IGA BETWEEN FCD & MCDOT SECOND AMENDMENT.PDF

When Recorded Return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix AZ 85009-6399
SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY
For Maintenance of Sun City and Sun City West Drainage Features
(County C-64-00-055-2-02; FCD IGA 1999A019, C-69-00-028-2-02)
This Second Amendment (Second Amendment) to the Intergovernmental Agreement for
Maintenance of Sun City and Sun City West Drainage Features (C-64-00-055-2-00,
C-64-00-055-2-01 and C-69-00-028-2-00, C-69-00-028-2-01) is entered into by and between
the County of Maricopa, a political subdivision of the State of Arizona, (County), and The Flood
Control District of Maricopa County, a political subdivision of the State of Arizona (District); the
County and the District are collectively referred to herein as the Parties, or individually as a
Party.
RECITALS
1. The County is empowered by Arizona Revised Statutes (A.R.S.) § 11-952 to enter into this
Agreement and has authorized the undersigned to execute this Agreement on behalf of the
County.
2. The District is empowered by A.R.S. § 48-3603, as revised, to enter into this Agreement
and has authorized the undersigned to execute this Agreement on behalf of the District.
3. The Parties previously entered into an Intergovernmental Agreement (County:
C-64-00-055-2-00, C-64-00-055-2-01 and District: C-69-00-028-2-00,
C-69-00-028-2-01), recorded at Maricopa County Recorder No. 1999-0869579 and
20190314191 (Agreement) for Maintenance of Sun City and Sun City West Drainage
Features. The original Agreement became effective upon its recordation on September
17, 1999. The First Amendment became effective upon its recordation on May 1, 2019.
4. The Agreement references historical agreements between Del Webb and the County
regarding several parcels of land improved with drainage features that were conveyed from
Del Webb to the County via warranty deeds. Exhibits to the Agreement reflect the operation
and maintenance obligations for the County, acting by and through its Department of
Transportation (MCDOT), and for the District.
5. The Parties desire to amend the Agreement to add four (4) drainage features to Exhibit A,
thereby assigning responsibility for their repairs, operation, and maintenance to the
District.
Page 1 of 5

NOW, THEREFORE, in consideration of the foregoing and the covenants herein set forth, the
Parties agree as follows:
AGREEMENT
6. Exhibit A to the Agreement is amended as follows:
a. Add Parcel No. 37 (APN: 200-33-301), Parcel No. 2 of instrument 1991-0366969,
being Tract “B” of Sun City Unit Forty-Seven, according to the plat of record in the
office of the County Recorder of Maricopa County, Arizona in Book 176 of Maps,
Page 24.
b. Add Parcel No. 38 (APN: 200-58-217), Parcel No. 3 of instrument 1991-0366969
being Tract “B” of Sun City Unit Eleven A, according to the plat of record in the
office of the County Recorder of Maricopa County, Arizona in Book 122 of Maps,
Page 7 and recorded on February 10, 1969, under Book 122 of Maps, Page 4.
c. Add Parcel No. 39 (APN: 230-02-431), Parcel No. 5 of instrument 1991-0366969
being Tract “F” of Sun City Unit 35, according to the plat of record in the office of
the County Recorder of Maricopa County, Arizona in Book 146 of Maps, Page 21.
d. Add Parcel No. 40 (APN: 230-05-944), Parcel No. 6 of instrument 1991-0366969
being Tract “B” of Sun City Unit 45, according to the plat of record in the office
of the County Recorder of Maricopa County, Arizona in Book 176 of Maps, Page
4.
7. After execution of this Agreement, the County shall issue the District a right-of-way permit
with no expiration date and at no cost to the District.
8. The foregoing sections contain all of the changes made by this Second Amendment. All
other terms of the Agreement not amended herein remain the same and in full force and
effect.
End of Agreement - Signature Page Follows
Page 2 of 5

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY
RECOMMENDED FOR APPROVAL:
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Jesse Gutierrez, Director Date
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
Deputy County Attorney Date
Approved and Accepted by:
Chair of the Board Date
Attest by:
Clerk of the Board Date
Page 3 of 5

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Paul Baughman Date
Chief Engineer and General Manager
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
Flood Control District General Counsel Date
Approved and Accepted by:
Chair of the Board Date
Attest by:
Clerk of the Board Date
Page 4 of 5

EXHIBIT “A”
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
OPERATIONS AND MAINTENANCE
SUN CITY AND SUN CITY WEST DRAINAGE FEATURES
Parcel No. 37 (APN: 200-33-301)
Parcel No. 2 of instrument 1991-0366969, being Tract “B” of Sun City Unit Forty-Seven,
according to the plat of record in the office of the County Recorder of Maricopa County,
Arizona in Book 176 of Maps, Page 24.
Parcel No. 38 (APN: 200-58-217)
Parcel No. 3 of instrument 1991-0366969 being Tract “B” of Sun City Unit Eleven A,
according to the plat of record in the office of the County Recorder of Maricopa County,
Arizona in Book 122 of Maps, Page 7 and recorded on February 10, 1969, under Book
122 of Maps, Page 4.
Parcel No. 39 (APN: 230-02-431)
Parcel No. 5 of instrument 1991-0366969 being Tract “F” of Sun City Unit 35, according
to the plat of record in the office of the County Recorder of Maricopa County, Arizona in
Book 146 of Maps, Page 21.
Parcel No. 40 (APN: 230-05-944)
Parcel No. 6 of instrument 1991-0366969 being Tract “B” of Sun City Unit 45, according
to the plat of record in the office of the County Recorder of Maricopa County, Arizona in
Book 176 of Maps, Page 4.
Page 5 of 5