FINAL IGA 2025A004 FLOODED PROPERTIES ACQUISITIONS 5-8-25.DOCX

IGA FCD 2025A004
PCN 702.24.39 
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Intergovernmental Agreement
between the
Town of Gila Bend
and the
Flood Control District of Maricopa County
for the
Gila Bend Flooded Properties Acquisition 
IGA FCD 2025A004 
Agenda Item:__________________________
This Intergovernmental Agreement (Agreement) is entered into by and between the Town of 
Gila Bend, a municipal corporation and political subdivision of the State of Arizona, 
hereinafter called the TOWN, acting by and through its Common Council, hereinafter called 
the COUNCIL, and the Flood Control District of Maricopa County, hereinafter called the 
DISTRICT, a political subdivision of the State of Arizona, acting by and through its Board of 
Directors, hereinafter called the BOARD.  The TOWN and DISTRICT are hereinafter 
collectively called the PARTIES.  
This Agreement shall become effective as of the date it has become fully executed by the 
PARTIES. 
STATUTORY AUTHORIZATION
1.
The TOWN is empowered by Arizona Revised Statutes (A.R.S) Sections 11-951 
and 11-952, as amended, and A.R.S. Section 9-137, as amended, to enter into

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this Agreement and has authorized the undersigned to execute this Agreement 
on behalf of the TOWN.
2.
The DISTRICT is empowered by A.R.S. Section 48-3603, as revised, to enter into 
this Agreement and has authorized the undersigned to execute the Agreement 
on behalf of the DISTRICT.
3.
The DISTRICT was established in accordance with the provisions of A.R.S. Title 
48, Chapter 21, which requires the BOARD to identify flood problems and plan 
for the construction of facilities to eliminate or minimize flooding problems in 
Maricopa County.
4. The DISTRICT has, pursuant to statutory authority, obtained title or will seek to 
obtain title to certain real property located in the TOWN, which properties have 
been determined by the DISTRICT to be subject to flooding.
5. The TOWN has agreed to accept title to each of the properties acquired by the 
District, thereby relieving the DISTRICT from any long-term ownership and 
maintenance obligations.
BACKGROUND
6.
On August 13 and 14, 2021, rains in and around the Town of Gila Bend caused 
flooding of numerous homes and businesses.  A number of homes in the TOWN 
were heavily impacted by the flooding.
7. Certain property owners, or their representatives, pursued litigation against the 
TOWN and DISTRICT, which litigation has been settled. The DISTRICT will seek 
to obtain title to certain impacted properties as described on Exhibit A attached 
hereto and made a part hereof.

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8. In an effort to prevent damage from flooding in the future, the DISTRICT will 
seek to obtain title to certain additional real property in the TOWN, as described 
on Exhibit B attached hereto and made a part hereof.
PURPOSE OF AGREEMENT
9.
The purpose of this Agreement is to set forth the terms pursuant to which the 
DISTRICT will seek to acquire and convey, and the TOWN will accept, the 
properties identified on Exhibits A and B (the PROPERTIES), for which title has 
been obtained by the DISTRICT.
TERMS OF AGREEMENT
10. The DISTRICT shall be solely responsible for the voluntary acquisition of some 
or all of the PROPERTIES and to demolish any and all structures on any of the 
PROPERTIES acquired by the DISTRICT.
10.1 The DISTRICT’s obligations under this Agreement are contingent on the 
availability of funding. The DISTRICT shall determine the availability of funds 
under this Agreement and shall keep the TOWN fully informed as to the 
availability of funds. If funds are not available, the DISTRICT may suspend or 
terminate its obligations under this Agreement. 
11. During the DISTRICT’S acquisition process, the DISTRICT shall deliver written 
correspondence to all identified property owners that states, among other 
things: “The District is offering to purchase your property as part of a voluntary 
risk reduction program.  This offer is made to mitigate potential future flood 
hazards, not as an admission of liability or fault.  If you choose not to accept this 
offer, you acknowledge that you have been informed of the flood risk associated

