UMA WITH AZ MODEL PILOTS SOCIETY.PDF

Use Management Agreement
Between
Maricopa County
And
Arizona Model Pilots Society
For the Promotion, Management, Operation, and Maintenance of the Remote-Control Airfield
located at Adobe Dam Regional Park
#C_________________
This Use Management Agreement (hereinafter referred to as “Agreement”) is entered into between Maricopa
County, a political subdivision of the State of Arizona (hereinafter referred to as “County”), acting on behalf of
its Parks and Recreation Department (hereinafter referred to as “MCPRD”) and Arizona Model Pilots Society, an
Arizona nonprofit corporation (hereinafter referred to as “Concessionaire”). The County and the Concessionaire
are collectively referred to as “Parties” or individually as a “Party.”
RECITALS
WHEREAS, the County is authorized to enter into this Agreement pursuant to A.R.S. §§ 11-201, 11-
251 and 11-933; and
WHEREAS, the County believes the public interest can best be served by contract operation of the
existing remote-control airfield at Adobe Dam Regional Park (“Park”) which comprises a portion of the Maricopa
County Regional Parks System; and
WHEREAS, the County and the Flood Control District of Maricopa County, a political subdivision of
the State of Arizona (“District”), entered into that certain Joint Use Agreement, dated September 8, 1981, as
amended by that certain (i) First Amendment to Joint Use Agreement dated June 21, 1993, recorded as Document
No. 1993-0421100 on June 29, 1993, in the Official Records of Maricopa County, Arizona (“MCR”); (ii) Second
Amendment to Joint Use Agreement dated May 19, 1999, recorded as Document No. 1999-0513221 on May 28,
1999, and re-recorded as Document No. 1999-0666862 on July 14, 1999, in the MCR; (iii) Third Amendment to
Joint Use Agreement dated June 7, 2006, recorded as Document No. 2006-0840478 on June 22, 2006, in the
MCR; and (iv) Fourth Amendment to Joint Use Agreement dated September 22, 2016, recorded as Document
No. 2016-0763640 on October 18, 2016, in the MCR (collectively, the Joint Use Agreement); and
WHEREAS, this Agreement is the result of a solicitation (Serial #210160-LOI Request for Expressions
of Interest for a Public Private Partnership for Development, Operation, Management, and Maintenance of a
Remote-Controlled Airfield or Alternate Recreation at Adobe Dam Reginal Park) released by the County on
October 15, 2020 (“LOI”); and
WHEREAS, Concessionaire submitted a response to the LOI and desires to operate, manage and
maintain the existing remote-controlled airfield on approximately forty-nine (49) acres of the Park (the
“Complex”) as described in Concessionaire’s LOI response (“LOI Response”); and
WHEREAS, the Parties agree the intent of this Agreement is solely for the development, operation,
maintenance, management, and improvement of the Complex and does not convey any interests in land or any
property rights.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements
herein contained and other good and valuable consideration, the sufficiency and adequacy of which the Parties
acknowledge, the Parties agree as follows:
1. Recitals. The Recitals, by this reference, shall be incorporated herein and made a part of this Agreement.
2. Definitions.
A. Annual Management Plan (AMP): The AMP is an annual review conducted jointly by the Parties
to review present, and the next year’s plan for development and/or operations of the Complex, as a
fully described in Exhibits 1 through 11 of this Agreement, all of which are attached hereto and
incorporated herein by this reference.
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B. Contract Year: A Contract Year is from January 1st through December 31st, except the first
Contract Year of this Agreement, which will be from the Effective Date (as defined in Section 5(A)
below, through December 31, 2021.
C. Annual Minimum Fee: A base concession fee required to be paid by the Concessionaire to the
County in the amount a specified fixed amount in accordance with the payment schedule outlined
in this Agreement.
3. Incorporation of LOI. The LOI and the LOI Response are incorporated herein and made part of this
Agreement by reference. If there is any conflict between the provisions of the LOI, LOI Response and
this Agreement, the provisions of this Agreement shall supersede and control.
4. Scope of the Complex.
A. The County hereby grants the Concessionaire the right to operate, manage and maintain the
Complex illustrated in Exhibit 1 – Complex Site Plan, which is more fully described in Exhibit 2
– Complex Activities and Parameters as attached hereto and made a part hereof.
B. The Complex shall conform, at a minimum, to each of the descriptions, terms, and conditions set
forth in Exhibits 1 through 11 of this Agreement, all of which are attached hereto and incorporated
herein by this reference, and shall comply with the requirements of the pertinent land patent(s), the
existing Park’s master plan and/or the Park’s updated master plan, the District’s Flood Impoundment
Restrictions and Guidelines (Exhibit 3 - Development of the Complex - Appendix One Flood
Impoundment Area Guideline and Restrictions), and Phoenix City Streams Flood Control
Project regulations, as well as any approved amendments or revisions thereto.
C. The Concessionaire shall not use the Complex for purposes other than uses permitted under the
terms of this Agreement without express written consent and approval of the County.
D. The Concessionaire, at its sole cost and, shall obtain all applicable permits, environmental
compliances, taxes, assessments, fees, and other expenses of any nature associated with the
management, operation, maintenance or improvement of the Complex as more fully described in
Exhibits 1 through 11 attached hereto and made a part hereof. Notwithstanding the foregoing, the
Concessionaire shall not be liable for any expenses for or associated with improvements initiated
by the County and the District for their purposes and unrelated to Concessionaire activities.
E. The Concessionaire shall not commence with any modifications to the Complex, permitted plans,
or any new construction, development, or improvements without the express written consent and
approval of the County and the District.
5. Term and Fees.
A. The term of this Agreement shall be ten (10) years (“Term”), commencing on the date it is fully
executed by the Parties (“Effective Date”).
B. Fees. The Concessionaire shall pay the County's Annual Minimum Fees as shown in the fee
payment schedule below (“Fee Payment Schedule”) and as administered in Exhibit 8 - Accounting
and Fees.
FEE PAYMENT SCHEDULE
AMPS
Contract Annual Minimum Fee
Year Period $100 Increase Per Year
Effective Date
1 thru 12/31/2021 $8,000.00
2 1/1/2022-12/31/2022 $8,100.00
3 1/1/2023-12/31/2023 $8,200.00
4 1/1/2024-12/31/2024 $8,300.00
5 1/1/2025-12/31/2025 $8,400.00
6 1/1/2026-12/31/2026 $8,500.00
7 1/1/2027-12/31/2027 $8,600.00
8 1/1/2028-12/31/2028 $8,700.00
9 1/1/2029-12/31/2029 $8,800.00
10 1/1/2030-12/31/2030 $8,900.00
*Contract Year One (1) Annual Minimum Fee reduced by ($x,xxx (xxxx)) as
per separate agreement with the County.
6. Termination.
A. This Agreement may be terminated for cause in whole or in part, at any time, by the County, upon
sixty (60) calendar days prior written notice to the Concessionaire without any penalty or liability
to County. Concessionaire and its employees, agents, officers, directors, members, successors, or
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assigns hereby waive any and all rights to bring any claim against County or its employees, agents,
officers, directors, members, successors, or assigns from or relating in any way to County’s
termination of this Agreement. Representative reasons for “cause” include, but are not limited to:
(i) the real property, or a portion thereof, reverts to the agency from which any patent was received;
(ii) the real property is no longer useful for a recreational purpose; and/or (iii) new requirements
imposed upon the County make a continuation of the Agreement unreasonable.
B. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions
of A.R.S. § 38-511.
C. This Agreement may be terminated without cause with the 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. Written notice of the
request for termination shall be sent to the other Party pursuant to the notice provisions set forth in
Section 15 of this Agreement. If the request for termination is initiated by the Concessionaire, the
County may select an interim operator (or may choose to become the interim operator) to act as the
Concessionaire until a replacement concessionaire has been selected. Within forty-five (45)
calendar days of the date the interim operator commences operations, or sooner if the Parties agree,
the Concessionaire shall pro-rate any membership fees, fees paid for future service, or other fees
and shall pay such pro-rated amount to the interim operator. The Concessionaire shall pay to the
interim operator all security deposits received by Concessionaire for events, or functions be held at
the Complex, scheduled after the termination date of this Agreement.
D. Should the Concessionaire, with the consent of the County, continue to provide the services
described hereinafter, beyond the expiration of the Term, without having entered into a subsequent
agreement of like nature and content to this Agreement, this shall be deemed a holdover of the
Complex 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, the Concessionaire is
required to vacate and may no longer holdover.
7. Default.
A. It shall be a default and breach of this Agreement by Concessionaire if any of the following shall
occur at any time during the Term:
1) Failure to make payment of any monetary sums specified to be paid by the Concessionaire
under this Agreement on or before the date the same shall become due, and such failure
continues for a period of thirty (30) calendar days after written notice of such default is given
to the Concessionaire.
2) Failure of the Concessionaire to make satisfactory progress, in the County’s sole discretion, to
meet the mutually agreed-upon annual milestones set forth for each Contract Year.
3) Failure to operate and maintain the Complex, as more fully described in Exhibits 2 through
11, attached hereto and made a part hereof, pursuant to the terms and conditions of this
Agreement, where such failure continues for a period of thirty (30) calendar days after written
notice of such default is given to the Concessionaire, provided, however, that if such default is
of a nature that it cannot reasonably be cured within said thirty (30) calendar days, then the cure
period may be extended by the County, in writing, for such longer time as may be reasonably
necessary, so long as the Concessionaire commences to cure the failure within said thirty (30)
day period, in good faith and with due diligence, and thereafter diligently and continuously
pursues the same to completion.
4) A breach of Concessionaire’s representations and warranties set forth in Section 13 of this
Agreement.
