MC PHOENIX MOU IGA TERMINATION.DOCX
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WHEN RECORDED RETURN TO: City of Phoenix Law Department Attn: Thomas Stack, Assistant City Attorney 200 West Washington Street, 13th Floor Phoenix, AZ 85003 TERMINATION OF MEMORANDUM OF UNDERSTANDING AND INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF PHOENIX AND MARICOPA COUNTY City Contract Nos. 126696- and 124184- C-18-08-058-3-01 and C-18-09-033-8-03 This Termination of Memorandum of Understanding and Intergovernmental Agreement (“Termination”) is entered into effective as of the date last executed below (“Effective Date”) by and between the City of Phoenix, a municipal corporation organized under the laws of the State of Arizona (“Phoenix”), and Maricopa County, a political subdivision of the State of Arizona (“County”), hereinafter referred to collectively and “Parties”, or individually as a “Party”. RECITALS WHEREAS, Phoenix and County entered into that certain Memorandum of Understanding (“MOU”), known as City Contract 124184 (C-18-08-058-3-00), which was recorded on March 12, 2009, in the Office of the Maricopa County Recorder (“MCR”) as Document No. 20090220674, for the purchase and sale of real property individually owned by the Parties in downtown Phoenix; and WHEREAS, in furtherance of the contemplated purchase and sale set forth in the MOU described immediately above, Phoenix and County also entered into that certain Intergovernmental Agreement (“IGA”), known as City Contract 126696 (C-18-09-033-8-00), which was recorded on August 17, 2009, in the MCR as Document No. 20090763325, as amended by an unrecorded Amendment No. 1 to the IGA which was dated April 13, 2011, and Amendment No. Page 1 of 3 2 to the IGA, which was dated December 10, 2014, and recorded on January 7, 2015, in the MCR as Document 20150008077; and WHEREAS, the purchase and sale transactions set forth in the MOU and IGA, as amended, have been completed to the satisfaction of the Parties; and WHEREAS, the Parties now mutually desire to terminate the MOU and IGA described above. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises contained herein, the Parties agree as follows: 1. The Recitals by this reference are hereby incorporated into this Termination. 2. The Parties mutually agree to terminate the MOU, IGA, and IGA amendments described above because the purposes of the MOU and IGA, as amended, have been fulfilled. 3. The terms of this Termination shall be construed in accordance with the laws of the State of Arizona and any action thereon shall be brought in the appropriate court located in Maricopa County, Arizona. 4. This Termination may be signed in a number of counterparts with the same effect as if the signatures thereto and hereto are upon the same instrument. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 2 of 3 IN WITNESS WHEREOF, the Parties have executed this Termination on the dates indicated below. CITY OF PHOENIX, a municipal MARICOPA COUNTY, a political corporation under the laws of subdivision of the State of Arizona the State of Arizona Ed Zuercher Phoenix City Manager By: By: Bill Gates Christine Mackay Chairman, Board of Supervisors Community and Economic Development Director Date: Date: ATTEST: ATTEST: By: BY: Clerk of the Board Date City Clerk Date APPROVED AS TO FORM: APPROVED AS TO FORM: By: _______ By: Deputy County Attorney Date Acting City Attorney Date Page 3 of 3