MOU WITH FCD ADOBE DAM PERIMETER FENCING.PDF
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MEMORANDUM OF UNDERSTANDING
BETWEEN
MARICOPA COUNTY
AND THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
ADOBE DAM PERIMETER FENCING PROJECT
MOU 2022U002
C-_________________________
This MEMORANDUM OF UNDERSTANDING hereinafter referred to as “MOU” is made and
entered into between Maricopa County, a political subdivision of the state of Arizona, hereinafter
referred to as “County,” through the Parks and Recreation Department, hereinafter referred to as
“Parks”, and the Flood Control District of Maricopa County, hereinafter referred to as “District",
separately known as “Party” or collectively as “Parties”. This MOU pertains to the responsibilities
associated with the installation and maintenance of perimeter property boundary fencing
(“Fencing”) to help protect District property/recreational area from continued illegal off-road
trespassing and illegal dumping within the area known as the Adobe Dam Flood Control Project
(“Project”) or Adobe Dam Regional Park (“Park”).
WITNESSETH
WHEREAS, the District and the County entered into a Joint Use Agreement FCD
1981A001 (“JUA”) on September 8, 1981, as amended, outlining the responsibilities of each party
as they pertain to the Park; and
WHEREAS, the District is responsible for operation and maintenance of flood control
features of the Project and in such capacity the District acquired lands necessary in support of
said Project; and
WHEREAS, County, through Parks, is the recreation sponsor for the Project and is
responsible to construct, operate and maintain certain recreational facilities and amenities for
public use within Adobe; and
WHEREAS, the Parties desire to enter into this MOU to clarify responsibilities,
understandings, and actions as they pertain to the installation and maintenance of Fencing at
Adobe to help protect District property/recreational area from continued illegal off-road
trespassing and illegal dumping (“Fence Project”); and
WHEREAS, it is understood by both Parties that the contents of this MOU will be
incorporated into any subsequent JUA, or amendment of the existing JUA.
NOW THEREFORE, in consideration of the mutual promises and understandings of the Parties
herein, it is agreed as follows:
1. Purpose
To delineate and define the rights, obligations, duties, and responsibilities of the parties
with respect to the Fence Project.
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2. Term and Termination
This MOU shall become effective upon execution by both Parties and remain in effect until
terminated as provided for herein. Either Party may terminate this MOU at any time by
providing the other Party with thirty (30) days prior written notice.
3. Responsibilities
A. The District will be responsible for all costs associated with the installation of the
Fence Project as depicted on Exhibit A (attached and made a part hereof). Exhibit
A is not inclusive of all Fencing installation needs, it is a representation of current
illegal off-road trespassing access locations.
B. The District will repair and be responsible for all costs associated with repairs to
the Fence Project due to flood damages. The Fence Project will be repaired as
soon after it is damaged as is reasonably possible and when conditions allow.
C. County, through Parks, will be responsible for all work and costs associated with
repairs and maintenance of the Fence Project as the result of anything that are not
flood related damages, as per Section IV of the JUA.
4. Assignment and Delegation
No Party may assign any rights hereunder without the expressed written consent of the
other Party to this MOU. The Park’s Director and the District’s Director, or their delegee,
shall administer this MOU and is hereby authorized to execute such documents as are
necessary for the successful administration of this MOU.
5. Disputes
Disputes shall be resolved through direct negotiation between the authorized persons of
the Parties or their designees.
6. Conflict of Interest
The Parties to this MOU have chosen attorneys employed by the Civil Services Division
of the Maricopa County Attorney’s Office (Civil Services Division) to act as their attorneys
to review this MOU. In so doing, by their signature below, each Party acknowledges that
it is aware that the Civil Services Division will represent both parties to this MOU, and each
Party expressly waives any conflict created thereby.
7. Entire Agreement
This MOU contains the entire understanding of the Parties concerning the Fence Project.
There are no representations or provisions other than those contained herein. This MOU
shall not be amended or modified, except by in writing, signed by the Parties.
8. Invalidity of Part of this Agreement
The Parties agree that should any part of this MOU be held to be invalid or void, the
remainder of the MOU shall remain in full force and effect.
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9. Governing Law
This MOU shall be construed under the laws of the State of Arizona. The proper venue for
any proceeding at law or equity shall be Maricopa County, Arizona.
10. Notices
All notices under this MOU shall be mailed or e-mailed, or delivered to the Party to receive
such notification, and shall be in writing and addressed to the following individuals:
For County:
Maricopa County Parks & Recreation
Attn: RJ Cardin, Director
Unit Operations Center
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Phone: 602-506-9500
Email: rj.cardin@maricopa.gov
For District:
Flood Control District of Maricopa County
Attn: Erik Arntz
Operations and Maintenance Division Manager
2801 W. Durango Street
Phoenix, Arizona 85009
Phone: 602-506-4714
Email: erik.arntz@maricopa.gov
11. Cancelation.
This MOU is subject to cancelation pursuant to A.R.S. § 38-511.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS HEREOF, the Parties have executed this MOU on the dates set forth below.
MARICOPA COUNTY
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
__________________________________
__________________________________
Chairman
Chairman
Board of Supervisors
Board of Directors
ATTEST:
ATTEST:
__________________________________
__________________________________
Clerk of the Board Date
Clerk of the Board
Date
Approved as to Form:
Approved as to Form:
_________________________________
__________________________________
Deputy Maricopa County Attorney Date
General Counsel
Date
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EXHIBIT A