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LCON 01722
PEORIA CONTRACT No. |
GLENDALE ContTrRACT No.
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PEORIA
AND THE CITY OF GLENDALE FOR EMERGENCY BACKUP WATER SERVICE
This Intergovernmental Agreement (“Agreement”) is entered into as of May 16",
2022 (“Effective Date”), by and between the City of Peoria (“Peoria”), an Arizona
municipal corporation, and the City of Glendale (“Glendale”), an Arizona municipal
corporation. Peoria and Glendale are sometimes referred to collectively as “Parties”
and individually as a “Party.”
RECITALS
A. Arizona Revised Statutes (“A.R.S.”) § 11-952(A) provides that cities may
enter into intergovernmental agreements for the provision of services, or for joint or
cooperative action.
B. Peoria and Glendale have previously entered into intergovernmental
agreements for the treatment and transport of domestic water, including multiple
agreements related to the treatment and delivery of water from the Pyramid Peak Water
Treatment Plant.
Cc. Glendale desires that Peoria agree to supply it with up to 10 million
gallons per day (MGD) of backup domestic water in the event of emergency conditions
(“Emergency Backup Water”) at a point of connection between the respective water
distribution systems. Peoria is amenable to supplying Glendale with Emergency Backup
Water pursuant to the terms of this Agreement.
D. Glendale understands that Peoria’s ability to provide Emergency Backup
Water pursuant to the terms of this Agreement will vary depending on time of year,
community growth over time, system maintenance and operations activities, and as
water sources are added or subtracted from Peoria’s system. Peoria will provide to
Glendale what water it is capable to provide after meeting its own system obligations.
E. Glendale understands that Peoria also has similar interconnect
agreements with other water providers and that Peoria has the sole right to determine
the prioritization of any water deliveries through the use of these types of agreements.
Priority will be given to supply Peoria residents first, including those normally served by
other water providers.
F. On April 19", 2022, the Peoria City Council authorized execution of this
agreement. On , 2022, Glendale similarly acted to authorize
execution of this Agreement by enacting [Ordinance/Resolution Type/Number]:
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Now, therefore, for good and valuable consideration, the Parties agree as
follows:
AGREEMENT
1. RECITALS/CaPTIONS. The Parties acknowledge that the recitals set forth
above are true and correct, and are incorporated into this Agreement by reference. The
captions in this Agreement are merely for reference, and not to construe or limit the text.
2. AGREEMENT TERM. This Agreement’s initial term is 10 years from the
Effective Date. Upon mutual agreement and formal written amendment executed prior
to expiration of the initial term, the Parties may renew this Agreement for one additional
10-year term.
2.1. Early Termination. Either Party may terminate this Agreement
upon providing two (2) years prior written notice of such termination to the other Party.
Upon such written notice being provided, this Agreement will terminate two (2) years
from the date of the delivery of the notice to the other Party. Unless terminated as set
forth in this Agreement, this Agreement will remain in effect for the period of years set
forth in Section 2.
3. EMERGENCY BACKUP WATER SERVICE.
3.1. Emergency Water Supply. In the event of an emergency situation
where Glendale lacks sufficient domestic water to meet the needs of its customers,
Glendale shall notify Peoria to request an immediate or imminent temporary supply of
Emergency Backup Water from Peoria for a period up to 30 days, with written follow up
sent within 3 business days. An ‘emergency situation’ may include the failure of water
delivery infrastructure, such as occurs during a water main break, or the inability to
provide treated water from a treatment facility. Requests may not include supplementing
peak demand times for the Glendale water system. The request made by Glendale
must include reasonable details regarding the emergency circumstances, duration, and
water needs and be provided to Peoria in accordance with Section 8.2. Peoria will
provide the requested Emergency Backup Water at the Point of Delivery, as defined in
Section 4, so long as it determines—in its sole discretion—that this request will not
adversely affect its own operations.
3.2. Peoria’s obligations to Glendale for the Emergency Backup Water
will terminate at the Point of Delivery. Glendale understands and acknowledges that it
will have sole responsibility for the distribution of the Emergency Backup Water it
receives at the Point of Delivery. Glendale is responsible for all operation and
maintenance costs to provide the Emergency Backup Water to its customers within
Glendale’s certificated service territory.
