Agreement

City of Glendale — Regular Meeting (2022-10-11)

Extracted text (via pymupdf) 30735 characters

AGREEMENT FOR PURCHASE OF REAL PROPERTY

This Agreement for Purchase of Real Property (“Agreement”), by and between
the City of Glendale, an Arizona municipal corporation (“Seller”) and Daniel F Pratt Enterprises,
LLC (“Buyer”) (collectively referred to as the “Parties”), is made as of the later date subscribed
beneath Seller’s and Buyer’s signatures set forth herein below (“Effective Date”).

RECITALS

WHEREAS, Seller desires to sell and Buyer desires to purchase the real estate herein
described;

Now, therefore, in consideration of the mutual promises and covenants herein contained,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:

1.
Purchase and Sale. The Buyer shall purchase, and Seller shall sell, upon the terms,
provisions, and conditions herein contained, all of Seller’s right, title, and interest in and to the real
property (“Property”):

A.
As generally depicted and legally described in Exhibit A attached hereto;
and

B.
all buildings, structures, fixtures, and other improvements contained
thereon, if any; and all easements, appurtenances, rights, privileges, reservations,
tenements, and hereditaments belonging to each parcel or any portion thereof Buyer
is acquiring.

2.
Purchase Price. In exchange for the transfer and conveyance of the Property described
herein, Buyer agrees to pay Seller all Sales Expenses associated with this transaction, which are
currently estimated to be $838.28. Should Sales Expenses exceed the amount currently estimated,
Buyer agrees to pay the Sales Expenses of Closing this transaction. “Sales Expenses” are defined
to include the cost already incurred by the City in commissioning a Title Report from the Title
Company identified herein and preparing any legal descriptions, surveys, exhibits, legal or public
notices and the cost of publication of any such notices related to this transaction. Buyer also agrees
to pay any and all Closing Costs related to the consummation of the purchase and sale of the Real
Estate described herein (“Purchase Price”), subject to the terms and conditions contained in this
Agreement.

3.
Payment. The Purchase Price will be paid upon Closing by certified check or wire transfer
of immediately available federal funds to the Title Company. The Title Company and Escrow
Agent is:

Fidelity National Title Insurance Company
ATTN: Jody Ayala
14050 N 83rd Avenue, Suite 190
Peoria, AZ 85381
Jodi.ayala@fnf.com
602-416-4690

4.
Closing.
a.
The consummation of the transaction contemplated herein (“Closing”) shall take
place at the offices of the Title Company, or electronically, at a time and date mutually agreed
upon by the Parties, not later than the date that is ninety (90) days after the Effective Date or as
the same may be extended as provided for herein (“Closing Date”).
b.
Prorations; Escrow Agent.
i. Prorations.
Taxes and Assessments. All real property ad valorem taxes, special taxes, and
assessments, if any, accruing in years prior to the year in which the acquisition
of the Property by Buyer, occurs shall be paid by Seller. All real property ad
valorem taxes, special taxes, and assessments accruing in the year in which the
acquisition of the Property by Buyer occurs shall be prorated among Seller and
Buyer through the Closing Date (as defined above). All real property as
valorem taxes, special taxes, and assessments accruing after the Closing Date
shall be paid by Buyer.
ii. Actions By Escrow Agent
A.
Upon the Closing, Escrow Agent shall promptly undertake
all of the following in the manner indicated:
1.
Prorations. Prorate all matters referenced in this Section 4(b)
above based upon the settlement statement delivered into Escrow
signed by the parties.
2.
Recording. Cause the deed and any other documents that the
parties to this Agreement may mutually direct, to be recorded in the
official records of the County.
3.
Disbursements. Disburse from funds deposited by Buyer
with Escrow Agent or funds brought to or available at Closing,
payment of the Purchase Price and all other items chargeable to the
account of Buyer pursuant to this Agreement in payment of such
obligations.

4.
Title Policy. Direct the Title Company to issue to Buyer an
original Standard Owner’s Policy of Title Insurance or, if requested
by Buyer, an original ALTA Extended Coverage Owner’s Policy of
Title Insurance (“Title Policy”) in the amount requested by Buyer
showing title to the Real Estate vested in Buyer and with such
endorsements as Buyer may request.
c.
Conditions Precedent to Closing. None.