5) Institution or filing by or against the Concessionaire of insolvency, receivership or bankruptcy
proceedings or any other proceedings for the settlement of Concessionaire’s debts and not
dismissed within ninety (90) calendar days from the date of such filing or institution.
6) Appointment of a receiver, guardian, conservator, trustee or assignee, or any other similar
officer or person to take charge of all of the property or businesses of the Concessionaire and
such appointment is not vacated within ninety (90) calendar days after the date of appointment.
7) Any general assignment for the benefit of creditors by Concessionaire.
8) All of the Concessionaire’s assets located at the Complex or interest in the Complex being
subjected to attachment, execution or other judicial seizure.
9) Insolvency of the Concessionaire.
10) Concessionaire’s dissolution or ceasing to do business.
B. Upon determination by the County that the Concessionaire is in default, the County shall be entitled,
at its discretion and selection, to exercise one or more of the following remedies:
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1) Terminate this Agreement, without penalty or liability to the County, by giving the
Concessionaire written notice of termination. Upon the issuance of the written notice of
termination, all of the Concessionaire’s rights in the Complex and under this Agreement shall
terminate immediately.
2) Within the written notice of termination, the County, in its sole discretion, shall direct the
Concessionaire to (i) surrender and vacate the Complex, and the County may enter and take
possession of the Complex and eject all parties in possession, or eject some and not others, or
eject none; or in the alternative, the County may (ii) at the Concessionaire’s sole cost, and
expense (a) demolish and/or remove all, or a portion of, improvements on the Complex and
return the property, or a portion of the property, to a condition as similar as possible to the
condition of the property at the time of execution of this Agreement; and/or (b) remove all
personal property, trade fixtures, equipment, and inventory owned by Concessionaire and repair
any damage caused to the Complex as a result of the removal of built-in fixtures; and/or (c)
remove all garbage and debris, to include inoperable or obsolete equipment, from the Complex,
all by the date(s) specified by the County.
a) Termination under this Section shall not relieve the Concessionaire of the obligation for
payment of any sums due to the County or from any claim for damages previously accrued
or then accruing against the Concessionaire. In addition, if the Concessionaire fails to
remove all personal property and garbage/debris from the Complex in the timeframes
specified by the County, Concessionaire shall pay all costs incurred by the County to
remove and dispose of such property in any manner it may deem desirable, within thirty
(30) calendar days of receipt of an invoice from the County.
b) If the Agreement is terminated for default, the Concessionaire shall, and hereby covenants
to, peaceably and quietly surrender the Complex to the County and to execute and deliver
to the County such instruments as shall be required by the County, to evidence termination
of the Concessionaire’s rights hereunder, its interest herein, and to certify that the
Concessionaire has not encumbered the Complex.
3) The County may exercise any other remedy available at law or in equity.
C. It shall be a default and breach of this Agreement by County if the County fails to perform any of
its material obligations hereunder and such failure to perform continues for a period of thirty (30)
calendar days after written notice thereof from the Concessionaire to the County (unless such failure
cannot reasonably be cured within thirty (30) calendar days. In this event, the County shall have
commenced curing said breach or failure within said thirty (30) calendar day period and shall
diligently pursue cure of the failure or breach to completion to avoid being in default). Should the
County continue to be in default without the pursuit of a cure, the Concessionaire may terminate
this Agreement with a ninety (90) calendar day written notice to the County.
8. Surrender. Upon the expiration date or any termination date for reasons other than the default of the
Concessionaire, the Concessionaire shall, unless otherwise approved by the County, within sixty (60)
calendar days from the expiration date or termination date of this Agreement, at the County’s sole
discretion, conduct three (3) or more of the following tasks:
A. Execute a Certificate of Acknowledgement that the Concessionaire has vacated and relinquished all
possessory rights to the Complex to the County as well as represent and warrant that the
Concessionaire has not encumbered the Complex; and/or
B. Demolish and/or remove all, or a portion of, the improvements on the Complex as specified by the
County 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/or
C. Remove all personal property, trade fixtures, equipment, and inventory owned by Concessionaire
from the Complex and repair any damage caused to the Complex as a result of the removal fixtures.
Any such items not removed within the specified timeframe shall be deemed to be abandoned by
Concessionaire. Concessionaire shall pay all costs incurred by the County to remove and dispose of
such property in any manner it may deem desirable, within thirty (30) calendar days of receipt of an
invoice from the County; and/or
D. Remove all garbage and debris, including inoperable or obsolete equipment, from the Complex. If
Concessionaire fails to remove all garbage and debris (including inoperable or obsolete equipment)
within such timeframe, Concessionaire shall pay all costs incurred by the County to remove and
dispose of said items within thirty (30) calendar days of receipt of an invoice from the County.
9. Financing.
A. The Concessionaire may not mortgage or encumber any improvements that are permanently affixed
to the land or any lands upon which the Complex lies. Improvements that can be disassembled and
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removed without damage to the underlying real estate are not considered permanently affixed (e.g.,
above groundwater treatment).
B. The Concessionaire or any of its contractors or subcontractors shall not have any authority to create
any lien against the County for labor, materials, or services furnished by the Concessionaire, its
contractors, or subcontractors. If, because of any act or omission (or alleged act or omission) of the
Concessionaire, any mechanic’s, materialman’s or other liens, charge or order for the payment of
money shall be filed or recorded against the County (whether or not such lien, charge or order is
valid or enforceable as such), the Concessionaire shall immediately notify the County. The
Concessionaire will, at its own expense, cause the same to be canceled and discharged of record
within thirty (30) calendar days after the Concessionaire received written notice of the filing thereof,
or the Concessionaire may, within the said period of time, furnish to the County a bond satisfactory
to the County against said lien, charge or order, in which case the Concessionaire will have the right
in good faith to contest the validity or amount thereof, as provided by law.
10. Indemnification and Insurance.
A. The Concessionaire, for itself, its agents, officers, directors, partners, vendors, contractors,
employees, assignees, sub-concessionaires, licensees, invitees, or any and all other persons claiming
rights through the Concessionaire, shall, to the fullest extent permissible by law, indemnify, defend
and hold harmless the County, including agents, officers, directors, and employees thereof, from
and against any and all loss or expense of any nature whatsoever, incurred as a result of any claim
or suit of any nature whatsoever, which arises in any way, either by neglect, willfulness, action,
omission to act or other failures of any nature whatsoever pursuant to this Agreement. The
Concessionaire shall be liable and responsible for, including but not limited to, reasonable attorneys’
fees, court costs, awards and other expenses relating to the defense against claims or litigation,
incurred by the County. This clause shall, in all instances, be interpreted to find that the obligation
to defend, indemnify, and hold harmless does fall to Concessionaire. The scope of this
indemnification does not extend to the sole negligence of the County.
B. The Concessionaire shall secure and maintain the following insurance coverage within five (5)
business days of the Effective Date:
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 one million dollars ($1,000,000) per claim and two million dollars ($2,000,000)
aggregate limits, or evidence of self-insurance acceptable to the County, for injuries or damage
received or sustained by any person(s), or property at the Complex.
2) Waiver of Subrogation/recovery against the County shall be included in all policies.
3) Environmental cleanup and pesticide/herbicide coverage shall be included unless
documentation provided by the Concessionaire that this is not available or feasible.
4) Worker’s Compensation, if applicable, with limits not less than one million dollars ($1,000,000)
for each accident, one million dollars ($1,000,000) disease for each employee, and one million
dollars ($1,000,000) disease policy limit.
5) The insurance coverages will be reviewed annually, no later than December 31 of each year, as
part of the AMP pursuant to the terms of the Agreement. The County reserves the right to
request a copy of all claims (including but not limited to incident reports, damages).
6) The County reserves the right to revise the minimum required limits of insurance during the
term of this Agreement, provided the changes are consistent with market conditions, prudent
business judgment, and industry standards.
C. The County and the District shall be named as “additional insureds” under all policies of insurance.
Copies of all insurance policies or certificates thereof will be made available to the County upon
request. Copies of the Certificate of Insurance will be furnished annually to the County. The County
will be given thirty (30) calendar days advance written notice of cancellation of a policy, non-
renewal, or change in coverage or limits.
D. The Concessionaire assumes all risk of loss and shall be responsible for any and all losses to the
Complex and all improvements, acquired or developed within the Complex after the Effective Date.
The loss to the Complex 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, prior to commencement of, or during, the Term of this
Agreement, any property, real or personal, under the control of the Concessionaire or any buildings
or improvements or such fixtures or equipment on, below, above, or appurtenant to the Complex at
the commencement of the Term or hereafter erected, installed or placed thereon shall be destroyed
or damaged in whole or in part by any cause except condemnation, the Concessionaire will notify
the County immediately. The Concessionaire will immediately secure the area to prevent injury,
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vandalism, or further damage to persons, improvements, and contents thereof and direct its insurer
to make any payment to the appropriate Party.
E. If the destroyed or damaged buildings, improvements, fixtures or equipment under the control of
the Concessionaire are capable of restoration, in the reasonable judgment of the County and
Concessionaire, this Agreement shall continue in full force and effect, except that established fees
payable to the County by the Concessionaire, to the extent not covered by insurance, shall be abated
to the extent that the damage or restoration interferes with the Concessionaire’s operations. The
Concessionaire agrees to cooperate in the determination of the abatement or other relief to be
provided by furnishing all information requested relative to its operations, permitting examination,
and audit of all accounting records kept in connection with the conduct thereof. , The abatement of
fees may be negotiated in relation to the percentage of damage. Fee abatement(s) may be granted
for a period of not more than one hundred eighty (180) calendar days. The Concessionaire will, as
soon after the damage as reasonably possible, apply for all 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 Term
date, or if the damage destroys in excess of fifty percent (50%) of the appraised value of the Complex
on the date of loss (as determined by an independent appraiser), then the Concessionaire or the
County shall have the option to terminate this Agreement in whole or in part. If this Agreement is
terminated pursuant to this provision, any insurance proceeds shall be applied first to remove any
damaged or destroyed improvements and second to pay any loans to the Concessionaire secured by
its interest in this Agreement or any property covered hereby. The balance of the proceeds shall be
divided by the County and the Concessionaire in equal proportions.
