BUCKEYE-MARICOPA COUNTY MASTER DEVELOPMENT AGREEMENT.PDF
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INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF BUCKEYE
FOR COORDINATION OF ROADWAY STANDARDS
RELATED TO PRIVATE DEVELOPMENTS
(C-64-___- __ -X-00)
This Intergovernmental Agreement (Master Agreement) is between the County of
Maricopa, a political subdivision of the State of Arizona (County), and the City of
Buckeye, a municipal corporation (City). The County and City are collectively referred to
as the Parties or individually as a Party.
STATUTORY AUTHORIZATION
1.
A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorizes the County to lay
out, maintain, control and manage public roads within the County.
2.
A.R.S. Sections 11-951 et. seq. authorizes public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
3.
A.R.S. Section 9-240 and Sections 9-276 et. seq. authorizes the City to lay out and
establish, regulate and improve streets within the City and to enter into this
Agreement.
DURATION
4.
This Master Agreement shall become effective as of the date it is approved by the
governing bodies of the Parties and remain in full force and effect until terminated
by either Party for any reason upon furnishing the other Party with a written notice
at least thirty (30) days prior to the effective termination date.
BACKGROUND
5.
When private developments occur within the jurisdiction of a City, the roadways
are generally required to be designed and constructed to meet the City’s
Standards. Similarly, when private developments occur within the jurisdiction of a
County, the roadways are generally required to be designed and constructed to
meet the County’s standards.
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6.
There are instances where a development site is located in a City’s jurisdiction and
adjacent roadways to be constructed by the developer are located in the County’s
jurisdiction. In such cases, the adjacent roadways are normally required to meet
County standards. However, if the City is planning to annex the adjacent roadways,
and the City is willing to commit to the annexation within a reasonable time frame,
it may be reasonable to consider allowing the adjacent roadways to be designed
and constructed to City standards.
PURPOSE OF THE AGREEMENT
7.
The purpose of this Master Agreement is to authorize the County Transportation
Director (or designee) and the City Manager (or designee) to enter into Letters of
Agreement (LOAs) to allow application of City standards on development-related
roadways in County jurisdiction under terms provided under this Master
Agreement.
TERMS OF THE AGREEMENT
8.
Responsibilities of the County:
8.1
The County Transportation Director or designee may, in coordination with
the City Manager or designee, determine roadways suitable for an LOA and
enter into LOAs with the City for the purposes authorized in this Master
Agreement.
8.2
The County Transportation Director or designee may agree to amend the
LOA, in writing, as provided in Paragraph 11 of this Master Agreement.
8.3
The County Transportation Director or designee shall retain appropriate
files related to any LOA entered into under the authority of this Master
Agreement until all terms provided in the Master Agreement and the
pertinent LOA have been satisfied or as otherwise required by law.
9.
Responsibilities of the City:
9.1
The City Manager or designee may, in coordination with the County
Transportation Director or designee, determine roadways suitable for an
LOA and enter into LOAs with the County for the purposes authorized in
this Master Agreement.
9.2
The City Manager or designee may agree to amend the LOA, in writing, as
provided in Paragraph 11 of this Master Agreement.
9.3
The City Manager or designee shall retain appropriate files related to any
LOA entered into under the authority of this Master Agreement until all terms
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provided in the Master Agreement and the pertinent LOA have been
satisfied or as otherwise required by law.
TERMS OF THE LOA FOR EACH PARTY
10.
Each LOA entered into under authority of this Agreement shall include the
following provisions:
10.1 A statement/recital that the subject LOA is subject to the terms and
conditions of this Master Agreement.
10.2 A description of the proposed development and the jurisdiction in which it is
located.
10.3 A list of the roadways included in the development or otherwise impacted
by the development.
10.4 A map and legal description, prepared by the City, and approved by the
County, depicting the roadways in the development or otherwise impacted
by the development shall be attached as an exhibit(s) to the respective LOA.
County roadways that are not intended to be annexed shall not be subject
to this Agreement.
10.5 A statement that the City commits to annexation of the subject roadways no
later than one year from the date of plan approval and that the City accepts
all liability associated with such roadways as well as all maintenance and
operation responsibilities upon approval of an applicable LOA.
10.6 A statement that the roadways will be designed and constructed to City
standards.
10.7 A statement that the City will assume responsibility for plan review,
permitting, inspections, and traffic control for the listed roadways to be
annexed. The City shall ensure that the appropriate liability insurance and
project bonding (assurance) are in place. The insurance shall list Maricopa
County as “Additional Insured” and regardless of the form, the project
bonding shall require written confirmation of the satisfaction of Maricopa
County that project requirements have been met and the assurance may be
released.
10.8 A statement that the County will assume responsibility for plan review,
permitting, inspections, and traffic control for the roadways outside the
proposed area to be annexed in the City. A statement that the City shall not
be responsible or liable for roadways in the County outside of the proposed
annexed area shall be included in the LOA.
