19.11.19 IGA MARICOPA COUNTY CUSD LA PAGLIA PROPERTY - CLEAN.DOCX

When recorded, return to:
City Clerk
City of Chandler
P. O. Box 4008, Mail Stop 606
Chandler, AZ 85244-4008
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CHANDLER
AND
MARICOPA COUNTY
AND
CHANDLER UNIFIED SCHOOL DISTRICT NO. 80
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into this 12th
day of December, 2019 (“Effective Date”), by and between the CITY OF CHANDLER, an
Arizona municipal corporation (“City”), MARICOPA COUNTY, a political subdivision of the
State of Arizona (“County”), and CHANDLER UNIFIED SCHOOL DISTRICT NO. 80, a
political subdivision of the State of Arizona located in Maricopa County (“District”). City,
County, and District are referred to collectively in this Agreement as “Parties” and each may be
referred to individually as a “Party.”
RECITALS
A. Arizona Revised Statutes §§ 11-951 through 11-954 authorize the Parties to enter
into this Agreement.
B. The Chandler City Council has passed and adopted a resolution authorizing the
Mayor of the City of Chandler to execute this Agreement on behalf of City.
C. The Maricopa County Board of Supervisors has passed and adopted a resolution
authorizing the Chairman of the Maricopa County Board of Supervisors to execute this Agreement
on behalf of County.
D. District’s governing board has passed and adopted a resolution authorizing the
District Superintendent to execute this Agreement on behalf of District.
E. District has acquired approximately 72.9 acres of undeveloped property located
generally at 22651 S. Gilbert Road in Chandler, and identified as parcels 304-74-015A, 304-74-

014B, and 304-74-014C in the records of the Maricopa County Assessor (the “Property”) on
which District intends to construct and operate a public high school (“School”). The location of
the Property is more fully described in the legal description attached to this Agreement as Exhibit
“A”.
F. District will apply to City for annexation and initial zoning of the Property in
conjunction with its plan to build the School. District wishes to develop the Property according to
City’s design and construction standards.
G. Although the Property is currently within County’s jurisdiction, County has agreed
to allow City to inspect plans, issue permits, conduct building inspections, and otherwise serve as
the reviewing authority pursuant to applicable building codes as if City has already annexed the
Property.
NOW, THEREFORE, in consideration of the mutual promises and representations set forth
in this Agreement, including without limitation the Recitals, the Parties agree as follows.
AGREEMENT
1. County agrees to allow City’s design standards and construction codes to govern
the Property. County assigns to City the authority to conduct all oversight of the development of
the Property as if already within City’s jurisdiction. This includes, but is not limited to, the
following development related government functions: 1) pre-construction plan review; 2) issuance
of construction permits and certificates of occupancy; 3) construction inspection; and 4) any other
appropriate City approvals, all in accordance with applicable City codes.
2. District agrees that the Property will be subject to City’s construction codes. District
shall comply with all applicable requirements for submission and approval of a preliminary and
final plat and site plan as may be required by the Chandler City Code, shall obtain appropriate City
permits for all work that it intends to undertake on the Property, shall perform such work in
compliance with applicable Chandler City Code requirements, construction codes, and technical
design manuals, and shall pay all applicable fees to City. City and District acknowledge that
District is exempt from zoning and land use requirements under Chapter 35 of the Chandler City
Code, provided, however, pursuant to the City’s site plan review and approval process, the District
will seek input from the City regarding landscaping on-site and will provide the City information
regarding on-site traffic circulation so that the City can determine the impact on off-site traffic
circulation.
3. Term. The term of this Agreement shall commence on the Effective Date and shall
continue until City issues all final approvals and acceptances for construction related to the School
in accordance with all applicable City codes, or until the annexation of the Property is completed,
whichever is later.
4. Notices. Unless otherwise specifically provided in this Agreement, or unless
written notice of a change of address has been previously given under this Section, all notices,
demands or other communication given hereunder shall be in writing and shall be deemed to have
been duly delivered upon (A) personal delivery, (B) delivery by a recognized overnight courier
2

