CMCA TEMPLATE.PDF

Commercial Management Concession Agreement
Between
Maricopa County
And
Name
For the Management, Operation and Maintenance of a Commercial Concession
within Maricopa County Regional Parks and Maricopa Trails
This Commercial Management Concession 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”) through its Parks
and Recreation Department (herein referred to as “MCPRD”) and Name (hereinafter referred to as
“Concessionaire”).The County and Concessionaire are collectively referred to as “Parties” or individually as a “Party.”
RECITALS
WHEREAS, County is authorized to enter into this Agreement pursuant to A.R.S. §§11-201, 11-251 and 11-933;
and
WHEREAS, the Parties agree the intent of this Agreement is solely for the operation, management and
maintenance of the Concession, described hereinafter, and is not intended to convey any property rights.
AGREEMENT
NOW THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements
hereinafter contained, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the County and the Concessionaire agree as follows:
1. Recitals. The Recitals are true and, by this reference, shall be incorporated herein and made a part of this
Agreement.
2. Concession Operations and Administration. The County hereby grants the Concessionaire the non-exclusive
right to manage, operate, maintain and to provide a commercial concession for TYPE (“Concession”) in a diligent,
professional and creditable manner, satisfactory to the County, within the Maricopa County Regional Parks and
Maricopa Trails (“System”) as described and identified in Exhibit One and in accordance with any published
rules, regulations and guidelines. Major events, defined as having more than twenty five (25) participants and/or
rentals of MCPRD’s facility(ies), are not a part of this Agreement.
A. The Concessionaire is responsible for ensuring that safety measures are implemented for Concession
activities. If unsafe operation of the Concession is observed or noted by Park personnel, operation shall
immediately cease until the risk or threat has been resolved. Any suspension of activities due to unsafe
operation(s) will be without liability to the County for compensation to the Concessionaire for losses,
including, but not limited to, lost income, lost revenue, wages or other compensation or liability.
B. The Concessionaire shall give full cooperation to the County’s inspection, monitoring and review process in
connection with this Agreement.
C. In case of emergency, Concessionaire will immediately contact appropriate emergency medical services and
then notify MCPRD personnel. An emergency is defined as any person requiring medical attention, or injury
requiring medical transport, or death.
D. Concessionaire shall not post any signs without the written consent of MCPRD.
3. Term.
A. Effective Date. The effective date of this Agreement will be the date approved by the Director (the “Effective
Date”).
B. Term. Term of this Agreement will be from the Effective Date through December 31, ____ plus an additional
twelve (12) months. In all events, the Term shall end on the 31st day of December of the applicable year.
Page 1

C. Renewal Option. Provided Concessionaire is not in violation of this Agreement, this Agreement may be
renewed for up to one (1) additional term of one (1) year upon thirty (30) days written notice to renew prior
to the end of the Term. The County shall not be liable to the Concessionaire or any of its officers, employees,
agents or contractors at law or in equity for not entering into a Renewal Option. Should the Concessionaire
holdover after the expiration of any Term, such holdover shall be on a month to month basis with all terms
and conditions of this Agreement to continue in full force and effect.
4. Accounting and Fees. The Concessionaire shall pay the County the greater of an annual minimum fee of two
hundred twenty-five dollars ($225.00) or ten percent (10%) of Concessionaire’s gross receipts. Misreporting of
gross revenue shall be deemed to be a fraud against County. The fee is in exchange for the rights to have a
Concession on County lands within the System. The fee is assessed by the County to offset impact to the park
and create funds to be applied towards park operations. The County does not guarantee the Concessionaire any
revenue amount.
A. The minimum annual fee of two hundred and twenty-five dollars ($225.00) shall be paid in four equal
payments of fifty-six dollars and twenty five cents ($56.25). The first payment shall be made at the time of
execution of this Agreement, with subsequent payments due on the first day of each calendar quarter.
B. On the first day of each calendar quarter, Concessionaire shall provide proof of the gross receipts on a
quarterly attendance and revenue statement form mutually agreed upon between the County and
Concessionaire (“Statement”), for the calendar quarter that ended 90 days prior to that quarterly due date (for
example, on January 1st the Statement is due for the quarter ended prior September 30). Statement shall
provide event date, number of guests and gross revenue for each day/event.
