20141218144901287.PDF

When Recorded Return to:
Flood Control District of Maricop a County
2801 West Durango Street
Phoenix, AZ 85009-6399
INTERGOVERNMENTAL AGREEMENT
Among
THE CITY OF SURPRISE, THE CITY OF PEORIA, MARICOPA COUNTY,
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for the
RIGHTS-OF-WAY ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION
MANAGEMENT, AND OPERATION AND MAINTENANCE
of the
115TH AVENUE AND UNION HILLS DRIVE DRAINAGE IMPROVEMENTS PROJECT
IGA FCD 20I4A002
Agenda Item
This Intergovernmental Agreement (Agreement) is entered into by and among the City of Surprise, a
municipal corporation, acting by and through its City Council, hereinafter called SURPRISE, the City of
Peoria, a municipal corporation, acting by and through its City Council, hereinafter called PEORIA, Maricopa
County, a political subdivision of the State of Arizona, acting by and through its Board of Supervisors,
hereinafter called the COUNTY, and the Flood Control District of Maricopa County, a municipal
corporation and political subdivision of the State of Arizona, acting by and through its Board of Directors,
hereinafter called the DISTRICT. The DISTRICT, SURPRISE, PEORIA, and the COUNTY are hereinafter
collectively called the PROJECT PARTNERS.
This Agreement shall become effective as of the date it has been executed by all patties and has been
recorded by the Maricopa County Recorder.
STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 48-3603, as revised, to enter
into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the
DISTRICT.
2. SURPRISE is empowered by Arizona Revised Statutes Section 11-951 et. al., as amended, to enter into
this Agreement and has authorized the undersigned to execute this Agreement on behalf of SURPRISE.
3. PEORIA is empowered by its Peoria City Charter Article 1, Sec. 3 (15) and by Arizona Revised Statutes
Section 11-951, as amended, to enter into this Agreement and has authorized the undersigned to execute
this Agreement on behalf of PEORIA.
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4. The COUNTY is empowered by Arizona Revised Statutes Section 11-251, as amended, and Section 28-
6701, as amended, to enter into this Agreement and has authorized the undersigned to execute this
Agreement on behalf of the COUNTY.
BACKGROUND
5. The 115th Avenue and Union Hills Drive watershed extends from Rose Garden Lane on the North and
up to 1/2 mile east of 99th Avenue on the East, to approximately Del Webb Boulevard and the Agua Fria
River on the South, and to the Coyote Lakes development and the Agua Fria River on the West.
6. In 2002, the DISIRICT, PEORIA, and the City of Glendale completed an update of the Glendale
Peoria Area Drainage Master Plan, and a recommended plan was chosen for improving the Beardsley
Road Channel. In 2011, the 107t 1 Avenue and Union Hills Drive Design Concept Report was completed
by the DISTRICT to address specific on-going drainage and flooding issues along Union Hills Drive
from 107th Avenue to 115th Avenue. This study recommended a regional flood mitigation project that
was recommended for inclusion in the DISTRICT's 2012/2013 CIP program. In 2013 the DISTRICT
conducted an Alternatives Analysis to study alternative solutions for conveyance of the Beardsley
Channel flows.
7. The Design Concept Report and Alternatives Analysis recommended structural solutions to mitigate
flooding hazards in the area bounded on the west by 115th Avenue, on the north by Beardsley Road, and
east by 107th Avenue, and on the south by the Agua Fria River. The anticipated features include
improvements to existing channels, construction of new storm drains, and construction and/or
improvements to basins, as shown in Exhibit A, hereinafter called the PROJECT. It is anticipated that
the PROJECT will be implemented in phases.
The PROJECT will:
• Provide 100-year flood protection to properties between 107th Avenue and 115th Avenue, and from
Beardsley Road to Union Hills Drive, and along 115th Avenue south of Bell Road.
• Mitigate roadway flooding along 107th Avenue, Union Hills Drive, 115th Avenue, and Bell Road.
• Safely convey the 100-year flood to the Agua Fria Rivet
• Provide opportunities for future multiple-use benefits.
