DEER VALLEY IGA WITH COUNTY RE LIBRARY FOURTH AMENDMENT.PDF

FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
MARICOPA COUNTY LIBRARY DISTRICT
AND THE DEER VALLEY UNIFIED SCHOOL DISTRICT NO. 97
FOR THE
OPERATION OF A REGIONAL AND HIGH SCHOOL LIBRARY
Agenda # C-65-03-001-2-05
This FOURTH AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT is entered into, effective this _____ day of ____________________, 2014,
by and between the Maricopa County Library District, a political subdivision of the State
of Arizona, hereinafter referred to as “LIBRARY DISTRICT” and the Deer Valley Unified
School District No. 97 of Maricopa County, a political subdivision of the State of Arizona,
hereinafter referred to as “SCHOOL DISTRICT.”
RECITALS:
WHEREAS, the parties have entered into an intergovernmental agreement
(No. C65-03-001-2) dated July 9, 2002 and recorded on November 14, 2002 at the
Maricopa County Recorder's Office, No. 2002-1202392, as amended by the First
Amendment to Intergovernmental Agreement effective September 28, 2004, Second
Amendment to Intergovernmental Agreement effective July 9, 2002, and Third
Amendment to Intergovernmental Agreement effective July 9, 2002 (collectively
"Intergovernmental Agreement"); and
WHEREAS, the parties desire to amend the Intergovernmental Agreement
to document School District’s exclusive use of two classrooms in the Library and to
remove space from the Library so as to provide for the construction and operation of a
computer and media laboratory (the “Media Lab”) by the School District and
NOW, THEREFORE, in consideration of the covenants hereinafter set forth,
the parties agree as follows:
1. GENERAL
1.1. The parties agree that School District shall construct improvements for the
purpose of operating a computer and media laboratory within the existing
library at Boulder Creek High School as indicated on the site plan prepared by
DLR Group dated August 11, 2014, and entitled “Boulder Creek Library –
Media Lab Proposal Deer Valley United School District” which site plan is
attached as Exhibit “A” (hereinafter "Media Lab Improvements") and is made a
part hereof. The District will use its best efforts to ensure that the construction
JNM: 2258675.5 -1-

of the Media Lab Improvements shall not impact the operations of Library
District.
1.2. The parties agree that the area of the Library used by the Library District is
reduced by approximately one thousand two hundred (1,200) square feet of the
existing space and said space is dedicated for the exclusive use by School
District as a computer and media laboratory (the “Media Lab Area”) pursuant to
the Media Lab Improvements shown on Exhibit A. The School District shall
have exclusive use and occupancy of the Media Lab Area to be used as a
computer and media laboratory by School District upon completion of the
Media Lab Improvements. School District is solely responsible for securing the
Media Lab Area and all equipment therein. The Library District shall allow
School District access to the Media Lab through the Library during Media Lab
Operating Hours.
1.3. School District shall be solely responsible for the financial cost of, and
construction management of, the Media Lab Improvements. Media Lab
Improvements not identified on the Site Plan shall be excluded from and not be
subject to this Fourth Amendment.
1.4. School District shall be solely responsible for the financial cost of, and
installation of, any updated furnishings and equipment necessary for the
operation of the Media Lab, including any furniture, shelving, equipment,
computers and like items. Notwithstanding any other provisions, the updated
furnishings and equipment in the Media Lab are the property of School District.
Within 30 days of completion of the Media Lab Improvements, School District
will provide to the Library District a list of updated furnishings and equipment
installed in the Media Lab. School District is responsible to secure and insure
the furnishings and equipment against all loss.
1.5. The parties agree that School District, at School District’s sole cost and
expense, may also construct additional improvements to the Library such as a
proposed lighting improvement as agreed to by the parties in writing. Library
District delegates authority to the Maricopa County Library District Director to
act on behalf of Library District with regards to providing School District with
Library District’s written approval of said lighting improvements. Library District
shall not be responsible for the financial cost of said lighting improvements.
1.6. The parties shall execute reasonable documents necessary to facilitate the
construction of the Media Lab Improvements, including but not limited to any
temporary construction easements and cooperation in obtaining any requisite
permits.
1.7. The School District shall be responsible for ensuring that the Media Lab
Improvements are constructed in accordance with applicable design standards,
building codes, and regulatory specifications. School District shall obtain a
building permit from the jurisdictional agency for the Media Lab Improvements
JNM: 2258675.5 -2-

and a Certificate of Occupancy from the jurisdictional agency upon construction
completion of the Media Lab Improvements.
1.8. All Media Lab Improvements are the property of School District.
1.9. The parties acknowledge that School District has exclusive use of two
classrooms within the Library totaling approximately 1,780 square feet of space
(the “Class Room Space”).
2. MISCELLANEOUS
2.1. Except as expressly modified by the provisions of this Fourth Amendment, the
Intergovernmental Agreement shall continue in full force and effect. In the
event any inconsistencies exist between the terms of this Fourth Amendment
and the Intergovernmental Agreement, this Fourth Amendment shall control.
This Fourth Amendment is hereby incorporated by reference into the
Intergovernmental Agreement. This Fourth Amendment may be executed in
counterpart originals, each of which when duly executed and delivered shall be
deemed an original and all of which when taken together shall constitute one
instrument. This Intergovernmental Agreement is subject to A.R.S. §38-511
and may be terminated pursuant thereto.
2.2. The parties to this agreement acknowledge that they are aware that the Civil
Services Division of the Maricopa County Attorney’s Office (Civil Division) may
be chosen as attorney for other parties to this agreement, and the signing
parties acknowledge that it is aware of a potential conflict of interest, and it
waives any claim of conflict of interest, which may arise by virtue of Civil
Division’s representation of other parties to this agreement.
JNM: 2258675.5 -3-

C-65-03-001-2-05
IN WITNESS WHEREOF, the DEER VALLEY UNIFIED SCHOOL DISTRICT NO. 97 and
the MARICOPA COUNTY LIBRARY DISTRICT have executed this Fourth Amendment to
the Intergovernmental Agreement effective on the date first above written.
DEER VALLEY UNIFIED MARICOPA COUNTY
SCHOOL DISTRICT NO. 97 LIBRARY DISTRICT
By: ___________________________ By: __________________________
Superintendent Chairman, Board of Directors
Deer Valley Unified School District Maricopa County Library District
No. 97
ATTEST: ATTEST:
By: ___________________________ By: __________________________
The foregoing Fourth Amendment has been reviewed by the undersigned counsel who
have determined that it is in proper form and within the power and authority granted
under the laws of the State of Arizona.
_______________________________ ______________________________
Attorney, for the Attorney, for the Maricopa County
Deer Valley Unified School District Library District
Date: __________________________ Date: __________________________
Exhibit “A”
JNM: 2258675.5 -4-

“Boulder Creek Library – Media Lab Proposal Deer Valley United School District”
(see attached document)
JNM: 2258675.5 -5-

JNM: 2258675.5 -6-