C. The 10% fee shall be applied to the gross receipts provided which shall represent the actual fee for the
calendar quarter shown on the Statement. The 10% fee shall accompany the Statement less $56.25 minimum
fee, which shall represent the actual fee for the calendar quarter. Should the due date fall on a Saturday,
Sunday or legal holiday, then the due date shall be at the close of business on the first day thereafter which
is not a Saturday, Sunday or legal holiday. The preferred method of payment is via credit card; however a
check can be mailed to the address shown in Section 11, Notices. If no events were held or revenue generated
during any reporting period, the Concessionaire is still required to submit the Statement and indicate “No
events held or revenue generated during this reporting period.” Late fees shall be ten percent (10%) of the
amount due. Invoiced late fees are due to the County by the due date stated on the invoice for late fees.
D. The Concessionaire will maintain an accounting system that conforms to the Generally Accepted Accounting
Principles (GAAP) and accurately reflects the results of the entire operation of the Concession. These
financial records will be retained for seven (7) years after termination of the Agreement. These financial
records will be made available for inspection or audit by County at least once per year.
E. One CMCA annual pass will be issued to Concessionaire by the County at no cost in conjunction with this
Agreement (“CMCA Annual Pass”). Concessionaire shall pay the County $5.00 for any additional annual
passes needed in connection with the operation of the Concession. The CMCA Annual Pass and other annual
passes associated with this Agreement are restricted to use in performance of this Agreement. Use of these
passes for other than in performance of this Agreement may result in revocation of theses passes and may
include termination of the Agreement, at the sole discretion of the County.
F. A non-refundable application fee of one hundred fifty dollars ($150.00) shall be paid to MCPRD upon
submission of application to become a Concessionaire. This fee is due for the initial development of the
Agreement and for each subsequent amendment to the Agreement.
5. Termination.
A. This Agreement may be terminated by either Party upon submission of a written notice of termination thirty
(30) days in advance of termination. In no event shall any termination date be other than the final day of a
calendar month. Said request for termination will be sent to the other Party by notice as provided for in this
Agreement. The termination will not be effective until there are no outstanding fees or other outstanding
duties of the Concessionaire. Upon payment of said fees, neither Party shall have further liability to the other.
B. This Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511.
6. Indemnification and Insurance
A. Indemnification.
1) In addition to the indemnification provisions provided for elsewhere in this Agreement, the
Concessionaire shall indemnify and hold harmless the County, its departments, agencies, officers and
Page 2

employees, from and against all claims, demands, judgments, actions, settlements, liens, penalties,
damages, losses, injuries, costs and expenses, including attorneys’ fees and court costs, by third parties
in connection with the use and operation of facilities for the Concession or, arising out of or in any way
caused by or related to any activity, condition or event arising out of the performance or non-performance
of the provisions of this Agreement, except to the extent caused by the gross negligence or willful
misconduct of the County or any of its departments, agencies, officers, employees or agents.
2) Neither the Concessionaire, nor any of its contractors or subcontractors shall have any authority to create
any lien against the County or property of 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 lien, charge or order for the
payment of money shall be filed or recorded against the County or property of 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) days after the Concessionaire will have received notice of the
filing thereof, or the Concessionaire may, within 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.
3) The Concessionaire shall indemnify and hold harmless County, its successors in interest and assigns,
from any liability, damage, expenses, costs or attorney(s’) fees incurred or arising from any and all
claims as a result of the consumption of food and/or beverage (alcohol and non-alcohol) sold by
Concessionaire or any of its agents, contractors, vendors, officers, employees, assigns, designees or
invitees due to the rights granted to the Concessionaire pursuant to the terms of this Agreement or as a
result of any act or omission by the Concessionaire or any of its agents, contractors, vendors, officers,
employees assigns, designees or invitees.
B. Insurance.
1) The Concessionaire shall maintain the following insurance coverage (i) General liability insurance as
per Table One; (ii) Additional insured status with an endorsement as broad as ISO Additional Insured
Endorsement CG20101185; (iii) Vehicle liability: Five hundred thousand dollars ($500,000) combined
single limit for all vehicles; (iv) Statutory workers’ compensation and employer’s liability of five
hundred thousand dollars ($500,000) per accident, five hundred thousand dollars ($500,000) per disease
and five hundred thousand dollars ($500,000) disease policy limits; (v) Waiver of subrogation/recovery
against the County to be included in all policies; (vi) Coverage must include environmental clean-up
unless documentation is provided by the Concessionaire that this is not available or feasible.
2) The County and the Bureau of Reclamation or the Bureau of Land Management shall be named as
“additional insured” under all policies of insurance with the exception of Worker’s Compensation policy.
