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HomeMy WebLinkAboutProperty - Acquisitions - 902 95 Transfer of Dennis Weaver Park from Pima County (Now Known as James D. Kriegh Park) RESOLUTION NO. (R)95-02 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY, TRANSFERRING DENNIS WEAVER PARK AND CERTAIN PERSONAL PROPERTY FROM PIMA COUNTY TO THE TOWN OF ORO VALLEY. WHEREAS, The Town of Oro Valley and Pima County have agreed that Dennis Weaver Park shall be conveyed from the County to the Town, and WHEREAS, the Town has agreed to accept Dennis Weaver Park and continue operating the property as a public park; NOW, THEREFORE, it is hereby resolved by the Mayor and Common Council of the Town of Oro Valley, Arizona that the attached intergovernmental agreement is approved and that the Mayor is authorized to execute the same on behalf of the Town; the Mayor is further authorized to execute all other documents which may be necessary to carry out the purposes of the said intergovernmental agreement, including any documents of title. PASSED, ADOPTED AND APPROVED this 11th day of January, 1995. Richard Parker, Mayor Town of Oro Valley ATTEST: / (i,‘‘ Kathry Cuvelier, Town Clerk APPROVED AS TO FORM-- f I 72,/,// Tobin-Sidles, Town Attorney F. ANN RODRIGUEZ,, ECORDER09 ��.�K�:..T a 9958��; RECORDED :;Y: GIM (474' - or _ 576 DEPUTY RECORDER NO. OAGES: 10 2721 RD12 / SEQUENCE: 01/12/95 PIMA co PARKS & RECREATION PICKUP TUCSON AZ 85701 AMOUNT PAID $ 5.50 RESOLUTION NO. 1995-19 Resolution of the Pima County Board of Supervisors approving an g intergovernmental agreement between Pima County and the Town of Oro Valley, g transferring Dennis Weaver Park and certain personal property from the County to the Town. WHEREAS, Pima County and the Town of Oro Valley have agreed that Dennis Weaver Park shall be conveyed from the County to the Town, and; WHEREAS, the Town will operate the premises as a public park; NOW, THEREFORE, it is hereby resolved by the Board of Supervisors of Pima County, Arizona that the attached intergovernmental agreement is approved and the Chairman of the Pima County Board of Supervisors is authorized to execute same in behalf of Pima County; the Chairman of the Board of Supervisors of Pima County is further authorized to execute all other documents which may be necessary to carry out the Pur of the said intergovernmental agreement, including documents of title. Poses g PASSED, ADOPTED AND APPROVED this Qhday of January, 1995. Paz.a. Paul Marsh JAN 1 TQP5 Chairman, Pima County Board of Supervisors ATTEST: O. a • Williams Pi. a County Clerk of the Board of Supervisors APPROVED AS TO FORM: ,,� r '//74/1/7, , y ,� Michael P. Callahan Deputy County Attorney 9958 576 CONTRACTJ (Li!, 77s-o _,15_5- A7,111iD=M E'.T This number must par on n;' invoicO.;S, �ti_/ �•-"ter? n•. r 1Q L. i INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY TRANSFERRING MANAGEMENT OWNERSHIP AND CONTROL OF DENNIS WEAVER PARK FROM THE COUNTY TO THE TOWN WHEREAS, Dennis Weaver Park "the Park") is owned by the County and operated as a public park, and WHEREAS, the Park is located inside the Town, and WHEREAS, thearties have determined, pursuant to A.R.S. 11-933 and A.R.S. p 11-952 to enter into a cooperative agreement for the ownership, control, maintenance and operation of the Park, all as hereinafter provided, NOW, THEREFORE, In consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. The Park - the Park consists of twenty (20) acres, more or less, described as lotsexcept 34 and 51, the south 15 feet of said lot 51, of Linda Vista Citrus Tracts No. ty 2, a subdivision in Pima County, Arizona, according to the map or plat thereof of record in the office of the Pima County Recorder in Book 6 of Maps and Plats at page 79. 