(e.g., Fedex, UPS) for next business day delivery, or (C) as of the fifth business day after mailing
by United States certified mail, postage prepaid, addressed as follows:
To City: Development Services Director
City of Chandler
P. O. Box 4008
Mail Stop 405
Chandler, AZ 85244-4008
Phone: (480) 782-3410
With a copy to: Chandler City Attorney
P.O. Box 4008
Mail Stop 602
Chandler, AZ 85244-4008
Phone: (480) 782-4640
To District: Chandler Unified School District #80
1525 West Frye Road
Chandler, Arizona 85224
ATTN: Dr. Camille Casteel
Phone: (480) 812-7660
With a copy to: William J. Sims
Sims Mackin, Ltd
3101 North Central Avenue, Suite 870
Phoenix, Arizona 85012
To County: Maricopa County Planning and Development Department
501 N. 44th Street, Suite 200
Phoenix, AZ 85008
With a copy to: Maricopa County Attorney
222 North Central, Suite 1100
Phoenix, AZ 85004
5. Disputes. Arizona law shall govern this Agreement and any dispute arising out of
this Agreement.
5.1. The Parties agree that they will attempt to resolve any dispute through
nonbinding mediation before a mediator selected jointly by them. In the event that Parties cannot
agree upon the selection of a mediator, they may request that the presiding judge of the Maricopa
County Superior Court appoint a mediator. The cost of any such mediation shall be divided equally
between the Parties. The mediator shall not have the right to award punitive damages. The results
of the mediation shall be nonbinding, and any Party shall have the right to pursue all legal and
3

equitable remedies available to it 30 days after conclusion of the mediation, subject to any
extensions agreed to by the Parties in writing.
5.2. The Parties agree that the statute of limitations applicable to any litigation
commenced under this Agreement shall be tolled during the period beginning with a request by
either Party for mediation until 30 days after the conclusion of the mediation (or the Party’s refusal
to participate in mediation), subject to any extensions agreed to by the Parties in writing.
6. This Agreement shall be governed by and construed under the laws of the State of
Arizona. This Agreement is subject to the provisions of A.R.S. § 38-511. This Agreement shall
be deemed made and entered into in Maricopa County, Arizona.
7. City and CUSD (each as an “Indemnitor”) agree to indemnify, defend, and
hold harmless all other Parties, including County (each as an “Indemnitee”) from and against any
and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees)
(hereinafter collectively referred to as “Claims”) arising out of bodily injury of any person
(including death) or property damage, but only to the extent that such Claims which result in
vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or
volunteers. The extent of the indemnity contained in this paragraph is limited to those Claims that
arise out of or are related to the subject matter of this Agreement.
8. The Parties believe that the execution, delivery, and performance of this Agreement
are in compliance with all applicable laws. However, in the unlikely event that any provision of
this Agreement is declared void or unenforceable (or is construed as requiring a Party to do any
act in violation of any applicable constitutional provision, law, regulation, code, or charter), such
provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain
in full force and effect; provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably possible in such a manner so that the reformed Agreement (and any related
agreements effective as of the same date) provide essentially the same rights and benefits
(economic and otherwise) to the Parties as if such severance and reformation were not
required. The Parties further agree, in such circumstances, to perform all such acts as reasonably
requested by the other Party from time to time and to execute all amendments, instruments, and
consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed.
9. The failure of any Party to exercise any right, power, or remedy given to it under
this Agreement, or to insist upon strict compliance with it, shall not constitute a waiver of the terms
and conditions of this Agreement with respect to any other or subsequent breach, nor a waiver by
either Party of its rights at any time to require exact and strict compliance with all of the terms of
this Agreement.
10. This Agreement constitutes the entire Agreement between the Parties with respect
to its subject matter, and all agreements, oral or written, entered into prior to this Agreement are
revoked and superseded by this Agreement. This Agreement may not be changed, modified, or
amended, except in writing, signed by all Parties, and any attempt at oral modification of this
Agreement shall be void and of no effect. This Agreement may be executed in any number of
4