Copies of all insurance policies or certificates thereof shall be made available to the County upon request.
Copies of the Certificate of Insurance (COI) shall be furnished annually to the County. The County shall
be given thirty (30) days advance written notice of cancellation of a policy, non-renewal, or change in
coverage or limits.
3) The Concessionaire assumes all risk of loss and shall be responsible for any and all losses to the
Concessionaire’s property and all Concessionaire improvements within the Concession site. Such Loss
to the Concessionaire’s property may result from, but is not limited to, theft, vandalism, fire and any
fire-fighting activities (including prescribed burns), landslides, rising waters, winds, falling limbs or
trees and acts of God.
4) A Waiver of Subrogation/recovery against the County shall be included in all policies.
Page 3

TABLE ONE
Concession Description Insurance Requirement
Rental - Boats / Jet Skis $1,000,000 General Liability
Not Guided Tours $3,000,000 Aggregate
$1,000,000 General Liability
Horseback riding on designated trails
$2,000,000 Aggregate
Food Vending Services from
$1,000,000 General Liability
authorized Kart, Trailer or Boat (land
$2,000,000 Aggregate
or water)
$1,000,000 General Liability
Guided Sailing or Boat Tours/Cruises
$2,000,000 Aggregate
$1,000,000 General Liability
Guided Jet Skis Tours
$3,000,000 Aggregate
$2,000,000 General Liability
Flyboarding
$4,000,000 Aggregate
$1,000,000 General Liability
Rental at Park - Mountain Bikes
$2,000,000 Aggregate
$1,000,000 General Liability
Commercial Sales
$2,000,000 Aggregate
$1,000,000 General Liability
Professional Photography
$2,000,000 Aggregate
$1,000,000 General Liability
Guided Fishing Expeditions
$2,000,000 Aggregate
Guided Hiking or Mountain Biking on $1,000,000 General Liability
designated Trails $2,000,000 Aggregate
Rafting/Kayaks/Paddleboard - $1,000,000 General Liability
Guided or Delivery to Park $2,000,000 Aggregate
Scuba Instruction/Certification with $1,000,000 General Liability
Dive Masters/Instructors $3,000,000 Aggregate
7. Compliance. The Concessionaire shall obtain all required licenses and permits and comply with all applicable
local, federal, state, county and city statutes, laws, ordinances, rules, policies, regulations and instructions,
including Maricopa County Parks and Recreation Department Park Rules, attached hereto as Exhibit Two, in
effect now or as may be amended or added.
Page 4

A. Concessionaire 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 agrees to comply with the 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, 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 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-concessionaire’s employee(s) who work on the Concession 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 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 warrants that it is in compliance with verification of employment eligibility and E-Verify
Program.
E. To the extent applicable under A.R.S. § 35-393.01, Concessionaire certifies it is not currently engaged in,
and for the duration of this Agreement agrees not to engage in, a boycott of Israel as defined in A.R.S. § 35-
393.
8. System Closure. MCPRD reserves the right, in its sole judgment, to close any area of the System or establish
limits of visitation at any portion of the Concession site or area of operation when deemed necessary for resource
protection, public safety and/or health purposes without any liability by the County or any compensation to the
Concessionaire for losses, including, but not limited to, lost income, wages or other compensation which may be
claimed by the Concessionaire. In the event of an emergency evacuation, the Concessionaire will be required to
take direction from the MCPRD. The County will not be liable for any loss or damage to Concession or
Concessionaire’s property.
9. Assignment. The Concessionaire shall not assign or subcontract any of the Concessionaire’s rights or interests in
the Agreement without the written consent of the MCPRD.
10. Taxes. The Concessionaire shall pay taxes of whatever character may be levied or charged upon Concessionaire’s
rights and operations under this Agreement.
11. Notices, Current Addresses and Points-of-Contact. All notices required under this Agreement shall be in
writing and given by email delivery and read receipt, or United States Post Office certified mail, return receipt
requested, or by commercial courier served with a receipt, or by hand delivery, to each Party’s following address,
or to such other address as either Party may notify the other in writing as provided herein. Any such notice shall
be considered served when communication is received and signed for or delivery is refused or returned to sender
as unclaimed.
