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HomeMy WebLinkAboutResolution 2007-080 IGA with Pima County for the acquisition of property for the I-10/twin peaks traffic interchange F. ANN RODRIGUEZ, RECORDER RECORDED BY: JCC DEPUTY RECORDER Q,v°~ ~z~q ~ 0305 PE1 ~~'~ ~~i~„ O~ SMARA w~ ~p~ ~ ~Z TOWN OF 1~~~RANA ~N = ~ ~ ' ~ ATTN : TOWN CLERK `~RIZO~p' 11555 W CIVIC CENTER DR MARANA AZ 85653 13077 2812 10 20071160613 06/15/2007 15:37 $ 10.50 DOCKET PAGE NO . OF PAGES SEQUENCE RE S MAIL AMOUNT PAID MARANA RESOLUTION N0.2007-80 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA TO PROVIDE FOR THE ACQUIS ITION OF PROPERTY FOR THE I-10 /TWIN PEAKS TRAFFIC INTERCHANGE. WHEREAS it is necessary to acquire certainright-of--way located in a Pima County island to complete of the Twin Peaks / I-10 interchange project; and WHEREAS Pima County desires to assist the Town of Marana with the property acquisition by means of purchase, donation or condemnation; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF M:ARANA, that the intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of May, 2007. -~ ,~ - . ---.~.- Mayor Ed Honea ATTEST: J yn C. B ' nson, Town Clerk APPR~~~D~~TO FORM ,~ . ca=.~ C idy, Towwn {0000474 ~ Doc /} V' S F~ z ~ ~ aea~ ~~~ ~ ~ ~ ~~~~~~~~ _ ._~~~ ,N ,,~ X11 ~w'ilt ~~ r r~i ~~a~ ~;;; `"" .dw,,: ~~,'!s c11h CIH S/07/07 ~D RESOLUTION AND ORDER NO. 2007- 93 RESOLUTION AND ORDER OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE INTERSTATE 10-TWIN PEAKS TRAFFIC INTERCHANGE PROJECT. (Districts 1 8z 3) WHEREAS, a public need exists for a new traffic interchange to be constructed at Interstate 10 and Linda Vista Road, commonly referred to as the I - 10/Twin Peaks Traffic Interchange Project ("the Project"), and WHEREAS, the Town of Marana ("the Town") has agreed with the Arizona Department of Transportation ("ADOT") to be the local sponsor for the Project, which requires the acquisition of additional right of way for the new public road alignment, and WHEREAS, a portion of the Project will be constructed within a County jurisdictional "island" that is surrounded by the Town's jurisdictional area, and WHEREAS, the County wishes to cooperate with the Town in the construction and establishment of the Project improvements, and WHEREAS, the County and the Town find it necessary to enter into an intergovernmental agreement to facilitate joint jurisdictional cooperation for the Project, NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED, BE IT RESOLVED THAT: 1. The intergovernmental agreement between Pima County and the Town of Marana for the I - 10/Twin Peaks Traffic Interchange Project is hereby approved. 2. The Chairman of this Board is hereby authorized and directed to sign the agreement for the Board. 3. The various Pima County officers and employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to the Resolution. PASSED, ADOPTED AND APPROVED this 15 day of Mdy , 2007. PIMA C BO O { VISORS ATTEST: Ri and Elias, hairman Clerk of the Board MAY 1 5 ZOaT Approved as to form: c putt' County Attorne 1 ~~.~~ H4. d/ o~/m 3~~a~• ds"a ~ AM E N ~ ~E ~: ~ ~ ~ ~ , -..~~..... This (1~lRCcr ~~ „=' .. -::" C~ ail ,i,j~v/oticeps, co~~-. ~.~~ v do ahnd documents ~Cr~C,^;V^.~i ~V ~lf~~ contract. INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE INTERSTATE 10 -TWIN PEAKS TRAFFIC INTERCHANGE This Agreement is between the Town of Marana, a municipal corporation of the State of Arizona ("Town") and Pima County, a body politic and corporate of the State of Arizona ("County"), pursuant to Arizona Revised Statutes (A.R.S.) § 11-952. RECITALS A. The Parties are authorized by Arizona Revised Statutes (A.R.S} § 11-952, et seq., to enter into agreements for j Dint and cooperative action.. B. A public need exists for a new traffic interchange off I-10 in the vicinity of Linda Vista Road (the "Project") which requires the acquisition of right of way by purchase, donation or condemnation; and C. A portion of the real property needed for the Project improvements lies in a County island within the Town of Marana; and D. The Parties have agreed that the completion of the project is essential to the public safety and welfare and desire to cooperate in the completion of the Project; and E. It is to the mutual benefit of the Town and County to enter into an Agreement for the acquisition of right of way needed for the Project as designed and delineated in the attached map which is incorporated by reference as Exhibit 1; NOW, THEREFORE, Town and County, pursuant to the above, and in consideration of the terms and conditions herein set forth, do mutually agree as follows: 1. Purpose. The purpose of this Agreement is to allow for the acquisition of right of way necessary for the Project that is within the County. 