IGA CITY OF BUCKEYE JOE FOSS RANGE.PDF
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Intergovernmental Agreement
Between
Maricopa County
And
City of Buckeye
For the Use and Management of General Joe Foss Shooting Complex
at Buckeye Hills Regional Park
C-__________________
This Intergovernmental Agreement, hereinafter referred to as “Agreement,” is entered into
between Maricopa County, a political subdivision of the State of Arizona (hereinafter referred to
as “County”) through its Parks and Recreation Department (herein referred to as “MCPRD”) and
the City of Buckeye, a municipal corporation (hereinafter referred to as “City”). The County and
City are collectively referred to as “Parties” or individually as a “Party.”
RECITALS
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to A.R.S. §§11-
933 and 11-952; and
WHEREAS, pursuant to the Recreation and Public Purposes Act of 1926 (the “R&PP”), the
United States of America, acting through its Bureau of Land Management (the “BLM”), through
a series of land patents, granted to the County Land Patents 02-70-0043 on December 29, 1969;
02-72-0048 dated January 10, 1972; 02-73-0042 dated December 29, 1972; 02-73-0057 dated
April 13, 1973, respectively, for the land currently known as Buckeye Hills Regional Park (the
“Park”); and
WHEREAS, the R&PP and related federal regulations (42 CFR Subparts 2740, 2741), and
internal BLM policies and procedures, provides facilities or services for the benefit of the public
in connection with, but not limited to, public health, safety, or welfare; and
WHEREAS, the County has developed a shooting facility known as the General Joe Foss
Shooting Complex, which is situated at the Park and depicted on Exhibit One (the “Complex”);
and
WHEREAS, the City has access to and from the public right-of-way to the Complex via
Buckeye Hills Drive; and
WHEREAS, the R&PP provides certain requirements for how the land may be used under the
R&PP, such as any revenue collected must be used on the Complex lands to offset the impact to
the Complex and create funds to be applied towards Park operations, thus avoiding the appearance
of a windfall income or profit since the land was patented at a reduced cost; and
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WHEREAS, the County believes the public interest can best be served by the City providing
law enforcement training and education and offering public use (the “City’s Use”) at the Complex;
and
WHEREAS, it is the Parties' intent that the Complex be made available for the City’s Use,
and it is not the intent of the Parties to convey legal or equitable title to any property or any property
rights pursuant to this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual representations, warranties, covenants,
and agreements herein contained, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the County and the City agree as follows:
1. Recitals. The Recitals are true and, by this reference, shall be incorporated herein and made a
part of this Agreement.
2. Use, Management, and Administration. As of the Effective Date, the County hereby grants
the City the exclusive right to use and manage the Complex in a legal, professional, and diligent
manner reasonably satisfactory to the County. County shall deliver to the City for the uses
stated herein the Complex, and the County states there are currently no known damages at the
Complex.
A. The City shall open the Complex for public use no later than the week of October 6, 2025.
B. The City shall open the Complex for public use a minimum of three (3) days per week.
C. The City is responsible for ensuring safety measures are implemented during the City’s
Use. If an unsafe operation of the Complex is observed or noted by Park personnel then,
upon notice to the City, the City shall immediately cease operation of the Complex until
the risk or threat has been resolved. Any suspension of activities due to unsafe operation(s)
will be without liability to the County or compensation to the City for losses, including,
but not limited to, lost income, lost revenue, wages, or other compensation or liability.
(1) The City shall provide a copy of the City’s Standard Operating Procedures (for
operating a fire line) and Emergency Procedures to the County prior to the operation of
the Complex.
(2) All vehicles will be driven only on graded/maintained surfaces within the Complex
unless County provides prior written approval otherwise.
(3) During hours of operation, City shall have at least one (1) person current in CPR and
First Aid present on the Complex.
(4) City shall provide Certified Range Safety Officers certified by the National Rifle
Association (NRA) or other comparable certification, in sufficient quantity, to conduct
range operations.
(5) The City will determine, in its sole discretion, weapons and ammunition that are
permitted to be used or discharged. No discharge is allowed outside the Complex
Development (as defined in Section 12).
D. The City will maintain and fund all operations, maintenance, and Capital Improvements to
the Complex. As defined herein, Capital Improvements are major maintenance and repair
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of existing facilities and structures. The City will have the right but not the obligation to
undertake construction of additional facilities to the Complex.
