AMENDMENT MWD - COUNTY AGREEMENT C

AMENDMENT TO AN
AGREEMENT FOR RELOCATION OF MARICOPA WATER DISTRICT
FACILITIES AND PROPERTY INTERESTS
CAMELBACK ROAD & BEARDSLEY CANAL
THIS AMENDMENT NUMBER ONE is entered into this day of
20 , by and among MARICOPA COUNTY MUNICIPAL WATER CONSERVATION
DISTRICT, an irrigation and water conservation district, a municipal corporation and a political
subdivision of the State of Arizona ("MWD") and MARICOPA COUNTY, a political subdivision of
the State of Arizona ("Maricopa County").
1. RECITALS
1.1 On March 30, 2017, MWD and Maricopa County entered into a Maricopa County
Department of Transportation Agreement For Relocation Of MWD Facilities And Property
Interests Camelback Road & Beardsley Canal ("Agreement") to address the relocation of certain
MWD facilities and property interests for the purpose of accommodating Maricopa County's
Camelback Road & Beardsley Canal Improvement Project ("Road Project").
1.2 Maricopa County proposes to relocate certain MWD facilities and properties to
accommodate the Road Project. The MVVD facilities that are impacted by the Road Project are
the Beardsley Canal Box Culvert, a portion of MWD Lateral 13 facilities; and the MWD Well 13-
21 facilities ("New MWD Facilities").
1.3 MWD has informed Maricopa County that MVVD shall perform the construction
work for the New MWD Facilities at Maricopa County's sole cost and expense as it is MWD's
policy that MWD perform all construction that impacts the Beardsley Canal.
2. AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, it is hereby agreed by and between MWD and Maricopa County as follows:
2.1 Article 6.4 of the Agreement states that Maricopa County, at Maricopa County's
sole cost and expense, shall perform the construction work for the New MWD Facilities. This
Article shall be amended to state that MWD, at Maricopa County's sole cost and expense, shall
perform the construction work for the New MWD Facilities.
2.2 MWD requires a draw account upon the acceptance of this Amendment. Payment
in the amount of $1,503,840.00, based upon the most current construction and construction
observation cost estimates as described in the Exhibit "A" Summary of Costs attached hereto and
provided to the County, must be made no later than January 28th, 2019. This payment shall serve
as a draw fund to reimburse MWD for those costs related to the construction and construction
observation of the New MWD Facilities. The County will be invoiced for the actual verified and
documented costs associated with this Amendment.
2.3 All other terms and conditions of the Agreement shall remain the same and in full
force and effect.
[SIGANTURES TO FOLLOW]
Page 1 of 3

IN WITNESS WHEREOF, MWD and Maricopa County have executed this Amendment
Number One as of the date first written above.
APPROVED: ATTEST:
MARICOPA COUNTY MUNICIPAL WATER
CONSERVATION DISTRICT NUMBER
ONE, a political subdivision of the State of
Arizona
By: By:
Christine Cain Glen Vortherms
Its: Property & Contracts Manager Its: Assistant Secretary
STATE OF ARIZONA
) ss:
County of Maricopa
On this day of , before me the undersigned Notary
Public personally appeared Christine Cain and Glen Vortherms known to me to be the
Property and Contracts Manager and Assistant Secretary of MARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a political subdivision of the
State of Arizona, and they, being duly authorized so to do, executed the foregoing instrument for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
Page 2 of 3

AMENDMENT TO AN
AGREEMENT FOR RELOCATION OF MARICOPA WATER DISTRICT
FACILITIES AND PROPERTY INTERESTS
CAMELBACK ROAD & BEARDSLEY CANAL
THIS AMENDMENT NUMBER ONE is entered into this day of
20 , by and among RIIARICOPA COUNTY MUNICIPAL WATER CONSERVATION
DISTRICT, an irrigation and water conservation district, a municipal corporation and a political
subdivision of the State of Arizona ("MWD") and MARICOPA COUNTY, a political subdivision of
the State of Arizona ("Maricopa County").
1. RECITALS
1.1 On March 30, 2017, MWD and Maricopa County entered into a Maricopa County
Department of Transportation Agreement For Relocation Of MWD Facilities And Property
Interests Camelback Road & Beardsley Canal ("Agreement") to address the relocation of certain
MWD facilities and property interests for the purpose of accommodating Maricopa County's
Camelback Road & Beardsley Canal Improvement Project ("Road Project").
1.2 Maricopa County proposes to relocate certain MWD facilities and properties to
accommodate the Road Project. The MWD facilities that are impacted by the Road Project are
the Beardsley Canal Box Culvert, a portion of MWD Lateral 13 facilities; and the MWD Well 13-
21 facilities ("New MWD Facilities").
1.3 MWD has informed Maricopa County that MWD shall perform the construction
work for the New MWD Facilities at Maricopa County's sole cost and expense as it is MWD's
policy that MWD perform all construction that impacts the Beardsley Canal.
2. AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, it is hereby agreed by and between MWD and Maricopa County as follows:
2.1 Article 6.4 of the Agreement states that Maricopa County, at Maricopa County's
sole cost and expense, shall perform the construction work for the New MWD Facilities. This
Article shall be amended to state that MWD, at Maricopa County's sole cost and expense, shall
perform the construction work for the New MWD Facilities.
2.2 MWD requires a draw account upon the acceptance of this Amendment. Payment
in the amount of $1,503,840.00, based upon the most current construction and construction
observation cost estimates as described in the Exhibit "A" Summary of Costs attached hereto and
provided to the County, must be made no later than January 28th, 2019. This payment shall serve
as a draw fund to reimburse MWD for those costs related to the construction and construction
observation of the New MWD Facilities. The County will be invoiced for the actual verified and
documented costs associated with this Amendment.
2.3 All other terms and conditions of the Agreement shall remain the same and in full
force and effect.
[SIGANTURES TO FOLLOW]
Page 1 of 3

Page 2 of 3

IN WITNESS WHEREOF, MWD and Maricopa County have executed this Amendment
Number One as of the date first written above.
APPROVED: ATTEST:
MARICOPA COUNTY MUNICIPAL WATER
CONSERVATION DISTRICT NUMBER
ONE, a political subdivision of the State of
Arizona
By: By:
Christine Cain Glen Vortherms
Its: Property & Contracts Manager Its: Assistant Secretary
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this day of , before me the undersigned Notary
Public personally appeared Christine Cain and Glen Vortherms known to me to be the
Property and Contracts Manager and Assistant Secretary of MARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a political subdivision of the
State of Arizona, and they, being duly authorized so to do, executed the foregoing instrument for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
Page 2 of 3

MARICOPA COUNTY, a political subdivision APPROVED AS TO FORM:
of the State of Arizona
By: By:
Its: Chairman of the Board of Supervisors Its: Deputy County Attorney
STATE OF ARIZONA )
) ss:
County of Maricopa )
On this day of , before me the undersigned
Notary Public personally appeared known to me to be the
of MARICOPA COUNTY, a political subdivision
of the State of Arizona, and he/she, being duly authorized so to do, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
Page 2 of 3

09/14/2016 ETC. (G>H)
TEMPLATE NOTES, TVLR COUNTY
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09/14/2016 ETC. (G>N)
TEMPLATE TVLR COUNTY
NOTES,
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type PRIVATE # COUNTY # #:
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STATUS D ( Date Date Date Date
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