2024A012-IGA-BULLARD WASH TRANSFER OF REAL PROPERTY.PDF

When Recorded Return to:

Contracts Branch

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009-6399

INTERGOVERNMENTAL AGREEMENT
between the
CITY OF GOODYEAR
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for the
TRANSFER OF REAL PROPERTY

IGA FCD 2024A012

Agenda Item

This Intergovernmental Agreement (Agteement) is entered into by and between the City of Goodyear, a
municipal corporation, acting by and through its City Council, hereinafter called the CITY, and the Flood
Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its
Board of Directors, hereinafter called the DISTRICT. The DISTRICT and the CITY may hereinafter
individually be called a PROJECT PARTNER, or collectively called the PROJECT PARTNERS.

This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS.
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. The CITY is empowered by A.R.S. Section 11-952, as amended, to enter into this Agreement and has
authorized the undersigned to execute this Agreement on behalf of the CITY.

BACKGROUND

3. The Bullard Wash Channel between McDowell Road and I-10 was constructed by the CITY as an interim
condition in accordance with IGA FCD 2006A010 to convey runoff from the 100-yr storm event. The
CITY per IGA FCD 2006A010 is responsible for the operation and maintenance of the Bullard Wash
Channel system including this interim condition.

4. The DISTRICT acquired Assessor parcel 500-04-982B from the Arizona Department of Transportation
(ADOT) in 2001 and the interim channel is located within this parcel.

5. The DISTRICT and CITY entered into an agreement (PCD 2006A010) for the Rights-of-Way, Utility

IGA FCD 20244012 PCN 470,13.31 PAGE 1 OF8

6.

10.

11.

12.

13.

Relocation, Construction, Construction Management, and Operation and Maintenance of the Bullard Wash
Improvements Project (Interstate 10 to McDowell Road).

The subject portion of the parcel identified in Exhibit A is referred to herein collectively as the PROPERTY
and reference to PROJECT refers to the Bullard Wash Channel within the PROPERTY limits.

The CITY wishes to acquire the PROPERTY to facilitate planned projects in the atea.

The DISTRICT and the CITY consider the benefits established by the terms of this agreement to be
approximately equal in value and the DISTRICT will transfer the PROPERTY at no cost to the CITY.

PURPOSE OF THE AGREEMENT

This Agreement identifies and defines the responsibilities of the DISTRICT and the CITY, for the transfer
of the PROPERTY and associated PROJECT elements.

TERMS OF AGREEMENT

The BACKGROUND and PURPOSE OF THE AGREEMENT provisions are hereby incorporated into
the terms of this Agreement.

The PROPERTY shall be transferred to the CITY at no cost in exchange for the CITY to operate and
maintain the channel, make any channel improvements, and ensure that a conveyance capacity of 2,900 cfs
is maintained within the channel.in perpetuity.

The DISTRICT shall:
12.1 Serve as the lead agency for the execution of the transfer of the PROPERTY to the CITY.

12.2 Upon execution of this Agreement, work to transfer the PROPERTY, associated PROJECT
elements and all associated rights and responsibilities to the CITY.

12.3. The DISTRICT reserves the right to review and comment on the design and/or construction of any
future modifications to the PROJECT that may affect the hydraulic function of the PROJECT.

12.3.1 The DISTRICT will provide review comments to the CITY within 3 weeks of receipt.
The CITY shall:

13.1 Upon execution of this Agreement and the transfer of the PROPERTY to the CITY, accept the
PROPERTY, associated PROJECT elements and all associated rights and responsibilities.

13.2. Be responsible for all operations and maintenance of the PROJECT.

13.2.1 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.

IGA FCD 2024A012 PCN 470.13.31 PAGE 2 OF 8

14.

15.

13.2.2 Schedule, and invite the DISTRICT to participate in, an annual inspection of the PROJECT.
Any deficiencies relating to flood control for which the CITY is responsible shall be
cortected by the CITY within 30 calendar days. If the CITY has not taken corrective action
within this time, the DISTRICT reserves the right to perform the corrective action and the
CITY shall reimburse the DISTRICT for the total costs incurred by the DISTRICT within
30 calendar days of receipt of an invoice from the DISTRICT.