5.
Due Diligence Period.

a.
Buyer, and Buyer’s agents and contractors, at its sole cost and expense, have, prior
to Closing, had the right to enter into and onto the Property at reasonable times and to conduct
inspections, including, but not limited to: examinations and tests of the Property, such as soil,
environmental and other physical tests and inspections, including an underground utility study,
environmental site assessment and survey. Seller has also, upon request, provided to Buyer copies
of all leases, bills and plans for utilities, tax bills, environmental and Geotech reports, surveys and
other documents concerning the Property, if any, in Seller’s possession.

b.
Except as otherwise provided herein, if Buyer proceeds to Close on the Property,
Buyer acknowledges that it has determined the Property is suitable for its intended use. Buyer may
not thereafter seek any reimbursement or file a claim against Seller for any condition it knew of or
could have discovered prior to Closing related to the Property.

6.
Inspections Prior to Closing.

a.
As-Is Sale. Buyer acknowledges and agrees that it is purchasing the Property on an
“as is” basis and “with all faults” basis. Buyer acknowledges that it has been given the opportunity
to make a full and complete investigation and inspection of the Property and that Buyer has had an
opportunity to make full inquiry of Seller as to all matters deemed relevant by Buyer in evaluating
the Property. Buyer acknowledges and agrees that, except as expressly provided in this
Agreement, Seller has made no representations or warranties and has no continuing responsibility
or liability regarding the Property, including, without limitation, its physical condition and its
“Environmental Condition” (as defined below). Buyer is not relying in any way upon any
representations, statements, agreements, warranties, studies, plans, reports, descriptions,
guidelines or other information or material furnished by Seller or its representatives, whether oral
or written, express or implied, of any nature whatsoever, except as expressly provided in this
Agreement. Further, nothing in this Agreement requires Seller to conduct any investigation or
commission any reports or studies to assess the environmental condition of the Property.
b.
For purposes of this Agreement, “Environmental Condition” shall mean any
condition with respect to soil, surface water or groundwater at, from or below the Property or other
conditions present at the Property. Such conditions need not be in violation of Environmental
Laws (as herein defined), require remedial action, and/or cause, result in, give rise to or have the

potential to give rise to any claims, demands, and/or liabilities to third parties, including but not
limited to, governmental entities.
c.
Without limiting the generality of the foregoing, Buyer expressly waives and
relinquishes any and all rights and remedies Buyer may now or in the future have against Seller,
whether known or unknown, with respect to the Environmental Condition of the Property except
as expressly provided in this Agreement.
d.
As used herein, “Environmental Laws” shall include, without limitation, federal, state,
local, and regional statutes, rules, regulations, and the common law relating to the environment,
including, without limitation, the Arizona Environmental Quality Act, contained in Title 49 of the
Arizona Revised Statutes, as amended; the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.
(“CERCLA”); the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
Section 6901, et seq. (“RCRA”); the Hazardous Materials Transportation Act, as amended, 49
U.S.C. Section 1801, et seq. (“HMTA”); the Clean Air Act, as amended, 42 U.S.C. Section 7401,
et seq.; the Emergency Planning and Community Right-To-Know Act of 1986, as amended, 42
U.S.C. Section 11001 et seq. (“EPCRA”); the Federal Insecticide, Fungicide, and Rodenticide
Act, as amended, 7 U.S.C. Section 136, et seq.; the Clean Water Act, as amended, 33 U.S.C.
Section 1251, et seq.; the National Environmental Policy Act, as amended, 42 U.S.C.
Section 4321, et seq.; the Occupational Safety and Health Act, as amended, 29 U.S.C. Section 651
et seq.; the Endangered Species Act, as amended, 16 U.S.C. Section 1531, et seq.; the Rivers and
Harbors Act of 1899, as amended, 33 U.S.C. Section 401 et seq.; the Oil Pollution Act of 1990, as
amended; the Pollution Prevention Act of 1990, as amended; the Safe Drinking Water Act, as
amended, 42 U.S.C. Section 300[f] et seq.; the Toxic Substances Control Act, as amended, 7
U.S.C. Section 136 et seq. (“TSCA”); any regulations promulgated under or pursuant to any of
the foregoing; and all other federal, state, and local laws, ordinances, statutes, codes, rules,
regulations, orders, and decrees now in effect relating to the existence of Hazardous Materials (as
herein defined) located at the Property. As used herein, the term “Hazardous Material(s)”
includes, without limitation, any hazardous waste, solid waste or toxic materials, hazards,
substances, pollutants, or contaminants located at or emanating from the Property, as defined in
the applicable Environmental Laws described herein.
e.
Buyer agrees that, in making any physical or environmental inspections of the
Property, Buyer or Buyer's agents will: (i) carry not less than $1,000,000.00 in commercial general
liability insurance prior to the entering upon the Property to make such inspection; (ii) will not
reveal to any third party not approved by Seller (other than Buyer's agents, employees, contractors,
design professionals, and lenders with a need to know) the results of its inspections; and (iii) will
restore promptly any physical damage caused by the inspections.
f.
Prior to Buyer and Buyer’s agents, representatives, employees, independent
contractors and invitees’ entry on to the Property to perform any Due Diligence activities,
including, but not limited to, any subsurface testing, drilling, or excavation of the Property, Buyer
will obtain Seller’s approval, which will not be unreasonable delayed or withheld.
g.
Buyer shall indemnify, defend, and hold harmless Seller, and Seller’s agents,
employees, officers, elected officials, directors, shareholders, partners, members, affiliates,
successors, assigns, and representatives for, from, and against any and all liabilities, losses, claims,

