INTERGOVERNMENTAL AGREEMENT
CITY OF PRESCOTT/YAVAPAI COUNTY
BUILDING PERMIT ISSUANCE, INSPECTIONS, APPROVALS
YAVAPAI COUNTYASSESSOR’S PARCEL NUMBERS
112-05-049, 112-09-183 AND 112-09-226B
(Lowes)
WHEREAS the City of Prescott (hereinafter referred to as “City”) is empowered to issue building permits for structures to be built within the City limits, and to levy fees therefore; and
WHEREAS Yavapai County (hereinafter referred to as “County”) is empowered to issue building permits for structures to be built in the unincorporated area of Yavapai County, and to levy fees therefore; and
WHEREAS Lowe’s HIW, Inc. (hereinafter referred to as “Lowe’s”) is the owner of certain real properties, more particularly identified as Yavapai County Assessor’s Parcel Numbers 112-05-049, 112-09-183 AND 112-09-226B (hereinafter collectively referred to as the “Property”); and
WHEREAS Lowe’s wishes to construct an earthen berm and associated walls on the foregoing parcel numbers, a portion of which will be located within the City limits and a portion of which will be located in the unincorporated area of the County; and
WHEREAS ARS §11-952 empowers the parties hereto to enter into Intergovernmental Agreements to jointly exercise powers common to the parties.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein, the parties agree as follows:
SECTION 1. That the City of Prescott may issue permits, conduct inspections, review plans, and issue certificates of completion for grading, drainage work and structures constructed at Yavapai County Assessor Parcel Numbers 112-05-049, 112-09-183 AND 112-09-226B, subject to the following:
A.That the applicant pay to the City any and all fees due the City, in
accordance with the City’s current fee policy respecting building and
grading permits.
- That the proposed use of the earthwork and structures are in
compliance with the CityLand Development Code.
- That any structures constructed on the Property will meet or exceed the requirements of the International Building Code and other Codes.
SECTION 2. That the City shall be entitled to retain any and all fees assessed for permit fees, applications, inspections and related fees.
SECTION 3. Any notices relating to this Intergovernmental Agreement shall be deemed to have been duly delivered upon personal delivery, or as of the second business day after mailing by United States mail, postage prepaid, addressed as follows:
Prescott:City of Prescott
City Manager
P. O. Box 2059
Prescott, AZ 86302-2059
With copies to:City of Prescott
Public Works Director
P. O. Box 2059
Prescott, AZ 86302-2059
City of Prescott
Community Development Director
P. O. Box 2059
Prescott, AZ 86302-2059
YavapaiCounty:YavapaiCounty
Administrator
1015 Fair St.
Prescott, AZ 86302
These addresses may be changed by either party by giving notice in writing. Such changes shall be deemed to have been effectively noticed five (5) calendar days after being mailed to each party by the party changing the address.
SECTION 4. This Intergovernmental Agreement shall be recorded in the Office of the Yavapai County Recorder upon its proper approval and execution by the authorized representatives of both parties, pursuant to ARS §11-952(G), and shall become effective thereupon.
SECTION 5. Pursuant to ARS §38-511, either party public agency hereto may cancel this Intergovernmental Agreement without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of said party is, at any time in which the Agreement or any extension thereof is in effect, an employee or agent of any other party to the Agreement in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement.
PASSED, APPROVED AND ADOPTED by the Mayor and Council of the City of Prescott this ____ day of ______, 2009.
______
JACK D. WILSON, Mayor
ATTEST:
______
ELIZABETH A. BURKE, City Clerk
PASSED, APPROVED AND ADOPTED by the Yavapai County Board of Supervisors this ____ day of ______, 2009.
______
Thomas Thurman, Chairman of the Board
ATTEST:
______
JULIE AYERS, Clerk of the Board
Pursuant to ARS Section 11-952(D), the foregoing agreement has been reviewed by the undersigned attorney for the City of Prescott, who has determined that the agreement is in proper form and is within the powers and authority granted under the laws of this State to the City of Prescott.
______
GARY D. KIDD, City Attorney
Pursuant to ARS Section 11-952(D), the foregoing agreement has been reviewed by the undersigned Deputy County Attorney, who has determined that the agreement is in proper form and is within the powers and authority granted under the laws of this State to the County of Yavapai.
______
DAVID S. HUNT, Deputy County Attorney
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