicable
permits, licenses as well as conducting any type of environmental mitigation that may be
required within the PRA.
N. Providing O&M plan for all O&M activities within the PRA for the review and approval of the
DISTRICT in advance of opening to the public. The O&M plan shall identify those routine
maintenance activities for which a Right of Way Use Permit is not required and those major
maintenance activities/upgrades for which a Right of Way Use Permit is required.
O. Managing vermin and other pests, including weeds, on all trails, trailheads, and other
improvements within the PRA in accordance with the PRA O&M plan. In the event of
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visible evidence of pest(s) infestation, PEORIA shall restore the area to as close to its original
condition as possible. PEORIA shall develop a Pest Management Plan that details a safe and
environmentally sensitive control or eradication of potential pests at the PRA and include it in
the O&M plan for the PRA. At a minimum, the Pest Management Plan shall include
anticipated product names and label rates.
P. Complying with all training (federal, state, county and local), operational and licensing
requirements pertinent to and required for the application of pesticides in Arizona. The
applicator of the pesticides shall hold all necessary licenses and registrations required for
lawful application of pesticides, herbicide, fungicide, fertilizer and similar
chemicais/substances. PEORIA shall keep safety data sheets on site for those materials and
products set forth above as required by law.
Q. Immediately provide a verbal notification to the DISTRICT should evidence of artifacts,
antiquities, human remains or other items of archeological, scientific or cultural interest be
discovered during construction. PEORIA, at its sole cost and expense, shall have the area
inspected to determine its historical significance and required next action (e.g. salvage, test
excavations, and resumption of construction as applicable). If an area has been determined to
be a site of archeological significance, the removal and appropriate disposition of the artifacts,
and associated costs thereof, shall be the sole responsibility of PEORIA. Construction work
shall not resume until written authorization to proceed is issued by the DISTRICT.
R. Securing all permits and plans for the protection and/or relocation of endangered, threatened,
or protected species of wildlife in any area(s) of land disturbance (including potholing
associated with construction or operation of the PRA, per State/Federal guidelines. Two
resources that may assist PEORIA with their research to determine required permits are 1)
Environmental Review from Arizona Game and Fish https://azhgis2.esri.com/ and 2) the US
Fish & Wildlife Services http://ecos.sws.gov/ipac/.
S. All air quality violations/dust control issues and associated fines assessed to the DISTRICT as
a result of activities by or on behalf of PEORIA and by patrons of the PRA. PEORIA shall not
be responsible for dust control issues or fines associated with activities performed by the
DISTRICT or unrelated to PEORIA activities or facilities.
JT. Regulating the public’s use, and providing law enforcement for, the PRA. The DISTRICT
hereby acknowledges that PEORIA will enforce PEORIA ordinances, rules, regulations and
policies within the PRA as necessary to regulate public use. PEORIA shall work to regulate
unpermitted public access through DISTRICT property adjacent to the PRA through the use of
fencing, signage, enforcement, and other means as necessary to the satisfaction of the
DISTRICT.
U. Allow the DISTRICT, and its agents or successors, unrestricted access to the PRA to conduct
flood control activities which include, but are not limited to, operation and maintenance,
emergency activities, sediment removal, as well as inspections and repair and/or replacement
of flood control features, as the DISTRICT deems necessary.
V. Complying with and not violating any of the terms or provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 241), and requirements of the regulations, as modified or amended, of the
Secretary of the Interior issued pursuant thereto (43 CFR 17).
W. Ensuring full compliance with all applicable terms and conditions of this Agreement by its
agents, employees, vendors and contractors (including sub-contractors of any tier) and their
respective employees. Failure or refusal of PEORIA or its agents, employees, contractors,
sub-contractors or their employees to comply with these terms and conditions will be deemed
a breach of this Agreement.
X. Maintaining, in full force during the Term and any Renewal Term of this Agreement, public
liability and property damage insurance covering the PRA, and PEORIA’s occupancy and use
thereof, as set forth below:
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1) Public liability insurance, including bodily injury/property damage, auto liability,
products and completed operations liability, liquor liability, and contractual liability,
providing limits of no less than two million dollars ($2,000,000) per claim and four
million dollars ($4,000,000) aggregate limits, or evidence of self-insurance acceptable to
the DISTRICT, for injuries or damage received or sustained by any person(s), or
property, at the PRA.
2) Waiver of Subrogation/recovery against the DISTRICT shall be included in all policies.
3) Environmental clean-up and pesticide/herbicide coverage shall be included, unless
documentation is provided by PEORIA that this is not available or feasible.
