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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY, THE TOWN OF QUEEN CREEK AND THE CITY OF MESA FOR THE ANNEXATION OF SOSSAMAN ROAD CROSSING OF THE UNION PACIFIC RAILROAD This Intergovernmental Agreement (“Agreement”) is between the County of Maricopa, a political subdivision of the State of Arizona (“County”), the City of Mesa, a municipal corporation (“City”) and the Town of Queen Creek, a municipal corporation (“Town”). The County, City and Town are collectively referred to as the “Parties” or, individually, as a “Party.” STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to Arizona Revised Statutes (“A.R.S.”) § 11-251 and § 28-6701 et. seq. to lay out, maintain, control and manage public roads within the County. 2. The City is authorized, pursuant to A.R.S. § 9-240 and Sections § 9-276 ef. seq., to lay out and establish, regulate and improve streets within the City and enter into this Agreement. 3. The Town is authorized, pursuant to A.R.S. § 9-240 and Sections § 9-276 et. seq., to lay out and establish, regulate and improve streets within the Town and enter into this Agreement. 4. Public agencies are authorized, pursuant to A.R.S. Sections §§11-951 et. seq., to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. BACKGROUND 5. The Germann Road and Sossaman Road Intersection is located in southeast Maricopa County and is bound by the City of Mesa to the north and the Town of Queen Creek to the south. 6. The Parties completed the Sossaman Road and Germann Road Final Alignment Study, dated July 2015, by Dibble Engineering to evaluate the intersection and, the Union Pacific Railroad at-grade crossing, and traffic impacts to Pecos Road and Rittenhouse Road. 1 The Parties are completing the design of improvements for the Germann Road and Sossaman Road Intersection (“Project”). Page 1 of 9 8. The Parties previously entered into an Intergovernmental Agreement, approved by the Maricopa County Board of Supervisors on January 21, 2022 (C-64-22-101-X-00) (2022 IGA) which defines the roles and financial responsibilities of the Parties related to the design improvements of the Germann Road and Sossaman Road Intersection. This Agreement shall not supersede the 2022 IGA. PURPOSE OF THE AGREEMENT 9. The purpose of this Agreement is to identify and define the respective roles and responsibilities of the County, the City and the Town for the annexation of real property once the improvements have been approved by the Union Pacific Railroad and the Arizona Corporation Commission. TERMS OF THE AGREEMENT 10. Responsibilities of the County: 10.1 Once the Project design is approved by all Parties, the Union Pacific Railroad (‘UPRR’), and the Arizona Corporation Commission, the County will allow the Town to annex the portion of unincorporated County within the right-of-way and/or easements of the Project. 10.2 The area of annexation includes, but is not limited to, parcel 304-61-008F, parcel 304-61-033Q, parcel 304-61-033T, existing Germann Road right-of-way east of Sossaman Road, and a portion of UPRR property within the future right-of-way and/or easements of the Project as depicted in Exhibit A, which is attached to this Agreement and incorporated by reference. 11. Responsibilities of the City: 11.1 Once the Project design is approved by all Parties, UPRR, and the Arizona Corporation Commission, the City will deannex the portion of future Project right- of-way within the current City limits. 11.2 The area of deannexation includes portions of parcel 304-61-008H, parcel 304- 61-991, parcel 304-61-009G, and a portion of the existing right-of-way of Sossaman Road within the proposed future Project right-of-way as depicted in Exhibit A, which is attached to this Agreement and incorporated by reference. 12. Responsibilities of the Town: 12.1 Once the Project design is approved by all Parties, UPRR, and the Arizona Corporation Commission, the Town will annex the portion of unincorporated County within the proposed Project right-of-way and/or easements. 12.2 The area of annexation within County includes, but is not limited to, Parcels 304- 61-008F, 304-61-033Q, 304-61-033T, existing Germann Road right-of-way east of Sossaman Road, and a portion of the Union Pacific Railroad property within the future right-of-way and/or roadway easements of the Project as depicted in Exhibit A, which is attached to this Agreement and incorporated by reference. Page 2 of 9 123 Once the Project design is approved by all Parties, UPRR, and the Arizona Corporation Commission, the Town will annex the portion of the Project within the existing City limits after the City has deannexed the area. 124 The area of annexation from the City includes portions of parcel 304-61-008H, parcel 304-61-991, parcel 304-61-009G, and a portion of the existing right-of- way of Sossaman Road within the proposed future Project right-of-way as depicted in Exhibit A, which is attached to this Agreement and incorporated by reference. 125 The Town shall serve as the lead agency for the Project and shall be responsible for acquiring all rights-of-way, easements, and property interests necessary for construction of the Project, whether by purchase, dedication, donation, or, if necessary, through eminent domain. The Town shall be solely responsible for all costs associated with such acquisitions, including but not limited to appraisals, negotiations, relocation assistance, legal services, and any condemnation proceedings, settlements, or judgments. Such acquisition activities shall be conducted at no cost or financial obligation to the City or County. 12.6 Shall prepare the legal description and exhibit for the annexation and submit to Maricopa County Real Estate Department (MCRED), for review and approval, a draft ordinance with a legal description and exhibit defining the exterior boundary of the area to be transferred. 