IGA WITH TOWN OF GUADALUPE 12-7-2016.PDF

FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF GUADALUPE
FOR OPERATING AND MAINTAINING THE TRAFFIC SIGNAL AT
CALLE GUADALUPE AND AVENIDA DEL YAQUI
(C-91-11-239-M-01)
This First Amendment to the Intergovernmental Agreement for the Operations
and Maintenance for the traffic signal at Calle Guadalupe and Avenida De! Yaqui (C-91-
11-239-M-01) (First Amendment) is entered into by and between the County of
Maricopa, a body politic, acting through the Maricopa County Department of
Transportation (County), and the Town of Guadalupe, a municipal corporation (Town);
the County and the Town are collectively referred to herein as the Parties or individually
as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. Section 11-251 and Sections 28-6701 et. seg. authorize the County to
lay out, maintain, control and manage public roads within the County.
2. A.R.S. § 9-240 authorizes the Town to exercise control over, layout, establish,
regulate, and improve streets within the Town
3. A.R.S. Sections 11-951 ef seg. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
BACKGROUND
A. On July 6, 2011, the County and the Town entered into an intergovernmental
agreement for operations and maintenance of the traffic signal at Calle
Guadalupe and Avenida Del Yaqui that is owned by the Town of Guadalupe
(2011 IGA). :
5. The 2011 IGA established that the County would provide operations and
maintenance of the traffic signal and invoice the Town for annual service.
6. Paragraph 4 of the 2011 IGA establishes an initial five (5) year term and allows
for both Parties to extend the term of the agreement for an additional period.
7. Both Parties desire to extend the term of the 2011 IGA for an additional five (5)
years.
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This First Amendment extends the expiration date of the 2011 IGA from July
6, 2016, to July 6, 2021, effectively renewing the term for an additional five (5)
year period. This amendment is effective when executed by the parties and the
terms thereof shall relate back to July 6, 2016.
To the extent that this First Amendment changes the length of the terms of the
2011 IGA, this First Amendment shall supersede and replace the previous
terms in the original agreement.
10. The terms of the 2011 IGA not amended hereby shall remain in full force and
effect.
11. The parties agree that the statutory language of ARS 38-511 applies and
incorporates the same by reference.
End of Agreement ~ Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY TOWN OF GUADALUPE
Recommended by:
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Jennifer Toth, P.E ate
Tfansportation Director
Approved and Accepted by: Approved and Accepted by:
(Onrx Lape
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F
Clint Hickman, Chairman Date Angie Pétez, Mayor > Date
Board of Supervisors Town of Guadalupe
Attested by: Attested by:
Faw, (QI 9-83-16
Clerk of the Board Date Town Clerk\ Date
APPROVAL OF DEPUTY COUNTY ATTORNEY AND TOWN ATTORNEY
| hereby state that | 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.
‘
Deputy County Attorney = Date Town Attorney / Date
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