4) Worker’s Compensation, if applicable, with limits not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
5) Property insurance in an amount sufficient to rebuild the improvements and/or restore
the PRA to a condition as similar as possible to its condition prior to PEORIJA’s
occupancy in case of casualty loss.
6) The DISTRICT reserves the right to revise the minimum required limits of insurance
during the Term and any Renewal Term of this Agreement and will provide a minimum
of thirty (30) days’ advance notice of the change to PEORIA.
7) The insurance requirements in this Agreement are not a cap on PEORIA’s liability under
this Agreement. PEORIA shall furnish to the DISTRICT a certificate evidencing the fact
that such insurance has been obtained and is in full force and effect during the entire term
of this Agreement, and that the DISTRICT is an additional insured thereunder, and that
such insurance cannot be cancelled without thirty (30) days prior written notice to the
DISTRICT. It is agreed that any insurance maintained by the DISTRICT shall apply in
excess of and not contribute with the insurance provided by said policy. Failure to
maintain insurance as required by the DISTRICT wiil constitute default of this
Agreement. The DISTRICT understands that PEORIA may be self-insured and if so,
will provide a Certificate of Self-Insurance to the DISTRICT.
Y. Assuming all risk of loss and shall be responsible for any and all losses to the PROJECT and
all improvements, acquired or developed by PEORIA within the PRA after the Effective Date
of this Agreement. Loss may result from, but is not limited to, theft, vandalism, fire and any
fire-fighting activities (including prescribed burns), floods, droughts, landslides, rising
waters, winds, falling limbs or trees and acts of God.
)) If during the Term or Renewal Term of this Agreement, any real property under the
control of PEORIA is destroyed or damaged in whole or in part by any cause, PEORIA
will notify the DISTRICT immediately. PEORIA shall immediately secure the area to
prevent injury, vandalism or further damage to persons, improvements and contents
thereof, and immediately coordinate with its insurer to evaluate the loss an determine a
course of action.
2) If the destroyed or damaged buildings/improvements under the control of PEORIA are
capable of restoration, in the reasonable judgment of the DISTRICT and PEORIA, this
Agreement shall continue in full force and effect. PEORIA will, as soon after the damage
as reasonably possible, apply for all required permits required to restore damaged
improvements, and complete restorations within a date mutually agreeable to the Parties.
Should such damage or destruction occur within thirty-six (36) months of this
Agreement’s scheduled expiration date for the Term or Renewal Term, or if the damage
destroys in excess of fifty percent (50%) of the appraised value of PEORIA’S property
on the date of loss (as determined by an independent appraiser), then PEORIA or the
DISTRICT shall have the option to terminate this Agreement. If this Agreement is
terminated pursuant to this provision, any insurance proceeds shall be applied first to
remove any damaged or destroyed improvements.
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Maintaining a record of financial accounting for PEORIA’S use of the PRA to demonstrate
that PEORIA is in compliance with the terms of this Agreement, including the requirement
that all revenue generated from the use of the PRA be used to support, operate and maintain
Park’s recreational and appurtenant facilities, including amenities within the PRA. The
record of accounting shall be kept on file at PEORIA for the Term and any Renewal Term of
this Agreement and be available for DISTRICT inspection upon request. The record of
accounting shall, at a minimum, include a summary of the previous year’s costs and revenue,
and net fund balance, if any. If a positive fund balance exists, PEORIA shall provide a
description of future operation costs, maintenance costs, planned improvements, and/or other
investments planned at Park or within the PRA for which that balance is intended to be used.
25. DISTRICT Responsibilities. The DISTRICT shall, at its sole cost and expense, pay and be
responsible for:
A. Providing PEORIA with the opportunity to review and comment on proposed revisions to the
New River Dam Impoundment Area Development Restrictions and Guidelines before they are
finalized and published.
As part of the DISTRICT’S Right of Way Use Permit process, coordinating and obtaining a
Corps Section 408 permission, if/as necessary, in the form of an official letter issued by the
Corps for the PROJECT.
Reviewing, and approving or disapproving, without unreasonable delay, any proposed
PEORIA PROJECT, or future improvement plans within the PRA, before any construction
begins. The DISTRICT shall review and approve or disapprove such plans in accordance with
its regular Right of Way Use Permit process.
Sediment removal, structural repair and/or replacement of DISTRICT flood control features,
and for periodic inspections of such features, as the DISTRICT deems necessary. The
DISTRICT shail not be liable for any damages done to the PROJECT or future improvements
by PEORIA as a result of these activities, unless caused by gross negligence of the DISTRICT.