(1) The City agrees to maintain the Complex in a commercially reasonable manner.
a) The City is responsible for maintaining all structures, facilities, or amenities,
currently or in the future, included in the Complex, normal wear and tear excepted.
b) The City shall provide, at its own expense, all equipment, furnishing, and supplies
necessary to fulfill its obligations under the terms and conditions of this Agreement.
(2) Plans for improvements and construction must be submitted to the County, City of
Buckeye, and any other permitting agency with jurisdiction for approval in accordance
with the customary and required permitting process. All improvements and
construction will comply with existing laws, regulations, rules, statutes, codes, and
ordinances.
a) Obtaining all required permits for improvements and construction and all costs
incurred will be the responsibility of the City. The City will be responsible for
identifying all required permits and approvals. No improvements or construction
may commence until approval, or a final permit is granted by the agencies with
jurisdiction over the improvement or construction project.
b) The City will be responsible for all costs associated with the planning, design,
permitting, and construction/completion of all stated requirements, improvements,
or construction projects.
c) The City will ensure that all activities (operations or construction) comply with all
air quality and environmental laws, statutes, rules, ordinances, regulations, or
policies.
d) The City agrees to schedule and conduct any improvements or construction activity
on the Complex to minimize hazards and inconvenience to the public.
e) The County will review Concept Plans. The City will be responsible for submitting
Concept, Preliminary, Final, and As-Built Plans at a scale acceptable to the required
permitting agencies for all improvements and construction projects. These plans
will be submitted to all required agencies for review, comment, and written
approval or for the final permit for a specific improvement or construction activity
to be issued. The City shall provide the County with a courtesy copy of all plans
for review, and the County will be allowed to comment prior to submission to
permitting agencies for approval. Plans shall comply with all applicable federal,
state, and local rules, regulations, and ordinances including, but not limited to,
health, building zoning, fire and safety codes, all applicable environmental statutes,
regulations, and ordinances, the Americans with Disabilities Act of 1990, the
Architectural Barriers Act of 1968, the Uniform Federal Accessibility Act of 1983
and the Arizona Native Plant Law.
f) Any deviation for the plan of development on record requires public comment and
BLM approval.
E. The City is responsible for preserving the Complex by protecting it from damage. The
City shall be liable for all damage incurred and responsible for all costs incurred in
correcting such damage.
F. At the expiration or termination of this Agreement, the City shall return the Complex to
the County in a good condition, normal wear and tear excepted. At the County’s sole
discretion, the City may abandon the improvements made by the City or remove said
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improvements and restore the Complex to its original condition, normal wear and tear
excepted.
G. The City shall reasonably cooperate with the County’s annual Complex evaluation,
monitoring, and review process in connection with this Agreement.
H. In an emergency, the City will immediately contact appropriate emergency medical
services and then notify MCPRD personnel. An emergency is defined as any person
requiring medical attention, injury requiring medical transport, or death, among other
things.
I. Except as expressly set forth herein, including Fee Schedules (defined in Section 3), City
shall not post any signs without the written approval of the County.
J. City shall be the only operator of the Complex and shall not transfer, sell, assign, or
subcontract, in whole or in part, the City’s rights or interests in the Agreement without the
prior written approval of the County. Notwithstanding the foregoing, City may subcontract
the concession of accessory goods or services at the Complex, such as supplies related to
Complex-activities (ammunition, magazines, holsters, etc.), snacks, and non-alcoholic
beverages. Concession vendors shall have no independent right to the use of the Complex
under this Agreement.
3. Fee Schedules. Prior to opening the City shall provide a listing of prices and charges (the “Fee
Schedule”) to the County. Within thirty (30) days following the effective date of any
amendments to the Fee Schedule, the City shall provide notice of the same to the County. It
is the intent of the County that the services and facilities shall be made available to the general
public at reasonable fees and charges. The City agrees to make the facilities available to the
general public at reasonable fees and charges. In general, the market shall determine rates for
fees and charges and the price of merchandise sold. The City shall post and at all times keep
on public display the prices, rates, and charges for all goods and services, as well as the
acceptable forms of payment.
4. Term.
A. Effective Date. The effective date of this Agreement will be the date of full execution of
the Parties (the “Effective Date”).
B. Term. Term of this Agreement will be from the Effective Date for twenty (20) years.
C. Renewal Option. Provided City is not in violation of this Agreement, this Agreement may
be renewed for up to four (4) additional terms of five (5) years each upon thirty (30) days
written notice to renew prior to the end of the Term or the renewal term, as the case may
be. The County shall not be liable to the City or any of its officers, employees, agents, or
contractors at law or in equity for not entering into a renewal term.
