_2026-0630_-_West-MEC-COB_Agreement_w-Exhs_1_and_2.pdf

City of Buckeye — Regular Council Meeting (2026-07-07)

Extracted text (via pymupdf) 40505 characters

AGREEMENT BETWEEN
WESTERN MARICOPA EDUCATION CENTER DISTRICT NO. 402
AND
CITY OF BUCKEYE
REGARDING
CANCELLATION AND TERMINATION OF MUTUAL ACCESS AND PARKING
EASEMENT AGREEMENT DATED JUNE 8, 2021,
AND
MUTUAL ACCESS AND PARKING EASEMENT AGREEMENT
This Agreement Regarding Cancellation and Termination of Mutual Access and Parking
Easement Agreement Dated June 8, 2021, and Mutual Access and Parking Easement Agreement
(“Agreement”) is made as of the

day of July, 2026 (“Effective Date”), by and
between Western Maricopa Education Center District No. 402, a political subdivision of the
State of Arizona (“West-MEC”) and the City of Buckeye, Arizona, an Arizona municipal
corporation (“City”) collectively, the "Parties".
WITNESSETH:
WHEREAS, West-MEC and Buckeye Union High School District No. 201 (“Buckeye
Union”) are parties to that certain Mutual Access and Parking Easement agreement dated June
8, 2021 (the “Parking Easement Agreement”), for non-exclusive cross-access easements and
mutual common parking easements, and a first right of refusal granted to West-MEC, as more
particularly set forth and described and depicted in said Parking Easement Agreement; and
WHEREAS, Buckeye Union and the City of Buckeye, Arizona, have negotiated an
intergovernmental agreement for land-exchange dated July
, 2026 (“Land Exchange
IGA”); and
WHEREAS, the Land Exchange IGA contemplates the City acquiring approximately
60+ acres of real property consisting of a portion of Maricopa County Assessor Parcel Number
504-20-004J described in that certain Quit Claim Deed dated January 7, 1969, recorded at Book
7431, Page 935, official records of Maricopa County (“Subject Property”); and
WHEREAS, the Parking Easement Agreement currently encumbers approximately
2.63 acres situated in the southeasterly part of the Subject Property, namely an access drive and
a parking lot; and
WHEREAS, pursuant to the Parking Easement Agreement, West-MEC has an
exclusive first right of refusal to purchase and lease Parcel 2B as described in Recital F and
Exhibit E of said agreement (the “First Right of Refusal”); and
WHEREAS, West-MEC and the City desire to enter into an agreement for non-
exclusive cross-access easements and mutual common parking easements that will, inter alia,
encumber Parcel 2B and become effective only after the City acquires the Subject Property (the
“City-West-MEC Access and Parking Easement Agreement”); and
Page 1

Page 2
WHEREAS, as a condition of entering into the City-West-MEC Access and Parking
Easement Agreement, West-MEC has consented to the termination of the Parking Easement
Agreement including relinquishing the First Right of Refusal; and
WHEREAS, the City-West-MEC Access and Parking Easement will become effective
contemporaneously with the cancellation and termination of the Parking Easement Agreement,
as set forth in the forms and formats substantially similar to Exhibits “1” and “2” attached
hereto; and
WHEREAS, the Parties hereto, subject to the terms hereof and the terms hereof have
agreed that it is in the best interests of the Parties to enter into a new mutual access and parking
easement agreement, in the form of the City-West-MEC Access and Parking Easement
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained
and other good and valuable considerations, paid by each party hereto to the other, the receipt
and sufficiency of which are hereby mutually acknowledged, the Parties hereto hereby agree
as follows:
1.
Recitals. The foregoing recitals are hereby incorporated into this Agreement as
those fully rewritten herein at length.
2.
Cancellation and Termination of Parking Easement Agreement; Mutual Access
and Parking Agreement Between West-MEC and the City. On or before the City’s acquisition
of the Subject Property pursuant to the Land Exchange IGA, West-MEC shall execute the
Cancellation and Termination of Mutual Access and Parking Easement Agreement dated June
8, 2021 (“Cancellation and Termination Agreement”), substantially similar to the form and
format attached hereto as Exhibit “1”, and (b) City and West-MEC shall execute the Mutual
Access and Parking Easement Agreement substantially similar to the form and format attached
hereto as Exhibit “2”. The Land Exchange IGA is anticipated to close escrow on or about
November 3, 2028, at which time the City will receive fee title to the Subject Property. As a
condition of close of escrow as set forth in Land Exchange IGA, Buckeye Union has agreed to
countersign the Cancellation and Termination Agreement terminating its rights in the Parking
Easement Agreement. The Cancellation and Termination Agreement between BUHSD and
West-MEC, and the Mutual Access and Parking Easement Agreement between the City and
West-MEC are contingent upon Buckeye Union’s grant and conveyance of the Subject Property
to the City.
3.
Forbearance. So long as the Land Exchange IGA is not terminated, West-MEC
will forbear from claiming the right to exercise or exercising the First Right of Refusal.
4.
Exhibits.
The Exhibits referenced herein and attached hereto are
incorporated herein by this reference.
5.
Cancellation for Conflict of Interest. This Agreement is subject to the provisions
of Ariz. Rev. Stat. § 38-511.
6.
Time of Essence.
Time is of the essence of this Agreement.

