AMENDMENT ONE COOPERATIVE AGREEMENT WITH THE NATURE CONSERVANCY.PDF

Maricopa County — Formal (2022-03-23)

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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