Supporting Document (82c7c98b...)

Item 1
cinoQyNGii
REPORT
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Meeting Date:
General Plan Element: 
General Plan Goal:
ACTION
July 2, 2026
Public Services and Facilities
Provide a safe environment for all citizens, visitors, and 
private interests
Adopt Resolution No, 13689 authorizing:
1. ^ The Mayor of the City of Scottsdale is authorized and directed to execute
Intergovernmental Agreement No, 2026-078-COS between the City of Scottsdale and 
the Flood Control District of Maricopa County in the estimated total project amount of 
$1,600,000 of which the City’s share is estimated to be $600,000.
2. The Mayor of the City of Scottsdale is authorized and directed to execute Development 
Agreement No. 2026-079-COS between the City of Scottsdale and Optima Camelview 
Village Condominium Association. This DA delegates the city’s financial responsibility to 
Optima Camelview Village Condominium Association making the city’s financial 
obligation for the project equal to zero.
3. A FY 2026/27 CIP Contingency appropriation transfer of up to $1,600,000 to a new 
capital project to be funded by the reimbursements from the Flood Control District and 
Optima Camelview Village Condominium Association, per their respective agreements.
Background
The purpose of this action is to authorize the City to enter into an intergovernmental 
agreement (IGA) Contract No. 2026-078-COS with the Flood Control District of Maricopa 
County (District) and to enter into a development agreement (DA) Contract No. 2026-079- 
COS for the Construction, Construction Management, and Operation and Maintenance for 
the Optima Camelview Village Drainage Improvement Project.
The Optima Camelview Village Condominium Association will be the lead for the Project 
and the City of Scottsdale will coordinate the construction related activities with the Flood 
Control District of Maricopa County (District)).
The Optima Camelview Village Drainage Improvement Project will design and construct 
catch basins, storm drains and underground retention basins. Mitigate flooding due to 
undersized storm drain infrastructure. Underground retention is designed to retain the
Action Taken _
Blueink Bundle ID: TrT7tTZQMs

City Council Report | IGA with the Flood Control District of Maricopa County and DA 
with Optima Camelview Village Condominium Association for the Optima Camelview 
Village Drainage Improvement Project
100-year, 2-hour storm event volume of the contributory area to the existing catch basin. 
The catch basin will be Upgraded to provide capacity for this storm event.
The area is part of the Lower Indian Bend Wash [LIBW] Area Drainage Master Study/Plan 
(ADMS/P), a regional study sponsored by the Flood Control District of Maricopa County 
(FCDMC) which was completed in December 2017. The ADMP report identified five 
regional drainage improvement areas and eleven smaller localized drainage improvement 
areas. The Project is in one of the localized drainage improvement areas.
The Intergovernmental Agreement and the Development Agreement are only for the 
construction, construction management, operation, and maintenance of the Project which 
will construct catch basins, storm drains and underground retention basins. The project 
will mitigate flooding due to undersized storm drain infrastructure. The proposed Project 
elements are shown in Location Map, attached hereto and made a part hereof.
The total project cost is estimated to be $1.6 million. This amount is based on the best 
information available at the time of the execution of this IGA and the DA. Upon recognizing 
any anticipated increases to this estimated project cost, project partners shall communicate 
these anticipated increases and take appropriate actions to address the situation.
Under the terms of this IGA (Contract No. 2026-078-COS), the District will contribute $1.0 
million dollars towards the cost of Construction, Construction Management, and Operation 
and Maintenance of the project. The city Of Scottsdale’s cost share under this IGA is $0.6 
million dollars. However, the city has delegated this financial responsibility to Optima 
Camelview Village Condominium Association via the Development Agreement (Contract 
No. 2026-079-COS) between the City and Optima Camelview Village Condominium 
Association.
Signiflcant Issues to be Addressed
The Intergovernmental Agreement (Contract No. 2026-078-COS] identifies and defines the 
responsibilities of the District and the City for Project activities related to construction, 
construction management, operation, and maintenance. The Development Agreement 
(Contract No. 2026-079-COS] identifies and defines the responsibilities of the Optima 
Camelview Village Condominium Association and the City for Project activities related to 
construction, construction management, operaition and maintenance.
ANALYSIS & ASSESSMENT 
Recent Staff Action
Staff coordinated with the Flood Control District of Maricopa County to negotiate the 
required IGA for Construction, Construction Management, and Operation and Maintenance 
of the project. Furthermore, staff coordinated with the Optima Camelview Village
Page 2
Blueink Bundle ID: TrT7tTZQMs

City Council Report | IGA with the Flood Control District of Maricopa County and DA 
with Optima Camelview Village Condominium Association for the Optima Camelview 
Village Drainage Improvement Project
Condominium Association to negotiate the required DA for Construction, Construction 
Management, and Operation and Maintenance of the project.
Community Involvement
As necessary, targeted public meetings will be held with the Condominium Association and 
other impacted public in the vicinity of the project.
RESOURCE IMPACTS
Available funding
Per agreement with the Flood Control District [No. 2026-078-COS3, the City of Scottsdale's 
contribution is equal to $0.6 million dollars. However, the city has delegated this financial 
responsibility to Optima Camelview Village Condominium Association via a Development 
Agreement (Contract No. 2026-079-COS). Effectively, city has no financial obligation for 
this project.
Staffing, Workload Impact
The contract administrator responsible for enforcing all contract provisions following 
Section 16 of the Development Agreement Contract No. 2026-079-COS, will be Hasan 
Mushtaq, Floodplain Administrator, Planning and Development Services Department, City 
of Scottsdale. No additional staffing needs have been identified because of this action.
Future Budget Implications
The city will receive dedicated easements on the property where the project will be 
constructed, for the purposes of public benefit. The asset will be included in the city's list of 
assets, but the annual maintenance fall under Optima Camelview Village Condominium 
Association's responsibilities in perpetuity via a Development Agreement Contract No. 
2026-079-COS. Effectively, the city has no maintenance liability for the completed Project.
OPTIONS & STAFF RECOMMENDATION
Recommended Approach
Adopt Resolution No. 13689 authorizing:
1. The Mayor of the City of Scottsdale is authorized and directed to execute 
Intergovernmental Agreement No. 2026-078-COS between the City of Scottsdale and 
the Flood Control District of Maricopa County in the estimated total project amount of 
$1,600,000 of which the City's share is estimated to be $600,000.
2. The Mayor of the City of Scottsdale is authorized and directed to execute Development 
Agreement No. 2026-079-COS between the City of Scottsdale and Optima Camelview 
Village Condominium Association. This DA delegates the city's financial responsibility to
Page 3
Blueink Bundle ID: TrT7tTZQMs

City Council Report | IGA with the Flood Control District of Maricopa County and DA 
with Optima Camelview Village Condominium Association for the Optima Camelview 
Village Drainage Improvement Project
Optima Camelview Village Condominium Association making the city's financial 
obligation for the project equal to zero.
3. A FY 2026/27 CIP Contingency appropriation transfer of up to $1,600,000 to a new 
capital project to be funded by the reimbursements from the Flood Control District and 
Optima Camelview Village Condominium Association, per their respective agreements.
Proposed Next Steps
Upon approval by Council, the Floodplain Administrator will continue to work with the 
Flood Control District of Maricopa County and Optima Camelview Village Condominium 
Association to monitor all project costs during all phases of the Optima Camelview Village 
Drainage Improvement Project.
RESPONSIBLE DEPARTMENT(S)
Planning and Development Services Department.
STAFF CONTACT (S)
Hasan Mushtaq, Floodplain Administrator, hmushtaq@scottsdaleaz.gov
APPROVED BY
ScotSdk
Scott Selin, Budget Director
(For Financial Policies Compliance and Budget Appropriation) 
(480) 312-2603. sselin@scottsdaleaz.gov
6/15/26
Date
Michael Clack, Planning & Development Area Director 
(480) 312-7629. mclack(5)scottsdaleaz.gov
Fi/iq/7fi
Date
6>r0i 7^a’reauJ&
Erin Perreault, Planning & Development Services Senior Director 
(480) 312-7093. eperreault(5)scottsdaleaz.gov
6/15/26
Date
Greg Caton, City Manager
(480) 312-7759. gcaton@scottsdaleaz.gov
6/15/26
Date
Bluelnk Bundle ID; TrT7tTZQMs
Page 4