Page 3
7.
Governing Law.
This Agreement shall be governed by the laws of the State
of Arizona.
8.
Notice. All notices, demands, or other communications must be in writing and are
deemed to be duly delivered upon personal delivery, or as of the third business day after mailing
by United States mail, postage prepaid, registered or certified, return receipt requested, addressed
as follows:
CITY:
Doug Sandstrom, City Manager
City of Buckeye
530 E Monroe Ave
Buckeye AZ 85326
With a copy to:
Tosca Henry, City Attorney
City of Buckeye
530 E Monroe Ave
Buckeye AZ 85326
West-MEC:
Scott Spurgeon, Superintendent
Western Maricopa Education Center District No. 402
5487 N 99th Ave
Glendale AZ 85305
With a copy to:
Curtis M. Chipman, Esq.
Udall | Shumway
1138 N Alma School Rd, Suite 101
Mesa AZ 85201
9.
Miscellaneous.
This Agreement contains the entire understanding of the
parties with respect to its subject matter hereof and supersedes all prior written agreements of
the parties with respect to the subject matter hereof. This Agreement may only be amended by
a writing signed by both of the parties hereto. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, executors, administrators,
legal representatives, successors and assigns. This Agreement may be executed in one or more
counterparts, which together shall constitute the Agreement. Facsimile or scanned signature
pages of this Agreement shall be valid and binding as original signatures and shall be considered
an agreement of such party to fully execute and deliver originally signed copies of this
Agreement.
[Signature Pages Follow]

Page 4
IN WITNESS WHEREOF, this Agreement Regarding Cancellation and Termination of
Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual Access and
Parking Easement Agreement has been made as of the Effective Date.
CITY OF BUCKEYE, an Arizona
municipal corporation
By:
Doug Sandstrom, City Manager
ATTEST:
Lucinda J. Aja, City Clerk
APPROVED AS TO FORM:
Tosca Henry, City Attorney
STATE OF ________________
)
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _____ day of ____________,
20____, by _____________________, as the ____________________
of________________________________________, on behalf of the City of Buckeye.
Notary Public
My Commission expires:

Page 5
WESTERN MARICOPA EDUCATION
CENTER DISTRICT NO. 402, a political
subdivision of the State of Arizona
By:
Scott Spurgeon, Superintendent
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Attorney for West-MEC District No. 402
STATE OF ________________
)
) ss.
COUNTY OF ______________
)
The foregoing instrument was acknowledged before me this _____ day of
____________, 20____, by _____________________, as the ____________________
of________________________________________, on behalf of Western Maricopa Education
Center District No. 402.
Notary Public
My Commission expires:
12244625.2

Exhibit “1”
(Cancellation and Termination of Mutual Access and Parking Easement)