8. On March 28, 2012, the Board of Directors of the DISTRICT adopted Resolution FCD 2011R009 (C-
69-12-050-6-00), authorizing the DISTRICT to cost-share in the PROJECT, and to negotiate
Intergovernmental Agreements for the design, rights-of-way acquisitions, construction, construction
management, and operation and maintenance of the PROJECT. On June 19, 2013, the Board of
Directors adopted Resolution FCD 2011R009A (C-69-12-050-6-01) which revised the PROJECT
authorized area for obtaining land rights.
9. On April 24, 2013, the Board of Directors of the DISTRICT approved Intergovernmental Agreement
FCD 2012A005 (C-69-13-041-3-00), among the DISTRICT, PEORIA, and SURPRISE, for the design of
the PROJECT. The subject design is in progress, with a projected completion date for Phase 1 of March
2015.
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PURPOSE OF THE AGREEMENT
10. This Agreement identifies and defines the responsibilities of the DISTRICT, PEORIA, SURPRISE and
the COUNTY, for PROJECT cost-sharing activities related to rights-of-way acquisition, utility
relocations, construction, construction management, and operation and maintenance.
TERMS OF AGREEMENT
11. The PROJECT, as referenced herein, is defined by paragraph 7 of this Agreement.
12. The PROJECT COST, as referenced herein, solely encompasses the following costs directly associated
with the PROJECT and incurred after the effective date of this Agreement:
12.1 All costs associated with acquiring rights-of-way required for the PROJECT. All costs associated
with additional rights-of-way acquired at a PROJECT PARTNER's request for non-flood control
purposes will be borne solely by the requesting party and are not components of the PROJECT
COST.
12.2 Costs of relocating conflicting utilities in place by prior rights. Utilities in place without prior rights
will be relocated at their owners' expense; associated costs are not components of the PROJECT
COST.
12.3 Costs of construction, construction management and post-design contracts.
12.3.1 Shared costs of landscaping and aesthetic features in accordance with and not to exceed
the DISTRICT's "Policy for the Aesthetic Treatment and Landscaping of Flood Control
Projects" (POLICY). Landscaping, aesthetic features and park amenities, in addition to
those allowed by the DISTRICT's POLICY and if compatible with the PROJECT
function, may be included in PROJECT contracts at the request of a PROJECT
PARTNER; the additional construction and associated construction management costs
being solely at the requesting PROJECT PARTNER's expense.
12.3.2 If construction management services are not accomplished under contract, construction
management costs shall be assigned a value of eight percent (8%) of the actual
construction cost of the PROJECT plus actual costs for materials testing and survey work
associated with construction management.
12.4 Each PROJECT PARTNER will 'pay for, and not seek reimbursement for, its own personnel and
internal administrative costs associated with this PROJECT, including costs associated with the
issue of PROJECT permits, unless specifically identified otherwise in this Agreement.
13. The PROJECT COST associated with this Agreement is estimated to be $10,700,000.
13.1 The PROJECT COST is estimated based on the best information available at the time of this
Agreement, and is subject to change without amendment to this Agreement. Upon recognition of
anticipated cost increases above this estimated PROJECT COST, PROJECT PARTNERS shall
communicate these anticipated increases.
14. DISTRICT funding for this Agreement shall be from secondary flood control tax levy revenue and is
contingent upon funding availability within the DISTRICT's Capital Improvement Program,
15. SURPRISE funding for this Agreement shall be from capital funding.
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16. PEORIA funding for this Agreement shall be from capital funding.
17. COUNTY funding for this Agreement shall be from Highway User Revenue Funds (HURF) monies.
18. The target date for completion of the first phase of the PROJECT construction is September 2016. The
DISTRICT shall inform the PROJECT PARTNERS of delays impacting this target completion date.
19. The DISTRICT shall:
19.1 Fund fifty percent (50%) of the PROJECT COST, less the COUNTY's one-time contribution of
$367,000, making the DISTR1CT's estimated share $5,166,500.
19.2 Serve as the lead agency for utility relocations required for the PROJECT.
19.2.1 Coordinate with a PROJECT PARTNER for the relocation of conflicting utilities within
the PROJECT PARTNER's rights-of-way.
19.2.2 Invoice SURPRISE and PEORIA for their share of the PROJECT COST associated with
the utility relocation as it is incurred, no more frequently than quarterly, and no less
frequently than annually.
