HomeMy WebLinkAboutRES 07-56RESOLUTION NO. 07-56
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL
COUNTY CONCERNING SHARED COSTS FOR THE RE -PAVING AND
ENHANCEMENT OF A PORTION OF IRONWOOD DRIVE WITHIN THE
CITY LIMITS OF APACHE JUNCTION.
WHEREAS, Pinal County, a political subdivision of the
State of Arizona ("County") and the City of Apache Junction, an
Arizona municipal Corporation ("City") are empowered by A.R.S. §
11-952 to enter into intergovernmental agreements for joint or
cooperative activities; and
WHEREAS,pursuant to A.R.S.§9-240(B)and A.R.S.§9-
276(A), City has authority to improve and maintain streets and
highways within its corporate limits; and
WHEREAS,the parties have crafted an intergovernmental
agreement which sets forth the conditions and responsibilities
of the parties for the re -paving and enhancement of a portion of
Ironwood Drive approximately 2,000 feet north of Baseline Avenue
within City's corporate limits; and
WHEREAS,the roadway improvements to the segment of
Ironwood Drive within the City are part of a larger roadway
improvement/construction/re-construction project,which is the
subject of an Intergovernmental Agreement between the City and
the County previously executed on August 30, 2006.
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
intergovernmental agreement with County concerning
shared costs for the re -paving and enhancement of a
portion of Ironwood Drive within the city limits of
Apache Junction and the Mayor is hereby authorized to
sign the agreement on behalf of the City.
2.Staff shall record such document in the Pinal County
Recorder's office within sixty (60)calendar days
after full execution by both entities.
RESOLUTION NO. 07-56
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 18TH DAY OF DECEMBER , 2007.
SIGNED AND ATTESTED TO THIS 18TH DAY OF DECEMBER,2007.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 07-56
PAGE 2 OF 2
FEB-21-2008 THU 09:03 AM PINAL OTY PLAN & DEV SVO FAX NO. 5208666435 P.02
When recorded mail to:
13oEu-d of Supervisors
P.O. 827
Florence, AZ 85232
OFFICIAL RECORDS OF
.PINAL COUNTY RECORDER
LAURA DEAN-LYTLE
DATE/TItZ: 02/11/08 1120
FEE:
PAG4s:
FILE NUMBR:
RESOLUTION NO.C e 0 4 o r,- __TD
p.00
2
200B-012555
A RESOLUTION OF THE FINAL COUNTY BOARD OF SUPERVISORS
AUTHORIZING FINAL COUNTY TO ENTER INTO TYR
INTERGOVERNMENTAL AGREEMENT BETWEEN FINAL COUNTY
AND THE CITY OF APACHE JUNCTION CONCERNING SHARED COSTS
FOR THE RE -PAVING AND ENHANCEMENT OF A PORTION OP
IRONWOOD DRIVE WITHIN THE CITY MITTS OF APACHE JUNCTION
WHEREAS,pursuant to A.R.S.§11-952 the County is empowered to enter into
intergovernmental agreements for joint or cooperative action;
WHEREAS,pursuant to A.R.S. § 11 -25 1 and A.R.S. § 28-6707, the County is empowered
to enter into this Agreement in order to share costs with the City of Apache Junction in the
reconstruction, redesign and improvement of Ironwood Drive located within the corporate limits of
the City and County;
WHEREAS,this Agreement defines the responsibilities of the parties for the re -paving and
enhancement of a portion of Ironwood Drive from Baseline Road to approximately 2,000 feet north
of Baseline Avenue within City's corporate limits (see Exhibit A, attached to Intergovernmental
Agreement);
WHEREAS,the roadway improvements to the segment of Ironwood Drive within the City
are part of a larger roadway improvement / constructions / re -construction project, which is the
subject of an Intergovernmental Agreement between the City and the County previously executed on
August 30, 2006;
WHEREAS, Ironwood Drive/Gantzel Road is classified as a Principal Arterial in County's
Transportation Plan and serves as a primary corridor running north and south from U.S. 60 within the
City to Hunt Highway;
WHEREAS, traffic volume on the subject section of road is high and is expected to increase,
and the existing paving is in very poor condition and is unsafe;
WHEREAS, the purpose of the Project is to improve the capacity,public safety, and
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FEB-21-2008 THU 09:03 AM PINAL CTy PLAN & DEV SVC FAX NO. 5208666435 P. 03
•"
characteristics of Ironwood Drive and shall consist of removing existing paving and completely re-
paving the existing roadway with ten inches (10") "AB" Aggregate Base Coarse and five and one-
half inches (5.5") "AC" Asphalt Concrete and associated improvements to enhance the life of the
roadway beyond the minimum standards; and
WHEREAS, because the County's contractor is already engaged to. perform under the
August 2006 agreement and is already working on the roadway, time is of the essence and the
bidding requirement is not practical nor economical at this time and therefore shall be waived.