demands, damages, including reasonable attorneys’ fees, experts fees, consultants fees, courts
costs, and any other expenses to the extent they result from or arise out of or are in any way
connected with:
i.
Buyer’s inspection of the Property;
ii.
Buyer’s accessing the Property to conduct Studies; and
iii.
Buyer’s failure to restore the Property in accordance with this
Section 6.
This indemnification shall survive the Close of Escrow or any early termination of this Agreement;
provided, however, that Buyer’s obligation above to indemnify, defend, and hold harmless shall
not extend to any claims or liabilities arising out of the discovery or disturbance of any pre-existing
conditions on the Property.
7.
Survey and Title Insurance. City has already commissioned and provided Buyer with a
title report (“Report”). If Buyer chooses to obtain title insurance, a commitment (“Title
Commitment”) for owner’s title insurance policy (“Title Policy”) can be issued by the Title
Company in an amount designated by Buyer.
a.
Seller has also provided Buyer a legal description and map of the Property. Buyer may
provide and pay for survey of the Property, as it deems necessary (“Survey”).
b.
Buyer shall have until the expiration of the Due Diligence Period in which to notify Seller
of any title defects (“Defects”) disclosed by the Title Commitment or Survey. Any matter set forth
in the Title Commitment and Survey not set forth in said notice shall be deemed to be a “Permitted
Exception” to the title, and the Deed and Title Policy delivered at Closing may be subject thereto.
If no such notice is given, it shall be deemed that Buyer has agreed to accept the Property subject
to the matters shown in the Title Commitment and Survey, and this Agreement shall remain in full
force and effect. Seller shall have 10 days from receipt of Buyer’s notice (the “Cure Period”) in
which to remedy the Defects or to obtain title insurance by the Title Company insuring over and
against such Defects (the premium for which shall be paid by Seller) and provide evidence
satisfactory to Buyer thereof. If Seller fails to remedy such Defects or obtain such title insurance
within the Cure Period, Buyer shall have the option exercisable within 10 days after the expiration
of Seller’s Cure Period to agree to accept a conveyance of title subject to such Defects, and proceed
with this Agreement (in which event the Title Commitment and the Deed will be accepted subject
to any such Defects as Permitted Exceptions) or, give written notice to Seller to terminate this
Agreement, and thereafter no party hereto shall have any claims, rights, duties, obligations, or
liabilities to another party hereto by virtue of this Agreement, except those which herein are
expressly stated to survive any termination of this Agreement, and the Earnest Money and
Extension Deposits shall be returned to Buyer. If Buyer makes no election it shall be deemed that
Buyer has agreed to accept title “as is” subject to the Defects, and this Agreement shall remain in
full force and effect.
c.
To the extent any defects, exceptions or encumbrances arise and appear on the Title
Commitment subsequent to the expiration of the Due Diligence Period but prior to the Closing
Date (“Subsequent Defects”), Seller shall determine whether Seller is able to cure and/or insure
over the same. To the extent Seller elects not to or is unable to cure the Subsequent Defects, Buyer,
at its sole option, may proceed with this Agreement (in which event the Title Commitment and the
Deed will be accepted subject to any such Subsequent Defects) or, give written notice to Seller to

