IGA WITH QUEEN CREEK - CONSTRUCTION OF RIGGS ROAD FROM ELLSWORTH.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF QUEEN CREEK
FOR THE CONSTRUCTION OF RIGGS ROAD
FROM ELLSWORTH ROAD TO 500 FEET EAST OF MERIDIAN ROAD
(TT#251 and TT#538)
CFDA #: 20.205
(C-64-16- -M-00)
Agreement ("Agreement") is between the County of Maricopa, a political
This Intergovernmental
subdivision of the State of Arizona ("County"), and the Town of Queen Creek, an Arizona
("Town"). The County and Town are collectively referred to as the Parties
municipal corporation
or individually as a Party.
STATUTORY AUTHORIZATION
1. ARS. Section 11-251 and Sections 28-6701 et seq. 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 contro! over, layout, establish, regulate,
and improve streets within the Town.
3, ARS. Sections 11-951 et seq. authorize public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
BACKGROUND
4. On February 9, 2011, the Parties entered into an intergovernmental agreement for the
Phase II Data Recovery Archaeological Investigation and Design Modification of Riggs
Road from Ellsworth Road to Meridian Road (the “2011 IGA”). On February 17, 2016, the
Parties entered into the First Amendment to the intergovernmental agreement for the
Phase If Data Recovery Archaeological Investigation and Design Modification of Riggs
Road from Ellsworth Road to Meridian Road (the “2016 First Amendment’).
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In the 2016 First Amendment, the project was redefined as an interim 3-lane roadway, one
lane in each direction with a center two-way turn lane, and right-of-way acquisition for the
designed and built to Town standards (the “Project’). The 2016 First
interim configuration,
also acknowledged the Town’s request that the eastern Project limit be
Amendment
extended to include a segment of Riggs Road (Combs Road) east of the Meridian Road
appropriate transition between the intersection and the
intersection to provide an
Combs Road is located in Pinal County, but is under the jurisdiction
connecting roadway.
of Queen Creek.
For the of this Agreement, the Project is comprised of the right-of-way
purposes of
utility relocation, construction and construction management components
acquisition,
of Road from Ellsworth Road:to 500 feet east of Meridian Road; sub-
the segment Riggs
divided into three Phases. The Project phases are defined under Paragraphs 9, 10 and 11
of this Agreement.
The and environmental phases of the Riggs Road, Ellsworth Road to Meridian
design
funded with federal-aid highway funding. A total of $660,100
Road project were partially
authorized for design work and $2,000,000 was authorized for environmental work.
was
Because of the project’s federal status, the Federal Highway Administration may require
the Parties to refund all or part of the federal-aid previously expended if a roadway is not
constructed for the full length of Riggs Road from Ellsworth Road to Meridian Road.
for such nonperformance shall be governed as prescribed under Paragraph 28
(Remedies
of this Agreement.) At least the Ellsworth Road to Crismon Road segment (Phase One)
must continue to meet all federal requirements for the duration of the process; the
remainder of the project (Phases Two and Three) may be completed as locally-funded. If a
of the federal-aid funding authorized for the environmental work remains
portion
the Parties approach the Maricopa Association of Governments to have
unexpended, may
balance of funding reprogrammed for the construction of the Ellsworth Road to
the
Crismon Road segment (Phase One).
federal-aid highway funding has been expended for early stages of the Project
Because
and additional federal-aid may be pursued and obtained for the Project, the Parties are
responsible for compliance with the Single Audits Act of 1984.
8.1 CFDA#: 20.205
8.2 Funding Sources for the Project:
8.2.1.1. $400,000 Federal Estimate — STP (Surface Transportation Program)
8.2.1.2 $20,045,000 Local Estimate —- HURF (Highway User Revenue Fund)
and/or local government general funds
83 Contract Number: To be assigned if authorized
84 Contract Period: Fiscal year(s) to be assigned if funding authorized
8.5 Grant Amount: $400,000 estimated
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9. Phase One Project Details:
Road from Ellsworth Road to Crismon Road (TT#251).