City Council Report | IGA with the Flood Control District of Maricopa County and DA 
with Optima Camelview Village Condominium Association for the Optima Camelview 
Village Drainage Improvement Project
ATTACHMENTS
1. Resolution No. 13689
2. Location Map
3. Contract No. 2026-078-COS
4. Contract No. 2026-079-COS
Page 5

RESOLUTION NO. 13689
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA 
COUNTY. ARIZONA AUTHORIZING THE MAYOR TO EXECUTE 
INTERGOVERNMENTAL AGREEMENT NO. 2026-078-COS BETWEEN THE CITY OF 
SCOTTSDALE AND THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY AND 
EXECUTE DEVELOPMENT AGREEMENT NO. 2026-079-COS BETWEEN THE CITY 
OF SCOTTSDALE AND OPTIMA CAMELVIEW VILLAGE CONDOMINIUM 
ASSOCIATION FOR THE OPTIMA CAMELVIEW VILLAGE DRAINAGE IMPROVEMENT 
PROJECT AND A CAPITAL CONTINGENCY APPROPRIATION TRANSFER OF UP TO 
$1,600,000 TO A NEW CAPITAL PROJECT.
WHEREAS, Arizona Revised Statutes Sections 11-951, et seq. provide that public agencies may 
enter into intergovernmental agreements for the provision of services or joint or cooperative action;
WHEREAS, Article 1, Section 3-1 of the City Charter of the City of Scottsdale authorizes the City 
to enter into intergovernmental agreements with various public agencies including public entities such as 
the Flood Control District of Maricopa County (“the District”); and
WHEREAS, the City of Scottsdale, and the District desire to enter into Intergovernmental 
Agreement No. 2026-078-COS for the Construction, Construction Management, Operation and 
Maintenance for the Optima Camelview Village Drainage Improvement Project; and
whereas, the City of Scottsdale, and Optima Camelview Village Condominium Association 
desire to enter into Development Agreement No. 2026-079-COS fpr the Construction, Construction 
Management, Operation and Maintenance for the Optima Camelview Village Drainage Improvement 
Project.
BE IT RESOLVED by the Council of the City of Scottsdale as follows:
Section 1. The Mayor of the City of Scottsdale is authorized and directed to execute 
Intergovernmental Agreement No. 2026-078-COS between the City of Scottsdale and the Flood Control 
District of Maricopa County in the estimated total project amount of $1,600,000 of which the City’s share 
is estimated to be $600,000.
Section 2. The Mayor of the City of Scottsdale is authorized and directed to execute Development 
Agreement No. 2026-079-COS between the City of Scottsdale and Optima Camelview Village 
Condominium Association. This DA delegates the city’s responsibilities and financial obligations under 
the IGA to Optima Camelview Village Condominium Association.
Section 3. A FY 2026/27 CIP Contingency appropriation transfer of up to $1,600,000 to a new 
capital project to be funded by the reimbursements from the Flood Control District and Optima Camelview 
Village Condominium Association, per their respective agreements.
19238021
Resolution 13689 
Page 1 of 2
ATTACHMENT 1

PASSED AND ADOPTED by the Couneil of the City of Scottsdale this____ day of July, 2026.
ATTEST: 
By:
Ben Lane, City Clerk 
APPROVED AS TO FORM: 
OFFICE OF THE CITY ATTORNEY
CITY OF SCOTTSDALE, an 
Arizona municipal corporation
By:_____________________
Lisa Borowsky, Mayor
Luis E. SantaeilafCity Attorney
By: Karen Tyler, Principal Assistant City Attorney
19238021
Resolution 13689 
Page 2 of 2

Exhibit A: Optima Camelview Village Drainage Improvements
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City of Scottsdale Contract Number 2026-078-COS
IGA FCD 2026A004
PCN 699.2631
PAGE 1 OF 1

Intergovernmental Agreement
for the
Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction 
Management and Operation and Maintenance
of the
Optima Camehiew Village Drainage Improvements 
between the 
City of Scottsdale 
and the
Flood Control District of Maricopa County
IGAFCD202(iA004 
Agenda Item_______________________
City of Scottsdale Contract Number 2026-078-COS
This Intergovernmental Agreement (this “Agreement”) is entered into by and between the Flood 
Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and 
throiagh its Board of Directors (the “DISTRICT”), and the City of Scottsdale, an Arizona municipal 
corporation, acting by and through its Mayor and CITY Council, (the “CITY”). The CITY and the 
District are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER.
This Agreement shall become effective as of the date it has been executed by all PROJECT 
PARTNERS.
STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statutes (A.RS.) § 48-3603, as revised, to 
entM into this Agreement and has authorized the undersigned to execute this Agreement on 
behalf of the DISTRICT.
2. The CITY is empowered by A.RS. § 9-240(B) and A.RS. §11-952, as amended, and the 
Scottsdale City Charter Section 3-1, to enter into this Agreement and has authorized the 
undersigned to execute this Agreement on behalf of the CITY.
BACKGROUND
3. On October 19, 2022 the Board of Directors of the DISTRICT (the Board) adopted Resolution 
FCD 2022R003 (C-69-23-G13-X-00) authorizing the DISTRICT to cost-share in projects 
recommended under the DISTRICT’S Small Project Assistance Program.
4. Under the DISTRICT’S Small Project Assistance Program for Fiscal Year 2026, the CITY 
proposed the Optima Camelview Village Drainage Improvements (the “PROJECT’^ to provide 
the following benefits:
4.1 Reduce the flood hazard to properties that have experienced historic flooding.
City of Scottsdale Contract Number 2026-078-COS
IGA FCD 2026A004
PCN699J6J1
ATTACHMENT 2
PAGE 1 OF 8

5. The PROJECT has been recommended by DISTRICT staff for the Fiscal Year 2026 program.
PURPOSE OF THE AGREEMENT
6. The purpose of this Agreement is to identify and define the responsibilities of the DISTRICT 
and the CITY for the design, rights-of-way acquisition, utility relocations, construction, 
constmction management, and operation and maintenance of the PROJECT.
TERMS OF AGREEMENT
7. The PROJECT shall mean the features required to accomplish the benefits enumerated in 
paragraph 4 of this Agreement Features of the PROJECT, as envisioned at the time of this 
Agreement, are represented in Exhibit A but are subject to change without amendment to this 
Agreement
8.
PROJECT DESIGN AND CONSTRUCTION COST shall mean the actual amoimt of money 
required to complete the flood control features of the PROJECT that are completed and 
invoiced by the CITY to the DISTRICT between July 1, 2025 and Jime 30, 2027.
8.1 The following costs are expressly excluded ftom the PROJECT DESIGN AND 
CONSTRUCTION COST shared under this Agreement
8.1.1 
Costs associated with rights-of-way acquisition, permitting, constmction 
management (including materials testing and survey work), operations and 
maintenance.
8.1.2 
Costs associated with multi-use, landscaping or aesthetic features.
8.1.3 
Costs associated with utility conflicts and utihty relocations.
8.2 The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $1,600,000, 
but is subject to change without amendment to this. Agreement.
9. The DISTRICT shall;
9.1 
Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION 
COST incurred and invoiced between July 1, 2025 and June 30, 2027, with the funding 
firom the DISTRICT limited to a maxhniim of $1,000,000 in accordance with the 
district’s Small Project Assistance Program. The DISTRICT’S current estimated 
funding share is $1,000,000. DISTRICT funds will be firom the DISTRICT’S secondary 
tax levy revenues and DISTRICT funding shall be contingent upon the availability of 
DISTRICT Capital Improvement Program Budget funding. This term shall not be 
amended.
9.2 
Reimburse the CITY per the terms of this Agreement within thirty (30) days of receipt of 
an approvable invoice from the CITY for its share of the PROJECT DESIGN AND 
CONSTRUCTION COST.
9.3 
Participate in a final inspection of the completed PROJECT with the CITY.
City of Scottsdale Contract IVuinber2026-078-COS
IGA FCD 2026 A004
PCN699J6J1
PAGE 2 OF 8