3.3. Glendale must follow all state and federal laws and regulations
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applicable to water quality and testing with respect to its distribution of the Emergency
Backup Water. In order to comply with the Safe Drinking Water Act’s requirements,
Glendale is responsible for providing any additional treatment (including water
disinfection) after the Point of Delivery at Glendale’s own cost and expense.
4, WATER DISTRIBUTION SYSTEM SERVICE CONNECTION.
4.1. Point of Delivery. Peoria will provide treated domestic water to
Glendale as Emergency Backup Water at the following point of connection—individually
the “Point of Delivery’—between the Peoria water distribution system and the
Glendale water distribution system:
e 67 Avenue and Jomax Road
This ‘Point of Delivery’ is clearly shown in the attached Exhibit A incorporated herein by
reference.
4.2. Service Connection Construction. Glendale is in the process of
connecting its water distribution system to Peoria’s water distribution system at the
Point of Delivery. Glendale will install and operate metering and telemetry equipment—
with flow meter output signals connected to Peoria’s Supervisory Control and Data
Acquisition (“SCADA”) system—to measure the flow rate and volume of water delivered
by Peoria to Glendale at the Point of Delivery. As a condition of Peoria providing water
service to Glendale under this Agreement, Glendale agrees to operate and maintain its
service connection facilities and equipment at all times in good working order and in
accordance with applicable manufacturer and water engineering standards.
4.2.1. Approval of Connection and SCADA Equipment.
Before Glendale connects any of its water system infrastructure to Peoria’s water
system at the Point of Delivery, Glendale must submit for Peoria’s review, inspection,
and approval: (1) all plans and specifications for that connection to the Peoria water
system; and (2) all meters and SCADA equipment for use in conjunction with Peoria’s
delivery of water under this Agreement.
4.2.2. Maximum Flow Rate. Glendale’s service connections
must have all necessary valves and fittings to ensure that the maximum flow rate will
not exceed 6,940 gallons per minute at the Point of Delivery. Glendale also must
install and maintain backflow-prevention assemblies on all connections that Peoria
requires for its water system. Glendale must place such assemblies on Glendale’s
property or within public right-of-way.
4.2.3. If Glendale’s meters, gates, or valves installed under this
Agreement later become undersized, inoperative, or inaccurate based on applicable
water engineering standards, Glendale must replace them as Peoria requires—at
Glendale’s own cost and expense.
4.3. Water Quality/Testing. Glendale must follow all state and federal
laws and regulations applicable to water quality and testing with respect to its
distribution of all water it receives from Peoria under this Agreement. To comply with the
Safe Drinking Water Act’s requirements, Glendale is responsible for providing any
additional treatment (including water disinfection) after the Point of Delivery at
Glendale’s own cost and expense. These requirements do not limit Peoria’s obligations
to meet all applicable state and federal drinking water standards at the Point of Delivery
and to deliver water of the same general quality as water served to Peoria’s own retail
customers. No later than April 15 each year, Peoria will provide Glendale with the
information needed to prepare an annual consumer confidence report under the
requirements of 40 CFR § 141.152, as incorporated by reference in ARIZ. ADMIN. CODE
R18-4-117, for that water delivered in the prior calendar year at the Point of Delivery.
4.4. Additional Delivery Points. The Parties may establish additional
service connections between the respective water distribution systems to carry out the
purposes of this Agreement if mutually agreed in writing. In that event, the term “Point of
Delivery’ will refer to all of the points of delivery collectively and utilized to carry out the
purposes of this Agreement.
4.5. Delivery Infrastructure. Glendale is responsible for its own
delivery infrastructure, including storage and pumping capacity for peaking and fire
flows, after connecting its water system to Peoria’s water system at the Point of
Delivery. Peoria will not supply Emergency Backup Water to Glendale under this
Agreement unless and until Glendale provides Peoria with written notice that Glendale
has completed construction of any infrastructure required to accept Emergency Backup
Water from Peoria at the Point of Delivery.
4.6. Adequate Alternative Water Source. Glendale acknowledges that
this Agreement is subject to termination prior to expiration of the term.
5. EMERGENCY BACKUP WATER SERVICE PAYMENT.
5.1. Payment Requirement. In consideration of Peoria providing
Glendale Emergency Backup Water under this Agreement, Glendale agrees to pay
Peoria for the volume of water provided to Glendale at the Point of Delivery.
5.2. Payment Amount. The amount paid by Glendale shall be based
on Peoria’s rate schedule in effect at the time of water delivery. For the purpose of
determining the applicable rate, Glendale shall be classified as a commercial rate
customer.
