IGA WITH CITY OF GLENDALE_83RD_AVE.PDF

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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND CITY OF 
GLENDALE FOR RIGHT-OF-WAY ASSISTANCE FOR: ROADWAY IMPROVEMENTS:  
83RD AVENUE GLENDALE – NORTHERN RECONSTRUCTION PROJECT (202121) 
C-78-26-XXX-X-XX
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political 
subdivision of the State of Arizona (County) and the City of Glendale, an Arizona municipal 
corporation (City). County and City are collectively referred to in this Agreement as the Parties 
or individually as a Party. 
STATUTORY AUTHORIZATION 
1.
A.R.S. § 12-1111(6) authorizes County to exercise the right of eminent domain to obtain
property for roads and streets.
2.
A.R.S. § 12-1111(6) authorizes City to exercise the right of eminent domain to obtain
property for roads and streets.
3.
A.R.S. § 11-951 et seq. authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
BACKGROUND 
4.
City has designated 83rd Avenue a minor arterial roadway and has proposed to improve
83rd Avenue (Project) from Glendale to Northern Avenues (Project Area) pursuant to
the approved plans for City’s Capital Improvement Project. Portions of the Project Area
are within unincorporated Maricopa County.
5.
The City has authorized the acquisition of the right-of-way necessary for the Project by
purchase, grant, or eminent domain in Resolution No. R24-43, passed and adopted on
June 11, 2024.
6.
County will authorize the acquisition of the rights-of-way and appurtenant easements
within unincorporated Maricopa County necessary for the Project by purchase, grant, or
eminent domain pursuant to Road File No. A0754 which is scheduled to be heard and
approved at the February 25th, 2026, Board of Supervisor’s Meeting.
7.
City plans to construct the Project in Fiscal Years 2027 and to annex or accept the
transfer of the Project Area located within unincorporated Maricopa County upon
acquisition of all Project rights-of-way (existing and acquired) within unincorporated
Maricopa County.
8.
City is to be lead agency on acquiring all permanent and temporary land rights from
property owners for the Project.
9.
Each Party has determined that acquisition of additional property to allow for the
completion of the Project is for the benefit of the public.

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PURPOSE OF THE AGREEMENT 
10.
The purpose of this Agreement is to identify and define the responsibilities of each Party
for right-of-way acquisitions related to the Project.
11.
The County, in consultation and at the request of the City, will retain Outside Counsel to
represent the County as necessary to acquire properties from owners within
unincorporated Maricopa County for the Project. Each Party agrees that the retained
Outside Counsel will jointly represent the City and the County with respect to the
acquisition of acquired properties from owners within unincorporated Maricopa County.
TERMS OF THE AGREEMENT 
12.
County responsibilities:
12.1 
Maricopa County Real Estate Department (MCRED) staff will review City’s 
proposed project scope to ensure understanding of the Project and how it impacts 
unincorporated Maricopa County residents. A MCRED representative may attend 
Project meetings and public meetings as requested by City.  
12.2 
Permit Outside Counsel retained in accordance with this agreement to jointly 
represent the County and City in the acquisition of the rights of way required for 
the Project upon City’s request (ROW Assistance) and if Outside Counsel 
determines it to be necessary, execute a Joint Representation Agreement for the 
acquisition of properties under this Agreement.  
12.3 
When a property to be acquired extends into both City and County jurisdiction, 
County and City shall confer and attempt to develop a plan whereby all the needed 
property can be acquired in a single action, rather than have separate litigation 
proceed at the same time against the same owner.   
12.4 
If City is unsuccessful in acquiring the required right-of-way by agreement from an 
owner, Outside Counsel, under the joint direction of City and County, may proceed 
to acquire the property by the power of eminent domain with County named as 
plaintiff with the following stipulations:  
a. County will communicate with City and Outside Counsel appointed to
represent the County in the acquisition of the property.
b. Outside Counsel shall keep County and City apprised of the status of each
condemnation action for which Outside Counsel has been retained pursuant
to this Section 10.5. Status updates should occur monthly and be sent via
email to MCRED Director and MCRED ROW Supervisor.
c.
Outside Counsel shall communicate directly with the Maricopa County
Attorney’s Office (“MCAO”) and the City Attorney’s office concerning the status
of any condemnation action and shall provide the MCAO and City Attorney or