terminate this Agreement, and thereafter no party hereto shall have any claims, rights, duties,
obligations, or liabilities to another party hereto by virtue of this Agreement, except those which
herein are expressly stated to survive any termination of this Agreement.
8.
Deliveries at Closing. At Closing, Sellers shall each deliver to Buyer the following:
a. A duly authorized and executed special warranty deed attached here to, from each
respective Seller in recordable form, conveying good and marketable title to the
Property (“Deed”), subject only to current real estate taxes not yet due and payable,
and the Permitted Exceptions;

b. Bill of sale, if necessary;

c. Vendor’s affidavit acceptable to Buyer and Title Company, stating that all of the
representations and warranties set forth in Section 13 below are true and correct as of
the date of closing, and sufficient to delete all standard exceptions from the Title Policy
and Title Commitment;

d. Non-foreign affidavit, properly executed, containing such information as shall be
required by Internal Revenue Code § 1445(b)(2) and the regulations promulgated
thereunder stating that Seller is not a “Foreign Person” (as defined in Section 1445);

e. All other documentation which may be reasonably required by the Title Company in
order to insure Buyer with good and marketable title to the Property; and

f. All other documents necessary to complete the transaction contemplated by this
Agreement.

9.
Possession. Sellers agrees to deliver exclusive possession of the Property to Buyer at
Closing.

10.
Representations and Warranties of Seller. As a material inducement to Buyer for
entering into this Agreement, Seller hereby represents and warrants to Buyer as follows:
a. Seller owns and will continue to own good, marketable and indefeasible fee simple title
to the Property on the date of Closing, subject only to the lien of current, non-delinquent
real estate taxes, easements, and other matters of record;
b. Seller is duly organized, validly existing and has authority to sell the Property;
c. To the best knowledge and information of Seller, there are no violations of any laws,
regulations, codes, ordinances, orders or requirements affecting the Property,
including, but not limited to applicable laws, regulations, ordinances or requirements
relating to ecology, the environment, pollution, health or safety;
d. There is no litigation or proceeding pending or, to the best knowledge of Seller,
threatened against or relating to the Property, including, without limitation, any
proceedings for condemnation or other exercise of the power of eminent domain;

e. To the best knowledge and information of Seller, there are no liens or claims which
may ripen into liens against the Property other than those to be released at or before
closing; and
f. To the best knowledge and information of Seller, there are no unbilled special
assessments against the Property.
11.
Representations and Warranties of Buyer.
Buyer represents and warrants to Seller that Buyer has the full right, power, and authority
to enter into this Agreement and to perform its obligations hereunder.

12.
Casualty or Condemnation. If on or before the Closing Date all or any part of the Property
is destroyed or damaged by fire or any other cause, or if eminent domain proceedings are instituted,
or a notice of condemnation is given, with respect to all or a portion of the Property, Seller shall
promptly notify Buyer thereof. If such damage or destruction is repaired at the sole cost and expense
of Seller prior to Closing to substantially the same condition existing prior to such damage or
destruction, or if such damage or destruction does not exceed $25,000 (as determined by Seller’s
insurer), or if the value of any land taken or to be taken does not exceed $25,000, Buyer shall be
bound to purchase the Property without any reduction in the Purchase Price but receiving an
assignment of all insurance or eminent domain proceeds on account thereof. In the event of (i)
damage to or destruction of all or any part of the Property of more than $25,000 and Seller fails to
repair such damage or destruction as provided herein, or (ii) the institution or giving of notice of
eminent domain proceedings with respect to all or any part of the Property the value of which is more
than $25,000 Buyer shall have the right to terminate this Agreement by giving written notice to Seller
on or before the Closing Date and in the event Buyer exercises such right to terminate this Agreement,
the Earnest Money shall be returned to Buyer, whereupon no party hereto shall have any further rights,
obligations or liabilities hereunder except those which survive termination. In the event of any un-
repaired damage or eminent domain proceedings which would permit termination hereunder and
neither party elects to terminate, or if Buyer is required to proceed hereunder, the Deed shall be subject
to any such eminent domain proceeding, such taking shall be deemed a Permitted Exception, and
Seller shall deliver to Buyer on the Closing Date an assignment in a form reasonably satisfactory to
Buyer of all of Seller’s right, title and interest in and to any eminent domain award or insurance claim
to the extent not previously applied to restoration or repair of the Property, but the Purchase Price
shall not be affected by any such condemnation, damage or destruction.

