CALLE LEJOS IGA W JT SIGNATURE.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF PEORIA
FOR IMPROVEMENTS TO: CALLE LEJOS
FROM 97TH AVENUE TO 93RD AVENUE
(C-64- -M-
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), and the City of Peoria a municipal
corporation (City). The County and City are collectively referred to as the Parties or
individually as a Party.
STATUTORY AUTHORIZATION
1 A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorizes the County to
lay out, maintain, control and manage public roads within the County.
2. A.R.S. Sections 11-951 et. seq. authorizes public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorizes the City to lay out
and establish, regulate and improve streets within the City and to enter into this
Agreement.
BACKGROUND
4. Calle Lejos from 97th Avenue to 93rd Avenue is a paved roadway on the south
side of the roadway centerline and unimproved on the north side of the roadway
centerline. Roadway section south of centerline is County jurisdiction; while north
of centerline is City jurisdiction. The County currently maintains the southern
section of the road.
5. Terra West Communities permitted through the City to construct a residential
development project adjacent to the north side of the Calle Lejos between 97th
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Avenue and 93rd Avenue. Terra West Communities sold the development to
Pulte Homes and Shea Homes to complete the improvements. Shea Homes will
complete the construction adjacent to the north side of Calle Lejos.
6. Shea Homes is required, as part of its residential development in the City, to
construct improvements on Calle Lejos (Project).
7 Shea Homes will be responsible for all Project costs except as otherwise
provided in this Agreement.
8. The striping design of the Project will be completed to City standards for the full
street section on Calle Lejos from 97th Avenue to 93rd Avenue.
9. The signing design of the Project will be completed to the prevailing jurisdiction's
standards on Calle Lejos from 97th Avenue to 93rd Avenue.
10. County financial participation shall be limited to aspects of the Project that are
essential for the establishment of a safe roadway. The County will not financially
participate in Project enhancements such as landscaping, irrigation, street
lighting, visual mitigation, decorative pavers, street furniture or any other items
unless there is a benefit to the County that can be demonstrated by a benefit/cost
analysis.
PURPOSE OF THE AGREEMENT
11. The purpose of this Intergovernmental Agreement is to identify and define the
responsibilities of the Parties for various elements of the Project which include,
but are not limited to, cost sharing, design, permitting, environmental clearances,
right-of-way acquisitions, utilities, construction and construction management,
and annexation of the roadway.
TERMS OF THE AGREEMENT
12. Responsibilities of the County:
12.1 The County shall issue permit(s) in accordance with normal County
permitting procedures.
12.2 The County shall review signing and striping plans in a timely manner.
12.3 All signs within County right-of-way will be designed and constructed to
County standards.
12.4 Upon completion of the Project, the County shall be responsible for
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roadway maintenance, excluding striping, of the south half of the street,
and all signs within the County right-of-way on Calle Lejos from 97th
Avenue to 93rd Avenue.
12.5 The County shall not provide maintenance for any enhancements such as
sidewalk, irrigation, landscaping, street lighting, visual mitigation,
decorative pavers, street furniture, or any other items outside of those
needed to establish a safe roadway.
13. Responsibilities of the City:
13.1 The City shall require Shea Homes to provide the County with copies of
the signing and striping design plans for review and comment and to
comply with all County permitting requirements. The plans should show
proposed striping for the full street section and proposed signing within
City and County right-of-way.
13.2 The City shall review signing and striping plans in a timely manner.
13.3 All signs within City right-of-way will be designed and constructed to City
standards.
13.4 The striping design for the Project will be to City standards for the full
street section.
13.5 Upon completion of the Project and issuance of the Final Letter of
Acceptance by the City, the City shall be responsible for roadway
maintenance of the north half of the street, all signs within the City right-of-
way, and maintenance of striping for the full street section on Calle Lejos
from 97th Avenue to 93rd Avenue.
GENERAL TERMS AND CONDITIONS
14. By entering into this Agreement, the Parties agree that to the extent permitted by
law, each Party will indemnify, defend and save the other Parties harmless,
including any of the Parties departments, agencies, officers, employees, elected
officials or agents, from and against all loss, expense, damage or claim of any
nature whatsoever which is caused by any activity, condition or event arising out
of the negligent performance or nonperformance by the indemnifying Party of any
of the provisions of this Agreement. By entering into this Agreement, each Party
indemnifies the other against all liability, losses and damages of any nature for or
on account of any injuries or death of persons or damages to or destruction of
property arising out of or in any way connected with the performance or
nonperformance of this Agreement, except such injury or damage as shall have
been caused or contributed to by the negligence of that other Party. The
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damages which are the subject of this indemnity shall include but not be limited
to the damages incurred by any Party, its departments, agencies, officers,
employees, elected officials or agents. In the event of an action, the damages
which are the subject of this indemnity shall include costs, expenses of litigation
and reasonable attorney's fees.
15. This Agreement shall become effective as of the date it is approved by the
Maricopa County Board of Supervisors and remain in full force and effect until all
stipulations previously indicated have been satisfied, except that it may be
amended upon written Agreement by all Parties. Any Party may terminate this
Agreement upon furnishing the other Party with a written notice at least thirty (30)
days prior to the effective termination date.
16. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
17. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
17.1 Any contractor or subcontractor who is contracted by a Party to perform
work on the Project shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. Section 23-214(A), and shall keep a record of the
verification for the duration of the employee's employment or at least three
(3) years, whichever is longer.
