2021-11-01 - IGA - BETHANY HOME AND CITRUS - CLEAN COPY FORMAT EDITS.DOCX
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1 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND CITY OF GLENDALE PROVIDING FOR THE OPERATION AND MAINTENANCE OF CITRUS ROAD FROM CAMELBACK ROAD TO BETHANY HOME ROAD AND BETHANY HOME ROAD FROM CITRUS ROAD TO ARIZONA STATE ROUTE 303 ADJACENT TO ALLEN RANCHES (C-64-21- ____ -X-00) This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political subdivision of the State of Arizona (County) and the City of Glendale, a municipal corporation (Glendale). The County and Glendale are collectively referred to as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to A.R.S. § 11-251 and §§ 28-6701 et. seq., to lay out, maintain, control and manage public roads within the County. 2. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et. seq., to lay out and establish, regulate and improve streets within the City and to enter into this Agreement. BACKGROUND 4. Citrus Road from Camelback Road to Bethany Home Road (Citrus Road) is planned to be a four-lane arterial (2 lanes in each direction plus a continues two 2 way turn lane) roadway within unincorporated Maricopa County, bounded on the west by the County and to the east by Glendale. 5. Bethany Home Road from Citrus Road to Cotton Lane (Bethany Home Road – County Section) is planned to be a divided four-lane arterial roadway with either a center turn lane or a median (110 feet right of way, 55 feet each side of section line, plus 20 feet Maricopa Water District (MWD) easement adjacent to southern right-of-way line) within unincorporated Maricopa County, bounded on the north by the County and to the south by Glendale between Citrus Road and Cotton Lane. 6. Bethany Home Road from Cotton Lane to Arizona State Route 303 (Bethany Home Road – Glendale Section) is planned to be a four-lane arterial roadway (110 feet right-of-way, 55 feet each side of section line) within Glendale. Within 250 feet of the intersection of Bethany Home Road and Cotton Lane, an additional 10 feet will be required for a total of 65 feet half-street right-of-way. 7. Maricopa Water District (MWD) has a 33 foot Romola Limited Fee Title interest (MWD Interest) along Citrus Road north of Missouri to Bethany Home Road and along Bethany Home Road from Perryville Road to State Route 303. 8. Allen Ranches is a phased, residential and industrial development proceeding within Glendale and is bounded by the area described below: 8.1 West - Citrus Road 8.2 North - Bethany Home Road. 8.3 East - Arizona State Route 303 8.4 South - Camelback Road. Each phase of development will be responsible for full-half-street improvements along its respective frontage along Citrus Road and Bethany Home Road (Project Improvements). The full-half street improvements for Citrus Road and the Bethany Home Road – County Section will be those required by the most current edition of the Maricopa County Department of Transportation (MCDOT) Roadway Design Manual and will be constructed within County right-of-way, subject to modifications made as part of the Bethany Home Road Corridor Improvement Study (2020) or the Traffic Impact Analysis prepared by Developer and reviewed and approved by County. The full-half street improvements for the Bethany Home Road – Glendale Section will be those required by the most current edition of the Glendale 2015 Engineering Design Standards & Details and will be constructed within Glendale right-of-way. 3 PURPOSE OF THE AGREEMENT 9. The purpose of this Agreement is to provide for the requirements for the design and construction of Project Improvements to Citrus Road and Bethany Home Road and for the future ownership, operation, and perpetual maintenance by the Parties of such Improvements. TERMS OF THE AGREEMENT 10. Glendale Responsibilities: 10.1 Will require the Developer of proposed Allen Ranches development to dedicate to County an additional 22 feet to the existing right-of-way, resulting in a total of 55 feet of half street right-of-way east of the center line of Citrus Road. 10.2 Will require the Developer of proposed Allen Ranches development to dedicate to Glendale an additional 22 feet (32’ within 250’ of the Cotton Lane intersection) to the existing right-of-way plus a 20-foot MWD replacement easement to MWD if required by MWD, resulting in a total of 55 feet of half street right-of-way (65’ within 250’ of the Cotton lane intersection)(exclusive of replacement easement) south of the center line of Bethany Home Road for the Bethany Home Road Glendale Section. 10.3 Will require the Developer of proposed Allen Ranches to dedicate to County an additional 22 feet to the existing right-of-way plus a 20-foot MWD replacement easement to MWD if required by MWD, resulting in a total of 55 feet of half street right-of-way (exclusive of the replacement easement) south of the center line of Bethany Home Road for the Bethany Home Road County Section. 10.4 Will require the Project Improvements to be built to County standards. Glendale will review the development’s offsite plans however Glendale shall not be liable for the design, construction, operation and/or maintenance deficiencies of such work, and shall not require permits for such work. Glendale may provide comments to County for consideration; however, County will have the final plan approval. 10.5 Require the Project Improvements on Bethany Home Road County Section to be built to County standards. Glendale will review the development’s offsite plans however Glendale shall not be liable for the design, construction, operation and maintenance deficiencies of such work, and shall not require permits for such work. Glendale may provide comments to County for consideration. However, County will have the final plan approval. 4 10.6 Require the Project Improvements on Bethany Home Road Glendale Section to be built to Glendale standards. 