6. MONTHLY INVOICE. Using Glendale’s water-meter readings, Peoria will
invoice Glendale for water services each month in which Peoria provided it Emergency
Backup Water. Glendale must pay its monthly bill within 45 calendar days of the
invoice’s date of print.
6.1. Late Payment. If Glendale does not timely pay its monthly bill,
Peoria will charge Glendale interest—as calculated from the prime rate plus 2 percent
per annum—prorated and compounded daily until Glendale makes payment to Peoria of
the owed principal (plus interest) in full.
6.2. Bill Dispute. If Glendale disputes any portion of its bill, it must pay
the disputed amount under protest when due—and include with its payment the
protest’s basis in writing. Peoria will review the protest within 30 days of receipt, and if
Peoria finds the protest valid, then Peoria will refund to Glendale the overpayment, plus
interest—as calculated from the prime rate plus 2 percent per annum—prorated and
compounded daily until Peoria makes payment to Glendale of the refunded
overpayment (plus interest) in full. In the event Peoria does not agree with Glendale's
dispute, the Parties will resolve the matter through the Dispute Resolution provisions in
Section 15.
7. GLENDALE WATER DELIVERY.
7.1. Delivery Point. If Peoria meets all applicable state and federal
drinking water standards at the Point of Delivery—delivering water of the same general
quality as water served to Peoria’s own retail customers—then Peoria’s obligations to
Glendale for water services will terminate at the Point of Delivery, and Glendale
understands and acknowledges that it will have sole responsibility for the distribution of
water it receives at the Point of Delivery. Glendale is fully responsible for all operation
and maintenance costs for delivering the water it receives from Peoria at the Point of
Delivery to its customers within Glendale’s certificated service territory.
7.2. Calibration Verification/Maintenance. Calibration verification and
maintenance of all metering instrumentation and telemetry equipment shall be
performed at the Point of Delivery.
7.2.1. Every 12 months, all necessary calibration verification
and maintenance must be conducted using an independent third-party contractor in
accordance with manufacturer instructions. Glendale must provide Peoria at least one
week's prior notice of any such planned event. Peoria is entitled to have a Peoria
representative present at the event. Glendale must conduct the event in accordance
with the notice even if Peoria elects not to attend. If verification efforts cannot achieve a
maximum error percentage of less than or equal to plus or minus two (2) percent at the
volume totalizing device, Glendale shall consult with Peoria and the equipment
manufacturer on how to achieve the aforementioned error parameters at evenly shared
expense.
7.2.2. Any calibration discrepancies under-reporting the amount
of water delivered to Glendale by more than two (2) percent will be adjusted by
Glendale restoring to Peoria one-half of the discrepancy percentage for all water that
Peoria delivered from the date of the last calibration to the date of the discrepancy's
discovery.
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7.2.3. Any calibration discrepancies over-reporting the amount
of water delivered to Glendale by more than two (2) percent will be adjusted by Peoria
delivering to Glendale one-half of the discrepancy percentage for all water reported
delivered to Glendale from the date of the last calibration to the date of the
discrepancy’s discovery.
7.3. Output Signals. Glendale is responsible for connecting delivery
meter output signals to Peoria’s Supervisory Control and Data Acquisition (“SCADA”)
system at Glendale’s own cost and expense. This includes all equipment and labor
necessary for connection. Glendale’s connections must comply with Peoria’s standards
to Peoria’s satisfaction. Peoria may use meter-output signals into its SCADA system to
verify the volumes that Glendale reports monthly. Peoria may also periodically read the
meters to verify volumes that Glendale reports or to confirm SCADA system data.