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with the property, and that future damages or losses incurred due to natural 
flooding shall be at your own risk, unless caused by the negligent or unlawful 
conduct of others.” The DISTRICT shall provide the TOWN with copies of this 
written correspondence with the property owners.
12.  Prior to the DISTRICT’s acquisition of any property, the DISTRICT shall obtain a 
title report for the property and provide the same to the TOWN. If the TOWN 
determines that any encumbrance, restriction, easement, lien, covenant, or other 
matter of record that materially interferes with the intended use of the property 
for flood mitigation and/or open space preservation, the TOWN may elect not to 
accept the conveyance of that property. If the TOWN elects not to accept 
conveyance or fails to respond to the DISTRICT’s proposed acquisition of 
property within 14 days confirming its agreement, the DISTRICT shall have no 
obligation to acquire the property.     
13. Once the DISTRICT has obtained title and completed the demolition, the 
DISTRICT will transfer ownership of PROPERTIES to the TOWN, and the TOWN 
will assume responsibility for maintenance and operations of PROPERTIES.  
14. All deeds of conveyance of the PROPERTIES from the DISTRICT to the TOWN 
shall contain restrictions preventing any use of said PROPERTIES for any 
purpose but open space and flood control purposes and any recreational 
purposes the TOWN may elect to authorize, at its sole cost and expense, so long 
as that use is compatible with the properties’ open space and flood control 
designation, said restrictions shall be in the form provided in Exhibit C. 
15. The DISTRICT and the TOWN will each be responsible for its own administrative 
costs associated with this AGREEMENT. 
16. Any local permits required to complete this Agreement that are issued by either 
PARTY shall be issued at no cost.

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17. The TOWN will assist the DISTRICT in obtaining any permits required by or 
issued by the TOWN.
18. The PARTIES shall require any contractors selected in connection with this 
Agreement:
18.1 Warrant its compliance with all federal immigration laws and regulations 
that relate to employees and their compliance with A.R.S. Section 23-
214(A).
18.2 Agree that a breach of the warranty under paragraph 16.1 shall be deemed 
a material breach of contract and is subject to penalties up to and including 
termination of the contract.
18.3 Agree that the DISTRICT retains the legal right to inspect the papers of the 
contractor or subcontractor employee(s) who work(s) on this Agreement to 
ensure that contractor or subcontractor is complying with the warranty 
under paragraph 16.1.
19. The PROJECT PARTNERS agree that in the event of any breach or threatened 
breach of this Agreement, the non-breaching PROJECT PARTNER shall be 
entitled to seek specific performance or other equitable relief as the sole and 
exclusive remedy. The PROJECT PARTNERS expressly waive any right to seek or 
recover monetary damages, including direct, indirect, incidental, or 
consequential damages, for any such breach.  Each PROJECT PARTNER further 
agrees that it shall have no obligation to indemnify, defend, or hold harmless the 
other PROJECT PARTNER from or against any claims, losses, liabilities, costs, or 
damages, including attorneys’ fees, whether arising in contract, tort, or 
otherwise. In no event shall either PROJECT PARTNER be liable to the other for 
any claims or damages arising from or related to third-party claims, regardless 
of the form of action, whether in contract, tort, or otherwise.

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20. Each PARTY:
20.1 Shall comply with A.R.S. Sections 41-4401 and 23-214(A).  Failure by either 
PARTY to comply with A.R.S. Sections 41-4401 and 23-214(A) shall be 
deemed a breach of this Agreement and is subject to penalties up to and 
including termination of this Agreement.
20.2 Retains the legal right to inspect the records of the other PARTY and any 
contractors’ or subcontractors’ employees performing work under this 
Agreement to verify compliance with A.R.S. Sections 41-4401 and 23-
214(A).
21. All notices and demands upon any PARTY shall be in writing and shall be 
delivered in person, by express delivery service for which a receipt is obtained or 
sent by mail addressed as follows:
Flood Control District of Maricopa County Town of Gila Bend
Chief Engineer & General Manager
Town Manager
2801 West Durango Street
P.O. Box A
Phoenix, Arizona 85009-6399
Gila Bend, Arizona 85337
22. This Agreement shall expire either (a) four years form the date of execution by 
all PARTIES, or (b) upon completion of the transfer of ownership of 
PROPERTIES to the TOWN.  However, by mutual written agreement of the 
PARTIES, this Agreement may be amended or terminated except as expressly 
stated in this Agreement.  
23. This Agreement is subject to the provisions of A.R.S. Section 38-511.
24. Attached to this Agreement or contained herein are the written determinations 
by the appropriate attorneys for the PARTIES, that these agencies are

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authorized under the laws of the State of Arizona to enter into this agreement 
and that it is in proper form.
25. If legislation is enacted after the effective date of this Agreement that changes 
the relationship or structure of one or more PARTY, the PARTIES agree that this 
Agreement shall be renegotiated at the written request of either PARTY.
26. This Agreement is entered into solely for the benefit of the PARTIES and their 
respective permitted successors and assigns. Nothing in this Agreement, express 
or implied, is intended to or shall confer upon any other person or entity any legal 
or equitable right, benefit, or remedy of any nature whatsoever under or by reason 
of this Agreement. The PARTIES expressly agree that there are no third-party 
beneficiaries to this Agreement.

