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INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY and the CITY OF GLENDALE
This Intergovernmental Agreement (Agreement) is between the County of Maricopa,
a political subdivision of the State of Arizona (County) and the City of Glendale, a
municipal corporation (Glendale). The County and Glendale are collectively referred
to as the Parties or individually as a Party.
STATUTORY AUTHORIZATION
The County is authorized, pursuant to A.R.S. Section 11-251 and Sections
28-6701 et. seq., to lay out, maintain, control and manage public roads within the
County. The County is authorized, pursuant to A.R.S. Section 11-861 to review
construction plans, authorize building permits and inspect the same. The County
is authorized, pursuant to A.R.S. Sections 11-201 and 11-251 to exercise police
powers within its jurisdiction.
Public agencies are authorized, pursuant to A.R.S. Section 11-951 et. seq., to
enter into Intergovernmental Agreements for the provision of services or for joint
or cooperative action.
Glendale is authorized, pursuant to A.R.S. Section 9-240 and 9-276, ef. seq., to
lay out and establish, regulate and improve streets within Glendale and to enter
into this Agreement. Glendale is authorized, pursuant to A.R.S. Section 9-511 to
review construction plans, authorize building permits and inspect the same.
Glendale is authorized, pursuant to A.R.S. Section 9-499.01 and Section 9-511 to
exercise police powers and provide municipal services to land within its jurisdiction.
BACKGROUND
4. Maricopa County Assessor Office Parcel Number 501-63-019C is located within
the boundaries of the County (“Primary Parcel’). Within this Primary Parcel a
multifamily development is being proposed for development within Maricopa
County. Adjacent to the Primary Parcel on its entire eastern boundary is Maricopa
County Assessor Office Parcel Number 501-63-019B, which is a 10-wide strip
annexation parcel located within Glendale (“Eastern Strip Annexation”). The area
of the Eastern Strip Annexation is legally described and depicted in Exhibit A
attached hereto.
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South of the Primary parcel is right of way for Camelback Road, which is primarily
within the jurisdiction of the County at this location except for a 10-wide strip
annexation that is within Glendale, which is legal described and depicted in
Exhibit B attached hereto (“Camelback Strip Annexation’).
The developer of the Primary Parcel will need to perform the following work within
the Eastern Strip Annexation: grading and drainage work, connection to
subterraneous water line(s), subterraneous installation of a yard storm drain
system, construction of a residential perimeter wall and residential rear yard side
walls, installation of landscaping, and construction of a community sidewalk
(‘Eastern Strip Work”).
The developer of the Primary Parcel will need to perform the following work within
the Camelback Strip Annexation: grading and drainage work; construction of
driveway improvements; and installation of paving, curb and gutter, and sidewalk
(“Camelback Strip Work’).
Hereafter, the Eastern Strip Annexation and the Camelback Strip Annexation
may be referred to collectively as the “Strip Annexations.” The relationship of the
Primary Parcel to the Strip Annexations is depicted in Exhibit C attached hereto.
No provision of this Agreement shall be construed or interpreted in a manner
which would undermine, divide, dissolve, breach, or re-arrange the City of
Glendale annexation boundaries.
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to provide for the design, review and
construction of utility and community related improvements in connection with a
new multifamily development and ongoing authority of such improvements by
the County.
TERMS OF THE AGREEMENT
Plan Review. The Parties agree that the County will have the authority and
responsibility to review and approve site plans and other construction plans for the
Eastern Strip Work and the Camelback Strip Work. Beyond the Eastern Strip Work
and the Camelback Strip Work, additional construction/improvements related to
the development of a multifamily residential community may also be necessary
within the Eastern Strip Annexation and the Camelback Strip Annexation and may
commence with the written approval of Glendale, and Glendale will not
unreasonably withhold such approval. The Parties agree that the City shall have
the authority to, and shall be provided an opportunity to, review and comment on
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any offsite roadway improvements within the Camelback Strip Annexation and any
structures (including walls) within the Eastern Strip Annexation.
Building Permits. The Parties agree that the County will have the authority and
responsibility to review and issue building permits within the Strip
Annexations. The City shall issue a “No Fee” right-of-way permit to the County for
the construction in the 10-foot strip annexation area in Camelback Road.
Additionally, the City will require the right-of-way contractor to name the City as
Additionally Insured on the insurance certificate required for the right-of-way
improvements.
Inspections. The Parties agree that the County will have the authority and
responsibility for all inspections of work or product within the Strip Annexations.
Provision of Government Services and Exercise of Police Powers. The Parties
agree that the County will provide all necessary government services to and
exercise all necessary police powers for the protection and preservation of the
public health, safety and welfare over the Strip Annexations to the extent allowed
by law. The Parties further agree that Glendale shall have no obligation to provide
any such government services to or exercise police powers over the Strip
Annexations.
Future Annexations. The Parties recognize that the Strip Annexation lie within the
planning area of Glendale and that nothing in this Agreement is intended to impair
or otherwise affect any annexation rights or powers of the City in accordance with
applicable law.
Cooperation; Further Acts. It is the intent of the Parties that development within the
Primary Parcel (including required improvements within the right of way) not be
negatively impacted by the prior annexations by Glendale of the Strip Annexations.
