2016-03-01 AMENDMENT NO 1 TO MASTER SHARING AGREEMENT WITH SRP.DOCX
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AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT BETWEEN SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT AND MARICOPA COUNTY G-30156 C-18-13-033-3-01 This Amendment No. 1 (“Amendment”) to Intergovernmental Agreement No. G-30156 (the “Agreement”) is entered into this _______day of _______________________ 2016, by and between the Salt River Project Agricultural Improvement and Power District, a political subdivision of the State of Arizona, hereinafter referred to as “SRP”, and Maricopa County, a political subdivision of the state of Arizona, hereinafter referred to as "COUNTY", together, the “Parties” or individually a “Party”. RECITALS WHEREAS, the Parties entered into Intergovernmental Agreement G-30156 as of July 8, 2013; and WHEREAS, the purpose of this Amendment is to clarify the sites, facilities, equipment, systems and appurtenances available to the Parties for co-location and/or co-use; and WHEREAS, COUNTY is authorized to enter into this Amendment pursuant to A.R.S. § 11-952 et seq. and SRP is authorized to enter into this Amendment by approval of its Board of Directors. AMENDMENT TO AGREEMENT NOW THEREFORE, in consideration of the mutual promises and undertakings of the parties hereinafter set forth, it is hereby agreed as follows: 1. Co-Location and Co-Use of Sites, Facilities, Equipment, Systems and Appurtenances. For the purpose of providing needed radio services, the Parties agree the first Recital to the Agreement is deleted in its entirety and replaced with the following Recital: “WHEREAS, the purpose of this Agreement is to fulfill the need for establishing modern and reliable radio communication systems and related equipment (“Communication Systems”) for SRP and COUNTY and to allow for co-locating and/or co-using the Communication Systems of the other Party, including sites, facilities, equipment, systems, and/or appurtenances. The use of SRP-controlled sites, facilities, equipment, systems and/or appurtenances (“SRP Sites”) for the purpose of providing COUNTY with much needed radio coverage and the use of COUNTY controlled sites, facilities, equipment, systems and/or appurtenances (“County Sites”) (“SRP Sites” and “County Sites” shall collectively be referred to herein as the “Site” or “Sites”) for the purpose of providing SRP much needed radio coverage not presently available will enhance the communications systems of the Parties; and” . County No. G30156 2. Conflicts. This Amendment shall be subject to the provisions of A.R.S. § 38-511. 3. Amendment Construed with Agreement. All of the provisions of this Amendment shall be deemed to be, and construed as, part of the Agreement to the same extent as if fully set forth therein. 4. Agreement as Supplemented to Remain in Effect. Except as herein supplemented or amended by this Amendment and any additional supplement or amendment, the Agreement shall remain in full force and effect. **************************************************************************************************** Page 2 of 3 County No. G30156 IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Amendment and have executed this Amendment the day and year first written above. MARICOPA COUNTY, a political subdivision SALT RIVER PROJECT AGRICULTURAL of the State of Arizona IMPROVEMENT AND POWER DISTRICT, a political subdivision of the State of Arizona By: ___________________________________ By: _______________________________ Clint Hickman Chris Campbell Title: Chairman of the Board of Supervisors Title: Director, Telecommunication Systems Attest: ______________________________________ Clerk of the Board of Supervisors Date I hereby state that I have reviewed the proposed Amendment, between Maricopa County and Salt River Project Agricultural Improvement and Power District, pursuant to A.R.S. § 11- 952, and declare the Amendment to be in proper form and within the powers and authority granted to Salt River Project Agricultural Improvement and Power District under the laws of the State of Arizona. By; _________________________ ____________ Leo L. Miller, Date SRP Senior Attorney I hereby state that I have reviewed the proposed Agreement, between the Maricopa County and Salt River Project Agricultural Improvement and Power District, pursuant to A.R.S. § 11-952, and declare the Amendment to be in proper form and within the powers and authority granted to Maricopa County under the laws of the State of Arizona. By: ___________________________ ____________ Deputy County Attorney Date Page 3 of 3