IGA with City of Phoenix

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GLENDALE CONTRACT NO. ____________ 
 
PHOENIX CONTRACT NO. _____________ 
 
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PHOENIX  
AND THE CITY OF GLENDALE FOR THUNDERBIRD PARK WATER CONNECTION  
 
This Intergovernmental Agreement (“Agreement”) is entered into as of   
_________________, 2026 (“Effective Date”), by and between the City of Phoenix 
(“Phoenix”), an Arizona municipal corporation, and the City of Glendale (“Glendale”), 
an Arizona municipal corporation. Phoenix 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.  
 
B. 
Phoenix and Glendale have entered into intergovernmental agreements 
for the treatment and transport of domestic water as between them and have 
constructed connections between the respective water distribution systems in 
furtherance of those intergovernmental agreements. 
 
C. 
Glendale desires that Phoenix provide water and sewer connections for 
Glendale’s Thunderbird Conservation Park (the “Park”) outside of Phoenix’s service 
area but within Glendale’s service area, and Phoenix is amenable to providing such 
connections pursuant to the terms of this Agreement.  
 
D. 
On ________________, 2026, the Phoenix City Council approved 
Ordinance S-xxxxx as required by ARIZ. REV. STAT. § 11-952(F), which authorizes 
Phoenix’s City Manager to enter into this Agreement. On _____________, 2026, 
Glendale similarly acted to authorize execution of this Agreement by enacting 
[Ordinance/Resolution Type/Number]. 
 
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. 
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.

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2.1. 
Early Termination. Either Party may terminate this Agreement 
without cause upon providing two (2) years prior written notice of such termination to the 
other Party. This Agreement will terminate two (2) years from the date of the delivery of 
such notice to the other Party. Unless otherwise terminated for cause as provided in this 
Agreement (including but not limited to Sections 3.5 and 8), this Agreement will remain 
in effect for the period of years set forth in Section 2. 
 
3. 
PARK WATER AND SEWER CONNECTIONS 
 
3.1. 
Restroom Water and Sewer. Phoenix will provide two water 
connections for one 1.5-inch and one 2-inch meter at the Points of Delivery (outlet side 
of the meters) at the Park (the “Park Connections”). In addition, Phoenix will provide 
one 6-inch sewer tap at the Point of Discharge at the Park (the “Park Discharge”).  The 
Park Connections and Park Discharge are depicted in Exhibit A. Glendale 
acknowledges and agrees that water from the Park Connections must be used only for 
landscape and domestic purposes (restroom, snack bar, janitorial) and not for fire 
protection.  Glendale shall apply for (including payment of permit fees) and obtain 
permits from the Phoenix Water Services Department, and Phoenix will supply and 
install the meters and sewer tap, with Glendale completing the connection at the Points 
of Delivery and Point of Discharge.  Glendale agrees that no additional connections are 
contemplated under this Agreement, and this Agreement sets forth the entire 
understanding of the Parties with respect to the Park Connections and Park Discharge.  
Phoenix’s obligations under this Agreement terminate at the Points of Delivery and at 
the Point of Discharge.   
 
3.2. 
Legal Compliance.  Glendale must follow all applicable state and 
federal laws and regulations applicable to water and sewer at the Park after the Points 
of Delivery and before the Point of Discharge, all at Glendale’s own cost and expense. 
Without limiting the foregoing, Glendale specifically acknowledges and agrees that it 
shall be responsible for any regulatory compliance required under the Arizona 
Groundwater Code and Management Plans adopted pursuant thereto with respect to 
water and sewer use at the Park. 
 
3.3. 
Phoenix Water and Sewer - Outside City Payment Method. 
Glendale agrees to pay Phoenix for water metered at the Park Connections at the rate 
equivalent to the prevailing water rate charged customers outside the City of Phoenix as 
stated in Section 37-64 of the Phoenix City Code (as amended from time to time), along 
with the water environmental rate for commercial users as stated in Section 37-133(a) 
of the Phoenix City Code (as amended from time to time).  Glendale further agrees to 
pay Phoenix for the wastewater connection at the Park Discharge at the rate equivalent 
to the prevailing sewer rate charged public users outside the City of Phoenix as stated 
in Section 28-39 of the Phoenix City Code (as amended from time to time), along with 
the wastewater environmental rate for public users as stated in Section 28-92 of the 
Phoenix City Code (as amended from time to time).  Glendale shall also make payment 
of an in-lieu fee for the Park Connections and Park Discharge equivalent to the

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applicable impact fees under Phoenix City Code Chapter 29.  The in-lieu payments shall 
be due and collected prior to issuance of the permits and installation of the meters. 
 