THEREFORE, BE IT RESOLVED:That the Pinal County Board of Supervisors is
authorized to enter into the Intergovernmental Agreement between Pinal County, a political
subdivision of the State of Arizona and the City of Apache Junction, an Arizona corporation.
(61+-PASSED AND ADOPTED this .day of C e b Runt ),2008.
ATTEST:
Clerk of the Boar
AottynivAKRI51GLENNVCIA Ironwood Drive\Rosolution.doc
Chairman, Board of Supervisors
-
FEB-21-2008 THU 09:03 AM PINAL CTY PLAN & DEV SVC FAX NO. 5208666435 P. 04
/*0)Recorded Return to:
Cit of Apacjhe n-ction F-Lure ilc9-:
300 Superstitio lvd.L.t) iN(5
Apac e ctlon, A 85219
rneY 0,(12 dr41)
• •••••
COPY
OFFICIAL RECORDS OF
PINAL COUNTY RECORDER
LAURA DEAN-LYTLE
DATE/TIME: 02/11/08 1120
FEE:$0.00
PAGES:13
FEE NUMBER:2008-012556
INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL
COUNTY AND THE CITY OF APACHE JUNCTION
CONCERNING SHARED COSTS FOR THE RE -PAVING AND
ENHANCEMENT OF A PORTION OF IRONWOOD DRIVE
WITHIN THE CITY LIMITS OF APACHE JUNCTION
_LATHIS AGREEMENT is made and entered into this c,o--day of
2007, by and between PINAL COUNTY, a political subdivision of the State of
Arizona (hereinafter referred to as "County")and the CITY OF APACHE
JUNCTION, an Arizona municipal corporation (hereinafter referred to as "City")
concerning shared costs for the re -paving and enhancement of a portion of
Ironwood Drive within the City limits (hereinafter referred to as the "Project").
PREAMBLE
WHEREAS, this Agreement defines the responsibilities of the parties for
the repaving and enhancement of a portion of Ironwood Drive from Baseline
Road to approximately 2,000 feet north of Baseline Avenue within City's
corporate limits (see Exhibit A, attached hereto); and
WHEREAS, the roadway improvements to the segment of Ironwood Drive
within the City are part of a larger roadway improvement / construction / re-
construction project, which is the subject of an Intergovernmental Agreement
between the City and the County previously executed on August 30, 2006; and
WHEREAS,Ironwood Drive/Gantzel Road is classified as a Principal
Arterial in County's Transportation Plan and serves as a primary corridor
running north and south from U.S. 60 within the City to Hunt Highway; and
WHEREAS, traffic volume on the subject section of road is high and is
expected to increase, and the existing paving is in very poor condition and is
unsafe; and
WHEREAS, the purpose of the Project is to improve the capacity, public
safety,and characteristics of Ironwood Drive and shall consist of removing
existing paving and completely re -paving the existing roadway with ten inches
(10")"AB" Aggregate Base Coarse and five and one-half inches (5.5")"AC"
FEB-21-2008 THU 09:04 AN PINAL CT? PLAN & DEV SVC FAX NO, 5208666435 P. 05
Asphalt Concrete and associated improvements to enhance the life of the
roadway beyond the minimum standards;and
WHEREAS,because the County's contractor Is already engaged to
perform under the August 2006 agreement and is already working on the
roadway, time is of the essence and the bidding requirement is not practical nor
economical at this time and therefore shall be waived.