19.3 Serve as the lead agency for PROJECT rights-of-way acquisition.
19.3.1 Obtain tights-of-way required for the PROJECT, and transfer to the PROJECT
PARTNERS the rights-of-way acquired for the PROJECT in their respective jurisdictions,
in accordance with operation and maintenance responsibilities as defined in Paragraphs
19.8, 20.7, 21.7, and 22.7 of this Agreement upon completion and acceptance of the
PROJECT. The rights-of-way will be transferred to the appropriate PROJECT
PARTNER in fee, or a perpetual easement over the rights-of-way will be granted to the
appropriate PROJECT PARTNER. The primary use of any land and/or property
purchased by the DISTRICT and conveyed to a PROJECT PARTNER shall be for
specific flood control purposes, and should that land and/or property cease to be used for
flood control purposes, said land and/or property shall revert to the DISTRICT. Said
reversion shall be effectuated through judicial proceedings instituted by the DISTRICT in
a court of general jurisdiction in the State of Arizona. If all or a part of this property is
subsequently sold by A PROJECT PARTNER it shall be a restriction on the transfer
document that the primary use of the property must continue to be for flood control
purposes, or the aforementioned reversionary clause on the transfer deed to the
PROJECT partner, shall be initiated, and the property will be considered reverted back to
the DISTRICT. If it is mutually agreed between the PROJECT PARTNERS that
property purchased for the PROJECT is no longer needed for flood control purposes and
therefore available for sale, the PROJECT PARTNER may sell the property under the
stipulation that the DISTRICT and other PROJECT PARTNERS shall be paid its cost
share percentage of the original acquisition cost, along with their pro-rata share of any
appreciation in land value from the original acquisition price of the property for the
PROJECT to the final disposition price at the time that the PROJECT PARTNER
disposes of the property.
19.3.2 Invoice the PROJECT PARTNERS for their share of the PROJECT COST associated
with right-of-way acquisition as it is incurred, no more frequently than quarterly, and no
less frequently than annually.
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19.4 Serve as the lead agency for PROJECT construction and construction management.
19.4.1 Provide Phase 2 design and construction plans for COUNTY review and comment.
19.4.2 Upon award of a construction contract for the PROJECT, invoice SURPRISE and
PEORIA for fifty percent (50%) of their share of the PROJECT COST associated with
construction and construction management for that contract.
19.4.3 Upon completion of a construction contract for the PROJECT, prepare a final accounting
including change orders and construction management costs not previously paid, and
invoice SURPRISE and PEORIA for the remainder of their share of all PROJECT COST
incurred to date.
19.4.4 Upon completion of a construction contract for Phase 2 of the PROJECT, invoice the
COUNTY for the CO UNTY's one-time contribution of $367,000 (COUNTY's
contribution) for its share of the construction costs.
19.5 If it incurs non-flood control costs that are not a component of the PROJECT COST at the
request of a PROJECT PARTNER, per paragraphs 12.1 and 12.3.1 of this Agreement, invoice the
PROJECT PARTNER as these costs are incurred, no more frequently than quarterly, and no less
frequently than annually.
19.6 Serve as the lead agency for PROJECT public involvement activities.
19.7 Participate in a final inspection of the PROJECT with the PROJECT PARTNERS.
19.8 Own_ the PROJECT south of Bell Road, and maintain same, except for any public-use facilities
within the areas which will be maintained and managed by SURPRISE; own and maintain the
PROJECT Beardsley Channel improvements.
19.9 Participate, as desired by the DISTRICT, with the PROJECT PARTNERS in an annual inspection
of the PROJECT. Any deficiencies relating to flood control, and for which the PROJECT
PARTNER is responsible, shall be corrected by the PROJECT PARTNER within thirty (30)
calendar days. If the PROJECT PARTNER has not taken corrective action within this time, the
DISTRICT reserves the tight to perform the corrective action, and will invoice the PROJECT
PARTNER for the total costs incurred by the DISTRICT.
19.10 The DISTRICT reserves the right to review and comment on the design and/or construction of
any future changes or modifications to the PROJECT that may affect the hydraulic function of the
PROJECT.
20. SURPRISE shall:
20.1 Fund twenty five percent (25%) of the PROJECT COST, less the COUNTY's contribution,
making SURPRISE's estimated share $2,583,250.