8. SUBMISSIONS.
8.1. Calibration Verification/Maintenance Documents. Glendale
must provide Peoria with a copy of flowmeter maintenance and repair contracts
applicable to this Agreement. Glendale shall supply Peoria with flowmeter calibration
verification and maintenance reports within 30 days of receipt of the report from the
vendor contracted for flowmeter maintenance and repair, including flowmeter
verification through HART protocol or other manufacturer recognized accuracy
verification protocol. Calibration verification reports must include at least the following
information: the person or entity conducting the verification, the name of the test
witness, date of the testing activity, device serial number, firmware version, verification
method, calibration factor, and zero point. External voltage reference check may be
performed as calibration verification provided this method is recognized by the
equipment manufacturer and the test is performed per the equipment manufacturer's
instructions. Glendale must transmit copies of applicable contracts and reports to Peoria
by email (addressed to current Field Operations Manager) or by certified, postage-
prepaid United States Mail (return receipt requested)—addressed as follows:
City of Peoria
Water Services Department
9875 N. 85" Avenue
Peoria, Arizona 85345
Attn: Field Operations Manager
Telephone: (623) 773-7805
Fax: (623) 773-7457
8.2. Emergency Backup Water Request. In the event of an
emergency situation where Glendale lacks sufficient water to meet the needs of its
customers, Glendale may request in writing a temporary supply of Emergency Backup
Water for a period up to 30 days. This request must include reasonable details
regarding the emergency’s circumstances, duration, and water needs. Within 3
business days following Glendale’s initial notification to Peoria of its immediate or
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imminent need for a temporary supply of water, Glendale must send the request for
Emergency Backup Water to Peoria by email (addressed to current Field Operations
Manager) or by certified, postage-prepaid United States Mail (return receipt
requested)—addressed as follows:
City of Peoria
Water Services Department
9875 N. 85"" Avenue
Peoria, Arizona 85345
Attn: Field Operations Manager
Telephone: (623) 773-7805
Fax: (623) 773-7457
8.3. Daily Consumption. Glendale must record water-meter readings
each day to track consumption of Emergency Backup Water for billing purposes.
Glendale must summarize these daily readings every month in a report, and send each
report to Peoria at the beginning of the following month by email (addressed to current
Field Operations Manager) or by certified, postage-prepaid United States Mail (return
receipt requested)—addressed as follows:
City of Peoria
Water Services Department
9875 N. 85" Avenue
Peoria, Arizona 85345
Attn: Field Operations Manager
Telephone: (623) 773-7805
Fax: (623) 773-7457
8.4. ADWR Reporting Requirements. In the event Peoria delivers
potable water under the terms of this Agreement, Peoria and Glendale will coordinate
on the submission of Arizona Department of Water Resources (ADWR) Annual Water
Withdrawal and Use Reports to ensure water deliveries and receipts between Service
Area Rights are recorded consistently and correctly. Glendale shall contact the following
Peoria personnel for this coordination:
City of Peoria
Water Services Department
9875 N. 85'" Avenue
Peoria, Arizona 85345
Attn: Water Resources Advisor
Telephone: (623) 773-7357
Fax: (623) 773-7291
9. SERVICE SUSPENSION.
9.1. Delinquent Bill. Peoria may suspend all services under this
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Agreement if Glendale fails to pay any delinquent bill within 60 days of receiving written
notice of the delinquency. Peoria will suspend such services to Glendale so long as the
delinquent bill (plus interest) remains unpaid. Peoria reserves the right to pursue all
legal and equitable remedies available by law to collect on delinquent amounts.
9.2. Bad Meter. If Glendale’s meter fails or stops recording, it must
prepare—for billing purposes—an estimate of its unmetered water use, and Glendale
must repair or replace the meter within 90 days. Any failure by Glendale to repair or
replace the meter within such 90-day period will be grounds for Peoria to suspend all
services under this Agreement until Glendale completes the repair or replacement work.
9.3. Other Causes. Peoria may also suspend all services under this
Agreement: (1) immediately in the event of any emergency applicable to Peoria; (2) with
90 day notice in the event of drought or water shortage; (3) with 90 day notice for
purposes of routine maintenance and repair; or (4) with 90 day notice for any other non-
emergency purposes if Peoria—in its sole discretion—determines that the water
demands of Peoria’s customers require suspension of those services to Glendale.
Peoria will restore performance of its services under this Agreement as soon as
practicable.
10. PEORIA PRIORITIES.
10.1. No Responsibility. Peoria’s obligations to Glendale under this
Agreement for Emergency Backup Water is subordinate to Peoria’s paramount duty to
serve the water-service needs of its own customers. Glendale understands and
acknowledges that it will have sole responsibility for providing water utility service to its
customers within Glendale’s certificated service territory, even if Peoria suspends or
otherwise discontinues its services. Peoria will not provide any water directly to
Glendale’s customers.