RECITALS
A.County and City are empowered by A.R.S.§11-952 to enter Into
intergovernmental agreements for joint or cooperative action.
B.Pursuant to A.R.S. § 11-251 and A.R.S. § 28-6707, County is entering
into this Agreement in order to share costs with City in the re-
construction, re -design and improvement of Ironwood Drive located
within the corporate limits of City and County.
C.Pursuant to A.R.S. § 9-240(B) and A.R.S. § 9-276(A), City has authority
to improve and maintain streets and highways within its corporate
limits.
D.While Ironwood Drive Is used by some City residents at this time, with
the development of state and private land in the nearby area, it is
anticipated there will be a dramatic Increase in traffic volume within
the next 2 to 3 years.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained
herein and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereto agree as follows:
1.INCORPORATION OF PREAMBLE AND RECITALS:
The foregoing Preamble and Recitals are incorporated into and made a
part of this Agreement as if set forth below in their entirety.
2.CITY'S OBLIGATIONS:
A. City shall approve the design and plans for the Project,which
approval shall not be unreasonably withheld.
B. City shall transfer to County all dedicated right-of-way over which
City has dominion,control,and/or ownership interest prior to
commencement of construction.
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C. The current engineering cost estimate for the Project is Eight
Hundred Eighteen Thousand Ninety One Dollars and Seventy Seven
Cents ($818,091.77).City's proportionate share of the cost of the
Project is Six Hundred Twenty Nine Thousand Eight Hundred
Dollars and Three Cents ($629,800.03) and payment in this amount
shall be tendered to County as follows: 1) on June 30, 2008 in the
amount of $314,900.03; and 2) on June 30, 2009 in the amount of
$314,900.00;both on the condition that the work has been
completed by the County's contractor and approved by the City
Engineer.
3.COUNTY'S OBLIGATIONS:
A. County shall perform all re -design,engineering,re -construction,
and Inspection services for the Project no later than January 31,
2008, which shall include removing existing paving and completely
re -paving the existing roadway with ten inches (10")"AB"
Aggregate Base Coarse and five and one-half inches (5.5") "AC"
Asphalt Concrete and associated improvements.
B. The current engineering cost estimate for the Project is Eight
Hundred Eighteen Thousand Ninety One Dollars and Seventy Seven
Cents ($818,091.77).County's proportionate share of the cost of
the Project is One Hundred Eighty Eight Thousand Two Hundred
Ninety One Dollars and Seventy Four Cents ($188,291.74) and such
amount shall be tendered to its contractor as agreed upon between
the County and Its contractor,
4.INDEMNIFICATION:
To the fullest extent permitted by law,each party hereto shall
indemnify, defend, save, and hold harmless the other party, its agents,
representatives,officers,appointees,directors,officials,board
members,mayor and council members,and employees from and
against any and all claims,demands,proceedings,suits,actions,
losses and damages of every kind and description,and expenses,
including but not limited to attorneys' fees, arbitration expenses, court
costs, and the cost of appellate proceedings, which may be brought or
made against or Incurred by the indemnified party on account of bodily
injury, sickness, disease, death, or injury to, impairment or destruction
of property,including losses of use resulting therefrom caused in
whole or in part,relating to,arising out of,or resulting from the
negligent acts,professional errors,fault mistakes,or negligent
omissions, whether active or passive, of the indemnifying party may be
legally liable In connection with or incidental to the performance of this
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Agreement and arising out of Workers'Compensation claims,
unemployment disability compensation claims, or employees' liability
claims of the Indemnifying party's employees and Its subcontractors'
employees and claims under similar such laws or obligations.To the
fullest.extent permitted by law,the indemnifying party shall be
responsible for Its own negligent acts, omissions, and mistakes, and
those of its employees, agents, subconsultants, and subcontractors.
