AMENDMENT TO IGA 7-18-17 (002).DOCX

Maricopa County — Formal (2017-08-09)

View PDF Item 31 Meeting page

Extracted text (via pymupdf_layout) 2848 characters
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF GILBERT
AND
MARICOPA COUNTY
G-30193
C-70-17-004-3-01
(Gilbert Contract # ___________________)
This First Amendment to Intergovernmental Agreement (“Agreement”) is made and entered into
as of the ___ day of ___________________, 2017, by and between the TOWN OF GILBERT, an
Arizona municipal corporation (“Gilbert”) and MARICOPA COUNTY, a political subdivision of
the State of Arizona (“County”) (collectively the "Parties").
RECITALS:
A. County and Gilbert are parties to that certain Intergovernmental Agreement between
Gilbert and the County dated October 20, 2016 (“IGA”), for the development and operation
of a wireless communication facility in support of the County’s public safety
responsibilities and to support other government operations on Gilbert property located
Northwest of Higley Road and Ocotillo Road.
B. The term of the IGA expires on December 31, 2036.
C. Gilbert desires to provide all utility easements required as part of the development and
operation of the wireless communications facility on the Town Property.
D. County and Gilbert now mutually agree to amend the IGA to identify responsibilities
regarding the relocation of any utility easements granted by Gilbert.
NOW, THEREFORE, in consideration of the foregoing, the mutual promises contained herein and
other good and valuable consideration, sufficiency and adequacy of which the Parties
acknowledge, Gilbert and County agree as follows:
1. If, at Gilbert’s request, it becomes necessary to relocate the electrical lines associated
with any easement granted by Gilbert for the County’s wireless communication facility,
County agrees to be responsible for the cost of the relocation and the cost to restore the
easement area to as close to the condition that existed immediately prior to the relocation
as is reasonably possible and for so long as said easement remains in effect.

2. The effective date of this Agreement is the date of execution by the County and Gilbert.
3. The foregoing paragraphs contain all the changes made by this Agreement. All other terms
and conditions of the IGA remain the same and in full force and effect.
IN WITNESS WHEREOF, the parties have signed this Agreement.
TOWN OF GILBERT:
_______________________________ Date: ____________________
Jenn Daniels, Mayor, Town of Gilbert
ATTEST:
_______________________________ Date: ____________________
Town Clerk
APPROVED AS TO FORM:
_______________________________ Date: _____________________
Town Attorney
MARICOPA COUNTY:
_______________________________ Date: ____________________
Denny Barney, Chairman of the Board of Supervisors
ATTEST:
_______________________________ Date: ____________________
Clerk of the Board
APPROVED AS TO FORM:
_______________________________ Date: _____________________
Deputy County Attorney