10. The CITY shaU:
10.1 Fund the foil PROJECT DESIGN AND CONSTRUCTION COSTS not reimbursed by 
the DISTRICT, making the CITY’S estimated PROJECT DESIGN AND 
CONSTRUCTION COST share $600,000 and CITY will foUy fond all PROJECT costs 
for any work completed and invoiced before July 1, 2025 Or after June 30, 2027.
10.2 Fully and solely pay any payment required that does not fall within the definition of 
PROJECT DESIGN OR CONSTRUCTION COST.
10.3 Serve as the lead agency for all aspects of PROJECT implementation.
10.4 Invoice the DISTRICT as follows:
10.4.1 Within thirty (30) days of award of a PROJECT construction contract for bne-half 
(1 /2) of its share of the PROJECT DESIGN AND CONSTRUCTION COSTS.
10.4.2 Within thirty (30) days of completion of constmction of the PROJECT, but no later 
than June 30, 2027, prepare a final accounting including change order costs not 
previously paid, and invoice the DISTRICT for the remainder of its share of the 
PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date.
10.5 Reimburse the DISTRICT for any previous over-payments.
10.6 Design the PROJECT, provide PROJECT plans md specifications to the DISTRICT 
(including interim submittals as appropriate) for review and conament. The DISTRICT 
shall provide, within three (3) weeks of receipt of the plans and specifications from the 
CITY, comments on the plans and specifications, if any. The CITY shall incorporate the 
comments provided by the DISTRICT into the PROJECT as appropriate.
10.7 Coordinate and staff any necessary public involvement activities related to the PROJECT.
10.8 Obtain all permits required for the PROJECT.
10.9 Ensure all rights-of-way required for the PROJECT are available to construct project.
10.10 Relocate conflicting utilities.
10.11 Constmct the PROJECT, provide constmction management (indudiog materials testing 
and survey work), and provide any proposed constmction change orders to the 
DISTRICT for concurrence.
10.12 Coordinate a final inspection of the completed PROJECT with the DISTRICT.
10.13 After completion of PROJECT be responsible for operation and maintenance of the 
completed PROJECT. The maintenance activities to be performed indude, but are not 
limited to, maintaining the flood control function of the PROJECT, induding sediment 
and vegetation removal and any and all aesthetic, park, and public use features, 
maintenance of landscaping, irrigation, multi-use trails and berms, removal of trash and 
debris, dectridty and other operation costs for the facilities, vandalism repair and 
replacement, and stmctural repair and replacement of the flood control structures. The
City of Scottsdale Contract Number 2026-078-COS
IGA FCD 2026A004
PCN 699.26J1
PAGE 3 OF 8

CITY may delegate this responsibility to a third party but will remain ultimately 
accountable to the DISTRICT under this Agreement
10.14 On an annual basis, commencing on the first anniversary date of the completion and 
acceptance of the project, provide written notification to the DISTRICT that the project 
has been properly maintained by the CITY of Scottsdale over the past year in accordance 
with the project design intent and to ensure proper hydraulic function.
10.15 Require that any contractor selected for the PROJECT:
10.15.1 Warrant its compliance with all federal immigration laws and regulations that 
relate to its employees and their compliance wiA A.R.S. § 23-214(A).
10.15.2 Warrant and certify that it does not currently, and agrees for the duration of the 
contract that it will not, use;
The forced labor of ethnic Uyghurs in the People's Republic of China.
Any goods or services produced by the forced labor of ethnic Uyghurs in the 
People's Republic of China
Any contractors, subcontractors or suppliers that use the forced labor or any 
goods or services produced by the forced labor of ethnic Uyghurs in the People's 
Republic of China.
If the CITY becomes aware during the term of the Agreement that any 
Contractor is not in compliance with this paragraph, the CITY shall notify the 
DISTRICT witbdn five business days after becoming aware of the noncornpliance. 
Failure of CITY to provide a written certification that the appropriate contractor 
has remedied the noncompliance within one hundred eighty (180) days after 
notifying the public entity of its noncompliance, this Agreement shall terminate 
unless the Term of this Agreement shall end prior to said one hundred eighty 
(180) day period. Warrant its compliance with all federal immigration laws and 
regulations that relate to its employees and their compliance with A.R.S. § 23- 
214(A);
10-15.3 Agree that a breach of the warranty under paragraph 10.15.1 shall be deemed a 
material breach of contract and is subject to penalties up to and including 
termination of the contract;
10.15.4 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 10.15.1;
11. Any local permits required for the PROJECT that are issued by either PROJECT PARTNER 
shall be issued at no cost to the PROJECT.
12. Either PROJECT PARTNER may, with written notice of all PROJECT PARTNERS, delegate 
responsibilities to another party. Any delegation, however, shall not relieve the delegating 
PROJECT PARTNER of its original responsibilities as defined herein.
City of Scottsdale Contract Number 202d-078-COS
IGAFCD2026A004
PCN 699.26J1
PAGE 4 OF 8

13. Each PROJECT PARTNER certifies that it has disclosed to the other PROJECT PARTNER 
any known ongoing or anticipated litigation (to which it is a party) related to the PROJECT or 
PROJECT-affiliated flooding ha2ards, and shall continue to make such disclosures through the 
duration of this Agreement
14. In the case of any dispute over any items in this Agreement, the PROJECT PARTNERS agree 
to use their best efforts and enter into good faith negotiations to resolve the disputed matters. 
However, this shall not limit the rights of the PROJECT PARTNERS to seek any r^edies 
provided by law.
15. Each PROJECT PARTNER shall take reasonable and necessary actions within its authority to 
ensure that only storm water is discharged into the PROJECT, and that such discharges into the 
PROJECT comply at the poiat of discharge with any applicable requirements of the U.S. 
Environmental Protection Agency, Clean Water Act, Arizona Pollutant Discharge Elimination 
System or any other applicable discharge reqdrements, including any permit requirements.
16. The PROJECT PARTNERS agree to equally share the cost of a PROJECT compliance and cost 
audit to be initiated within sixty (60) days of PROJECT completion, if requested by either 
PROJECT PARTNER. An ind^endent auditing firm on contract to the DISTRICT and 
agreeable to the PROJECT PARTNERS will perform the audit Any payments or 
reimbursements necessary to bring the PROJECT into compliance with the audit findings shall 
be made within 45 days of acceptance by all PROJECT PARTNERS of the audit report.
17. Each PROJECT PARTNER (indemnitor) shall, to the extent permissible by law, indemnify, 
defend and save harmless the others (indemnitees) including agents, officersi directors, governors 
and employees thereof, from and against any loss or expense incurred as a result of any claim or 
suit of any nature whatsoever, which arises out of indemnitor’s negligent or wrongful acts or 
omissions pursuant to this Agreement. The CITY shall further, to the extent permissible by. law, 
indemnify, defend and save harmless the DISTRICT including agents, officers, directors, 
governors and employees thereof, from and against any loss or expense incurred as a result of 
any claim or sxiit of any nature whatsoever, which arises out of recreational use of the PROJECT 
in the event that it elects to invite such use (with or without DISTRICT concurrence). Such 
indemnification obligations shall encompass any personal injury, death or property damages 
resulting from the indemnitor’s negligent or wrongful acts or omissions, as well as reasonable 
attorney fees, court costs, and other expenses relating to the defense against; claims or litigation, 
incurred by the indemnitee. Indemnitee shall be liable for its own negligence or wrongful acts as 
provided by law.
18. Each PROJECT PARTNER
18.1 Shall comply with A.R.S. §§ 41-4401 and 23-214(A). Failure by either PROJECT 
PARTNER to comply with A.RS. §§ 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 the 
Agreement
.18.2 Retains the legal right to inspect the records of the other PROJECT PARTNER’S and any 
contractors’ or subcontractors’ employees performing work under this Agreement to 
verify compliance with A.R.S. §§ 41-4401 and 23-214(A).
City of Scottsdale Contract Number 2026-078-COS
IGA FCD 2026A004
PCN 699^6 J1
PAGES OF8