20.2 Within thirty (30) calendar days of receipt, pay all invoices issued by the DISTRICT in accordance
with the terms of this Agreement.
20.3 Participate in PROJECT public involvement activities.
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20.4 Cause to be relocated at no cost to the PROJECT all utilities within its jurisdiction that are in place
by permit and/or without prior rights.
20.5 Provide all SURPRISE owned and controlled rights-of-way necessary for the PROJECT, and not
specifically purchased for this PROJECT, at no cost to the PROJECT.
20.6 Participate in the final inspection of the project with the District.
20.7 Be responsible for all operations and maintenance of the PROJECT within SURPRISE limits,
including maintenance and management of any public use facilities within SURPRISE limits; as
well as the storm drain within 115th Avenue.
20.7.1 The maintenance activities to be performed include, but are not limited to, maintaining the
flood control function of the PROJECT, including sediment and vegetation removal and
any and all aesthetic, park, and public use features, maintenance of landscaping, irrigation,
multi-use trails and berms, removal of trash and debris, electricity and other operation
costs for the facilities, vandalism repair and replacement, and structural repair and
replacement of the flood control structures.
20.8 Schedule, and invite the DISTRICT to participate in, an annual inspection of the PROJECT.
Any deficiencies relating to flood control for which SURPRISE is responsible shall be corrected by
SURPRISE within thirty (30) calendar days. If SURPRISE has not taken corrective action within
this time, the DISTRICT reserves the right to perform the corrective action and SURPRISE shall
reimburse the DISTRICT for the total costs incurred by the DISTRICT within thirty (30) calendar
days of receipt of an invoice from the DISTRICT.
20.9 Be responsible for assuring the safety and appropriateness of any non-flood control uses of the
PROJECT prior to offering to make or making the PROJECT available for such uses.
20.10 Obtain DISTRICT review and comments on the design and/or construction of any future changes
or modifications to the PROJECT, and resolve and/or incorporate the DISTRICT's comments
into these future PROJECT modifications.
21. PEORIA shall:
21.1 Fund twenty five percent (25%) of the PROJECT COST, less the COUNTY's contribution,
making PEORIA's estimated share $2,583,250.
21.2 Within thirty (30) calendar days of receipt, pay all invoices issued by the DISTRICT in accordance
with the terms of this Agreement.
21.3 Participate in PROJECT public involvement activities.
21.4 Cause to be relocated at no cost to the PROJECT all utilities within its jurisdiction that are in place
by permit and/or without prior rights.
21.5 Provide all PEORIA owned and controlled rights-of-way necessary for the PROJECT, and not
specifically purchased for this PROJECT, at no cost to the PROJECT.
21.6 Participate in the final inspection of the project with the District.
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21.7 Be responsible for all operations and maintenance of the PROJECT within PEORIA limits,
including maintenance and management of any public use facilities within PEORIA.
21.7.1 The maintenance activities to be performed include, but are not limited to, maintaining the
flood control function of the PROJECT, including sediment and vegetation removal and
any and all aesthetic, park, and public use features, maintenance of landscaping, irrigation,
multi-use trails and berms, removal of trash and debris, electricity and other operation
costs for the facilities, vandalism repair and replacement, and structural repair and
replacement of the flood control structures.
21.8 Schedule, and invite the DISTRICT to participate in, an annual inspection of the PROJECT.
Any deficiencies relating to flood control for which PEORIA is responsible shall be corrected by
PEORIA within thirty (30) calendar days. If PEORIA has not taken corrective action within this
time, the DISTRICT reserves the right to perform the corrective action and PEORIA shall
reimburse the DISTRICT for the total costs incurred by the DISTRICT within thirty (30) calendar
days of receipt of an invoice from the DISIRICT.
21.9 Be responsible for assuring the safety and appropriateness of any non-flood control uses of the
PROJECT prior to offering to make or making the PROJECT available for such uses.
21.10 Obtain DISTRICT review and comments on the design and/or construction of any future changes
or modifications to the PROJECT, and resolve and/or incorporate the DISTRICT's comments
into these future PROJECT modifications.
