IGA WITH CITY OF PEORIA-PINNACLE PEAK ROAD.PDF
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FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT I'. BETWEEN MARICOPA COUNTY AND THE CITY OF PEORIA FOR IMPROVEMENTS TO: PINNACLE PEAK ROAD FROM 99TH AVENUE TO 91ST AVENUE (110554) (C-6443". -M-01) This First Amendment to the Intergovernmental Agreement for Improvements to Pinnacle Peak Road from 99th Avenue to 91st Avenue (C-64-17-061-M-00) (First Amendment) is entered into by and between the County of Maricopa, a body politic, (County), and the City of Peoria, a municipal corporation (City); the County and the City are collectively referred to herein as the Parties or individually as a Party. RECITALS A. The Parties have the legal capacity to enter into this First Amendment pursuant to Arizona Revised Statutes (A.R.S.) ยง 11-951 et seq. B. The Parties previously entered into an Intergovernmental Agreement (0-64- 17-061-M-00), recorded at Maricopa County Recorder No. 20170088208 (IGA) for improvements to Pinnacle Peak Road from 99th Avenue to 91s Avenue. The IGA was effective on February 1, 2017, the date it was approved by the Maricopa County Board of Supervisors. C. The Project consists of: improvements to Pinnacle Peak Road from 99th Avenue to 91st Avenue to a five-lane arterial road with a raised median and upgrade the traffic signal at the intersection of Pinnacle Peak Road and 91st Avenue. D. The Project is expected to be completed in two phases by the City and developers for The Meadows. Phase One will include improvements on Pinnacle Peak Road from 95th Avenue tp 91st Avenue, including the signal improvements at 91st Avenue. Phase Two will include improvements on Pinnacle Peak Road from 99th Avenue to 95th Avenue. The County agrees to participate financially in the Project improvements for both phases of the Project, funding the improvements for the north half street section. E. The Parties desire to amend the 1GA, through this First Amendment to Panel of 4 SCANNED LCON 00217A ' 6. Section 12,10 of the IGA is deleted in its entirety and replaced with the following: The City awarded a contract for the construction of Phase One of the Project and received an invoice from the City for a portion of the County's total cost share contribution, the County remitted payment to the City in the amount of $1,498,500. 7. Section 12.11 of the IGA is deleted in its entirety and replaced with the following: Upon the completion of annexation of the entire Project area, the City shall invoice the County for the remaining portion of the County's total cost share contribution, not to exceed $2,498,500 8. All other conditions of the IGA shall remain in full force and effect. 9. This First Amendment shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and may be filed with the Maricopa County Recorder. End of Agreement - Signature Page Follows Page 3 of 4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY CITY OF PEORIA Recommended, Recommended by: CAI VOW( 23 Jepnifer)Toth, P.E. Date Adina Lund, P.E. Date Transudrtation Director Development and Engineering Director Approved and Accepted by: ved and Mcepted by: , Chairman Date Cathy lat, Mayor Date Board of Supervisors City of aria Attested by: Clerk of the Board Date City Clerk APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY I hereby state that I have reviewed the proposed First Amendment and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. dAtiam, Deputy County Attorney Date Attorn Date Page 4 of 4 LOON 00217A