Page 1 of 6
EXHIBIT “1”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye
Regarding Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June
8, 2021, and Mutual Access and Parking Easement Agreement
When recorded, return to:
Western Maricopa Education Center District No. 402
5487 N 99th Ave
Glendale AZ 85305
Attn: Clerk of the Board
CANCELLATION AND TERMINATION OF
MUTUAL ACCESS AND PARKING EASEMENT
Western Maricopa Education Center District 402, a political subdivision of the state
of Arizona (“West-MEC”) and Buckeye Union High School District No. 201 (“Buckeye
Union”) (collectively, the "Parties") hereby sign and enter into this Cancellation and
Termination of Mutual Access and Parking Easement Agreement effective ___ day of
November 2028 (“Effective Date”).
WITNESSETH:
WHEREAS, West-MEC and Buckeye Union are parties to that certain Mutual Access
and Parking Easement Agreement dated June 8, 2021 (the “Parking Easement Agreement”),
for non-exclusive cross-access easements and mutual common parking easements, and a right
of first refusal granted to West-MEC (“Easements and ROFR”), as more particularly set forth
and described and depicted in said Parking Easement Agreement; and
WHEREAS, Buckeye Union and the City of Buckeye, Arizona, have negotiated an
intergovernmental agreement for land-exchange with an effective date of July 7, 2026 (“Land
Exchange IGA”); and
WHEREAS, the Land Exchange IGA includes the property that is the subject of the
Easements and ROFR (the “District Property”), generally described in Exhibit A attached
hereto; and;
WHEREAS, pursuant to the Land Exchange IGA, Buckeye Union and the City of
Buckeye anticipate that escrow will close on November 3, 2028, at which time the City will
acquire fee title to the District Property; and
WHEREAS, West-MEC and the City have separately negotiated an agreement for non-
exclusive cross-access easements and mutual common parking easements, which will become
effective contemporaneously with the cancellation and termination of the Parking Easement
Agreement; and

Page 2 of 6
EXHIBIT “1”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye
Regarding Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June
8, 2021, and Mutual Access and Parking Easement Agreement
WHEREAS, the Parties hereto, subject to the terms hereof have agreed to cancel and
terminate the Parking Easement Agreement as provided in this Cancellation and Termination
of Mutual Access and Parking Easement Agreement (“Cancellation and Termination
Agreement’).
NOW, THEREFORE, in consideration of the mutual covenants herein contained
and other good and valuable considerations, paid by each party hereto to the other, the receipt
and sufficiency of which are hereby mutually acknowledged, the Parties hereto hereby agree
as follows:
1.
Recitals. The foregoing recitals are hereby incorporated into this
Agreement as those fully rewritten herein at length.
2.
Parking Easement Agreement Cancellation and Termination. The
Parking Easement Agreement is hereby cancelled and terminated effective on the conveyance
of the District Property to the City in accordance with the terms and conditions of the Land
Exchange IGA. Furthermore, all rights in favor of West-MEC and/or Buckeye Union under the
Parking Easement Agreement are cancelled, terminated and extinguished and shall be of no
further force and effect, including without limitation, all easements and rights of first refusal.
Except for the obligations, duties and rights of the parties as provided in this Cancellation and
Termination Agreement, as of the Effective Date and except as provided herein, Buckeye
Union and West-MEC shall hereby forever release and discharge each other and their
respective Board members, officers, managers, members, shareholders, principals, partners,
agents and employees from any and all claims, obligations, liabilities, damages, losses,
demands and causes of action which either party ever had, now has, or in the future may have
against the other party arising from, under, or in any way related to the Parking Easement
Agreement.
3.
Miscellaneous.
Under
this
Cancellation
and
Termination
Agreement all of Buckeye Union’s obligations under the Parking Easement Agreement,
express or implied, financial or otherwise, are hereby terminated except as set forth herein.
Further, under this Cancellation and Termination Agreement all of West-MEC’s obligations
under the Parking Easement Agreement, express or implied, financial or otherwise, are hereby
terminated except as set forth herein. This Cancellation and Termination Agreement contains
the entire understanding of the parties with respect to its subject matter hereof and supersedes
all prior written agreements of the parties with respect to the subject matter hereof. This
Cancellation and Termination Agreement may only be amended by a writing signed by
both of the parties hereto. This Cancellation and Termination Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, legal representatives, successors and assigns. This Cancellation and
Termination Agreement may be executed in one or more counterparts, which together shall

