IGA CITY OF CHANDLER- WILLIS ROAD AND MCQUEEN ROAD.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF CHANDLER
FOR ABANDONMENT AND ANNEXATION
OF WILLIS ROAD AND MCQUEEN ROAD
(C-64-15- -M-00)
This Intergovernmental Agreement (“Agreement”) is between the County of Maricopa, a political
subdivision of the State of Arizona (“County”), and the City of Chandler, 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 ef seq. authorizes the County to lay out,
maintain, contro] and manage public roads within the County.
2. A.R.S. Sections 11-951 et. seg. authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
3. A.R.S. §§ 9-240 and 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
A, McQueen Road from State Route 202L (Santan Freeway) to Willis Road is located in
southeastern Maricopa County and is partly under the jurisdiction of the County, the City, and
the State of Arizona.
5. The City Council previously approved the Willis Gated Community (Ordinance No. 4545 and
DVR14-0004) located east of the southeast corner of McQueen and Willis Roads. In
conformance with the zoning approval, a median break is needed at this intersection to allow
westbound left turns from Willis Road. Design plans are currently underway for the
development to construct a median break at the intersection of McQueen Road and Willis
Road (the “Project’).
6. The portion of Willis Road and McQueen Road as shown on Exhibit A (“Parcel A") is under the
jurisdiction of the State of Arizona, Arizona Department of Transportation (ADOT).
7. The City has requested ADOT to abandon the interest held by the State of Arizona in and to
.
Parcel A, pursuant to A.R.S. Sections 28-304 and 28-7209, so that the City can annex Parcel
A pursuant to A.R.S. Section 9-471(N).
8. Upon abandonment by ADOT, Parcel A would transfer to the County until the annexation by
the City is completed.

PURPOSE OF THE AGREEMENT
9, The purpose of this Agreement is to identify and define the responsibilities of the Parties for the
abandonment and annexation of Parcel A.
TERMS OF THE AGREEMENT
10. Responsibilities of the County:
10.1 No later than five business days after this Agreement is approved by the Maricopa
County Board of Supervisors and all County signatures are applied to the
Agreement, the County shall:
13.1.1 Request ADOT to abandon Parcel A pursuant to A.R.S. Section 28-7209.
13.1.2 Provide ADOT with an executed waiver of the Advance Four Year Notice of
Abandonment in a form approved by ADOT.
10.2 The County shall notify the City once the abandonment of Parcel A by ADOT to the
County has been completed.
10.3 The County shall process the annexation of Parcel A, pursuant to A.R.S. Section 9-
471(N), in the normal course of business upon receipt of a written request for the
annexation from the City following abandonment of Parcel A by ADOT.
10.4 The County shall have no responsibility, financial or otherwise, for any aspect of the
Project, except for the issuance of permits, as may be applicable.
11. Responsibilities of the City:
11.1 The City shall act as the lead agency for all aspects of the Project.
11.2 No later than fifteen (15) days after abandonment of Parcel A by ADOT to the
County, pursuant to A.R.S. Section 9-471(N), the City shall make a formal request to
the County for the annexation of Parcel A and all other portions of Willis Road and
McQueen Road within the limits of the Project area.
11.3 The City shall be responsible for reviewing and approving all plans for the Project
and coordinating with the County regarding issuance of permits.
11.4 The City shall coordinate with the entity or entities receiving a construction permit for
the Project from the County regarding compliance with all laws, rules, regulations
and permits applicable to the Project.
11.5 In addition to the requirements under Paragraph 12 of this Agreement, the City shall,
to the extent permitted by law, indemnify, defend and save the County harmless,
including any of the County's departments, agencies, officers, employees, elected
officials or agents, from and against all loss, expense, damage or claim of any nature
whatsoever related to the County seeking abandonment of Parcel A, waiving the
Advance Four Year Notice of Abandonment, and/or assuming jurisdiction over Parcel
A, including, without limitation, all liability, losses and damages of any nature,
including costs, expenses of: litigation and reasonable attorney’s fees, 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 County seeking abandonment of
Parcel A, waiving the Advance Four Year Notice of Abandonment, design, review
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and approval by the County of any portion of the Project, and/or assuming
over Parcel A, except to the extent such injury or damage shall have
jurisdiction
caused or contributed to by the negligence, willful or malicious conduct of the
been
including any County department, agencies, officers, employees, elected
County,
In the event of any conflict between the terms of this Paragraph
officials or agents.
44.5 and Paragraph 12, this Paragraph 11.5 shall control.