19. All notices or demands upon any PROJECT PARTNER shall be in writing and shall be 
delivered in person, by egress delivery service for which a receipt is obtained or sent by mail 
addressed as follows:
Flood Control District of Ivkricopa County 
Chief Engineer and General Manager 
2801 West Durango Street 
Phoenix, Arizona 85009-6399
Qty of Scottsdale 
QtyManager
7447 E. Indian School Road, Suite 300 
Scbttsdale,iAZ 85251
20. This Agreement shall expire either (a) June 30, 2027, or (b) upon both completion of the 
PROJECT and satisfaction of all funding obligations and reimbursements associated with this 
Agreement, whichever is the first to occur. However, by mutual written agreement of all 
PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly 
stated in this Agreement. The operation aind maintenance and indemnificatibn provisibns of this 
Agreement shall survive the expiration of this Agreement
21. This Agreement is subject to the provisions of A.R.S. § 38-511.
22. Attached to this Agreement or contained herein are the written determinations by the 
appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under 
die laws of the State of Arizona to enter into this Agreement and that it is in proper form.
23. If legislation is enacted after the effective date of this Agreement that changes the relationship or 
structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this 
Agreement shall be renegotiated at the written request of either PROJECT PARTNER.
City of Scottsdale Contract Number 2026-07g-CC)S
IGAFCD2026A004
PCN 699J6J1
PAGE 6 OF 8

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
A Political Subdivision of the State of Arizona
Recommended by:
Chief Engineer and General Manager Date
Approved and Accepted:
By:
Chair, Board of Directors 
Date
Attest
By:
Qerk of the Board
Date
The foregoing Intergovernmental Agreement FCD 2026A004 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
City of Scottsdale Contract Number 2026M)7g-COS
IGA FCD 2026A004
PCN 699.26J1
PAGE7 0F8

CITY OF SCOTTSDALE 
A Municipal Corporation
Approved and Accepted By;
Lisa Borowsky, Mayor
Date
Attest
By:
Ben Lane, City Clerk
Date
The foregoing Intergovernmental Agreement FCD 2026A004 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 to the Qty of Scottsdale under the laws of the State 
of Arizona.
OFFICE OF THE CITY ATTORNEY
Luis Santaella, City Attorney Date 
By Karen Tyler, Principal Assistant City Attorney
City of Scottsdale Contract Number 2026-078-COS
IGA FCD 2026A004
PCN 699.26J1
PAGE 8 OF 8

Exhibit A: Optima Camelview Village Drainage Improvements
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City of ScQtt^ale Coatract Number 2026-07S-COS
IGAFCD2026A004
PCN 699J6 J1
PAGE 1 OF 1

WHEN RECORDED, MAIL TO;
CITY OF SCOTTSDALE 
ONE STOP SHOP/RECORDS 
7447 E. Indian School Road, Suite 100 
Scottsdale, AZ 85251
Contract No. 2026-079-COS
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement") is entered into between 
Optima Camelview Village Condominium Association, an Arizona nonprofit corporation 
(“Optima”) and the City of Scottsdale, Arizona, a municipal corporation (the "City"), each 
individually referred to as Party and collectively referred to as the Parties.
RECITALS
This Agreement is predicated upon the following:
A. 
Optima is the condominium unit owners’ association responsible for the operation 
and maintenance of real property located at 7198 E. Rancho Vista Dr. Scottsdale, 
AZ 85251 (APN 173-33-900A) on behalf of the owners of the real property 
pursuant to the Second Amended and Restated Declaration of Condominium for 
Optima Camelview Village Condominium: recorded as Instrument No. 2006- 
0046948 in the official records of Maricopa County, Arizona.
B. 
Arizona Revised Statutes ("A.R.S.") §9-500.05, authorizes City to enter into a 
development agreement with a landowner or any other person having an interest in 
real property located in the City.
C. 
Optima is responsible for the construction, operation and maintenance of a 
stormwater facility pursuant to Scottsdale City Code Section 37-54.
D. 
The City finds that facilitating Optima’s construction, operation and maintenance 
of a stormwater facility is in the best interest of the City to enhance stormwater 
flow within that area of the City.
E. 
The City applied for a grant from the Flood Control District of Maricopa County 
(“District”) to partially fund construction of the Optima stormwater system, known 
as the Optima Camelview Village Drainage Iniprovements (the “Project”).
F. 
The District and the City will be required to enter into an Intergovernmental 
Agreement, in substantially the same form as Exhibit A, setting forth the terms for 
the design, rights-of-way acquisition, utility relocations, construction, construction
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ATTACHMENTS

