RESOLUTION NO. R

Transcription

1 RESOLUTION NO. R A RESOLUTION OF THE COUNCIL OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY TO TRANSFER THE CONTROL OF TWENTY (20) ACRES OF BLM LAND KNOWN AS THE RODEO GROUND; AND TO MAKE APPLICATION TO THE BLM FOR TRANSFER OF THE LEASE AND/OR THE ISSUANCE OF A PATENT FOR SAID ACRES. WHEREAS, the United States of America, Department of Interior Bureau of Land Management did on December 21, 1982 issue a lease numbered A17005 to the Maricopa County Board of Supervisors for 170 acres of real property in Section 35 of Township 6 North, Range 3 East Gila and Salt River Basin Meridian (GSRBM) Maricopa County, Arizona; WHEREAS, the lease called for the area to be used as a county recreational park and was to run for a period of twenty-five (25) years; WHEREAS, the County of Maricopa in conjunction with a private organization has developed a portion of the recreational park in to an area commonly known as the Rodeo Grounds; WHEREAS, it is the desire of Maricopa County and the Town of Cave Creek that a ten (10) acre parcel known as the Rodeo Grounds together with an additional ten (10) acre parcel to be used for parking and/or possible expansion be transferred from the care and control of Maricopa County to the Town of Cave Creek; and WHEREAS, the parties wish to execute an Intergovernmental Agreement setting forth the respective obligations of the parties to one another and to jointly petition the United States Department of the Interior Bureau of Land Management for a transfer of the lease and or fee to said twenty (20) acres from the federal government to the Town. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Town of Cave Creek, Arizona, as follows: Section 1. That the Mayor, Town Manager, Town Clerk and Town Attorney be authorized and directed to execute an Intergovernmental Agreement with Maricopa County for the transfer of control of and maintenance and obligation for a twenty (20) acre parcel of land depicted on the map as Exhibit A and described legally on Exhibit B, both of which are attached to this resolution.

2 Section 2. That the Mayor, Town Manager, Town Clerk and Town Attorney are hereby authorized and directed to do all acts, sign all documents and pay all fees necessary for an application to the Bureau of Land Management for transfer of control and or ownership of the twenty (20) acres from BLM to the Town pursuant to the provisions of the Federal Recreation and Public Purpose Act. ADOPTED AND APPROVED by the Mayor and Council of the Town of Cave Creek this,3 day of No'tW t4, Vincent Ffancia, Mayor ATTEST: APPROVED AS TO FORM: V-a^'? r%^ Mariscal, Weeks, McIntyre & Friedlander, P.A. Town Attorneys

3 J CLERK OF THE BOARD BASKET PICK UP INTERGOVERNMENTAL AGREEMENT OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL /25/04 15:39 2 OF 14 OELR05SON BETWEEN MARICOPA COUNTY AND THE TOWN OF CAVE CREEK FOR THE SUB LEASE OF TWENTY (20) ACRES OF REAL PROPERTY FROM THE COUNTY TO THE TOWN FOR RECREATIONAL PURPOSES AS PART OF THE CAVE CREEK RECREATION AREA. C pro- OL^ 0W This agreement by and between the County of Maricopa, a body politic acting through the Maricopa County Parks and Recreation Department and the Town of Cave Creek, a municipal corporation of the State of Arizona, acting through its Mayor and Council. This Agreement shall become effective as of the date it is filed with the Maricopa County Recorder pursuant to Arizona Revised Statutes Section et. seq. STATUTORY AUTHORIZATION 1. The County is empowered by Arizona Revised Statutes Sections and to operate a Parks and Recreation Department and specifically under to have cooperative agreements between governing bodies. The Town of Cave Creek enters into Intergovernmental Agreements and establishes a Parks and Recreation Department through the authority of Title 9 of the Arizona Revised Statutes and the Town Code. DURATION 2. The parties hereto intend to have this Agreement remain in full force and effect for five (5) years or until such times as the United States Government has transferred ownership of the subject property of this Agreement to the Town of Cave Creek. The parties further agree that if and in the event that the Agreement exceeds five (5) years then both the Board of Supervisors and the Town Council shall approve the extension of said Agreement by appropriate action. BACKGROUND 3. The purpose of this Intergovernmental Agreement is to sub lease - from Maricopa County to the Town twenty (20) acres of a one hundred seventy Page 1 of 4

4 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE TOWN OF CAVE CREEK FOR THE SUB LEASE OF TWENTY ( 20) ACRES OF REAL PROPERTY FROM THE COUNTY TO THE TOWN FOR RECREATIONAL PURPOSES AS PART OF THE CAVE CREEK RECREATION AREA. C.-w04-01,0 This agreement by and between the County of Maricopa, a body politic acting through the Maricopa County Parks and Recreation Department and the Town of Cave Creek, a municipal corporation of the State of Arizona, acting through its Mayor and Council. This Agreement shall become effective as of the date it is filed with the Maricopa County Recorder pursuant to Arizona Revised Statutes Section et. seq. STATUTORY AUTHORIZATION 1. The County is empowered by Arizona Revised Statutes Sections and to operate a Parks and Recreation Department and specifically under to have cooperative agreements between governing bodies. The Town of Cave Creek enters into Intergovernmental Agreements and establishes a Parks and Recreation Department through the authority of Title 9 of the Arizona Revised Statutes and the Town Code. DURATION 2. The parties hereto intend to have this Agreement remain in full force and effect for five (5) years or until such times as the United States Government has transferred ownership of the subject property of this Agreement to the Town of Cave Creek. The parties further agree that if and in the event that the Agreement exceeds five (5) years then both the Board of Supervisors and the Town Council shall approve the extension of said Agreement by appropriate action. BACKGROUND 3. The purpose of this Intergovernmental Agreement is to sub lease - from Maricopa County to the Town twenty (20) acres of a one hundred seventy Page 1 of 4