D. Should the City holdover after the expiration of any Term or renewal term, such holdover
shall be on a month-to-month basis with all terms and conditions of this Agreement to
continue in full force and effect.
5. Accounting and Fees.
A. The City shall be responsible for costs associated with operating the Complex, including
all utilities, except for the water.
B. Water fees (based on Central Arizona Project water rates) may be prorated at the sole
discretion of the County. If the County sends an invoice for water, it will be due no later
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than thirty (30) days from the invoice date. Should the due date fall on a Saturday, Sunday,
or legal holiday, then the due date shall be at the close of business on the first day thereafter,
which is not a Saturday, Sunday, or legal holiday. Invoices shall be delivered to the City
of Buckeye, ATTN: Finance Department, 530 E Monroe Avenue, Buckeye, Arizona,
85326, with specific reference to this Agreement including, if applicable, the contract-
number.
6. Default. Each of the terms in this Agreement is considered material, and failure to perform
any of them shall constitute a breach of this Agreement. Either Party shall have the right to
terminate this Agreement if the other Party does not cure any terms in default within ninety
(90) days of receipt of a written notice thereof. Notwithstanding the foregoing, if the nature of
the breach cannot be cured within said ninety (90) day period, the noticing Party shall not have
the right to terminate this Agreement if the other Party commences the cure within the ninety
(90) period and diligently pursues the cure to completion thereafter. Upon the occurrence of
any default and at any time thereafter, either Party may, but shall not be required to, exercise
any remedies now or hereafter available to such Party at law or in equity.
Upon expiration or early termination of this Agreement, County may enter and take possession
of the Complex and eject all parties in possession, or eject some and not others, or eject none;
or in the alternative, (ii) the County may at the City’s sole cost, and expense (1) demolish
and/or remove all, or a portion of, improvements on the Complex and return the property, or a
portion of the property, to a condition as similar as possible to the condition of the property at
the time of execution of this Agreement; and/or (2) remove all personal property, trade fixtures,
equipment, and inventory owned by the City and repair any damage caused to the Complex as
a result of the removal of built-in fixtures; and/or (3) remove all garbage and debris, to include
inoperable or obsolete equipment, from the Complex, all by the date(s) specified by the
County.
7. Conflict of Interest. This Agreement is subject to cancellation pursuant to A.R.S. §38-511
provisions.
8. Indemnification and Insurance.
A. Indemnification.
(1) In addition to the indemnification provisions provided for elsewhere in this Agreement,
the City shall indemnify and hold harmless the County, its departments, agencies,
officers, and employees, from and against all claims, demands, judgments, actions,
settlements, liens, penalties, damages, losses, injuries, costs and expenses, including
attorneys’ fees and court costs, in connection with the use and operation of the Complex
or, arising out of or in any way caused by or related to any activity, condition or event
arising out of the performance or nonperformance of the provisions of this Agreement,
except to the extent caused by the gross negligence or willful misconduct of the County
or any of its departments, agencies, officers, employees or agents.
(2) Neither the City nor any of its contractors or subcontractors shall have any authority to
create any lien against the County or property of the County for labor, materials, or
services furnished by the City, its contractors, or subcontractors. If, because of any act
or omission (or alleged act or omission) of the City, any mechanic’s, materialmen, or
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other lien, charge, or order for the payment of money shall be filed or recorded against
the County or property of the County (whether or not such lien, charge or order is valid
or enforceable as such), the City shall immediately notify the County. The City will,
at its own expense, cause the same to be canceled and discharged of record within thirty
(30) days after the City has received notice of the filing thereof, or the City may, within
said period of time, furnish to the County a bond satisfactory against said lien, charge
or order, in which case the City will have the right in good faith to contest the validity
or amount thereof.
(3) The City shall indemnify and hold harmless the County, its successors in interest, and
assigns from any liability, damage, expenses, costs or attorney(s’) fees incurred or
arising from any and all claims as a result of the consumption of food and/or beverage
sold by City or any of its agents, contractors, vendors, officers, employees, assigns,
designees or invitees due to the rights granted to the City pursuant to the terms of this
Agreement or as a result of any act or omission by the City or any of its agents,
contractors, vendors, officers, employees assigns, designees or invitees.
B. Insurance.
(1) The City shall maintain the following insurance coverage, see Exhibit Two, certificate
of insurance, attached hereto and incorporated herein by reference.