9.1 Location. Riggs
An interim 3-lane roadway, one lane in each direction with a
9.2 Project Description. and Town shall
center two-way turn lane, built to Town standards. Both the County
for the cost of this Phase of the Project as provided in the
be financially responsible
Federal-aid highway funding may be available to
terms of this Agreement
supplement local funding.
The County shall lead all aspects of this Phase, including but not
9.3. Lead Agency:
acquisition, utility relocation, construction and construction
limited to right-of-way
management.
Schedule. The anticipated Project schedule is as follows:
9.4 Project
9.4.1. Right-of way acquisition in FY 2016 and FY 2017.
9.4.2 Utility Relocation in FY 2017.
9.4.3 Construction in FY 2018.
9.5 Project Costs. The anticipated Project costs are as follows:
9.5.1 Right-of-way Acquisition: $1,020,000
9.5.2 Utility Relocation: $250,000
9.5.3 Construction: $3,700,000
9.5.4 Construction Management: $ 555,000
9.5.5 Total Cost of Phase One: $5,525,000
Dedications. The value of right-of-way within Maricopa County,
9.6 Right-of-Way
that is dedicated to either Party shall be applied to reduce
regardless of jurisdiction,
overall cost of the Project with the cost savings applied equally between the
the
Parties.
10. Phase Two Project Details:
Road from Crismon Road to Meridian Road (TT#538)
10.1 Location. Riggs
An interim 3-lane roadway, one lane in each direction with a
10.2 Project Description. and Town shall be
center two-way turn lane, to Town standards. Both the County
for the cost of this Phase of the Project as provided in the
financially responsible
terms of this Agreement.
The Town shall lead all aspects of this Phase, including but not
40.3 Lead Agencies: and
acquisition within the Town’s jurisdiction, construction
limited to right-of-way
except as otherwise provided in this Agreement. The
construction management,
shall lead utility relocation aspects of this Phase, except as otherwise
County
provided in this Agreement.
Page 3 of 14

10.4 Project Schedule. The anticipated Project schedule is as follows:
10.4.1 Right-of way acquisition in FY 2018.
10.4.2 Utility Relocation in FY 2018.
10.4.3 Construction in FY 2018 and FY 2019.
10.5 Project Costs. The anticipated Project costs are as follows:
10.5.1 Right-of-way Acquisition: $ 3,810,000
10.5.2 Utility Relocation: $ 4,350,000
10.5.3 Construction: $ 6,000,000
—
10.5.4 Construction Management $ 600,000
10.5.5 Total Cost of Phase Two: $14,760,000
10.6 Right-of-Way Dedications. The value of right-of-way within Maricopa County,
regardless of jurisdiction, that is dedicated to either Party shall be applied to reduce
the overall cost of the Project with the cost savings applied equally between the
Parties.
11. Phase Three Project Details:
11.1 Location. Riggs Road from Meridian Road to 500 feet east of Meridian Road. All
portions of Phase Three are outside of the boundaries of Maricopa County.
11.2 Description. An interim 3-lane roadway, one lane in each direction with a
Project
center two-way turn lane, to Town standards. The Town shall be solely financially
responsible for this Phase of the Project as provided in the terms of this Agreement.
11.3 Lead Agency: The Town shall lead all aspects of this Phase, including but not
limited to right-of-way acquisition, utility relocation, construction and construction
management.
11.4 Project Schedule. The anticipated Project schedule shall be determined by the
Town.
11.5 Project Costs. The anticipated Project costs shall be determined by the Town.
12. The Parties shall construct all phases of the Project to Town standards, and the Town shall
annex all areas of the Project, including the road and all areas within the full right-of-way
limits of the Project, as prescribed in this Agreement, phase by phase.