22. The COUNTY shall:
22.1 Provide Phase 2 design and construction review and comments to the DISTRICT at the
COUNTY's expense.
22.2Fund a one-time contribution of $367,000 for the storm drain construction along Union Hills Drive
from 107th Avenue to 111th Avenue. The COUNTY's contribution is based on the fact that the
storm drain serves to provide flood protection for the intersection of 107th Avenue and Union Hills
Drive, which will ultimately provide a safer driving experience for the traveling public
22.3 Within thirty (30) calendar days of receipt, pay the invoice issued by the DISTRICT in accordance
with the terms of this Agreement.
22.4 Participate in PROJECT public involvement activities directly related to the storm drain along
Union Hills Drive from 107th Avenue to 111th Avenue.
22.5 Cause to be relocated at no cost to the PROJECT all utilities within its jurisdiction that are in place
by permit and/or without prior rights. Utility costs incurred for those utilities with confirmed
prior lights will not be paid by the COUNTY, but by the other participating PROJECT
PARTNERS to this Agreement.
22.6 Provide all COUNTY owned and controlled rights-of-way necessary for the PROJECT, and not
specifically purchased for this PROJECT, at no cost to the PROJECT.
22.7 Participate in the final inspection of the PROJECT along Union Hills Drive from 107th Avenue to
111th Avenue with the DISTRICT.
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22.8 Be responsible for all operations and maintenance of the PROJECT Union Hills Drive storm drain
system from approximately 107th Avenue to 111th Avenue.
22.8.1 The maintenance activities to be performed include, but are not limited to, maintaining the
flood control function of the PROJECT, including sediment and vegetation removal and any
and all aesthetic, park, and public use features, maintenance of landscaping, litigation, multi-
use trails and berms, removal of trash and debris, electricity and other operation costs for the
facilities, vandalism repair and replacement of the flood control structures.
22.9 Schedule, and invite the DISTRICT to participate in, an annual inspection of the storm drain along
Union Hills Drive from 107th Avenue to 111th Avenue. Any deficiencies relating to flood control
for which the COUNTY is responsible shall be corrected by the COUNTY within thirty (30)
calendar days. If the COUNTY has not taken corrective action within this time, the DISTRICT
reserves the right to perform the corrective action and the COUNTY shall reimburse the DISTRICT
for the total costs incurred by the DISTRICT within thirty (30) calendar days of receipt of an invoice
from the DISTRICT.
22.10 Be responsible for assuring the safety and appropriateness of any non-flood control uses of the
portion of the PROJECT within unincorporated Maricopa County prior to offering to make or
making the PROJECT available for such uses.
22.11 Obtain DISTRICT review and comments on the design and/or construction of any future
changes or modifications to the PROJECT, and resolve and/or incorporate the DISTRICT's
comments into these future PROJECT modifications.
23. Each PROJECT PARTNER, and the PROJECT PARTNERS collectively, shall:
23.1 Comply with A.R.S. Sections 41-4401 and 23-214, subsection A.
23.1.1 Each party to this Agreement retains the legal right to inspect the records of the other
patty's and any contractors' or subcontractors' employees performing work under this
Agreement to verify compliance with A.R.S. Sections 41-4401 and 23-214, subsection A.
23.1.2 Failure by either party to this Agreement to comply with A.R.S. Sections 41-4401 and 23-
214, subsection A shall be deemed a breach of this Agreement and is subject to penalties
up to and including termination of the Agreement.
23.2 Require that any contractor selected for the PROJECT:
23.2.1 Warrant its compliance with all federal immigration laws and regulations that relate to its
employees and their compliance with A.R.S. section 23-214(A);
23.2.2 Agree that a breach of the warranty under paragraph 23.2.1 shall be deemed a material
breach of contract and is subject to penalties up to and including termination of the
contract;
23.2.3 Agree that the other party to this Agreement retains the legal right to inspect the papers of
the contractor or subcontractor employee(s) who work(s) on this Agreement to ensure
that contractor or subcontractor is complying with the warranty under paragraph 23.2.1;
23.3 Waive fees or provide in-kind services and costs to acquire any permit(s) required for the
PROJECT.
