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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND TOHONO O’ODHAM NATION MARICOPA COUNTY (“County”), a political subdivision of the State of Arizona and the TOHONO O’ODHAM NATION (“Nation”), a federally recognized tribe, enter into this Intergovernmental Agreement (“IGA”) this ____ day of March________, 2015, in order to ensure the efficient provision of important public services within the boundaries of the County. RECITALS A. The County is authorized pursuant to A.R.S. § 11-951 et seq. to enter into this Agreement. B. The Nation is authorized pursuant to the Constitution of the Tohono O’odham Nation, Article VI, Section 1(f) to enter into this Agreement. C. The County is authorized by A.R.S. § 11-321 et seq. and its codes and ordinances to issue building permits. D. The Nation constructs pursuant to its Building Codes adopted by 18 Tohono O’odham Code, Chapter 3. E. The County and the Nation have agreed that the Nation may follow its Building Codes for any construction it or its related entities perform on the Property. F. The Nation owns approximately 135 acres of real property located in unincorporated Maricopa County southwest of the intersection of Northern and 91st Avenues. This property is comprised of parcel numbers 142-56-018K, 142-56-018L, 142-56-018M, and 142-56-018N. Parcel number 142-56-018K is land held in trust for the Nation. Parcels Page 1 of 4 142-56-018L, 142-56-018M, and 142-56-018N consisting of the remaining 81.34 acres will be referred to herein as the Property. G. The County and the Nation acknowledge that the Property is in the process of being placed into federal trust as reservation land. As a result, the County and the Nation have agreed that the Nation may follow its zoning and drainage requirements for any construction it or its related entities perform on the Property. THEREFORE, the County and the Nation enter into this IGA for valuable consideration as follows: 1. The Nation may issue building permits in accordance with its Building Codes and follow its own zoning and drainage requirements for any construction it or its related entities perform in unincorporated areas within Maricopa County on the Property. County shall cooperate and issue, subject to normal and ordinary inspection and review processes, any ancillary permits required from it that may relate to such Nation construction. Nation related entities are defined as any entity the Nation has designated or directed or which is otherwise operated as a Nation facility or enterprise. 2. The Nation is encouraged to conduct a pre-application meeting or preliminary meeting with the County, at no cost to the Nation, to review each Nation project and site plan to obtain suggested development and design requirements for advisory purposes. 3. The County retains the right to approve improvements or connections within County owned public rights-of-way for water and sewer main extensions and taps to existing lines, storm sewer extensions and connections, street and sidewalk improvements, driveways and curb cuts, discharge of storm water and landscaping. The Nation shall obtain permits, plans, review, and Page 2 of 4 inspections and pay all applicable fees related to rights-of-way. No such approval shall be unreasonably withheld. 4. On land located within the Property and outside of County owned public rights-of-way the Nation will inspect and approve structures in accordance with Nation Building Codes and its zoning and drainage requirements. 5. The Nation agrees to indemnify and hold harmless the County from any liability for the performance of these structures for all items related to Nation inspection and approval, including, but not limited to, flood damage to any person or property, ADA access, exiting, smoke removal, resistance to the spread of fires, and elevators. Such indemnity shall be effective from the date the Nation assumes authority for inspections of Nation facilities and construction and, in no instance, shall be later than the date of this Agreement. 6. This Agreement shall be perpetual but may be terminated by the agreement of both parties. 7. The recitals are incorporated by reference. MARICOPA COUNTY BOARD OF SUPERVISORS By: Chairman, Board of Supervisors Date: ATTEST: Clerk of the Board APPROVED AS TO FORM: Deputy County Attorney Maricopa County, Arizona Page 3 of 4 Date: TOHONO O’ODHAM NATION By: Ned Norris, Jr., Chairman Date: Approved as to Form: Jonathan L. Jantzen, Attorney General Date: Page 4 of 4