PURPOSE OF THE AGREEMENT
13. The of this Agreement is to identify and define the responsibilities ofthe County
purpose
and Town for the Project, which include, but are not limited to, right-of-way acquisition,
relocation, construction and construction management, and annexation of the
utility
roadway.
Page 4 of 14

TERMS OF THE AGREEMENT — PHASE ONE OF THE PROJECT:
ELLSWORTH ROAD TO CRISMON ROAD
14. Responsibilities of the County:
14.1 The County shall act as the lead agency for Phase One of the Project, including but
not limited to right-of-way acquisition, utility relocation, construction and construction
management.
14.2 The County shall be responsible for fifty percent (50%) of the costs associated with
acquisition, utility relocation, construction and construction
the right-of-way
of Phase One based on the actual costs. The total cost of these
management
Phase One elements is currently estimated at $5,525,000, with the County's
responsibility currently estimated at $2,762,500.
14.3 The County will not financially participate in Project enhancements, including but not
limited to landscaping, irrigation, street lighting, visual mitigation, decorative pavers,
street furniture and any other items inconsistent with the County’s Roadway Design
Manual, unless otherwise specifically identified in this Agreement.
14.4 The County shall construct Phase One to Town standards.
shall invoice the Town for one-half of the Town's estimated share of
14.5 The County
Phase One costs upon notice to proceed with construction of Phase One.
shall invoice the Town for the remaining balance of the Town's share of
14.6 The County
One costs substantial completion of construction of Phase One of
the Phase upon
the Project based on the actual cost.
The shall request the Town to provide no-cost permits for the County to
14.7 County
work within the incorporated limits of the Town.
The shail administer all federal process requirements associated with Phase
14.8 County
One.
shall consent to and approve the annexation by the Town of all the
14.9 The County
Area located within the unincorporated area of the County that is
Phase One Project
improved as part of the Project, including, but not limited to, such additional property
needed for the Project as is acquired by the County for public roadway, whether by
purchase, condemnation or dedication.
15. Responsibilities of the Town:
15.1 The Town shall be responsible for fifty percent (50%) of the costs associated with
the acquisition, utility relocation, construction and construction
right-of-way
of Phase One. The total cost of these Phase One elements is
management
estimated at $5,525,000, with the Town's responsibility currently estimated
currently
at $2,762,500.
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shall be solely financially responsible for the cost of all Project
15.2 The Town
described in Paragraph 14.3 that have been requested by the
enhancements, as
- Town.
Town shall remit payment within thirty (30) days of receipt of any proper invoice
15.3 The
from the County.
shail issue no-cost permits to the County, or its appointed agent, to work
15.4 The Town
within the incorporated limits of the Town.
shall participate with the County in the substantial completion, final
15.5 The Town
inspection and acceptance of the Project.
of construction of Phase One of the Project, the Town
15.6 Upon substantial completion
shall:
all maintenance and operation responsibility for all components of
15.6.1 Accept
Phase One of the Project Area; and
the annexation of all of the unincorporated areas within the Phase
45.6.2 Begin
limits and complete the annexation within one hundred
One Project
days subject to the requirements of A.R.S. Section 9-471.
twenty (120)
TERMS OF THE AGREEMENT — PHASE TWO OF THE PROJECT:
CRISMON ROAD TO MERIDIAN ROAD
16. Responsibilities of the County:
shall be responsible for fifty percent (50%) of the costs associated with
16.1 The County
utility relocation, construction and construction
the right-of-way acquisition,
of Phase Two. The total cost of these Phase Two elements is
management
estimated at $14,760,000, with the County's responsibility currently
currently
estimated at $7,380,000.
shall remit payment within thirty (30) days of receipt of any proper
16.2 The County
invoice from the Town.
shall issue no-cost permits to the Town, or its appointed agent, to work
16.3 The County
within County jurisdiction.
the Town, subject to availability of County time and resources, the
16.4 If requested by
consultation to the Town on construction-related matters. The
County shall provide
shall invoice the Town on a monthly basis for any expenses related to such
County
consultation.
shall conduct right-of-way related activities that include the following:
16.5 The County
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shall assist with the acquisition of right-of-way in fee and
46.5.1. The County
related easements within the County’s jurisdiction necessary for the Project,
the Town for right-of-way and easements that the Town is
as requested by
unable to obtain by purchase or dedication. County assistance with
be through negotiation and escrow process or through the
acquisition may
exercise of condemnation authority and litigation.