Every obligation of this Indemnification paragraph shall survive the
completion of the services hereunder and the termination of this
Agreement.
5.INSURANCE:
County, at its own expense, shall purchase and maintain the herein
stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved
unlicensed In the State of Arizona with policies and forms satisfactory
to City.
All insurance required herein shall be maintained in full force and
effect until all work or service required to be performed under the
terms of the Agreement is satisfactorily completed and formally
accepted; failure to do so may, at the sole discretion of City, constitute
a material breach of this Agreement.
County's insurance shall be primary insurance as respects the City,
and any insurance or self-insurance maintained by City shall not
contribute to it.
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an Insurance policy warranty shall
not affect coverage afforded under the insurance policies to protect
City.
The insurance policies, except Workers' Compensation, shall contain a
waiver of transfer rights of recovery (subrogation) against City, its
agents, officers, officials and employees for any claims arising out of
Contractor's acts, errors, mistakes, omissions, work or service.
The insurance policies may provide coverage which contains
deductibles or self -insured retentions. Such deductible and/or self-
insured retentions shall not be applicable with respect to the coverage
provided to City under such policies. County shall be solely
responsible for the deductible and/or self retention and City, at its
option, may require County to secure payment of such deductibles or
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11,
self -insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive, within ten (10)
working days, certified copies of any or all of the herein required
Insurance policies and/or endorsements.City shall not be obligated,
however, to review same or to advise County of any deficiencies in
such policies and endorsements, and such receipt shall not relieve
County from, or be deemed a waiver of, City's right to insist on strict
fulfillment of County's obligations under this Agreement.
The insurance policies, except Workers' Compensation and
Professional Liability, required by this Agreement, shall name City, its
agents, officers, officials and employees as Additional Insureds.
REQUIRED COVERAGE
Commercial General Liability
County shall maintain Commercial General Liability insurance with a
limit of not less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General
Aggregate limit. The policy shall include coverage for bodily injury,
broad form property damage, personal injury, products and completed
operations and blanket contractual coverage including, but not limited
to, the liability assumed under the indemnification provisions of this
Agreement, which coverage will be at least as broad as that on
Insurance Service Office, Inc. Policy Form No. CG 00011093, or any
replacements thereof.
Such policy shall contain a severabllity of interest provision, and shall
not contain a sunset provision or commutation clause, nor any
provision which would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall
be at least as broad as the Insurance Service Office, Inc.'s Additional
Insured, Form B, CG 20101185, and shall include coverage for
County's operations and products and completed operations.
If required by this Agreement, if County sublets any part of the work,
services or operations, County shall purchase and maintain, at all
times during prosecution of the work, services or operations under this
Agreement, an Owner and Contractor's Protective Liability Insurance
policy for bodily injury and property damage, including death, which
may arise in the prosecution of County's work, service or operations
under this Agreement.Coverage shall be on an occurrence basis with
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a limit not less than $1,000,000 per occurrence, and the policy shall be
issued by the same insurance company that issues County's
Commercial General Liability insurance.
Automobile Liability
County shall maintain Commercial/Business Automobile Liability
insurance with a combined single limit for bodily injury and property
damage of not less than $1,000,000 each occurrence with respect to
County's owned, hired, and non -owned vehicles assigned to or used in
performance of County's work. Coverage will be at least as broad as
coverage code 1, "any auto", (Insurance Service Office, Inc. Policy
Form CA 00011293, or any replacements thereof). Such insurance
shall include coverage for loading and off loading hazards. If
hazardous substances, materials or wastes are to be transported, MCS
90 endorsement shall be included and $5,000,000 per accident limits
for bodily injury and property damage shall apply.