2. Obligations of the Town - the Town will own, operate and maintain the Park for the use by resident of the Town and the County. The Town willP erpetually operate the Park as a public park for use by residents of the Town and the County. The Town acknowledges certain restrictions and limitations on the operation and use of the Park as a result of improvements funded by the United States Department of Interior. A description of these grants and the resultant improvements is attached P hereto as Exhibit A. The Town will use and operate the Park in compliance with all of these requirements. The Town acknowledges that approval of this agreement by the United States Department of Interior is required. The Town is responsible for Park compliance with the Americans with Disabilities Act. 9.9.58 5-7 Page 2 3. Obligations of the County - The County will convey title to the Park to the Town by execution of a deed in the form attached as Exhibit C. The County will share in the maintenance costs of the Park by payments totalling $200,000.00. The first payment will be $50,000.00 and will be made on January 31, 1995. The second payment will be $150,000.00 and will be made on July 15, 1995. The County will transfer all capital equipment, furniture and improvements (as set forth in Exhibit B to this agreement) to the Town. The County agrees rees to enclose access to the underground pool discharge vault prior to the effective date of this agreement. The method of enclosure will be accomplished according to reasonable safety standards. The County will not be responsible for the correction of any other conditions which may be discovered in or on the Park. The County transfers the Park to the Town AS IS, unless some other provision of this agreement provides otherwise. The County will survey the premises at its expense and, where necessary obtain easements or conveyances in the event of property encroachments. The County will Y provide technical assistance in Park operations for at least six (6) months. 4. Obligations of Both Parties - Each party to this agreement shall indemnify, defend and hold harmless the other party, its officers, departments, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, g g claims, demands and damages of any kind by third persons arising out of the maintenance or operation of the park which result from any act or omission of the indemnifying in party,, its agents,ents, employees, officers or anyone acting under its direction P or control, or on its behalf, whether intentional or negligent. This provision shall survive the expiration of this agreement. The failure of any party to insist in any one or more instances upon the full and complete performance of any of the terms or conditions of this Agreement by any P party to this Agreement, or to take any action as other g a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. The acceptance by any party of sums less than may actually be due and P owing to it at any time shall not be construed as an accord and satisfaction. The parties do not warrant their power or right to enter into this Agreement and if the same is determined to be null and void by court action initiated by third persons, there shall be no liability of any party to any other party by reason of such action or by reason of this Agreement. This Agreement is subject to the provisions of A.R.S. § 38-511. 