Grossly negligent damages, for purposes of this Agreement, shall be considered damages
caused by the DISTRICT which were unintended and avoidable.
Making reasonable efforts to avoid damaging PEORIA’S improved trails and roadways within
the PRA if possible, unless deemed necessary.
Inspecting the Dam Project Area to ensure that the Dam’s flood control function has not been
reduced by PEORIA’s facilities and activities.
Notifying PEORIA as soon as practicable if the DISTRICT intends to suspend PEORIA’S
operation of the PRA due to an unsafe condition, imminent risk, or threat to the public,
employees, or staff within the PRA.
Removing sediment from within the Dam Project Area provided that the DISTRICT finds a
hydraulic need to do so and deems it appropriate in order to maintain the flood control function
of the Dam. O&M activities by the DISTRICT at the Dam will be prioritized considering all
DISTRICT projects, responsibilities, and the DISTRICT’S flood control mission. The
DISTRICT therefore cannot commit to removing sediment on a schedule that is determined by
PEORIA’S needs for its facilities. However, PEORIA, upon prior DISTRICT approval of a
sediment removal plan prepared by PEORIA, and at PEORIA’S own cost, may remove
sediment from the PRA. If the DISTRICT determines that sediment must be removed from
any of PEORIA’S improved areas or trails, the DISTRICT shall request that PEORIA perform
such removal and negotiate an acceptable time frame for completion. If PEORIA fails to meet
the DISTRICT’S request, the DISTRICT reserves the right to remove sediment from
PEORIA’s improved areas or trails if, in the sole and exclusive opinion of the DISTRICT, the
sediment must be removed to ensure safe and proper performance of the flood control function
of the property. The DISTRICT will not be responsible for damage caused by removal of
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sediment, including damage to any improved areas or trails, unless damaged by DISTRICT
negligence. Negligent damages shall be considered damages caused by the DISTRICT which
were unintended and avoidable.
I. Maintain and monitor appropriate flood control gauges and equipment to monitor and measure
floodwater levels within the impoundment area of the Dam. The DISTRICT shall work with
PEORIA to establish appropriate notification thresholds for the PROJECT, so that PEORIA
will receive appropriate notifications during flooding events and may take appropriate action
to warn the public and, if necessary, cause the evacuation of the PRA. These thresholds shall
be included in the DISTRICT’S New River Dam Emergency Action Plan and in PEORIA’S
EEP. The DISTRICT shall have the authority to require immediate implementation of
applicable EEP(s) and evacuation of the public from anywhere within the PRA, with no liability
on the part of the DISTRICT, based on any condition or conditions that the DISTRICT deems
potentially hazardous to the public including, but not limited to, weather forecast, weather
conditions, rainfall, runoff, and impoundment conditions.
J. Continue to provide the maintenance of the District Maintenance Areas depicted on Exhibit
“C” which is attached hereto and made a part hereof. These areas are intended to include the
following DISTRICT flood control features at New River Dam: main embankment, inlet
structure, approach channel, outlet structure, outlet channel, emergency spillway, Dike No. 1,
and Dike No. 2. PEORIA shall not perform any work or maintenance in District Maintenance
Areas, except for trash cleanup and graffiti removal, without prior approval from the
DISTRICT. The DISTRICT will also continue to maintain existing access roads as needed for
DISTRICT purposes which are not modified, improved, or utilized by PEORIA for the
purposes of recreation (i.e. authorized trails) or for providing access to PEORIA’S recreation
amenities.
26. Notice of Adverse Impact; Cure. Ifthe DISTRICT reasonably determines that the hydraulic function
of the Dam to capture, store and convey flood and storm water within the Dam Project Area is being
adversely impacted by the Permitted Uses within the PRA (“Adverse Impact”), PEORIA shall have a
period of sixty (60) days after written notice is given by the DISTRICT to correct the Adverse Impact.
If PEORIA, in the sole and exclusive view of the DISTRICT, does not correct the Adverse Impact
within sixty (60) days after written notice is given, the DISTRICT reserves the right to correct such
condition, and PEORIA shall reimburse the DISTRICT for its total costs associated with such
correction within thirty (30) days of receipt of an invoice from the DISTRICT.
