AMENDMENT TO IGA.PDF

FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF PHOENIX
FOR IMPROVEMENTS TO MC85 (BUCKEYE ROAD)
FROM 107TH AVENUE TO 75TH AVENUE
(TT0345 and TT0511)
(C-64-16-099-M-01)
This First Amendment to the Intergovernmental Agreement (IGA) for the Improvements
to MC85 (Buckeye Road) from 107th Avenue to 75th Avenue (C-64-16-099-M-01) (First
Amendment) is entered into between the County of Maricopa, a body politic, acting
through the Maricopa County Department of Transportation (County), and the City of
Phoenix, a municipal corporation (City). The County and the City are collectively
referred to as the Parties or individually as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. §§11-251 and 28-6701, et seq., authorize the County to lay out, maintain,
control and manage public roads within its respective County, to acquire and
condemn property necessary for such purposes, and to enter into this
Agreement.
2. A.R.S. §11-951, et seq., provides that public agencies may enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
3. A.R.S. §§9-240 and 9-276, et seq., authorize the City to lay out and establish,
regulate and improve streets within the City and to enter into this Agreement.
BACKGROUND
4. On April 6, 2016, the Parties entered into an 1GA (C-64-16-099-M-00) regarding
the Improvements to MC85 (Buckeye Road) from 107th Avenue to 75th Avenue
(2016 IGA).
PURPOSE OF THE AGREEMENT
5. The purpose of this First Amendment is to clarify certain responsibilities related
to Developer requirements under Paragraph 17.3 and to establish procedures for
the Parties to invoice and remit payments associated with contributions from
private development.
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TERMS OF THE AGREEMENT
6. Paragraph 16.2 is amended in its entirety and replaced with the following:
"16.2. The County shall be responsible for all costs of the Project except for the
signing and permanent striping, and except as provided for by
Paragraph 16.11."
7 A new Paragraph 16.11 is added to the 2016 IGA, to read:
"16.11. The County shall invoice the City for collected developer In-Lieu
Payment, as specified by the City's Infrastructure Financing Plan that is
incurred by the County toward completion of the Project. Eligible costs
include the following: design, grading, paving, median construction
(including curb and gutter), signs, and traffic control. The County shall
not invoice the City for any costs incurred for street lighting, landscaping
(other than landscaping within a median), outside curb and gutter,
sidewalks, or right-of-way acquisition."
8. A new Paragraph 17.3.3 is added to the 2016 IGA, to read:
"17.3.3. As an alternative to constructing half-street improvements, a developer
may elect to provide cash payment to the City, hereinafter referred to as
In-Lieu Payment. In-Lieu Payment amounts will be determined from the
unit cost values specified in the City's Infrastructure Financing Plan in
effect at the time the In-Lieu Payment is paid for the category of roadway
specified in this agreement."
9. A new Paragraph 17.10 is added to the 2016 IGA, to read:
"17.10. The City shall administer In-Lieu Payments as follows:
17.10.1. Establish and maintain a dedicated account for depositing In-
Lieu Payments, and provide written notice to the County within
thirty (30) days of receiving an In-Lieu Payment.
17.10.2. Remit payment to the County within thirty (30) days of
accepting an invoice from the County pursuant to Paragraph
16.11. Nothing contained herein obligates the City to remit
payment at any time in excess of the funds available in the
dedicated account. If the eligible costs included with any
invoice exceeds the available funds, the City shall remit
payment in the full amount of funds available in the dedicated
account.
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17.10.3. The City shall provide impact fee credit for In-Lieu Payments
pursuant to Phoenix City Code Chapter 29."
10. This First Amendment shall become effective as of the date it is approved by the
Maricopa County Board of Supervisors and the Phoenix City Council.
11, To the extent that this First Amendment changes the terms of the 2016 IGA, this
First Amendment shall supersede and replace the previous terms in the original
agreement.
12. The terms of the 2016 IGA not in conflict with this First Amendment shall remain
in full force and effect.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
PHOENIX
Recommended by:
Ray Dovalina, Jr. RE. Date
Street Transportation Director
Attest by:
City Clerk Date
APPROVAL OF CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and
declare the Agreement to be in proper form and within the powers and authority granted
to the City by its respective governing body under the laws of the State of Arizona.
City Attorney Date
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
Jennifer loth,
Trrispo ation Director
Approved and Accepted by:
Denny Barney, Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and
declare the Agreement to be in proper form and within the powers and authority granted
to the County by the Board of Supervisors under the laws of the State of Arizona.
Deputy County Attorney Date
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