16.5.2 At the time of the Town's request pursuant to Paragraph 17.10.3, the
shall assume all responsibility for the management of the
County
in accordance with the statutes, policies, and procedures that
acquisition,
the County's ability to acquire the land rights.
govern
shall participate with the Town in the substantial completion, final
16.6 The County
inspection and acceptance of Phase Two of this Project.
shall consent to and approve the annexation by the Town of all the
16.7 The County
Area located within the unincorporated area of the County that is
Phase Two Project
of the Project, including, but not limited to, such additional property
improved as part
needed for the Project as is acquired by the County for public roadway, whether by
purchase, condemnation or dedication.
17. Responsibilities of the Town:
The Town shall act as the lead agency for Phase Two of the Project, including but
17.1
acquisition, utilities relocation, construction and
not limited to right-of-way
construction management.
The Town shall be responsible for fifty percent (50%) of the costs associated with
17.2
acquisition, utility relocation, construction and construction
the right-of-way
of Phase Two. The total cost of these Phase Two elements is
management
estimated at $14,760,000, with the County's responsibility currently
currently
estimated at $7,380,000.
shall be solely financially responsible for the cost of all Project
17.3 The Town
described in Paragraph 14.3 that have been requested by the
enhancements, as
Town.
17.4 The Town shall construct Phase Two to County’s standards.
shall invoice the County for one-half of the Town's estimated share of
17.5 The Town
Phase Two costs upon notice to proceed with construction of Phase Two.
shall invoice the County for the remaining balance of the County's share
17.6 The Town
Two costs substantial completion of construction of Phase Two.
of the Phase upon
The Town shall remit payment within thirty (0) days of receipt of any proper invoice
17.7
from the County.
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the County to provide no-cost permits for the County to
47.8 The Town shall request
work within County jurisdiction.
to availability of County time and resources, request the
17.9 The Town may, subject
to provide consultation to the Town on construction-related matters.
County
related activities that include, but are not
17.10 The Town shall conduct right-of-way
limited to, the following:
17.10.14 The Town shall identify required right-of-way, parcel numbers and
property owners.
17.10.2 The Town shall be responsible for contacting property owners, submitting
offer to property owners for the acquisition of the right-of-way,
an and
with property owners for the acquisition of right-of-way
negotiating
owners for the right-of-way and conclude with an escrow
paying property
in which free and: clear title is obtained for the required right-of-way and
easemenis.
17.10.3 if the Town is unsuccessful in acquiring ail required right-of-way from
the Town shall, at least nine (9) months prior to the
property owners,
Town needing access to the required right-of-way to begin construction,
the County commence acquisition and/or condemnation
request
to acquire the right-of-way and related easements needed for
proceedings
the Project.
At the time of the Town’s request pursuant to Paragraph 17.10.3, the
17.10.4
Town shall provide to the County recordable legal descriptions, maps, and
exhibits required by the County to complete right-of-way acquisitions.
At the time of the Town’s request pursuant to Paragraph 17.10.3, the
17.10.5
Town shall cease and desist all contact with the property owners, and
to the County all responsibility for the management of the
shall convey
right-of-way acquisitions or condemnation for the Project.
necessary
The Town shall refer any and all escalation of questions and concerns
17.10.6
of the Project to the management of the County
with the acquisition
Facilities Management Department's Real Estate Division.
information requested by the County as to its.