GENERAL TERMS AND CONDITIONS
into this Agreement, the Parties agree that to the extent permitted by law, each
12. By entering of the Parties’
will indemnify, defend and save the other Party harmless, including any
Party elected officials or agents, from and against all
departments, agencies, officers, employees,
or claim of any nature whatsoever which is caused by any activity,
loss, expense, damage the
condition or event arising out of the negligent performance or nonperformance by
of of the provisions of this Agreement. By entering into this Agreement,
indemnifying Party any
indemnifies the other against all liability, losses and damages of any nature for or
each Party
account of injuries or death of persons or damages to or destruction of property arising
on any
in connected with the performance or nonperformance of this Agreement,
out of or any way of
damage as shall have been caused or contributed to by the negligence
except such injury or
which are the subject of this indemnity shall include but not be
that other Party. The damages
limited to the damages incurred by any Party, its departments, agencies, officers, employees,
In the event of an action, the damages which are the subject of this
elected officials or agents.
indemnity shall include costs, expenses of litigation and reasonable attorney’s fees.
shall become effective as of the date it is approved by the Maricopa County
13. This Agreement
of and remain in full force and effect until all stipulations previously indicated
Board Supervisors
been satisfied except that it may be amended upon written Agreement by all Parties. Any
have
furnishing the other Party with a written notice at
Party may terminate this Agreement upon
least thirty (30) days prior to the effective termination date.
44, This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
in compliance with A.R.S. Section 41-4401 and further
45. The Parties warrant that they are
acknowledge that:
subcontractor who is contracted by a Party to perform work on the
15.1. Any contractor or
shall warrant their compliance with all federal immigration laws and
Project
that relate to their employees and their compliance with A.R.S. Section
regulations
and shall keep a record of the verification for the duration of the
23-214(A),
employee’s employment or at least three years, whichever is longer.
breach of the warranty, shall be deemed a material breach of the contract that is
15.2 Any
subject to penalties up to and including termination of the contract.
The Parties retain the legal right to inspect the papers of any contractor or
15.3
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 and employment records of said employee available during normal
papers
working hours in order to facilitate such an inspection.
in this Agreement shall make any contractor or subcontractor an agent or
45.4 Nothing
employee of the Parties to this Agreement.
to this Agreement warrants that neither it nor any contractor or vendor under
46. Each Party of the
contract with the Party to provide goods or services toward the accomplishment
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is suspended or debarred by any federal agency which has
objectives of this Agreement
that will be used in the Project described in this Agreement.
provided funding
material breach of this Agreement and an event of
17. 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 after
Party (“Defaulting Party”), where the non-defaulting party
receives written notice of such failure from
the Defaulting Party Default if the Defaulting Party has
that such failure shall not be a
provided, however, and thereafter is diligently
commenced to cure the Default within such thirty (80) day period
but the total aggregate cure period shail not exceed ninety
pursuing such cure to completion, under
in writing that additional time is reasonably necessary
(90) days unless the Parties agree of
such default. In the event a Defaulting Party fails to perform any
such circumstances to cure to this Section, the non-
under this Agreement and is in Default pursuant
its material obligations the occurrence of
at its option, may terminate this Agreement. Further, upon
defaulting party, but shall not be required |
Default and at any time thereafter, the non-defaulting party may,
any hereafter available to it at law or in equity.
to, exercise any remedies now or
under this agreement to be given in writing shall be sent to:
18. All notices required
Maricopa County Department of Transportation
Attn: Intergovernmental Relations
2901 West Durango Street
Phoenix, Arizona 85009
City of Chandler
Attn: Transportation and Development
215 East Buffalo Street
Chandler, Arizona 85225
or applicable law shall be in writing and
All notices required or permitted by this Agreement certified or
in (by hand or courier) or may be sent by regular,
may be delivered person and shall be
mail U.S. Postal Service Express Mail, with postage prepaid,
registered or in this paragraph. Either Party may by
deemed sufficiently given if served in a manner specified
different address for notice. Any notice sent by registered
written notice to the other specify a shown
shall be deemed given on the date of delivery
or certified mail, return receipt requested, If sent by regular
card, or if no delivery date is shown, the postmark thereon.
on the receipt after the notice is addressed as required: in
mail, the notice shall be deemed given 72 hours
Notices delivered by United States Express
this paragraph and mailed with postage prepaid. after
next day delivery shall be deemed given 24 hours
Mail or overnight courier that guarantee
of the notice to the Postal Service or courier.
delivery
not imply authority to perform any tasks, or accept any responsibility, not
19. This Agreement does
expressly stated in this Agreement.
unless the intention to do so is clearly
20. This Agreement does not create a duty or responsibility
and unambiguously stated in this Agreement.
to control the subject roadway, except to the extent
21. This Agreement does not grant authority
the tasks expressly undertaken pursuant to this Agreement.
necessary to perform
other than in the current fiscal year, is contingent
22. Any funding provided for in this Agreement, and the
by the Maricopa County Board of Supervisors
upon being budgeted and appropriated Party at
Council in such fiscal year. This Agreement may be terminated by any
Chandler City ’
the end of any fiscal year due to non-appropriation of funds.
