CPLC PLAYGROUND EQUIPMENT AGREEMENT.PDF
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AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CHICANOS POR LA CAUSA, INC. Contract Number: ________________ This Agreement is entered into by and between Maricopa County, administered by its Human Services Department, (hereinafter referred to as the “County”) and Chicanos Por La Causa, Inc. (CPLC), (hereinafter referred to as “CPLC”). The County and CPLC collectively shall be referred to as the “Parties” and individually as a “Party.” The Agreement is effective on June 10, 2015. I. The purpose of this agreement is to transfer and donate property ownership of playground equipment structure and gazebo shade cover; and soft ground surface located at 5834 E Santos Bravo, Guadalupe, AZ 85283. II. The Parties acknowledge transfer and donation of Playground Equipment from the County to CPLC. The date of transfer of the Playground Equipment is June 10, 2015. III. The specifications of Playground Equipment being donated are more fully described in the attached Fixed Asset List Exhibit A, but generally includes: Playground structure Playground equipment Soft ground surface Gazebo structure IV. All rights and obligations of the Parties shall be governed by the terms of this agreement. V. CPLC, for itself and on behalf of its agents, officials, employees, representatives, affiliated companies, successors and assignees, hereby fully releases, acquits and forever discharges County, its agents, officials, employees, representatives, attorneys, officers, directors and insurance carriers from any and all claims, suits, debts, actions, demands, causes of action, obligations, rights, costs, loss of services, expenses, compensation, liabilities and damages of any kind, name, nature, or description, either at law or in equity, which now exist, or which may hereafter accrue, whether or not now known, suspected, claimed or alleged, or which may be based upon, arise from, be related to, or connected with the transfer, conveyance, grant, use, ownership, maintenance, salvage or disposal of the Playground Equipment, including, but not limited to, any and all claims, demands, causes of action, obligations, liabilities, losses, actions, judgments, verdicts, awards, costs, fees, expenses and damages of whatsoever kind or nature, whether known or unknown, foreseen or unforeseen (including but not limited to compensatory and punitive damages). VI. The Parties accept that strict compliance with the terms of this agreement shall not be waived. Any changes required to this agreement shall be in writing and signed by both Parties. VII. The parties executing this agreement represent that they have full authority to do so. This agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind either Party hereto. Nothing in this agreement shall be construed as consent to any lawsuit or waiver of any defense in any lawsuit brought against the State of Arizona, the County, or state or federal court. IN WITNESS THEREOF, the Parties have signed this agreement: Approved By: Approved By: CHICANOS POR LA CAUSA, INC. MARICOPA COUNTY ___________________________________ ___________________________________ Chairman, Board of Supervisors __________________ __________________ Date Date Attested To: ___________________________________ Clerk, Board of Supervisors Date IN ACCORDANCE WITH A.R.S. §§ 11-201 AND 11-251 THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. Approved as to form: ___________________________________ Deputy County Attorney Date