11. Assignment.
A. The Concessionaire shall not transfer, sell or assign, transfer or subcontract, in whole or in part, the
Concessionaire’s rights or interests in the Agreement without the prior written approval of the
County.
B. The Concessionaire shall provide at least ninety (90) calendar days prior to the date of the proposed
transfer, written notice of a sale, or assignment of this Agreement, so any requested analysis, study,
and subsequent County approval can be completed prior to the effective date of the transfer, sale or
assignment.
1) The Concessionaire shall deposit with the County a minimum nonrefundable administrative
transfer fee of two thousand five hundred dollars ($2,500.00) upon notification of a potential
sale, transfer, or assignment to reimburse County for administrative costs associated with the
transaction.
2) In connection with a full transfer, sale, or assignment to a designated assignee, the
Concessionaire shall provide the County, for review, any information requested by the County
for purposes of transfer, sale, or assignment of this type of business operation including, but not
limited to, the following:
a. Business and management capability of the designated assignee; and
b. A financial analysis of the Complex operation, including an appraisal of real property
improvements and/or furniture, fixtures and equipment that are included in the transaction,
be conducted before approving a transfer, sale or assignment; and
c. A background check, including a financial profile and criminal history of the key
individuals of the designated assignee.
C. The Concessionaire, upon no less than ninety (90) calendar days prior written notice to the County,
may partner or subcontract with other entity(ies) to operate units of the Complex. Concessionaire
is responsible for all actions, liabilities, and damages of partners, subcontractors, or other entity(ies).
12. Compliance Requirements.
A. The Concessionaire, for itself and all subcontractors, if any, shall not discriminate against any
employee or applicant for employment because of race, age, handicap, disability, color, religion,
sex, sexual orientation, or national origin. The Concessionaire shall comply with Title VI and Title
VII of the Federal Civil Rights Act, the Federal Rehabilitation Act, the Age Discrimination in
Employment Act, the Americans with Disabilities Act of 1990, A.R.S. § 41-1461 et. seq., A.R.S. §
41-1492 et. seq., 29 U.S.C. § 721 (Section 504) and Arizona Executive Order 75-5, which mandates
that all persons shall have equal access to employment opportunities.
B. The Concessionaire, for itself and all subcontractors, if any, agrees to comply with the Immigration
Reform and Control Act (I.R.C.A.) and Arizona statutes, in the performance of this Agreement and,
upon request, permit the County to inspect personnel records to verify such compliance.
C. The Concessionaire, for itself and all subcontractors, if any, shall comply and warrants full
compliance with all federal immigration laws and regulations that relate to their employees, and
their compliance with A.R.S. § 23-214 et seq. A breach of this warranty shall be deemed a material
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breach of this Agreement that is subject to penalties up to and including termination of this
Agreement. The County retains the right to inspect the papers of Concessionaire or sub-
concessionaires’ employee(s) who work on the Complex to ensure that the Concessionaire or sub-
concessionaire is complying with the warranty provided above. The Concessionaire shall make all
papers and employment records of the said employee(s) available during normal working hours in
order to facilitate such an inspection. Nothing herein shall make any Concessionaire or sub-
concessionaire an agent or employee of the County.
D. The Concessionaire for itself and all subcontractors, if any, warrants that it complies with
verification of employment eligibility and E-Verify Program.
E. If Concessionaire engages in for-profit activity and has ten (10) or more employees, and if this
Agreement has a value of one hundred thousand dollars ($100,000) or more, Concessionaire certifies
it is not currently engaged in and agrees for the duration of this Agreement to not engage in, a
boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
13. Concessionaire’s Representations. Concessionaire represents and warrants to the County that the
following statements are true and correct:
A. No person or selling agency has been employed or retained to solicit or secure this Agreement upon
an agreement or understanding for a commission, percentage, brokerage, or contingency fee,
excepting bona fide employees or bona fide established commercial or selling agencies maintained
by the Concessionaire for the purpose of securing business. For breach or violation of this warranty,
County shall have the right to recover the full amount of such commission, percentage, brokerage,
or contingency fee.
B. 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 County and the
Concessionaire and the rights and obligations of the Parties shall be only those expressly set forth
in this Agreement.
C. No person(s) supplied by the Concessionaire in the performance of obligations under the Agreement
is/are considered to be the County’s employees, and no rights of the County’s civil service,
retirement, or personnel rules apply to such person(s).
D. The Concessionaire has total responsibility for determining employee eligibility, all salaries, wages,
insurance of any type, bonuses, retirement withholdings, worker’s compensation, other employee
benefits, and all taxes and premiums appurtenant thereto concerning such persons and shall save
and hold the County harmless with respect thereto.
E. The Concessionaire will ensure full compliance with all applicable terms and conditions of this
Agreement by its agents, partners, employees, vendors, and contractors (including subcontractors
of any tier) and their respective employees. Failure or refusal of the Concessionaire or its agents,
employees, vendors, contractors, sub-contractors, or their employees to comply with these terms
and conditions will be deemed a breach of this Agreement.
F. The Concessionaire has not been debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency.
G. The Concessionaire has not within a three (3) year period preceding this Agreement been convicted
of or had a civil judgment rendered against them for the commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements or receiving stolen property.
H. The Concessionaire is not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with the commission of any of the offenses enumerated
in paragraph (G) of this certification.
I. The Concessionaire has not, within a three (3) year period preceding this Agreement, had
transactions terminated for default.
The Concessionaire shall include, without modification, Sections 13(F) through 13(I) above in all lower
tier covered transactions (e.g., transactions with vendors, contractors) and in all solicitations for lower
tier covered transactions related to this Agreement.
14. Representation and Warranties of County. County represents and warrants to the Concessionaire that
the existing land and improvements are being presented “as-is, where-is” as of the Effective Date of this
Agreement. The County does not imply or provide any warranty with respect to the physical aspects of
the Complex except as set forth herein.
15. Notices. All notices required under this Agreement shall be in writing and given by email delivery with
read receipt, United States Post Office certified mail with return receipt requested, or by commercial
courier served with a receipt, or by hand delivery with a receipt, to each Party’s following address, or
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such other address as either Party may notify the other in writing as provided herein. Any such written
notice shall be considered served when communication is received and signed for, or delivery is refused
or returned to the sender as unclaimed.
For the County: Maricopa County Parks & Recreation Department
Attn: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: emily.miller@maricopa.gov
Phone: (602) 506-9511
For the Concessionaire: Arizona Model Pilots Society
Attn: President
PO Box 10844
Glendale, AZ 85318
Email: rpgirardo@gmail.com
Phone: (602) 363-9435
16. General Provisions.
A. 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.
B. The paragraph or section headings used in this Agreement are for the purpose of convenience or
reference only. They shall 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.
C. 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.
D. 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 not to take action may be withheld, delayed or conditioned in
accordance with the different standard.
E. Except as may be otherwise expressly and specifically set forth in this Agreement, no person or
entity shall be deemed a third-party beneficiary of any of the provisions of this Agreement.
F. The Concessionaire agrees to collect data related to recreation uses occurring within the Complex.
The County, or its designated representative, will provide the forms on which to collect the data.
The Concessionaire will not be required to collect or release data to the County that violates any
privacy statutes, regardless of the originator, or is of a nature that identifies specific individuals as
users of the Complex.
G. There is reserved to the County and their successors or agents, the right of the officers, agents,
employees, licensees, and permittees, or the designees of public bodies, at all proper times and
places, freely to have ingress to, passage over, and egress from all of the said lands, to exercise,
enforce, and protecting their rights and the terms and conditions described in and reserved by this
Agreement, including the right of physical entry to the area for inspection, monitoring, or any other
purpose consistent with any right or obligation of the County under any law or regulation, or to
survey Park users and customers at the Complex. Unless there is an emergency, the right of entry
by County must be coordinated with the Concessionaire to ensure safe entry and reasonable flow of
business.
H. The Concessionaire shall not commit or permit any illegal, morally questionable nuisance or unsafe
condition to be created or maintained on the Complex. The Concessionaire shall not operate or
knowingly permit the operation of any illegal acts upon the Complex.
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I. The Concessionaire hereby agrees and shall provide, obtain and maintain, at its sole cost and
expense, all operating permits and licenses and shall comply with all applicable federal, state,
county, local, and city statutes, laws, ordinances, rules, regulations, and instructions, including
MCPRD’s rules and regulations (see Exhibit 11 - Park Rules) and Federal Aviation Administration
guidelines, in effect now or as may be amended or added, which apply to the development,
management, operation and maintenance of the Complex, as more fully described in Exhibits 1
through 11, attached hereto and made a part hereof, and to keep fully informed of, and in
compliance with, any changes or revisions thereto.
J. 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, if brought, shall 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.
K. If suit or action is commenced to enforce compliance with any term, covenant or condition of this
Agreement, including any action undertaken in the context of bankruptcy proceedings, 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. If an appeal is taken from any
judgment or decree in the suit or action, the Party not prevailing on the appeal shall pay the
prevailing Party such further sum as the appellate court shall adjudge reasonable as attorney fees
on appeal and court costs.
L. The occurrence of any of the following events shall excuse performance of such obligations of a
Party as are rendered impossible or reasonably impracticable to perform while such continues:
strikes; lockouts; acts of God; governmental restrictions; enemy or hostile governmental action; fire
or other casualties; and other causes beyond the reasonable control of the Party obligated to perform
(each an event of “Force Majeure”).