27. Inundation of Water. The DISTRICT shall have the sole, absolute, and unrestricted discretion
and authority, without liability to PEORIA, or any third parties for damages of any kind, to allow
water to inundate the Dam Project Area, which includes the PRA, and any recreational facilities,
which inundation may occur with no advanced warning; provided however, that the DISTRICT
shall use good faith efforts to provide as much notice as practicable. The DISTRICT is not
responsible for any damage to any improvements in the PRA caused by the impoundment or
movement of water and water-borne materials, including, without limitation, damage due to
erosion and/or deposition of sediment and debris. The DISTRICT shall not be responsible for loss
of access and use of the PRA during periods of time when the Dam Project Area may be functioning
and holding and/or conveying water.
28. DISTRICT Maintenance Stipulations
A. Should maintenance or operation of the DISTRICT’s flood control features require temporary
closure of PEORIA’S recreational amenities, PEORIA shall, upon receiving notice from the
DISTRICT that the recreation amenities need to be closed, cause the facilities and/or
JUA FCD 20204923 PAGE 10 OF 35

improvements to be temporarily closed. The DISTRICT shall make good faith efforts to
complete its maintenance activities, structural repair and replacement of flood control features
promptly and to minimize damage and interruption to PEORIA’S recreational amenities and
uses. PEORIA shall be responsible for restricting public access to the affected PRA during the
closure period. The DISTRICT shali give PEORIA no fewer than sixty (60) days written notice
for non-emergency closures. In the event of a flood related emergency, the DISTRICT shall
have unrestricted emergency O&M access (without advance notice to PEORIA if necessary).
The DISTRICT shall not be held responsible for any losses resulting from temporary closures.
B. The DISTRICT may need to remove, or have PEORIA remove, specific improvements in order
for the DISTRICT to perform maintenance, or to make structural repairs to flood control
features of the Dam. The DISTRICT will not be responsible for damage caused by removal of
or for replacing these improvements to perform maintenance or make structural repairs to flood
control facilities unless damaged by gross negligence on the DISTRICT’S part. Grossly
negligent damages, for purposes of this Agreement shall be considered damages caused by the
DISTRICT which were unintended and avoidable.
29. Default. It shall be a default and breach of this Agreement if PEORIA fails to operate and maintain
the PROJECT pursuant to the terms and conditions of this Agreement. The DISTRICT will notify
PEORIA in writing of default and allow PEORIA one hundred twenty (120) days from receipt of
the notice to correct the default and/or deficiency(ies).
A. If, after one hundred twenty (120) days, all of the noted deficiencies are not corrected to the
DISTRICT’s reasonable satisfaction, the DISTRICT may, at its sole discretion, unilaterally
terminate this Agreement upon written notice to PEORIA. Upon termination due to default,
the improvements shall be removed by PEORIA at its sole cost and expense, and the property
shall be returned to its original condition, or a condition approved by the DISTRICT. If such
default is of a nature that it cannot reasonably be cured within said one hundred twenty (120)
calendar days, then the cure period may be extended by mutual agreement of the Parties, in
writing, for such longer time as may be reasonably necessary, so long as PEORIA commences
to cure failure within said one hundred twenty (120) day period, in good faith and with due
diligence, and thereafter diligently and continuously pursues the same to completion.
B. The DISTRICT may also exercise any other remedy available at law or in equity.
30. Surrender. Upon the expiration of the Term defined herein, or upon any mutually agreed
termination date for reasons other than the default of PEORIA, then PEORIA shall, at its sole cost
and expense:
A. Prepare a closure plan for PEORIA’s removal of its personal property and/or recreational
amenities that are not considered real property within one hundred eighty (180) days of the
expiration date or termination date of this Agreement. The plan shall be reviewed and approved
by the DISTRICT.
B. Demolish and/or remove all vertical improvements on the PRA and return the property to a
condition as similar as possible to the condition of the property at the time of execution of this
Agreement; and
C. Remove any personal property and/or furniture, fixtures, and equipment owned by PEORIA
and/or others from the PRA; and
D. Remove all garbage and debris, to include inoperable or obsolete equipment, from the PRA.
Any property, garbage, and/or debris of PEORIA not removed within the one hundred eighty
(180) day period set forth above shall be deemed to have been abandoned by PEORIA and
DISTRICT may dispose of such property in any fashion it may deem desirable. PEORIA shall
be responsible for paying all reasonable costs incurred by the DISTRICT, if any, to remove
and dispose of abandoned items, garbage, and/or debris.
JUA FCD 20204023 PAGE 11 OF 35

31. Disputes. In the event of any dispute, claim, question, or disagreement arising from or relating to
this Agreement or the breach thereof, the Parties hereto mutually agree to use reasonable efforts to
resolve the dispute, claim, question, or disagreement at the lowest level possible and to proceed
diligently with performance to the degree unaffected by the dispute or pending dispute resolution.