12.7. Shall be responsible for ongoing operations and maintenance of the Germann Road and Sossaman Road Intersection and traffic signal after construction of the proposed improvements. GENERAL TERMS AND CONDITIONS 13. To the extent permitted by law, each Party will indemnify, defend and hold the other Parties harmless, including any of the Parties’ departments, agencies, officers, employees, elected officials or agents, from and against all liability, loss, expense, damage or claim of any nature whatsoever which that caused by any activity, condition or event arising out of the performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement, including but not limited to injuries or death of persons or damages to or destruction of property. In the event of an action, the damages which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney’s fees. 14. This Agreement shall become effective as of the date it is executed by all governing bodies of the Parties and remain in full force and effect for ten (10) years, or until all responsibilities of the Parties in this Agreement have been completed. Any and all obligations of maintenance and indemnity hereunder shall remain perpetual and shall survive any termination hereof and the assignment or assumption of this Agreement or the Project by another competent jurisdiction or entity. Any property acquired in performance of this Agreement shall be disposed of at termination of the Agreement pursuant to the terms herein 15. This Agreement may be amended only upon written agreement by all Parties. Page 3 of 9 16. This Agreement shall be subject to the provisions of A.R.S. Section 38-511. 17. The Parties warrant that they are in compliance with A.R.S. Section 41-440 and further acknowledge that: 17.1 Any contractor or subcontractor who is contracted by a Party to perform work on the Project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. Section 23-214(A), and shall keep a record of the verification for the duration of the employee's employment or at least three (3) years, whichever is longer. 17.2 Any breach of the warranty, shall be deemed a material breach of this Agreement of which breaching Party may be liable for penalties including termination of the Agreement. 17.3 The Parties retain the legal right to inspect the papers of any contractor or 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 papers and employment records of said employee available during normal working hours in order to facilitate such an inspection. 174 Nothing in this Agreement shall make any consultant or sub-consultant an agent or employee of the Parties to this Agreement. 18. Each Party to this Agreement warrants that neither it nor any consultant or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement is suspended or debarred by any federal agency which has provided funding that will be used in the Project described in this Agreement. 19. It shall be a material breach of this Agreement for a Party to fail to observe or perform any of the material covenants, conditions or provisions of this Agreement, where such failure shall continue for a period of thirty (30) days after the non-defaulting Party provides the defaulting Party with written notice of such failure; provided, however, that such failure shall not be a Default if the Defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion. The total aggregate cure period shall not exceed ninety (90) days unless the Parties otherwise agree in writing. In the event of Default, the non-defaulting party, at its option, may terminate this Agreement without waiving any available remedies at law or in equity. 20. All notices required under this Agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: intergovernmental Liaison 2901 W. Durango Street Phoenix, Arizona 85009 Town of Queen Creek Attn: Town Manager Page 4 of 9 22358 South Ellsworth Road Queen Creek, Arizona 85142 City of Mesa Attn: City Manager P.O. Box 1466 Mesa, Arizona 85211 Any Party may, by written notice to the others, specify a different address for notice. All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered by e-mail, in person (by hand or courier) or may be sent by regular or certified mail or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery service performed with receipt. Any notice sent by certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after the notice is addressed as required in this paragraph and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight delivery service that guarantees next day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier for delivery. Notice given by e-mail shall be deemed delivered one business day after the e-mail was sent. 21. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the governing bodies of the Parties in such fiscal year. 22% This Agreement 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 Agreement. If a court of competent jurisdiction finds that any provision is invalid, all remaining provisions shall remain in full effect. 23. This Agreement cannot be modified or changed except by a written instrument executed by all Parties hereto. 24. No waiver of any term of this Agreement shall be deemed to be a continuing waiver of such term. 25. Except as otherwise provided in this Agreement, all covenants, agreements, representations and warranties set forth in this Agreement or in any certificate or instrument executed or delivered pursuant to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 26. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied and scanned signatures are acceptable as original signatures. 27. The Parties will execute and deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by such party pursuant to this Agreement. Page 5 of 9 28. The venue for any claim arising out of or in any way related to this Agreement shall be Phoenix, Arizona. 29. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows Page 6 of 9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, P.E. Date Transportation Director Approved and Accepted by: Chair Date Board of Supervisors Attest by: Clerk of the Board Date 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 County by the Board of Supervisors under the laws of the State of Arizona. Deputy County Attorney Date Page 7 of 9 Docusign Envelope [D: BO1F3971-264D-859F-833D-DDD42765EF5F IN WITNESS WHEREOF, the Parties have executed this Agreement. CITY OF MESA Approved and Accepted by: Scott Butler Date City Manager Attest by: City Clerk Date APPROVAL OF CITY ATTORNEY The foregoing Agreement has been reviewed pursuant to A.R.S. 11-952, as amended, by the undersigned City Attorney, who has determined that it is in proper form and within the powers and authority granted to the Mesa City Council under the laws of the State of Arizona. City Attorney Date Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. TOWN OF QUEEN CREEK: Ow WheatZs— alu Julia Meatley, Mayor Date. ATTEST: : J Maria\Gonzalez, Tqwn Qlerk Date APPROVAL OF TOWN 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 Queen Creek Town Council under the laws of the State of Arizona. Ce, Town Attorney Page 9 of 9 ,OSL=,h 0! oot NASND NMOL . 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ANNEXATION EXHIBIT (220 4 ONOTON Wet BERET, BUTE 000 ONIMVEG THMOE ARONA MADRE On XANNV ‘9OUSZZOZLE 193rONd NOLLINYLSNOD nee wort ON ‘SNITHOISY SOSSAMAN ROAD & GERMANN ROAD WSp) BAO} BWN INTERSECTION IMPROVEMENT PROJECT CAMEN CODE AON