9 9 5 8 5 7 8 0 Page 3 Due to the special nature of this Agreement, it is not assignable by any party to the Agreement without the written consent of all other parties to the Agreement. Thep Agreement to this A reement shall not discriminate against any individual in any way on account of such individual's race, color, religion, sex, age, handicap or national origin. Executive Order No. 75-5 of the State of Arizona is hereby incorporated into this Agreement by reference, as if set forth in full herein. ThepAgreement to this A reement shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those described within this Agreement. The laws and regulations of the State of Arizona shall govern parties,rights of the the performance of this Agreement and any disputes thereunder. Any action relating to this Agreement shall be brought in Arizona court. If anyprovision of this Agreement is held invalid or unenforceable, the remaining Agreement provisions shall continue valid and enforceable to the full extent permitted by law. Any changes in the governing overnin laws, rules and regulations during the term of this Agreement shall apply but do not require an amendment. This agreement will be effective when duly executed by each of the parties and filed with the Pima County Recorder. JAN 1 0 loos /-ii- ' Dated: y Dated: PIMAOUNTY/(1` )7(0.-J T; WN OF ORO VALLEY at , , v 4 ... c ,,1*/) 1/ ._..-- Chairman Mayor Pima County Board of Supervisors Town of Oro Valley alt 0 je'.' ( - I/- `)_5 �..���� � Dated. Dated: A i ST: ATTEST: 1 / , ( 4 s /C/2 V/ e.. z.c.i...,,t,2_,, AillItt A ..4,-4.........".441U-1.1 O • Willia .s Town of O o Valley Clerk , a County Clerk of the Board -' 9 9 5 8 5 7 9 Page 4 The undersigned, being attorneys for Pima County and the Town of Oro Valley certify that the foregoing intergovernmental agreement is in proper form and withen the powers of the County and the Town, all as provided in A.R.S. § 11-952. Ph s, ZIL4 Michael P. Callahan Tobin Sidles Attorney for Pima County Attorney for Town of Oro Valley 9958 580 EXHIBIT A SUMMARY of FACILITIES CONSTRUCTED at DENNIS WEAVER DISTRICT PARK using FEDERAL FUNDS United States Department of the Interior Bureau of Outdoor Recreation Land and Water Conservation Funds AMOUNT BOR Project No. 04-00g 232 Agreement dated 07/31/73 $132,425.00 Facilities: SwimmingPool,Wading Pool, Site Improvements, Landscaping, Fencing, Sewer, Restroom, Roadway, Parking, Well, Electrical System, Design and Engineering, Bathhouse, Irrigation, Drinking y , g Fountains, and a Ramada/Storage Room. Project Completed: December 31, 1975 BOR Project No. Q4-C103�9, Agreement dated 01/20/77 $66,000.00 Facilities: Irrigation and Turf, Lighted Handball Courts, Ball Field Backstops and Fencing. Project Completed: July 8, 1981 BOR Project No. - - Agreement reement dated 01/14/80 $50,000.00 Facilities: Installation of Lights on Existing Fields, i.e., 4 Little League and 2 Football/Soccer Fields. Project Completed: December 31, 1984 Total $248,425.00 CONTINUING CONDITIONS OF THESE AGREEMENTS 1. Operate and maintain the facilities developed with Federal funds for the benefit of the general public. 2. Obtain approval from Arizona State Parks before altering any of these developed properties or facilities. 3. Grant acknowledgement signs must be maintained and prominently displayed at the entrance to the park. 2958 581 EXHIBIT B PIMA COUNTY PARKS AND RECR£ATION DEPARTMENT DENNIS WEAVER DISTRICT PARK CAPITAL EQUIPMENT LIST County Property Equipment Description Date Purchased I.D. Number Jacobson 5-Gang Reelmower JM5-2-1974 27122 £-2-GU Turf Truck TTK-1-1983 54301 Gas-Pool Vacuum GPV-2, 1981 50928 Nine 5-bier Bleachers None One 10-Tier Bleacher None Pool Swim Lanes None .'