If the matter cannot be resolved and/or is not resolved, either Party may seek any remedies provided
by law.
32. Liens. If, in connection with any materials supplied to, or any work done, or claimed to have been
done by or on behalf of PEORIA, or any contractor or subcontractor of PEORIA, in connection
with PEORIA’s operation and maintenance obligation hereunder, any construction, mechanic’s,
laborer’s, or materialman’s lien or any lien of any nature whatsoever, shall be filed against the PRA
or any part thereof, PEORIA shall promptly (and in any event within thirty (30) days following
notice from the DISTRICT demanding such discharge) cause the same to be discharged of record,
by payment, deposit, bond, order of a court of competent jurisdiction or otherwise, or insured over
to the satisfaction of the DISTRICT. If PEORIA fails to cause such lien to be discharged within
such thirty (30) day notice period, then, in addition to any other right or remedy, the DISTRICT
may, but shall not be obligated to, discharge the same either by paying the amount claimed to be
due or by procuring the discharge of such lien by deposit or bonding. Any amount so paid by the
DISTRICT, with all costs and expenses (including but not limited to attorney’s fees) incurred by
the DISTRICT in connection therewith, together with interest thereon at a rate of ten percent (10
%) per annum (the “Default Rate”) from the dates of the DISTRICT’s making of the payment or
incurring of such costs and expenses, shall be paid by PEORIA to the DISTRICT on demand. All
possessory interest taxes and assessments which become due and payable upon the PRA, or other
personal property thereon, shall be the full responsibility of PEORIA, and PEORIA shall cause said
taxes and assessments to be paid promptly.
33. Hazardous or Regulated Substances. It is understood that no Hazardous or Regulated Substances
(as those terms are hereinafter defined) are to be used, stored, generated, or disposed of on, in or
about the Dam Project Area, which includes the PRA, without first obtaining the DISTRICT’s
written consent thereto, which consent the DISTRICT may give or withhold in its sole reasonable
discretion, and then only in compliance with all applicable state, federal, or local governmental
statutes, laws, permits, ordinances, codes, and regulations.
A. For the purposes of this Agreement, the term “Regulated Substances” shall include substances
defined as “regulated substances,” “hazardous waste,” “hazardous substances,” “hazardous
materials,” “toxic substances” or “pesticides” in the Resource Conservation and Recovery Act,
as amended by the Hazardous and Solid Waste Amendments of 1984, the Comprehensive
Environmental Response, Compensation and Liability Act, as amended in 1986 to include
Superfund Amendments and Reauthorization Act, the Hazardous Materials Transportation Act,
the Toxic Substance Control Act, the Federal Insecticide, Fungicide and Rodenticide Act, the
relevant local and state environmental laws, and the regulations, rules and ordinances adopted
and publications promulgated pursuant to the local, state and federal laws.
B. Management and proper disposal of ali hazardous material is the responsibility of the PEORIA.
Any such hazardous substances must be disposed of pursuant to and in compliance with all
required laws and regulations concerning the use and disposal of such substances. PEORIA
must keep appropriate and required documentation relating to the management and disposal of
all hazardous material.
C. Inthe event the presence of Hazardous Substances or Regulated Substances on, in or about the
PRA results in contamination of the PRA and/or Dam Project Area, then PEORIA shall be
solely responsible and take any and all necessary actions to return the PRA and/or Dam Project
Area(s) to the condition existing prior to the presence of any such Hazardous Substance or
Regulated Substance. The Parties expressly acknowledge and agree that PEORIA’s obligations
JUA FCD 20204023 PAGE 12 OF 35

hereunder shall not apply to any contamination caused by the presence of Hazardous
Substances or Regulated Substances placed, used, stored, generated, or disposed of on, in or
about the Dam Project Area by the DISTRICT.
34, Indemnification. PEORIA agrees to indemnify DISTRICT for any and all injuries or damages
caused by or arising from any activity in the PRA, except such injury or damage caused by or
arising solely from the gross negligence or willfulness of DISTRICT, its officers, employees,
agents or contractors.