management, and operation and maintenance of the Project, as well as, the 
reimbursement of up to 75% of the Project’s design and construction costs not to 
exceed $1,000,000.00.
G. The Parties wish to assign and delegate all of the City’s rights, liabilities and 
responsibilities under the IGA FCD 2026A004 (Contract No. 2026-XXX-COS) to 
Optima, except as otherwise set forth herein.
AGREEMENTS
NOW, THEREFORE, and in consideration of the above, the promises set forth in this 
Agreement, and other good and valuable consideration, the receipt and sufficiency of which the 
Parties acknowledge, the Parties agree as follows:
1. 
Recitals. The recitals set forth above are acknowledged by the Parties to be true 
and correct and are incorporated herein by reference.
2. 
Project Plans. Optima shall submit Project plans and specifications to the City prior 
to commencement of construction. Project plans shall comply with Scottsdale Code Section 37-53 
and the Design Standards & Policies Manual (DSPM). The City shall in turn submit the plans to 
the District for review and comment. Optima shall incorporate the comments provided by the 
District and the City into the Project.
3. 
Costs Incurred Outside of the IGA term. Optima shall be solely responsible for and 
bear all costs associated with the Project incurred outside of the allowable time frame as set forth 
in IGA FCD 2026A004 between the City and the District.
4. 
Permits. Optima shall obtain all permits required for the Project. Optima shall be 
responsible for the cost of all permits except those issued by the District or the City .
5. 
Utilities. Optima shall, at its sole cost, relocate any conflicting utilities.
6. 
Bond Requirements. Optima shall, throughout the term of this Agreement, maintain 
a bond in the amount of Two Million dollars ($2,000,000) (the “Bond”) as an assurance of full 
performance of the construction of the Proj ect. The Bond shall be provided by an issuer satisfactory 
to the City, comply with applicable City standards, policies and procedures, and shall contain 
provisions and be in a form approved by the City’s Attorney and Risk Management Division. 
Optima shall not have the power to interfere with the City’s obtaining or using the funds or other 
benefits associated with the Bond.
7. 
Project Design and Construction Costs. Project Design and Construction Costs 
shall mean the actual amount of money required to complete the flood control features of the 
project that are completed between July 1, 2025 and June 30, 2027 and are eligible for 
reimbursement.
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7.1 Excluded Costs. The following costs are expressly excluded from the Project Design 
and Construction Cost, are not eligible for reimbursement, and are the sole responsibility of 
Optima:
7.1.1 
Costs associated with rights-of-way acquisition, permitting, construction 
management (including materieils testing and survey work),. operations and 
maintenance.
7.1.2 
Costs associated with multi-use, landscaping or aesthetic features.
7.1.3 
Costs associated, with utility conflicts and utility relocations.
7.2 
Chan PC Orders. Optima shall submit all change orders to the City who will in turn
submit the change orders to the District for approval.
8. 
Reimbursement. Optima shfdl fund the full Project Design and Construction Costs 
not reimbursed by the District and shall fully and solely pay any payment required that does not 
fall within the definition of Project Design and Construction Costs in IGA FCD 2026A004 
(Contract Number 2026-XXX-COS) between the City and the District.
8.1 Optima shall invoice the City as folloivs:
8.1.1 
Within thirty (30) days of award of a PROJECT construction contract for
one-half (1/2) of its share of the Project Design,and Construction Costs.
8.1.2 
Within thirty (30) days of completion of construction of the Project, but no 
later than May 30, 2027, prepare a final accounting including change order costs not previously 
paid.
9. 
District Funding Availability. Should the District fail to fund any portion of the 
Project for any reason including termination of the IGA or lack of District fimds, the City shall not 
be responsible for any Project Design and Construction Costs incurred by Optima.
10. 
Drainage Easement. Within 30 days of the Effective Date of this Agreement, 
Optima shall grant the City a non-exclusive drainage easement, on a form acceptable to the City, 
to allow the City to inspect the Project in accordance vtith Scottsdale Code Section 37-70 mid abate 
any violations in accordance with Scottsdale Code Section.37-84. Optima,shall reimburse the City 
for all costs incurred by the City for the abatement and restoration of the Project. The City shall 
have a lien on the property for all costs not reimbursed by Optima within thirty (30) days of being 
invoiced by the City.
11. 
Project Ownership. The completed Project shall be owned by the Optima owners 
and Optima shall be responsible for operation and maintenance of the completed Project on behalf 
of the owners.
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12. 
Project Maintenance. Optima shall comply with Scottsdale Code Sections 37-54 
and 37-77. Additionally, Optima shall perform maintenance including, but not limited to, 
maintaining the flood control function of the Project, including sediment and vegetation removal 
including ensuring that no deep rooted trees are allowed with the Project, and any and all aesthetic, 
park, and public use features, maintenance of landscaping, irrigation, multi-use trails and berms, 
removal of trash and debris, electricity and other operation costs for the facilities, vandalism repair 
and replacement, and structural repair and replacement of the flood control structures. At no time, 
shall any use of the Project area be allowed that may have an adverse impact on the quality of the 
stormwater.
13. 
Project Audit. If an audit of the Project is requested by the District, Optima shall be 
solely responsibly for all costs owed by the City to the District for the cost of the audit.
Project:
14. Project Contractors. Optima shall require that any contractor selected for the
14.1.1. Warrant its compliance with all federal immigration laws and regulations 
that relate to its employees and their compliance with A.R.S. §23-214(A).
14.1.2. Warrant and certify that it does not currently, and agrees for the duration 
of the contract that it will.not, use:
The forced labor of ethnic Uyghurs in the People's Republic of China.
Any goods or services produced by the forced labor of ethnic Uyghurs in the 
People's Republic of China.
Any contractors, subcontractors or suppliers that use the forced labor or any 
goods or services produced by the forced labor of ethnic Uyghurs in the People's 
Republic of China.
If Optima becomes aware during the term of the Agreement that any Contractor 
is not in compliance with this paragraph. Optima shall notify the City within five 
business days after becoming aware of the noncompliance. Failure of Optima to 
provide a written certification that the appropriate contractor has remedied the 
noncompliance within one hundred eighty (180) days after notifying the public 
entity of its noncompliance, this Agreement shall terminate unless the Term of 
this Agreement shall end prior to said one hundred eighty (180) day period.
14.1.3. Agree that a breach of the warranty under paragraph 14.1.1 shall be 
deemed a material breach of contract and is subject to penalties up to and 
including termination of the contract.
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14.1.4. Agree that the City 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 11.
15. 
Right of Access. Optima shall grant the City and District access to the Project area 
to conduct inspections.
16. 
City Administration Costs. Optima shall reimburse the City for the costs incurred 
by the City to administer the Project grant and this Agreement. After the City expends any ftmds 
to advance the Project or Optima otherwise becomes indebted to the City under this Paragraph, 
Optima shall repay such amounts within thirty (30) days of notice and billing by the City in 
accordance with Paragraph 21.1. After thirty (30) days, any unpaid amount shall bear interest at 
the rate of one and five-tenths percent (1.5%) per month.
17. 
Indemnification. Optima shall to the extent permissible by law, indemnify, defend 
and save harmless the City including agents, officers, directors, governors and employees thereof, 
from and against any loss or expense incurred as a result of any claim or suit of any nature 
whatsoever, which arises out of indemnitor’s negligent or wrongful acts or omissions pursuant to 
this Agreement. Optima shall further, to the extent permissible by law, indemnify, defend and 
save harmless the City including agents, officers, directors, governors and employees thereof, from 
and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, 
which arises out of recreational use of the Project in the event that it elects to invite such use (with 
or without City concurrence). Such indemnification obligations shall encompass any personal 
injury, death or property damages resulting from the indemnitor’s negligent or wrongful acts or 
omissions, as well as reasonable attorney fees, court costs, and other expenses relating to the 
defense against claims or litigation, incurred by the indemnitee. Indenmitee shall be liable for its 
own negligence or wrongful acts as provided by law.
18. 
Amendments or Cancellation of the Agreement. This Agreement may be amended 
or canceled, in whole or in part only with the mutual written consent of City and Optima. Within 
ten (10) days after any such amendment or cancellation of this Agreement is fully executed by all 
Parties, the amendment or cancellation shall be recorded by City in the Official Records of 
Maricopa Coxmty, Arizona.
19. 
Term. The term of this Agreement begins on the Effective Date and, if not sooner 
terminated or extended by the written agreement of the Parties, shall remain in full force and effect 
until automatically terminated on December 31, 2027, unless extended by subsequent agreement 
prior to such termination.
20. 
Relationship of the Parties. This Agreement and the transactions and performances 
contemplated hereby shall not create any sort of partnership, joint venture or similar relationship 
between the Parties.
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21. General Provisions.
21.1. Notices.
21.1.1 ■ Manner of Serving. All notices, filings, consents, approvals and 
other communications provided for herein or required to be given in connection herewith 
("Notices") shall be validly given, filed, made, delivered or served in writing and delivered 
personally, sent by registered or certified United States Postal Service Mail, return receipt 
requested, postage prepaid, or via overnight delivery service to:
If to the City:
With a copy to:
City of Scottsdale
7447 E. Indian School Rd., Suite 125 
Scottsdale, Arizona 85251 
Attn: Hasan Mushtaq 
Email: hmushtaq@.scottsdaleaz.gov
City of Scottsdale 
3939 Drinkwater Boulevard 
Scottsdale, Arizona 85251 
Attn: City Attorney’s Office 
Email: ktvler@scottsdaleaz.gov
If to Optima:
7147 E. Rancho Vista Dr., B9 
Scottsdale, AZ, pa, 85251 
Attn: General Manager
Community Manager 
Email: mpedersen@AssociatedAsset.com: 
mmilani@AssociatedAsset.com
Or to such other addresses as either Party may from time to time designate in writing and 
deliver in a like manner. Any such change of address notice shall be given at least ten (10) days 
before the date on which the change is to become effective.
The Party providing notice pursuant to this Paragraph shall also provide an electronic copy 
of such notice at the electronic mail addresses listed above or to that electronic mail address known 
at the time such notice is provided. However, notice given by electronic mail or facsimile will not 
be considered valid notice.
21.2. 
Mailing Effective. Notices given by mail shall be deemed delivered 
seventy-two (72) hours following deposit in the U.S. Postal Service, in the manner set forth above.
21.3. 
Waiver. No delay in exercising any right or remedy shall constitute a 
waiver thereof and no waiver by the Parties of the breach of any provision of this Agreement shall 
be construed as a waiver of any preceding or succeeding breach of the same or any other provision
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Contract No. 2026-079-COS