� 9958 582 "EXHIBIT C" QUIT CLAIM DEED For valuable consideration, Pima County, a political subdivision of the �,d • State of Arizona , hereby quit claims to the Town of Oro Valley, a municipal corporation, Grantee, all right, title + 1 Grantor in the following described property and interest of • County, Arizona, together with all rights and situate in Pima Coun ty , privileges appurtenant thereto : SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "C--1" Reserving unto the Grantor a perpetual easement for drainage, sewers ,:,Jer_s , and utilities as they now exist according to public record. Theproperty transferred by this Quit Claim Deed is foronlyas apublic park or a recreational restricted use facility . Dated this tenth day of January , 1995 . 19956 563 QUIT CLAIM DEED .i.i 1 PAGE 2 Pima County Board of Supervisors By: P..„1 )7fai,A,i. Chairman EST: I if gre,, • A _......_... 4._ • .4. __ _.,..:i (erk o the Pima 1 untY =oard of Supervisors State of Arizona ss County of Pima was acknowled before me t its JO day of LalLig()Ur ,This instrument g 19 , by ��t',�.�% OAA-r) as C airman f the Boar of Supervisors . c .:,' -2,.. / b ,_,. ..;.,..;-..-. . ,,.. i :.7 --,- ,.. c-.. :,r e., -.. : , -.-..", . )014AdA104 Ai& 4 ,:, . • ::',. . xijNorkyrdWX .al.J rw•t:it . JL 1. 7 • r '• • y, cotnrnzssion expires : My Commission Expires May 25, 1997 THIS DEED IS EXEMPT FROM FILING AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S . §42-1614 .A. 3 . ) Re : Town of Oro Valley Dennis Weaver Park EXHIBIT C-1 Lots No. 34 and 51, except the south 15 feet of said Lot 51, in LINDA VISTA CITRUS TRACTS NO. 2, a subdivision in Pima County, Arizona, according to the map or plat thereof of record in the office of the County Recorder of Pima County, Arizona, in Book 6 of Maps and Plats at Page 79. P .C . PARKS&REC TEL :520-623-3539 Jun 26 ,95 9 : 10 No .001 P .06 • 8159 ... :.. STATE Or ARIZONA • 1 het•tliy testily tout the 1'.':Wills 1...,...- ....:./::•.:,.3.!•, is/ Instrument was filed for record ' • r•.' Book 3 L._. ra eCy . ,. State of Ai lratix. � , Witness my hand and OlilcIul beat. '` f' :'`' •': -`---..•......_....._ L.Pl k SIJ!l,tnGE t i d f1'' III •;.;: ,''•. . 1 , � Jteq « i. • • ,: Jndcxs:d raged islottvd Count) tecordeL. ,' . ... ;•: ) I•MLI��.V V� ��►•w Vey jM���� •={�•"��.••• ' . By att..... ..:zeti.--...„-_;2_,........._..._ ..,. .... .". ., . .: Deputy Fee: ::• '��''� • serb-r'vra-nurara �.,re+�s-Trrrn, rr•,env;myty-r+Y,"+rM'7t,,,,,,,,F.�7,y,ogsiy..rg prr, T.:1""mr5••Rrc-aciw„;.;-z-�✓di.vn.l',, a�s...�_..•wr N:a1 Ju.e,.. r• •'• .,' �__�.•T■1 V+r..1Y■Wtir•..•..•_.W.►�__ 7 ... . _ ......,.r I r��.�./!�'n••• + .....•'...:•-‘4::••;'• � •• WIILN ItECIQlt1)}::I) MAIL TO: ,.•-i.:.:••'.'............. 0 c.../....../..0 6-.)14''''''&11 • . ; '•4•-•.• :::.:•'.:.1.-S:. ' • .,• .:'',f:: a ‘'4U''' C C b , . .-::::;:,. :,.,:,, ............ .,.... , . - - • r• • �l Awl► i • :i.• 'i . • ,• For the eoneideration of TenT)olxarb, And other vAIatrsbll: 0ohs itierat ibns,a14R. xxk We '•:•,•.:. •:.•::?,••••:..:./2.:.:.!-........;•..; ' Sam •Ninini and Giaconda Nanini, Husband and Wife ': do hereby CONVEY unto • :';�:,•`;`;• ' • . , ..' PimaPimCounty, Arizona, A }Iody Corporato and IQ�.itic • r ,..;:: . , • :••-• the kali:wing described real property situate in County, Arizona.. I ••�1:. �:•. , ' . Its # 34 and 51 , Except the south ].5 feet of said :•,':•.