Page 3 of 6
EXHIBIT “1”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye
Regarding Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June
8, 2021, and Mutual Access and Parking Easement Agreement
constitute the Agreement. Facsimile or scanned signature pages of this Cancellation and
Termination Agreement shall be valid and binding as original signatures and shall be
considered an agreement of such party to fully execute and deliver originally signed copies of
this Agreement.
4.
Governing Law/Recording. This
Cancellation
and
Termination
Agreement shall be governed by the laws of the State of Arizona and shall become effective
when a copy is recorded in the official records of the Maricopa County Recorder.
[Signature Pages Follow]

Page 4 of 6
EXHIBIT “1”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye
Regarding Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June
8, 2021, and Mutual Access and Parking Easement Agreement
IN WITNESS WHEREOF, this Cancellation and Termination of Mutual Access and Parking
Easement Agreement has been made as of the date set forth above.
WESTERN MARICOPA EDUCATION
CENTER DISTRICT NO. 402, a political
subdivision of the State of Arizona
By:
Scott Spurgeon, Superintendent
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Attorney for West-MEC District No. 402
STATE OF ________________
)
) ss.
COUNTY OF ______________
)
The foregoing instrument was acknowledged before me this _____ day of
____________, 20____, by _____________________, as the ____________________ of
________________________________________, on behalf of Western Maricopa Education
Center District No. 402.
Notary Public
My Commission expires:

Page 5 of 6
EXHIBIT “1”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye
Regarding Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June
8, 2021, and Mutual Access and Parking Easement Agreement
BUCKEYE UNION HIGH SCHOOL
DISTRICT NO. 201, a political
subdivision of the State of Arizona
By:
Steven Bebee, Superintendent
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Nathan D. Schott
Gust Rosenfeld P.L.C.
Attorney for BUHSD No. 201
STATE OF ________________
)
) ss.
COUNTY OF ______________
)
The foregoing instrument was acknowledged before me this _____ day of
____________, 20____, by _____________________, as the ____________________
of________________________________________, on behalf of Buckeye Union High School
District No. 201.
Notary Public
My Commission expires:

Page 6 of 6
EXHIBIT “1”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye
Regarding Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June
8, 2021, and Mutual Access and Parking Easement Agreement
Exhibit A
to
Cancellation and Termination of
Mutual Access and Parking Easement
(“District Property”)

Exhibit “2”
(Mutual Access and Parking Easement Agreement)

EXHIBIT “2”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye Regarding
Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual
Access and Parking Easement Agreement
WHEN RECORDED, RETURN TO:
Lucinda J. Aja, City Clerk
City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
MUTUAL ACCESS AND PARKING EASEMENT AGREEMENT
This Mutual Access and Parking Easement Agreement (“Agreement”) is made and entered
into this _____ day of November, 2028 (“Effective Date”), between the CITY OF BUCKEYE, an
Arizona municipal corporation (“City”), and WESTERN MARICOPA EDUCATION CENTER
DISTRICT NO. 402 (“West-MEC”).
R E C I T A L S
A.
West-MEC and the City own parcels of real estate that are adjacent to each other, generally
located at the Northwest corner of West Van Buren Street and North Verrado Way in
Buckeye, Arizona. West-MEC’s property is described on Exhibit A attached hereto (the
“West-MEC Property”), City’s property is comprised of approximately 60+ acres, which
includes a roadway known as Fillmore Street, and is described on Exhibit B attached hereto
(the “City Property”).
B.
A parking lot is located on a portion of the West-MEC Property that is legally described as
the “Easement Area” on Exhibit C (“Parcel 1”) attached hereto.
C.
A parking lot and an access drive are located on a portion of the City Property that is legally
described as the “Easement Area” on Exhibit D (“Parcel 2”) attached hereto. “Parcel 2A”
is the driveway portion of Parcel 2 and is depicted as the “Access Area” shown on Exhibit
E attached hereto.
D.
The parties to this Agreement desire to create joint access to a common driveway and
parking lots and grant easements on, over, upon, and across portions of each of Parcel 1
and Parcel 2 for the purposes of vehicular and pedestrian ingress and egress to and from,
and non-exclusive parking rights, and for all other uses expressly contemplated by this
Agreement.
E.
Upon the terms and conditions hereinafter provided, City desires to convey for the benefit
of West-MEC, a non-exclusive, reciprocal and perpetual easement for ingress and egress
over Parcel 2A.
F.
Upon the terms and conditions hereinafter provided, West-MEC desires to convey for the
benefit of City a non-exclusive and reciprocal easement for parking over Parcel 1.