13.2.3 On an annual basis, commencing on the first anniversary date of acceptance of the
PROPERTY, the CITY will provide written notification to the DISTRICT that the
PROJECT has been properly maintained by the CITY over the past year in accordance with
the PROJECT design intent and to ensure proper hydraulic function.

13.3. Be responsible for assuring the safety and appropriateness of any non-flood control uses within the
PROPERTY and of the PROJECT improvements prior to offering to make or making the
PROPERTY and the PROJECT available for such uses.

13.4 Maintain a conveyance capacity of 2,900 cfs within the PROJECT. Obtain DISTRICT review and
comments on the design and/or construction of any future modifications to the PROJECT that may
affect the hydraulic function of the PROJECT and resolve and/or incorporate the DISTRICT’s
comments into these future PROJECT modifications.

13.5 Be responsible for maintaining the floodplain delineation with the Federal Emergency Management
Agency (FEMA) and obtaining their approval for any change to the floodplain delineation.

13.6 Be responsible for notifying any property owner that could be impacted by changes to the
conveyance capacity of the channel, or the existing floodplain delineation.

Each PROJECT PARTNER, and the PROJECT PARTNERS collectively, shall:

14.1 Pay for and not seek reimbursement for its own personnel and administrative costs associated with
this transfer.

14.2 Agree to use their best efforts and enter into good faith negotiations to resolve any disputed matters.
However, this shall not limit the rights of the PROJECT PARTNERS to seek any remedies provided
by law.

14.3. Take reasonable and necessary actions within its authority to ensure that only stormwater 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.

Each PROJECT PARTNER shall, as “Indemnitor,” to the extent permissible by law, indemnify, defend
and hold hatmless the other PROJECT PARTNER (“Indemnitee”) from and against any and all loss or
expense incurted as a tesult of any claim or suit of any nature whatsoever, which atises out of any act or
omission of Indemnitor pursuant to this IGA, 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, Indemnitee shall be liable for its own negligence or wrongful acts
as provided by law. In no event shall the Indemnitor 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 Indemnitot’s obligation to pay shall be limited to the

IGA FCD 2024A012 PCN 470.13.31 PAGE 3 OF 8

16.

17,

18.

19,

20.

amount Indemnitee has paid or would be obligated to pay in the absence of any agreement to
indemnify. Should the CITY offer to make or make the PROJECT available for any non-flood control
uses, the CITY shall, to the extent permissible by law, indemnify, defend and save harmless the DISTRICT,
including agents, officers, directors 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 regatding 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 litigation.

All notices ot 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 City of Goodyear
Chief Engineer and General Manager City Manager

2801 West Durango Street 1900 N. Civic Square
Phoenix, AZ 85009-6399 Goodyear, AZ 85395

This Agreement shall expire upon completion of the transfer of the PROPERTY to the CITY. However,
by mutual written agreement, this Agreement may be amended or terminated. The operation, maintenance
and indemnification provisions of this Agreement shall survive the expiration of this Agreement.

This Agreement is subject to cancellation by any patty pursuant to the provisions of A.R-S. Section 38-511.

Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys
for the parties to this Agreement, that these agencies ate authorized under the laws of the State of Arizona
to enter into this Agreement and that it is in proper form.

If legislation is enacted after the effective date of this Agreement that changes the relationship or structure
of one or mote parties to this Agreement, the parties agree that this Agreement shall be renegotiated at the
written request of any party.

SIGNATURE PAGES FOLLOW

IGA FCD 20244012 PCN 470.13.31 PAGE 4 OF 8

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona

Recommended by:

Paul Baughman, Chief Engineer and General Manager Date

Approved and Accepted:

By:
Chairman, Board of Directors Date

Attest:

By:
Clerk of the Board Date

The foregoing Intergovernmental Agreement IGA FCD 2024A012 has been reviewed pursuant to Arizona
Revised Statutes Section 11-952, as amended, by the undersigned General Counsel, who has determined that it
is in proper form and within the powers and authority granted to the Flood Control District of Maricopa
County under the laws of the State of Arizona.