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23.4 Have the right, following mutual written agreement of all PROJECT PARTNERS, to delegate its
responsibilities under this Agreement to another party. Any delegation, however, shall not relieve
the delegating PROJECT PARTNER of its original responsibilities as defined herein.
23.5 In the case of any dispute over any items in this Agreement, agree to use their best efforts and
enter into good faith negotiations to resolve the disputed matters. However, this shall not limit the
rights of the PROJECT PARTNERS to seek any remedies provided by law.
23.6 Take reasonable and necessary actions within its authority to ensure that only storm water is
discharged into the PROJECT, and that such discharges into the PROJECT comply at the point of
discharge with any applicable requirements of the U.S. Environmental Protection Agency Clean
Water Act, Arizona Pollutant Discharge Elimination System or any other applicable discharge
requirements, including any permit requirements.
24. If in the future a part of the PROJECT in unincorporated COUNTY is annexed by a PROJECT
PARTNER, that PROJECT PARTNER agrees to take over operation and maintenance of the newly
annexed part of the PROJECT.
25. The PROJECT PARTNERS agree to equally share the cost of PROJECT compliance and cost audit to
•be initiated within sixty (60) days of PROJECT completion, if requested by any of the PROJECT
PARTNERS. An independent auditing firm agreed to by the PROJECT PARTNERS will perform the
audit. Any payments or reimbursements necessary to bring the PROJECT into compliance with the
audit findings shall be made within forty five (45) days of acceptance by the PROJECT PARTNERS.
26. The PROJECT may be phased for construction due to funding or other coordination issues.
Responsibilities of the PROJECT PARTNERS shall be phased accordingly, including, but not limited to,
invoicing, reimbursements, transfer of land rights and accepting of operation and maintenance.
27. If mutually acceptable to the PROJECT PARTNERS, PROJECT invoicing may be conducted
periodically based on actual PROJECT COST incurred, no more frequently than quarterly, in lieu of
invoicing timelines otherwise established in this Agreement.
28. Each party to this Agreement shall, as "Inderrinitor," to the extent permissible by law, indemnify, defend
and hold harmless the other Project Partner ("Indemnitee") including agents, officers, directors,
governors and employees thereof, from and against any and all loss or expense incurred as a result of any
claim or suit of any nature whatsoever, which arises out of any act or omission of Indemnitor pursuant to
this Agreement, including but not limited to, reasonable attorneys' fees, court costs, and other expenses
relating to the defense against claims or litigation, incurred by the Indemnitee. Notwithstanding the
above, Indernnitee shall be liable for its own negligence or wrongful acts as provided by law. In no event
shall the Indetnnitor owe or be obligated to pay any amounts which the Indemnitee has not actually paid
or has no actual obligation to pay. In the event any agreement to pay to resolve issues of liability is not
enforceable, or any agreement or settlement results in an actual obligation lower than the full amount of
liability, the Indemnitoes obligation to pay shall be limited to the amount Indemnitee has paid or would
be obligated to pay in the absence of any agreement to indemnify. Should the any PROJECT
PARTNER offer to make or make the PROJECT available for any non-flood control uses, the offering
PROJECT PARTNER shall, to the extent permissible by law, indemnify, defend and save harmless the
DISTRICT, including agents, officers, directors, governors and employees thereof, from any and all loss
or expense incurred as a result of any claim or suit without limitation. Such indemnification obligation is
intended to be a specific indemnity obligation rather than the general indemnity obligations set forth in
this paragraph regarding all other types of claims or suits and shall include the obligation to provide
reasonable attorneys' fees, court costs, and other expenses relating to the defense of such claims or
1GA FCD 2014A002 PCN 450.07.31 PAGE 9 OF 16
October 3,2014

29. This Agreement does not imply authority to perform any tasks, or accept any responsibility, not expressly
stated in this Agreement.
30. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and
unambiguously stated in this Agreement.
31. Whenever 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.
32. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in
person or sent by mail addressed as follows:
Flood Control District of Maricopa County
Chief Engineer and General Manager
2801 West Durango Street
Phoenix, .Arizona 85009-6399
City of Surprise
Public Works Director
16000 North Civic Center Plaza
Surprise, Arizona 85374
City of Peoria
City Manager
8401 West Monroe Street
Peoria, Arizona 85345
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 West Durango Street
Phoenix, Arizona 85009-6357
33. This Agreement shall expire either (1) ten (10) years from the date of recording with the County
Recorder, or (2) upon completion of the PROJECT and after all funding obligations and reimbursements
have been satisfied in accordance with this Agreement, whichever is the first to occur. However, by
mutual written agreement of all parties, this Agreement may be amended or terminated. The operation
and maintenance and indemnification provisions of this Agreement shall survive the expiration of this
Agreement.
