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Home My WebLink AboutRes 26-29 RESOLUTION NO. 26-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL/DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY COMMUNITY COLLEGE DISTRICT. WHEREAS, the City of Apache Junction ("City") and Pinal County Community College District, dba Central Arizona College ("CAC") , wish to amend the March 13, 2010 Intergovernmental/Development Agreement ("IGA") ; and WHEREAS, CAC did not complete certain private infrastructure improvements as obligated under the IGA; and WHEREAS, the City and CAC desires completion of certain private infrastructure improvements whereby City will complete them with CAC reimbursing City for the improvements; and WHEREAS, pursuant to A.R.S . § 11-952 (A) , public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the City and CAC have crafted the attached written First Amendment which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the form of the First Amendment to the IGA between the City of Apache Junction and Pinal County Community College District set forth in Attachment A; and the mayor is hereby authorized to sign the First Amendment on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the First Amendment. RESOLUTION NO. 26-29 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS o��d DAY OF 1�jh Q _<, 2 0 SIGNED AND ATTESTED TO THIS d DAY OF _fey yJ to 20�. WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: 4 6 2-26 RICHARD J. STERN City Attorney RESOLUTION NO. 26-29 PAGE 2 OF 2 ATTACHMENT A FIRST AMENDMENT INTERGOVERNMENTAL/DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUCNTION AND PINAL COUNTY COMMUNITY COLLEGE DISTRICT FIRST AMENDMENT TO INTERGOVERNMENTAUDEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY COMMUNITY COLLEGE DISTRICT THIS AMENDMENT is made and entered into this 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and PINAL COUNTY COMMUNITY COLLEGE DISTRICT dbaCENTRAL ARIZONA COLLEGE, a public education institution of the State of Arizona ("CAC"). City and CAC are sometimes referred to collectively as "Parties" or individually as a "Party." RECITALS A. The Parties entered into the Intergovernmental/Development Agreement ("IGA") on March 13, 2010. B. CAC did not complete certain Private Infrastructure Improvements as obligated under the IGA. C. The Parties desire completion of certain Private Infrastructure Improvements whereby City will complete them with CAC reimbursing City for the work. AGREEMENT NOW THEREFORE, in consideration of the mutual promises expressed in this Amendment, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: A. Section 4 entitled "City's Obligations" is hereby amended by adding the following subsection (d) to the Section: d. Design and construct a twelve (12) acre-foot stormwater retention basin as shown on Exhibit A-1." B. Section 5 entitled "CAC's Obligations" is hereby amended by adding the following subsection (f) to the Section: f. Reimburse City for all costs associated with the design and construction of the stormwater retention basin within three (3) years after completion of the stormwater retention basin. The Parties understand that the expected cost of the stormwater retention basin is and will not exceed One Million Eight Hundred Thousand Dollars and No Cents ($1,800,000.00). All such costs shall be certified by the City Engineer as actual costs due and payable based on Engineer Estimates after construction is completed. CAC will pay City an estimated Six Hundred Thousand Dollars and No Cents ($600,000.00) upon invoice from City on January 1st of each year from 2027 through and including 2029." C. New Exhibit A-1 entitled "Central Arizona College Palm Wash Project' is added. D. Exhibit D entitled "Public Infrastructure Improvements" is hereby amended by adding the following sentence to end of the Exhibit: °'Stormwater Retention Basin to accommodate twelve (12) acre-feet, as shown on the attachment, no later than December 31, 2026." E. Exhibit E entitled "Improvement Construction Timeline" is hereby amended by adding the following sentence to end of the Exhibit: "Stormwater Retention Basin to accommodate twelve (12) acre-feet. Completion Date: December 31, 2026." F. Exhibit F entitled "Private Infrastructure Improvements" is hereby amended by adding the following sentence to end of the Exhibit: "Design/construction of a twelve (12) acre-foot retention basin, as noted in the attachment, no later than December 31, 2026." Except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect until the Agreement expires or is terminated. [Signatures follow on next page) 2 IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. CAC PINAL COUNTY COMMUNITY COLLEGE DISTRICT dba CENTRAL ARIZON COLLEGE, a public education institution of the State of Arizona By: [Name] Its: [Title] CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Evie McKinney City Clerk APPROVED AS TO FORM: R. Joel Stern City Attorney 3 EXHIBIT A-1 Wtt 1w[P fr]1:7� �\As2M,'•4 1KL{[n'.4[w1LtIK[MIMIO/0 ir I � I RD lz 11.oRAoiNo a ��-n o Ka a i �$' DMINAO!t•LAN 4 ORAINAOB AN 4 ir $_� scam..- se�-e — w�co solwo..... w.a_ _.. w�ao '�a[ao- --- � -aw'» .�'a' aw +• $WINASTER AD m i-j A `I a l _ ��t a TOP OF SLOPE TOEa SLOPE ��•t48W IOPK XOK TOE OF SLOR EaEV.t1yW IFFY•t/01.F/ EIEV•t11t.W TOP O.BFJIY EIEV•t/fb W TOP OF KRY IIPPEP in1TPLL TEO COCPE TE ROCn tut PE. rPK�E POMT E1FWt./Sm IOv+EP SLOPE/t 1'TP. 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