2015G007C DRAFT RANCHER AGREEMNT AMEND NO. 3_MPB 08-17-22 TRR 081922.DOC
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2015G007C
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Agreement FCD2015G007
Amendment 3 PCN: 310.01.30
KEITH M. FLAKE
412 South Main Street
Snowflake, Arizona 85937
AMENDMENT NO. 3 TO AGREEMENT
between the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
and
KEITH M. FLAKE
AGREEMENT FCD 2015G007C
AGENDA ITEM: C-XX-XX-XXX-XX
This Amendment is entered into by FLOOD CONTROL DISTRICT OF MARICOPA COUNTY (“DISTRICT”),
and KEITH M. FLAKE (“FLAKE”).
It is mutually agreed that the above numbered Agreement is amended as set forth in Exhibit 1, attached hereto and
incorporated by reference. Deletions are indicated by strikethrough (e.g. text). Additions are indicated by italics (e.g.
text). All other terms and conditions of the Agreement shall remain in full force and effect. This Amendment becomes
effective on the date it is executed by both parties.
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EXHIBIT 1
The parties agree to amend Agreement FCD2015G007 as follows:
Reference Original Agreement: RECITALS: WHEREAS;
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 performed
Phase 1 Construction of the planned 3 PROJECT Phases within the PROPERTY, an area over which FLAKE
has leasehold rights. During Phase 1 construction certain FLAKE ranching facilities were removed and others
adversely impacted under this original agreement and have not been restored; and
WHEREAS, FLAKE uses the PROPERTY for the grazing of cattle, but will be unable to do so during the
period of construction by the DISTRICT; and
WHEREAS, FLAKE uses the PROPERTY for the grazing of cattle, but will be unable to fully utilize those
rights during a period of PROJECT non-construction for up to 3- years; and
WHEREAS, Federal cost share funding is subject to time limitations and timely construction of the
rehabilitation project is necessary to maximize the Federal cost share; and
WHEREAS, the timing of additional Federal cost share funding to complete the Vineyard Road FRS Rehab
Project (PROJECT) is unknown thereby causing uncertainty in the timing of Phase 2 PROJECT Construction
and Phase 3 PROJECT Construction; and
WHEREAS, to accommodate the need of the DISTRICT for exclusive rights to the PROPERTY during
construction, FLAKE has agreed to surrender any and all rights he possesses over the PROPERTY during the
period of construction.
WHEREAS, in lieu of the DISTRICT restoring FLAKE full rights and fully replacing previously removed and
adversely impacted permanent ranching facilities, FLAKE has agreed to surrender rights he possesses over the
PROPERTY with the exception of temporary facilities and use of the PROPERTY as indicated and provided for
in this Agreement Amendment No.1, during a period of non-construction for up to 3-years.
Reference Original Agreement: RECITALS: NOWTHEREFORE;
2. FLAKE does hereby waive any and all property rights he has or may have in and over the PROPERTY for a period
of three (3) years, commencing on the date this Agreement becomes fully executed.
2. FLAKE does hereby waive any and all property rights he has or may have in and over the PROPERTY for a period
of three (3) years with the exception of grazing of cattle and related temporary facilities as described herein,
commencing on the date this Agreement Amendment No.3 becomes fully executed.
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3. As consideration for said waiver, FLAKE shall be paid the sum of Seventy Thousand and no/100 ($70,000.00)
Dollars within thirty (30) days of the date this Agreement becomes fully executed. On the first anniversary of the date
the Chairman of the Board of Directors of the DISTRICT executes this Agreement, FLAKE shall be paid an
additional sum of Seventy Thousand and no/100 ($70,000.00) Dollars. On the second anniversary of the date the
Chairman of the Board of Directors of the DISTRICT executes this Agreement, FLAKE shall be paid an additional
sum of Seventy Thousand and no/100 ($70,000.00) Dollars. If prior to the date that is the third anniversary of the date
the Chairman of the Board of Directors of the DISTRICT executes this Agreement the DISTRICT shall notify
FLAKE in writing that the DISTRICT is extending the period of the waiver by FLAKE for an additional year, on the
third anniversary of the date the Chairman of the Board of Directors of the DISTRICT executes this Agreement,
FLAKE shall be paid as additional consideration an additional sum of Seventy Thousand and no/100 ($70,000.00)
Dollars. If such written notice is provided and the payment of the additional consideration is made, this Agreement
shall be deemed to have been extended for an additional year.