•• , • `' lot 51, in Linda Vista citrus Tracts No. 2, a sub-- I �•' ' .' ' division in Pima County, Arizona, according to the ' a.:: :t , ' • map or plat thereof e of record in the Office of the .•::•';';:e*!?...;:. ' County Recorder of Pima County• , Arizona, in Book . of Maps and Plats at Page 79.• :',.•1 ,i';, , •• . . Subject •to current taxes and assessments, and to all •• �"'•': '' . • I • easements, restrictions, reservations, encumbrances •::::• 4.� , • •i and all other matters affecting said property, of •, ••'r' •:. record ire the of f_ice of the County Recorder'of Pima .....;...:.:1•.-... :..4.:........:,:... . ' r, • .County, A1:j.zona. . , :!'. : •.. • . • • ACCF.rTcn a :LI'Ir A COUNTY ao�ft.f t` >zvisang ' • '::''' ''`':�"•• •'' .•. • }ebruery'C�';; 1 9-f'�" ,::�:: r,: . ,•- -',.,..„...: ,-,a, ----.--4 ___,.) . . ,_ . . , ,:,...,...;.:..-..zi•x,.-f: ...... ..... . ---,. =• �..r'r... •�••ter�r ,r• .• '''.;1 • •'.• ••■ • , ,..: ? , n mnt.+r ,'y ,• :,•:,•r;c • • AT'��: 11: .\:'•:',•,';. '''.r� '.: Dated tide 27th day of January , l e 69, ;:•;,. ‘,....•...• :A.' . 1‹. .' -'2 ,,,,..../911,...,,,,,,,Pf . I . ' 7:.''..':.:.:4y.:.: ; . ... .. ......-.. . • .'1'...*: ., ..'•;...:41.i....! ,•-'.,• ..- .••••7/.1,T �..:, • ii • 1 .114,"•g-11:0-.4:1›.aee:-....-- ziNcii,iiii cones ' ttii .i.F ,,;1�`.c.i.,„...,.: ..4:.:,;. . :.:::•,. •::•'•;•••••:•;•;•:••••) . •:. ••: '• ::::::?... ,...-..:. , .ii.::,;...". . ' .•• • -• -. .• :..:;zi. Arizona •'•STATE OF •/. ••y': . ,• .•,'•)',..:•!:.;: 1,. • 'r:"•• eauN-1{y ' Pima' i ;t:•� '.• ••':'1:•/.;•:,;'.•• . ' b. This instrument was acknowledged efo7�-•■^ f J u X �• •••. • I • •''.'J''�•'��' •' -'" . efore m9,this �I ti'••f ��Y Q` V��1��• y• �• •1�!► � •.i- i ,'� ..' •���1,�'/•. •} Mr SamNanini and .• M. °..1.:1:Y • :::?•:;�:•:.•.•• by4 d N ri 11n 1., i u t;k�2trlc3 r --_wl.� �, i�t :' •'.;, ,• nMrs. Oiac n a A •' •• ar• ,;'':1 afL "gf ?11..'ly- Yf0pi1 to me. - - ..�.........,�,�.�: - -.. - f0 • •• •.; •::��'. , r♦ ,"z j„fgt./f-~ r(,,. . /.•••iii♦4-..;_,,• ••'0,. :••••:•::. ..,..:1, • Itahhker•a ... .;.• :••.•;•.:".i: .•::•:. . •• • •.':. My commission expires_ NOV. 1Z, a 97 2. 1•*.-.''.,- •`• ,!,� �''�ti,.l _.i•' • •:•; y''••• ' '•: .• •:. ...,., „ey ,, i, „,- -6P. ze- ei L. Lo. it, e / • O rwv+rcwa. rib,"*I4111SAOAMI AMIE. 4491.'../�iumn w.....-...aarcz�.1�.,..3...............„.....,.. .,44.,.... , ......,_ A, , _ .....I•, , .,,,.,.....62z2„,___ .N.4..•r+a� •:�_,......x,..,._________„_.7 ,... i ...::::.:.:Nt.....„.„....;•• . ... ':'.�''• •...„._ ,. w;: . • . COW: d-s Rey. iter .,' •, , • I v :. : . i::: ' A ' 1 qvill• toY.tiiek_..1 rnr2.1P •........:;,...:. . , •. Xi'. �•}V.j' : �.i ,1/..i'i' • ::`'.'..�•ti .:i,•tel.• i' fMri'....� •t�'►.11+\'••.r•rI;�P,••r':,1 i i •• , ,.I•A•:.;Z.i 17 v{'.'u!' ` r, it:!''$., P .C . PARKS&REC TEL :520-623-3539 Jun 26 ,95 9 : 10 No .001 P . 05 NAME/ADDR POOR-M P-PARCRI. 225 11 2670 TAX AREA 1011 DATX 06/26/95 TOWN OP ORO VALLEY RRCQRDINO INFO DOC 09950 P0 0576 DATE 011295 RONIN3 INFO CURRENT AUTH FLAG 00000 0000 RISC INFO LUOAL DESCRIPTION LD MS 1.00 MS TYPE S LINDA VISTA CITRUS TRACTS NO 2 LOT 34 BTR 24 128 13R MR IP 1 MAP/PLAT 06079 MK AR 021 TEL 0 0034 ORP CP 000 URNS TR 4607 U88 CD 9795 (FORMERLY 203-36--0390) DATE OF LAST CHO 012095 PROPERTY ADDRESS IMPR VALUE SOURCE: 000023 w CALLE CONCORDIA TUC SECONDARY VALUATION DATA CLASS FULL chat' PUNT ASORS3ND LAND 97/ 4 0 160,000 16.0 25,500 IMPROVRMRNT6 97/ 4 0 96,332 16,0 15,413 RRRSONAL PROPERTY ORoSS VALUE TOTALS 256,332 41,013 LMTD./80140. EXEMPTIONS NET VALUE TOTALS 256,332 41,013 PRIOR LIMITED FCV 259,512 CURRENT LIMITED FCV 256,332 PF5 MAIN MENU TERM ID PRO1 0d. A4 P .C . PARKS&REC TEL :520-623-3539 Jun 26 ,95 9 : 10 No .001 P .04 NAME/iDDR BOOR-MAP-PA.RCRL 225 11 2940 TAX AREA 1011 DATE 06/26/05 TOWN OF ORO VALLEY RECORDING INFO DOC 09950 PG 0576 DATE 011295 ZONING INFO CURRENT AUTH 7'LAG 00000 0000 MI80 INFO LEGAL DESCRIPTION LD M9 1.00 MO TYPE $ LINDA VISTA CITRUS TRACTS NO 2 L 51 EXC 8 15' HTR 24 120 13E 7I1E ID 1 THEREOF MAP/PLAT 06079 MK AR 011 TEL 0 0051 GRP CD 000 CEI$ 'TR 4607 UBE CD 9795 (FORMERLY 202-36-0610) DATE or LAST CH9 012095 PROPERTY ADDRESS IMPR VALUE SOURCE: SECONDARY VALUATION DATA CLASS FULL CASK PCNT ASSESSED LAND 97/ 4 0 160,000 16.0 25,600 IMPROVEMENTS / 0 0 PERSONAL PROPERTY GROSS VALUE TOTALS 160,000 25,600 LMTD./9CND. EXEMPTIONS NET VALUE TOTALS 160,000 25,600 PRIOR LIMITED FCV 160,000 CURRENT LIMITED FCV 160,000 775 MAIN MENU TERM ID PR01 AA 1 0 ........._._____ sr-:—"Ertfswiw-- csi __. , • . \ , .„ I^ s a 4 J. ... -4 + . • . 3 " - td ' • • a . . 4. . 0 • • . r CA VI 1 1 g . 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NI .1r.:=-1:.:,-; t IIIiel 71' 71' •g ' �- z K 616.74 rb 8 < ' Ot.tb 631.74 o►4 � ais Gso� z „ P 1 . ,... 4, t. il a:1Z :2. 0 .4./ ...4 CI • • • .� i-pf_-.. /- • 21 ,411 -•1• '54,42' L 1--. °lilt... 1 i i Ai is, r • ;...,5 N a1 r • :a 1 ZO' d Z 00' 0� 80: 6 s6, 9 Z Uflf 62,2-2Z9-0ZS= 131 Jed"8S>IWldd ' 9 ' d 0 CONTRACT NO. ° f-OSIO-ncl75-0 - Mc AMENDMENT NO. This number must appear on all invoices, correspondence, and documents pertaining to this contract INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY TRANSFERRING MANAGEMENT OWNERSHIP AND CONTROL OF DENNIS WEAVER PARK FROM THE COUNTY TO THE TOWN WHEREAS, Dennis Weaver Park ("the Park") is owned by the County and operated as a public park, and WHEREAS, the Park is located inside the Town, and WHEREAS, the parties have determined, pursuant to A.R.S. 11-933 and A.R.S. 11-952, to enter into a cooperative agreement for the ownership, control, maintenance and operation of the Park, all as hereinafter provided, NOW, THEREFORE, In consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. The Park - the Park consists of twenty (20) acres, more or less, described as lots 34 and 51, except the south 15 feet of said lot 51, of Linda Vista Citrus Tracts No. 2, a subdivision in Pima County, Arizona, according to the map or plat thereof of record in the office of the Pima County Recorder in Book 6 of Maps and Plats at page 79. 2. Obligations of the Town - the Town will own, operate and maintain the Park for the use by resident of the Town and the County. The Town will perpetually operate the Park as a public park for use by residents of the Town and the County. The Town acknowledges certain restrictions and limitations on the operation and use of the Park as a result of improvements funded by the United States Department of Interior. A description of these grants and the resultant improvements is attached hereto as Exhibit A. The Town will use and operate the Park in compliance with all of these requirements. The Town acknowledges that approval of this agreement by the United States Department of Interior is required. The Town is responsible for Park compliance with the Americans with Disabilities Act. • Page 2 3. Obligations of the County - The County will convey title to the Park to the Town by execution of a deed in the form attached as Exhibit C. The County will share in the maintenance costs of the Park by payments totalling $200,000.00. The first a ment will be $50,000.00 and will be made on payment January 31, 1995. The second payment will be $150,000.00 and will be made on July 15, 1995. The County will transfer