10.2. No Liability. Peoria will timely notify Glendale of any inability to
fulfill Glendale’s water requirements due to suspension of services under this
Agreement. Peoria is not liable to Glendale (or its customers) for any claim, demand,
loss, or damage of any nature or character whatsoever due to—or arising out of—any
failure, diminution, or interruption of services under this Agreement.
10.3. Force Majeure. Peoria will not be responsible or liable (or
otherwise deemed in breach) because of any delay in the performance of this
Agreement's obligations to the extent caused by circumstances beyond Peoria’s control
(Le., without its fault or negligence) and those circumstances could not have been
prevented by the exercise of due diligence, including but not limited to: fires; natural
disasters; riots; wars; unavoidable/unexpected site conditions; Glendale’s failure to
provide necessary information or take necessary actions as required by this Agreement;
or the unforeseeable inability to obtain necessary site access, authorization, permits,
licenses, certifications, or approvals.
11. WATER QUANTITY AND QUALITY DISCLAIMER. In connection with any water
provided by it to Glendale under this Agreement, Peoria makes no representations,
warranties, or guarantees to Glendale regarding: (1) the flow rates of the water; (2) the
pressure of the delivered water; or (3) the quality of water transported to Glendale—
except that the water will meet all applicable state and federal drinking water standards
at the Point of Delivery (including without limitation any standards set under the 1974
Safe Drinking Water Act as amended) and it has the same general quality of water that
Peoria delivers to its own retail customers.
12. AGREEMENT TERMINATION. If Peoria has suspended services under this
Agreement for at least 60 consecutive days for Glendale’s nonpayment of a delinquent
bill—or if Glendale has not cured its breach of any other provision of this Agreement
(i.e., any breach except Glendale’s nonpayment of an amount due) for at least 60
consecutive days after receiving notice of that breach from Peoria—then Peoria may (in
addition to its other remedies under this Agreement, by law, or in equity) terminate this
Agreement upon a 60 day written notice to Glendale.
13. | VALVE-OFF OR SEVER. Upon expiration or termination of this Agreement,
Glendale—at its own cost and expense—uwill valve-off or sever all delivery connections
to Peoria’s water system immediately, unless the Parties agree otherwise in writing.
13.1. Approved Plans. Giendale—at its sole cost and expense—must
design and construct all required facilities needed to sever and disconnect Peoria’s
water system from Glendale’s water system. Glendale may not perform any work on
Peoria’s water system—including severance and disconnection—until Peoria approves
Glendale’s work plans and specifications, which must include a right for Peoria to
inspect and approve the work.
13.2. Workmanlike Manner. In addition to following approved plans and
specifications, Glendale must perform all work on Peoria’s water system in a
satisfactory and workmanlike manner.
914. INDEMNITY. Each Party (as “indemnitor’) agrees to indemnify, defend, and
hold harmless the other Party (as “indemnitee”) from and against any and all claims,
losses, liability, costs, or expenses (including reasonable attorney fees) (hereinafter
collectively referred to as “claims”) arising out of bodily injury of any person (including
death) or property damage, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee, are directly caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents,
employees, or volunteers in the performance of its obligations set forth in this
Agreement.
15. DispuTe RESOLUTION. Any dispute, controversy or claim (in each case
dispute") arising out of or relating to this Agreement or the subject matter of this
Agreement, or the execution, validity, interpretation, implementation, breach or
termination of this Agreement, that cannot be resolved by the Parties, shall be referred
9
to binding arbitration within 15 days after written notice by one party to the other party
with whom the first party has a dispute that the first party desires to arbitrate the
dispute. Arbitration shall be subject to the following provisions:
15.1. All notices in connection with the arbitration, including the notice of
arbitration and the response thereto, shall be served in the same manner as provided
for notices generally under this Agreement.
15.2. The Parties shall agree upon and appoint a single arbitrator. The
arbitrator shall decide the issues in dispute and the arbitrator's decision shall be final
and binding on the Parties. If the Parties fail to agree on a single arbitrator within 30
days after notice of arbitration is given, either Party may petition either the American
Arbitration Association ("AAA") or a court having jurisdiction to appoint the arbitrator.
The AAA or court selection of an arbitrator shall be final and binding upon the Parties.
15.3. The individual appointed as arbitrator, before accepting the position
of arbitrator, shall set forth the basis for establishing his or her fees for the arbitration.