Page 2
EXHIBIT “2”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye Regarding
Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual
Access and Parking Easement Agreement
G.
Upon the terms and conditions hereinafter provided, City desires to convey for the benefit
of West-MEC, a non-exclusive and reciprocal easement for parking over the portion of
Parcel 2 that does not include the Parcel 2A (“Parcel 2B”).
AGREEMENT
In consideration of the foregoing Recitals which are adopted, approved and incorporated
herein and for other goods and valuable consideration, the receipt and sufficiency whereof are
hereby confirmed, the parties hereby covenant and agree as follows:
1.
Granting of Easements
1.1 Access Easement. City hereby grants and conveys a perpetual, non-exclusive, access
easement for purposes of vehicular and pedestrian ingress and egress on, over, upon,
and across Parcel 2A by all Users (as defined in Section 1.3 below) and motor vehicles
of such Users for use as access to and from the public streets adjacent to Parcel 1 and
Parcel 2 (collectively, the “Access Easement”). In no event shall parking be allowed
on Parcel 2A.
1.2 Mutual Parking Easement. Subject to the restrictions set forth in Section 1.2.1, the
City and West-MEC grant and convey non-exclusive and mutual common parking
easements over Parcel 1 and 2B to all Users for purposes of vehicular ingress and
egress and vehicle parking thereon (collectively, the “Parking Easement”).
1.2.1 The City’s use of the Parcel 1 Parking Easement shall be restricted to the hours
of 4:00 p.m. to midnight during those days that West-MEC is in session,
provided however that the City’s use shall not materially interfere with West-
MEC’s Users of Parcel 1 during the evenings when adult education classes are
offered. There shall be no use restriction on Saturdays, Sundays and dates that
West-MEC is not in session, including without limitation seasonal breaks
(Thanksgiving, Winter, Spring), government holidays, and teacher in-service
days. West-MEC’s program calendar is available online. Notwithstanding the
foregoing, upon the City’s request, West-MEC shall email to the City West-
MEC’s calendar for the school year at the email address provided by the City.
1.3 Use of Mutual Access and Parking Easement. The purpose of the easement created
under this Agreement shall be for ingress and egress over the Access Easement and
parking within the Parking Easement, respectively, and for no other purposes. Subject
to Section 1.2.1 herein above, the Access Easement and the Parking Easement may
be used by both West-MEC and City. More specifically, the Access Easement and the

Page 3
EXHIBIT “2”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye Regarding
Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual
Access and Parking Easement Agreement
Parking Easement may be used for non-exclusive ingress and egress and parking by
the owners of Parcel 1 and Parcel 2, their tenants, and each of their guests, invitees,
agents, customers, and employees (collectively, the “Users”). The use permitted in
the Access Easement and the Parking Easement shall be for all Users. Furthermore,
the use permitted under the Access Easement and the Parking Easement shall be for
normal passenger vehicle travel consistent with and general commercial use for the
parties’ respective operations on the adjacent properties of West-MEC and City.
2.
Maintenance and Condemnation
2.1 Maintenance of Easement Areas. West-MEC, at its sole cost and expense, shall
maintain and keep all of the Parcels subject to this Agreement in a commercially
reasonable condition and state of repair.
2.2 Condemnation. If all or any portion of the land or improvements which comprise the
Parking Easement or the Access Easement shall hereafter be taken by condemnation,
the award shall go to the owner of the Parcel or partial Parcel so condemned.
3.
Mutual Indemnities
Each party to this Agreement will indemnify, defend, and hold harmless the other for, from,
and against any and all claims, liabilities, obligations, damages, penalties, claims, causes
of action, costs, charges and expenses (including, without limitation, reasonable attorneys’
fees and costs) suffered or incurred in connection with any alleged bodily injury or property
damage arising out of the negligence of the indemnifying party up to the indemnifying
party’s percentage of percentage of fault for said damages as may be allowed by law.
4.
Run with the Land
The covenants, conditions, restrictions, easements, and the other provisions of this
Agreement shall run with and be appurtenant to each portion of Parcel 1 and Parcel 2, and
shall be binding upon each portion of Parcel 1 and Parcel 2 and the owner(s) thereof and
all successors in title to any portion of Parcel 1 or Parcel 2 during their respective
ownership.
5.
Modification and Termination
The terms and conditions of this Agreement may be abrogated, modified, rescinded or
amended in whole or in part only by written instrument executed by all of the then owners
of Parcel 1 and Parcel 2, and recorded with and approved by the County Recorder of
Maricopa County, Arizona.
6.
Insurance

