2016-04-01 AMENDMENT TO TERMINATE IGA FOR VACANT LAND.DOC

AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF BUCKEYE
AND
MARICOPA COUNTY
C-xx-16-xxx-1-00
This first amendment (“Amendment #1) to that Intergovernmental Agreement (“IGA”)
recorded as instrument 92-0643806 is made and entered into as of this _______ day of
_________________, 2016 ("Effective Date"), by the City of Buckeye, previously the Town of
Buckeye, a municipal corporation organized under the laws of the State of Arizona (hereafter
“Buckeye”), and Maricopa County, a political subdivision of the State of Arizona (hereafter
“County”), collectively, the “Parties”.
RECITALS
A. Buckeye and County entered into the IGA as of November 2, 1992, and recorded
November 12, 1992, as an official record with the Maricopa County Recorder at
instrument number 92-0643806.
B. The IGA allows Buckeye use of approximately one (1) acre of vacant County-
owned land situated within Assessor Parcel Number 400-28-001F for the purpose
of park use (hereafter the “Vacant Land”).
C. Buckeye desires to purchase, and County desires to sell, the Vacant Land as part
of conveyance of all real property included under Assessor Parcel Number 400-
28-001F through a purchase sale agreement (the “Purchase Sale Agreement”)
between the Parties.
D. The Parties desire to terminate the IGA simultaneously with the conveyance of
the Vacant Land from County to Buckeye.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
contained herein, the Parties agree as follows:
1. The Recitals by this reference are hereby incorporated into this Amendment #1.
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2. Termination. The Parties mutually agree the IGA shall automatically terminate
simultaneously with the conveyance of the Vacant Land from County to Buckeye pursuant to the
close of escrow established in the Purchase Sale Agreement. In the event the Vacant Land does
not transfer from the County to Buckeye by June 30, 2016, this Amendment No. 1 shall become
null and void and the IGA shall remain in effect unless terminated as allowed for under the IGA
or through mutual agreement of the Parties.
3. Cancellation. The Parties acknowledges that the IGA and this Amendment No. 1 are
subject to cancellation by either Buckeye or County without penalty or further obligation
pursuant to the provisions of A.R.S. § 38-511.
4. Governing Law; Venue. This Amendment No. 1 will be governed by, and construed in
accordance with, the laws of the State of Arizona. The proper venue for any proceeding at law
or in equity or under the provisions for arbitration shall be Maricopa County, Arizona and the
Parties hereto hereby waive any right to object to venue.
5. Waiver. The failure of either Party to insist upon strict adherence to any term of this
Amendment No. 1 will not be considered a waiver or deprive the Party afterwards of the right to
insist upon the strict adherence to that term of Amendment No. 1 and the IGA.
6. Severability. In the event any term or condition of this Amendment No. 1 or application
to any person or circumstance is held invalid, such invalidity shall not affect other terms,
conditions or applications of this Amendment No. 1 which can be given effect without the
invalid term, condition or application. To this end the terms and conditions of this Amendment
No. 1 are declared severable.
7. Obligations Imposed by Law. Nothing in this Amendment No. 1 is intended to relieve,
relinquish or delegate any obligation or responsibility imposed upon either Party by law. This
Amendment No. 1 is not intended to, nor shall it be construed so as to, supersede or restrict the
jurisdiction, function or power of either Party.
8. Recordation. This Amendment No. 1 to the IGA may be recorded through the Maricopa
County Recorder’s office after execution of this Amendment No. 1 by the Parties.
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C-xx-16-xxx-1-00
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 on the dates
indicated below.
MARICOPA COUNTY, a political CITY OF BUCKEYE, a municipal
Subdivision of the State of Arizona corporation under the laws of the State of
Arizona
By: By: ______________________________
Clint Hickman, Jackie A. Meck, Mayor
Chairman, Board of Supervisors
Date: Date: _____________________________
ATTEST: ATTEST:
By: By:
Fran McCarroll, Clerk of the Board Lucinda J. Aja, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ______________________________ By: _____________________________
Deputy County Attorney Scott W. Ruby
Gust Rosenfeld, PLC, City Attorney
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