5 (170) acre parcel currently lease to the County by the BLM. The twenty (20) acres is commonly known as the "Rodeo Grounds and Adjacent Parking" and the one hundred seventy (170) acre parcel is commonly known as the "Cave Creek Recreation Area". A legal description of the property to be sub leased and a map depicting the property to be sub leased are attached as exhibits to this Agreement. The County has acquired the property pursuant to a land lease from the Bureau of Land Management (hereinafter BLM). The lease of the entire one hundred seventy (170) acres was for twenty-five (25) years and will expire in The Town of Cave Creek has indicated a desire and willingness to accept the sub lease including the maintenance and insurance of the subject property and to relieve Maricopa County and its Parks and Recreation Department from any and all liability and responsibility except as to BLM in connection with the operation of the Rodeo Grounds and Adjacent Parking. Finally, the Parties have agreed that the Town of Cave Creek shall make application to the BLM for a new lease or in the alternative a patent for the twenty (20) acres. 4. Maricopa County agrees to: 4.1 Sub lease by operation of this Intergovernmental Agreement the twenty (20) acres from the County to the Town for the remainder of the County lease term. Any transfer of the actual property or the rights to the property are subject to BLM and the Maricopa County Parks Land Disposal policy. 4.2 Assist the Town by providing any signatures or information required for an application to the BLM for a sub lease of its rights under Lease Al 7005 and to support the Town' s application for the issuance of a new lease and /or a patent for the twenty (20) acres of property described herein. At which time the provisions of the Park Land Disposal Policy will be followed. 5. The Town of Cave Creek agrees to: 5.1 Assume full responsibility for the care and maintenance of the twenty (20) acre parcel, including but not limited to providing insurance to hold harmless BLM and the County and to defend BLM and the County for any actions brought against them by reason of the negligence of the Town, its officers, agents, employees and invitees. 5.2 The Town shall agree to reserve up to twenty (20) days of use of the twenty (20) acres parcel by the County at no charge to the County. Ten (10) of said dates to be provided to the Town by the County annually during the month of December for the next following calendar year. An additional ten (10) dates may be reserved during the year with 45 days notice to the Town. Page 2 of 4

6 The Town agrees to comply with all of the applicable terms and conditions of the Lease from BLM to the County. MANNER OF FINANCING 6. The Town agrees that it shall make its best efforts to annually appropriate funds in an amount sufficient to carry out the terms and conditions of this Intergovernmental Agreement and that the failure on the part of the Town to appropriate in its annual budget process said funds shall be cause for termination of this Agreement and reversion of any interest in the property to Maricopa County. METHODS OF TERMINATION 7. This Agreement shall automatically expire five (5) years after its effective date, unless extended by the County or Town by ordinance resolution. Either party may terminate the Agreement at any time prior to the expiration of five (5) years without cause by serving written notice on the other party one hundred eighty (180) days prior to the effective termination date. GENERAL TERMS AND CONDITIONS 8. This Agreement is subject to the terms and provisions of Arizona Revised Statutes Section et.seq. 9. This Agreement shall not be construed to imply authority to perform any tasks, or accept any responsibility, not expressly set forth herein. 10. This Agreement shall not be modified or extended except by written instrument adopted in accordance with the requirements for adopting an amendment or a new agreement. 11. This Agreement does not affect any of the remainder of the subject property under the control of Maricopa County by the Town of Cave Creek. 12. Nothing in this Agreement shall relieve either the County or the Town from any obligation or responsibility imposed upon it by law. 13. The parties agree and understand that the Town may acquire an easement necessary for the Town for the purposes of accessing the sub leased twenty (20) acres. MARICOPA COUNTY TOWN OF CAVE CREEK Recommended by: Recommended by: U.i :2; ^^ Page 3 of 4

7 Parks and Recreation Date Town Manager Director Date Approved and Accepted: Approved and Accepted: By: By: Chairman, Boar of Supervisors Mayor, Towa-cS Cave Creek Attest: Attest: DEMJT k of the Board O ate By: APPROVAL OF COUNTY AND TOWN COUNSEL I hereby state that I have reviewed the proposed Intergovernmental Agreement, between the County of Maricopa, and the Town of Cave Creek, and declare the agreement to be in proper form and within the powers and authority granted to their respective governing bodies under the laws of the State of Arizona. Deputy County Counsel Date: Town Attorney Date: /A.-ft finja-o"jfa Approvedky the Town Council at. their meeting held ont s, e Uree 003-/7 Page 4 of 4

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11 EXHIBIT B A parcel consisting of approximate 20 acres described as follows: The Southwest Quarter of the Southwest Quarter of the Northeast Quarter; And the West Half of the East half of the Northwest Quarter of the Southeast Quarter of Section 35 'of Township 6 North, Range 3 East, G&SRB&M, Maricopa County, Arizona T( c'j m u,c T vui I \1-I IT.77T rnn^ n'7 I'r