Page 4
EXHIBIT “2”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye Regarding
Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual
Access and Parking Easement Agreement
Each party shall maintain, or cause to be maintained, commercial general liability
insurance against claims for bodily injury, death or property damage occurring on, in or
about Parcel 1 or Parcel 2 in connection with the use and enjoyment of the Access Easement
or the Parking Easement. Upon the request of any party, the other party shall be named as
an additional insured thereunder. Such insurance shall be in the amount of $2,000,000.00
combined single limits and maintained with companies with an AM Best rating of A- or
better. Such policies shall provide that they will not be canceled without at least ten (10)
days’ prior written notice in the event of non-payment of premiums, or thirty (30) days’
prior written notice in the event of cancellation for other reasons, to the other party, and a
certificate of insurance (or, at any request of any party, a copy of the policy), in full force
and effect, shall be provided to any party that requests the same.
7.
Authority
Each person signing below represents and warrants that he or she is fully authorized to
execute and deliver this Agreement in the capacity set forth beneath his or her signature.
8.
Transfer of Property
Upon the transfer of any of the Parcels, or a portion thereof, and upon the express written
consent of the proposed transferee to undertake the obligations of the transferring party
hereunder: (a) the transferring party shall be relieved of any obligations that thereafter
accrue hereunder, but shall not be relieved of any accrued obligations; and (b) the proposed
transferee shall be bound by all the terms and conditions hereof.
9.
Future Development of Parcel 1 or Parcel 2B
If West-MEC or City elects to develop its respective Parcel 1 or 2B during the first one
hundred twenty (120) months following the Effective Date, the party undertaking such
development (the "Developing Party") shall bear the costs associated with relocating the
parking easement area and ingress/egress (“Relocated Parcel”), if and as necessary to
provide a replacement parking area at a location on Parcel 1 or 2B that is mutually
agreeable to the parties and containing substantially the same number of parking spaces
and amenities (lighting, paving, parking lines, etc.) as existed immediately prior to such
relocation, as follows:
(1)
First 60 Months.
If the Developing Party elects to develop its
respective Parcel 1 or 2B during the period commencing within the
first sixty (60) months following the Effective Date hereof,
Developing Party shall pay the actual cost of relocating and
reconstructing the Relocated Parcel. Such costs shall include, without
limitation, all costs incurred in implementing the relocation plans,
including design, engineering, permitting, and construction costs. The