all capital equipment, furniture and improvements (as set forth in Exhibit B to this agreement) to the Town. The County agrees to enclose access to the underground pool discharge vault prior to the effective date of this agreement. The method of enclosure will be accomplished according to reasonable safety standards. The County will not be responsible for the correction of any other conditions which may be discovered in or on the Park. The County transfers the Park to the Town AS IS, unless some other provision of this agreement provides otherwise. The County will survey the premises at its expense and, where necessary obtain easements or conveyances in the event of property encroachments. The County will provide technical assistance in Park operations for at least six (6) months. 4. Obligations of Both Parties - Each party to this agreement shall indemnify, defend and hold harmless the other party, its officers, departments, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, g claims, demands and damages of any kind by third persons arising out of the maintenance or operation of the park which result from any act or omission of the indemnifying in party, its agents, employees, officers or anyone acting under its direction or control, or on its behalf, whether intentional or negligent. This provision shall survive the expiration of this agreement. The failure of any party to insist in any one or more instances upon the full and complete performance of any of the terms or conditions of this Agreement by any othertY ar to this Agreement, or to take any action as a result thereof, shall not be p construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. The acceptance by any party of sums less than may actually be due and owing to it at any time shall not be construed as an accord and satisfaction. The parties do not warrant their power or right to enter into this Agreement and if the same is determined to be null and void by court action initiated by third persons, there shall be no liability of any party to any other party by reason of such action or by reason of this Agreement. This Agreement is subject to the provisions of A.R.S. § 38-511. 1 • Page 3 Due to the special nature of this Agreement, it is not assignable by any party to the Agreement without the written consent of all other parties to the Agreement. The parties to this Agreement shall not discriminate against any individual in any way on account of such individual's race, color, religion, sex, age, handicap or national origin. Executive Order No. 75-5 of the State of Arizona is hereby incorporated into this Agreement by reference, as if set forth in full herein. The parties to this Agreement shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those described within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes thereunder. Any action relating to this Agreement shall be brought in Arizona court. If anyprovision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue valid and enforceable to the full extent permitted by law. Any changes in the governing laws, rules and regulations during the term of this Agreement shall apply but do not require an amendment. This agreement will be effective when duly executed by each of the parties and filed with the Pima County Recorder. Dated: JAN 1 0 i0Qc Dated: PIMA COUNTY TOWN OF 9,R0 VALLEY pa,„2. 7*„..„fri Itjed.