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10.9 Other terms as may be deemed necessary by the County Transportation
Director (or designee) and the City Manager (or designee).
11.
After the County Transportation Director or designee and the City Manager or
designee enter into an LOA, if unexpected or unforeseen circumstances arise that
warrant an amendment to an LOA, the County Transportation Director or designee
and the City Manager or designee may agree to amend the LOA, in writing.
12. Nothing in any LOA shall be interpreted to enlarge or expand the County’s or the
City’s authority.
GENERAL TERMS AND CONDITIONS
13.
To the extent permitted by law, each Party will indemnify, defend and save the
other Party harmless, including any of the Party’s departments, agencies, officers,
employees, elected officials or agents, from and against all liability, loss, expense,
damage or claim of any nature whatsoever which is 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 Master Agreement, and each of
the respective LOAs authorized by 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 Master Agreement shall become effective as of the date it is executed by all
the governing bodies of the Parties and shall remain in full force and effect until all
stipulations previously indicated have been satisfied,
15.
This Master Agreement may be amended only upon written Agreement by all
Parties.
16. This Master Agreement is subject to the provisions of A.R.S. § 38-511.
17. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
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
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its option, may terminate this Master Agreement without waiving any available
remedies at law or in equity.
18.
All notices required under this Master Agreement to be given in writing shall be
sent to:
County:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City of Buckeye
Attn: City Manager
530 East Monroe Avenue
Buckeye, Arizona 85236
City of Buckeye
Attn: City Engineer
530 East Monroe Avenue
Buckeye, Arizona 85326
Either Party may by written notice to the other specify a different address for notice.
All notices required or permitted by this Master Agreement or applicable law shall
be in writing and may be delivered 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.
19.
Any funding provided for in this Master 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.
20.
This Master 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 Master Agreement.
21.
This Master Agreement cannot be modified or changed except by a written
instrument executed by all of the Parties hereto.
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22.
The waiver by any Party of any right granted to it under this Master Agreement is
not a waiver of any other right granted under this Master Agreement, nor may any
waiver be deemed to be a waiver of a subsequent right obtained by reason of the
continuation of any matter previously waived.
23.
Except as otherwise provided in this Master Agreement, all covenants,
agreements, representations and warranties set forth in this Master Agreement or
in any certificate or instrument executed or delivered pursuant to this Master
Agreement shall survive the expiration or earlier termination of this Master
Agreement for a period of one (1) year.
24.
This Master 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.
25.
The Parties will execute and/or 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 Master Agreement.
26.
The venue for any claim arising out of or in any way related to this Master
Agreement shall be Maricopa County, Arizona.
27.
This Master Agreement shall be governed by the laws of the State of Arizona.
End of Master Agreement - Signature Pages Follow
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IN WITNESS WHEREOF, the Parties have executed this Master Agreement.
BUCKEYE
Recommended by:
Dan Cotterman, City Manager
Date
Approved and Accepted by:
Eric W. Orsborn, Mayor
Date
Attest by:
Lucinda J. Aja, City Clerk
Date
APPROVAL OF CITY ATTORNEY
The foregoing Master Agreement has been reviewed pursuant to A.R.S. § 11-952, as
amended, by undersigned Counsel, who has determined that it is in proper form and
within the powers and authority granted to the City under the laws of the State of Arizona.
Gust Rosenfeld P.L.C., City Attorneys
11/02/22
11/02/22
11/02/22
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IN WITNESS WHEREOF, the Parties have executed this Master Agreement.
MARICOPA COUNTY
Recommended by:
Jennifer Toth, P.E.
Date
Transportation Director
Approved and Accepted by:
Chairman
Date
Board of Supervisors
Attest by:
Clerk of the Board
Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
The foregoing Master Agreement has been reviewed pursuant to A.R.S. § 11-952, as
amended, by the undersigned Deputy County Attorney, who has determined that it is in
proper form and within the powers and authority granted to the Board of Supervisors
under the laws of the State of Arizona.
Deputy County Attorney
Date
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11/7/2022
Certificate Of Completion
Envelope Id: 59D1BCAC832C4EC1AC102DB36F519738
Status: Completed
Subject: Complete with DocuSign: Buckeye-Maricopa County Master Development Agreement.pdf
Source Envelope:
Document Pages: 8
Signatures: 2
Envelope Originator:
Certificate Pages: 5
Initials: 0
Mitch Wagner
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2901 W Durango
Phoenix, AZ 85009
Mitch.Wagner@maricopa.gov
IP Address: 156.42.6.1
Record Tracking
Status: Original
11/7/2022 2:31:25 PM
Holder: Mitch Wagner
Mitch.Wagner@maricopa.gov
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Jennifer Toth
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Director
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Electronic Record and Signature Disclosure:
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Wayne Peck
peckw@mcao.maricopa.gov
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Signed: 11/7/2022 2:34:42 PM
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Electronic Record and Signature Disclosure created on: 3/26/2020 9:58:51 AM
Parties agreed to: Jennifer Toth, Wayne Peck
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