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65. STREET IMPROVEMENTS MAINTENANCE AGREEMENT MH-11016 WITH THE CITY OF PHOENIX FOR THE DOWNTOWN COURT TOWER PROJECT Approve an Agreement between City of Phoenix, (MH-11016) and Maricopa County through the Facilities Management Department, for the purpose of maintenance, repair and replacement of distinguishing features located adjacent to the Downtown Court Tower building at 101 West Madison Street, Phoenix, Arizona. The distinguishing feature consists of Decorative Concrete in the sidewalk located on Madison Street on the east side of 3rd Avenue. The City of Phoenix agrees to maintain, repair and replace the features in the same manner as normal City improvements except that at least 15 calendar days prior to commencing any type of work, the City will notify the County of the planned work including a work schedule. if the County elects, it may at its own expense, perform the work scheduled by the City. In the Agreement, the County and the City of Phoenix agree to indemnify each other for claims relating to the distinctive feature. The County agrees to be responsible for primary loss, investigation, defense, and judgment costs where the indemnification of the City is applicable, and the City agrees to be responsible for primary loss, investigation, defense, and judgment costs where the indemnification of the County is applicable. This agreement is non-financial and is effective from August 31, 2011 until cancelled at will per A.R.S. Sec. 38-511. (C-91-12-035-3-00)