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designee an opportunity to review and comment on a draft of the complaint 
and any amendments to the complaint or other filing.   
d. Outside Counsel shall copy the MCAO and the City Attorney or designee on
significant pleadings filed in the case, including the complaint, answer, status
reports, scheduling orders, motions, responses and similar briefs, as well as
copies of any significant rulings from the Court.
e. The joint defense and common interest privileges shall apply to all
communications between MCAO and the City Attorney’s office concerning any
condemnation action filed or contemplated to be filed under this IGA.
12.5 
Invoice City, based on supporting documentation, monthly for County employees’ 
time as it relates to the Project.  
12.6 
Issue all necessary permits to City for the Project, and related work conducted 
within the County’s jurisdictional boundaries, at no cost to City. 
13.
City responsibilities:
13.1 
Provide remote meeting options to City’s Project Meetings to facilitate attendance 
by MCRED team members. The City will offer Microsoft TEAMS as its remote 
meeting option. 
13.2 
Perform all duties as the lead agency for the Project, including without limitation, 
responsibility and liability for the design, all activities necessary to complete the 
acquisition of right-of-way, contracting with consultants and appraisers, utilities 
and utility relocation, construction and construction management, inspection, 
operation, maintenance, and all aspects of the Project. 
13.3 
Obtain County approval for the retention of Outside Counsel to represent the City 
and County in acquiring any property needed for the Project not acquired by 
agreement and execute a Joint Representation Agreement for the acquisition of 
properties under this IGA. The City shall direct, administer, and pay for all costs 
arising out the acquisition and condemnation of the Project properties, including 
all fees and expenses of Outside Counsel. Outside Counsel shall invoice City for 
services rendered monthly in accordance with City guidelines for outside legal 
representation and the City will pay such invoices directly to Outside Counsel.  
13.4 
Provide draft copies of all settlement agreements and stipulated judgments to 
MCAO and MCRED ROW Supervisor for their review/comment period. All 
settlement agreements and stipulated judgements are subject to approval by the 
Maricopa County Board of Supervisors. 
13.5 
Provide MCRED ROW Supervisor with a project status on a quarterly basis. 
13.6 
Initiate the annexation or transfer of the Project right-of-way within six (6) weeks of 
having completed all acquisitions/obtained final judgments needed for the Project 
within unincorporated Maricopa County. Prior to adopting the ordinance for the 
area to be transferred/annexed, the City/Town shall submit to MCRED, for review 
and approval, a draft ordinance with a legal description and exhibit defining the

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exterior boundary of the area to be transferred. The transfer of right-of-way from 
County to Town/City shall be accomplished using a form approved by MCRED. 
13.7 
Perform its responsibilities in accordance with FHWA/ADOT requirements and 
comply with the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970, as amended. 
GENERAL TERMS AND CONDITIONS 
14.
The Parties mutually consent to the transfer of the Project right-of-way when completed
and shall fully cooperate to achieve said transfer under A.R.S. § 9-471(O) pursuant to
the procedures outlined in Section 12.6 above.
15.
To the extent permitted by law, each Party will indemnify, defend and save the other
Party, as well as its departments, agencies, officers, employees, elected officials, and/or
agents, harmless from and against all loss, expense, damage or claim of any nature
whatsoever, including without limitation all injuries or death of persons or damages to or
destruction of property, which is caused by any activity, condition, or event arising out of
the performance or nonperformance under this Agreement by the indemnifying Party.
Indemnification shall not extend to any loss, expense, damage or claim caused or
contributed to by the gross negligence or willful acts of the other Party. The obligation to
indemnify shall include all costs, expenses of litigation, and reasonable attorneys’ fees.
16.
This Agreement shall become effective as of the date it becomes fully executed.  Any
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, provided however if any
acquisition of real property is in process under this agreement or Outside Counsel has
been retained, this Agreement may only be terminated by a mutual written agreement of
the Partis which addresses: (i) how the acquisition of real property will be completed; (ii)
how representation of the Parties will be continued and/or terminated; and (iii) what the
respective responsibilities of the County and City will be in relation thereto.
17.
This Agreement may only be amended upon written Agreement by both Parties.
18.
This Agreement is subject to the provisions of A.R.S. § 38-511.
19.
The Parties warrant they are following A.R.S. § 41-4401 and further acknowledge that:
19.1 
Any contractor or subcontractor who is contracted by a Party to perform work on 
the Project shall warrant their compliance with all federal immigration laws and 
regulations that relate to their employees and their compliance with A.R.S. § 23-
214(A), and shall keep a record of the verification for the duration of the employee’s 
employment or at least three years, whichever is longer. 
19.2 
Any breach of the warranty shall be deemed a material breach of the contract that 
is subject to penalties up to and including termination of the contract. 
19.3 
The Parties retain the legal right to inspect the papers of any contractor or 
subcontractor employee who works on the Project to ensure that the contractor or 
subcontractor is complying with the warranty above and that the contractor agrees