2. Duration. This Agreement shall become effective on the date it is adopted, approved, and is fully executed by both the Town and the County and shall continue in force and effect until all real property required for the Project that is within the County is acquired, Final Orders of Condemnation have been obtained, and all appeals have been exhausted. 3. Agreement to Construct the Project. The Town, in conjunction with the Arizona Department of Transportation (ADOT), shall fund and construct the Project in accordance with the plans and bid documents prepared by the Town and ADOT's consultants. At grade access .from the access road will be allowed by the Town for all County owned parcels within the Project area in accordance with State and local standards. 4. Manner of Financing. The Town has budgeted sufficient funds for the acquisition of the necessary right of way as well as for the legal services required to obtain the right of way by eminent domain or otherwise. The County shall have no financial responsibility for the acquisition of rights of way including the cost of related legal services, design, construction or maintenance of the Project. 5. Legal Services. The County agrees to cooperate with the Town to acquire the right of way necessary for the Project that lies within unincorporated Pima County using eminent domain if the Town cannot acquire the property by purchase or donation. The Town will pay all costs associated with the exercise of eminent domain including all costs of related legal services. 6. Right of Entry and Ownership of Property. The County, upon receipt of an Order. for Immediate Possession on property needed for the Project, hereby grants- the Town, ADOT and their employees, agents and contractors the right to enter upon the property for activities related to the Project. Upon recording of a Final Order of Condemnation in each action, the County shall transfer by Quit Claim Deed ownership of all property acquired to the Town. 7. Project Permits. a. Town. Permits. Town shall provide any Town permits required in connection with the Project at no cost to the County. b. County Permits. County shall provide any County pernlits required in connection with the Project at no cost to the Project. c. Other Permits Required. In the event other governmental entity requires the Town or ADOT to obtain any approval, permission or permits for the Project, County shall cooperate with and assist the Town in its application for such permits. 8. Annexation. The Town will work diligently toward annexation of the real property in the county island at issue in this Agreement. 2 9. Authorization.- This Agreement has been approved by the County and the Town. The undersigned were authorized and directed to execute this Intergovernmental Agreement. 10. Cancellation. Each party acknowledges that this Agreement is subject to cancellation pursuant to A.R.S. ~ 3 8-511, as amended. 11. Termination. This Agreement shall terminate upon the final acquisition of all property needed for the Project by Deed or Final Order of Condemnation. 12. Compliance with Law. The Parties to this agreement will comply with all federal, state and local laws and ordinances applicable to their performance under this Agreement. 13. Attorneys Fees and Costs. If either party brings an action or proceeding for failure to observe any of the terms or provisions of this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs. 14. Severability. If for any reason any portion of this Agreement is held invalid or unenforceable, the remaining terms, parts or provisions are agreed to be valid and enforceable. 15. Integration. This Agreement constitutes the entire Agreement between the parties. All modifications to this Agreement must be in writing, signed and endorsed by the parties. 16. Indemnification. To the fullest extent permitted by law, each party to the Agreement shall indemnify, defend and hold the other party,. its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone else acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. a. Notice. Each party shall notify the other in writing within 30 days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Section. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Section. b. Negligence of Indemnified Party. The obligations under this Section shall not extend to the negligence of the indemnified party, its agents or employees. c. Survival of Termination. This Section shall survive the termination, cancella- tion, expiration or revocation, whether in whole or in part, of this Agreement. 3 17. Construction of Agreement. a. Entire Agreement.. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contempor- aneous agreements and understandings, oral or written, are herby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by the parties. c. Construction and Interpretation, All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals. d. Captions and Headings. The headings used in this Agreement are for con- venience .only and are not intended to affect the meaning of any provision of this Agreement. 18. Legal Jurisdiction. Nothing in this Agreement shall be construed s either limiting or extending the legal jurisdiction of Town or County. 19. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture of employment relationship between the parties or create and employer-employee relationship between Town and County employees or between County and any Town employees. No party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including, without limitation, the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 20. No Third Party Beneficiaries. Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of any party to this Agreement, by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 21. Compliance with Laws. The parties shall comply with all applicable federal, state anal local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order 75-5, as amended by Executive Order 99-4, issued by the Gove1-nor of the State of Arizona are incorporated by this reference as a part of this Intergoverrunental Agreement as if set forth in full herein. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 4 ~tl~ `' ffjj~~LLp~ 'G'' F~~~r ,~ Fina+~~ ~~~'. `~ ;:~ ;A:ni uw; ~~m~ °kmi~ i n~ryn § 12 ~ 01-12213 } and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 3G. 22. Waiver. Waiver. by .any party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 23. Force Maieure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this .Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire epidemic, war, riot, civil disturbance, sabotage, strike lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 24. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies while performing pursuant to this Agreement, for purposes of A.R.S. §23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any worker's compensation benefits which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. §23-906 in substantially the following form: All employees are herby further notified that they maybe required to work under the ,jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are. deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 25 . Notification. All notices or demands upon any party to this agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed. as follows: Director, Pima County Department of Transportation 201 North Stone Avenue Tucson, AZ 85701 5 Town Manager, Town of Marana 11555 West Civic Center Drive Marana,. AZ 85653 26. Remedies.. Any party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 27. Authorization to Execute Documents. By approval of this Agreement, the Pima County Board of Supervisors authorizes the County Administrator to execute all documents necessary to fulfill the purposes of this Agreement, including the quit claim deeds referred to in paragraph 6 of this Agreement. IN WITNESS WHEREOF, County has caused this Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and the Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: TOWN OF MARANA: ocelyn onson, Town Clerk Ed Honea, Mayor ATTEST: Lori Godoshian Clerk of the Board PIMA C Richard Elias, ~ MAY 1 5, 2@~Ol rman of the Board APPROVED AS TO CONTENT: p 4~ WN OF MARANA: PIMA COUNT ~~ , , r~~ u ~, ~~ ~~~ ;, own A ministrat Priscilla. S. Cornelio, Director ~~: '~~ €~,° u ~:.A *,, 6 ~~: F ~.. .c. .~ -- -aua~+'s'w.mhv`~-i:.av.. _. -. •.. • -> ...x~..uu~ezaxaww+6WNUben _ - . ivY+w.sM~e..sss.:.ca--.. u~~- _... .. ..,,:,-.~..:a..w:~~%uuessaaeb>vcativ ... INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party represented by the him/her. Pima County: ./ v Hal Gilbreath, Deputy County Attorney Date Town of Marana: ~'~~ rank Cassid own Attorney Date ~~„ ;~ti~ ..;,~~ ~~~ r ,p ,~ ~~~,, ~~ .~4 ~'~,„~n~ ,y",;IE ~.§k~~~ ~~~ t { i i