counterparts, each of which shall be deemed an original, and all of which, when taken together,
shall constitute one and the same instrument.
11. In the event of any dispute between the Parties in connection with this Agreement,
the Party prevailing in such action or proceeding (excluding mediation) shall be entitled to recover
from the other Party all of its costs and fees, including reasonable attorneys' fees; provided,
however, that no such awarded amount shall be payable until (A) the court in question has made a
finding that one or the other Party is the “prevailing party” in such proceeding, and (B) a final
order of judgment is entered by a court of competent jurisdiction for which any time for appeal
has expired without appeal, or where applicable, the mandate of an appellate court of competent
jurisdiction shall issue.
12. Any action brought to interpret, enforce, or construe any provision of this
Agreement shall be commenced and maintained in the Superior Court of the State of Arizona in
and for the County of Maricopa (or, as may be appropriate, in the Justice Courts of Maricopa
County, Arizona, or in the United States District Court for the District of Arizona, if, but only if,
the Superior Court lacks or declines jurisdiction over such action). The Parties irrevocably consent
to jurisdiction and venue in such courts for such purposes and agree not to seek transfer or removal
of any action except in accordance with the terms of this Section.
13. It is not intended by this Agreement to, and nothing contained in this Agreement
shall, create any partnership, joint venture or other arrangement between the Parties. No term or
provision of this Agreement is intended to, or shall, be for the benefit of any person, firm,
organization, or corporation not a Party hereto, and no such other person, firm, organization, or
corporation shall have any right or cause of action hereunder.
14. Attached to this Agreement and incorporated by reference is the written
determination of each Party’s legal counsel that each Party is authorized under the laws of the State
of Arizona to enter into this Agreement and that the Agreement is in proper form.
15. City shall record a fully-executed copy of this Agreement in the Office of the
Maricopa County Recorder.
5

IN WITNESS WHEREOF, the Parties have executed this Agreement on this ____ day of
_____________, 2019.
CITY OF CHANDLER CHANDLER UNIFIED SCHOOL
DISTRICT NO. 80
By ______________________________ By ______________________________
Mayor Kevin Hartke District Superintendent
ATTEST: ATTEST:
By ______________________________ By _______________________________
City Clerk Clerk of the Board
MARICOPA COUNTY
By ______________________________
Chairman, Maricopa County Board of
Supervisors
ATTEST:
By ______________________________
Clerk of the Board of Supervisors
6

APPROVAL OF THE MARICOPA COUNTY ATTORNEY
Pursuant to Arizona Revised Statutes § 11-951 through § 11-954, I have reviewed the
foregoing intergovernmental agreement between Chandler Unified School District No. 80,
Maricopa County, and the City of Chandler, and declare this Agreement to be in proper form and
within the powers and authority granted to the County under the laws of the State of Arizona.
No opinion is expressed as to the authority of the other Parties to enter into this Agreement.
DATED this __________ day of ________________, 2019.
__________________________________
Deputy County Attorney
7

APPROVAL OF THE CHANDLER CITY ATTORNEY
Pursuant to Arizona Revised Statutes § 11-951 through § 11-954, I have reviewed the
foregoing intergovernmental agreement between Chandler Unified School District No. 80,
Maricopa County, and the City of Chandler, and declare this Agreement to be in proper form and
within the powers and authority granted to the City under the laws of the State of Arizona.
No opinion is expressed as to the authority of the other Parties to enter into this Agreement.
DATED this __________ day of ________________, 2019.
__________________________________
Kelly Y. Schwab
Chandler City Attorney
8

APPROVAL OF CHANDLER UNIFIED SCHOOL DISTRICT COUNSEL
Pursuant to Arizona Revised Statutes § 11-951 through § 11-954, I have reviewed the
foregoing intergovernmental agreement between Chandler Unified School District No. 80,
Maricopa County, and the City of Chandler, and declare this Agreement to be in proper form and
within the powers and authority granted to the District under the laws of the State of Arizona.
No opinion is expressed as to the authority of the other Parties to enter into this Agreement.
DATED this __________ day of ________________, 2019.
Sims Mackin, Ltd
By _________________________________
William J. Sims, III
Counsel for Chandler Unified School
District
9