For the County: Maricopa County Parks & Recreation Department
Attn: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: emilymiller@mail.maricopa.gov
Phone: (928) 501-9211
For the Concessionaire: Company Name
Attn:
Street Address
City, State Zip
Telephone: business & cell
E-Mail:
12. Concessionaire’s Representations. Concessionaire represents and warrants to the County as follows:
Page 5

A. The Concessionaire is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or agency.
B. The Concessionaire has not within a 3-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for 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 statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property.
C. The Concessionaire is not presently indicted or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (B) of this
certification.
D. The Concessionaire has not within a 3-year period preceding this Agreement had one or more public
transaction (Federal, State or local) terminated for cause of default.
E. The Concessionaire shall include, without modification, the representations in Sections 12A through 12D
above in all agreements for any and all lower tier covered transactions (i.e. transactions with vendors,
contractors) and in all solicitations for lower tier covered transactions related to this Agreement.
13. Waiver. 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.
14. Severability/Validity. 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, 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.
15. Consents and Approvals. 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.
16. Entire Agreement; Modification. This Agreement, together with any supplemental provisions 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.
17. Attorneys’ Fees. If any 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 attorneys’ fees
to be allowed in the suit or action, and court costs, and if appeal is taken from any judgment or decree in the suit
or action, the Party not prevailing on the appeal shall pay to the prevailing Party such further sum as the appellate
court shall adjudge reasonable as attorneys’ fees on appeal, and court costs.
18. Force Majeure. 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; inability to get materials; governmental restrictions; enemy or hostile governmental action; fire or
other casualty; and other causes beyond the reasonable control of the Party obligated to perform (all events of
“Force Majeure”).
19. Authority. Concessionaire, upon execution of this Agreement, shall simultaneously provide proof of authority to
execute the agreement. Party covenants and warrants to the other Party that: (a) it is duly authorized to execute
this Agreement; and (b) the execution of this Agreement has been duly authorized by the applicable Party.
20. Counterparts. 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 one and the same instrument. Faxed, emailed and copied
signatures are acceptable as original signatures.
Page 6

DATED this day of 201__.
MARICOPA COUNTY
Director Date
Maricopa County Parks and Recreation Department
CONCESSIONAIRE:
Name
Signature Date
By:
Printed Name
Its:
Title
Page 7

Exhibit One
Maricopa County Regional Park and Maricopa Trails (“System”)
System Map:
Park Name Phone
Adobe Dam / Cave Creek Regional Park / Spur Cross: 623-465-0431
Buckeye Hills / Estrella Mountain Regional Park: 623-932-3811
Lake Pleasant Regional Park: 928-501-1710
McDowell Mountain Regional Park: 480-471-0173
San Tan Mountain Regional Park: 480-655-5554
Usery Mountain Regional Park: 480-984-0032
White Tank Mountain Regional Park: 623-935-2505
Maricopa Trails: 928-501-9200
Hassayampa River Preserve / Vulture Mountain Recreation Area: 928-864-2772
Page 8

Exhibit Two – Park Rules
Maricopa County Parks & Recreation Department
PARK RULES
Adopted August 13, 2003 by the Maricopa County Board of Supervisors
R-101 Definitions of insurance naming the Department as additionally insured,
The following definitions shall determine meanings for certain and/or provide for adequate medical, sanitary and security services.
Facilities, objects, entities or activities. 7. A performance payment bond may be required for any permittee
1. “Abandoned Vehicle” means any vehicle, boat, trailer, or who is providing a service that was solicited to provide any event
structure, which shows evidence of being left unattended for a or activity sponsored by the Department.
period of 48 hours unless displaying an official permit 8. The Department may impose conditions on the conduct of any
indicating a stay in excess of 48 hours. activity which are necessary to protect the area and maintain its
2. “Aircraft” means a structure or device for navigation of the air availability as a public park.
that is supported either by its own buoyancy or by the 9. A Special Use Permit is not required for any person operating under
dynamic action of the air against its surface. the provisions of a valid special use or commercial management
3. “Camping” means erecting a tent or shelter or arranging concessions agreement with the Department.
bedding or both, for the purpose of, or in such a way as will 10. Special Use Permit applications, which are compatible with the
permit, overnight use; or parking a trailer camper or other management objectives of the individual park, may be refused for
vehicle for the purpose of remaining overnight. health and safety reasons or to protect the park from significant
4. “Commission” means the Maricopa County Parks and damages. With respect to competing non-profit uses, the use of
Recreation Commission. park space shall be granted on a first-come, first-served basis. With
5. “County” means Maricopa County. respect to competing commercial uses, informal proposals shall be
6. “Department” means the Maricopa County Parks and solicited and the Special Use Permit awarded to that concessionaire
Recreation Department. which offers to provide the County with the highest potential revenue
7. “Loudspeaker or public address system” means a device to and/or best recreational value to park patrons, provided the
amplify or direct sound. concessionaire does not have a poor performance history on any
8. “Maricopa County Park(s)” means any land or areas under the prior permits.