(2) The County and the Bureau of Land Management shall be named as “additional
insured” under all policies of insurance with the exception of Worker’s Compensation
policy. Copies of all insurance policies or certificates thereof shall be made available
to the County upon request. Copies of the Certificate of Insurance shall be furnished
annually to the County. The County shall be given thirty (30) days advance written
notice of cancellation of a policy, non-renewal, or change in coverage or limits.
(3) Property insurance shall be in an amount sufficient to rebuild the improvements in case
of a casualty loss, less only a commercially reasonable deductible amount. In the event
that the City files an insurance claim for the Complex, the City shall notify the
MCPRD’s Contract Administrator immediately upon any property insurance claim
submission. County shall be an “additional payee” pursuant to such policy. The City
will be entitled to receive and shall be obligated to apply insurance proceeds to repair
or reconstruct damaged improvements. Insurance proceeds shall be disbursed pursuant
to customary construction lending practices in the Phoenix, Arizona area, as such repair
and restoration are being made and subject to such procedures as the County may
reasonably require monitoring the application of such proceeds.
(4) The City assumes all risk of loss and shall be responsible for any and all losses to the
Complex and all improvements acquired or developed within the Complex after the
Effective Date. The loss to the Complex may result from but is not limited to, theft,
vandalism, fire and any fire-fighting activities (including prescribed burns), floods,
droughts, landslides, rising waters, winds, falling limbs or trees, and acts of God. If,
prior to commencement of, or during, the Term or Renewal Term of this Agreement,
any property, real or personal, under the control of the City or any buildings or
improvements or such fixtures or equipment on, below, above, or appurtenant to the
Complex at the commencement of the Term or Renewal Term or hereafter erected,
installed or placed thereon shall be destroyed or damaged in whole or in part by any
cause except condemnation, the City will notify the County immediately. The City will
immediately secure the area to prevent injury, vandalism, or further damage to persons,
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improvements, and contents thereof and direct its insurer to make any payment to the
appropriate Party.
(5) If the destroyed or damaged buildings, improvements, fixtures, or equipment under the
control of the City are capable of restoration, in the reasonable judgment of the County
and City, this Agreement shall continue in full force and effect, except that established
fees payable to the County by the City, to the extent not covered by insurance, shall be
abated to the extent that the damage or restoration interferes with the City’s operations.
The City agrees to cooperate in determining the abatement or other relief to be provided
by furnishing all information requested relative to its operations, permitting
examination, and audit of all accounting records kept in connection with the conduct
thereof. The abatement of fees may be negotiated in relation to the percentage of
damage. Fee abatement(s) may be granted for not more than one hundred eighty (180)
calendar days. The City will apply for all permits required to restore damaged
improvements and complete restorations within a date mutually agreeable to the Parties
as soon after the damage as reasonably possible. Should such damage or destruction
occur within thirty-six (36) months of this Agreement’s scheduled Term date or
Renewal Term, or if the damage destroys in excess of fifty percent (50%) of the
appraised value of the Complex on the date of loss (as determined by an independent
appraiser), then the City or the County shall have the option to terminate this
Agreement in whole or in part. If this Agreement is terminated pursuant to this
provision, any insurance proceeds shall be applied first to remove any damaged or
destroyed improvements and second to pay any loans to the City secured by its interest
in this Agreement or any property covered hereby. The balance of the proceeds shall
be divided by the County and the City in equal proportions.
(6) The City assumes all risk of loss and shall be responsible for any and all losses to the
City’s property within the Complex. Such loss to the City’s property may result from,
but is not limited to, theft, vandalism, fire, and any fire-fighting activities (including
prescribed burns), landslides, rising waters, winds, falling limbs or trees, and acts of
God.
(7) Subject to the approval of the City’s insurer, the Arizona Municipal Risk Retention
Pool, a Waiver of Subrogation/recovery against the County shall be included in all
policies. City will make reasonably diligent efforts to request that the Waiver be
included in all applicable policies.
(8) The County reserves the right to revise the minimum required limits of insurance during
the term of this Agreement, provided the changes are consistent with market conditions,
prudent business judgment, and industry standards.
9. Compliance.
A. The City shall obtain all required licenses and permits and comply with all applicable local,
federal, state, county, and city statutes, laws, regulations, rules, and ordinances. Provided,
however, that the following Maricopa County Parks and Recreation Park Rules shall not
apply to the City during the term of this Agreement: R-102 Special Use Permits, Fees and
Approvals; R-107(1) regarding operating motorized vehicles; R-112(1) regarding issuance
of a department permit for camping; R-114(2) through (4) regarding special use permits;
and R-116(2) regarding operation of engine powered models or toys. Maricopa County
Parks and Recreation Park Rules are attached hereto as Exhibit Three.
