IGA - JUSTICE COURTS TOQC V2 4.6.18.DOCX

INTERGOVERNMENTAL AGREEMENT
FOR THE USE OF REAL PROPERTY
BY AND BETWEEN
MARICOPA COUNTY
AND
TOWN OF QUEEN CREEK
Maricopa County #C-24-18-003-3-00
G-30206
This Intergovernmental Agreement (“IGA” or “Agreement”) is entered into by and between
MARICOPA COUNTY, a political subdivision of the state of Arizona (“County”) and the TOWN
OF QUEEN CREEK, an Arizona municipal corporation (“Queen Creek”), and is effective as of the
last date executed below (“Effective Date”). The County and Queen Creek may be referred to
herein collectively as “Parties” and individually as a “Party.”
RECITALS
WHEREAS, Queen Creek owns and operates certain real property known as the Law
Enforcement and Community Chambers building which is located at 20727 E. Civic Parkway in
Queen Creek, Arizona (“Property”); and
WHEREAS, Maricopa County, Arizona is a general law County, and operates County
courts as part of its general area of jurisdiction and responsibility as empowered by A.R.S. § 22-
101 et seq.; and
WHEREAS, Queen Creek desires to make that portion of the Property depicted on Exhibit
“A” attached hereto and incorporated herein by this reference (the “Premises”) available to the
County for use as a venue to hold civil court hearings; and
WHEREAS, County desires to use the Premises and ancillary portions of the Property for
the San Tan Justice Court (the “Justice Court”) to conduct civil traffic court hearings; and
WHEREAS, County and Queen Creek are authorized to enter into this Agreement
pursuant to A.R.S. §11-952; and
WHEREAS, Queen Creek is also empowered by general law and statute, including A.R.S.
§9-240(B), as amended, to enter into this Agreement; and
WHEREAS, in accordance with A.R.S. § 11-952, the Presiding Judge of the Maricopa
County Superior Court is also required to approve this Agreement; and

Maricopa County #C-24-18-003-3-00
G-30206
WHEREAS, the Parties desire to enter into this IGA to set forth each Party’s
understandings and agreements related to the use of the Property.
TERMS OF AGREEMENT
NOW, THEREFORE, in consideration of the promises and covenants set forth below, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby agree as follows:
1. Recitals. The Recitals, by this reference, shall be incorporated herein and are
made a part of this Agreement.
2. Term. The term of this IGA shall be for ten (10) years from the Effective Date
unless sooner terminated as provided for in this Agreement.
2.1 Option to Renew. Provided this Agreement is in full force and effect and
County is not in default under any of the terms and conditions of this IGA at the
time of notification of its desire to renew, Queen Creek hereby grants County a
one-time option to renew this IGA for a period of ten (10) years on the same terms
and conditions of this Agreement unless otherwise agreed to by the Parties in
writing (“Option”).
2.2 Exercise of Option. If County elects to exercise the Option, County shall
provide Queen Creek with written notice no later than the date which is at least
one-hundred eighty (180) days prior to the expiration of this IGA.
3. Permitted Use. Use of the Premises and Property by County shall be for the
purpose of conducting civil traffic hearings in cases that have been cited into the San Tan Justice
Court (the “Permitted Use”).
3.1 Use Period. Queen Creek hereby authorizes County and their invitees to
use the Premises and adjacent common areas of the Property which include but
are not limited to lobby(ies), restroom(s), and parking for the Permitted Use on the
third Thursday of each month between the hours of 1:30 PM and 3:30 PM (the
“Use Period”). If the scheduled day of use falls on a County or Queen Creek
holiday, Queen Creek will coordinate with the County in advance to agree upon an
alternate day for the Justice Court to operate in the Premises. Other than
accommodations for holidays, the Use Period may only be modified by a written
agreement of the Parties in the form of an amendment to this Agreement.
