2014-04-24 SITE SPECIFIC SSSA FOR FLOOD CONTROL SITE AT MILLER AND I-10.DOC

MARICOPA COUNTY Agreement Number G-30170
SITE-SPECIFIC SUPPLEMENTAL AGREEMENT
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE MARICOPA COUNTY,
AND
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
C-94-14-xxx-3-00
C-69-14-xxx-3-00
This Site Specific Supplemental Agreement (“SSSA”) is entered into this
_______day of _______________________, 2014, by and between the Flood Control
District of Maricopa County (“DISTRICT”), a political subdivision of the State of
Arizona and Maricopa County (“COUNTY”), a political subdivision of the State of
Arizona (“DISTIRCT” and “COUNTY” shall sometimes individually be referred to
herein as “PARTY” and collectively be referred to herein as the “PARTIES”). This
SSSA is entered into pursuant to terms of that certain Intergovernmental Agreement G-
30165 entered into by the PARTIES dated (“DISTRICT
IGA”).
RECITALS
WHEREAS, COUNTY and DISTRICT are parties to that certain
Intergovernmental Agreement G-30165 dated . The purpose of the
DISTRICT IGA is to fulfill the need for the establishment of modern and reliable
wireless communication systems for DISTRICT and COUNTY and to locate the needed
wireless communications systems on real property owned by DISTRICT and COUNTY.
WHEREAS, COUNTY requires a reliable wireless communication system for the
purpose of meeting its public safety and government agency responsibilities.
WHEREAS, DISTRICT owns a ninety feet long by seventy feet wide piece of
real property within APN 504-18-014L located in the vicinity of Miller Road and
Interstate 10 and as depicted in Exhibit “A” attached hereto and made a part hereof (the
“Site”).
WHEREAS, COUNTY has need for this site for its upgraded communication
system and the DISTRICT owns this property and will benefit from the new system as
one of its users.
WHEREAS, the PARTIES desire to enter into this SSSA to permit COUNTY to
construct, operate and maintain wireless communication facilities at the Site.
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TERMS OF AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and undertakings of
the PARTIES hereinafter set forth, it is hereby agreed as follows:
1. RECITALS. The Recitals, by this reference, shall be incorporated herein and are
made a part of this SSSA.
2. DISTRICT RESPONSIBILITIES:
a. DISTRICT shall allow County exclusive access to and use of the Site for the
construction, operation and maintenance of a new wireless communication
system facility at the Site and DISTRICT grants COUNTY permission to
enhance the Site in the future to accommodate COUNTY’s wireless
communication system requirements.
b. The PARTIES hereby agree this SSSA does not give COUNTY the authority
to construct any additional communication tower or building or to allow a
third party to add additional facilities, antennas, microwave dishes and/or any
other type of equipment to an existing tower or building, without the written
approval of DISTRICT. The PARTIES further agree DISTRICT shall be a
party to any such third-party agreement. DISTRICT shall not allow or cause
any additional wireless facilities, antennas, microwave dishes, and/or any
other type of equipment to be located at the Site or on adjacent property
controlled by DISTRICT unless such items and/or equipment is compatible
with COUNTY’s wireless communication system.
c. NOTICE IS HEREBY PROVIDED and the PARTIES hereby agree that
approval of this SSSA by DISTRICT does not constitute approval by
DISTIRCT of any permits or approvals that may be necessary for construction
of the Site Improvements as herein defined. DISTRICT and COUNTY shall
work cooperatively to obtain any and all necessary permits from the requisite
federal, state or local jurisdiction(s).
3. COUNTY RESPONSIBILITIES:
a. COUNTY shall work cooperatively with DISTRICT to complete the Site
Improvements as herein defined.
b. COUNTY shall ensure that all construction of improvements shall comply
with the DISTRICT’s right of way use permit process before any
improvements can be placed upon DISTRICT property.
c. Upon the COUNTY obtaining all permits and approvals, as necessary, for the
proposed development , COUNTY shall be responsible to install the following
new equipment, structures and facilities at the Site: i) the Tower, ii) the
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Building, iii) the Generator, iv) the Fuel Storage Tank, v) new security
fencing, vi) new security surveillance equipment, and vii) other site
improvements as shown in Exhibit “B” (the “Site Improvements”) which is
attached hereto and made a part hereof.
d. COUNTY shall be responsible for the design and construction of the Site
Improvements. COUNTY will manage the civil engineering design,
acquisition of services (environmental, geotechnical services, structural
analyses, etc.), and document development for the Site Improvements. The
completed document package will include site plans; engineering calculations;
tower drawings with structural analyses; building drawings including
electrical and mechanical details; and any other documents required for a
complete document packages.
e. COUNTY is responsible for any air quality violations that result from
COUNTY use of the access road to the Site.
4. CANCELLATION/TERMINATION: The PARTIES agree that the term of this
SSSA will be governed by IGA G-30XXX. In the event of cancellation or
termination of this SSSA, DISTRICT shall reimburse COUNTY for the
unamortized costs of the Site Improvements and Removal Items based upon a
thirty year amortization schedule using a five percent (5%) annually compounded
interest rate.
5. DISTRICT IGA. Any and all terms and provisions of the DISTRICT IGA are
hereby incorporated by reference into this SSSA as if they were written out in
full. In the event of a conflict between the meaning of a term or terms of this
SSSA and the DISTRICT IGA, the SSSA shall control.
6. ENTIRE AGREEMENT. With respect to the subject matter referred to in this
agreement, this SSSA, together with any exhibits attached hereto and any
agreements executed contemporaneously herewith, constitutes the entire
agreement between the PARTIES and sets forth all of the covenants, promises,
agreements, conditions and understandings between COUNTY and DISTRICT,
and there are no covenants, promises, agreements, conditions or understandings,
either oral or written, between COUNTY and DISTRICT other than as set forth
herein. This SSSA shall be construed as a whole and in accordance with its fair
meaning and without regard to any presumption or other rule requiring
construction against the party drafting this SSSA. This SSSA cannot be modified
or changed except by a written instrument executed by COUNTY and DISTRICT.
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FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY
MARICOPA COUNTY
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
TYPED NAME: Denny Barney TYPED NAME: Denny Barney
TITLE: Chairman of the Board of TITLE: Chairman of the Board of Directors
Supervisors
DATE: DATE:
ATTEST: Clerk of the Board of
Supervisors ATTEST: Clerk of the Board of Directors
The foregoing Agreement has been submitted to legal counsel for the County for review
and approval. The undersigned attorney has determined that said agreement is in proper
form and is within the powers and authority granted under the laws of the State of
Arizona.
Dated this ___________ day of ___________________, 2014
By______________________________________________
Deputy County Attorney
The foregoing Agreement has been submitted to legal counsel for the Flood Control
District of Maricopa County. The undersigned attorney has determined that said
agreement is in the proper form and is within the powers and authority granted under the
laws of the State of Arizona.
Dated this ___________ day of _________________, 2014
By_____________________________________________
General Counsel
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EXHIBIT “A”
SITE
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EXHIBIT “B”
SITE IMPROVEMENTS
(EXAMPLE ONLY)
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