35. Notices. All notices, requests, demands or other communications (“Notices”) required by this
Agreement or otherwise given in respect of any transactions contemplated hereby, shall be in
writing and served by personal delivery, by commercial courier delivered over a receipt or
deposited with the United States Postal Service, certified mail, return receipt requested, with proper
postage affixed, addressed and directed to the Party to receive the same as follows:
Ifto the DISTRICT: — Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
Attn: Director
Ifto PEORIA: City of Peoria
8401 West Monroe Street
Peoria, Arizona 85345
Attn: City Manager
A. Except as otherwise specifically stated in this Agreement, all Notices shall be effective upon
delivery and shall be deemed delivered on the date and time of delivery if delivered in person,
or if deposited with the U.S. Postal Service, on the third business day following the date of
mailing. Any Party may designate a different person or entity or change the place to which any
Notice shall be given as herein provided, which Notice shall be effective after the same is
actually received by the other Party.
B. Each Party shall send written notification to the other of any address changes over the life of
the Agreement.
36. Stormwater Management. Each Party to this Agreement shall take reasonable and necessary
actions within their authority to ensure that only storm water is discharged into the Dam Project
Area, and that such discharges comply at the point of discharge with any applicable requirements
of the Clean Water Act, Arizona Pollutant Discharge Elimination System, or any other applicable
discharge requirements, including any permit requirements.
37, Non-exclusive Use. In the event that other entities express an interest to the DISTRICT in utilizing
the PRA, or portions thereof, for compatible uses, PEORIA agrees to accommodate these additional
uses to the degree practical.
38. Prior Rights. Prior rights and easements conveyed by the DISTRICT to other parties in previous
Agreements shall supersede the terms of this Agreement, unless otherwise agreed in writing.
39. General Provisions
A. This Agreement is not intended to constitute, create, give to, or otherwise recognize a joint
venture agreement or partnership or formal business organization of any kind between the
JUA FCD 20204023 PAGE 13 OF 35

| DISTRICT and PEORIA and the rights and obligations of the Parties shall be only those
expressly set forth in this Agreement.
B. The waiver by either Party of any breach of any one or more of the covenants, conditions or
provisions of this Agreement shall not be construed to be a waiver of any subsequent or other
breach of said covenants, conditions or provisions of this Agreement. Any failure on the part
of either Party to require or exact full and complete compliance with any of the covenants,
conditions or provisions of the Agreement shall not be construed to, in any manner, change the
terms hereof or preclude such Party from enforcing the full provisions of this Agreement.
C. The paragraph or section headings used in this Agreement are for the purpose of convenience
of reference only. They will not be construed in any manner, or to any extent, to limit or to
extend the effect or meaning of the terms and provisions contained thereunder.
D. The Parties intend for this Agreement to comply with applicable laws. If any provision of this
Agreement is determined to be invalid, void, or illegal, then such determination shall not affect,
impair, or invalidate any other provision hereof, and the remaining provisions shall remain in
full force and effect and the Parties shall use their commercially reasonable efforts to restate
the invalid provision to the end that it complies with applicable laws.
E. The Parties agree to act in good faith and with fair dealing with one another in the execution,
performance and implementation of the terms and provisions of this Agreement. Whenever
the consent, approval or other action of a Party is required under any provision of this
Agreement, such consent, approval or other action shall not be unreasonably withheld, delayed
or conditioned by a Party unless the provision in question expressly authorizes such Party to
withhold or deny consent or approval or decline to take action in accordance with a different
standard, in which case the consent or approval or the decision to not take action may be
withheld, delayed or conditioned in accordance with the different standard.
F, Each of the Parties hereto shall execute and provide all additional documents and other
assurances that are reasonably necessary to carry out and give effect to the intent of the Parties
reflected in this Agreement.
G. This Agreement shall be deemed to be made under, and shall be construed in accordance with
and shall be governed, interpreted and regulated by, the laws of the State of Arizona, and
arbitration proceedings, if applicable, or suit to enforce any provision of this Agreement or to
obtain any remedy with respect hereto may be brought in the Superior Court of the State of
Arizona, Maricopa County, and for this purpose each Party hereby expressly and irrevocably
consents to the jurisdiction of said Court.
H. If suit or action is commenced to enforce compliance with any term, covenant or condition of
this Agreement, the Party not prevailing shall pay to the prevailing party a sum which the trial
judge determines is reasonable as attorney fees to be allowed in the suit or action, and court
costs, and if appeal is taken from any judgment or decree in the suit or action, the Party not
prevailing on the appeal shall pay to the prevailing Party such further sum as the appellate court
shall adjudge reasonable as attorney fees on appeal, and court costs.
I. This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument. Faxed,
electronically transmitted and copied signatures are acceptable as original signatures.