13.
Default. Remedies for Default. The Parties acknowledge that it is impossible to ascertain
damages in the event of default by either Seller of Buyer hereunder. Accordingly, the Parties agree
that if either party defaults in performing under this Agreement and the transaction is not closed,
there shall be no penalty or damages due to the non-defaulting party.

14.
Notices. All notices, requests, demands, consents, and other communications required or
permitted under this Agreement (“Notice”) shall be in writing and shall be deemed to have been
duly and properly given on the date of service if delivered personally, or, if mailed, on the day
such Notice is deposited in a receptacle of the United States Postal Service, registered or certified
mail, first class postage prepaid, return receipt requested, addressed appropriately to the last known

address of Seller or Buyer. All Notices required or permitted hereunder, shall be in writing and
delivered to the Parties at the following addresses:
To Seller:

City of Glendale
5850 West Glendale Avenue
Glendale, Arizona 85301
Attention: Kevin Phelps, City Manager
kphelps@glendaleaz.com

with a copy to:
City of Glendale
5850 W. Glendale Avenue,
Glendale, Arizona 85301
Attention: Michael Bailey
mbailey@glendaleaz.com

and

City of Glendale

5850 West Glendale Avenue

Glendale, Arizona 85301

Attention: Jessi Pederson, Economic Development

jpederson@glendaleaz.com

If to Buyer:

Daniel F Pratt Enterprises LLC

5237 West Glendale Avenue

Glendale, Arizona 85301

Attention: Daniel Pratt

dpratt@prattspets.com

15.
Broker Commissions. Seller and Buyer covenant and represent each to the other, there is no
party entitled to be paid a finder’s fee, cooperation fee, commission or other brokerage-type fee or
similar compensation in connection with this Agreement and the transactions contemplated hereby
(whether sale or loan), and that neither Seller nor Buyer has had any dealings or agreements with any
such individual or entity in connection therewith. If any person or entity shall assert a claim to such
a fee or compensation against either Seller or Buyer on account of alleged employment as a finder,
consultant or broker, then the party to this Agreement by, through or under whom the person or entity
claims such employment shall indemnify, defend and hold harmless the other party against and from
any and all such claims and all costs, expenses and liabilities incurred in connection with such claim
or any action or proceedings brought thereon. The terms and conditions contained in this Section 15
shall survive the Closing or the earlier termination hereof.

16.
Survival. Except as expressly set forth in this Agreement, no representations, warranties,
covenants, agreements, undertakings, and other obligations of Seller set forth herein shall survive
the closing of the transactions contemplated hereby or the execution and delivery of the documents

contemplated hereunder, and such shall be merged therein, and no action based thereon shall be
commenced after the Closing of this transaction. The delivery of the Deed by Seller, and the
acceptance thereof by Buyer, shall be deemed the full performance and discharge of every
obligation on the part of Seller to be performed hereunder, except those obligations of Seller which
are expressly stated in this Agreement to survive the Closing of this transaction.

17.
Time of the Essence. Time is of the essence in the performance of this Agreement. Provided,
however, that if the time within which any action, consent, approval or other activity herein
contemplated, expires on a Saturday, Sunday, national bank holiday, or national holiday, such time
period shall automatically be deemed extended to the first day after the scheduled termination of such
time period which is not a Saturday, Sunday, national bank holiday, or national holiday.

18.
Governing Law. This Agreement shall be governed by and enforced in accordance with the
laws of the state of Arizona. Any provision of this Agreement which is unenforceable or invalid or
the inclusion of which would affect the validity, legality or enforcement of this Agreement shall be
of no effect, but all the remaining provisions of this Agreement shall remain in full force and effect.

19.
Entire Agreement. This instrument, including all exhibits, contains the entire agreement
between the Parties and no representations, warranties, or agreements have been made by either of
the Parties except as set forth in this Agreement. No modification, waiver, or amendment of the
provisions of this Agreement shall be effective unless made in writing and executed by the Parties
hereto.

