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DocuSign Envelope ID: 3FB228C6-3A08-405F-8626-0970F0600F62 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE TOWN OF GILBERT FOR RIGHT OF WAY ASSISTANCE FOR: OCOTILLO ROAD FROM 148TH STREET TO GREENFIELD ROAD TR221 (C-64-21- __ -X-00) This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political subdivision of the State of Arizona (County) and the Town of Gilbert, an Arizona municipal corporation (Town). The County and Town are collectively referred to as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. A.R.S. § 12-1111 (6) authorizes the County to exercise the right of eminent domain to obtain property for roads and streets. 2. A.R.S. § 12-1111(6) authorizes the Town to exercise the right of eminent domain to obtain property for roads and streets; however, A.R.S. § 9-276(A)(20) limits such power to streets and highways within its corporate limits. 3. A.R.S. § 11-951 el seq. authorizes public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 4. The Town has proposed to improve Ocotillo Road (Project) from Val Vista Road to Greenfield Road (Project Area) to Town standards. Ocotillo Road from 148th to Greenfield Road (ST0990), is currently operated and maintained as a major arterial roadway by the Town. Portions of the Project Area are currently located within unincorporated Maricopa County. Upon completion of the improvements, the Project Area is to be annexed by the Town. 5. The Town plans to design the Project in Fiscal Year 2021 and construct the Project in Fiscal Year 2023. 6. The Town may require assistance from the County's Real Estate Department (MCRED) in acquiring right-of-way and/or temporary construction easements from owners within unincorporated Maricopa County for the completion of the Project. 7. Each Party has determined that acquisition of property to allow for the completion of the Project will serve the public good. PURPOSE OF THE AGREEMENT 8. The purpose of this Agreement is to identify and define the responsibilities of each Party for right-of-way acquisitions related to the Project