J. Time is of the essence in this Agreement. If the date for performance of any obligation
hereunder or the last day of any time period provided herein shall fall on a Saturday, Sunday
or legai holiday, then said date for performance or time period shall expire on the first day
thereafter which is not a Saturday, Sunday or legal holiday.
K. Attached to this Agreement or contained herein, are the written determinations by the
appropriate attorneys for the parties to this Agreement, that these agencies are authorized under
the laws of the State of Arizona to enter into this Agreement and that it is in proper form.
SUA FCD 26204923 PAGE 14 OF 35

L. If legislation is enacted after the effective date of this Agreement, which changes the
relationship, or structure of one or more parties to this Agreement, the Parties agree that this
Agreement shall be renegotiated at the written request of either Party.
M. This Agreement, together with any amendments attached hereto, constitutes the entire
Agreement between the Parties and sets forth all of the covenants, promises, agreements,
conditions or understandings, either oral or written, between PEORIA and the DISTRICT,
other than as set forth herein, and those agreements that are executed contemporaneously
herewith. This Agreement cannot be modified or changed except by a written instrument
executed by the DISTRICT and PEORIA.
40. Director Authorization. The DISTRICT Director is authorized to conduct required
administrative actions as may be necessary to carry out the intent of this Agreement.
41. City of Peoria Authorization. The City Manager or his/her delegee is authorized to conduct
required administrative actions as may be necessary to carry out the intent of this Agreement.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ON FOLLOWING PAGES.
JUA FCD 2020A023 PAGE 15 OF 35

DocuSign Envelope 1D; ED2267F5-CB79-435E-B5B5-8B3ACDB1F804
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
“Recommended by:
DocuSigned by:
Midvacl Fulton 1/5/2021
Michael A. Fulton Date
Director
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing Agreement FCD 2020A023 has been reviewed pursuant to Arizona Revised Statutes 11-952,
as amended, by the undersigned General Counsel who has determined that it is within the powers and
authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona.
DocuSigned by:
Wage Pere 1/5/2021
82E0BD10DB524D1..,
Flood Control District Counsel Date
JUA FCD 20204023 PAGE 16 OF 35

CITY OF PEORIA
A Municipal Corporation
By: ‘
Jeff Tyne, City Manager Date
Attest:
DY: AAAS A A
City Clerk
The foregoing Agreement FCD 2020A023 has been reviewed pursuant to Arizona Revised Statutes 11-952,
as amended, by the undersigned attorney who has determined that it is in proper form and within the power
and authority granted to the City of Peoria under the laws of the State of Arizona.
By: ys __12fat/r020
Seep Mansso!
City Attorne Daté
JUA FCD 2020A923 PAGE 17 OF 35
LCON 09320

JUA FCD A023
EXHIBIT “A”
New River Dam Project Area
TSN, RIE N
5
eR
ee
“ie
meen ) :
een i |
i 4
' 4
mn
a g
rant i’
j
Ny i
| “New River Dam Projeat: dra". Nt i
122 a. \ 23] 24 \: BESRS
ie T: NS 2of2s
| f Passive
5	1	27	4	5	4	1386	1504	206	41	95.420952	Recreation
5	1	27	4	5	5	1608	1500	108	44	67.924255	Area | 261-09-004E
(Sea Defal! Exhibit a) oN —
ee
207-418-008 : oN i
“Park Area” \ it
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rae EI pee ee IEE A trLsslray i siete
es ) Ze Gi sie hs PEE “1 = F) Was Ey Ne ast, ey — a Hs Egat) 4 a Rabat
he, vans tHE dicey GER Fy “Ca ‘ |
pagel Paes ssytey a Nciai| S| mt jomvatit A
A Portion of the New River Dam REE 201-20-0010
LON,
Results of Survey: Book 1060, Page 32 mcr,
Sactions 22 - 27, 35 and 36 TEN, RIS 1g New River Dam Project Area"
of the Gia and Salt River ieridian,
KV Pasaive
5	1	51	1	1	3	1685	2652	181	48	56.477043	Recraatlon
5	1	51	1	1	4	1874	2654	91	43	70.126366	Area (PRA)
EXHIBIT “A*
Floed Contrat Deatiiet of Maraopa County
JOINT. USE AGREEMENT JUA FCD 20204023 Paga taf 4
08-03-2020 Maricopa County Real Balate Department |