10.7 Shall, when warranted, pay 25% of the cost of a traffic signal (design and construction) at the intersection of Citrus Road and Bethany Home Road. 10.8 Shall, when warranted, pay 75% of the cost of the traffic signal (design and construction) at the intersection of Cotton Lane and Bethany Home Road. 10.9 Shall own, operate, and maintain the traffic signal at the intersection of Cotton Lane and Bethany Home Road once it has been constructed. 10.10 Shall review and permit Allen Ranches’ landscape plans on the east side of Citrus Road and the south side of Bethany Home Road. Glendale will require the developer to be responsible for maintenance of all landscaping that is installed in conjunction with the proposed development. 10.11 For Bethany Home Road – Glendale Section, upon execution of this Agreement and subject to the terms of this Agreement, Glendale shall assume full responsibility and liability for the design review, permitting and construction inspection and approval of the Project Improvements. 10.12 For Bethany Home Road – Glendale Section, following the completion of the Project Improvements, as approved by County, Glendale agrees to accept the Project Improvements and the right-of-way and shall assume full responsibility and liability for the operation and maintenance (including reconstruction of the road when it is required) of the Project Improvements. 10.13 Maintain and pay all utility costs for the lighting that is installed on Bethany Home Road – Glendale Section 11. County Responsibilities: 11.1 For Citrus Road and Bethany Home Road – County Section, upon execution of this Agreement and subject to the terms of this Agreement, County shall assume full responsibility and liability for the design review, permitting and construction inspection and approval of the Project Improvements. 11.2 For Citrus Road and Bethany Home Road – County Section, following the completion of the Project Improvements, as approved by County, County agrees to accept the Project Improvements and the right-of-way and shall assume full responsibility and liability for the operation and maintenance (including reconstruction of the road when it is required) of the Project Improvements. 5 11.3 Shall, when warranted, pay 75% (Design, construction) of the cost of a traffic signal at the intersection of Citrus Road and Bethany Home Road. 11.4 Shall, when warranted, pay 25% of the cost (Design, construction) of the traffic signal at the intersection of Cotton Lane and Bethany Home Road. 11.5 Shall own, operate, and maintain the traffic signal at the intersection of Citrus Road and Bethany Home Road once it has been constructed. 11.6 Provide Glendale with a letter of acceptance for all the Project Improvements on Citrus Road and Bethany Home Road-County Section. 11.7 Maintain all the signing and striping on Citrus Road and Bethany Home Road – County Section. 11.8 Maintain and pay all utility costs for the lighting that is installed on Bethany Home Road – County Section and along Citrus Road 11.9 County will not review any plans for Project Improvements on Bethany Home Road Glendale Section, except for information only, shall not be liable for the design, construction, operation and maintenance deficiencies of such work, and shall not require permits for such work. GENERAL TERMS AND CONDITIONS 12. 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 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. 13. This 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, 14. This Agreement may only be amended upon written Agreement by all Parties. 15. This Agreement is subject to the provisions of A.R.S. § 38-511. 6 16. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further acknowledge that: 16.1 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. § 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. 16.2 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. 16.3 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. 16.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 17. Any contractor or subcontractor who engages in for-profit activity and has 10 or more employees, if the value of the contract is a minimum of $1,000,000, certify it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 18. Each Party to this Agreement warrants that neither it nor any contractor 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, warranties 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. In the event of Default, the non-defaulting Party, at its option, may terminate this 7 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: County: Maricopa County Department of Transportation Attn: Intergovernmental Relations Branch 2901 W. Durango Street Phoenix, Arizona 85009 Glendale: Attn: City Manager 5850 West Glendale Avenue Glendale, AZ 85301 Either Party may by written notice to the other 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 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 guarantee next day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier for delivery. 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. 23. The waiver by any Party of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, and no waiver shall be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. 24. 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 8 expiration or earlier termination of this Agreement for a period of one (1) year. 25. 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. 26. 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 Agreement. 27. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 28. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows 9 IN WITNESS WHEREOF, the Parties have executed this 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 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 10 IN WITNESS WHEREOF, the Parties have executed this Agreement. CITY OF GLENDALE Approved and Accepted by: Jerry Weiers Date Mayor Attest by: Julie K. Bower, City Clerk Date APPROVAL OF CITY ATTORNEY The foregoing 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. Michael D. Bailey, City Attorney Date