M. Concessionaire covenants and warrants that the person executing this Agreement on behalf of the
Concessionaire is duly authorized to sign this Agreement and agrees to provide proof of such
authorization, for example, bylaws or a resolution, prior to the execution of this Agreement.
N. This Agreement does not create a leasehold estate, and District shall at all times remain the title
holder of the real property.
O. The MCPRD Director or his/her delegee shall administer this Agreement. 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 the same instrument. Faxed, electronically transmitted, and copied
signatures are acceptable as original signatures.
P. Time is of the essence of this Agreement. If the date for performance of any obligation hereunder
or the last day of any period provided herein shall fall on a Saturday, Sunday or legal holiday, then
said date for performance or period shall expire on the first day thereafter which is not a Saturday,
Sunday or legal holiday.
Q. This Agreement, together with any amendments and exhibits 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 the Concessionaire and the County, and those
agreements that are executed contemporaneously herewith. This Agreement shall be construed as
a whole and in accordance with its fair meaning and without regard to any presumption or other rule
requiring construction against the party drafting this Agreement. This Agreement cannot be
modified or changed except by a written instrument executed by the Concessionaire and the County.
The Concessionaire and the County have reviewed this Agreement and have had the opportunity to
have it reviewed by legal counsel.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK,
SIGNATURE PAGE(S) FOLLOW
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Exhibit 1 – Complex Site Plan at Adobe Dam Regional Park
(Not to Scale)
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Exhibit 1 (continued)
Adobe Dam Regional Park
(Not to Scale)
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Exhibit 1 (continued)
Legal Description
LEGAL DESCRIPTION - ARIZONA MODEL PILOTS SOCIETY
PARCEL - ADOBE MT. RECREATION AREA
Those portions of Section 15, Section 16, Section 21 and Section 22, T4N, R2E of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona, described as follows:
Beginning at the Southwest corner of said Section 15; thence S 89° 36' 48" W, 60.92 feet to a point; thence S
58° 46' 39" W, 312.93 feet to a point; thence N 31° 13' 52" W, 750.00 feet to a point; thence N 58° 46' 08" E,
834.05 feet to a point on the West section line of said Section 15; thence continuing N 58° 46' 08" E. 1665.95
feet to a point; thence S 31° 13' 52."
E, 750.00 feet to a point; thence S 58° 46' 08" W, 850.00 feet to a point; thence S 31° 13' 52" E, 390.00 feet to a
point; thence S 58° 46' 08" W, 800.00 feet to a point; thence N 31° 13' 52" W, 358.72 feet to a point; thence S
58° 46' 06" W, 484.76 feet to the Point of Beginning, containing 50.6 acres more or less.
EXCEPT the North 40 feet along the northwesterly 834.05 feet thereof.
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Exhibit 2 - Complex Activities and Parameters
Exhibit 2 - Complex Activities and Parameters, as stated herein, sets forth the allowable uses of the Complex.
This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP pursuant to
the terms of the Agreement.
The Concessionaire is authorized to organize, administer, and supervise the flying of remote radio-controlled
model aircraft which include, but are not limited to, organization and facilitation of model building and flying
events, as well as provide educational programs as provided herein for Concessionaire’s recreation programs at
the Complex.
1. Complex Use. Concessionaire shall have exclusive right to schedule use of the Complex and for
conducting Complex Special Events (see Section 4 below).
2. Complex Residency. The establishment of a residence, either temporary or permanent, shall not be
permitted on the Complex or within the Park.
3. Complex Activities.
A. The Complex shall be open to the public for spectator viewing.
B. The Concessionaire is anticipated to provide the following recreational activities at the Complex:
1) Remote radio-controlled model aircraft flying field and memberships.
2) All aircraft shall not operate higher than 400 feet above ground surface or louder than 100 dB’s
at a distance of 3 meters from the model aircraft. Decibels, or “dB’s”, as defined is a measure
of the relative intensities of sound.
3) Other types of activities approved in advance by MCPRD.
4. Complex Special Events. Special Events are defined as events for overnight use of lands for trailers,
tents, camping. Special Events require submission and approval of a Special Use Permit (SUP).
A. Special Use Permits (SUPs). The Concessionaire shall, through coordination with the Contract
Administrator and/or the Park Supervisor, coordinate the planning of SUPs for approval by MCPRD
and the District.
1) For planning purposes, it is preferred that the Concessionaire submit annually to MCPRD (by
November 1st) the tentative dates of all Special Events anticipated to occur in the upcoming
calendar year. MCPRD may combine annual activities into an annual SUP for approval by
MCPRD and District.
2) Special Events, not among the annual planned activities SUP, must be submitted to the Contract
Administrator sixty (60) calendar days prior to the event date.
3) SUP applications shall contain a full written description, a timeline of the event, and a map
showing the location of the event.
4) SUPs may require an addendum to the Emergency Evacuation Plan (see Exhibit 9 – Safety).
5) Overnight use of any temporary structures (e.g., tents, trailers), or vehicles of any type
(including recreational vehicles) located below the standard project flood (SPF) pool elevation
is not permitted on the Complex or within the Park without prior authorization. Such
authorization may be obtained through the submission of a SUP application with a map
illustrating the location of the overnight use. SUP applications for overnight use will be
reviewed and approved on a case by case basis.
a) The Concessionaire shall assist in arranging security for vendors and their vehicles that
remain on the Complex overnight. The County assumes no liability for any vendor
vehicles, equipment, or merchandise located on the Complex.
b) The Park volunteers or staff shall not be assigned the additional responsibility for the
security of vendor vehicles, equipment, or merchandise.
c) All overnight recreational vehicle parking shall be self-contained.
6) Additional recreational vehicle parking beyond the Complex boundaries may be coordinated
with the Contract Administrator and/or Park Supervisor, of which the occupants will pay the
County the published primitive overnight parking/camping fee.
7) SUP’s may be modified within the reasonable notification to the Contract Administrator (e.g.,
weather caused delay would require immediate notification; event cancelation would require a
minimum of thirty (30) calendar day notification).
8) There is always a possibility that any SUP may be canceled by County and/or District due to a
public safety concern.
B. Special Event Vendors. The Concessionaire may invite outside vendors to support Special Events
through the sale of vendor products.
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1) The Concessionaire assumes all liability for outside vendors and is responsible for obtaining all
required licenses, permits, liability, insurance and shall pay all appropriate taxes as well as to
conduct all appropriate income reporting.
2) The County and the District shall be listed as additionally insured on each Certificate of
Insurance required per Agreement Section 10 Indemnification and Insurance.
3) Neither the County nor District is liable for the failure of vendors to comply with these
obligations; however, it is the responsibility of Concessionaire to ensure the outside vendors
are aware of these requirements and the County reserves the right to remove from the Complex
any vendor who is not in compliance with these requirements or vendors with products or
merchandise deemed inappropriate.
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Exhibit 3 – Development of the Complex
Exhibit 3 – Development of the Complex, as stated herein, sets forth the guidelines for the planning, design,
permitting, and construction of the Complex. This Exhibit will be reviewed annually, no later than December 31
of each year, as part of the AMP pursuant to the terms of the Agreement.
1. Planning.
The Concessionaire shall provide conceptual site plans to identify specific Complex Elements, as
defined below, for each proposed improvement to MCPRD and to the District (through District’s
portal). As defined, Complex Elements are those proposed improvements supported by the County
at the time of the execution of this Agreement, and any other improvements that may be agreed upon
from time-to-time between Concessionaire, County, and District.
2. Development.
A. The Concessionaire shall, at its sole cost and expense, shall pay all costs associated with the
Complex design, plan preparation, development, and obtaining all permits from applicable
jurisdictions and all associated costs and fees thereof.
B. The Concessionaire shall design improvements to the Complex at its sole cost and expense.
C. The Concessionaire shall work to procure commodities, services, and facilities that protect and
enhance the overall environment in a diligent, professional, and credible manner within reasonable
fiscal constraints. Practices should include sustainable design features, water conservation
practices, and recycling programs where applicable.
D. Development or improvements may require the completion of the National Environmental Policy
Act (“NEPA”) reviews, cultural resource compliance, or other permits before any improvements or
construction activities commence. The Concessionaire must plan its activities and provide MCPRD,
District, and relevant permitting agencies sufficient time to review all drawings and proposals,
prepare NEPA documentation, as well as prepare and review other documentation as required. Refer
to Exhibit 4 - Resource Management for additional compliance parameters.
E. The Concessionaire understands that the Complex is located within an impoundment area and is
subject to flooding. All proposed development and improvements must adhere to the Adobe Dam
Impoundment Area Development Restrictions and Guidelines (“Restrictions and Guidelines”) as
indicated in Exhibit 3 - Development of the Complex - Appendix One Adobe Dam
Impoundment Area Development Restrictions and Guideline.
F. Concessionaire shall participate, as deemed appropriate by MCPRD, in any effort to amend the Park
Master Plan, including, without limitation, participation in public outreach, or public meetings.
G. The Concessionaire agrees to schedule and conduct any improvements or construction activity on
the Complex in a manner that minimizes hazards and inconvenience to the public.
H. Proposed construction materials stockpiling and/or equipment staging areas are subject to the prior
approval of the MCPRD and District. A plan that, at a minimum, specifies the quantity, type, and
location of the materials/equipment to be stockpiled/stored/staged, the proposed safety and security
for the staging area(s), and a stormwater protection plan, shall be submitted for approval to MCPRD
and District a minimum of sixty (60) calendar days in advance of the proposed activity. Stockpiling
of material on the streets or in the public right-of-way is not allowed at any time.