3.4. 
Attribution of Sewer Flow.  Acceptance by Phoenix of sewer 
flows from the Park pursuant to this Agreement will not result in Glendale acquiring any 
right of claim to capacity ownership in Phoenix’s sewer system, nor will that volume of 
sewer flow be attributed to Glendale for any purpose in connection with the rights and 
obligations of the Parties under the Multi-City SROG Agreement No. 22699, as 
amended.  Upon acceptance by Phoenix at the Point of Discharge, the entire volume of 
sewer flow commingles with and becomes a part of Phoenix’s sewer system flow for all 
purposes.  Notwithstanding the preceding, Glendale agrees and acknowledges that the 
sewer connection and Point of Discharge is made available subject to Glendale’s 
consent to and compliance with the requirements of Phoenix City Code Chapter 28, 
Articles II and X, including but not limited to Section 28-8 (as amended from time to 
time). 
 
3.5. 
Total Flow Limitation.  Notwithstanding any other provision of this 
Agreement, Glendale agrees and acknowledges that total metered flow at the Park 
Connections must not exceed twelve (12) acre-feet on a rolling twelve (12) month basis 
(the “Rolling Limit”).  In the event Glendale exceeds the Rolling Limit, Phoenix may, 
after providing ten (10) days advance written notice to Glendale, temporarily suspend 
deliveries under this Agreement until such time as the rolling balance falls below the 
Rolling Limit of twelve (12) acre feet, plus one additional billing month.  In the event 
Glendale exceeds the Rolling Limit more than once in any two-year period, Phoenix 
may terminate this agreement in its entirety, subject to providing Glendale thirty (30) 
days written notice of such termination.  All water quantities delivered in any billing cycle 
during which the Rolling Limit is exceeded shall be subject to an additional fifty percent 
(50%) surcharge. 
 
4. 
Monthly Invoice.  Phoenix will invoice Glendale for water each month. 
Glendale must pay its monthly bill within 30 calendar days of the invoice’s date of print.  
 
4.1. 
Late Payment. If Glendale does not timely pay its monthly bill, 
Phoenix will charge Glendale interest—as calculated from the prime rate plus 2 percent 
per annum—prorated and compounded daily until Glendale makes payment to Phoenix 
of the owed principal (plus interest) in full. 
 
4.2. 
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. Phoenix will review the protest within 30 days of receipt, and if Phoenix 
finds the protest valid, then Phoenix will refund to Glendale the overpayment, plus 
interest—as calculated from the prime rate plus 2 percent per annum—prorated and 
compounded daily until Phoenix makes payment to Glendale of the refunded 
overpayment (plus interest) in full. In the event Phoenix does not agree with Glendale's 
dispute, the Parties will resolve the matter through the Dispute Resolution provisions in

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Section 11. 
 
5. 
 Suspension. 
 
5.1. 
Delinquent Bill. Phoenix may suspend all flow at the Park 
Connections under this Agreement if Glendale fails to pay any delinquent bill within 30 
days of receiving written notice of the delinquency. Phoenix will suspend flows to 
Glendale so long as the delinquent bill (plus interest) remains unpaid. Phoenix reserves 
the right to pursue all legal and equitable remedies available by law to collect on 
delinquent amounts. 
 
5.2. 
Bad Meter. If the metering fails or stops recording, the Parties—for 
billing purposes— will estimate water use based on the applicable period during the 
prior year of deliveries (or such time period as is available).  
 
5.3. 
Other Causes. Phoenix may also suspend flow under this 
Agreement: (1) immediately in the event of any emergency applicable to Phoenix; (2) 
with 30 days’ notice in the event of drought or other water shortage, as determined by 
Phoenix in its sole and absolute discretion; (3) with 45 days’ notice for purposes of 
routine maintenance and repair; or (4) with 60 days’ notice for any other non-emergency 
purposes if Phoenix, in its sole and absolute discretion, determines that the water 
demands of Phoenix’s customers require suspension of delivery to Glendale. Phoenix 
will make reasonable efforts to restore flow at the Park Connections under this 
Agreement (except in the event of drought or other water shortage) given the then 
existing circumstances and conditions and its obligations to City of Phoenix customers.  
Notwithstanding all of the preceding, Glendale agrees and acknowledges that Phoenix 
does not warrant or guarantee that flows at the Park Connections will be free from 
diminution, fluctuation or interruption.  
 
6. 
Phoenix Priorities. 
 
6.1. 
No Responsibility. Phoenix’s obligations to Glendale under this 
Agreement are subordinate to Phoenix’s paramount duty to serve its own customers.  
 
6.2. 
No Liability. The Park Connections and Park Discharge are being 
provided by Phoenix to Glendale under this Agreement without special rights or 
remedies. Phoenix is not liable to Glendale for any claim, demand, loss, or damage of 
any nature or character whatsoever due to—or arising out of—any failure, diminution, 
fluctuation or interruption of flows under this Agreement. 
 