Workers' Compensation
County shall carry Workers' Compensation insurance to cover
obligations imposed by federal and state statutes having jurisdiction of
County's employees engaged In the performance of the work or
services; and, Employer's Liability insurance of not less than $100,000
for each accident, $100,000 disease for each employee, and $500,000
disease policy limit.
By execution of this Agreement, County certifies as follows:
"I am aware and understand the provisions of A.R.S. § 23-900
at seq.which requires every employer to be insured against
liability for workers'compensation or to undertake self-
insurance in accordance with the provisions of this chapter,
and I will comply with such provisions before commencing the
performance of the work of this Agreement?
If County has no employees for whom workers' compensation
insurance is required, County shall submit a declaration or affidavit to
City so stating and covenanting to obtain such insurance if and when
County employs any employees subject to coverage.
In case any work is subcontracted, County will require subcontractor
to provide Workers' Compensation and Employer's Liability insurance
to at least the same extent as required of County.
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Professional Liability
County retained by City to provide the work or service required by this
Agreement will maintain Professional Liability insurance covering acts,
errors, mistakes and omissions arising out of the work or services
performed by County, or any person employed by County, with a limit
of not less than $1,000,000 each claim.
Certificates of Insurance
Prior to commencing work or services under this Agreement, County
shall furnish City with Certificates of Insurance, or formal
endorsements as required by the Agreement, issued by County's
insurer(s), as evidence that policies providing the required coverages,
conditions and limits required by this Agreement are in full force and
affect. The form of the certificates of insurance and endorsements
shall be subject to the approval of the Apache Junction City Attorney's
Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300
East Superstition Boulevard, Apache Junction, AZ 85219.
In the event any insurance policies required by this Agreement are
written on a "claims made" basis, coverage shall extend for two (2)
years past completion and acceptance of County's work or services
and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the Agreement, a renewal
certificate must be sent to City thirty (30) calendar days prior to the
expiration date.
All Certificates of Insurance shall be identified with bid serial number
and title. Policies or certificates and completed forms of City's
Additional Insured Endorsement (or a substantially equivalent
insurance company form acceptable to the City Attorney) evidencing
the coverage required by this section shall be filed with the City and
shall include the City as an additional insured. The policy or policies
shall be In the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named
Insured for the City of Apache Junction, it is agreed that the
City of Apache Junction and its officers and employees are
added as additional insureds under this policy."
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Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially
changed without thirty (30) calendar days' prior written notice to City.
6.EXCUSABLE DELAYS:
Either party shall be excused from performing its duties hereunder due
to failure of facilities,breakage or accident to machinery or
transmission facilities, unforeseen increases in the cost of labor or
materials,including petroleum products,weather conditions, flood,
earthquake,lightning,fire,epidemic,war,riot,civil disturbance,
sabotage, strike, lockout, labor dispute, boycott, material or energy
shortage, terrorism, casualty loss, acts of God, 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 the
reasons set forth herein shall exercise due diligence to remove such
inability with all reasonable dispatch.
7.EFFECTIVE DATE:
This Agreement shall become effective upon filing with the Office of the
Pinal County Recorder.
8.CANCELLATION DUE TO CONFLICT OF INTEREST:
This Agreement may be canceled for conflict of interest without further
obligation or penalty in accordance with A.R.S. § 38-511.
9.NOTICES:
All notices or demands required under this Agreement from either
party to the other shall be in writing and shall be deemed to have been
given when the notice is delivered in person by representatives or
agents of the parties, or deposited in a U.S.Mailbox in a postage
prepaid envelope or delivered by overnight service,addressed as
follows:
To:County Manager
Pinal County
P.O. Box 827
Florence, Arizona 85232
And to:County Attorney
Plnal County
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And to:
And to:
10.WAIVER:
P.O. Box 887
Florence, Arizona 85232
City Manager
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, Arizona 85219
City Attorney
City of Apache Junction
300 East Superstition Boulevard
Apache Junction, Arizona 85219
The failure to exercise any right,power or privilege under this
Agreement shall not operate as a waiver thereof, nor shall a single or
partial exercise thereof preclude any other or further exercise of that
or any right, power or privilege. The acceptance by either party of
sums less than may be due and owing to it at any time shall not be
construed as an accord or satisfaction.
