AMENDMENT ONE COOPERATIVE AGREEMENT WITH THE NATURE CONSERVANCY.PDF
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AMENDMENT ONE
COOPERATIVE AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE NATURE CONSERVANCY
C-30-16-018-M-01
A Cooperative Agreement (C-30-16-018-M-00) was entered into on April 6, 2016
(“Cooperative Agreement”) 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”.
RECITALS
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 Cooperative Agreement; and
WHEREAS, the Parties entered into the Cooperative Agreement to achieve integrated
conservation and management of the Hassayampa River Preserve at Vulture Mountains
Recreation Area (“HRP”); and
WHEREAS, the Parties entered into a Lease Agreement (C-30-17-013-M-00) on March
27, 2017, incorporated herein by reference (“Lease”) for certain leased lands at the (“Leased
Property”); and
WHEREAS, both the Cooperative Agreement and the Lease established 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 Cooperative Agreement expires on April 5, 2022,
with no additional renewals and
WHEREAS, the Lease expires on April 30, 2022, and, unless terminated earlier or either
Party gives prior notice, will by its terms be extended by an automatic renewal of one (1)
additional period of ten (10) years; and
WHEREAS, the Parties desire to enter into this amendment to the Cooperative
Agreement (“Amendment One”) to extend and revise the term of the Cooperative Agreement to
be coterminous with the Lease and to update the Notice provisions; and
WHEREAS, the Parties desire to enter into this Amendment One with the understanding
that all other provisions of the Cooperative Agreement shall remain in full force and effect and
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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 Cooperative Agreement as follows:
I.
INCORPORATION OF RECITALS AND CONFLICT OF INTEREST
The Recitals set forth above are hereby incorporated into this Amendment One. The
Cooperative Agreement, 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
The Cooperative Agreement shall be coterminous with the Lease and the term of the
Cooperative Agreement shall terminate or be extended in accordance with the same
terms, provisions, and conditions as the Lease. If the Lease Term is changed in any
way, the term of the Cooperative Agreement shall also be changed in the same way,
even though such revisions are stated in the Lease and not specified in this Cooperative
Agreement. The Cooperative Agreement shall terminate on April 30, 2022, unless
terminated early or extended pursuant to the provisions contained in the Lease (the
“Lease Term”) or upon transfer of fee ownership of the Leased Property to County.
Unless terminated due to fee title transfer or a written notice of nonrenewal is given to
the other Party no later than sixty (60) days prior of the end of the Lease Term, the
Lease Term, which is also the term of this Cooperative Agreement, shall be
automatically renewed for an additional period of ten (10) years upon the same terms
and conditions as set forth in the Lease with such amendments as TNC and County
deem desirable at that time.
By written notice to other Party no later than sixty (60) days prior to the end of the Lease
Renewal, either Party may initiate an extension to the term of the Lease for an additional
period less than ten (10) years mutually agreed upon between the Parties and upon the
same terms and conditions as set forth in the Lease with such amendments as TNC and
County deem desirable at that time. Such extension must be in writing, signed by both
Parties, prior to the termination of the current Lease Term.
III.
NOTICES
Section 5.i. Notice; Contacts of the Cooperative Agreement is hereby amended with updated
contact information, as follows:
For TNC:
The Nature Conservancy
Director, Land and Water Protection
1510 E. Fort Lowell Road
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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
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 Cooperative Agreement remain the same and in full force and
effect.
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IN WITNESS WHEREOF, the Parties hereto have executed this Amendment One on the date
indicated below.
TNC
THE NATURE CONSERVANCY, a District of Columbia non-profit corporation
__________________________________
Date:_________________________
Name: Daniel Stellar
Title: Arizona State Director
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
RECOMMENDED BY:
MARICOPA COUNTY PARKS AND RECREATION DEPARTMENT
____________________
Name: RJ Cardin
Date
Title: Maricopa County Parks and Recreation Director
MARICOPA COUNTY
_______________________________
Chairman, Board of Supervisors
Date
ATTEST
Clerk of the Board
Date
Approved as to Form:
Deputy Maricopa County Attorney
Date