of this Agreement.
21.4. 
Attorneys' Fees and Costs. If legal action by either Party is brought because 
of a breach of this Agreement or to enforce a provision of this Agreement, the prevailing Party is 
entitled to reasonable attorneys' fees and court costs.
21.5. 
Counterparts. This Agreement may be executed in counterparts, each of 
which shall be deemed an original but all of which together shall constitute one and the same 
instrument.
21.6. 
Headings. The description headings of the paragraphs of this Agreement 
are inserted for convenience only and shall not control or affect the meaning or construction of 
any of the provisions of this Agreement.
21.7. 
Entire Agreement. This Agreement constitutes the entire agreement 
between the Parties. This A^eement shall not be changed or added to except in the manner 
provided in Paragraph 18. All prior and contemporaneous agreements, representations and 
understandings of the Parties, oral or written, other than specifically incorporated herein by 
reference, are superseded by this Agreement.
21.8. 
Severability. If any provision of this Agreement is declared void or 
unenforceable, the provisions shall be severed from this Agreement, which shall otherwise remain 
in full force and effect, provided that the overall intent of the Parties is not materially vitiated by 
such severability.
21.9. .Governing Law. This Agreement is entered into in Arizona and shall be 
construed and interpreted under the laws of the State of Arizona. The Parties agree that venue for 
any action commenced in cormection with this Agreement shall be proper only in a court of, 
competent jurisdiction located in Maricopa County, Arizona, and the Parties hereby waive any 
right to object to such venue.
21.10. Default Remedies. Failure or unreasonable delay by either Party to perform 
or otherwise act in accordance with any term or provision of this Agreement for a reasonable time 
after written notice thereof from the other Party in accordance with Paragraph 21.1 shall constitute 
a default under this Agreemeiit. The notice shall specify the nature of the alleged default and the 
maimer in which said default may be satisfactorily cured, if possible. In the event such default is 
not cured within a reasonable time, the non-defaulting Party shall be entitled to all remedies 
available at both law and in equity, including specific performance.
21.11. Authority. Optima represents and warrants that it is a corporation duly 
formed and validly existing under the laws of the State of Arizona and is qualified to transact 
business in the State of Arizona and that the individual executing this Agreement on behalf of 
Optima is authorized and empowered to do so.
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Contract No. 2026-079-COS

21.12. Third Party Beneficiaries. There are no third-party beneficiaries to this
Agreement.
21.13. Cancellation. This Agreement is subject to the cancellation provisions of 
A.R.S. §38-511.
21.14. No Liability of City Officials and Employees. No member, official, 
representative or employee of City shall be personally liable to any party, or to any successor in 
interest to any party, in the event of any default or breach by City or for any amount which may 
become due to any party or successor, or with respect to any obligation of City or otherwise under 
the terms of this Agreement or related to this Agreement.
21.15. Integration. This Agreement constitutes the entire agreement between the 
Parties with respect to the subject matter hereof and supersedes any prior agreement, 
xmderstanding, negotiation, draft agreements, discussion outlines, correspondence and memoranda 
or representation regarding the Project.
21.16. Construction. Whenever the context of this Agreement requires, the 
singular shall include the plural, and the masculine shall include the feminine. This Agreement 
was negotiated on the basis that it shall be construed according to its plain meaning and neither for 
nor against any party, regardless of their respective roles in preparing this Agreement. The terms 
of this Agreement were established in light of the plain meaning of this Agreement and this 
Agreement shall therefore he interpreted according to its plain meaning and without regard to rules 
of interpretation, if any, which might otherwise favor Optima or City.
21.17. Survival of Covenants. Warranties and Indemnifications. All covenants, 
representations, warranties and indemnifications contained in this Agreement shall survive the 
execution and delivery of this Agreement, all conveyances contemplated by this Agreement, and 
the rescission, cancellation, expiration or termination of this Agreement for any reason.
21.18. No Additional Warranties. Each Party has been assisted by independent 
counsel of its own choosing and has been fully apprised of all risks associated with this Agreement 
and the transactions contemplated herein. City has made no representation, warranty, guaranty or 
inducement of any kind in connection with this Agreement. Without limitation. City has made no 
representation, warranty, guaranty or statement of inducement regarding the value of any property, 
right or interest; title to any property or interest therein; the tax consequences of any transaction or 
the availability; the unavailability (and the benefits or lack of benefits) of any alternative 
transaction structure; or the enforceability of any provision of this Agreement under current or 
future laws. The risk that any provision of this Agreement shall be determined to be illegal, invalid 
or unenforceable in any respect shall rest with the party who is the intended beneficiary of any 
such provision.
21.19. Successors and Assigns. The provisions of this Agreement shall inure to 
the benefit of and be binding upon the Parties’ successors and assigns.
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Contract No. 2026-079-COS

21.20. Time of the Essence. Time is of the essence with respect to each obligation 
of each Party hereimder.
21.21. Contract Administrator. The Contract Administrator for this Agreement on 
behalf of City shall be Hasan Mushtaq.
Date.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
[END OF TEXT- SIGNATURE PAGE TO FOLLOW]
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Contract No. 2026-079-COS

OPTIMA CAMELVIEW VILLAGE CONDOMINIUM 
ASSOCIATION, INC., an Arizona 
corporation
By:
Name:
Its:
STATE OF ARIZONA 
County of Maricopa 
SUBSCRIBED AND SWORN to before me this
)
) ss 
)
day of
-5 .
a Arizona corporation.
2026 by 
of Optima,
My Commission Expires:
Notary Public
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Contract No. 2026-079-COS

CITY:
CITY OF SCOTTSDALE, an Arizona municipal 
corporation
ATTEST:
By:
Lisa Borowsky, Mayor
Ben Lane, City Clerk
STATE OF ARIZONA 
)
) ss
County of Maricopa 
)
SUBSCRIBED AND SWORN to before me this _
2026 by Lisa Borowsky, Mayor of the City of Scottsdale, Arizona, a municipal corporation.
day of
My Commission Expires:
Notary Public
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
—_______
Luis E. Santaella, City Attorney
By: Karen Tyler, Principal Assistant City Attorney
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Contract No. 2026-079-COS

EXHBIT A
Inteigovemmental Agreement 
for the
Design, Bights-of-Wny Acquisition, Utility Relocations, Construction, Construction 
Management and fetation and Maintenance 
of the
Optima Camelview Village Drainage Improvements 
betwem the 
City of Scottsdale 
and the
EHood Control District of Maricopa County
IGAFCD2026A004 
Agenda Item________ 1________________
City of Scottsdale Contr^t Number2026-078-COS
This Inteigovemmental Agreement (this "Agreement”) is entered into by and between the Flood 
Control District of,Maricopa County, a political subdivision of the State of Arizona, acting by and 
throu^ its Board of Eiriectors (the “DISTRICT”), and the Qty of Scottsdale, an Arizona muiiidpal 
corporation, acting by and throug)i its Mayor and CITY Coundl, (die “CITY”). The CITY and the 
District are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER.
This Agreement shall become effective as of the date it has been executed by all PROJECT 
PARTNERS.
STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statutes (AR.S.) § 48-3603, as revised, to 
enter into this Agreement and has authorized the undersigned to execute this Agreement on 
behalf of the DISTRICT.
2. The CITY is eti^iowered by A,R-S. § 9-240(B) and A.R-S. §11-952, as amended, and the 
Scottsdale City Qiarter Section 3-1, to enter into this Agreement and has authorized the 
undersigned to raecute this Agreement on behalf of the CITY.
BACKGROUND
3. On October 19, 2022 the Board of Directors of-the DISTRICT (the Board) adopted Resolution 
FCD 2022RD03 (C-69-23-013-X-00) authorizing the DISTRICT to cost-share in projects 
recommended under the DISTRICT'S Small Project Assistance Program.
4. Under the DISTRICT’S Small Project Assistance Program for Fiscal Year 2026, the CITY 
proposed the Optima Camelview Village Drainage Irriprovements (the ‘TROJECT”) to provide 
the following benefits:
4.1 Reduce the flood hazard to properties that have experienced historic flooding, 
qty of Scottsdale Contract Number 2026-07»-COS
IGAFCD2026A0(I4
PCN69MSJ1
PAGE ! OF 8
19242974
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Exhibit A
Contract No. 2026-079-COS