3. Plan Approval. All development and improvement plans for new construction or improvements shall be
submitted, in writing, to MCPRD and the District (through the District’s portal) for its prior review and
written approval at the conceptual level, thirty percent (30%), sixty percent (60%) and ninety percent
(90%) stages and final stamped sets as required by the respective permitting agency. Final stamped sets
will include the budget, construction schedule, and anticipated dollar expenditures. Any deviation from
the final plans must be approved in writing by MCPRD and/or District. The Concessionaire may
commence construction upon MCPRD’s written notice to proceed after MCPRD and District have
received approved plans and specifications, and the Concessionaire has secured the necessary permits,
licenses, and all other approvals required for the construction of the Complex. If a U.S. Army Corps of
Engineers (USACE) Section 408 Permission is required for proposed improvements, the District will
not issue a ROW Use Permit until said Section 408 Permission is issued by the USACE.
4. Infrastructure. Required infrastructure improvements, which include, but are not limited to, the
following, shall be developed as necessary to serve the development and/or accommodate traffic to and
from the Complex:
A. Roads. The County-maintained existing road(s) within the Park are shown in black on Exhibit 1 –
Complex Site Plan attached hereto and made a part hereof.
B. Water. County and District expressly disclaim all warranties, whether expressed or implied, and
make no representations concerning the availability, quality, or sufficiency of any type of water for
present or future use. Potable water is currently provided by the City of Phoenix. The
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Concessionaire, at its sole cost and expense, shall pay for all costs associated with potable water and
the delivery of potable water to and within the Complex.
B. Wastewater System. There is no current wastewater (including septic) system and no such system
is allowed at the Complex.
C. Electrical. Concessionaire shall be responsible for providing, maintaining, and paying the fees for
the delivery and use of electricity to and within the Complex to include all meters at no cost to
County unless otherwise stated in this Agreement.
D. Easements. The County and District reserve the right to establish or modify access or utility
easements through the Complex:
1) If the proposed new or modified easement is solely for the benefit of County and/or District,
then the costs of design, permitting, construction, and maintenance of the easement and
improvements located therein will be the responsibility of County and/or District. Reasonable
written notice will be provided to the Concessionaire of the location of the proposed
easement(s) and improvements. Construction will be coordinated with Concessionaire.
2) If Concessionaire requests relocation of any existing utilities or new utility installation and/or
new or modified access, Concessionaire shall submit the proposed location(s) of the
easement(s) and improvement(s) to MCPRD and District for MCPRD’s and District’s review
and approval prior to submission to the appropriate planning and permitting authorities. The
Concessionaire shall be responsible for all costs associated with the aforementioned
relocation/installation of utilities and/or access to include all fees, permits, and construction.
4. Impediments to Development. The Parties recognize that the Concessionaire has not had the benefit of
a contingency period under this Agreement which would enable it to confirm: (i) the ability to obtain all
permits required to complete the improvements contemplated by this Agreement and this Exhibit 3 –
Development of the Complex; (ii) that there are no obstacles to development such as unfavorable soil
conditions, soil contamination, access limitations, and similar matters; and (iii) that there are no other
unanticipated impediments to development such as neighborhood opposition or political opposition to
any aspect of the proposed projects to be undertaken in the Complex, therefore, the Parties agree that the
development of the Complex may be limited and that the elements and features of the Complex are
subject to reasonable change by the Concessionaire to accommodate directives from regulatory agencies,
changes in the marketplace, changes in federal or state statutes or policy, changes dictated by planning
and permitting guidelines or restrictions, changes dictated by opposition to any proposed development,
the inability to obtain utility services or materials to operate any proposed element of the Complex; and
the need to remodel and renovate features. If any of the aforementioned items impede the proposed
development set forth in the LOI Response and the Agreement, Concessionaire shall promptly notify
MCPRD of the impediment and coordinate in good faith with MCPRD to address a possible solution
which may include an amendment to this Agreement. The County will, in its sole discretion, make the
decision(s) pertaining to whether development may deviate from the LOI Response and Agreement, and
such decision(s) cannot be appealed.
5. As-Built Plans. As defined, As-Built Plans shall be a final drawing produced at the completion of the
Complex.
A. As-Built Plans will be submitted to the permitting agencies upon completion of any future
improvements.
B. One (1) electronic copy of As-Built Plans and specifications shall be furnished to MCPRD and the
District within sixty (60) calendar days of completion of construction of the Complex or future
improvements. The Concessionaire will be responsible for the costs incurred for additional plans
as may be required.
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Exhibit 3 - Development of the Complex - Appendix One
Flood Impoundment Area Guideline and Restrictions
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Exhibit 4 - Resource Management
Exhibit 4 - Resource Management, as stated herein, provides the resource management and environmental
compliance parameters. This Exhibit will be reviewed annually, no later than December 31 of each year, as part
of the AMP pursuant to the terms of the Agreement.
The Concessionaire is responsible for ensuring that adequate resource management and environmental practices
are adhered to as set forth herein. The Concessionaire agrees to comply with all environmental laws and
regulations and to take such other actions as may be reasonably required to protect against environmental
liabilities.
1. Environmental Compliance.
A. Environmental Review. The Concessionaire, at the Concessionaire’s sole expense, shall be
responsible for the completion of 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 Complex. For reference, the Environmental Assessments for the Park are
listed on Exhibit 4 Resource Management – Appendix One.
B. Air Quality. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for
obtaining all air quality permits, and/or licenses to ensure compliance with the Maricopa County air
and dust control, water and waste control regulations, as well as any other applicable federal, state
and local statutes, regulations and ordinances as they pertain to environmental protection.
C. Hazardous and Regulated Materials.
1) 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.
2) Management and proper disposal of all hazardous material is the responsibility of the
Concessionaire. 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
regulated materials. The Concessionaire must keep appropriate and required documentation
relating to the management and disposal of all regulated materials.
3) If the Concessionaire’s activities result in a release of any regulated substances or any adverse
environmental impacts, the Concessionaire shall be solely responsible for any and all resulting
site assessment(s), studies, remediation and clean-up costs required to restore the property to as
close to its original condition as possible.
D) Regulated Use.
1) The Concessionaire will provide to County upon the start of any construction activities, and
within ninety (90) calendar days of the Effective Date, a complete list identifying all regulated
substances including, but not limited to, hazardous material or petroleum products to be stored
at the Complex. Changes from the initial list shall be provided by the Concessionaire to the
County, in writing, as they occur. The Concessionaire shall keep safety data sheets on site for
all regulated substances as required by law.
2) The Concessionaire shall prepare and implement any necessary remediation action plan in
accordance with all applicable federal, state, county, and city statutes, laws, ordinances, rules,
and regulations in the event Concessionaire causes any contamination of the Complex or the
Park.
3) The Concessionaire shall provide, within twenty-four (24) hours of its knowledge, verbal
notification to the County, in accordance with Section 15 of this Agreement, information on
any event or occurrence at the Complex which may or does result in pollution or contamination
affecting lands, water or facilities owned or managed by the County or adjacent properties.
2. Pest / Weed Control and Animal Salvage.
A. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for managing vermin
and other pests, including weeds, on all lands and facilities within the Complex. In the event of
visible evidence of pest(s) infestation, Concessionaire will restore the area to as close to its original
condition as possible. Thirty (30) calendar days after the Effective Date of this Agreement, the
Concessionaire shall develop and submit for MCPRD and District approval, an integrated Pest
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Management Plan, defined as a plan that details a safe and environmentally sensitive control or
eradication of potential pests at the Complex. At a minimum, the Pest Management Plan needs to
include the product name, Material Safety Data Sheet, (MSDS) and applied solution ratio. The Pest
Management Plan will be evaluated annually by MCPRD.
B. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for 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 shall hold all necessary
licenses and registrations required for the lawful application of pesticides, herbicides, fungicide,
fertilizer, and similar chemicals/substances. The Concessionaire shall keep safety data sheets on
site for those materials and products set forth above as required by law.
C. The Concessionaire, at the Concessionaire’s sole expense, shall be responsible for 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 Complex) per State/Federal guidelines. Two (2) resources that may assist
Concessionaire with their research to determine required permits are i) Environmental Review from
Arizona Game and Fish https://azhgis2.esri.com/ and ii) the US Fish & Wildlife Services
http://ecos.sws.gov/ipac/.
3. Historic and Archeological Resources. The County has no knowledge of the presence of any artifacts,
antiquities, human remains, or other items of archeological, scientific, or cultural interest, which would
impede the development of the Complex. However, the Concessionaire shall take all reasonable and
necessary precautions to protect and preserve any and all antiquities or other objects of archeological,
paleontological, cultural, historical, or scientific interest that it finds on County lands within the
Complex. These objects include, but are not limited to, historic or prehistoric ruins, human remains,
funerary objects, and other artifacts. Should such sites or objects, or evidence of sites or objects, be
discovered, the Concessionaire shall:
A. Immediately suspend all work involving the area in question, make a reasonable effort to protect
and stabilize such discovery and provide a verbal notification to MCPRD’s Contract Administrator,
in accordance with Section 15 of this Agreement, of the existence of such discovery.
B. Forward a written report of their findings to MCPRD’s Contract Administrator in accordance with
Section 15 of this Agreement, and not resume work until written authorized to proceed is issued by
the County.
C. At its sole cost and expense, have the area inspected to determine its historical significance and
required next action (e.g., salvage, test excavations, and resumption of construction). If the property
has been determined to be a site of archeological significance, the removal of the artifacts will be
the responsibility of the County. All objects salvaged from public lands are the property of the
United States Government and will be turned over to County for disposition.
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Exhibit 4 Resource Management Appendix One
Environment Assessments for the Adobe Mountain Dam Recreation Area
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Exhibit 5 – Preventative Maintenance and Capital Improvements
Exhibit 5 – Preventative Maintenance and Capital Improvements, as stated herein, provides the preventative
maintenance and capital improvement parameters for the Complex. This Exhibit will be reviewed annually, no
later than December 31 of each year, as part of the AMP pursuant to the terms of the Agreement.
