MOU EL RIO LAKE WITH COUNTY DISTRICT AVONDALE GOODYEAR.PDF

NON-BINDING
MEMORANDUM OF UNDERSTANDING FOR THE
CONCEPTUAL DESIGN OF THE EL RIO LAKE
AT THE CONFLUENCE OF THE AGUA FRIA AND GILA RIVERS
FCD 2018U002
This Non-Binding Memorandum of Understanding ("MOU") is entered into as of
the date of the last signature set forth below, by and among the following parties,
hereinafter called the PROJECT PARTNERS: Buckeye Water Conservation and
Drainage District ("BVVCDD"); City of Avondale ("AVONDALE"); City of Goodyear
("GOODYEAR"); Flood Control District of Maricopa County ("DISTRICT"); and Maricopa
County, to be administered by its Parks and Recreation Department ("COUNTY").
Gila Aqua Fria Confluence Lake
Exhibit A: Study Area
Background
The DISTRICT, in cooperation with the PROJECT PARTNERS, developed the El
Rio Watercourse Master Plan (the "VVCMP") in 2006.
The VVCMP is a blueprint for flood mitigation, economic development, recreational
amenities and habitat restoration on the Gila River between its confluence with the Agua
Fria River and SR 85.
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Building on the WCMP, the DISTRICT, COUNTY and the Cities of AVONDALE,
GOODYEAR and Buckeye cooperated in the development and approval in 2016 of the
El Rio Design Guidelines and Planning Standards to supplement current development
regulations with techniques that can increase awareness and appreciation of, as well as
access to, the Gila River.
The creation of the El Rio Lake ("LAKE") is one of many recommendations developed as
part of the WCMP. WCMP implementation activities have indicated the potential for
previously mined areas adjacent to the river to capture sediment loads during flood events
and thus endanger critical infrastructure both upstream and downstream by erosion and
headcutting. By providing grade control and sediment management, the LAKE would offer
important public safety benefits.
The LAKE study site consists of approximately 250 acres located at the confluence of the
Agua Fria and Gila Rivers near the northwest corner of Litchfield Road and Indian Springs
Road, as shown on Exhibit A. Through an initial conceptual planning process that
considered many variables and alternatives, a multi-lake scenario was selected by
PROJECT PARTNERS as the preferred design alternative with portions of the LAKE site
incorporating the existing BWCDD impoundment.
The LAKE is envisioned as a demonstration project of components for the overall WCMP
and El Rio Design Guidelines and Planning Standards. These components will include
flood control elements, riparian habitat and river function enhancements, and active and
passive recreational facilities developed through local and Federal partnerships. The
LAKE will support water conservation by controlling invasive salt cedar in the vicinity of
existing and future impoundment facilities near the confluence, which consumes much
more water than native vegetation. The knowledge gained by the development of the
LAKE will help determine the most effective methods for integrating non-structural and
soft-structural flood control elements into future flood mitigation projects along the Gila
River.
The proposed features include creation of approximately 200 surface acres of open water;
a grade control structure and other flood control features; an irrigation water takeout
structure and replaceable earthen dam; active and passive recreational features and
other amenities; planting native vegetation and improving wildlife habitat.
Implementation of the LAKE will provide the following benefits:
• Stabilization of riverbed elevations, reducing potential erosion and damage to
upstream and downstream infrastructure
• Protection of future and existing development and infrastructure from flood
hazards, especially scour and headcutting resulting from stream capture by
previously mined areas
• Creation of a regional county park amenity for boating, recreation, bird watching
and tourism
• Secured, reliable impoundment for BVVCDD water supply with capacity for
increased water storage
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• Water conservation due to facilitated management of invasive salt cedar near the
BWCDD impoundment
• Increased development opportunities for adjacent properties
• Preservation and restoration of some of the Gila River's natural functions and
native riparian habitat
• Educational opportunities for schools, community groups and other organizations
• Heightened regional awareness of the Gila River and the importance of water
conservation and river management
Purpose
The purpose of this MOU is to identify and define the benefits, opportunities and
responsipilities of the PROJECT PARTNERS with regard to the preparation of a
conceptual design of the preferred alternative Multi-Lake Scenario of the LAKE project.
Additionally, this MOU will identify public outreach responsibilities for each PROJECT
PARTNER as conceptual design efforts move forward.
The conceptual design process will develop preliminary concept schematics, identify
opportunities for adjacent development and include public outreach efforts. This process
will also provide a review of current property ownership and jurisdictional issues in order
to assess the feasibility of alternative project ownership scenarios and estimate future
project eligibility for grant funding opportunities as well as future project operations and
maintenance responsibilities.
Understanding of the Parties
The DISTRICT will:
• Fund and manage consultants' efforts in the preparation of preliminary concept
schematics to include river stabilizing structures, subject to the availability of
funding to the District. This includes, but is not limited to, day-to-day tasks such as
responding to data requests, public involvement activities, scheduling meetings,
interagency coordination, conducting work-product reviews, obtaining necessary
rights-of-entry and providing review of preliminary concept schematics for any
levees, diversion structures, or grade control features.