Accordingly, in the event any unanticipated issues arise related to the development
of the Primary Parcel because of the presence of the Strip Annexations, the Parties
agree to cooperate reasonably with each other and with the property owner of the
Primary Parcel to promptly resolve such issues to allow the reasonable
development of the Primary Parcel to move forward. Each of the parties hereto
shall execute and deliver all such documents and perform all such acts as
reasonably necessary, from time to time, to carry out the matters contemplated by
this Agreement.
Duration; Termination. This Agreement shall continue in effect unless and until
such time as the Primary Parcel is fully annexed by Glendale. This Agreement may
not otherwise be terminated except by mutual agreement of the governing bodies
of the County and Glendale, after proper notice and hearing in accordance with
applicable law. Any amendment or termination must be recorded in the office of
the Maricopa County, Arizona, Recorder.
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Severability. If any provision of this Agreement is declared void or unenforceable,
it shall not affect in any respect whatsoever the validity or enforceability of the
remainder of this Agreement.
Recordation. This Intergovernmental Agreement shall be recorded in the office of
the Maricopa County, Arizona, Recorder.
Authorization. This agreement is authorized pursuant to A.RS. § 11-952.
Default. Each of the following shall constitute a material breach of this Agreement
and an event of default (“Default”) hereunder: A Party’s failure to observe or
perform any of the material covenants, conditions or provisions of this Agreement
to be observed or performed by that Party (“Defaulting Party”), where such failure
shall continue for a period of thirty (30) days after the Defaulting Party receives
written notice of such failure from the non-defaulting Party provided, however, that
such failure shall not be a Default 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, but the total aggregate cure period shall not exceed ninety
(90) days unless the Parties agree in writing that additional time is reasonably
necessary under such circumstances to cure such default. In the event a
Defaulting Party fails to perform any of its material obligations under this
Agreement and is in Default pursuant to this Section, the non-defaulting Party, at
its option, may terminate this Agreement. Further, upon the occurrence of any
Default and at any time thereafter, the non-defaulting Party may, but shall not be
required to, exercise any remedies now or hereafter available to it at law or in
equity.
Notices. All notices required under this agreement to be given in writing shall be
sent to:
Maricopa County
Maricopa County Planning & Development
Attn: Director
501 N. 44" Street, Suite 200
Phoenix, AZ 85008
City of Glendale
Attn: City Manager
5850 West Glendale Avenue
Glendale, AZ 85301
All notices required or permitted by this Agreement or applicable law shall be in
writing and may be delivered in person (by hand or courier) or may be sent by
regular, certified or registered mail or U.S. Postal Service Express Mail, with
postage prepaid, and shall be deemed sufficiently given if served in a manner
specified in this paragraph. Either Party may by written notice to the other specify
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a different address for notice. Any notice sent by registered or 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 overnight courier that guarantee next day delivery
shall be deemed given 24 hours after delivery of the notice to the Postal Service
or courier.
Authority Not Stated. This Agreement does not imply authority to perform any
tasks, or accept any responsibility, not expressly stated in this Agreement.
Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective successors and assignees. Neither Party
shall assign its interest in this Agreement without the prior written consent of the
other Party.
Complete Agreement. This Agreement and all Exhibits attached to this Agreement
set forth all of the covenants, promises, agreements, conditions and
understandings related to the Project between the Parties to this Agreement, and
there are no covenants, promises, agreements, conditions or understandings,
either oral or written, between the Parties related to the Project, other than as set
forth in this Agreement, and those agreements which are executed
contemporaneously with this Agreement. This Agreement shall be construed as a
whole and in accordance with its fair meaning and without regard to any
presumption or other rule requiring construction against the party drafting this
Agreement. This Agreement cannot be modified or changed except by a written
instrument executed by all of the Parties hereto.
Opportunity to Review. Each Party has reviewed this Agreement and has had the
opportunity to have it reviewed by legal counsel.
Waiver. The waiver by any Party of any right granted to it under this Agreement is
not a waiver of any other right granted under this Agreement, nor may any waiver
be deemed to be a waiver of a subsequent right obtained by reason of the
continuation of any matter previously waived.
Interpretation. Wherever possible, each provision of this Agreement shall be
interpreted in such a manner as to be valid under applicable law, but if any
provision shall be invalid or prohibited under the law, such provision shall be
ineffective to the extent of such prohibition or invalidation but shall not invalidate
the remainder of such provision or the remaining provisions.
Partnerships and Third Parties. Nothing contained in this Agreement shall create
any partnership, joint venture or other agreement between the Parties hereto.
Except as expressly provided in this Agreement, no term or provision of this
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Agreement is intended or shall be for the benefit of any person or entity not a party
to this Agreement, and no such other person or entity shall have any right or cause
of action under this Agreement.
Section Headers. Section or other headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original but all of which together shall constitute the
same instrument. Faxed, copied and scanned signatures are acceptable as
original signatures.
Cooperation. The Parties will 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 pursuant to this
Agreement.
Venue. The venue for any claim arising out of or in any way related to this
Agreement shall be Maricopa County, Arizona.