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B. City shall not discriminate against any employee or applicant for employment because of
race, age, handicap, disability, color, religion, sex, sexual orientation, or national origin.
The City shall comply with Title VI and Title VII of the Federal Civil Rights Act; the
Federal Rehabilitation Act; the Age Discrimination in Employment Act; the Americans
with Disabilities Act of 1990, A.R.S. §41-1461 et. seq., A.R.S. §41-1492 et. seq., 29 U.S.C.
§721 (Section 504), and Arizona Executive Order 75-5 which mandates that all persons
shall have equal access to employment opportunities.
C. The City agrees to comply with the I.R.C.A. and Arizona statutes, in the performance of
this Agreement and, upon request, permit the County to inspect personnel records
necessary to verify such compliance.
D. The City, for itself and all subcontractors, if any, warrants full compliance with all federal
immigration laws and regulations that relate to their employees, and their compliance with
A.R.S. §23-214 et seq. A breach of this warranty shall be deemed a material breach of this
Agreement that is subject to penalties up to and including termination of this Agreement.
The County retains the right to inspect the papers of City or sub-contractor’s employee(s)
who work on the Complex to ensure that the City or sub-contractor is complying with the
warranty provided above. The City shall make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an
inspection. Nothing herein shall make any City or sub-contractor an agent or employee of
the County.
E. The City warrants that it is in compliance with verification of employment eligibility and
E-Verify Program.
F. To the extent applicable under A.R.S. § 35-393.01, City certifies it is not currently engaged
in, and for the duration of this Agreement agrees not to engage in, a boycott of Israel as
defined in A.R.S. § 35-393.
10. System Closure. In the event of an emergency evacuation or an emergency closure of the
Park, the City will be required to take direction from the MCPRD. The County will not be
liable for any loss or damage to the City’s property.
11. Taxes. The City shall pay taxes of whatever character may be levied or charged upon the
City’s rights and operations under this Agreement.
12. County’s Covenants, Representations, and Warranties. To County’s present knowledge,
with respect to the Complex’s development envelope (roadways, parking lot, ranges, and trap
and skeet area) (“Complex Development”): (1) there has been no production, disposal, or
storage on the Complex of any hazardous waste or other toxic or radioactive substance or
matter by County, nor has County received any actual notices of any violation of hazardous
waste statutes or regulations, and there is no proceeding or inquiry by any authority with
respect thereto, nor has County received any notice of any violation of the above-mentioned
statutes or regulations or any information which would constitute or lead to a violation thereof;
(2) there are no habitat, wetlands, jurisdictional waters or archaeological sites located on the
Complex Development; (3) no portion of the Complex Development is now being or has ever
been used for the discharge or disposal of a pollutant or waste, for the treatment or disposal of
refuse or sewage or for the operation of any underground storage tanks; (4) there are no wells,
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well sites, tanks (underground storage or otherwise), or buried trash pits on the Complex
Development.
13. Notices, Current Addresses, and Points-of-Contact. All notices required under this
Agreement shall be in writing and given by email delivery and read receipt, or United States
Post Office certified mail, return receipt requested, or by commercial courier served with a
receipt, or by hand delivery, to each Party’s following address, or such other address as either
Party may notify the other in writing as provided herein. Any such notice shall be considered
served when communication is received and signed for, or delivery is refused or returned to
sender as unclaimed.
For the County:
Maricopa County Parks & Recreation Department
Attn: Director
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: jennifer.waller@maricopa.gov
Phone: (602) 506-9511
For the City:
City of Buckeye
Attn: City Manager
530 E. Monroe Avenue
Buckeye, AZ 85326
Email: dcotterman@buckeyeaz.gov
Phone: (623) 349-6991
With a copy to:
Attn: City Attorney’s Office
K. Scott McCoy, City Attorney
530 E. Monroe Avenue
Buckeye, AZ 85326
Email: smccoy@buckeyaz.gov
Phone: (623) 349-6982
14. Waiver. The waiver by either Party of any breach of any one or more of the covenants,
conditions, or provisions of this Agreement shall not be construed to be a waiver of any
subsequent or other breach of said covenants, conditions, or provisions of this Agreement. Any
failure on the part of either Party to require or exact full and complete compliance with any of
the covenants, conditions, or provisions of the Agreement shall not be construed to, in any
manner, change the terms hereof or preclude such Party from enforcing the full provisions of
this Agreement.