The Concessionaire shall perform Complex preventative maintenance and capital improvements as stated in the
Agreement and as identified in Exhibit - 5 Preventative Maintenance and Capital Improvements Appendix
One, attached hereto and made a part hereof, diligently and professionally satisfactory to the County in
compliance with all applicable statutes, laws, ordinances, rules, and regulations.
1. Preventative Maintenance and Repairs. Concessionaire shall be responsible for the preventative
maintenance and repairs of all infrastructures, dirt roadways, structures, wet utilities, dry utilities,
equipment, and facilities/amenities within, or associated with/within the Complex. By definition,
“Preventative Maintenance” means those activities that are completed to maintain an area, facility or
piece of equipment in a safe, properly functioning condition that complies with commercial operating
standards for that specific amenity and/or equipment as applicable. Preventative Maintenance, as used
in this Section, does not refer to those activities defined below in Section 2.
A. The Concessionaire is responsible for all Preventative Maintenance costs and can expend from the
Maintenance Account designated for maintenance and repair of existing facilities, structures, and
other improvements as defined in Exhibit 8 - Accounting and Fees.
B. The Concessionaire, within thirty (30) calendar days of the Effective Date of the Agreement, shall
develop and submit to MCPRD a Preventative Maintenance Plan (“PMP”) incorporating the
Concessionaire’s PMP responsibilities, as referenced in Section 1 above, pertaining to the Complex.
2. Capital Improvements Projects. Capital Improvement Projects (“CIP”) are defined as new construction
or major repair and/or replacement of building components, which substantially extend the useful life of
the existing facilities. Concessionaire shall be responsible for all Capital Improvement costs and shall
maintain the Complex in a commercially reasonable manner to prevent disrepair within, or associated
with, the Complex.
A. Beginning with Contract Year two (2) and within ninety (90) calendar days after the end of each
Contract Year thereafter, the Concessionaire shall provide to the County, for its review, an Annual
Capital Improvement Project Plan (“ACIPP”) for the ensuing year. The ACIPP shall include a
budget that details any planned expenditures from the CIP Fund, as defined in Exhibit 8 –
Accounting and Fees.
B. In the event the County and the Concessionaire disagree on the proposed CIP expenditures for any
Contract Year, then the determination of Concessionaire shall control so long as it is consistent with
the provisions of this Section 2.
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Exhibit 6 - Marketing and Media
Exhibit 6 - Marketing and Media, as stated herein, provides the marketing and media parameters for the
Complex. This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP
pursuant to the terms of the Agreement.
The Concessionaire is responsible for ensuring that all Complex media, advertising materials, and marketing is
family oriented and is reviewed and/or approved by MCPRD, as noted herein.
1. Press Releases and Media Distribution. The Concessionaire will provide the Contract Administrator,
via email, a courtesy copy of all media releases.
2. Marketing & Advertising.
A. Advertisements, signs, circulars, brochures, letterheads, and other media or materials shall not
misrepresent in any way the accommodations or services provided.
B. All printed advertising shall include a statement to the effect that the Complex is being operated as
“A Concessionaire of Maricopa County at Adobe Dam Regional Park.”
C. The Concessionaire is authorized to accept family-oriented advertising from other Park
concessionaires and vendors not located (Outside Vendors) at the Park that desire to advertise their
respective business to visitors of the Complex.
D. The Concessionaire is authorized to assess a fee for advertising requested by Outside Vendors.
3. Signage. Concessionaire, at its sole cost and expense, may provide signs or other advertising to be posted
on County land outside the Complex, subject to County and District approval, and any other applicable
administrative agency approvals and permits as to location, design, size, color, and content, prior to
construction or use thereof.
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Exhibit 7 - Administrative Functions
Exhibit 7 - Administrative Functions, as stated herein, provides the procedures for the daily administration of
the Complex. This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP
pursuant to the terms of the Agreement.
The Concessionaire shall provide administrative functions as stated herein and in the Agreement in a diligent,
professional, and credible manner satisfactory to the County in compliance with all applicable statutes, laws,
ordinances, rules, and regulations.
1. The Concessionaire shall pay, at its sole cost and expense, for all costs associated with employment and
management of all of Concessionaire’s personnel, including volunteers, for the operation of the
Complex. The Concessionaire is fully responsible for the proper supervision of all its employees,
volunteers, contractors, subcontractors, vendors, and all patrons using the Complex.
2. Schedules.
A. Operating Schedule. Within sixty (60) calendar days of the Effective Date and by January 2nd of
each calendar year thereafter, the Concessionaire shall submit to MCPRD for review and comment,
and as part of the AMP, an annual operating schedule showing the intended hours and days of
operation. The Concessionaire may modify the annual operating schedule, based on their prudent
business judgment; however, Concessionaire shall provide MCPRD written notice, in writing, of
such changes thirty (30) calendar days prior to becoming effective or as soon as reasonably
practicable. Hours of operation may be adjusted by Concessionaire or County; however, no event
will begin before 6:00 a.m. or proceed past posted Park closing hours without written authorization
from MCPRD.
B. Rate Schedules. Within sixty (60) calendar days of the Effective Date and by January 2nd of each
calendar year thereafter, the Concessionaire will submit to MCPRD, for review and comment and
as part of the AMP, a general price list for goods and services that will be charged to the public.
Concessionaire may modify the rates and prices based on their prudent business judgment.
However, the Concessionaire shall provide MCPRD written notice, in writing, of such change
within thirty (30) calendar days prior to becoming effective or as soon as reasonably practicable.
The Concessionaire will post, and at all times keep on public display, the prices, rates, and charges
for all goods and services, as well as the acceptable forms of payment.
3. Complex Annual Evaluation. An annual evaluation (see Exhibit 7 – Administrative Functions
Appendix One Complex Annual Visual Evaluation Template, attached hereto and made a part
hereof) by MCPRD’s Contract Administrator in cooperation with appropriate County and District staff,
will be made of the quality of operation and maintenance of the Concessionaire’s operation within the
Complex and compliance with all terms of this Agreement to determine if there are areas of deficiency
to be addressed and corrected.
A. The Concessionaire shall fully cooperate with County in this evaluation process, and any deficiency
determination shall be at the sole discretion of the County. County will afford Concessionaire thirty
(30) calendar days to respond to such evaluation and provide a timeline, not to exceed ninety (90)
calendar days from the date of the evaluation, or more upon mutual agreement of the Parties to
correct any deficiencies that are required to be made to comply with this Agreement. Failure to
correct deficiencies identified by County shall be considered an event of default that is curable in
accordance with the provisions set forth in Section 7(A)(2) of this Agreement.
B. The County shall administer this Agreement diligently and professionally. The Concessionaire may
also evaluate County, on an annual basis, as to compliance with all terms of this Agreement to
determine if there are areas of deficiency to be addressed and corrected. The County shall fully
cooperate with the Concessionaire in this evaluation process.
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Exhibit 7 - Administrative Functions
Appendix One – Complex Annual Visual Evaluation
Template
Name of Complex: Arizona Model Pilots Society
Location: Adobe Dam Regional Park
Date of Evaluation:
Name of Concessionaire Representative: _________________________
Needs
Description Acceptable Attention Comments
A. Buildings and Public Area Conditions:
1 Roadway / Entrance
2 Ramada
3 Portable Restrooms
4 Bleachers
5 Public parking areas
6 Weed /Rodent Control
7 Litter and trash control
8 Signage
9 Other:
B. Complex Specific:
1 Appearance/maintenance of runway
2 Complex lighting
3 Fencing/barriers
4 Benches/Tables
5 Fire extinguishers readily available
6 Floatable items contained
7 Other:
C. Maintenance and Repair Facility Observations
1 Dust control measures evident and effective:
2 Debris stockpiles / containment thereof
3 Equipment Buildings / Storage Areas conditions:
4 Storm prevention
5 SDS “Right-To-Know” Station in Place; SDS sheets posted
Regulated substances containment / Hazmat placards / Spill
6
Prevention Plan
7 Other:
D. Customer Service
Examples of customer comments about service, pricing,
1
policies, and quality
Example of a complaint that was received and how it was
2
resolved
F. Compliance:
1 Is the Concessionaire compliant with A.R.S. §41-4401
Annual third-party inspections (building, roofing, foundations,
2
electrical & fire) copies provided
MCPRD Representative Date County Representative Date
Concessionaire Representative Date District Representative Date
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Exhibit 8 – Accounting and Fees
Exhibit 8 - Accounting and Fees, as stated herein, provides administrative procedures for payments of annual
and minimum fees, payment of utilities, as well as provides procedures for the establishment of a Maintenance
Account Fund (defined below in Section 4) and a Capital Improvement Fund (defined below in Section 5) for
the Complex. This Exhibit will be reviewed annually, no later than December 31 of each year, as part of the AMP
pursuant to the terms of the Agreement.
The Concessionaire shall maintain an accounting system and pay all fees as stated herein and in the Agreement
in a timely manner and in compliance with all applicable statutes, laws, ordinances, rules, and regulations.
1. Complex Use Fees. By definition, Complex Use Fees are fees paid by the Concessionaire to County for
the use of the Complex. The Concessionaire is responsible for the management and collection of all
Complex Use Fees.
2. GAAP. The Concessionaire will maintain an accounting system which conforms to the Generally
Accepted Accounting Principles (“GAAP”) and which accurately reflects an accounting of the
Concessionaire’s entire operation of the Complex. These financial records will be retained for a seven
for a (7) year period from each current Contract Year. These financial records will also be made available
for an annual inspection or audit by County, federal, or state government, their agents, or employees.
A. Annual Financial Report. Within ninety (90) calendar days of the end of each calendar year, the
Concessionaire, at its own expense, will prepare and submit to County an Annual Financial Report
(“AFR”) stating the income and expenses, including a balance sheet, of the entire operation within
the Complex for the calendar year just completed.