11.LIMIT OR EXTENSION OF AGREEMENT:
Nothing in this Agreement shall be construed as either limiting or
extending the lawful jurisdiction of either party hereto other than as
expressly set forth herein.
12.SECTION HEADINGS:
The Section headings contained In this Agreement are for convenience
In reference only and are not intended to define or limit the scope of
any provision of this Agreement.
13.ENTIRE AGREEMENT/MODIFICATIONS:
This Agreement contains the entire agreement between the parties,
and no statements, promises or inducements made by either party,
their agents or employees that are not contained herein shall be valid
or binding. This Agreement may not be altered except in writing and
signed by each of the parties hereto.
14.NEGOTIATED TERMS:
This Agreement has been arrived at by negotiation and shall not be
construed against either party or the party that prepared the last draft.
FEB-21-2008 THU 09:05 AM PINAL CTY PLAN & DEV SVC FAX NO, 5208666435 P. 13
15.BINDING EFFECT/ASSIGNMENT:
The obligations and rights created in this Agreement are binding upon
and shall inure to the benefit of the parties and their successors,
assigns and legal representatives .Neither party may assign its rights
under this Agreement without the prior written approval of the other
party.Such successor or assignee shall assume, in writing, all duties
and obligations hereunder of the prior party and shall further agree to
be bound by and to fully perform the terms of this Agreement.
16.SEVERABILITY:
In the event that any phrase,: clause, sentence, paragraph, section,
article or other portion of this iAgreement shall become illegal, null or
void or against public policy or any reason, or shall be held by any
court of competent Jurisdiction to be Illegal, null or void or against
public policy, the remaining portions of this Agreement shall not be
affected thereby and shall remain in force and effect to the fullest
extent permissible by law,except if the remaining portions of the
Agreement do not provide one; or both of the parties with the essential
consideration for entering into this Agreement.
17.GOVERNING LAW. VENUE AND ATTORNEY FEES:
The terms and conditions of this Agreement shall be governed by and
interpreted in accordance with the laws of the State of Arizona.Any
action at law or in equity brought by either party for the purpose of
enforcing a right or rights provided for in this Agreement shall be tried
In a court of competent jurisdiction in Pinal County, Arizona.The
parties hereby waive all provisions of law providing for a change of
venue in such proceeding to any other county.In the event either
party shall bring suit to enforce any term of this Agreement or to
recover any damages for and On account of the breach of any term or
condition in this Agreement, it Is mutually agreed that the prevailing
party in such action shall recover ell costs including reasonable
attorneys fees to be determined by the court In such action.
[SIGNATURES APPEAR ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties executed this Agreement the day and
year first written above.
CITY OF APACHE JUNCTION, an
Arizona corporation
By
John SAnsalaco, Mayor
ATTEST:
.8 2
Kathleen Connelly, City Clerk Sheri Cluff, Clerk of The Boar'
FINAL COUNTY, a political
subdivision of the State of Arizona
By
aid Snider, Chairperson
• 1,1 •• • • •
COUNSEL APPROVAL AS TO FORM
I have read this Agreement and have determined such Agreement is in proper
form and is wird into within the powers of and authority granted under the
laws of -the Sta e of Arizona.
Ihnson; Pins! Deputy County DateGlenn
Attorne
R. Joel Stern, City Attorney
/
Date
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FEB-21-2008 THU 09:05 AM PINAL OTY PLAN & DEV SVC FAX NO. 5208666435 P. 15
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