5. The PROJECT has been recommended by DISTRICT staff for the Fiscal Year 2026 program.
PURPOSE GF THE AGREEMENT
6. The purpose of Ais Agreement is to identify and define Ae responsibilities of Ae DISTRICT 
and Ae CITY for Ae design, rights-of-way acquisition, utility relocations, construction, 
cohstmction‘management,.and operation and maintenance of Ae PROJECT.
TERMS OF AGREEMENT
7. The PROJECT shall mean Ae features required to accomplish Ae benefits enumerated A 
paragraph 4 of this Agreement. Features of Ae PROJECT, as envisioned at Ae time of this 
Agreementi are represented m Exhibit A but are subject to change wiAout amendment to this 
Agreement
8. PROJECT DESIGN AND CONSTRUCTION COST shall mean Ae actual amount of money 
required to tunylete Ae flood control features ,of Ae PROJECT that are completed and 
invoiced by Ae CITY to Ae DISTRICT between July 1, 2025 and June 30, .2027.
8.1 
The following costs are expressly excluded from Ae PROJECT DESIGN AND 
CONSTRUCTION COST shared under this Agreement;
8.1.1 
Costs associated wiA ri^ts-of-way acquisition, permitting construction 
management (including materials testing and survey work), operations and 
maintenance.
8.1.2 
Costs associated wiA multi-use, landsCapmg or aesAetic features.
8.1.3 
Costs associated wiA utility conflicts and utility relocations.
8.2 
The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be,$1,600,000, 
but is Abject to change wiAout amendment to this Agreement
9. The DISTRICT shall:
9.1 
Fund.seventy-five percent (75%) of Ae PROJECT DESIGN AND CONSTRUCTION 
COST mcurred and mvoic^ between July 1, 2025 and June 30, 2027, wiA Ae funding 
from Ae DISTRICT limited to a maximum of $1,000,000 m accordance wiA Ae 
DISTRICT’S Small Project Assistance Program. The DISTRICT’S current estimated 
funding share is $1,000,000. DISTRICT funds will be from Ae DISTRICT’S secondary 
tax levy revenues and DISTRICT funding shall be contingent upon Ae availability of 
DISTRICT Capital Improvemmt Program Budget funding This term shall not be 
amended.
9.2 
Reimburse Ae CITY per Ae terms of this Agreement within thirty (30) days of receipt of 
an approvable mvoice from Ae CITY for its share of Ae PROJECT DESIGN AND 
CONSTRUCTION COST.
9.3 
Participate m a final mspection of Ae completed PROJECT wiA Ae CITY.
aiy of ScoUsdale Cbntract Number 20t6-07ltCOS
IGAPCD1026A004
PCN69W6J1
PAGE 2 OF 8
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Exhibit A
Contract No. 2026-079-COS

10. The aTY shaU:
10.1 Fund the fiJl PROJECT DESIGN.AND CONSTRUCTION COSTS not reimbursed by 
the DISTRICT, making the CITY’S estimated PROJECT DESIGN AND 
CONSTRUCTION COST share $600,000 and QTY ■will fully fund all PROJECT costs 
for any wodr completed and invoiced before July 1, 2025 or after June 30, 2027i
10:2 Fully and solely pay any payment requited that does not fall within the definition of 
PROJECT DESIGN OR CONSTRUCTION COST.
103 Serve as the lead agmcy for all aspects of PROJECT implementation.
10.4 Invoice the DISTRICT as follows:
10.4.1 Within thirty (30) days of award of a PROJECT construction contract for one-half 
(1/2) of its share of the PROJECT DESIGN AND CONSTRUCTION COSTS.
10.43 Within thirty (30) days of completion of construction of the PROJECT, but no later 
than June 30, 2027, prepare a final accounting including change order costs not 
previously paid, and invoice the DISTRICT for the remainder of its share of the 
PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date.
10.5 Reimburse the DISTRICT for any previous over-payments.
10.6 Desigp the PROJECT, provide PROJECT plans and specifications to the DISTRICT 
(including interim submittals as appropriate) for review and comment. The DISTRICT 
shall provide, within three (3) we^s of receipt of the plans and specifications from the 
CITY, comments on the plans and.spedfications, if any. The CITY shall incorporate the 
comments provided by the DISTRIGT into die PROJECT as appropriate.
10.7 Coordinate and staff any necessary pthlic involvement activities rdated.to the PROJECT.
10.8 Obtain all permits required for the PROJECT.
10.9 Ensure all ri^ts-of-way required for the PROJECT are,available to construct project
10.10 Relocate conflicting utilities.
10:11 Construct the PROJECT, provide constructionmanagement (indudingmaterials testing 
and survey work), and provide any proposed coristmction change orders to the 
DISTRICT for concurrence.
10.12 Coordinate a final inspection of the completed PROJECT with the DISTRICT.
10.13 After completion of PROJECT be responsible for operation and maintenance of the 
completed PROJECT. The maintenance activities to be performed include, but .are not 
limited to, maintaining the flood control function of the PROJECT, including sediment 
and vegetation removal and any and all aesthetic, park, and public use features, 
maintenance of landsc^ingi irrigation, rnultime trails and berms, removal of trash and 
debris, electricity and other operation costs for the facilities, vandalism repair and 
replacement, and structural repair and rqjlacement of foe flood control structures. The
dty of ScoUsdale Qiniract Niimber. 2026-078-COS
IGAFCD2026A004
PCN 699.26J1
PAGE 3 OF 8
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Exhibit A
Contract No. 2026-079-COS

CITY may delate this responsibility to a third party but will remain ultimately 
accountable to the DISTRICT urider this Agreement
10.14 On an annual baas, commencing on the first anniversary date of the conyletion and 
accqjtance of the project^ provide written notification to the DISTRICT that the project 
has been propedy maintained by ihe CITY of Scottsdale over the past year in a:(x:ordance 
with the project design intent and to ensure proper hydraulic function.
10:15 Require that any contractor selected for the PROJECT:
lO.lSil Warrant its compliance with all federal immigratibn laws and regulations that 
relate to its employees and their compliance with A.R.S. § 2S^214(A).
10.15:2 Warrant and certify that it does not currently, and agrees for the duration of the 
contract that it will not, use:
The forced labor of ethnic Uy^urs in the People's Republic of China.
Any goods or services produced by the forced labor of ethnic Uy^urs in the 
People's Republic of China
Any contractors, subcontractors or suppliers that use the forced labor or any 
gOods or services produced by the forced labor of ethnic Uygjiurs in the People's 
Republic ofChina.
If the CITY becomes aware during the term of the Agreement that any 
Contractor is not in compliance with this paragraph, the CITY shall notify the 
DISTRICT within five business days after becoming aware of the noncompliance. 
Failure of CITY to provide a written certification that the appropriate contractor 
has remedied the noncon^liance within one hundred eigjity (180) days- after 
notifying the public entity of its noncon^liance, this Agreement shall terminate 
uiJess the Term of this Agreement shall end prior to said one hundred eigjity 
(180) day period. Warrant its compliance with all federal immigration laws and 
r^jjlations that relate to its employees and their compliance with A.R.S. § 23- 
214(A);
10.15.3 Agfee that a breach of the warranty under paragraph 10.15.1 shall be deemed a 
material breach of contract and is subject to penalties up to and including 
termination of the contact;
10.15.4 Agree that the DISTRICT retains the l^^l ri^t to inspect the papers of the 
contractor or subcontractor employee(s) vrtio work(s) on this Agreement to 
ensure that contractor or subcontractor is complying with the warranty under 
paragraph 10.1511;
11. Any loc^ permits required for the PROJECT that are issued by either PROJECT PARTNER 
shall be issued at no cost to the PROJECT.
12. Either PROJECT PARTNER may, widi written notice of all PROJECT PARTNERS, delegate 
responsibilities to another party. Any delation, however, shall not relieve the delegating 
PROJECT PARTNER of its original responsibilities as defined herein.
aty of Scottsdale Contract Number 2I>26-07»^COS
IGAFCD2026A004
PCN 699.26 J1
PAGE 4 OF 8
19242974
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Exhibit A
Contract No. 2026-(j79-COS