Governing Law. This Agreement shall be governed by the laws of the State of
Arizona.
Cancellation. This Agreement is subject to cancelation by either party pursuant to
A.R.S. Section 38-511.
THE PARTIES have caused this Intergovernmental Agreement to be executed as of the
Effective Date.
End of Agreement - Signature Pages Follow
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
NAME Date
Position
Approved and Accepted by:
Jack Sellers, Chairman Date
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
CITY OF GLENDALE
Approved and Accepted by:
Jerry Weiers Date
Mayor
Attest by:
Julie K. Bower, City Clerk Date
APPROVAL OF CITY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. 11 952, as amended,
by undersigned Counsel, who has determined that it is in proper form and within the
powers and authority granted to the City under the laws of the State of Arizona.
Michael D. Bailey, City Attorney Date
Bowman
PAGE 10F 1
May 24, 2021
PROJECT # 050751-01-002
EXHIBIT A
LEGAL DESCRIPTION
CITY OF GLENDALE EAST STRIP
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14, FROM WHICH POINT THE
SOUTHEAST CORNER OF SAID SECTION 14, BEARS SOUTH 88°43’02” EAST (BASIS OF BEARINGS), A
DISTANCE OF 2596.02 FEET;
THENCE NORTH 00°04'19" EAST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF
55.01 FEET TO NORTH LINE OF THE SOUTH 55 FEET OF SAID SOUTHWEST QUARTER, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE NORTH 88°42'40" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 10.00 FEET TO THE WEST
LINE OF THE EAST 10 FEET OF SAID SOUTHWEST QUARTER;
THENCE NORTH 00°04'19" EAST, ALONG SAID WEST LINE, A DISTANCE OF 1129.78 FEET TO THE
SOUTHEASTERLY RIGHT-OF-WAY OF THE AIRLINE CANAL;
THENCE NORTH 41°21'30" EAST, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY, A DISTANCE OF 15.16
FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 00°04'19" WEST, ALONG SAID EAST LINE, A DISTANCE OF 1141.38 FEET TO THE POINT
OF BEGINNING.
CONTAINING 11,356 SQ.FT. OR 0.2607 ACRES, MORE OR LESS.
Bowman Consulting Group, Ltd. * 1600 N Desert Drive, Suite 210 » Tempe, Arizona 85281 + P: 480.629.8830
N.T.S.
N41°21’30"E.
_— 4 _
15.16
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CAMELBACK ROAD
SOUTHWEST CORNER,
SECTION 14, T2N, R1W
N88°42'40"W 1
N00'04'19”
io 55.01’
SOUTH QUARTER CORNER
SECTION 14, T2N, R1W
FOUND BRASS CAP
IN HAND HOLE
0.18'S. & 0.59°E
0.00°—~,
E
$88°43'02"E
2596.02’
(BASIS OF
BEARINGS)
SOUTHEAST CORNER
SECTION 14, T2N, R1W
FOUND BRASS CAP
CLIENT REF NO:
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Bl en EXHIBIT 1295 W Washington St, 6108
A Ne CITY OF GLENDALE EAST STRIP BDOWMeal Tempe, AZ 85281
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PAGE 10F1
May 24, 2021
PROJECT # 050751-01-002
EXHIBIT B
LEGAL DESCRIPTION
CITY OF GLENDALE SOUTH STRIP
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14, FROM WHICH POINT THE
SOUTHEAST CORNER OF SAID SECTION 14, BEARS SOUTH 88°43’02” EAST (BASIS OF BEARINGS), A
DISTANCE OF 2596.02 FEET;
THENCE NORTH 00°04'19" EAST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF
45.01 FEET TO NORTH LINE OF THE SOUTH 45 FEET OF SAID SOUTHWEST QUARTER, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE NORTH 88°42'40" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1065.91 FEET TO THE
SOUTHEASTERLY RIGHT-OF-WAY OF THE AIRLINE CANAL;
THENCE NORTH 44°23'00" EAST, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY, A DISTANCE OF 13.69
FEET TO THE NORTH LINE OF THE SOUTH 55 FEET OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 88°42'40" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1056.34 FEET TO THE EAST
LINE OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 00°04'19" WEST, ALONG SAID EAST LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 10,611 SQ.FT. OR 0.2436 ACRES, MORE OR LESS.
Bowman Consulting Group, Ltd. * 1600 N Desert Drive, Suite 210 + Tempe, Arizona 85281 « P: 480.629.8830
N.T.S.
N44°23°00°E_
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CAMELBACK ROAD _N88"42'40"W 1065.91’ { /-—~— P.0.B.
N88'42'40°W 2596.91 | Noo‘04'19"E
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SOUTHWEST CORNER,
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SOUTH QUARTER CORNER
SECTION 14, T2N, R1IW
FOUND BRASS CAP
IN HAND HOLE
0.18'S. & 0.59°E
SOUTHEAST CORNER
SECTION 14, T2N, RIW
$88°43'02"E
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(BASIS OF
BEARINGS)
FOUND BRASS CAP
IN HAND HOLE
= EXHIBIT 1285 W Washington St, 0108
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