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