AMENDMENT FOUR TO JUA BETWEEN MCFCD AND MC PARKS.PDF

AMENDMENT FOUR TO ADOBE DAM JOINT USE AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
C-69-99-091-0-02
C-30-06-033-2-01
WHEREAS, a Joint Use Agreement as amended by Amendment One,
Amendment Two and Amendment Three referred to herein below, was entered into
between Maricopa County ("County") and Flood Control District of Maricopa County
("District") on September 9, 1981 (together, the "Agreement")
WHEREAS, County is authorized to enter into the Agreement pursuant to A.R.S.
§11-201, 11-251 and 11-933; and
WHEREAS, District is authorized to enter into the Agreement pursuant to
A.R.S.§48-3603 (C3); and
WHEREAS, District, as local sponsor for the Adobe Dam Flood Control Project
("Adobe Dam Project"), a feature of the New River and Phoenix City Streams Flood
Control Project authorized by the Flood Control Act of 1965 (89 th Congress, 1 st Session),
is responsible for operation and maintenance of Flood Control features of Adobe Dam
Project; and
WHEREAS, County, acting through its Parks and Recreation Department as the
recreation sponsor for the Adobe Dam Project, desires to construct, install, operate and
maintain certain recreational facilities and amenities for general use within the
recreational area of Adobe Dam Project; and
WHEREAS, Amendment One, executed on June 21, 1993 (C5931287), clarified
certain provisions of the Joint Use Agreement and replaced Exhibit "A" of the Joint Use
Agreement with Exhibit "A-1" of Amendment One to redefine the recreational area of
Adobe Dam Project; and
WHEREAS, Amendment Two to the Joint Use Agreement, executed on May 19,
1999 (C-69-99-091-0-00, C-30-99-010-0-00), clarified that approximately seven (7)
acres previously referred to as the Medigovich property ("M-1 and M-2") was never
under the control of County, and that ownership and management of M-1 and M-2 is
retained by District per a separate agreement dated July 18, 1983 (MCR # 1983-
0295617) between County, District, and Dushan and Mary Medigovich; which
agreement has since expired due to the termination of the life estate of Dushan and
Mary Medigovich; and

WHEREAS, Amendment Three executed on June 7, 2006 (C-69-99-091-0-01, C-
30-06-033-2-00) provided for a defined term of the Joint Use Agreement and a renewal
option of that term; and provided for conditions pursuant to termination of the Joint Use
Agreement; and provided for updating other administrative provisions of the Agreement;
and,
WHEREAS, County and District now desire to amend the Agreement to include
M-1 and M-2 to the recreational area of the Adobe Dam Flood Control Project, with
ownership of M-1 and M-2 remaining with District.
NOW THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the Parties hereby agree to further amend the Agreement as
follows:
I. INCORPORATION OF RECITALS
The Recitals set forth above are hereby incorporated into the Agreement.
II. EFFECTIVE DATE
This Amendment Four shall be effective as of the date Amendment Four is fully
executed ("Effective Date"). .
III. Recreational Area of the Adobe Dam Flood Control Project
The recreational area of the Adobe Dam Flood Control Project shall include M-1 and
M-2 as depicted in Exhibit "A-2" which Exhibit "A-2" is attached hereto and made a part
hereof.
On the Effective Date of this Amendment Four, County shall have control of M1 and
M2 for recreational uses (pursuant to the Agreement).
IV. AMENDMENT
The foregoing paragraphs contain all the changes made by this Amendment Four. All
other terms and conditions of the Agreement remain the same and in full force and
effect. In the event of a conflict between the terms of the Agreement and this
Amendment Four, the terms of this Amendment Four shall control.
V. CONFLICT OF INTEREST
County and District acknowledge that this Amendment Four is subject to the
provisions of A.R.S. §38-511, which is incorporated herein by this reference.
District and County have chosen attorneys employed by the Civil Services Division
of the Maricopa County Attorney's Office ("Civil Services Division") to act as their
attorney for purposes of reviewing this Amendment Four. In so doing, by their signatures
below, each party acknowledges that it is aware that the Civil Services Division will
represent both parties to this Amendment Four, and each party expressly waives any
conflict created thereby.

RECOMMENDED FOR APPROVAL: APPROVED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
22.lt
William D. Wiley, P.E. Date Chairman of the Board Date
Chief Engineer and General Manager
ATTEST:
8.2 246,
Dennis P. Lindsey Date Clerk of the Board Date
Deputy Chief Real Estate icer
STATE OF ARIZONA
)ss
COUNTY OF MARICOPA )
Before me, , Notary Public in and for said County, State
of Arizona, on this day personally appeared , known to me
to be the person whose name is subscribed to the forgoing instrument as Chairman of
the Board of the Political Subdivision in the foregoing instrument.
Given under my hand and seal of the office this day of , 2016.
Notary Public (signature)
APPROVED AS T RM and within the powers and authority granted under the laws
of the State of An d Maricopa County
ad Control District General Counsel

Date
BOARD OF SUPERVISORS
MARICOPA COUNTY
Chairman Date
ATTEST
Clerk of the Board Date
Date

Exhibit "A-2"