15. No Boycott of Israel. To the extent applicable under A.R.S. § 35-393 through § 35-393.03,
the Parties hereby certify that they are not currently engaged in and agree for the duration of
this Agreement to not engage in, a “boycott” of goods or services from Israel, as that term is
defined in A.R.S. § 35-393(1).
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16. Severability/Validity. If any provision of this Agreement is determined to be invalid, void,
or illegal, then such determination shall not affect, impair, or invalidate any other provision
hereof, the remaining provisions shall remain in full force and effect, and the Parties shall use
their commercially reasonable efforts to restate the invalid provision to the end that it complies
with applicable laws.
17. Consents and Approvals. The Parties agree to act in good faith and with fair dealing with
one another in the execution, performance and implementation of the terms and provisions of
this Agreement. Whenever the consent, approval, or other action of a Party is required under
any provision of this Agreement, such consent, approval, or other action shall not be
unreasonably withheld, delayed, or conditioned by a Party unless the provision in question
expressly authorizes such Party to withhold or deny consent or approval or decline to take
action in accordance with a different standard.
18. Agreement Subject to Appropriation. Any provisions of this Agreement which require the
either Party to expend funds shall be effective when funds are appropriated for this Agreement
and are actually available for payment. Each Party shall be the sole judge and authority in
determining the availability of funds under this Agreement and shall keep the other Party fully
informed as to the availability of funds for this Agreement. Any obligation of the City or
County under this Agreement is a current expense and payable exclusively from annual
appropriations and not a general obligation or indebtedness of the City or County, respectively.
If the City Council or the Board of Supervisors fails to appropriate money sufficient to fund
obligations set forth in this Agreement, this Agreement shall terminate at the end of the then-
current fiscal year, and the City and the County shall be relieved of any subsequent obligation
under this Agreement.
19. Entire Agreement; Modification. This Agreement, together with any supplemental
provisions attached hereto, constitutes the entire agreement between the Parties and sets forth
all of the covenants, promises, agreements, conditions, or understandings, either oral or
written, between the City and the County and those agreements that are executed
contemporaneously herewith. This Agreement shall be construed as a whole and in accordance
with its fair meaning and without regard to any presumption or other rule requiring
construction against the party drafting this Agreement. This Agreement cannot be modified or
changed except by a written instrument executed by the City and the County. The City and
the County have reviewed this Agreement and have had the opportunity to have it reviewed by
legal counsel.
20. Attorneys’ Fees. If any suit or action is commenced to enforce compliance with any term,
covenant, or condition of this Agreement, including any action undertaken in the context of
bankruptcy proceedings, the Party not prevailing shall pay to the prevailing Party a sum which
the trial judge determines is reasonable as attorneys’ fees to be allowed in the suit or action
and court costs, and if appeal is taken from any judgment or decree in the suit or action, the
Party not prevailing on the appeal shall pay to the prevailing Party such further sum as the
appellate court shall adjudge reasonable as attorneys’ fees on appeal, and court costs.
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21. Force Majeure. The occurrence of any of the following events shall excuse the performance
of such obligations of a Party as are rendered impossible or reasonably impracticable to
perform while such continues strikes; lockouts; acts of God; inability to get materials;
governmental restrictions; enemy or hostile governmental action; fire or other casualty; and
other causes beyond the reasonable control of the Party obligated to perform (all events of
“Force Majeure”).
22. Authority.
A. City, upon execution of this Agreement, shall simultaneously provide proof of authority to
execute the Agreement. Each Party covenants and warrants to the other Party that (a) it is
duly authorized to execute this Agreement and (b) the execution of this Agreement has
been duly authorized by the applicable Party.
B. The Assistant County Manager of the Maricopa County or MCPRD Director or his/her
delegee shall administer this Agreement, including execution of documents necessary to
administer this Agreement.
23. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same
instrument. Electronic signatures shall have the same force and effect as original signatures.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by its duly
authorized representatives.
MARICOPA COUNTY
____________________________________
Chairman
Date
Board of Supervisors
ATTEST
____________________________________
Clerk of the Board
Date
Approved as to Form:
____________________________________
Deputy County Attorney
Date
CITY OF BUCKEYE:
____________________________________
Signature
Date
By:
Printed Name
Its:
Title
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Exhibit One
GENERAL JOE FOSS SHOOTING COMPLEX
AT BUCKEYE HILLS REGIONAL PARK
Buckeye Hills / Estrella Mountain Regional Park
Phone: 602-506-2930 Ext. 6
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Exhibit Two
Certificate of Insurance
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Exhibit Three
MARICOPA COUNTY PARKS AND RECREATION
PARK RULES
Adopted August 13, 2003 by the Maricopa County Board of Supervisors
Revised January 13, 2016 by the Maricopa County Board of Supervisors
R-101 DEFINITIONS
The following definitions shall determine meanings for certain facilities, objects, entities or activities.