17.10.7 The Town shall provide any
construction or related issues in order to assist in the County's
proposed
acquisition of the property.
shall the construction of the Project, and the Town
17.10.8 The Town manage
his/her designees) shall, within ten (10) days, provide written
Engineer (or
comments to the County with regard to any proposed settlement or
of property or property interests as contemplated by Paragraph
purchase
16.5.5.
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shall provide to the County’s Real Estate Division the following
47.10.9 The Town
support, including, but not limited to:
items to provide acquisition
47.10.9.1 Title Examinations and Reports
47.10.9.2 Property Appraisals
17.10.9.3 Legal Descriptions
of construction of Phase Two of the Project, the Town
17.10 Upon substantial completion
shall:
and operation responsibility for all components of
17.11.1 Accept all maintenance
Phase Two of the Project Area; and
annexation of all of the unincorporated areas within the Phase
17.11.2 Begin the hundred
limits and complete the annexation within one
Two Project
subject to the requirements of A.R.S. Section 9-471.
twenty (120) days
THE AGREEMENT — PHASE THREE OF THE PROJECT:
TERMS OF
WERIDIAN ROAD TO 500 FEET EAST OF MERIDIAN ROAD
18. Responsibilities of the County:
shall not be responsible for any Project activities or costs associated
48.1. The County
with Phase Three.
19. Responsibilities of the Town:
the lead agency for Phase Three of the Project, including but
49.1. The Town shall act as construction
acquisition, utility relocation, construction and
not limited to right-of-way
management.
for one hundred percent (100%) of the costs
49.2 The Town shall be responsible and
acquisition, utility relocation, construction
associated with the right-of-way
management of Phase Three of the Project.
construction
GENERAL TERMS AND CONDITIONS
law, each Party to this Agreement, together with its
20. To the fullest extent permitted by
representatives and directors, and their successors,
officers, employees, agents, officials, and hold
“Indemnitors’) shall defend, indemnify
guarantors, and any assignees (collectively directors and
the other Party, its officers, employees, agents, officials,
harmless from and against any and all liability, claims,
representatives (collectively, “Indemnitees”)
and (including but not limited to, court costs,
losses, suits, actions, damages, expenses
and costs of claim processing, investigation and litigation (collectively
attorneys’ fees, loss of life, or loss or damage to property,
Claims) for any personal injury, bodily injury,
violation of any federal, state, or local Jaw or ordinance, or
or loses of use thereof, or any of its
of action related to or arising out of the Indemnifying Party’s performance
other cause
Page 9 of 14

of this Agreement, or caused, in whole or in part, by the
obligations pursuant to the terms in
for whose acts Indemnitor is responsible,
acts or omissions of the Iindemnitor, or anyone
This indemnity includes any claim or amount arising
the performance of this Agreement. out of the failure of
recovered under the Workers Compensation Law or arising
out of or ordinance, rule, regulation
Indemnitor to conform to any federal, state or local law, statute,
or court decree.
become effective on the date it is approved by the Maricopa County
21. This Agreement shall and remain in full force and
Board of Supervisors and the Queen Creek Town Council,
conditions have been satisfied, provided, however that the
effect until all terms and
shall survive the termination of this Agreement.
indemnification and Insurance provisions
be amended upon written Agreement by all Parties.
22. This Agreement may
other thirty (30) days prior written notice
23. Either Party may terminate this Agreement upon
all financial obligations incurred to the date of termination
to the other Party, provided that the road is left in a
have been satisfied, and if the roadway construction has commenced,
safe and usable condition.
cancellation pursuant to the provisions of A.R.S. Section 38-
24. This Agreement is subject to
511.
with A.R.S. Section 41-4401 and further
25, The Parties warrant that they are in compliance
acknowledge that:
subcontractor who is contracted by a Party to perform work on the
25.1 Any contractor or laws and
shall warrant their compliance with all federal immigration
Project and their compliance with A.R.S. Section
regulations that relate to their employees
record of the verification for the duration of the
23-214(A), and shail keep a
employment or at least three years, whichever is longer.
