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F-2. IGA WITH MARICOPA COUNTY FOR MASTER AGREEMENT FOR FLOOD CONTROL DISTRICT PROJECTS OCCURRING WITHIN COUNTY RIGHT-OF-WAY Approve IGA FCD 2011A008 (the Agreement), for Flood Control District Projects occurring within County Right-of-Way, between the Flood Control District of Maricopa County (District) and Maricopa County (County). This Agreement will establish a process that allows and requires both Parties to enter into “Letters of Agreement” (LOAs) via this Agreement for projects initiated by the District which impact County current rights-of-way (ROW) and anticipated future ROW, in which MCDOT is not a partner. The Agreement shall become effective as of the date it has been executed by all parties. The corresponding Maricopa County agenda item number is C-91-12-039-M-00. Both Parties desire a means for administering projects which affect both Parties. This Agreement details the process for administering projects initiated by the District which traverse County ROW, in which MCDOT is not a partner. Typically this would include District flood control projects that include elements to maintain pre-project access conditions. Further it details a process to be applied with the mutual consent of both Parties for projects initiated by the District that traverse anticipated future County ROW, in which MCDOT is not a partner. Projects in which MCDOT is a partner with the District typically, where MCDOT wishes to improve access concurrent with flood control project construction will be governed by project specific Intergovernmental Agreements. Each LOA will, at a minimum: • Include a statement regarding the LOA’s scope and purpose • Include a statement affirming that MCDOT and the District have elected to apply the terms of this Agreement to the subject structure(s) • Address whether, and to what extent, permit and/or plan review fees will be required for the subject structure(s) • Affirm specific post-construction maintenance responsibilities of each agency for the subject structure(s), generally following the provisions established by this Agreement • Specify the legal physical access to be provided to MCDOT for inspection and maintenance activities This Agenda Item impacts Supervisorial Districts 1, 2, 3, 4, and 5. (C-69-12-011-3-00)