TOW-MC PERMITTING IGA 4-7-2015_FOREPAUGH_UNSIGNED.DOCX

Intergovernmental Agreement
Between
Town of Wickenburg and Maricopa County
For
Regulation of the Forepaugh Property
This Intergovernmental Agreement (“Agreement”) is entered into pursuant to A.R.S. §
11-952 between the Town of Wickenburg (“Town”), a political subdivision of the State of
Arizona, and Maricopa County (“County”), a political subdivision of the State of Arizona, for
the purpose of regulating certain Property located twelve miles west of Wickenburg on US 60
between mileposts 94 and 95 in unincorporated Maricopa County; Assessor’s Parcel Nos. 506-
10-006, 506-10-007, and 506-10-009 (“Property”) and commonly known as the Forepaugh
Property, currently or formerly owned by the Town and located within the County’s
jurisdictional territory. Town and County are sometimes referred to within the Agreement as the
“Parties,” with each entity sometimes referred to as a “Party.”
Recitals
A. Town, pursuant to A.R.S. § 9-240 and Title 9, Chapter 7, Article I, Arizona Revised
Statutes, and County, pursuant to A.R.S. § 11-861 et seq., are authorized to regulate the
quality, type of material and workmanship of all aspects of building construction and to
adopt uniform codes regulating such construction.
B. Town and County may contract for services and enter into agreements with one another
for joint or cooperative action pursuant to A.R.S. § 11-951 et seq.
C. Town and County desire to establish jurisdictional authority for compliance with building
and development codes for the Property.
NOW, THEREFORE, Town and County, pursuant to the above and in consideration of the
matters hereinafter set forth, do mutually agree as follows:
Agreement
1. Obligations of the Parties.
a. Town. Town shall be responsible for the subdivision, public and private
infrastructure, design and construction compliance with adopted building,
plumbing, electrical, fire prevention, mechanical codes, and issuance of
certificates of occupancy for buildings and other structures built on the Property
within the territorial jurisdiction of County. Town will review and approve the
plats and plans, issue the required permits in connection therewith, and perform
required inspections. Town will be solely responsible for interacting with the
Flood Control District of Maricopa County regarding any floodplain issues or
required permits which may be determined to be applicable to the Property.
b. County. County has jurisdiction for all zoning-related decisions and County
agrees to consult with and cooperate with Town in the exercise of zoning on the
Property.
File: 0112-003-0000-0000; Desc: TOW-MC Forepaugh Permitting IGA 3-9-2015; Doc#: 219630v1

2. Fees. If any permits, inspections or other fees are required in connection with plat
review, plan review, permits, and inspections for the Property, they shall be paid to
Town. If any zoning-related fees are required in connection with a zoning decision for the
property, they shall be paid to County.
3. Expansion of Property. The Parties agree that any adjacent parcels acquired by Town or
its successors-in-interest that are incorporated into the Forepaugh Property shall be
covered by the terms of this Agreement. Town shall provide prompt written notice to
County whenever such adjacent parcels have been acquired by Town or its successors-in-
interest.
4. Term. This Agreement shall commence on the date it is recorded with the Maricopa
County Recorder and shall serve in perpetuity unless terminated by either Party.
5. Compliance with All Laws. The Parties shall comply with all federal, state and local
laws, rules, regulations and standards, without limitation to those designated within this
Agreement. Any changes in governing laws, rules and regulations during the term of this
Agreement shall apply but do not require an amendment.
6. Responsibility. To the extent permitted by law, each Party agrees to be responsible for
the acts and omissions of its officers, agents and employees taken pursuant to this
Agreement.
7. Remedies. Either Party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy
and each shall be cumulative and in addition to any other right or remedy existing at law
or at equity or by virtue of this Agreement.
8. Severability. If any provision of this Agreement is held to be invalid or unenforceable,
the remaining provisions shall continue to be valid and enforceable to the full extent
permitted by law.
9. Entire Agreement. This document constitutes the entire agreement between the parties
pertaining to the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. This
Agreement may be modified, amended, altered or extended only by a written amendment
signed by the Parties.
10. Notification. All notices or demands upon any party to this agreement shall be in writing,
unless other forms are designated elsewhere, and shall be delivered in person or sent by
mail addressed as follows:
If to Town: Town Manager
Town of Wickenburg
155 North Tegner Street, Suite A
Wickenburg, Arizona 85390
File: 0112-003-0000-0000; Desc: TOW-MC Forepaugh Permitting IGA 3-9-2015; Doc#: 219630v1

With a Copy To: Wickenburg Town Attorney
c/o Curtis, Goodwin, Sullivan, Udall & Schwab, PLC
501 East Thomas Road
Phoenix, Arizona 85012
If to County: Deputy County Manager
Maricopa County
301 West Jefferson Street
Phoenix, Arizona 85003
With a Copy To: Chief Civil Deputy County Attorney
Maricopa County Attorney’s Office
301 West Jefferson Street
Phoenix, Arizona 85003
11. Termination. Either Party may, at any time and without cause, cancel this Agreement by
providing 30 days written notice to the other Party of intent to cancel.
In Witness Whereof, the Parties have caused this Intergovernmental Agreement to be
executed as of the dates set forth below.
TOWN OF WICKENBURG: MARICOPA COUNTY:
By: By:
John H. Cook, Mayor Steve Chucri, Chair
Board of Supervisors
Date: Date:
ATTEST: ATTEST:
By: By:
Gloria Leija, Town Clerk Fran McCarroll, Clerk of the Board
File: 0112-003-0000-0000; Desc: TOW-MC Forepaugh Permitting IGA 3-9-2015; Doc#: 219630v1

Intergovernmental Agreement Determination
The following Intergovernmental Agreement between the Town of Wickenburg and Maricopa
County has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have
determined that it is in proper form and is within the powers and authority granted under the laws
of the State of Arizona to those parties to the Intergovernmental Agreement represented by the
undersigned.
TOWN OF WICKENBURG
Kelly Y. Schwab,
Curtis, Goodwin, Sullivan, Udall & Schwab, PLC
Town Attorney
MARICOPA COUNTY
Deputy County Attorney
File: 0112-003-0000-0000; Desc: TOW-MC Forepaugh Permitting IGA 3-9-2015; Doc#: 219630v1