BOD- IGA FCD 2021A008 - LAND TRANSFER.PDF

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Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
INTERGOVERNMENTAL AGREEMENT
between the
Town OF QUEEN CREEK
and the
FLOOD CONTROL DIsTRIcT OF MARICOPA COUNTY
for the
CONVEYANCE OF FEE TITLE AND PERMANENT EASEMENTS HELD AS PART
of
RITTENHOUSE CiiANT’i1L DRAINAGE IMPROVEMENTS
IGA FCD 2021A008
Agenda
Item
______________________
This Intergovernmental Agreement (Agreement) is entered into by and between the Town of Queen Creek, a
municipal corporation, acting by and through its Town Council, hereinafter called the TOWN, 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 TOWN 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 TOWN 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 TOWN.
BACKGROUND
3.
The Rittenhouse Channel was constructed in 1998 to control flooding in the area by capturing and
conveying runoff from the 100-yr storm event.
The DISTRICT operates and maintains the channel
system from approximately 1/2-mile east of Ellsworth Road to the confluence with the East Maricopa
Floodway.
4.
In order to construct the channel, the DISTRICT acquired both Fee land and Permanent Easements in
1997 and 1998. The permanent easement was acquired from the Queen Creek School District No. 95 and
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the Fee land was acquired from a private corporation.
5.
The subject parcels and casements arc referred to herein collectively as the PROPERTY and reference to
PROJECT refers to the Rittenhouse Channel Drainage Improvements and appurtenant structures
contained within and are part of the PROPERTY.
6.
The Town wishes to acquire the PROPERTY to facifitate planned projects in the area. The PROPERTY
is shown on EXHIBIT A, attached hereto and made a part hereof.
PURPOSE OF THE AGREEMENT
7.
This Agreement identifies and defmes the responsibilities of the DISTRICT and the TOWN, for the
transfer of the PROPERTY and associated PROJECT elements.
TERMS OF AGREEMENT
8.
The BACKGROUND and PURPOSE OF THE AGREEMENT provisions are hereby incorporated into
the terms of this Agreement.
9.
The PROPERTY, as referenced herein, consists of the following parcels:
9.1
All of Easement Parcel RR-38
9.2
All of Fee Parcel RR-20A.
9.3
Approximately the east 100-ft of Fee Parcel RR-20 from Fee Parcel RR-20A to the western end of
the riprap at the Ellsworth culvert outlet.
9.3.1
DISTRICT access from Ellsworth Road to existing maintenance roads will be
maintained and any modifications to the existing access must be reviewed and
approved by the DISTRICT.
9.4
The exact dimensions of the PROPERTY will be identified by legal descriptions and exhibits to be
developed to support this transfer.
10. The Purchase Price for PROPERTY shall be $500 which has been established as the value of the
PROPERTY based upon an appraisal by an independent fee appraiser with an adjustment for the net
present value for other valuable consideration received by the DISTRICT from the TOWN. The Purchase
Price shall be due and payable in lawful U.S. funds in one payment which shall be paid upon execution of
the transfer.
11. Said purchase shall be consistent with and comply with all federal, state, city, county and municipal
regulations, including but not limited to, A.R.S. 48-3603 (I), which states that “if any property sold by the
District to a political subdivision without complying with § 9-402 is subsequently sold by the political
subdivision as undeveloped property for a price exceeding the original sale price the district shall be paid
the difference between the original price and the subsequent sale price.”
12. The DISTRICT shall:
12.1
Serve as the lead agency for execution of the transfer.
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12.2
Upon execution of this Agreement, work to transfer the PROPERTY, associated PROJECT
elements and all associated rights and responsibilities to the TOWN.
12.3
The DISTRICT reserves the right to review and comment on the design and/or construction of any
future modifications to the PROJ ECT that may affect the hydraulic function of the PROJ ECT.
12.3.1
The DISTRICT will provide review comments to the TOWN within 3 weeks of
receipt.
13. The TOWN shall:
13.1
Upon execution of this Agreement, 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.
13.2.2
Schedule, and invite the DISTRICT to participate in, an annual inspection of the PROJECT.
If any deficiencies in the PROJECT relating to flood control for which the TOWN is
responsible are identified the PROJECT PARTNERS will expeditiously meet, agree on
appropriate corrective actions to be taken, and cooperate in scheduling and completing the
necessary corrective actions.
13.2.3
On an annual basis, commencing on the first anniversary date of acceptance of the
PROJECT, the TOWN will provide written notification to the DISTRICT that the
PROJECT has been properly maintained by the TOWN 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 of the
PROJECT rights-of-way and/or improvements prior to offering to make or making the PROJECT
rights-of-way and/or improvements available for such uses.
13.4
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, as are
agreed by the Project Partners to be necessary.
14. 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
Equally share in any closing cost, transfer or recording fees due at the time of transfer.
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14.3
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.
14.4
Take reasonable and necessary actions within its authority to ensure that only storm water 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
\Vater Act, Arizona Pollutant Discharge Elimination System or any other applicable discharge
requirements, including any permit requirements.
15. Each PROJECT PARTNER shall, as “Indemnitor,” to the extent permissible by law, indemnify, defend
and hold harmless the other PROJECT PARTNER (“Indemnitee”) from and against any and all loss or
expense incurred as a result of any claim or suit of any nature whatsoever, which arises 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 Indemnitor’s obligation to pay shall be limited to the
amount Indemnitee has paid or would be obligated to pay in the absence of any agreement to
indemnify. Should the TOWN offer to make or make the PROJECT available for any non-flood control
uses, the TOWN 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
regarding 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.
16. All notices or 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
Town of Queen Creek
Director
Town Manager
2801 West Durango Street
22358 S. Ellsworth Road
Phoenix, AZ 85009-6399
Queen Creek, AZ 85142
17. This Agreement shall expire upon completion of the transfer and after all funding obligations and
reimbursements have been satisfied in accordance with this Agreement, whichever is the first to occur.
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.
18. This Agreement is subject to cancellation by any party pursuant to the provisions of A.R.S. Section 38-511.
19. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys
for the parties to this Agreement, that these agencies are authorized under the laws of the State of Arizona
to enter into this Agreement and that it is in proper form.
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20. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure
of one or more parties to this Agreement, the parties agree that this Agreement shall be renegotiated at the
written request of any party.
SIGNATURE PAGES FOLLOW
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Michel A. Fulton, Director
Date
Approved and Accepted:
By:
Chairman, Board of Directors
Date
Attest:
By:
Clerk of the Board
Date
The foregoing Intergovernmental Agreement IGA FCD 2021A008 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
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2/25/2022
2/25/2022

Recommended by:
TOWN OF QUEEN CREEK
A Municipal Corporation
Joh
o
, Town Manager
Date
Date
Approved and Accepted:
ByDAL>
Attest:
Mayor Gail Barney
zJiqv_
By: 42J61°c
Toi qerk U
U
2)h4vz
Date
The foregoing Intergovernmental Agreement IGA FCD 2021A008 has been reviewed pursuant to Ariaona
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 grantççl to the Town of Queen Creek under the laws of the State ofArizona.
By:
Town Attorney
Date
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IGA FCD 202 1A008
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IGA FCD 2021 A0O8
EXHIBIT A
Approximate Limits of Transfer
—lz
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