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IMPROVEMENT REIMBURSEMENT AGREEMENT
FOR
GLENDALE A VENUE IMPROVEMENTS
This Improvement Reimbursement Agreement ("Agreement") is executed to be effective the
___ day of ______ ., 2022 between the City of Glendale, an Arizona municipal
corporation (the "City") and 119 Mesa, LLC, an Arizona limited liability company ("119").
RECITALS
A. 119 is the owner of a building at 5743-5753 W. Glendale Avenue, Glendale, Arizona
85301 ("Building") and desires to provide improvements to Building.
B. City desires to make improvements to City right of way adjacent to the Building.
C. 119 and City believe that it will be more cost efficient, expeditious and minimize the
disruption to pedestrian and auto traffic, if 119 improves the City right of way in
conjunction with the improvements to the Building; including the demolition, grading and
repaving of the sidewalk adjacent to the Building ("Right of Way Improvements" as
attached hereto as Exhibit A).
D. City desires to accept the Right of Way Improvements and reimburse 119 for the actual
costs of Improvements.
AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this
reference, the mutual promises and covenants contained in this Agreement, and other good and
valuable consideration, the City and 119 agree as follows:
l.
119 Improvements. 119 will perform all Right of Way Improvements. The Right of
Way Improvements will be designed, bid and constructed and will be dedicated in
accordance with applicable laws, including without limitation all laws, rules, ordinances
and standards of the City, as well as state and federal laws.
2.
City Reimbursement to 119. City shall pay 119, without any interest, the amount of one
hundred thousand dollars ($100,000). City shall pay 119 no later than 14 calendar days
after City's acceptance of Right of Way Improvements.
3.
Notices.
3.1
All notice, request or other communication that is required or permitted under this
Agreement (each a "Notice") will be effective only if:
(A)
The Notice is in writing;
(B)
Delivered in person or by private express overnight delivery service
(delivery charges prepaid), certified or registered mail (return receipt requested);