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and inure to ihe benefit of the Parties and their
23. This Agreement shail be binding upon interest in this Agreement
and assignees. Neither Party shall assign its
respective successors
without the prior written consent of the other Party.
attached to this Agreement set forth all of the covenants,
24. This Agreement and all Exhibits Parties to this Agreement,
conditions and understandings between the
promises, agreements, understandings, either oral or
covenants, promises, agreements, conditions or
and there are no and those agreements
the Parties other than as set forth in this Agreement,
written, between This Agreement shall be
executed contemporaneously with this Agreement.
which are with its fair meaning and without regard to any
construed as a whole and in accordance This
construction against the party drafting this Agreement.
presumption or other rule requiring executed by all of
cannot be modified or changed except by a written instrument
Agreement and has had the opportunity to
the Parties hereto. Each Party has reviewed this Agreement
have it reviewed by legal counsel.
to it under this Agreement is not a waiver of any
25. The waiver by any Party of any right granted deemed to be a waiver of a
under this Agreement, nor may any waiver be
other right granted continuation of any matter previously waived.
subsequent right obtained by reason of the
shall be interpreted in such a manner as
Wherever possible, each provision of this Agreement
26. shall be invalid or prohibited under the law,
to be valid under applicable law, but if any provision but shall not
shall be ineffective to the extent of such prohibition or invalidation
such provision
the remainder of such provision or the remaining provisions. -
invalidate
in this Agreement, all covenants, agreements, representations
27. Except as otherwise provided instrument executed or
warranties set forth in this Agreement or in any certificate or
and or earlier termination of this
to this Agreement shall survive the expiration
delivered pursuant
Agreement for a period of one (1) year.
shall create any partnership, joint venture or other
28. Nothing contained in this Agreement in this Agreement, no
between the Parties hereto. Except as expressly provided
agreement is intended or shall be for the benefit of any person or entity
term or provision of this Agreement shall have any right or cause
to this Agreement, and no such other person or entity
not a party
of action under this Agreement.
Unless otherwise specified in this
29. Time is of the essence concerning this Agreement... If the date for
term “day” as used in this Agreement means calendar day.
Agreement, the or the last day of any time period provided
of any obligation under this Agreement
performance Sunday or legal holiday, then the date for performance
in this Agreement falls on a Saturday, thereafter which is not a
shall expire at the close of business on the first day
or time period
Saturday, Sunday or legal holiday.
contained in this Agreement are for reference purposes only and
30. Sections and other headings
shall not affect in any way the meaning or interpretation of this Agreement.
counterparts, each of which shall be deemed
31. This Agreement may be executed in two or more and
shall constitute the same instrument. Faxed, copied
an original but all of which together
scanned signatures are acceptable as original signatures.
and/or deliver to each other such other instruments and
32. The Parties agree to execute and obligations to be
be reasonably necessary to fulfill the covenants
documents as may
performed by such party pursuant to this Agreement.
for claim arising out of or in any way related to
33. The Parties hereby agree that the venue any
this Agreement shall be Maricopa County, Arizona.
shall be governed by the laws of the State of Arizona.
34. This Agreement
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the Parties, this Agreement expires upon completion
35, Unless otherwise lawfully terminated by
and ful fillment of all terms of the Agreement.
and acceptance of the Project
End of Agreement - Signature Page Follows
Page 6 of 8

IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
SIE)
o\\iz| 2015
Jénnifer Toth, P-E~ Date
ransportation Director
Approved and Accepted by:
Steve Churci, Chairman Date
Board of Supervisors
Attest by:
Fran McCarroll Date
Clerk of the Board
APPROVAL OF DEPUTY COUNTY 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.
Deputy County Attorney Date
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iN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF CHANDLER
Recommended by:
Rich Dlugas Date
City Manager
Approved and Accepted by:
Jay Tibshraeny Date
Mayor
Attest by:
Marla Paddock Date
City Clerk
APPROVAL OF CITY ATTORNEY
reviewed the proposed Intergovernmental Agreement and declare the
| hereby state that | have
form and within the powers and authority granted to the Parties by their
Agreement to be in proper
governing bodies under the laws of the State of Arizona.
respective
City Attorney Date
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