employee's
shall be deemed a material breach of the contract
25.2 Any breach of the warranty,
to and including termination of the contract.
that is subject to penalties up
retain the legal right to inspect the papers of any contractor or
25.3 The Parties that the contractor or
employee who works on the Project to ensure
subcontractor
with the warranty above and that the contractor agrees
subcontractor is complying
records of said employee available during
to make all papers and employment
normal working hours in order to facilitate such an inspection.
shall make any contractor or subcontractor an agent or
25.4 Nothing in this Agreement
employee of the Parties to this Agreement.
warrants that neither it nor any contractor or vendor under
26. Each Party to this Agreement of the
with the Party to provide goods or services toward the accomplishment
contract or debarred by any federal agency, which has
objectives of this Agreement is suspended
that will be used in the Project described in this Agreement.
provided funding
Page 10 of 14

material breach of this Agreement and an event of
27. ‘Each of the following shall constitute a of the material
hereunder: A Party's failure to observe or perform any,
default ("Default") to be observed or performed by that
covenants, conditions or provisions of this Agreement
such failure shall continue for a period of thirty (30) days
Party ("Defaulting Party"), where from the non-defaulting
receives written notice of such failure
after the Defaulting Party Default if the Defaulting Party has
however, that such failure shall not be a
Party provided, period and thereafter is diligently
commenced to cure the Default within such thirty (30) day
but the total aggregate cure period shail not exceed
pursuing such cure to completion, time is reasonably
unless the Parties agree in writing that additional
ninety (90) days such default. In the event a Defaulting Party
under such circumstances to cure
necessary under this Agreement and is in Default
fails to perform any of its material obligations terminate this
the non-defaulting Party, at its option, may
pursuant to this Section, time thereafter, the
the occurrence of any Default and at any
Agreement. Further, upon exercise remedies now or
but shall not be required to, any
non-defaulting Party may,
hereafter available to it at law or in equity.
to the terms of this Agreement and the Federal
28. If a Party does not perform according federal-aid funding as a
Administration requires repayment of previously provided
Highway that did not perform shall be responsible for the
result of such nonperformance, the Party to the terms of this
of such funding. If both Parties do not perform according
repayment Administration requires repayment of previously
Agreement and the Federal Highway Parties shall be
federal-aid funding as a result of such nonperformance, the
provided
responsible for the repayment of such funding.
equally
to be given in writing shall be sent to:
29. All notices required under this agreement
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
Town of Queen Creek
Attn: Town Manager
22350 S. Ellsworth Road
Queen Creek, Arizona 85142
or applicable law shall be in writing and
All notices required or permitted by this Agreement certified or
(by hand or courier) or may be sent by regular,
may be delivered in person and shall be
U.S. Postal Service Express Mail, with postage prepaid,
registered mail or in this paragraph. Either Party
deemed sufficiently given if served in a manner specified
different address for notice. Any notice sent by
by written notice to the other specify a the date of
may requested, shall be deemed given on
registered or certified mail, return receipt thereon. lf
card, or if no delivery date is shown, the postmark
delivery shown on the receipt after the notice is
the notice shall be deemed given 72 hours
sent by regular mail, prepaid. Notices
in this paragraph and mailed with postage
addressed as required courier that guarantee next day
delivered by United States Express Mail or overnight
after delivery of the notice to the Postal Service or
delivery shall be deemed given 24 hours
courier.
Page 11 of 14

does not imply authority to perform any tasks, or accept any responsibility,
30. This Agreement
not expressly stated in this Agreement.
unless the intention to do so is
31. This Agreement does not create a duty or responsibility
clearly and unambiguously stated in this Agreement.
authority to control the subject roadway, except to the
32. This Agreement does not grant
the tasks expressly undertaken pursuant to this Agreement.
extent necessary to perform
other than in the current fiscal year, 's
33, Any funding provided for in this Agreement, of
and appropriated by the Maricopa County Board
contingent upon being budgeted
Creek Town Council in such fiscal year. This Agreement may
Supervisors and the Queen
at the end of any fiscal year due to non-appropriation of funds.
be terminated by any Party
and inure to the benefit of the Parties and their
34. This Agreement shall be binding upon in this
and assignees. Neither Party shall assign its interest
respective successors
without the prior written consent of the other Party.