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to make all papers and employment records of said employee available during 
normal working hours in order to facilitate such an inspection. 
19.4 
Nothing in this Agreement shall make any contractor or subcontractor an agent or 
employee of the Parties to this Agreement. 
20.
The Parties warrant that neither it nor any contractor or vendor under contract to provide
goods or services toward the accomplishment of the objectives of this Agreement is
suspended or debarred by any federal agency which has provided funding that will be
used in the Project.
21.
Any non-performance shall be a default under this Agreement (Default).  The non-
defaulting Party may seek appropriate remedy for Default if the event causing the Default
continues for a period of thirty (30) days after the defaulting Party receives written notice
of such failure without the Default having been cured; provided however if the defaulting
Party has commenced to cure the Default within such thirty (30) day period and thereafter
is diligently pursuing such cure to completion, no recourse shall be available to the non-
defaulting Party. The total aggregate cure period shall not exceed ninety (90) days
unless the non-defaulting Party agrees in writing that additional time is reasonably
necessary under all of the circumstances to cure such Default. In the event of a Default
that is not cured as provided for herein, the non-defaulting Party, at its option, may
exercise any remedies now or hereafter available to it at law or in equity, including the
right to terminate this Agreement.
22.
All notices required under this Agreement shall be given in writing sent to:
Maricopa County Real Estate Department 
Attn: Director 
2801 W. Durango Street 
Phoenix, Arizona 85009 
Alex.smith@maricopa.gov 
The City of Glendale 
Attn: Kevin Phelps, Interim City Manager 
5850 W. Glendale Avenue Glendale Arizona 85301 
kphelps@glendaleaz.com 
The City of Glendale 
5850 W. Glendale Avenue 
Glendale, Arizona 85301 
Attn: Michael Bailey 
mbailey@glendaleaz.com 
The City of Glendale 
5850 W. Glendale Avenue 
Glendale, Arizona 85301 
Attn: Tangella Diaz 
tdiaz@glendaleaz.com 
A Party may by written notice to the other specify a different address for notice.

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All notices required or permitted by this Agreement or applicable law may be delivered in 
person (by hand or courier) or may be sent by regular, certified mail or U.S. Postal Service 
Express Mail, with postage prepaid, or by commercial delivery service that guarantee next 
day delivery and shall be deemed sufficiently given if served in a manner specified in this 
paragraph. Any notice sent by certified mail, return receipt requested, shall be deemed 
given on the date of delivery shown on the receipt card, or if no delivery date is shown, 
the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours 
after the notice is addressed as required in this paragraph and mailed with postage 
prepaid. Notices delivered by United States Express Mail or commercial delivery service 
shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier. 
23.
Performance under this Agreement is contingent upon any funding, other than in the
current fiscal year, being budgeted and appropriated by the governing body of each in
the then current fiscal year. Termination by either Party due to non-appropriation of funds
shall not constitute a Default under this Agreement.
24.
This Agreement and all Exhibits attached to this Agreement constitute the entire
agreement between the Parties with respect to the subject matter of this Agreement.
This Agreement shall be construed as a whole, in such a manner as to be valid under
applicable law and in accordance with its fair meaning and without regard to any
presumption or other rule requiring construction against the Party drafting this
Agreement.
25.
The Parties shall execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to
be performed by such Party under this Agreement.
26.
This Agreement shall be governed by the laws of the State of Arizona. Venue for any claim
arising out of or in any way related to this Agreement shall be in Maricopa County, Arizona.
[Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties have executed this Agreement. 
MARICOPA COUNTY 
Recommended by: 
__________________________________ 
Alex Smith     
Date 
Director of Real Estate 
Approved and Accepted by: 
Date 
Chair 
Board of Supervisors 
Attest by: 
Clerk of the Board 
Date 
APPROVAL OF DEPUTY COUNTY ATTORNEY 
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by the 
undersigned Deputy County Attorney, who has determined that it is in proper form and within the 
powers and authority granted to the Board of Supervisors under the laws of the State of Arizona. 
Deputy County Attorney 
Date 
2/2/2026
2/2/2026

IN WITNESS WHEREOF, CITY OF GLENDALE, an Arizona municipal corporation, has
gpXd the {1regoing instrument to be executed by its duly authorized representative, this
YJ 
ay of _%/;;;e.r:::. 2025. 
APPROVED AS TO FORM: 
STATE OF ARIZONA 
) 
) ss.
County of Maricopa 
) 
Interim City Manager 
This instrument was acknowledged before me this cA=J-+Zay of 0 , 202Sby Kevin R. 
Phelps. City Manager for the City of Glendale, who acknowledged that he executed this 
instrument for the purposes contained therein. 
JIM 1Y1 - ilfu_, 
Notary Public 
My commission expires: &9· U.sf- g{3 J 
[
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TRISHA M. ALANIZ 
Notary Public • Artzona 
Maricopa County 
Commission # 673464 
r,,mmssior E,pres -"'7 25. 20.'8