20.
Assignment. This Agreement shall inure to the benefit of and shall be binding upon the
Parties hereto and their respective heirs, representatives, successors, and permitted assigns;
provided, however, that neither Seller nor Buyer may assign its rights or obligations hereunder
without the prior written consent of the other party, which shall not be unreasonably withheld.
Notwithstanding the foregoing, Buyer shall be permitted, without the need for Seller consent, to
assign this Agreement to an entity owned in whole or in part by Buyer or Buyer’s members but
not to any unrelated third party.

21.
Construction. Each party hereby acknowledges that the Parties participated equally in
drafting this Agreement and that, accordingly, no court construing this Agreement shall construe
it more stringently against one party than the other.

22.
Binding. The issuance of this Agreement by Buyer does not constitute an offer for the
purchase of the Property by Buyer to Seller. This Agreement shall not be binding of effective until
properly executed and delivered by both Seller and Buyer.

23.
Waiver.
Failure of either Buyer or Seller to exercise any right given hereunder or to insist upon strict
compliance with regard to any term, condition or covenant specified herein, shall not constitute a
waiver of Buyer’s or Seller’s right to exercise such right or to demand strict compliance with any
term, condition or covenant under this Agreement.

24.
Counterparts. This Agreement may be executed in one or more counterparts each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.

25.
Recording. This Agreement may not be recorded by Seller or by Buyer but shall be made
available to the public as provided by the Arizona Public Records Act.

26.
Confidentiality. The Parties will use commercially reasonable efforts not to disclose or
permit the disclosure of the existence of the terms of this Agreement, or the transaction
contemplated herein, to any other person, without the other party’s consent; provided, however,
each party may disclose this Agreement and transaction contemplated herein to its attorneys,
financing partners, consultants or other agents, or as required by law or by any governmental
agency.

27.
Definitions.

“Day” shall mean a calendar day unless otherwise specified herein.
28.
Required Actions of Buyer and Seller. Buyer and Seller agree to execute such
instruments and documents and to diligently undertake such actions as may be required to
consummate the purchase and sale contemplated in this Agreement and will use good faith efforts
to accomplish the Close of Escrow in accordance with the provisions hereof.
In witness whereof, the Parties have caused this Agreement to be executed as of the dates written
below.

(Signatures on following page)

SELLER
ATTEST:
Julie K. Bower, City Clerk
APPROVED AS TO FORM :
Michael D. Bailey,
City Attorney
BUYER
Daniel F Pratt Enterprises LLC
By :
Print:
Its:
(Seal)
Date:
Pon
Prats
Daniel
Pratt
Member
Managing
9/29/2022
11
CITY OF GLENDALE
Kevin R. Phelps
City Manager
Date :

ATTACHMENT 1

When recorded, mail to:

City Clerk, City of Glendale
5850 West Glendale Avenue
Glendale, Arizona 85301

SPECIAL WARRANTY DEED

______________________________________________________________________________

For Ten Dollars and other valuable consideration, I or We, CITY OF GLENDALE, an Arizona
municipal corporation (“Grantor”), do hereby convey to DANIEL F. PRATT ENTERPRISES
LLC, an Arizona limited liability company (“Grantee”), all right, title and interest to and in that
certain parcel of Real Property situated in Maricopa County and described as follows:

See Attached Description, “Exhibit A”

It is the intention of the parties to cause the real property on said Exhibit “A” to be dedicated as
public right of way for roadway purposes, and to vest title in fee simple in the City of Glendale
in Trust, for all the uses contemplated in public street dedication.

Subject to current taxes and other assessments, reservations in patents and all easements, rights of
way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may
appear of record, the Grantor warrants the title against actions of Grantor only, subject to the
matters above set forth.

(Signatures on following page)

Dated this _____day of _______________, 2022.

_____________________________________

Kevin R. Phelps

City Manager
ATTEST:

_____________________________
Julie K. Bower, City Clerk (Seal)

APPROVED AS TO FORM:

______________________________
Michael D. Bailey, City Attorney

Exempt Pursuant to A.R.S.§11-1134 (A)(3)

STATE OF ARIZONA
)
) ss.
County of Maricopa
)

This instrument was acknowledged before me this_____ day of __________, 2022 by
Kevin R. Phelps, City Manager for the City of Glendale, who acknowledged that he executed this
instrument for the purposes therein contained.

______________________________________

Notary Public
My commission expires:

5241 W Glendale Ave
Ord ___________

EXHIBIT A