3.2 Personal Property. In addition to the Premises, Queen Creek hereby
authorizes County and their invitees to use that certain Queen Creek personal

property such as chairs, tables, monitors, and other similar furniture and equipment
(the “Town Personal Property”) described in Exhibit “B” which is attached hereto
and made a part hereof. Except for the Town Personal Property, the County shall
provide any other personal property (the County “Personal Property”) necessary
for its operations, including but not limited to computers, temporary dividing walls,
security wands, and other equipment. Queen Creek also agrees to allow the
County to use their audio-visual equipment in the Premises to record court
proceedings and display evidence if capable and available. The Parties agree that
all County and Town Personal Property shall continue to be owned by the
supplying Party.
3.3 Relocation or Alternate Space. Queen Creek agrees that it shall not
require the Justice Court to permanently relocate from the Premises; however,
Queen Creek may, from time to time, provide the County with an alternate location
within the Property or an alternate facility for the Permitted Use. The alternate
location and/or facility shall be as similar to the Premises as possible in regards
size, location, and condition. Queen Creek shall provide written notice of any
proposed temporary relocation as far in advance as possible. Notwithstanding the
foregoing, Queen Creek shall provide a minimum of twenty-four (24) hours’ notice
of any proposed temporary relocation.
4. Fees for Property Use. The County’s use of the Premises is a mutual benefit to
the Parties and the community as a whole therefore the fee for the use of the Premises and
ancillary portions of the Property is $0.00 per annum.
5. Utilities and Maintenance of Property. Queen Creek, at its sole cost an
expense, shall be responsible for: (1) all utilities serving the Premises and Property; (2) provision
of janitorial services to the Premises; and (3) providing all maintenance of the Premises and
Property.
6. Compliance with laws. County agrees to comply with all federal, state and local
statutes, laws, ordinances, rules, and regulations which relate to their use of the Property.
7. Insurance. County and Queen Creek acknowledge and agree that the Parties
to this Agreement are each self-insured. During the entire time that this Agreement is in force,
each Party, at its sole cost and expense, shall carry and maintain levels of Commercial General
Liability, Automobile Liability, Worker’s Compensation insurance, Property, and
Environmental/Pollution Insurance coverages that are considered standard for the Property and
Permitted Use.
8. Indemnification. Each Party (as "indemnitor") agrees to indemnify, defend, and
hold harmless the other Party (as "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 the negligent performance of this Agreement, but only to the extent
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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.
9. Conflicts; Termination.
9.1 As prescribed by A.R.S. §38-511 as amended, either Party may cancel this
Agreement within three years after its execution and without penalty or further
obligation if any person significantly involved in initiating, negotiating, securing,
drafting or creating the contract on behalf of either Party is, at any time while the
Agreement or any extension thereof is in effect, an employee or agent of either
Party to the contract in any capacity or a consultant to any other Party to the
Agreement with respect to the subject of this Agreement. In the event either Party
elects to exercise its right under A.R.S. § 38-511 as amended, the Party agrees to
give notice thereof immediately in writing to the other Party.
9.2 This IGA may be terminated by any Party at the end of any fiscal year due
to non-appropriation of funds without any penalty or liability to the other Party.
9.3 This IGA may also be terminated by any Party for any reason by written
notice at least ninety (90) days prior to the effective date of such termination (“Early
Termination”).
10. Default.
10.1 Each of the terms in this Agreement is considered material and failure to
perform any of them shall constitute a breach of this Agreement. Either Party shall
have the right to terminate this Agreement if the other Party does not, within thirty
(30) days of receipt of a written notice thereof, cure any terms in default.
Notwithstanding the foregoing, if the nature of the breach cannot be cured within
said thirty (30) day period, the noticing Party shall not have the right to terminate
this Agreement if the other Party commences the cure within the thirty (30) period
and diligently pursues the cure to completion thereafter.