JUA FCD 2020A023 PAGE 18 OF 35

JUA FCD 2020A023
EXHIBIT “B”
Legal Description of the Passive Recreation Area
(Page 1)
Those portions of Sections 22 through 26 and Sections 35-36 of Township 5 North, Range 1 East of the
Gila and Salt River Base and Meridian, Maricopa County Arizona, comprised of lands owned by the
Flood Control District of Maricopa County which are: (1) described in the list below; (2) more
particularly described in the written legal description of the PRA set forth on the next page of this Exhibit
B (contains four pages); and (3) depicted on the map pages 1 through 5 that follow the written legal
description in this Exhibit B:
Existing APN as | DISTRICT Parcel Section | MCR Document | MCR Recording
of 06/30/2020 Number Number Date
201-19-003D NRD-001 22 1984-0412891 09-20-1984
201-03-006 NRD-002 23 1995-0233787 | 04-26-1995
201-03-002 NRD-003 24 1979-0039474 02-01-1979
201-03-007 NRD-004 24 1995-0233787 04-26-1995
201-03-003E NRD-005 24 1979-0039474 02-01-1979
201-03-005 NRD-007 26 1979-0039474 | 02-01-1979
201-03-004E NRD-008 25 1979-0039474 | 02-01-1979
201-20-002 NRD-011 35 1979-0039474 | 02-01-1979
201-20-001D NRD-013 35 1983-0377912 | 09-20-1983
201-39-656 A020-01 25 2004-0798171 07-13-2004
JUA FCD 2020A023 PAGE 19 OF 35

EXHIBIT “B”
Joint Use Agreement (JUA)
FCD 2020A023
LEGAL DESCRIPTION “PASSIVE RECREATION AREA”
Parcels of land per documents 1995-0003452, 1983-0377912, 1995-0233787, 1979-0039474, 1995-
0233787, 1984-04 12891, 2004-0798171, anid 2017-0760189, Records of Maricopa County, being all of
or portions of Sections 22, 23, 24, 25, 26, 27, 35 and 36, Township'5 North, Range I East of. the Gila
and Salt River. Base and Meridian, Maricopa County, Arizona, more particularly described as follows:
Commencing at the Southwest comer of snid Section 22, being a brass cap, from which the West
Quarter corner of said: Section 22, @ brass.cap, bears North 00°23'S6" Eaat, for a distance of 2639.95
feet;
thence along the Sonth line of said Section 22 South 89°42'12” East, for a distance of $38.44 feet to the
Point of Beginning;
thence departing said South line North 19°40'06" East, for a distance of 333,39 feet;
thence ‘North 19°47'43" East, for a distance of 1208.68 feet to the beginning of a tangent curve concave
to the west having a radius of 2897.79 feet;
thence northerly along the are of said curve having a central angle of 08°36'09", for an are distance of
435.08 fect to the beginning of'a tangent line;
thence North 11°11'34" Bast, for a distance of 3459.04 feet;
thence South 89°28'S4”" East, for a distance of 483.88 feet;
thence South 00°05'59" West, for a distance of 990,50 feet;
thence South $9°26'35" East, for a distance of 330.46 feet;
thence South 00°07'22" West, for a distance of 330,24 feet;
thence South 89°39'18" East, for a distance of 1312.08 feet;
thence North 00°29'53" East, for a distance of 1327.25 fect:
thence South 89°55'41" East, for adistance of 1320.76 feet;
thence North 89°37'49" East, for a distance of 2647.44 feet;
thence South 60°07'03" West, for.a distance of 663.27 feet:
thence North 89°43'22" East, for a distance of 2650.47 feet;
thence South 00°08'41" Bast, for-a distance of'659.84 feet;
thence South.89°39'55" Rast, for a distance of 331.49. feel:
thence South 00°08'19" East, for a distance of 1320,26 fect;
thence North §9°34'00" West, fora distance of 331.35 feet;
thence South 00°23'46" East, for a distance of 330.97 feet;
thence South 89°35'36" East, for a distance of 331.13 feet;
thence South 00°21'31" East, for a distance of 330.82 feet;
thence South 89°37'12" East, for a distance of 330.91 feet:
thence South 00°19'16" East, for a distance of 661,32 feet;
thence South 39°40'25" East, for a distance of 330.47 fect;
thence South 00°17'00" East, fora distance of 661,00 feet;
thencé South 89°43'38" East, for a distance of 330,04: feet;
thence South 00°14'45" Bast, for adistance of 660.69 feet;
thence South 89°46'52" East, for a distance of 659,20 feet;
thence South.00°37'25" West, for a distance of 1325.12 feat;
Page lof 4 Page of
JUA FCD 20204623 PAGE 20 OF 35