Flood Control District General Counsel Date

IGA FCD 2024A012 PCN 470.13.31 PAGE 5 OF 8

CITY OF GOODYEAR
A Municipal Corporation

Approved and Accepted:

By: coc | Dowd 124-224

Whaskte Reed, City Manager Date

Attest:

or Mba MCuKE _17-9.2037

Darcie McCracken, City Clerk Date

The foregoing Intergovernmental Agreement IGA FCD 2024A012 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 Goodyear under the laws of the State of Arizona.

» PLE _ belay

A Rotic Nag Attorney Date

IGA FCD 20244012 PCN 470,13.31 PAGE 6 OF 8

IGA FCD 2024A012
EXHIBIT A
Approximate Limits of Transfer

EXHIBIT A

LEGAL DESCRIPTION
A PORTION OF THE NORTH HALF OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 1
WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 5 FROM WHICH
THE NORTHWEST CORNER OF SAID SECTION 5 BEARS NORTH 89°27'45" WEST, A
DISTANCE OF 2619.45 FEET;

THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
5, NORTH 89°27'45" WEST, A DISTANCE OF 169.85 FEET;

THENCE LEAVING SAID NORTH LINE, SOUTH 00°32'15" WEST, A DISTANCE OF 105.00
FEET TO THE POINT OF BEGINNING;

THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 400.09 FEET;
THENCE SOUTH 21°56'42" EAST, A DISTANCE OF 431.70 FEET;
THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 65.38 FEET;

THENCE NORTH 37°00'58" WEST, A DISTANCE OF 26.71 FEET;

THENCE NORTH 89°22'15" WEST, A DISTANCE OF 261.51 FEET;
THENCE NORTH 23°03'38" WEST, A DISTANCE OF 469.13 FEET;
THENCE NORTH 00°00'00" EAST, A DISTANCE OF 412.87 FEET;

THENCE SOUTH 89°27'44" EAST, A DISTANCE OF 300.01 FEET TO THE POINT OF
BEGINNING.

CONTAINING 252,809 SQ.FT. OR 5.804 ACRES MORE OR LESS.

07/25/2024 /

CHAD W. HUBER

nae E CAMELEACK RD., SUITE 400 Ki mley » Horn

PHOENIX, ARIZONA 85016 770, t6TH ST, Sate 300 Tel. No. (602) 837-5511
PH. 602-837-5511

Projecto, | Shast No,
ovag20e4 | 101177008 | 10F2

chad, huber@kimley-horn.com at a ene [oe] oe

IGA FCD 2024A012 PCN 470.13.31 PAGE 7 OF 8

FLOOD CONTROL DISTRICT
MARICOPA COUNTY
APN: 500-04-982B

7S
GARGRNER EXHIBIT A By
SEC. 5, TIN, R1W
BCHH
MCDOWELL ROAD
fi - N89°27'45"W_2619.45' _.
7585 R,
a N 1/4 CORNER
L4 POB SEC. 5, TIN, RIW
BCFL
&3 8
xs 8s
+e g
2 3.
FLOOD CONTROL DISTRICT
MARICOPA COUNTY
APN: 500-04-982B

LINE TABLE
No. | BEARING | LENGTH
14 | S00°32'45"W | 105.00°
L2 | S00°00'00"E 65.38' ha
L3. | N37°00'S8'W | 26.71"
L4 | $89°27'44"E | 300.01' N89°22"4 5!\W
261.51'
@ HUBER
e 07/25/2024
CHAD W. HUBER
RLS 35316 »
1661 E. CAMELBACK RD., SUITE 400 im ey orn
PHOENIX, ARIZONA 85016 THON, Dy ‘Suite 300 Tel. No, (602) 837-5511
PH. 602-837-5511 % Ts
chad.huber@kimley-horn.com NTS. al Ged KES = |E= 0725/2024 | ra 20F2
IGA FCD 2024A012 PCN 470,13.31 PAGE 8 OF 8