B. Audit. The County has the right to audit payment records (payment records are defined as monthly
revenue reports, AFR, and any other payments made to the County during the respective Contract
Year) for timeliness and accuracy. Any fees determined to be due County will be invoiced to the
Concessionaire with payment due within twenty (20) calendar days of invoice. Overpayment to
County will be credited to the Concessionaire during the next billing period or fee payment period
with an invoice acknowledging overpayment.
3. Fees and Statements.
A. Minimum Fee. During the Term of this Agreement, the Concessionaire will pay the County a
Minimum Fee due to the 15th of the month following the Effective Date representing Contract Year
one (1) and on January 1st of each subsequent Contract Year, in accordance with the Fee Payment
Schedule (see Agreement Section 5(C)). In the alternative, for the subsequent Contract Years, the
Minimum Fee may be paid in twelve (12) monthly installments and must be submitted by the 15th
of each month.
B. Monthly Attendance Statement. The Concessionaire shall submit a monthly attendance statement
representing members and visitors and email it to MCPRD and must be submitted by the 15th of
each month.
C. Invoices. Invoices generated by the County for utilities or other fees are due no later than twenty
(20) calendar days after the date of the invoice (“Due Date”).
D. All reports, fees, and payments due County will be sent to:
Reports: Email: emily.miller@maricopa.gov
Fees/Payments, if by credit card: Phone 602-506-9500
Reports/Fees/Payments, if mailed: Maricopa County Parks and Recreation Department
c/o Finance Department
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
E. Late Payment Fee. A late payment fee of ten percent (10%) for every thirty (30) days after the
invoice due date. Late fees will be due not later than twenty (20) days after the date of the invoice
from County.
4. Maintenance Account. The Concessionaire agrees to set up a maintenance account (“Maintenance
Account”) with a minimum fund balance of one thousand dollars ($1,000.00) by the conclusion of the
first Contract Year of operation. The funds deposited into this account shall be used to maintain the
Complex in a commercially reasonable manner and keep the Complex in good repair in accordance with
the preventative maintenance plan (see Exhibit 5 - Preventative Maintenance and Capital
Improvements).
A. The Concessionaire will maintain control of the Maintenance Account; however, County retains the
option to audit the Maintenance Account deposits and expenditures. The County will review the
Maintenance Account annually, no later than December 31 of each year, as part of the AMP pursuant
to the terms of the Agreement.
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B. The Concessionaire will continue to make deposits into the Maintenance Account annually for each
Contract Year after the conclusion of the first Contract Year of operation as appropriate to maintain
an annual minimum balance of one thousand dollars ($1,000.00).
C. The funds in the Maintenance Account shall be transferred to the County in the event that the
Concessionaire defaults and/or terminates this Agreement early without a replacement operator.
5. Capital Improvement Project Fund (“CIP Fund”). Concessionaire agrees to set up a CIP Fund for capital
improvements and/or major maintenance and repair of existing facilities, structures, and other
improvements to substantially extend the useful life of the Complex. (See Exhibit 5 - Preventative
Maintenance and Capital Improvements).
A. Beginning ninety (90) calendar days after conclusion of first Contract Year of operation, the
Concessionaire shall deposit annually two and one-half percent (2.5%) of the annual operating costs
of the prior Contract Year into the CIP Fund for each upcoming calendar year for the Complex. The
CIP Fund shall not fall below two thousand five hundred dollars ($2,500.00) in any calendar year.
B. The Concessionaire may direct the investment of the CIP Fund until needed for CIPs.
C. The funds in the CIP Fund shall be transferred to the County in the event that the Concessionaire
defaults or upon the termination of this Agreement.
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Exhibit 9 - Safety
Exhibit 9 - Safety, as stated herein, provides the safety parameters for the Complex. This Exhibit will be
reviewed annually, no later than December 31 of each year, as part of the AMP pursuant to the terms of the
Agreement.
The Concessionaire is responsible for ensuring that adequate safety measures and personnel are always on-site
during Complex operating hours. All activities and events conducted by the Concessionaire will be conducted in
conformance with all relevant industry standards and in compliance with all applicable federal, state, and local
statutes, regulations, and ordinances relating to safety.
1. Security. The Concessionaire, at its sole cost and expense, shall provide security measures to protect the
Complex, its employees and/or contractors, and the public.
2. Safety Program.
A. The Concessionaire shall develop and implement a written safety program thirty (30) calendar days
prior to the scheduled Effective Date and provide a copy of the program to MCPRD. All activities
and events conducted by the Concessionaire shall be conducted in conformance with all relevant
industry standards for safety and in compliance with all applicable federal, state, local safety,
occupational health regulations, statutes, laws, and ordinances.
B. The safety program shall include a self-inspection of all equipment, facilities, and work processes
by qualified concession personnel to verify compliance with established federal, state, county, and
local safety and occupational health regulations. Changes or amendments to the safety program will
be submitted to MCPRD as they occur.
3. Suspend Operations. The County will have the authority to immediately suspend any of the
Concessionaire’s operations if it is determined that there is an imminent risk or threat to the public,
employees, or Park staff. Such suspension shall remain in effect until the risk or threat has been resolved
to the reasonable satisfaction of the County. Such suspension will be without liability to County for any
Concessionaire losses, including, but not limited to, lost income, wages, or other compensation, which
may be claimed by the Concessionaire.
4. Reporting.
A. The Concessionaire shall immediately report to the County any event which results in death, serious
injury, or medical transport. Reports shall be submitted to the Contractor Administrator, Park
Supervisor, and the Regional Superintendent as per the MCPRD organizational flow chart set forth
in Exhibit 10 MCPRD Organizational Chart.
B. The Concessionaire shall annually provide the Contract Administrator copies of all insurance claims
(to include but not limited to incident reports) within thirty (30) calendar days after the end of each
calendar year.
5. Park Access and Closure.
A. The Concessionaire reserves the right to deny any person’s use of portions of the Complex when it
reasonably believes that such use poses a direct threat to the health or safety of others or the
Complex.
B. The Concessionaire may restrict public access within the Complex during hours of operation and
non-operation for reasons of security or health and safety.
C. The County also reserves the right to close any area of the Park, including the area in which the
Complex is located, when deemed necessary for public safety and health purposes without any
liability to County for any Concessionaire losses, including, but not limited to, lost income, wages
or other compensation which may be claimed by the Concessionaire. Prior to taking such action,
MCPRD will attempt to coordinate said actions with the Concessionaire to minimize adverse impact
to the Complex operation.
D. The County may establish limits of visitation at any portion of the Complex, based on public health
and safety, or any other reason deemed by the County to be in the public interest (defined below),
in the judgment of the County, without any liability to County for any Concessionaire losses,
including, but not limited to, lost income, wages or other compensation which may be claimed by
the Concessionaire. By definition, “public interest” means, among other things, any action taken
by the County necessary to ensure public safety and health as well as safety of Park property, curb
civil unrest, for fire prevention, for flood prevention/clean-up, or for other natural events which
could adversely impact the Park or users thereof. Prior to taking such action, MCPRD will attempt
to coordinate said actions with the Concessionaire to minimize adverse impact to the Complex
operation.
6. Emergency Evacuation Plan (“EEP”). The purpose of an EEP is to provide emergency evacuation
guidelines in the event emergency evacuations are necessary. The Concessionaire shall, upon the
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Effective Date, provide the Contract Administrator with the name and phone numbers of a primary and
secondary point-of-contact to be notified in the event of an evacuation.
A. Each EEP requires the approval of the County and District. MCPRD will coordinate County and
District approval of the EEP.
B. The Concessionaire shall train all contractors, vendors, employees, and volunteers of the Complex
regarding the EEP's details within fourteen (14) calendar days of their first day of employment,
volunteering or working at the Complex.
C. The Concessionaire shall update the point-of-contact list as changes occur and shall provide a copy
of the list within seven (7) calendar days of contact change to the Contract Administrator.
D. An amended EEP may be required for Special Event functions or Special Event SUP’s (see Exhibit
2 – Complex Activities and Parameters).
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Exhibit 10 - MCPRD Organizational Chart
Organizational Flow Chart
Adobe Mountain Regional Park Contract Administration
Darci Kinsman Emily Miller
Park Supervisor Contract Administrator
602-506-2930 ext. 8 602-506-9511
darci.kinsman@maricopa.gov emily.miller@maricopa.gov
Teresa Retterbush
Insert Eastside Regional Superintendent
480-888-5353
teresa.retterbush@maricopa.gov
Operations and Facility Management
Jennifer Waller
Operations Manager
602-506-9500
jennifer.waller@maricopa.gov
Director
R.J. Cardin
602-506-9500
rj.cardin@maricopa.gov
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Exhibit 11 – Park Rules
MARICOPA COUNTY PARKS AND RECREATION
PARK RULES
Adopted August 13, 2003 by the Maricopa County Board of Supervisors
Revised January 13, 2016 by the Maricopa County Board of Supervisors
R-101 DEFINITIONS
The following definitions shall determine meanings for certain facilities, objects, entities or activities.
1. “Abandoned Vehicle” means any vehicle, boat, trailer, or structure, which shows evidence of being left unattended for a period of 48
hours unless displaying an official permit indicating a stay in excess of 48 hours.
2. “Aircraft” means a structure or device for navigation of the air that is supported either by its own buoyancy or by the dynamic action of
the air against its surface.
3. “Camping” means erecting a tent or shelter or arranging bedding, or both, for the purpose of, or in such a way as will permit, overnight
use; or parking a trailer camper or other vehicle for the purpose of remaining overnight.
4. “Commission” means the Maricopa County Parks and Recreation Commission.
5. “County” means Maricopa County.