control of the Maricopa County Board of Supervisors which 11. All persons entering a park under a Special Use Permit are subject
has been designated as a Park, Recreation Area or to all entrance and/or other fees, and all rules and regulations
Conservation Area. concerning park resource and facility use. The total amount of
9. “Roads” means the entire width between the boundary lines of entrance fees owed by persons entering a park under a Special Use
every way when any part thereof is open, kept or maintained Permit may be calculated in advance and paid in accordance with terms
for use by the public for purposes of vehicular travel. negotiated as part of the Special Use Permit.
10. “Special Use Permit” means commercial or non-commercial 12. A decision by the Department concerning any Special Use Permit may be
permits issued by the Department for activities outside a appealed to the Commission.
park’s activity design or which excludes the general public or 13. Applications for Special Use Permits may be obtained from an
for which there is monetary gain. authorized representative of the Department.
11. “Swimming” means to propel one’s self in water by natural
means; consequently aquatic activities including the full or R-103 Violations and Penalties
partial use of inner tubes, air mattresses or personal support 1. Any person who violates any of these rules shall be guilty of a
devices. Class 2 misdemeanor.
12. “Designated Trail” means an authorized recreational trail 2. Any person who violates any of these rules may also be evicted for
designed, constructed, and maintained according to standards failure to comply.
within the County manual; it is within Maricopa County Parks’
boundaries and has been included in the Maricopa County The following acts are prohibited in Maricopa County Parks:
Park trail system inventory.
R-104 Entry, Use, Occupancy, Fees
R-102 Special Use Permits, Fees and Approvals 1. Entering, using, or occupying of a Maricopa County park or its
1. Special Use Permits shall be required for eligible non-profit, facilities, designated trails or waterways under the supervision and
government or private, as well as commercial uses. control of the Department for any purpose when said parks or areas
2. For eligible non-profit uses, a Special Use Permit is required are posted against such entrance, use, occupancy or where barriers
of any person or group for any activity outside each park’s exist.
activity design, or for the use of specific park areas that 2. Entering upon or using for any purpose the land, water or facilities
3. A Special Use Permit shall also be obtained in advance by any within the boundaries of Maricopa County Parks when a fee, rental,
any person or group wishing to use a Maricopa County Park admission or other consideration has been established for such land,
for eligible commercial uses. water or facility has been paid said fee, rental, admission or other
4. Park Impact Fees for Special Use Permits shall be negotiated consideration.
by the Department used on the expenses related to the
administration of the activity, protection of the park and R-105 Animals and Pets
visitors, and in accordance with established fee schedules
when applicable. 1. Riding, permitting or allowing livestock, saddle, pack, or draft animals
5. The Department may require commercial applicants to enter except on designated trails or areas under special permit issued
an agreement with the County for a negotiated percentage of by the Department or by special provisions of a Use Management
gross receipts not to exceed twenty (20) percent. Agreement.
6. The Department may require the permittee to post a deposit 2. Possessing, allowing or permitting a dog and/or other pets in a Maricopa
against damage and clean-up expense, provide a certificate of County Park, unless the same shall be under immediate control on a
Page 9

Exhibit Two – Park Rules (Continued)
leash not exceeding 6 feet in length, except the leash for any purpose.
requirement shall not apply to dogs while being used in hunting, 2. Engaging in noisy conduct, operating generators or motors, operating
in field trials, or while being trained when upon lands open to such radios, or otherwise making loud or disturbing noises that may disturb
uses and it does not interfere with other park activities. the peace of the area between the hours of 10:00 p.m. and 6:00 a.m.
3. Possessing, allowing or permitting a dog in a Maricopa County 3. Public urination or public defecation.
Park without a current license. 4. Engaging in noisy conduct that disturbs the peace.
4. Allowing dogs or other pets, other than seeing-eye or hearing
guide dogs, within the confines of public park buildings. R-112Camping
except the leash requirement shall not apply to dogs while 1. Camping without first obtaining a written permit issued by the
5. Allowing dogs and/or other animals to create a nuisance, noise Department.
or disturbance in any area. 2. Failure to obey all written or posted camping regulations.
