2023-12-04_SURPRISE--PC 443 --COORDINATION-OF-ROADWAY-STANDARDS.PDF

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INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF SURPRISE
FOR COORDINATION OF ROADWAY STANDARDS
RELATED TO PRIVATE DEVELOPMENTS

(C-64-24- -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 Surprise, a municipal
corporation (City). The County and City are collectively referred to as the Parties or
individually as a Party.

STATUTORY AUTHORIZATION

1. ARS. 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. seg. authorizes public agencies to enter into
Intergovernmental Agreements for the provision of services or joint or cooperative
action.

3. ARS. 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 Agreement shall become effective as of the date the governing bodies
approve it of the Parties and remains in full force and effect until terminated by
either Party for any reason upon furnishing the other Party with written notice at
least thirty (30) days before 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 ofa
County, the roadways are generally required to be designed and constructed to
meet the County’s standards.

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10.

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 plans to annex the adjacent
roadways and 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.

There are other instances where a development site is in the county's jurisdiction,
and a city plans to annex the development area and its roadways. In such cases,
it may be reasonable to consider allowing the roadways within the County
jurisdiction to be designed and constructed to City standards if the City is willing
to commit to the annexation within a reasonable time frame.

PURPOSE OF THE AGREEMENT

The purpose of this 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 the application of City standards on development-
related roadways in County jurisdiction under terms provided under this
Agreement.

TERMS OF THE AGREEMENT
Responsibilities of the County:

9.1 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 Agreement.

9.2 The County Transportation Director or designee may agree to amend the
LOA, in writing, as provided in Paragraph 13 of this Agreement.

9.3. The County Transportation Director or designee shall retain appropriate
files related to any LOA entered into under the authority of this Agreement
until all terms provided in the Agreement and the pertinent LOA have been
satisfied or as otherwise required by law.

Responsibilities of the City:

10.1 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 Agreement.

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11.

10.2

10.3

The City Manager or designee may agree to amend the LOA, in writing, as
provided in Paragraph 13 of this Agreement.

The City Manager or designee shall retain appropriate files related to any
LOA entered into under the authority of this Agreement until all terms
provided in the Agreement and the pertinent LOA have been satisfied or as
otherwise required by law.

TERMS OF THE LOA FOR EACH PARTY

Each LOA entered into under the authority of this Agreement shall include the
following provisions:

12.1

12.2

12.3

12.4

12.5

12.6

12.7

A statement/recital that the subject LOA is subject to the terms and
conditions of this Agreement.

A description of the proposed development and the jurisdiction in which it is
located.

A list of the roadways included in the development or otherwise impacted
by the development.

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.

A statement that the City commits to process the 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 and all
maintenance and operation responsibilities upon approval of an applicable
LOA.

A statement that the roadways will be designed and constructed to City
standards.

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,” 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.

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13.

14.

15,

16.

18.

19.

12.8 Astatement that the County will assume responsibility for plan review,
permitting, inspections, and traffic control for the roadways outside the
proposed area to be annexed into 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.

42.9 Other terms may be deemed necessary by the County Transportation
Director (or designee) and the City Manager (or designee).

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.

Nothing in any LOA shall be interpreted to enlarge or expand the County’s or the
City’s authority.

GENERAL TERMS AND CONDITIONS

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, 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.

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,

This Agreement is subject to the provisions of A.R.S. § 38-511.

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 curing the Default within such thirty (30)
day period and thereafter is diligently pursuing such cure to completion. The

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20.

21.

22.

23.

24.

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 its option, may terminate this Agreement without waiving any
available remedies at law or in equity.

All notices required under this Agreement to be given in writing shall be sent to:

Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch

2901 W. Durango Street

Phoenix, Arizona 85009

City of Surprise

Attn: City Manager

16000 N Civic Center Plaza
Surprise, Arizona 85374

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 the 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.

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.

This Agreement shall be construed as a whole and by its fair meaning and without
regard to any presumption or other rule requiring construction against the party
drafting this Agreement.

This Agreement does not imply authority to perform any tasks, accept any
responsibility or grant authority to control the subject roadway(s), except to the
extent necessary to perform the tasks expressly undertaken pursuant to this
Agreement.

This Agreement and all Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions, and understandings between the
Parties to this Agreement, and there are no covenants, promises, agreements,
conditions, or understandings, either oral or written, between the Parties other than

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25.

26.

27.

28.

29.

30.

31.

32.

as set forth in this Agreement, and those agreements which are executed
contemporaneously with this Agreement. 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. This Agreement cannot be modified or changed except by a written
instrument executed by all Parties.

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, nor may any waiver be
deemed to be a waiver of a subsequent right obtained because of the continuation
of any matter previously waived.

Except as otherwise provided in this Agreement, all covenants, agreements,
representations, and warranties outlined in this Agreement, or any certificate or
instrument executed or delivered pursuant to this Agreement, shall survive the
expiration or earlier termination of this Agreement for a period of one (1) year.

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.

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.

Time is of the essence concerning this Agreement. Unless otherwise specified in
this Agreement, the term "day" as used in this Agreement means calendar day. If
the date for performance of any obligation under this Agreement or the last day of
any time period provided in this Agreement falls on a Saturday, Sunday, or legal
holiday, then the date for performance or time period shall expire at the close of
business on the first day thereafter which is not a Saturday, Sunday or legal
holiday.

Nothing contained in this Agreement shall create any partnership, joint venture, or
other agreement between the Parties hereto. Except as expressly provided in this
Agreement, no term or provision of this Agreement is intended or shall be for the
benefit of any person or entity, not a party to this Agreement, and no such other
person or entity shall have any right or cause of action under this Agreement.

Maricopa County, Arizona, shall be the venue for any claim arising out of or in any
way related to this Agreement.

The laws of the State of Arizona shall govern this Agreement.

End of Agreement - Signature Page Follows

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IN WITNESS WHEREOF, the Parties have executed this Agreement.

SURPRISE
Recommended by:
a ae
Bob Wingenroth Date
City Manager

Approved and Accepted by:

Be shee YEfB

Skip Hall Date
Mayor
Attest by:

Pkbmorll (0/3/23
City Clerk Date

APPROVAL OF CITY ATTORNEY

The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended,
by the 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.

so. ols [o3
per aeres ry

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IN WITNESS WHEREOF, the Parties have executed this Agreement.

MARICOPA COUNTY
Recommended by:
DocuSigned by:
Jesse Eutiurney 7/19/2023
Jesse Gutierrez 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.

DocuSigned by:
Wayne Puck 7/19/2023
Deputy County Attorney Date