10.2 Neither Party shall be considered to be in default in the performance of any
of the obligations hereunder, other than obligations to either Party to pay costs and
expenses, if failure of performance shall be due to an uncontrollable force. The
term “uncontrollable force” shall mean any cause beyond the control of the Party
affected, including but not limited to failure of facilities, flood, earthquake, tornado,
storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor
dispute, and action or non-action by or failure to obtain the necessary
authorizations or approvals from any governmental agency or authority or the
electorate, labor or material shortage, sabotage and restraint by court order or
public authority, which by exercise of due diligence it shall be unable to overcome.
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Nothing contained herein shall be construed so as to require either Party to settle
any strike of labor dispute in which it may be involved. Either Party rendered unable
to fulfill an obligation by reason of an uncontrollable force shall exercise due
diligence to remove such inability with all reasonable dispatch. If either Party
claims its failure to perform was due to an uncontrollable force, that Party shall
bear the burden of proof that such activity was within the meaning and intent of
this section, if such claim is disputed by either Party.
11. Disputes. Disputes arising from this Agreement shall be subject to arbitration
as may be required by A.R.S. § 12-1518. A notice of a dispute must be provided in writing to the
other Parties and provide a summary of the issue that is the subject of the dispute.
11.1 The Parties shall confer within thirty (30) days of receipt of a notice of
dispute to resolve the dispute and/or decide, within ten (10) days after conferring,
on a mutually acceptable arbiter. If a mutually acceptable arbiter cannot be agreed
upon within thirty (30) days after conferring, the Parties agree that each Party shall
name one (1) arbiter and those two (2) arbiters shall select a third arbiter. Any
decisions made shall be made by a majority of the panel of three arbiters.
11.2 If any Party decides to proceed to arbitration in lieu of terminating this
Agreement, arbitration shall be binding. The cost of any arbitration shall be shared
equally by the Parties.
12. Notice Addresses. All notices herein required to be given in writing shall be sent:
To County:
Justice Court Administration
Maricopa County
222 N. Central, Suite 210
Phoenix, AZ 85004
With a copy to:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, Arizona 85009
To Queen Creek:
Town Manager
Town of Queen Creek
22350 S. Ellsworth Road
Queen Creek, AZ 85142
12.1 Notice Requirements. All notices required or permitted by this IGA or
applicable law shall be in writing and may be delivered in person (by hand or by
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courier) or may be sent by first class, certified mail or U.S. Postal Service Express
Mail, with postage prepaid, and shall be deemed sufficiently given if served in a
manner specified in this section. The addresses specified in this section shall be
that Party’s address for delivery or mailing of notices. Any Party may, by written
notice to the others, specify a different address for notice.
12.2 Date of Notice. Any notice sent by certified mail, return receipt requested,
shall be deemed given on the date of delivery shown on the receipt card, or if no
delivery date is shown, the postmark thereon. If sent by first class mail, the notice
shall be deemed given 72 hours after the same is addressed as required herein
and mailed with postage prepaid. Notices delivered by United States Express Mail
or overnight courier that guarantee next day delivery shall be deemed given 24
hours after delivery of the same to the Postal Service or courier.
13. Return of Premises. At the expiration of this IGA or early termination pursuant to
the terms set forth herein, County shall return the Premises to Queen Creek in a reasonable
condition, normal wear and tear excepted.
14. Agreement as License. The Parties intend and mutually agree that this
Agreement shall be construed as a mere license for County to operate within the Property. This
Agreement shall not be construed as a lease, sublease, rental agreement or easement. It is
understood and mutually agreed that County has no ownership interest whatsoever in the
Property.
15. No Assignment. County shall not assign any of the rights received pursuant to
the terms of this IGA without the prior written consent of Queen Creek.
16. Time is of the Essence. Time is of the essence in this IGA. If the date for
performance of any obligation hereunder or the last day of any time period provided herein shall
fall on a Saturday, Sunday or legal holiday of the State of Arizona, then said date for performance
or time period shall expire on the first day thereafter which is not a Saturday, Sunday or a legal
holiday. Unless otherwise specifically indicated to the contrary, the word “days” as used in this
IGA shall mean and refer to calendar days and not business days.