1. “Abandoned Vehicle” means any vehicle, boat, trailer, or structure, which shows evidence of being left unattended for a period of 48 hours
unless displaying an official permit indicating a stay in excess of 48 hours.
2. “Aircraft” means a structure or device for navigation of the air that is supported either by its own buoyancy or by the dynamic action of the air
against its surface.
3. “Camping” means erecting a tent or shelter or arranging bedding, or both, for the purpose of, or in such a way as will permit, overnight use; or
parking a trailer camper or other vehicle for the purpose of remaining overnight.
4. “Commission” means the Maricopa County Parks and Recreation Commission.
5. “County” means Maricopa County.
6. “Department” means the Maricopa County Parks and Recreation Department.
7. “Loudspeaker or public address system” means a device to amplify or direct sound.
8. “Maricopa County Park(s)” means any land or areas under the control of the Maricopa County Board of Supervisors which has been
designated as a Park, Recreation Area or Conservation Area.
9. “Roads” means the entire width between the boundary lines of every way when any part thereof is open, kept or maintained for use by the
public for purposes of vehicular travel.
10. “Special Use Permit” means commercial or non-commercial permits issued by the Department for activities outside a park’s activity design
or which excludes the general public or for which there is monetary gain.
11. “Swimming” means to propel one’s self in water by natural means; consequently aquatic activities including the full or partial use of inner
tubes, air mattresses or personal support devices.
12. “Designated Trail” means an authorized recreational trail designed, constructed, and maintained according to standards within the county
manual; it is within Maricopa County Parks’ boundaries and has been included in the Maricopa County Park trail system inventory.
R-102 SPECIAL USE PERMITS, FEES AND APPROVALS
1. Special Use Permits shall be required for eligible non-profit, government or private, as well as commercial uses.
2. For eligible non-profit uses, a Special Use Permit is required of any person or group for any activity outside each park’s activity design, or for
the use of specific park areas that require the exclusion of general public usage.
3. A Special Use Permit shall also be obtained in advance by any person or group wishing to use a Maricopa County Park for eligible
commercial uses.
4. Park Impact Fees for Special Use Permits shall be negotiated by the Department based on the expenses related to the administration of the
activity, protection of the park and visitors, and in accordance with established fee schedules when applicable.
5. The Department may require commercial applicants to enter into an agreement with the County for a negotiated percentage of gross receipts
not to exceed twenty (20) percent.
6. The Department may require the permittee to post a deposit against damage and clean-up expense, provide a certificate of insurance naming
the department as additionally insured, and/or provide for adequate medical, sanitary and security services.
7. A performance and payment bond may be required from any permitee who is providing a service that was solicited to provide any event or
activity sponsored by the department.
8. The Department may impose conditions on the conduct of any activity, which are necessary to protect the area and maintain its availability as
a public park.
9. A Special Use Permit is not required for any person operating under the provisions of a valid special use or commercial management
concessions agreement with the department.
10. Special Use Permit applications, which are compatible with the management objectives of the individual park, may be refused for health and
safety reasons or to protect the park from significant damages. With respect to competing non-profit uses, the use of park space shall be granted
on a first-come, first-served basis. With respect to competing commercial uses, informal Proposals shall be solicited and the Special Use Permit
awarded to that City which offers to provide the County with the highest potential revenue and/or best recreational value to park patrons,
provided the City does not have a poor performance history on any prior permits.
11. All persons entering a park under a Special Use Permit are subject to all entrance and/or use fees, and all rules and regulations concerning
park resource and facility use. The total amount of entrance fees owed by persons entering a park under a Special Use Permit, may be calculated
in advance and paid in accordance with terms negotiated as part of the Special Use Permit.
12. A decision by the Department concerning any Special Use Permit may be appealed to the Commission.
13. Applications for Special Use Permits may be obtained from an authorized representative of the Department.
R-103 VIOLATIONS AND PENALITIES
1. Any person who violates any of these rules shall be guilty of a Class 2 misdemeanor.
2. Any person who violates any of these rules may also be evicted for failure to comply.
THE FOLLOWING ACTS ARE PROHIBITED IN MARICOPA COUNTY PARKS:
R-104 ENTRY, USE, OCCUPANCY, FEES
1. Entering, using, or occupying of a Maricopa County Park or its facilities, designated trails or waterways under the supervision and control of
the Department for any purpose when said parks or areas are posted against such entrance, use, occupancy or where barriers exist.
