2016A001A - AMENDMENT A SIGNED BY FCD.PDF

DocuSign Envelope ID: 4C505267-7D34-4018-9104-EB2E41F88EC3
Return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
AMENDMENT NO. 1
to
INTERGOVERNMENTAL AGREEMENT IGA FCD 2016A001
between
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
and the
CITY OF PEORIA
for the
FUNDING OF THE SECTION 408 PERMIT FOR THE
CITY OF PEORIA NORTHERN COMMUNITY PARK AT NEW RIVER DAM
IGA FCD 2016A001A
FCD Agenda Item _______________
This Amendment Number 1, also known as Intergovernmental Agreement (IGA) FCD 2016A001A
(AMENDMENT 1), to IGA FCD 2016A001 is entered into by and among the Flood Control District of
Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors,
hereinafter called the DISTRICT and, the City of Peoria, a municipal corporation, acting by and through its
City Council, hereinafter called PEORIA. The DISTRICT and PEORIA are hereinafter collectively called the
PROJECT PARTNERS.
This AMENDMENT 1 shall become effective as of the date it has been executed by all PROJECT
PARTNERS.
STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 48-3603, as revised, to enter
into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the
DISTRICT.
2. PEORIA is empowered by its Peoria City Charter Article 1, Sec. 3 (15) and by Arizona Revised Statutes
Section 11-951, as amended, to enter into this Agreement and has authorized the undersigned to execute
this Agreement on behalf of PEORIA.
BACKGROUND
3. On March 23, 2016 the Board of Directors of the DISTRICT (the Board) approved IGA FCD 2016A001
(C-69-16-030-3-00) between PEORIA and the DISTRICT for funding of the US Army Corps of Engineer
Amendment 1 FCD 2016A001A PAGE 1 OF 4

DocuSign Envelope ID: 4C505267-7D34-4018-9104-EB2E41F88EC3
Section 408 Permit for the City of Peoria Northern Community Park (now officially Paloma Community
Park) at New River Dam (the PROJECT).
4. On December 12, 2018 the Board approved Joint Use Agreement (JUA) FCD 2018G002 (C-69-19-009-3-
00) between PEORIA and the DISTRICT for the recreational use of Paloma Community Park at New
River Dam.
5. PEORIA plans to construct additional improvements at Paloma Community Park which will require a
Section 408 Permit from the US Army Corps of Engineers. The PROJECT PARTNERS agree that it
would be beneficial to extend IGA FCD 2016A001.
PURPOSE OF THE AMENDMENT
6. This AMENDMENT 1 extends the effective period of the original IGA FCD 2016A001.
TERMS OF AMENDMENT
7. IGA FCD 2016A001 shall expire the latter of (a) five (5) years from the effective date of AMENDMENT
1, or (b) upon completion of the PROJECT and after all funding obligations and reimbursements have
been satisfied in accordance with the original IGA FCD 2016A001, whichever is the first to occur.
However, by mutual written agreement of all parties, the original IGA FCD2016A001 and this
AMENDMENT 1 may be amended or terminated.
8. This AMENDMENT 1 governs where terms conflict with the original IGA FCD 2016A001. The
paragraph numbering in this AMENDMENT 1 is coincidental and is not intended to indicate that these
same numbered paragraphs in the original IGA FCD 2016A001 are being replaced in their entirety.
9. Nothing in this AMENDMENT 1 (either express or implied) is intended to confer upon anyone other
than the parties herein and their respective representatives, successors, and permitted assigns, any rights or
remedies under or by reason of this AMENDMENT 1 nor is anything in this AMENDMENT 1 intended
to relieve or discharge the liability of either party hereto.
10. Attached to this AMENDMENT 1 or contained herein, are the written determinations by the appropriate
attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of
Arizona to enter into this AMENDMENT 1 and that it is in proper form.
11. If legislation is enacted after the effective date of this AMENDMENT 1 that changes the relationship or
structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this
AMENDMENT 1 shall be renegotiated at the written request of either PROJECT PARTNER.
12. This AMENDMENT 1 is subject to cancelation pursuant to A.R.S. § 38-511.
Amendment 1 FCD 2016A001A PAGE 2 OF 4

DocuSign Envelope ID: 4C505267-7D34-4018-9104-EB2E41F88EC3
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
2/4/2021
Michel A. Fulton, Director Date
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing Intergovernmental Agreement Amendment FCD 2016A011A has been reviewed pursuant to
A.R.S. Section 11-952, as amended, by the undersigned General Counsel, who has determined that it is in
proper form and within the powers and authority granted to the Flood Control District of Maricopa County
under the laws of the State of Arizona.
2/4/2021
Flood Control District General Counsel Date
Amendment 1 FCD 2016A001A PAGE 3 OF 4

DocuSign Envelope ID: 4C505267-7D34-4018-9104-EB2E41F88EC3
CITY OF PEORIA
A Municipal Corporation
Cathy Carlat, Mayor
By:______________________________________________
Date
Attest:
By:
City Clerk Date
The foregoing Intergovernmental Agreement Amendment IGA FCD 2016A001A has been reviewed pursuant
to Arizona Revised Statutes 11-952, as amended, by the undersigned attorney who has determined that it is in
proper form and within the power and authority granted to the City of Peoria under the laws of the State of
Arizona.
By:
City Attorney Date
Amendment 1 FCD 2016A001A PAGE 4 OF 4