Such basis shali be according to the reasonable rates for hourly fees charged by such
individuals in the normal exercise of his or her profession, but may not exceed a
reasonable hourly rate charged by attorneys of substantial experience in dispute
resolution in metropolitan Phoenix, Arizona. The costs and fees of the arbitration
proceeding shall be paid in equal shares by the Parties.
15.4. No later than 20 days after the appointment of the arbitrator, each
Party shall present in writing to the arbitrator, with a copy to the other Party, such
Party's statement of the facts and issues in dispute. The arbitration shall take place in
metropolitan Phoenix, Arizona (unless otherwise agreed by the arbitrating parties and
the arbitrator) at a time and place reasonably convenient for the Parties and the
arbitrator. The arbitrator shall hold a hearing after such appointment, which hearing
shall not be more than 60 days after the arbitrator's appointment, and notice of the
hearing shall be given by the arbitrator to each Party at least 30 days prior to the
hearing. The arbitrator may allow limited discovery. The arbitrator may extend the
various deadlines herein by written notice to the Parties. Each Party shall present its
evidence regarding the matters in dispute. The arbitrator shall accept such evidence,
and make such other investigations, as justice requires, all as the arbitrator deems
necessary or appropriate.
15.5. The arbitrator shall decide the issues submitted within 30 days after
adjournment of the hearing. The arbitrator's decision in the arbitration shall be in writing
and shall be signed by the arbitrator. If the Parties settle the dispute during the course
of arbitration, the settlement shall be approved by the arbitrator on the request of either
Party and shall become the award. The Parties consent to the concurrent jurisdiction of
the United States District Court for the District of Arizona and the Superior Courts for the
State of Arizona and the County of Maricopa for the confirmation or entry of judgment
upon any award in arbitration. An award in arbitration or a judgment entered upon an
award in arbitration may be enforced in any court of competent jurisdiction.
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16. | PENDING RESOLUTION. Pending the resolution of any dispute, the Parties
will make payments and otherwise perform (to the extent legally permissible) in a
manner consistent with this Agreement. Amounts paid—or water delivered—during the
pendency of a dispute are subject to refund and adjustment upon final resolution of that
dispute.
17. Notices. The Parties must prepare all notices, claims, requests, and
demands in writing and serve them on the other party in person or by certified, postage-
prepaid United States Mail (return receipt requested)—addressed as follows:
If to Peoria: If to Glendale:
City of Peoria City of Glendale
Water Services Department Water Services Department
9875 N. 85!" Avenue 7070 West Northern Avenue
Peoria, Arizona 85345 Glendale, Arizona 85303
Attn: Water Services Director Attn: Water Services Director
18. | Successors/ASSIGNS. For this Agreement’s covenants, Peoria and
Glendale bind themselves and their partners, successors, assigns, and lega!
representatives to the other. Peoria and Glendale may not assign, sublet, or transfer
their interest in this Agreement without the other's written consent.
19. | MODIFICATION. No supplement, modification, or amendment of this
Agreement's terms are effective unless in writing and signed by Peoria and Glendale.
20. CONFLICT OF INTEREST. The Parties may cancel this Agreement within
three years under Ariz. REV. STAT. § 38-511 (concerning officer/employee conflict-of-
interest).
21. No THIRD-PARTY BENEFICIARIES. Nothing in this Agreement gives any
rights or benefits to anyone but Peoria and Glendale. All duties and responsibilities
undertaken under this Agreement are for the exclusive benefit of Peoria and Glendale—
and no other party. This Agreement does not create a contractual relationship with any
third party or otherwise establish any third-party beneficiaries. No third party may
enforce the terms and conditions of this Agreement.
22. NON-SEVERABILITY. If any provision or application of this Agreement is
invalid, illegal, or unenforceable, then the Agreement’s remainder remains unaffected
and enforceable to the fullest extent permitted by law.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
by their duly authorized officers and agents on the day and year last written below.
City of Peoria, City of Glendale,
an Arizona municipal corporation an Arizona municipal corporation
By: ( ox Caclat By:
Name: Name:
Title: as oh a Title:
ATTEST: ATTEST:
City Clerk * City Clerk
APPROVED AS TO FOR HIN THE POWER AND AUTHORITY GRANTED
UNDER THE LAWS OF TH ATE OF ARIZONA TO THE RESPECTIVE CITIES.
VANESSA HICKMAN, CITY ATTORNEY MICHAEL D. BAILEY, CITY ATTORNEY
City Attorney
Date:
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LCON 01722
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