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 three (3) years, or until construction starts for the
PROJECT, whichever occurs first. The first payment shall be paid within thirty (30) days of the date this Agreement
Amendment No.3 becomes fully executed. Future payments shall be paid on the anniversaries of the date this
Agreement Amendment No.3 became fully executed.
Upon the commencement of this Agreement Amendment No.1, the DISTRICT shall provide the following:
A. Provide funding (not to exceed $13,100) for a new solar submersible pump which includes a pump, controls,
fittings, solar components and all related appurtenances capable of pumping water from an existing storage
tank to existing metal drinker tanks onsite.
B. Provide funding (not to exceed $14,800) for a new water delivery and distribution system which includes
pipelines, fitting, valves and all related appurtenances necessary to distribute water from the pump to existing
metal tanks.
C. Provide funding (not to exceed $900) for one-time repairs for an existing pump, which includes repairing all
necessary controls and related features necessary to pump water from the CAP to the existing storage tank.
D. Purchase, furnish and install new protective pipe sleeves at designated locations over the existing Vineyard
Road Dam.
Upon the commencement of this Agreement Amendment No.1, FLAKE may graze cattle on the PROPERTY that is
currently fenced off from cattle grazing and FLAKE shall:
A. Order all temporary ranching facility materials inclusive of; a new solar pump, one time repair of existing
solar pump, water distribution system and water delivery system.
B. For the duration of the agreement, provide for/perform all labor for the; installation, testing and operation and
maintenance (inclusive of any needed repair materials and parts) of existing temporary ranching facilities and
additional facilities to include; a new submersible solar pump and existing solar pump system, water
distribution system and water delivery system. The new solar pump will be owned by the DISTRICT and
returned to the DISRICT when no longer needed by FLAKE under this agreement.
D. Maintain fences that are currently restricting PROPERTY access as determined by FLAKE to be needed for
cattle grazing on the PROPERTY.
4.
DISTRICT shall erect, during construction, a fence that will delineate the PROPERTY. Prior to the end of
this Agreement, DISTRICT shall remove said fence.
4. DISTRICT shall remove the District constructed fence that delineates the east PROJECT construction boundary
at the end of Phase 3 construction of the PROJECT.
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5. District shall provide up to four water service taps along a temporary construction water line along the east
boundary of the PROPERTY at locations mutually agreed upon by the DISTRICT, DISTRICT’S contractor, and
FLAKE to provide temporary water to FLAKE for watering cattle up to 1,500 gallons per day.
8. The consideration recited in this Agreement is to compensate FLAKE for the removal of all cattle from the
PROPERTY. Therefore, if any cattle remain on the PROPERTY, DISTRICT shall have no liability to FLAKE for
any damage or loss that results from injury, death or destruction of any cattle within the PROPERTY.
9. FLAKE shall have the majority of the cattle removed from the PROPERTY by December 14, 2015 and will
coordinate with the Construction Manager at Risk on removing the remaining cattle once the fence is installed.
14. This Agreement shall remain in effect for four (4) years or until the District has completed the PROJECT,
whichever occurs first.
14. This Agreement shall remain in effect for three (3) years or until PROJECT construction is firmly scheduled to
start up again, at which time an additional amendment to this agreement is anticipated in order to once again remove
cattle grazing from the PROPERTY in order to allow for PROJECT construction. When such a future agreement
amendment is needed, the annual fee paid to FLAKE will be no less than the original annual fee under the original
agreement of $70,000 per year and potentially could be a greater amount subject to negotiations based on
justification documentation to be provided by FLAKE at the time.
15. This Agreement is subject to cancelation pursuant to A.R.S. 38-511.
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Michael A. Fulton
Date
Director
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing Amendment FCD 2015G007C to Agreement FCD 2015G007 has been reviewed 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.
Flood Control District General Counsel Date
2015G007C
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Keith M. Flake
Rancher
By:
Its:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA)
This foregoing Amendment FCD 2015G007C to Agreement FCD 2015G007 was acknowledged before me this ____ day
of ______________, 2022, by ________________________ on behalf of Keith M. Flake.
My Commission Expires:
________________________________
_____________________
Notary Republic