MC PHOENIX MOU IGA TERMINATION.DOCX

Maricopa County — Formal (2019-08-21)

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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.
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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
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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
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