17.2 Any breach of the warranty shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the
contract.
17.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the
contractor or subcontractor is complying with the warranty above and that
the contractor agrees to make all papers and employment records of said
employee available during normal working hours in order to facilitate such
an inspection.
17.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
18. Each Party to this Agreement warrants that neither it nor any contractor or
vendor under contract with the Party to provide goods or services toward the
accomplishment of the objectives of this Agreement is suspended or debarred by
any federal agency which has provided funding that will be used in the Project
described in this Agreement.
19. Each of the following shall constitute a material breach of this Agreement and an
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event of default ("Default") hereunder: A Party's failure to observe or perform any
of the material covenants, conditions or provisions of this Agreement to be
observed or performed by that Party ("Defaulting Party"), where such failure shall
continue for a period of thirty (30) days after the Defaulting Party receives written
notice of such failure from the non-defaulting Party provided, however, that such
failure shall not be a Default if the Defaulting Party has commenced to cure the
Default within such thirty (30) day period and thereafter is diligently pursuing
such cure to completion, but the total aggregate cure period shall not exceed
ninety (90) days unless the Parties agree in writing that additional time is
reasonably necessary under such circumstances to cure such default. In the
event a Defaulting Party fails to perform any of its material obligations under this
Agreement and is in Default pursuant to this Section, the non-defaulting Party, at
its option, may terminate this Agreement. Further, upon the occurrence of any
Default and at any time thereafter, the non-defaulting Party may, but shall not be
required to, exercise any remedies now or hereafter available to it at law or in
equity.
20. All notices required under this agreement to be given in writing shall be sent to:
County:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City:
City of Peoria
Attn: City Manager
8401 West Monroe Street
Peoria, Arizona 85345
All notices required or permitted by this Agreement or applicable law shall be in
writing and may be delivered in person (by hand or courier) or may be sent by
regular, certified or registered 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 paragraph. Either Party may by written notice to the other specify
a different address for notice. Any notice sent by registered or 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
regular mail, the notice shall be deemed given 72 hours after the notice is
addressed as required in this paragraph 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
notice to the Postal Service or courier.
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21. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
22. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
23. This Agreement does not grant authority to control the subject roadway, except
to the extent necessary to perform the tasks expressly undertaken pursuant to
this Agreement.
24. Any funding provided for in this Agreement, other than in the current fiscal year,
is contingent upon being budgeted and appropriated by the Maricopa County
Board of Supervisors and the Peoria City Council in such fiscal year. This
Agreement may be terminated by any Party at the end of any fiscal year due to
non-appropriation of funds.
25. This Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors and assignees. Neither Party shall assign its interest
in this Agreement without the prior written consent of the other Party.
26. This Agreement and all Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions and understandings between the
Parties to this Agreement, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between the Parties other
than as set forth in this Agreement, and those agreements which are executed
contemporaneously with this Agreement. This Agreement 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
Agreement. This Agreement cannot be modified or changed except by a written
instrument executed by all of the Parties hereto. Each Party has reviewed this
Agreement and has had the opportunity to have it reviewed by legal counsel.
27. The waiver by any Party of any right granted to it under this Agreement is not a
waiver of any other right granted under this Agreement, nor may any waiver be
deemed to be a waiver of a subsequent right obtained by reason of the
continuation of any matter previously waived.
28. Wherever possible, each provision of this Agreement shall be interpreted in such
a manner as to be valid under applicable law, but if any provision shall be invalid
or prohibited under the law, 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.
29. Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
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instrument executed or delivered pursuant to this Agreement shall survive the
expiration or earlier termination of this Agreement for a period of one (1) year.
30. Nothing contained in this Agreement shall create any partnership, joint venture or
other agreement between the Parties hereto. Except as expressly provided in
this Agreement, no term or provision of this Agreement is intended or shall be for
the benefit of any person or entity not a party to this Agreement, and no such
other person or entity shall have any right or cause of action under this
Agreement.
31. Time is of the essence concerning this Agreement. Unless otherwise specified in
this Agreement, the term "day" as used in this Agreement means calendar day. If
the date for performance of any obligation under this Agreement or the last day
of any time period provided in this Agreement falls on a Saturday, Sunday or
legal holiday, then the date for performance or time period shall expire at the
close of business on the first day thereafter which is not a Saturday, Sunday or
legal holiday.
32. 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.
33. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute the same
instrument. Faxed, copied and scanned signatures are acceptable as original
signatures.
34. 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 such Party pursuant to this Agreement.
35. The Parties hereby agree that the venue for any claim arising out of or in any
way related to this Agreement shall be Maricopa County, Arizona.
36. This Agreement shall be governed by the laws of the State of Arizona.
37. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon
completion and acceptance of the Project and fulfillment of all terms of the
Agreement.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY CITY OF PEORIA
Recommended by: Recommended by:
Oi. 13 201f0
Je9nifOr Tbth, RE. D te Carl Swenson Date
Tr6-niportation Director City Manager
Approved and Accepted by: Approved and Accepted by:
Clint Hickman, Chairman Date Cathy Carlat Date
Board of Supervisors Mayor
Attest by: Attest by:
Clerk of the Board Date Clerk Date
APPROVAL OF DEPUTY COUNTY ATTORNEY AND 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 Parties by their respective governing bodies under the laws of the State of
Arizona.
Deputy County Attorney Date City Attorney Date
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