6. “Department” means the Maricopa County Parks and Recreation Department.
7. “Loudspeaker or public address system” means a device to amplify or direct sound.
8. “Maricopa County Park(s)” means any land or areas under the control of the Maricopa County Board of Supervisors which has been
designated as a Park, Recreation Area or Conservation Area.
9. “Roads” means the entire width between the boundary lines of every way when any part thereof is open, kept or maintained for use by the
public for purposes of vehicular travel.
10. “Special Use Permit” means commercial or non-commercial permits issued by the Department for activities outside a park’s activity
design or which excludes the general public or for which there is monetary gain.
11. “Swimming” means to propel one’s self in water by natural means; consequently aquatic activities including the full or partial use of
inner tubes, air mattresses or personal support devices.
12. “Designated Trail” means an authorized recreational trail designed, constructed, and maintained according to standards within the
county manual; it is within Maricopa County Parks’ boundaries and has been included in the Maricopa County Park trail system inventory.
R-102 SPECIAL USE PERMITS, FEES AND APPROVALS
1. Special Use Permits shall be required for eligible non-profit, government or private, as well as commercial uses.
2. For eligible non-profit uses, a Special Use Permit is required of any person or group for any activity outside each park’s activity design,
or for the use of specific park areas that require the exclusion of general public usage.
3. A Special Use Permit shall also be obtained in advance by any person or group wishing to use a Maricopa County Park for eligible
commercial uses.
4. Park Impact Fees for Special Use Permits shall be negotiated by the Department based on the expenses related to the administration of
the activity, protection of the park and visitors, and in accordance with established fee schedules when applicable.
5. The Department may require commercial applicants to enter into an agreement with the County for a negotiated percentage of gross
receipts not to exceed twenty (20) percent.
6. The Department may require the permittee to post a deposit against damage and clean-up expense, provide a certificate of insurance
naming the department as additionally insured, and/or provide for adequate medical, sanitary and security services.
7. A performance and payment bond may be required from any permittee who is providing a service that was solicited to provide any event
or activity sponsored by the department.
8. The Department may impose conditions on the conduct of any activity, which are necessary to protect the area and maintain its
availability as a public park.
9. A Special Use Permit is not required for any person operating under the provisions of a valid special use or commercial management
concessions agreement with the department.
10. Special Use Permit applications, which are compatible with the management objectives of the individual park, may be refused for health
and safety reasons or to protect the park from significant damages. With respect to competing non-profit uses, the use of park space shall be
granted on a first-come, first-served basis. With respect to competing commercial uses, informal Proposals shall be solicited and the Special
Use Permit awarded to that concessionaire which offers to provide the County with the highest potential revenue and/or best recreational
value to park patrons, provided the concessionaire does not have a poor performance history on any prior permits.
11. All persons entering a park under a Special Use Permit are subject to all entrance and/or use fees, and all rules and regulations
concerning park resource and facility use. The total amount of entrance fees owed by persons entering a park under a Special Use Permit,
may be calculated in advance and paid in accordance with terms negotiated as part of the Special Use Permit.
12. A decision by the Department concerning any Special Use Permit may be appealed to the Commission.
13. Applications for Special Use Permits may be obtained from an authorized representative of the Department.
R-103 VIOLATIONS AND PENALITIES
1. Any person who violates any of these rules shall be guilty of a Class 2 misdemeanor.
2. Any person who violates any of these rules may also be evicted for failure to comply.
THE FOLLOWING ACTS ARE PROHIBITED IN MARICOPA COUNTY PARKS:
R-104 ENTRY, USE, OCCUPANCY, FEES
1. Entering, using, or occupying of a Maricopa County Park or its facilities, designated trails or waterways under the supervision and control
of the Department for any purpose when said parks or areas are posted against such entrance, use, occupancy or where barriers exist.
2. Entering upon or using for any purpose, the land, water or facilities within the boundaries of Maricopa County Parks when a fee, rental,
admission or other consideration has been established for such land, water or facilities, unless the person entering or using such land, water
or facility has paid said fee, rental, admission or other consideration.
Exhibit 11 – Park Rules
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(Continued)
R-105 ANIMALS AND PETS
1. Riding, permitting or allowing livestock, saddle, pack, or draft animals except on designated trails or areas under special permit issued by
the Department or by special provisions of a use management agreement.
2. Possessing, allowing or permitting a dog and/or other pets in a Maricopa County Park, unless the same shall be under immediate control
on a leash not exceeding 6 feet in length, except the leash requirement shall not apply to dogs while being used in hunting, or in field trials,
or while being trained, when upon lands open to such uses and it does not interfere with other park activities.
3. Possessing, allowing or permitting a dog in a Maricopa County Park without a current dog license.
4. Allowing dogs or other pets, other than seeing-eye or hearing guide dogs, within the confines of public park buildings.
5. Allowing dogs and/or other animals to create a nuisance, noise or disturbance in any area.
6. Failure of owners of pets to properly remove and dispose of any waste.
7. Scattering and/or depositing the ashes of any animal.
R-106 DISCHARGE OF FIREARMS, HUNTING AND TRAPPING
1. Except as provided by state law, discharging a firearm, shooting with bow and arrow, or setting traps except in locations provided for that
purpose and as permitted by Arizona Game and Fish rules.
R-107 MOTOR VEHICLES AND BICYCLES
1. Operating any motorized vehicle except on roads and parking areas designated by the Department for such purpose.
2. Abandoning any vehicle in any area of a Maricopa County Park. Vehicles violating this section may be towed at the owner’s expense.
3. Parking a motor vehicle or trailer or other device towed by a motor vehicle in such a manner whereby roads, parking areas or other traffic
ways or traffic are blocked or otherwise impeded. Vehicles violating this section may be towed at the owner’s expense if such violation
constitutes blockage of any emergency lane or otherwise interferes with park operations.
4. Operating a bicycle in a careless or reckless manner, or in disregard of the safety of any person or property.
5. Utilizing bike ramps in non-designated areas.
6. Operating, without permission from the County, any motorized skateboard, motorized scooter, moped or like device.
R-108 WATERCRAFT AND SWIMMING
1. Bringing into, or operating any watercraft upon any body of water, except at such places and in such manner as designated for such use or
purpose by the Department.
2. Storing or leaving any watercraft without first obtaining a permit issued by the Department or its authorized concessionaire.
3. Swimming in areas posted against such use.
4. Cliff jumping.
R-109 VANDALISM
1. Destroying, damaging, or removing any tree, shrub, wildflower, cactus, or any other vegetation, or any other vegetative product or by-
products without first obtaining a written permit from the Department.
2. Destroying, damaging, defacing or removing any County property or property administered by the Department.
R-110 LITTERING
1. Depositing or abandoning garbage, sewage, refuse, trash, waste, or other obnoxious material, except in receptacles or containers provided
for such purposes.
2. Throwing or breaking any glass, plastic or ceramic object leaving shards or other fragments on park property.
R-111 PUBLIC BEHAVIOR
1. Conducting one’s self in a disorderly or intoxicated manner, or using threatening, abusive, or boisterous or insulting language, or
conducting or participating in a disorderly assembly, or to solicit for any purpose.
2. Engaging in noisy conduct, operating generators or motors, operating radios, or otherwise making loud or disturbing noises that may
disturb the peace of the area between the hours of 10:00 p.m. and 6:00 a.m.
3. Public urination or public defecation.
4. Engaging in noisy conduct that disturbs the peace.
R-112 CAMPING
1. Camping without first obtaining a written permit issued by the Department
2. Failure to obey all written or posted camping regulations.
R-113 FIRES
1. Building fires except in designated places.
2. Building fires in any area posted against such use.
3. Building wood or charcoal fires at any time posted against such activity (during fire ban).
4. Use of gas or propane stove or grills when use is prohibited (during extreme fire ban).
5. Abandoning any fire without completely extinguishing it.
6. Allowing a fire to escape from control.
R-114 PUBLIC OR COMMERCIAL ACTIVITES
1. Conducting any activity or assembly outside the individual park’s activity design or requiring the use of park areas which exclude the use
by the general public without first obtaining a Special Use Permit from the Department.
2. Posting, placing, or distributing advertising material; erecting a fence or barrier (except under specific use management or lease
agreements), constructing or occupying improvements; or enclosing County administered lands without first obtaining a Special Use Permit
from the Department.
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Exhibit 11 – Park Rules
(Continued)
3. Using a loudspeaker, or public address system, or amplifier without first obtaining a Special Use Permit from the Department.
4. Using County administered lands for a commercial purpose without first obtaining a Special Use Permit or use management or lease
agreement from the Department.
R-115 GLASS BOTTLES
1. Possessing glass, ceramic or hard frangible plastic beverage bottles.
R-116 AIRCRAFT AND ENGINE POWERED MODELS
1. Operating any passenger carrying aircraft of any nature or parachute, including parasailing, except in areas designated for such use by the
Department or in an emergency situation.
2. Operating engine powered models and/or toys in any park area not designated for such use or in such a manner that it could be a hazard
to the public.
R-117 INTERFERENCE WITH A PARK RANGER OR A PARK POLICE OFFICER
1. Interfering with any Park Ranger and/or Park Police Officer in the discharge of the Park Ranger’s and/or Park Police Officer’s duties.
2. Failing or refusing to obey any lawful command of any Park Ranger and/or Park Police Officer or other Certified Peace Officer.
R-118 TRAILS
1. Damaging, blocking, restricting or otherwise interfering with the use of a trail.
2. Throwing or rolling rocks or other items into valleys or canyons, down hillsides, mountainsides or trails.
3. Leaving a designated trail or walkway between trailheads.
4. Operating a bicycle, riding a horse, or hiking, except on trails designated for that use.
5. Failure to follow any sign that dictates the use or behavior on a trail.
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