34. This Agreement is subject to cancellation by any party pursuant to the provisions of Arizona Revised
Statutes Section 38-511.
35. Attached to this Agreement or contained herein are the written determinations by the appropriate
attorneys for the parties to this Agreement, that these agencies are authorized under the laws of the State
of Arizona to enter into this Agreement and that it is in proper form.
1GA FCD 2014A002 PCN 450.07.31 PAGE 10 OF 16
October 3, 2014

36. If legislation is enacted after the effective date of this Agreement that changes the relationship or
structure of one or more parties' to this Agreement, the parties agree that this Agreement shall be
renegotiated at the written request of any party.
37. The DISTRICT and the COUNTY have chosen attorneys employed by the Civil Services Division of the
Maricopa County Attorney's Office ("Civil Services Division") to act as their attorney for the purpose of
reviewing this Agreement. In so doing, by their signature below, each party acknowledges that it is aware
that the Civil Services Division will represent these two parties to this Agreement, and each party
expressly waives any conflict created thereby.
IGA FCD 2014A002 PCN 450.07.31 PAGE 11 OF 16
October 3, 2014

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Municipal Corporation
Recommended by:
William D. Wiley, RE Date
Chief Engineer and General Manager
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing Intergovernmental Agreement FCD 2014A002 has been reviewed pursuant to Arizona
Revised Statutes 11-952, as ame94d, by the undersigned General Counsel, who has determined that it is in
proper form and within the vs:Ay s and authority granted to the Flood Control District of Maricopa County
under the laws of the StateA 4zona.
Flood Control District General Counsel Date
IGA FCD 2014A002 PCN 450.07.31 PAGE 12 OF 16
October 3, 2014

CITY OF SURPRISE
A Municipal Corporation,
Sharon Wolcott, Mayor
Attest:
The foregoing Intergovernmental Agreement IGA FCD 2014A002 has been reviewed pursuant to Arizona
Revised Statutes 11-952, as amended, by the undersigned attorney who has determined that it is in proper
form and within the power and authority granted to the City of Surprise under the laws of the State of
Arizona.
1GA FCD 2014M02 PCN 450.07.31 PAGE 13 OF 16
October 3,2014

CITY OF PEORIA
A Municipal Corporation,
Bob Barrett, Mayor
By Dle 411/147
Attest:
The foregoing Intergovernmental Agreement IGA FCD 2014A002 has been reviewed pursuant to Arizona
Revised Statutes 11-952, as amended, by the undersigned attorney who has determined that it is in proper
form and within the power and authority granted to the City of Peoria under the laws of the State of Arizona.
IGA FCD 2014A002 PCN 450.07.31 PAGE 14 OF 16
October 3, 2014
LCON 07814

MARICOPA COUNTY
Recommended by:
rer Tqtli, P.D. D te
bsporttion Director
Approved and Accepted:
By:
Chairman, Board of Supervisors Date
Attest:
By:
Clerk of the Board Date
The foregoing Intergovernmental Agreement FCD 2014A002 has been reviewed pursuant to Arizona
Revised Statutes 11-251, as amended, by the undersigned Deputy County Attorney, who has determined that
it is in proper form and within the powers and authority granted to Maricopa County under the laws of the
State of Arizona.
Deputy County Attorney Date
IGA FCD 2014A002 PCN 450.07.31 PAGE 15 OF 16
October 3,2014

IGA 2014A002
EXHIBIT "A"
Li nd g re n t;iye
Drainage improvements Project
mI•• w 5050-0 Drain
II • I Existnempt0Ved Channel
BaSin Irriprovernan
I I Subdwiaiona
1,500 751 Q 1,500 FeE4
MEM.=
PCN 450.07.31 PAGE 16 OF 16
IGA FCD 2014A002
October 3, 2014