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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State
Recommended by:
___________________________________________
Paul Baughman, P.E., CFM 
Date
Chief Engineer and General Manager
Approved and Accepted:
By:
________________________________
Chairman, Board of Directors
Date:
Attest:
By:
________________________________
Clerk of the Board

IGA FCD 2025A004
PCN 702.24.39 
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Date:
The foregoing Intergovernmental Agreement FCD 2025A004 has been reviewed pursuant to 
A.R.S. Section 11-952, as amended, by the undersigned General Counsel, who has 
determined that it is in proper form and within the powers and authority granted to the 
Flood Control District of Maricopa County under the laws of the State of Arizona.
__________________________________
General Counsel
Date

IGA FCD 2025A004
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TOWN OF GILA BEND
A Municipal Corporation
Approved and Accepted By:
_______________________________
Tommy Sikes
Date
Mayor
Attest:
By:
________________________________
Beth Sanchez
Date
Town Clerk
The foregoing Intergovernmental Agreement FCD 2025A004 has been reviewed pursuant to 
A.R.S. Section 11-952, as amended, by the undersigned attorney who has determined that it 
is in proper form and within the power and authority granted the Town of Gila Bend under 
the laws of the State of Arizona.

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_________________________________
Allen H. Quist
Date
Town Attorney
EXHIBIT A
IGA FCD 2025A004
IMPACTED SETTLEMENT PROPERTIES FOR POSSIBLE ACQUISITION

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EXHIBIT A
IGA FCD 2025A004
IMPACTED SETTLEMENT PROPERTIES FOR POSSIBLE ACQUISITION
N

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EXHIBIT A
IGA FCD 2025A004
IMPACTED SETTLEMENT PROPERTIES FOR POSSIBLE ACQUISITION
No.
Item #
PCN
APN
Owner
Property Address
1
F00497
702.24.36
402-15-008A
402-15-008B
 402-15-009A
402-15-009B
402-15-010A
402-15-010B
402-15-011A
402-15-011B
Pena, Ana Maria
304 S CLEVELAND AVE
2
F00478
700.24.30
402-15-142 
402-15-143
Adolfo & Maria Granillo Trust
407 E LOCKE ST
3
F00479
700.24.31
402-15-003A
Campos, Joel/Erica A.
401 S S CLEVELAND AVE
4
F00480
700.24.32
402-14-020
402-14-021
Cansino, Gabriel
407 S CAPITOL AVE
5
F00481
700.24.33
402-14-057
402-14-058
402-14-059
402-14-060
402-14-061
Cantu, Jesus H
501 S MARTIN AVE (APN 402-14-057 - 402-14-059)
503 S CAPITOL AVE (APN 402-14-060 & 402-14-061)
6
F00482
700.24.34
402-15-038
402-15-037
Delacruz, Rchardo Nunez and 
Lillian
406 S BARNES AVE
7
F00483
700.24.35
402-15-133
402-15-134
402-15-135B
Gila Bend Lots LLC
509 S ST LOUIS AVE
8
F00484
700.24.36
402-14-031B
Gonzalez, Mary C
208 E LOCKE ST
9
F00485
700.24.37
402-14-062C
Hays, Mary A/Mendoza Elias Jr
523 S MARTIN AVE
10
F00486
700.24.38
402-15-044
402-15-043
Henry, Ruben R. & Felicitas 
408 E LOCKE ST
11
F00487
700.24.39
402-15-135A
402-15-136
402-15-137
Lopez, Jesus F/Maria E
515 S ST LOUIS AVE (APN 402-15-135A)
511 S ST LOUIS AVE (APN 402-15-136 & 402-15-137)
12
F00488
701.24.30
402-14-037
402-14-038
402-14-159B
402-14-158C
Maddox, Monica
505 S CLEVELAND AVE (APN 402-14-159B)
555 S CAPITOL AVE (APN 402-14-037 & 402-14-038)
13
F00489
701.24.30
402-15-158C
Maddox, Monica
505 S CLEVELAND AVE
14
F00490
701.24.31
402-14-055
402-14-056
Martinez, Candelaria
207 E LOCKE ST
15
F00491
701.24.32
402-15-146
402-15-147
402-15- 148
402-15-149
 402-15-150
Mascarenas, Manuel P & Carolline 
L
510 S BARNES AVE
16
F00492
701.24.33
402-14-039A
May, Donald D/Myrna
509 S CAPITOL AVE
17
F00493
701.24.34
402-14-027
402-14-028
402-14-029
402-14-030
402-14-024
402-14-025
402-14-026
Mendez Family Trust
350 S CLEVELAND AVE (APN 402-14-024 - 402-14-026)
404 S CLEVELAND AVE (APN 402-14-027 - 402-14-030)
18
F00494
701.24.35
402-14-031A
402-14-032A
402-14-033A
402-14-034A
Mendez, Vicente Jr./Angelica
207 E LOCKE ST
19
F00495
701.24.36
402-15-155D
402-15-155E
Miranda J Santos Murillo
307 E LOCKE ST (APN 402-15-155D)
309 E LOCKE ST (APN 402-15-155E)
20
F00496
701.24.37
402-14-062D
Murrieta, Denice/Reina Francisco
521 S MARTIN AVE
21
F00506
702 24 37
402-15-206B
402-15-207B
Rascon Maria T Evans
403 EFREMONTST