6. Failure of any owners of pets to properly dispose of any waste.
7. Scattering or depositing the ashes of any animal. R-113 Fires
1. Building fires except in designated places.
R-106 Firearms, Hunting and Trapping 2. Building fires in any area posted against such use.
1. Possessing a firearm, unless unloaded in both barrel and magazine 3. Building wood or charcoal fires at any time posted against such activity
in any area closed to the discharge of firearms unless permitted by (during fire ban).
state law. 4. Use of gas or propane stoves or grills when use is prohibited (during
2. Shooting a firearm, air rifle, air pistol, potato cannon, or any type of extreme fire ban).
cannon, paintball gun, slingshot, or shooting with a bow and arrow, 5. Abandoning any fire without completely extinguishing it.
or setting traps except in locations provided for that purpose by 6. Allowing a fire to escape from control.
Arizona Game and Fish rules.
R-114 Public or Commercial Activities
R-107 Motor Vehicle and Bicycles 1. Conducting any activity or assembly outside the individual park’s
1. Operating any motorized vehicle except on roads and parking areas activity design or requiring the use of park areas which exclude the use
designated by the Department for such purpose. of the general public without first obtaining a Special Use Permit from
2. Abandoning any vehicle in any area of a Maricopa County Park. the Department.
Vehicles violating this section may be towed at the owner’s expense. 2. Posting, placing, or distributing advertising material; erecting a fence or
3. Parking a motor vehicle or trailer or other device towed by a motor barrier (except under specific use management or lease agreements),
vehicle in such a manner whereby roads, parking areas or other constructing or occupying improvements; or enclosing County
traffic ways or traffic are blocked or otherwise impeded. Vehicles administered lands without first obtaining or enclosing a Special Use
violating this section may be towed at the owner’s expense if such Permit from the Department.
violation constitutes blockage of any emergency lane or otherwise 3. Using a loudspeaker or public address system, or amplifier, without first
interferes with park operations. obtaining a Special Use Permit from the Department.
4. Operating a bicycle in a careless or reckless manner, or in disregard 4. Using County administered lands for a commercial purpose without
of the safety of any person or property. first obtaining a Special Use Permit from the Department.
5. Utilizing bike ramps in non-designated areas.
6. Operating, without permission from the County, any motorized R-115 Glass Bottles
skateboard, motorized scooter, mo-ped or like device. 1. Possessing glass, ceramic or hard frangible plastic beverage bottles.
R-108 Watercraft and Swimming R-116 Aircraft and Engine Powered Models
1. Bringing into, or operating any watercraft upon a body of water 1. Operating any passenger carrying aircraft of any nature or parachute,
except at such places and in such a manner as designated for such including parasailing, except in areas designated for such use by the
use or purpose by the Department. Department or in an emergency situation.
2. Storing or leaving any watercraft without first obtaining a permit 2. Operating engine powered models and/or toys in any park area not
issued by the Department or its authorized concessionaire. designated for such use or in such manner that it could be a hazard
3. Swimming in areas posted against such use. to the public.
4. Cliff jumping.
R-117Interference with a Park Ranger or a Park Police Officer
R-109 Vandalism 1. Interfering with any Park Ranger and/or Park Police Officer in the
1. Destroying, damaging, or removing any tree, shrub, wildflower, discharge of the Park Ranger’s and/or Park Police Officer’s duties.
cactus, or any other vegetation, or any other vegetative product 2. Failing or refusing to obey any lawful command of any Park Ranger
or by-products without first obtaining a written permit from the and/or Park Police Officer or other Certified Peace Officer.
Department.
2. Destroying, damaging, defacing or removing any County property R-118 Trails
or property administered by the Department. 1. Damaging, blocking, restricting or otherwise interfering with the use
of a trail.
R-110 Littering 2. Throwing or rolling rocks or other items into valleys or canyons, down
1. Depositing or abandoning garbage, sewage, refuse, trash, waste hillsides, mountainsides or trails.
or other obnoxious material, except in receptacles or containers 3. Leaving a designated trail or walkway between trailheads.
provided for such purposes. 4. Operating a bicycle, riding a horse, or hiking, except on trails designated
2. Throwing or breaking glass, plastic or ceramic objects leaving for that use.
Shards or other fragments on park property. 5. Failure to follow any sign that dictates the use or behavior on a trail.
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
Page 10