7. 
Water Quantity and Quality Disclaimer. In connection with any water 
provided to Glendale under this Agreement, Phoenix makes no representations, 
warranties, or guarantees to Glendale regarding: (1) the flow rates of the water; (2) the 
pressure of water at the Park Connections; or (3) the quality of water, except that the 
water will meet applicable state and federal drinking water standards at the Points of 
Delivery (including without limitation any standards set under the 1974 Safe Drinking

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Water Act as amended) and it has the same general quality of water that Phoenix 
delivers to its own retail customers. 
 
8. 
Agreement Termination. If Phoenix has suspended flow under this 
Agreement for at least 30 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 30 
consecutive days after receiving notice of that breach from Phoenix—then Phoenix may 
(in addition to its other remedies under this Agreement, by law, or in equity) terminate 
this Agreement upon 10 days’ written notice to Glendale.  
 
9. 
Valve-Off or Sever. Upon expiration or termination of this Agreement, 
Glendale, at its own cost and expense, will valve-off or sever the connections to 
Phoenix’s water and wastewater systems in a good and workmanlike manner 
immediately, unless the Parties agree otherwise in writing. 
 
10. 
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. 
 
11. 
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 
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: 
 
11.1 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. 
 
11.2 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. 
 
11.3 The individual appointed as arbitrator, before accepting the position of

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arbitrator, shall set forth the basis for establishing his or her fees for the arbitration. 
Such basis shall 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. 
 
11.4 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. 
 
11.5 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 for 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. 
 
12. 
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.

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13. 
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 Phoenix:  
If to Glendale: 
 
City of Phoenix 
City of Glendale 
Water Services Department 
Water Services Department  
200 West Washington Street, 9th Floor 7070 West Northern Avenue 
Phoenix, Arizona 85003 
Glendale, Arizona 85303 
Attn: Water Services Director  
Attn: Water Services Director 
 
 
14. 
Successors/Assigns. For this Agreement’s covenants, Phoenix and 
Glendale bind themselves and their partners, successors, assigns, and legal 
representatives to the other. Phoenix and Glendale may not assign, sublet, or transfer 
their interest in this Agreement without the other’s written consent.  
 
15. 
Modification. No supplement, modification, or amendment of this 
Agreement’s terms are effective unless in writing and signed by Phoenix and Glendale. 
 
16. 
Conflict of Interest. The Parties may cancel this Agreement within three 
years under ARIZ. REV. STAT. § 38-511 (concerning officer/employee conflict-of-interest). 
 
17. 
No Third-Party Beneficiaries. Nothing in this Agreement gives any rights 
or benefits to anyone but Phoenix and Glendale. All duties and responsibilities 
undertaken under this Agreement are for the exclusive benefit of Phoenix 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. 
 
18. 
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 Phoenix, 
City of Glendale, 
an Arizona municipal corporation 
an Arizona municipal corporation 
 
 
By:  
 
  
By:  
 
  
 
 
 
 
 
 
Name:  
 
Name:  
 
 
 
Title:  
 
Title:  
 
 
ATTEST: 
ATTEST: 
 
 
 
 
 
 
 
City Clerk 
City Clerk 
 
 
APPROVED AS TO FORM AND WITHIN THE POWER AND AUTHORITY GRANTED 
UNDER THE LAWS OF THE STATE OF ARIZONA TO THE RESPECTIVE CITIES. 
 
 
 
 
 
 
 
 
 
 
 
 
 
Assistant Chief Counsel 
 
City Attorney 
 
 
Date:  
 
Date:  ___________________________ 
 
 
 
SLW:2201981

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11
RESTROOM
12
MECH / JAN
13
RESTROOM
X14
ENTRY PLAZA
0'
60'
120'
1" = 60'
Thunderbird Conservation Park
55th and Pinnacle Peak Trailhead
City of Phoenix
Utility Coordination
03/06/2025
Pinnacle Peak Road
55th Avenue
59th Avenue
Electra Lane
53rd Avenue
Tie Into Existing 12" DIP
Waterline in Pinnacle Peak &
Install Two Water Meters
within Thunderbird Park For
RR Bldg. and Irrigation
New Water Meter
 
2" Line To RR Bldg.
WM
New Water Meter 
1.5" Irrigation Service Line
Proposed Utility Tie-In's 
(Water & Sanitary Sewer)
Proposed
RR Bldg.
Expanded
Parking Lot
2" Service Line  
 
2,029 Linear Ft. 
From WM To RR
Bldg.
WM
6" Service Line  
 
676 Linear Ft. 
From New Sewer
Connection To RR
Bldg.
Install New Sewer Building
Connection in Existing 24"
Sewer line in Pinnacle Peak
Road and Extend 6" Service
Line to New RR. Bldg.
Point of 
Discharge
Points of 
Delivery