AMENDMENT ONE LEASE AGREEMENT WITH THE NATURE CONSERVANCY.PDF
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When Recorded Mail To:
The Nature Conservancy
Land Protection Department
Attn: Kristen Ross
1510 E. Fort Lowell Road
Tucson, AZ 85719
AMENDMENT ONE
LEASE AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE NATURE CONSERVANCY
C-30-17-013-M-01
A Lease Agreement (C-30-17-013-M-00) was entered into on March 27, 2017 (“Lease”)
between MARICOPA COUNTY, a political subdivision of the State of Arizona (hereinafter
referred to as “County”), and THE NATURE CONSERVANCY, a District of Columbia non-profit
corporation doing business by and through its Arizona Program ("TNC"), together hereinafter
referred to as “Parties” or individually as a “Party”.
WHEREAS, pursuant to the authority granted in A.R.S. §§11-201 (A)(2), 11-251(45), 11-
932 and 11-933, the County entered the Lease; and
WHEREAS, the Parties entered the Lease for management of certain leased lands
(“Leased Property”) at the Hassayampa River Preserve at Vulture Mountains Recreation Area
(“HRP”); and
WHEREAS, the Parties entered into a Cooperative Agreement (C-30-16-018-M-00) on
April 6, 2016, incorporated herein by reference (“Cooperative Agreement”), to achieve
integrated conservation and management of the HRP; and
WHEREAS, both the Cooperative Agreement and the Lease establish a cooperative
relationship and mutual objectives to achieve conservation and management of HRP that
emphasizes its natural, cultural, historic, and wildlife resources and the sustainability of
traditional uses, while embracing compatible recreational, educational, and commercial visitor
services; and
WHEREAS, the current term of the Lease expires on April 30, 2022, and, unless
terminated earlier or either Party gives prior notice, will by its terms be automatically extended
by an automatic renewal of one (1) additional period of ten (10) years and the current term of
the Cooperative Agreement expires on April 5, 2022, with no additional renewals; and
WHEREAS, the Parties desire to enter into this amendment to the Lease (“Amendment
One”) to provide notice that the term of the Cooperative Agreement will be extended and
revised to be coterminous with the Lease pursuant to Amendment One to the Cooperation
Agreement entered into by the Parties and to update the Notice provisions of the Lease; and
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WHEREAS, the Parties desire to enter into this Amendment One with the understanding
that all other provisions of the Lease shall remain in full force and effect and capitalized terms
used herein without definition will have the meanings ascribed to them in the Cooperative
Agreement and/or the Lease.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree to amend the Agreement One as follows:
I.
INCORPORATION OF RECITALS AND CONFLICT OF INTEREST
The Recitals set forth above are hereby incorporated into this Amendment One. The
Lease, as amended, is subject to cancellation pursuant to A.R.S. 38-511, the provisions of
which are incorporated herein by this reference.
II. TERM AND TERMINATION
Section 2. Term Renewal paragraph one is hereby amended to add the following:
The Cooperative Agreement shall be coterminous with this Lease and the term of the
Cooperative Agreement shall terminate or be extended in accordance with the same
terms, provisions, and conditions as this Lease. If the Lease Term is changed in any
way, the term of the Cooperative Agreement shall also be changed in the same way.
III.
NOTICES
Section 23 Notices of the Lease is hereby amended with updated contact information, as
follows:
For TNC:
The Nature Conservancy
Director, Land and Water Protection
1510 E. Fort Lowell Road
Tucson, AZ 85719
Phone: (520) 622-3861
Fax: (520) 620-1799
Email: Jody.Norris@TNC.ORG
For County:
Maricopa County Parks and Recreation Department
Operations Manager
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Phone: (602) 506-9502
Email: jennifer.waller@maricopa.gov
With copies to:
Maricopa County Parks and Recreation Department
Attn: Contract Administrator
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41835 N. Castle Hot Springs Road
Morristown, AZ 85342
E-mail: emily.miller@maricopa.gov
IV.
EFFECTIVE DATE
Upon execution by the County, this Amendment One will become effective.
V.
EFFECTIVENESS
The foregoing paragraphs contain all of the changes made by this Amendment One. All
other terms and conditions of the Lease remain the same and in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment One on the date
indicated below.
TNC (LESSOR)
THE NATURE CONSERVANCY, a District of Columbia non-profit corporation
By ________________________________
Its ________________________________
STATE OF ____________
)
)
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ____ Day of
____________, 2022 by ___________________________ as ____________________ and
attesting officer of THE NATURE CONSERVANCY, a District of Columbia non-profit
corporation.
______________________________
NOTARY PUBLIC
NOTARIAL SEAL/EXPIRATION:
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COUNTY (LESSEE)
RECOMMENDED BY:
MARICOPA COUNTY PARKS AND RECREATION DEPARTMENT
Name: RJ Cardin
Date
Title: Maricopa County Parks and Recreation Director
APPROVED BY:
MARICOPA COUNTY
_______________________________
Chairman, Board of Supervisors
Date
ATTEST
Clerk of the Board
Date
Approved as to Form:
Deputy Maricopa County Attorney Date