• Be responsible for contract administration and payment to consultants for work
performed in accordance with the contract documents.
• Develop consultant scopes of services for flood control elements of the plan.
• Conduct public and stakeholder involvement activities in close coordination with
each PROJECT PARTNER.
• Provide interim and final project submittals from consultants to the PROJECT
PARTNERS for review and comment.
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• Fully include the PROJECT PARTNERS in the development of consultant scopes
of services and project milestone meetings.
• Review and provide comments on interim and final project submittals within three
(3) weeks of receipt of the submittals.
• Fully and actively participate, including sharing data and attending scoping,
consultant progress, stakeholder and public meetings.
The COUNTY will:
• Review and provide comments on interim and final project submittals within three
(3) weeks of receipt of the submittals.
• Fully and actively participate, including sharing data, providing timely review and
processing of permit applications and attending scoping, consultant progress,
stakeholder and public meetings.
• Provide, at no cost, right-of-entry over property owned by the COUNTY located
within the bounds of the study area during project planning and design phases
The BWCDD will:
• Review and provide comments on interim and final project submittals within three
(3) weeks of receipt of the submittals.
• Fully and actively participate, including sharing data, providing timely review and
processing of permit applications, and attending scoping, consultant progress,
stakeholder and public meetings.
• Provide, at no cost, right-of-entry over property owned by the BWCDD located
within the bounds of the study area during project planning and design phases.
The City of AVONDALE will:
• Review and provide comments on interim and final project submittals within three
(3) weeks of receipt of the submittals.
• Fully and actively participate, including sharing data, providing timely review and
processing of permit applications, and attending scoping, consultant progress,
stakeholder and public meetings.
• Provide guidance and assistance in the notification procedures and facilitation of
any public or stakeholder meeting(s) conducted within the City of Avondale.
• Provide, at no cost, right-of-entry over property owned by the City located with the
bounds of the study area during project planning and design phases.
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The City of GOODYEAR will:
• Review and provide comments on interim and final project submittals within three
(3) weeks of receipt of the submittals.
• Fully and actively participate, including sharing data, providing timely review and
processing of permit applications, and attending scoping, consultant progress,
stakeholder and public meetings.
• Provide guidance and assistance in the notification procedures and facilitation of
any public or stakeholder meeting(s) conducted within the City of Goodyear.
o Provide, at no cost, right-of-entry over property owned by the City located with the
bounds of the study area during project planning and design phases.
The PROJECT PARTNERS will together:
Support and work cooperatively in the conceptual design process from initiation of
preliminary concept schematics through the vetting and completion of conceptual plans,
and support and assist in public and stakeholder outreach efforts.
Miscellaneous Provisions
No Cost Reimbursements/Obligations: The PROJECT PARTNERS will not be
reimbursed for internal personnel or administrative costs expended for the development
of the LAKE project or related public outreach and project implementation.
Non-Binding Effect of MOU: The PROJECT PARTNERS acknowledge and
understand that this document is a non-binding statement of support and intention and
shall not in any way limit the legislative discretion or policies and procedures of any of the
PROJECT PARTNERS regarding commitment of resources or consideration of future
participation in activities or agreements related to the WCMP.
Ancillary Lake Benefits: Participation of the PROJECT PARTNERS in the
detailed design of ancillary LAKE benefits will be at the discretion of the PROJECT
PARTNERS and will not be funded and managed by the PROJECT PARTNERS following
completion of conceptual design unless agreed to in writing by the PROJECT
PARTNERS.
Land Use Entitlements and Approvals: The execution of this MOU by the
PROJECT PARTNERS does not, nor is it intended to, rezone any property. All property
owners must obtain all applicable regulatory approvals, including rezoning, if necessary,
which approvals are at the discretion of the regulatory bodies having jurisdiction.
Term; Termination: This MOU shall be effective when executed by all parties
hereto and shall remain in effect until terminated by any party, with or without cause, at
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any time upon written notice to the other parties. This MOU is subject to A.R.S. §38-511,
the provisions of which are incorporated herein by this reference.
Program Continuation Subject to Appropriation: Participation in this MOU
does not imply any financial obligation or commitment on behalf of the PROJECT
PARTNERS.
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IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding as of the dates set forth below:
CITY OF AVONDALE
/ ertt&
7/2/18
Mayo Date
ATTEST:
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CITY OF GOODYEAR
.- '7 -ii-iff
ayor Date
ATTEST:
City Clerk Date
Approved a
7-5413
Attorney
/
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BUCKEYE WATER CONSERVATION AND DRAINAGE DISTRICT
Board President Date
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MAR1COPA COUNTY
Chairman Date
ATTEST:
Clerk of the Board Date
Approve as to FORM:
County Attorney Date
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Municipal Corporation
Recommended by:
Michael A. Fulton Date
Director
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
I
Flood CgiAfro' District General Counsel Date
FCD 2018U002 11