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Home My WebLink AboutRes 2006-58 t ' RESOLUTION NO. 2006-58 sir A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR IMPROVEMENTS TO MCDOWELL MOUNTAIN ROAD FROM SOUTH OF THE FOUNTAIN HILLS MIDDLE SCHOOL TO FOREST ROAD. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement (the "Agreement") between the Town of Fountain Hills and Maricopa County for improvements to McDowell Mountain Road from south of the Fountain Hills Middle School to Forest Road relating to provision of bicycle lanes is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, December 21, 2006. FOR THE TOWN OF UNTAIN HILLS: ATTESTED TO: W. . Nicho s, ayor Bevelyn J. e er,Town Clerk REVIEW Y: APPROVED AS TO FORM: Ciuç fit ,A Timo by G. ickering,Town nager Andrew J. McGuire, ttorney L 695013.1 EXHIBIT A TO RESOLUTION NO. 2006-58 [Intergovernmental Agreement] See following pages. L 695013.1 = Maricopa County ll � II � - - Public Works (/I �\ 2901 W.Durango St. Phoenix,AZ 85009 Phone:602-506-4608 Fax:602-506-4882 www.maricopa.gov March 2, 2007 Ms. Bev Bender Town Clerk Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Az. 85268 SUBJ: IGA between Maricopa County and the Town of Fountain Hills for Improvements to McDowell Mountain Road from South of Fountain tihr Hills Middle School to Forest Road Dear Ms. Bender: Enclosed is a fully executed and recorded copy of the above mentioned IGA for your files. By request, I am sending an additional copy of the executed IGA to Mr. Randy Harrel under separate cover. If you have any questions concerning this matter, or if I can be of any further assistance please feel free to contact me at (602) 506-4616. Sincerely, ‘44):5 „7;che.,(L. ,ci Brenda L. Zam elli Regional Project Manager Enclosure: 1 CLERK OF THE BOARD BASKET PICK UP OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2007-0204757 02/20/07 03:38 PM 8 OF 10 ACUMMR INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS FOR IMPROVEMENTS TO MCDOWELL MOUNTAIN ROAD FROM SOUTH OF FOUNTAIN HILLS MIDDLE SCHOOL TO FOREST ROAD C- cP -1- 0 7- 14,o- A-OO This Agreement is between the County of Maricopa, a body politic, acting through the Maricopa County Department of Transportation (County), and the Town of Fountain Hills, a municipal corporation (Town). libr This Agreement shall become effective as of the date it is filed with the Maricopa County Recorder pursuant to Arizona Revised Statutes 11-952, as amended. STATUTORY AUTHORIZATION 1. The County is empowered by Arizona Revised Statute 11-251 and 28-6701, et seq., to layout, maintain, control and manage public roads within the County, and enter into this Agreement. 2. Arizona Revised Statutes 11-951, et seq., provide that public agencies may enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. BACKGROUND 3. McDowell Mountain Road provides a vital connection between the communities of Fountain Hills, Rio Verde and ultimately Scottsdale. It is also the only road to get to McDowell Mountain Regional Park, a major biking destination. This road is part of a very popular bicycle route in the northeast valley, which has seen an increase in traffic as a result of new residential and commercial development. McDowell Mountain Road is identified on the MAG Regional Bike Plan as Route No. 70 and is on the Maricopa County Bicycle Transportation System Plan. 694941.2 1 of 4 4. This is a bicycle enhancement project to the existing roadway from the point just south of the Fountain Hills Middle School to Forest Road. The project will add five tor feet of paved bicycle lanes. The approximate 8.3 mile project provides approximately 17 miles of bicycle lanes. PURPOSE OF THE AGREEMENT 5. The purpose of this Intergovernmental Agreement is to identify and define the responsibilities of the County and the Town for this project. TERMS OF THE AGREEMENT 6. The County agrees to: 6.1 Act as the lead agency for this project and incur all costs for the project. 7. The Town Agrees to: 7.1 Waive any or all permit fees required to design and construct the portion of the project that resides within their jurisdictional boundaries. GENERAL TERMS AND CONDITIONS 8. The parties hereby agree that to the extent permitted by law, each party will indemnify and save the other parties harmless, including any of the parties departments, agencies, officers, employees, elected officials or agents, from and against all 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. Each party hereby indemnifies the other against all liability, losses and damages of any nature for or on account of any injuries or death of persons or damages to or destruction of property arising out of or in any way connected with the performance or nonperformance of this agreement, except such injury or damage as shall have been occasioned by the negligence of that other party. The damages which are the subject of this indemnity shall include but not be limited to the damages incurred by any party, their departments, agencies, officers, employees, elected officials or agents shall include in the event of an action, court costs, expenses for litigation and reasonable attorney's fees. L 694941.2 2 of 4 9. This Agreement shall be effective as of the date it is filed with the Maricopa County Recorder pursuant to A.R.S. Section 11-952 and remain in full force and effect until all stipulations previously indicated have been satisfied except that it may be p amended upon written agreement by both parties. Either party may terminate this Agreement upon furnishing the other party with a written notice at least thirty (30) days prior to the effective termination date. 10. Pursuant to Arizona Revised Statutes 11-952, as amended, attached to this Agreement are copies of appropriate action by ordinance, resolution or otherwise authorizing the respective parties to enter into this Agreement. 11. This agreement shall be subject to the provisions of ARS Section 38-511. 12. This agreement shall not be construed to imply authority to perform any tasks, or accept any responsibility, not expressly set forth herein. 13. This agreement shall be strictly constructed against the creation of a duty or responsibility unless the intention to do so is clearly and unambiguously set forth herein. 14. This agreement shall not be modified or extended except by written instrument adopted in accordance with the requirements for adopting a new agreement. 15. This agreement does not grant authority to control the subject roadway, except to the extent necessary to perform the tasks expressly undertaken pursuant to this agreement. 16. Any funding provided for herein, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the Maricopa County Board of Supervisors in such fiscal year. 17. This Agreement has been arrived at by negotiation and shall not be construed against either party or against the Party who prepared the last draft. 694941.2 3 of 4 *IN WITNESS WHEREOF, the parties hereto have executed this Agreement. low MARICOPA COUNTY TOWN OF FOUNTAIN HILLS Recommended by: Recomme • •06. Michael S. Ellegood, P.E.. Date Date Director of Public Works Transp. Director & County Engineer Approved and Accepted: Approved and Accep - •. By: By: Chairman, Board of Supervisors Attest: Attest: � f FEB0720076Y. �� / C C of/the Board Da e Town Clerk Date. APPROVAL OF COUNTY COUNSEL AND TOWN ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement, between the County of Maricopa, and the Town of Fountain Hills, and declare the agreement to be in proper form and within the powers and authority granted to their respective governing bodies under the laws of the State of Arizona. 04Aipt. rk:cu eaudiga. //30107 Deputy County Counsel Town Attorney L 694941.2 4 of 4