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Agreement FCD2025G001
PCN: 3140.01.30
FCD Agreement 2025G001
KEITH M. FLAKE
412 South Main Street
Snowflake, Arizona 85937
AGREEMENT FCD 2025G001
between the
FLoop CONTROL DISTRICT OF MARICOPA COUNTY
and
KEITH M. FLAKE
Page} 1
AGREEMENT FCD 2025G001
AGENDA ITEM: C-XX-XX-XXX-XX
THIS AGREEMENT IS ENTERED INTO BY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
(“DISTRICT”), AND KEITH M. FLAKE (“FLAKE”). Tuts AGREEMENT BECOMES EFFECTIVE ON THE DATE IT
IS EXECUTED BY BOTH PARTIES.
FCD Agreement 2025G001 Page | 2
RECITALS
WHEREAS, FLAKE is the holder of Arizona State Land Department Grazing Lease #05-349-00 (ASLD LEASE),
which grants grazing rights to FLAKE for the property identified in the ASLD LEASE, including the lands as set
forth on Exhibit A attached hereto and made a part hereof (the PROPERTY); and
WHEREAS, DISTRICT is the holder of an easement granted by the Arizona State Land Department, which
easement grants to the DISTRICT the right to construct, operate, maintain, and reconstruct necessary flood control
structures within the easement area; and
WHEREAS, the property over which FLAKE holds said ASLD LEASE and the property over which the DISTRICT
has easement rights overlap; and
WHEREAS, by Resolution FCD 2008R019 dated February 25, 2009, the Board of Directors of the DISTRICT
authorized the rehabilitation or replacement of the Powerline, Vineyard Road, and Rittenhouse Flood Retarding
Structures, DISTRICT structures located within the easement area above referenced; and
WHEREAS, to complete construction authorized by said Resolution, the DISTRICT will be required to do
work within the PROPERTY, an area over which FLAKE has leasehold rights; and
WHEREAS, to complete construction authorized by said Resolution, the DISTRICT has completed Phase I
construction of the planned three phase Vineyard Road FRS Rehab Project (PROJECT) within the PROPERTY, an
area over which FLAKE has leasehold rights. Certain FLAKE ranching facilities were removed as needed for
Phasel construction under the original agreement FCD 2015G007 and have not been restored; and
WHEREAS, by letter “Vineyard Road FRS Dam Rehabilitation Project: DISTRICT Replacement of Removed
FLAKE Fencing and Gates” dated January 29, 2025, to FLAKE from the District, the DISTRICT has committed in
detail to replace FLAKE owned fencing and gates previously removed by the DISTRICT for dam rehab
construction purposes; and
WHEREAS, Funding to complete the PROJECT construction Phases 2 and 3 is unknown at this time and therefore
the construction period to restart and complete the PROJECT construction is also unknown at this time; and
WHEREAS, FLAKE will use the PROPERTY for the grazing of cattle, during what is expected to be an extended
period of no PROJECT construction under this Agreement No. FCD 2025G001; and
WHEREAS, in lieu of the DISTRICT at this time restoring FLAKE facilities previously removed by the DISTRICT
and, mitigating adverse impact by the DISTRICT to FLAKE stock ponds;
i. FLAKE will operate and maintain existing temporary facilities as needed for his cattle grazing activities.
2. FLAKE retains any and all property rights he has or may have in and over the PROPERTY for the duration of
this Agreement which will be a period of no PROJECT construction commencing on the date this Agreement
becomes fully executed.
3. Upon the commencement of this Agreement the DISTRICT agrees to pay FLAKE the sum of Fifty-Seven
Thousand and no/100 ($57,000) Dollars per year for a period of five (5) years commencing in December 2025,
unless this Agreement is terminated for any of the following conditions: (i) this Agreement is replaced by an
agreement for PROJECT construction; or (ii) ASLD LEASE expires and is not renewed; or (iii) the ASLD
FCD Agreement 2025G001 Page |3
LEASE is terminated, whichever occurs first. Annual payments under this Agreement shall be paid in December
of each subsequent year and shall be prorated in the event this Agreement is terminated early.
4, Upon the commencement of this Agreement, the DISTRICT agrees to pay FLAKE the sum of Three
Thousand Six Hundred Sixty-Eight and 50/100 ($3,668.50) Dollars as reimbursement for the solar water pump,
installation in the Crossover Black Poly Water Storage Tank, and pump extended warranty. This pump shall be
owned by the DISTRICT and returned to the DISTRICT by FLAKE at the termination of this Agreement or at a
time if no longer needed for FLAKE operation of temporary FLAKE facilities during the period of this
Agreement.
5. All notices, invoices, payments, filings, consents, approvals, and other communications provided herein or
given in connection herewith shall be validly given, filed, made, delivered, or served if in writing and delivered
personally, delivered by commercial courier service or sent by certified United States Mail, postage prepaid,
return receipt requested to:
Flood Control District of Maricopa County Keith M. Flake
Chief Engineer and General Manager 412 South Main Street
2801 West Durango Street Snowflake, Arizona, 85937
Phoenix, Arizona, 85009
6. This Agreement shall be subject to cancellation by the DISTRICT pursuant to the terms of A.R.S. 38-511.
7. This Agreement may be amended or modified only upon mutual written agreement of both of the parties to
this Agreement.
8. This Agreement shall be binding on the successors and assigns of the parties hereto and may not be assigned
by either party without prior notice to and approval of the other party to the Agreement, and such approval shall
not be unreasonably withheld. This Agreement shall apply to any and all subleases by FLAKE on the
PROPERTY.
9. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter
hereof. All prior and contemporaneous agreements, representations, and understandings of the parties, oral or
written, are hereby superseded, and merged herein.
FCD Agreement 2025G001 Page | 4
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
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 Date
The foregoing Agreement FCD 2025G001 has been teviewed pursuant to Paragraph 15 herein 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.
District General Counsel Date
FCD Agreement 2025G001 Page | 5
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA )
\A {
This foregoing Agreement FCD 2025G001 was acknowledged before me this \ day of Aori\ , 2025,
by Naiog. Yeidhen on behalf of Keith M. Flake.
My Commission Expires: OD . VDeple\)
OLA.
ltd Notary Pugic ty
PAIGE ROGERS y
Notary Public - Arizona
Navajo County
Commission 9 621220
My Comm, Expires Feb 14, 2026
FCD Agreement 2025G001 Page | 6
FCD 2025G001
EXHIBIT “A”
US 60
BASELINE AVE.
POWERL
FRS
[RONWOOD ROAD
vq
il
i
ij
it
FODMC
EASEMENT
—
VINEYARD
ROAD FRS
“THE PROPERTY”
FLAKE
wA
LEASE
CONSTRUCTION
ZONE EXCLUSION
FROM GRAZING
2600 +/- FEET EAST
OF VINEYARD
ROAD FRS
FCD Agreement 2025G001
=o
-/
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