AMENDMENT 1 TO MARICOPA TRAIL AGREEMENT.PDF

AMENDMENT NO. 1
TO
MARICOPA TRAIL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
MARICOPA TRAIL AND PARK FOUNDATION
This Amendment No. 1 (“Amendment No. 1”) to Maricopa Trail Agreement entered into between
Maricopa County, a political subdivision of the State of Arizona (“County”), and Maricopa Trail and Park
Foundation, an Arizona non-profit corporation (“MT+PF”), dated June 22, 2016 (“ Agreement”), is made
and entered into by and between the County and MT+PF, together hereinafter referred to as “Parties”
and individually as a “Party.”
RECITALS
WHEREAS, the County and MT+PF entered into the Agreement to, among other things, delineate with the
Maricopa Trail authorities and responsibilities for the Parties and to reflect the mutual interest of the
Parties, and to provide a platform for collaboration and cooperation regarding assistance in maintaining
the Maricopa Trail, ensure environmental sustainability of the Maricopa Trail and ensure compliance with
the Maricopa Trail planning and design guidelines established by Maricopa County Parks and Recreation
Department (“MCPRD”) and
WHEREAS, the Parties have agreed to complete enhancement projects for the development and repair
and maintenance of the Maricopa Trail (“Enhancements”); and
WHEREAS, the Parties may wish to select and complete specific natural resource stewardship projects
related to natural resource conservation (“Conservation”); and
WHEREAS, in certain circumstances MCPRD may pay for certain project costs and be reimbursed by
MT+PF; and
WHEREAS, the Term of the Agreement expires June 21, 2021 and there is one (1) five (5) year RENEWAL
OPTION that Parties wish to exercise; and
WHEREAS, the Parties now desire to execute this Amendment No. 1 to determine the responsibilities of
the Parties related to the Enhancements and Conservation project(s) and to extend the Term for five (5)
years.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt
and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as
follows.
1. The Recitals, by this reference, are hereby incorporated into this Amendment No. 1 by this
reference. This Amendment No. 1 may be canceled pursuant to A.R.S. 38-511, the provisions of
which are incorporated herein.

2. Capitalized terms used in this Amendment No. 1 without definition shall have the meanings
assigned to such terms in the Agreement unless the context expressly requires otherwise. In the
event of any conflict between the terms of the Agreement and the terms of this Amendment No.
1, the terms of this Amendment No. 1 shall control.
3. Term and Renewal Option. The five (5) year RENEWAL OPTION is hereby being exercised and the
Term of this Agreement shall be extended for five (5) years commencing June 22, 2021 through
June 21, 2026.
4. MCPRD has previously collaborated with MT+PF to identify and approve specific Enhancements
and Conservation projects.
5. MT+PF desires, and the County agrees to complete Enhancements and Conservation projects in
support of the Maricopa Trail and County parks. Such projects shall be detailed in a Scope of Work
(“SOW”), as attached hereto and incorporated herein as Exhibit A, and provided to MCPRD for
review and approval. Upon approval by the MT+PF and MCPRD, the work provided under the
SOW shall commence.
6. MCPRD Director, or his or her designee, is authorized as the signatory on such SOW and all
required documents related to the SOW activities.
7. MT+PF agrees to reimburse MCPRD for costs related to work completed as outlined in an
approved SOW up to a total of seventy-five thousand dollars ($75,000.00) per annum.
8. Except as expressly amended by specific provisions of this Amendment No. 1, the Agreement and
the Parties’ respective rights and obligations related to the Agreement are not affected by this
Amendment No. 1. All other terms and conditions of the Agreement remain the same and in full
force and effect.
IN WITNESS WHEREOF the Parties hereto have caused these present to be executed as of the dates set
forth below:
MARICOPA COUNTY
_______________________________________
Chairman, Board of Supervisors Date
Attest:
_______________________________________
Clerk of the Board Date
Approved as to form:
_______________________________________
Deputy County Attorney Date

MARICOPA TRAIL AND PARK FOUNDATION
By: 4/6/21
Date
Name: Brian Derrick
Title: President

EXHIBIT A
SCOPE OF WORK (“SOW”)