-4 ,�'; Chairman Mayor Pima County Board of Supervisors Town of Oro Valley /- //-Dated: JAN U Dated. AT : ST: ATTEST: /f/ C4-4d.,&‘4,/' a P e Willi a s Town of Oro Valley Clerk P'ma County Clerk of the Board Page 4 The undersigned, being attorneys for Pima County and the Town of Oro Valley certify that the foregoing intergovernmental agreement is in proper form and withen the powers of the County and the Town, all as provided in A.R.S. § 11-952. V 1 7/3 /11411,------ Mic ael P. Callahan Tobin Sidles Attorney for Pima County Attorney for Town of Oro Valley EXHIBIT A SUMMARY of FACILITIES CONSTRUCTED at DENNIS WEAVER DISTRICT PARK using FEDERAL FUNDS United States Department of the Interior Bureau of Outdoor Recreation Land and Water Conservation Funds AMOUNT BOR Project No. 04-00232,Agreement dated 07/31/73 $132,425.00 Facilities: Swimming Pool,Wading Pool, Site Improvements, Landscaping, Fencing, Sewer, Restroom, Roadway, Parking,Well, Electrical System, Design and Engineering, Bathhouse, Irrigation, Drinking Fountains, and a Ramada/Storage Room. Project Completed: December 31, 1975 BOR Project No. 04-00379,Agreement dated 01/20/77 $66,000.00 Facilities: Irrigation and Turf, Lighted Handball Courts, Ball Field Backstops and Fencing. Project Completed: July 8, 1981 BOR Project No. 04-00515-S,Agreement dated 01/14/80 $50,000.00 Facilities: Installation of Lights on Existing Fields, i.e.,4 Little League and 2 Football/Soccer Fields. Project Completed: December 31, 1984 Total $248,425.00 CONTINUING CONDITIONS OF THESE AGREEMENTS 1. Operate and maintain the facilities developed with Federal funds for the benefit of the general public. 2. Obtain approval from Arizona State Parks before altering any of these developed properties or facilities. 3. Grant acknowledgement signs must be maintained and prominently displayed at the entrance to the park. EXHIBIT B PIMA COUNTY PARKS AND RECREATION DEPARTMENT DENNIS WEAVER DISTRICT PARK CAPITAL EQUIPMENT LIST County Property Equipment Description Date Purchased I.D. Number Jacobson 5-Gang Reelmower JM5-2-1974 27122 E-Z-GO Turf Truck TTK-1-1983 54301 Gas-Pool Vacuum GPV-2, 1981 50928 Nine 5-Tier Bleachers None One 10-Tier Bleacher None Pool Swim Lanes None "EXHIBIT C" QUIT CLAIM DEED For valuable consideration, Pima County, a political subdivision of the State of Arizona, hereby quit claims to the Town of Oro Valley, a municipal corporation, Grantee, all right, title and interest of Grantor in the following described property situate in Pima County, Arizona, together with all rights and privileges appurtenant thereto: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT "C-1" Reserving unto the Grantor a perpetual easement for drainage, sewers, and utilities as they now exist according to public record. The property transferred by this Quit Claim Deed is restricted for use only as a public park or a recreational facility. Dated this tenth day of Jammy 1995 . QUIT CLAIM DEED PAGE 2 Pima Count Board of Supervisors By: 21/(a4Lid Chairman JAN 1 0 1995 airEST: Vitd i Ilttlead://.1) rerk of/ the Pima unty oard of Supervisors State of Arizona ) ) ss County of Pima ) Aghis instrument was acknowledge befpnme tis //) day of 19 r„ , by 77, j cli "6 n as Chfirman og the Board of Supervisors . ,( g c°. A* ilit77y.. .;,,idiv)01 My commission expires : My Commission Expires May 25, 1997, (THIS DEED IS EXEMPT FROM FILING AFFIDAVIT OF PROPERTY VALUE PURSUANT TO A.R.S. §42-1614 .A.3 . ) Re : Town of Oro Valley Dennis Weaver Park EXHIBIT C-1 Lots No. 34 and 51, except the south 15 feet of said Lot 51, in LINDA VISTA CITRUS TRACTS NO. 2, a subdivision in Pima County, Arizona, according to the map or plat thereof of record in the office of the County Recorder of Pima County, Arizona, in Book 6 of Maps and Plats at Page 79.