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EXHIBIT B
IGA FCD 2025A004
ADDITIONAL PROPERTIES FOR POSSIBLE ACQUISITION
25
F00502
702.24.32
402-14-062A
402-14-063A
402-14-064A
402-14- 065A
402-14-066A
Torrez, Joseph M/Adele
517 S MARTIN AVE
26
F00503
702.24.33
402-14-022
402-14-023
Toupin, Ramona A/Stefanie R
417 S CAPITOL AVE
27
F00504
702.24.34
402-15-144
402-15-145
Vega, Shannon R
407 E LOCKE ST
28
F00505
702.24.35
402-18-005
Wurzauf, Betty L
102 S SHORT RD
29
F00507
702.24.38
402-15-012
402-15-013
402-15-014
402-15-015
Granillo, Gilbert & Hernandez, 
Ramos S. Maria H.
NO ADDRESS FOUND

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EXHIBIT B
IGA FCD 2025A004
ADDITIONAL PROPERTIES FOR POSSIBLE ACQUISITION

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EXHIBIT B
IGA FCD 2025A004

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ADDITIONAL PROPERTIES FOR POSSIBLE ACQUISITION

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Gila Bend Acquisition and Relocation Project
Exhibit C
WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department 
2801 W. Durango St
Phoenix, AZ 85009
EXEMPT A.R.S. § 11-1134, A.3
IGA FCD xxx.xxx.xxx
___________/__________
DEED
The FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of 
the State of Arizona, GRANTOR, for the sum of Ten Dollars ($10.00) and other valuable 
consideration, receipt and sufficiency of which are hereby acknowledged, paid by THE TOWN 
OF GILA BEND, GRANTEE, by this Deed does grant, sell and convey unto GRANTEE, all 
that certain real property situated in the County of Maricopa, State of Arizona, described as 
follows:
FXXXX, Recording #, Recording Date
FXXXX, Recording #, Recording Date 
FXXXX, Recording #, Recording Date 
FXXXX, Recording #, Recording Date
FXXXX, Recording #, Recording Date 
FXXXX, Recording #, Recording Date
FXXXX, Recording #, Recording Date 
FXXXX, Recording #, Recording Date 
FXXXX, Recording #, Recording Date
FXXXX, Recording #, Recording Date 
The GRANTOR hereby conveys unto GRANTEE all warranties of title for its acts and not the 
acts of others, of any nature whatsoever.
This property is conveyed subject to assessments, reservations, easements, rights-of-way, and deed 
restrictions as may appear on record.
As required by A.R.S. § 48-3603.I, if all or a part of this property is subsequently sold by 
GRANTEE as undeveloped property for a price exceeding the original sale price, the GRANTOR 
shall be paid the difference between the original price and the subsequent sale price.

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The property shall be used by GRANTEE only for the purpose of open space, flood control 
purposes and any recreational purposes the GRANTEE may elect to authorize so long as the use 
is compatible with the properties’ open space and flood control designation, and for no other 
purpose. Should the property cease to be used for any of the permitted purposes within 500 years 
from the date of the deed, in accordance with A.R.S. § 14-2901, title to the property shall 
automatically revert to the GRANTOR.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE(S) FOLLOW

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GRANTEE: The Town of Gila Bend 
By: Signer’s Name
Its: Mayor
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA
)
The foregoing instrument was acknowledged before me the
day of 
, 20
, by 
, its Mayor, of The Town of Gila Bend.
My Commission Expires
Notary Public (Signature)
Notary Stamp Seal

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RECOMMENDED FOR APPROVAL:
APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT OF
BOARD OF DIRECTORS OF 
MARICOPA COUNTY 
FLOOD CONTROL DISTRICT OF 
MARICOPA COUNTY 
Paul Baughman,
Chairman of the Board
Chief Engineer and General Manager
Alex Smith, 
ATTEST:
Director, Real Estate Department
Clerk of the Board
Date
Approved as to form and within the powers 
and authority of the Board of Directors:
Deputy County Attorney
Date