17. No Partnership or Joint Venture. Nothing contained in this IGA shall create any
partnership, joint venture or other arrangement among the Parties. Except as expressly provided
herein, no term or provision of this IGA is intended or shall be for the benefit of any person or
entity not a Party hereto, and no such other person or entity shall have any right or cause of action
hereunder.
18. Venue; Governing Law. The proper venue for any proceeding at law or in equity
or under the provisions for dispute resolution/arbitration shall be Maricopa County. This IGA shall
be construed in accordance with and be governed by the laws of the State of Arizona.
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19. Entire Agreement. This IGA, together with any exhibits attached hereto and any
agreements executed contemporaneously herewith, constitutes the entire agreement between
the Parties and sets forth all of the covenants, promises, agreements, conditions and
understandings among the Parties, and there are no covenants promises, agreements, conditions
or understandings, either oral or written, among the Parties other than as set forth herein. This
IGA shall be construed as a whole and in accordance with its fair meaning and without regard to
any presumption or other rule requiring construction against the Party drafting this IGA. This IGA
cannot be modified or changed except by a written instrument executed by the Parties. The
Parties have reviewed this IGA and have had the opportunity to have it reviewed by legal counsel.
20. Waiver. Waiver of any breach of any term, conditions or covenant herein
contained shall not be deemed to be a waiver of any other term, condition or covenant herein, or
of a subsequent breach of any term, covenant or condition herein. Any Party’s consent to, or
approval of, any subsequent or similar act shall not be deemed to render unnecessary the
obtaining of that Party’s consent to, or approval of, any subsequent or similar act by another Party,
to be construed as the basis of an estoppel to enforce the provision or provisions of this IGA
requiring such consent.
21. Severability. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be valid under applicable law, but if any provision shall be invalid
or prohibited thereunder, such provision shall be ineffective to the extent of such prohibition or
invalidation but shall not invalidate the remainder of such provision or the remaining provisions.
22. Authority to Execute. Each Party warrants that the person signing this IGA has
the authority to do so.
23. Headings. Sections and other headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
24. Cooperation. The Parties agree to execute and/or deliver to each other such
other instruments and documents as may be reasonably necessary to fulfill the covenants and
obligations to be performed by the Parties pursuant to this IGA.
25. Counterparts. This IGA may be signed in any number of counterparts with the
same effect as if the signatures thereto and hereto are upon the same instrument.
26. Not Binding Until Signed. Submission of this instrument for examination shall
not bind the Parties in any manner, and no obligation on any Party shall arise until this IGA is fully
executed by the Parties and delivered to each Party.
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IN WITNESS WHEREOF the parties hereto have caused these presents to be executed:
THE JUDICIAL BRANCH OF ARIZONA IN AND FOR MARICOPA COUNTY
___________________________________________
Janet E. Barton Date
Presiding Judge, Maricopa County Superior Court
MARICOPA COUNTY
____________________________________
Steve Chucri Date
Chairman, Board of Supervisors
Attest:
___________________________________
Clerk of the Board
Approved as to form
__________________________________________
Deputy County Attorney Date
Maricopa County Attorney’s Office
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TOWN OF QUEEN CREEK
_______________________________________________
Mayor of the Town of Queen Creek Date
_______________________________________________
Attest: Town of Queen Creek Clerk Date
Approved as to form and within the power and authority granted to the parties by the law of
Arizona:
_____________________________________
Town of Queen Creek Attorney Date
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Exhibit “A”
THE PREMISES
Town of Queen Creek Law Enforcement and Community Chambers Building.
Facilities to be used include Community Chambers, overflow classrooms, lobby, and public
restrooms.
Exhibit “B”
TOWN PERSONAL PROPERTY
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Maricopa County shall be permitted the use of certain personal property belonging to Queen
Creek located within the Community Chambers including:
1. The dais and staff seating.
2. Microphones attached to the dais and podium.
3. Monitors and projection screens.
4. Fixed seating and other free standing chairs.
5. Free standing tables.
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