Exhibit “A”
Legal Description of Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
PARCEL NO. 1:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 2
SOUTH, RANGE 6 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA;
EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 19;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST
LINE OF SAID SECTION 19, A DISTANCE OF 1323.80 FEET TO THE NORTHWEST
CORNER OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, AS
CALLED FOR IN A SURVEY MADE BY CARL D. WECKERLY, REGISTERED LAND
SURVEYOR, IN SEPTEMBER, 1972:
THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG
SAID WEST LINE, A DISTANCE OF 508.00 FEET;
THENCE NORTH 89 DEGREES 36 MINUTES 12 SECONDS EAST PARALLEL TO THE
NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION
19, A DISTANCE OF 880.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89 DEGREES 36 MINUTES 12 SECONDS EAST, A
DISTANCE OF 677.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS PARALLEL TO THE WEST
LINE SAID OF SECTION 19, A DISTANCE OF 300.00 FEET;
THENCE SOUTH 89 DEGREES 36 MINUTES 12 SECONDS WEST PARALLEL TO THE
NORTH LINE OF THIS TRACT, A DISTANCE OF 677.00 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST PARALLEL TO THE
WEST LINE OF SAID SECTION 19, A DISTANCE OF 300.00 FEET TO THE TRUE POINT
OF BEGINNING; AND
EXCEPT THAT PORTION CONVEYED TO THE ROOSEVELT WATER CONSERVATION
DISTRICT FOR CANAL RIGHT OF WAY IN DOCUMENT RECORDED IN BOOK 191 OF
DEEDS, PAGE 377, RECORDS OF MARICOPA COUNTY, ARIZONA; AND

EXCEPT THAT PORTION CONVEYED TO THE ROOSEVELT WATER CONSERVATION
DISTRICT FOR LATERAL RIGHT OF WAY IN DOCUMENT RECORDED IN BOOK 303
OF DEEDS, PAGE 374, RECORDS OF MARICOPA COUNTY, ARIZONA; AND
EXCEPT TIIAT CERTAIN PORTION CONVEYED TO THE CITY OF CHANDLER, AN
ARIZONA MUNICIPAL CORPORATION IN DOCUMENTS RECORDED JUNE 24, 2013 IN
RECORDING NO. 2013-578008, AND IN RECORDING NO. 2013-578009, AND IN
RECORDING NO. 2013- 578010, RECORDS OF MARICOPA COUNTY, ARIZONA.
PARCEL NO. 2A:
TIIAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION
19, TOWNSHIP 2 SOUTH, RANGE 6 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 19;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST
LINE OF SAID SECTION 19, A DISTANCE OF 1323.80 FEET TO THE NORTHWEST
CORNER OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, AS
CALLED FOR IN A SURVEY MADE BY CARL D. WECK.ERLY, REGISTERED LAND
SURVEYOR, IN SEPTEMBER, 1972;
THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG
SAID WEST LINE, A DISTANCE OF 508.00 FEET;
THENCE NORTH 89 DEGREES 36 MINUTES 12 SECONDS EAST PARALLEL TO THE
NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION
19, A DISTANCE OF 880.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89 DEGREES 36 MINUTES 12 SECONDS EAST, A
DISTANCE OF 677.00 FEET;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS PARALLEL TO THE WEST
LINE SAID OF SECTION 19, A DISTANCE OF 300.00 FEET;
THENCE SOUTH 89 DEGREES 36 MINUTES 12 SECONDS WEST PARALLEL TO THE
NORTH LINE OF THIS TRACT. A DISTANCE OF 677.00 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST PARALLEL TO THE
WEST LINE OF SAID SECTION 19, A DISTANCE OF 300.00 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL NO. 2B:
INTENTIONALLY OMITTED
APN: 304-74-014A, 304-74-014B, 304-74-015C