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2. Entering upon or using for any purpose, the land, water or facilities within the boundaries of Maricopa County Parks when a fee, rental,
admission or other consideration has been established for such land, water or facilities, unless the person entering or using such land, water or
facility has paid said fee, rental, admission or other consideration.
R-105 ANIMALS AND PETS
1. Riding, permitting or allowing livestock, saddle, pack, or draft animals except on designated trails or areas under special permit issued by the
Department or by special provisions of a use management agreement.
2. Possessing, allowing or permitting a dog and/or other pets in a Maricopa County Park, unless the same shall be under immediate control on a
leash not exceeding 6 feet in length, except the leash requirement shall not apply to dogs while being used in hunting, or in field trials, or while
being trained, when upon lands open to such uses and it does not interfere with other park activities.
3. Possessing, allowing or permitting a dog in a Maricopa County Park without a current dog license.
4. Allowing dogs or other pets, other than seeing-eye or hearing guide dogs, within the confines of public park buildings.
5. Allowing dogs and/or other animals to create a nuisance, noise or disturbance in any area.
6. Failure of owners of pets to properly remove and dispose of any waste.
7. Scattering and/or depositing the ashes of any animal.
R-106 DISCHARGE OF FIREARMS, HUNTING AND TRAPPING
1. Except as provided by state law, discharging a firearm, shooting with bow and arrow, or setting traps except in locations provided for that
purpose and as permitted by Arizona Game and Fish rules.
R-107 MOTOR VEHICLES AND BICYCLES
1. Operating any motorized vehicle except on roads and parking areas designated by the Department for such purpose.
2. Abandoning any vehicle in any area of a Maricopa County Park. Vehicles violating this section may be towed at the owner’s expense.
3. Parking a motor vehicle or trailer or other device towed by a motor vehicle in such a manner whereby roads, parking areas or other traffic
ways or traffic are blocked or otherwise impeded. Vehicles violating this section may be towed at the owner’s expense if such violation
constitutes blockage of any emergency lane or otherwise interferes with park operations.
4. Operating a bicycle in a careless or reckless manner, or in disregard of the safety of any person or property.
5. Utilizing bike ramps in non-designated areas.
6. Operating, without permission from the County, any motorized skateboard, motorized scooter, moped or like device.
R-108 WATERCRAFT AND SWIMMING
1. Bringing into, or operating any watercraft upon any body of water, except at such places and in such manner as designated for such use or
purpose by the Department.
2. Storing or leaving any watercraft without first obtaining a permit issued by the Department or its authorized City.
3. Swimming in areas posted against such use.
4. Cliff jumping.
R-109 VANDALISM
1. Destroying, damaging, or removing any tree, shrub, wildflower, cactus, or any other vegetation, or any other vegetative product or by-products
without first obtaining a written permit from the Department.
2. Destroying, damaging, defacing or removing any County property or property administered by the Department.
R-110 LITTERING
1. Depositing or abandoning garbage, sewage, refuse, trash, waste, or other obnoxious material, except in receptacles or containers provided for
such purposes.
2. Throwing or breaking any glass, plastic or ceramic object leaving shards or other fragments on park property.
R-111 PUBLIC BEHAVIOR
1. Conducting one’s self in a disorderly or intoxicated manner, or using threatening, abusive, or boisterous or insulting language, or conducting
or participating in a disorderly assembly, or to solicit for any purpose.
2. Engaging in noisy conduct, operating generators or motors, operating radios, or otherwise making loud or disturbing noises that may disturb
the peace of the area between the hours of 10:00 p.m. and 6:00 a.m.
3. Public urination or public defecation.
4. Engaging in noisy conduct that disturbs the peace.
R-112 CAMPING
1. Camping without first obtaining a written permit issued by the Department
2. Failure to obey all written or posted camping regulations.
R-113 FIRES
1. Building fires except in designated places.
2. Building fires in any area posted against such use.
3. Building wood or charcoal fires at any time posted against such activity (during fire ban).
4. Use of gas or propane stove or grills when use is prohibited (during extreme fire ban).
5. Abandoning any fire without completely extinguishing it.
6. Allowing a fire to escape from control.