Agreement
Exhibits attached to this Agreement, sets forth ali of the
35. This Agreement, including all
conditions and understandings between the Parties,
covenants, promises, agreements, either
covenants, promises, agreements, conditions or understandings,
and there are no This
the Parties other than as set forth in this Agreement.
oral or written, between with its fair meaning and
shall be construed as a whole and in accordance
Agreement other rule requiring construction against the party
without regard to any presumption or
drafting this Agreement.
and has had the opportunity to have it reviewed
36. Each Party has reviewed this Agreement
by legal counsel.
to it under this Agreement is not a waiver of
37. The waiver by any Party of any right granted
waiver be deemed to be a
other right granted under this Agreement, nor may any
any obtained by reason of the continuation of any matter
waiver of a subsequent right
previously waived.
of this Agreement shall be interpreted in such a manner
38. Wherever possible, each provision under
valid under applicable law, but if any provision shall be invalid or prohibited
4s to be to the extent of such prohibition or invalidation
the law, such provision shall be ineffective
not invalidate the remainder of such provision or the remaining provisions.
but shall
of this Agreement shall survive the
39. The indemnification and insurance provisions
termination of this Agreement.
shall create any partnership, joint venture or other
AO. Nothing contained in this Agreement
the Parties hereto. Except as expressly provided in this Agreement, no
agreement between is intended or shall be for the benefit of any person of
term or provision of this Agreement
and no such other person oF entity shall have any right
entity not a party to this Agreement,
or cause of action under this Agreement.
Page 12 of 14

Unless otherwise specified in this
41. Time ig of the essence concerning this Agreement. date for
used in this Agreement means calendar day. If the
Agreement, the term day as time period
under this Agreement or the last day of any
performance of any obligation then the date for
in this Agreement falls on a Saturday, Sunday or legal holiday,
provided at the close of business on the first day thereafter
performance or time period shall expire
which is not a Saturday, Sunday or legal holiday.
contained in this Agreement are for reference purposes only
42. Sections and other headings
in the meaning or interpretation of this Agreement.
and shall not affect any way
counterparts, each of which shall be
be executed in two or more
43. This Agreement may instrument. Faxed,
but all of which together shall constitute the same
deemed an original
and scanned signatures are acceptable as original signatures.
copied
and/or deliver to each other such other instruments and
44. The Parties agree to execute to be
to fulfill the covenants and obligations
documents as may be reasonably necessary
performed by such Party pursuant to this Agreement.
for claim arising out of or in any way related
45. The Parties hereby agree that the venue any
to this Agreement shall be Maricopa County, Arizona.
shall be governed by the laws of the State of Arizona.
46. This Agreement
terminated by the Parties, this Agreement expires upon
47. Unless otherwise lawfully
of the Project and fulfillment of all terms of the Agreement.
completion and acceptance
End of Agreement - Signature Page Follows
Page 13 of 14

IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY QUEEN CREEK
Recommended by:
CONG g)
asl24l 2010
Jesnifer Voth, PLE Date
Transpo ation Director
Approved and Accepted by: Approved and Accepted by:
Clint Hickman, Chairman Date Gail Barney / Date
Board of Supervisors Mayor
Attest by: Attest by:
OerrrraponXoouier hfe
Clerk of the Board Date Ton Clerk [| Date
APPROVAL OF DEPUTY COUNTY ATTORNEY AND TOWN ATTORNEY
| hereby state that | 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.
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Deputy County Attorney Date Town Attorney Date
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