IGA - Superstition Basin Park

INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF
APACHE JUNCTION AND PINAL COUNTY FOR DESIGN,
CONSTRUCTION AND MAINTENANCE OF A COMMUNITY PARK
LOCATED AT THE NORTHHEAST CORNER OF STATE ROUTE 88
AND SCENIC STREET
THIS AGREEMENT is made and entered into this _____ day of ___________,
2026, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona
municipal corporation (hereinafter referred to as “City”) and PINAL COUNTY,
ARIZONA, a political subdivision of the State of Arizona, (hereinafter referred to
as “County”), both of which are referred to collectively as the “Parties” or
individually as a “Party”.
RECITALS
A. City desires to develop a community park (the “Park”) within its downtown
area and has identified the jointly operated Superstition Basin as the most
appropriate, cost-effective, central location for the Park (also referred to
contextually as the “Site” as depicted in Exhibit A).
B. County owns the Site and also desires to make available the Site for Park for
uses by both City and County residents.
C. This intergovernmental agreement (“IGA”) will promote efficiency in the use
of public facilities and funds.
D. Pursuant to Arizona Revised Statutes (“A.R.S.”) §§ 11-251, 11-951 et seq.
and 11-933(A), County has the authority to manage and control its real
property and enter into cooperative agreements for the development and
maintenance of public parks.
E. Pursuant to A.R.S. §§ 9-240, 9-276, 11-932 and 11-951 et seq., City has the
authority to erect buildings and improve parks, public grounds and off-street
parking sites.
F. Pursuant to A.R.S. § 11-951 et seq., the Parties are authorized collectively to
enter into IGAs for the purposes of taking joint or cooperative action.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained
herein and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties to this Agreement agree as follows:
1. City’s Obligations:

A. Design and construct Park at the Site
B. Provide funding for design, construction, utilities, operation
and management of Park
C. Consult with County during the design process to ensure
consistency with County purposes
D. Enable County to utilize Park for County related activities
without cost
2. County’s Obligations:
A. Provide City access to make Site and Park improvements
B. Allow City unlimited access to Park for public park usage,
City events, as well as security and maintenance operations
by appropriate City staff, without cost
C. Provide City with advanced scheduling notice for the
County’s use of the Park
3. Indemnification, Worker’s Compensation and Insurance: This
section shall survive the expiration or early termination of this
Agreement.
A. To the extent permitted by law, each Party (referred to
individually as “Indemnitor”) mutually agrees to defend, indemnify,
and hold harmless the other Party, and such Party’s elected
officials, appointees, employees, and agents, (collectively the
“Indemnitees”) from and against any and all claims, demands,
losses, liabilities, causes of action and costs (including expert
witness fees, reasonable attorney fees, and costs of defense and
appellate expenses , collectively “claims”), which may be imposed
upon, incurred by, or asserted against the Indemnitees, but only to
the extent attributable to, or arising by reason of, the negligence,
error, act, or omission of Indemnitor or any agent, appointee, or
employee of the Indemnitor, or anyone for whom Indemnitor may be
legally liable relating to the acts performed by Indemnitor or any
agent, appointee or employee of the Indemnitor in the performance
of this Agreement. The insurance coverage requirements of this
Agreement do not limit the scope of indemnification. If a claim or
claims by third parties become subject to this indemnity provision,
the Parties shall expeditiously meet to discuss a common and
mutual defense under the terms of their respective agreements with
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Arizona County Insurance Pool (“ACIP”) and Arizona Municipal Risk
Retention Pool (“AMRRP”), including possible proportionate liability
and payment of possible litigation expenses and damages.
B. For purposes of workers’ compensation, an employee of a Party
to this Agreement, who works under the jurisdiction or control of, or
who works within the jurisdictional boundaries of another Party
pursuant to this Agreement, is deemed to be an employee of both
the Party who is his primary employer and the party under whose
jurisdiction or control or within whose jurisdictional boundaries he
is then working, as provided under A.R.S. § 23-1022(D). The primary
employer Party of such employee shall be solely liable for payment
of workers’ compensation benefits for the purposes of this Section.
Each Party herein shall comply with the provisions of A.R.S. § 23-
1022(E) by posting the notice required.
C. During the term of this Agreement the County shall maintain
adequate commercial general liability insurance and worker’s
compensation insurance as provided by ACIP, a risk retention pool
established pursuant to A.R.S. Section 11-952.01, and the City shall
maintain adequate commercial general liability insurance and
worker’s compensation insurance as provided by the AMRRP, a risk
retention pool established pursuant to A.R.S. Section 11-952.01.
Each Party shall name the other Party and its elected officials,
appointees, agents, and employees as additional insureds. If either
Party elects to terminate its insurance coverage under its
respective risk retention pool, the Party electing to terminate such
coverage shall notify the other Party one hundred twenty(120)
calendar days prior to such termination and provide evidence of
replacement coverage reasonably acceptable to the nonterminating
Party.
4. Duration of Agreement/Termination: This Agreement shall be valid
upon execution and shall continue for a term of fifty (50) years (“Initial Term”)
but shall automatically renew for each yearly term thereafter. During the Initial
Term or any renewal term thereafter, either Party may terminate this Agreement
for any reason upon twenty-four (24) months prior written notice to the other
Party by overnight delivery service or first class certified mail, postage prepaid,
addressed to the other Party as set forth in Section 9 of this Agreement.
5. Binding Effect: The obligations and rights created in this
Agreement are binding upon and shall inure to the benefit of the Parties and
their successors, assigns and legal representatives. Neither Party may assigns
its rights under this Agreement without the prior written approval of the other
Party. Such successor or assignee shall assume, in writing, all duties and
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obligations hereunder of the prior Party and shall further agree to be bound by
and to fully perform the terms of this Agreement.
6. Entire Agreement: This Agreement and any attachments represent
the entire agreement between City and County and supersede all prior
negotiations, representations or agreements, either expressed or implied,
written or oral. It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the Parties hereto. Written and signed
amendments shall automatically become part of this Agreement and shall
supersede any inconsistent provision therein; provided, however, that any
apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
7. Severability: City and County each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, law, regulation, or City or County code), such provision shall be
deemed severed from this Agreement and this Agreement shall otherwise
remain in full force and effect; provided that this Agreement shall retroactively
be deemed reformed to the extent reasonably possible in such a manner so that
the reformed agreement (and any related agreements effective as of the same
date) provide essentially the same rights and benefits (economic and otherwise)
to the Parties as if such severance and reformation were not required. Unless
prohibited by applicable laws, the Parties further shall perform all acts and
execute, acknowledge and/or deliver all amendments, instruments and consents
necessary to accomplish and to give effect to the purposes of this Agreement,
as reformed.
8. Governing Law, Venue and Attorney Fees: The terms and
conditions of this Agreement shall be governed by and interpreted in
accordance with the laws of the State of Arizona. Any action at law or in equity
brought by either Party for the purpose of enforcing a right or rights provided for
in this Agreement, shall be tried in a court of competent jurisdiction in the State
of Arizona. In the event either Party shall bring suit to enforce any term of this
Agreement or to recover any damages for and on account of the breach of any
term or condition in this Agreement, it is mutually agreed that the prevailing
party in such action shall recover all costs including: all litigation and appeal
expenses, collection expenses, reasonable attorney fees, necessary witness
fees and court costs to be determined by the court in such action.
9. Time is of the Essence: Time is of the essence with respect to all
provisions in this Agreement.
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10. Prohibition to Contract with Consultants Who Engage in Boycott of
the State of Israel: The Parties acknowledge A.R.S. §§ 35-393 through 35-
393.03, as amended, which forbids public entities from contracting with
Contractors who engage in boycotts of the State of Israel. Should Contractor
engage in any such boycott against the State of Israel, this Agreement shall be
deemed automatically terminated by operation of law. Any such boycott is a
material breach of this Agreement.
11. Notices: All notices and insurance certificates required under this
Agreement shall be sent as follows:
If to City: City Manager
300 E. Superstition Blvd.
Apache Junction, AZ 85119
480-474-5066
With a copy to: City Attorney
300 E. Superstition Blvd.
Apache Junction, AZ 85119
480-474-5105
If to County: County Manager
PO Box 827
Florence, AZ 85232
520-866-6212
With a copy to: County Attorney
PO Box 887
Florence, AZ 85232
520-866-6271
12. Conflicts of Interest: This Agreement is subject to and may be
terminated by either Party in accordance with the provisions of A.R.S. § 38-511.
[SIGNATURES ON THE FOLLOWING PAGES]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be duly executed as of the day and year first above written.
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PINAL COUNTY, ARIZONA, a political
subdivision of the State of Arizona
Jeffrey McClure
Chairman of the Board of Supervisors
ATTEST:
Natasha Kennedy
Pinal County Clerk
THE CITY OF APACHE JUNCTION,
ARIZONA, an Arizona municipal
corporation
Walter “Chip” Wilson
Mayor
ATTEST:
Yvette McKinney
City Clerk
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COUNSEL APPROVAL AS TO FORM:
I have read this Agreement and have determined such Agreement is in proper
form and is entered into within the powers of and authority granted under the
laws of the State of Arizona.
Anna Brown, Pinal County Deputy County Attorney Date
I have read this Agreement and have determined such Agreement is in proper
form and is entered into within the powers of and authority granted under the
laws of the State of Arizona.
Richard J. Stern, Apache Junction City Attorney Date
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EXHIBIT A

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