13. Each PROJECT'PARTNER certifies that it has disclosed to the other PROJECT PARTNER 
any known ongping or anticipated litiggtion ,(to which it is a party) related to the .PROJECT or 
PROJEGT-affiliated flooding hazards, and shall continue to make such disclosures througja the 
duration of this Agreement.
14. In the case of any dispute over any items in this Agreement, the PROJECT PARTNERS agree 
to use their best efforts and enter into good faith n^oliations to resolve the disputed matters. 
However, this shall not limit the ri^ts of the PROJECT PARTNERS to seek any remedies 
provided by law.
15. Each PROJECT PARTNER shall take reasonable and necessary actions within its authority to 
ensure that only storm water is discharged into the PROJECT, and that such dischatges into the 
PROJECT comply at the point of discharge with any applicable requirements of the U.S. 
Environmental Protection Agency, Glean Water Act, Arizona. Pollutant Uischarge Elimination 
System or any other applicable discharge requirenients, including any permit requirements.
16. The PROJECT PARTNERS agree to equally share the cost of a PROJECT compliance and cost 
audit to be initiated within sixty (60) days of PROJECT con^letion, if requested by either 
PROJECT PARTNER An independent auditing firm on contract to the DISTRICT and 
agreeable to the PROJECT pArTNERS will perform the audit. Any payments or 
reimbursements necessary to bring the PROJECT into con^liance with the audit findings shall 
be made within 45 days of acceptance by all PROJECT PARTNERS of the audit report
17. Each PROJECT PARTNER (indemnitor) shall, to the extent permissible by law, indemnify, 
defend and save harmless the,others (indemnitees) including agents, officers, directors, governors 
and err^loyees thereof, from and against any loss or expense incurred as a result of any clairn or 
suit of any nature whatsoever^ which arises outtof indemnitor’s n^gerit or wrongful acts or 
omissions pursuant to fliis Agreement The CITY shall further, to the extent permissible by law, 
indemnify, defend and save harmless the DISTRICT including agents, officers, directors, 
governors and employees thereof, from and agriinst any loss or expense incurred as a result of 
any daim or suit of any nature whatsoever, which.arises out of recreational use of the PROJECT 
in the event that it elects to invite such use (with or without DISTRICT concurrence). Such 
indemnification obligations shall encompass any personal injury, death or property damages 
resulting from the indemnitor’s ne^gent or wrongful acts or omissions, as wdl as reasonable 
attorney fees, court costs, and other expenses relating to the defense against claims or liti^tion, 
incurred by die indemnitee. Indemnitee shall be liable for its ownne^gence or wrongful acts as
■ provided by law.
18. Each PROJECT PARTNER
18.1 Shall conyly with AR5. §§ 41-4401 and 23-214(A). Failure by either PROJECT 
PARTNER to corrply with A.RS. §§ 41-4401 and 23-214(A) shall be deemed abreach of 
this Agreement and is subject to penalties up to and induding termination of the 
AgtedmenL
18.2 Retains the le^ right to inspect the records of the other PROJECT PARTNER’S and any 
contractors’ or subcontractors’ employees performing work under this Agreement to 
verify compliance with A.RS. §§ 41-4401 and 23-214(A).
aty of Scottsdale Cbntract Number 2(tt6-07g-COS
IGA PCD 20264004
PCN699.26JI
PAGE 5 OF 8
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Exhibit A
Contract No. 2026-079-eOS

19. All notices or demands upon any PROJECT PARTNER 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 foUows;
Flood Control District of Maricopa County 
Chief Engineer .and General Manager 
2801 WestDurango Street 
Phoenix, Arizona 85009-6399
City of Scottsdale 
Qty Manager
7447 E. Indian School Road, Suite 300 
Scottsdale, AZ 85251
/ 20. This Agreement shall expire either (a) June 30, 2027, or (b) upon both corryletion of the 
PROJECT wd satisfaction of all funding obligations and reimbursements associated with this 
Agreementi whichever is the first to occur. However, by mutual written agreement of all 
PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly 
stated in this Agreement. The operation andmaintenance and indemnification provisions of diis 
Agreement shall survive the expiration of this Agreement
21. This Agreement is subject to the provisions of A.RS. §,38-511.
22. Attached to this Agreement or contained herein are the written determinations by the 
^propriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under 
the laws of the State of Arizona to enter into this Agreement and that it is in proper form.
23. If legjslation is enacted after the effective date of this Agreement that changes the relationship or 
structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this 
Agreement shall be renegotiated at the written request of either PROJECT PARTNER
19242974
aiy of Scottsdale Cbntract Number a026-078-COS
IGAFCD2026A004
PCN699J6J1
PAGES OF8
Page 6 of 9 
Exhibit A
Contract No. 2026-079-COS

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
A Political Subdivision of the State of Arizona
Recommended by:
ChiefEhgineer and General Manager Date
Approved and Accepted:
By:
Chair, Board of Directors 
Date
Attest
By:
Qerk of the Board
Date
The foregoing Intergovernmental Agreement FCD:2026A604 has been reviewed pursuant to A:R-S. 
Section 11-952, as amended, by the undersized Gaieral Counsel, who has. determined that it is in 
proper form arid within the powers and authority granted to the Hood Control District of Maricopa 
County under the laws of the State of Arizona.
General Counsel
Date
aty pr Scottsdale Cbntract Number 2026-078-005
1GAFCD2026A004
PCN699J6J1
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Exhibit A
Contract No. 2026-079-COS

CITY OF SCOTTSDALE 
A Municipal Coipoiadon
Approved and Accepted By;
Lisa Borcrwsky; Mayor
Date
Attest
By;
Ben Lane, City Clerk
Date
The foregoing Intergovernmental J^eement PCD 2026A004 has been reviewed pursuant to A.R;S. 
Section 11-952, as amended, by the undersigned attorney who has deterrhined that it is in proper 
form and within the power and authority granted to the City of Scottsdale under die laws of the State 
of Arizona.
OFnCE OF THE CITY ATTORNEY
laiis Santaella, Qty Attorney Date
By; Karen Tjder, Principal Assistant Qty Attorney
aty of Scottsdale Contract Wurober 2026-078-005
IGA FCD 20264004
PCN69W6Jt
PAGE 8 OF 8
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Exhibit A
Contract No. 2026-079-COS

Exhibit A: Optima Camelvicw Village Drainage Improvements
t)
O
o-Vista'D*
I
:2___-ilanch
n
(
Highland-Ave
oldwater-Blvd
Not to Scale
C Optima Camel View Village Project Area
Oly of Scothdolo Contract Number 2026-078rCOS
IGAFCD2026AI)04
PCN699JSJ1
PACE 1 OF 1
19242974
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Exhibit A
Contract No. 2026-079-eOS