Page 5
EXHIBIT “2”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye Regarding
Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual
Access and Parking Easement Agreement
Developing Party may utilize any procurement or construction
contracting method that is authorized by applicable law.
(2)
Months 61 to 120. If the Developing Party elects to develop its
respective Parcel 1 or 2B during the period commencing on the sixty-
first (61st) month and ending on the one hundred twentieth (120th)
month following the Effective Date hereof, Developing Party and the
non-Developing Party shall each pay one-half (1/2) of the actual costs
associated with relocating and reconstructing the Relocated Parcel.
Such costs shall include, without limitation, all costs incurred in
implementing the relocation plans, including design, engineering,
permitting, and construction costs. The Developing Party may utilize
any procurement or construction contracting method that is
authorized by applicable law.
In the event the Parties seek to share any costs beyond the ‘like-for-like’ replacement
parking area, to be located on Parcel 1 or 2B as set forth in this Section 9, such activity
shall be separately negotiated and subject to a separate agreement.
If the Developing Party elects to develop its respective Parcel 1 or 2B during a period that
is greater than 120 months after the Effective Date hereof, then the parties shall renegotiate
the terms and conditions of this Agreement with respect to the Parking Easement, including
but not necessarily limited to relocation of parking easement areas. If the Parties are not
able to agree on the terms and conditions of a new Parking Easement, then the Parking
Easement shall terminate at the conclusion of good faith negotiations. In such event, the
Parties shall cooperate to execute any instrument necessary to evidence the termination of
the Parking Easement.
The Parties agree to designate project management representatives to coordinate the
relocation and reconstruction of the Relocated Parcel. All communication relating to the
day-to-day activities of relocation and reconstruction of the Relocated Parcel will be
between the designated representatives. Any other notices required under this Agreement
shall be in accordance with Section 10 herein.
10. Notice
All notices, demands, or other communications must be in writing and are deemed to
be duly delivered upon personal delivery, or as of the third business day after mailing
by United States mail, postage prepaid, registered or certified, return receipt
requested, addressed as follows:
CITY:
Doug Sandstrom, City Manager

Page 6
EXHIBIT “2”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye Regarding
Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual
Access and Parking Easement Agreement
City of Buckeye
530 E Monroe Ave
Buckeye AZ 85326
With a copy to:
Tosca Henry, City Attorney
City of Buckeye
530 E Monroe Ave
Buckeye AZ 85326
WEST-MEC:
Scott Spurgeon, Superintendent
Western Maricopa Education Center District No. 402
5487 N 99th Ave
Glendale AZ 85305
With a copy to:
Curtis M. Chipman, Esq.
Udall | Shumway
1138 N Alma School Rd, Suite 101
Mesa AZ 85201
11.
Condition Precedent
This Agreement is expressly conditioned upon the occurrence of the City’s acquisition of
the City Property in accordance with that certain land exchange intergovernmental
agreement between the City of Buckeye and Buckeye Union High School District No. 201,
pursuant to which the City of Buckeye will acquire title to, among other real property,
Parcel 2.
12.
Governing Law/Recording
This Agreement shall be governed by the laws of the State of Arizona and shall be recorded
in the official records of the Maricopa County Recorder.
13.
Conflict of Interest
This Agreement is subject to and may be cancelled in accordance with the provisions of
A.R.S. § 38-511.
[Signatures on Following Pages]

Page 7
EXHIBIT “2”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye Regarding
Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual
Access and Parking Easement Agreement
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of
the date first set forth above.
CITY OF BUCKEYE,
an Arizona municipal corporation
Eric W. Orsborn, Mayor
ATTEST:
Lucinda J. Aja, City Clerk
APPROVE AS TO FORM:
Tosca Henry, City Attorney
ACKNOWLEDGEMENT
STATE OF ARIZONA
)
) ss.
County of Maricopa
)
This instrument was acknowledged before me this _____ day of ______________,
20____, by __________________, whose identity was proven to me on the basis of satisfactory
evidence to be the person who he/she claims to be and acknowledged that he/she signed above.
Notary Public
(Notary Seal)

Page 8
EXHIBIT “2”
to Agreement Between Western Maricopa Education Center District No. 402 and City of Buckeye Regarding
Cancellation and Termination of Mutual Access and Parking Easement Agreement Dated June 8, 2021, and Mutual
Access and Parking Easement Agreement
WESTERN MARICOPA EDUCATION CENTER
DISTRICT NO. 402
Scott Spurgeon Superintendent
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Attorney for West-MEC District No. 402
ACKNOWLEDGEMENT
STATE OF ARIZONA
)
) ss.
County of Maricopa
)
This instrument was acknowledged before me this _____ day of ______________,
20____, by __________________, whose identity was proven to me on the basis of satisfactory
evidence to be the person who he/she claims to be and acknowledged that he/she signed above.
Notary Public
(Notary Seal)
12244622.2

EXHIBIT “A”
LEGAL DESCRIPTION
FOR
WESTERN MARICOPA EDUCATION CENTER DISTRICT NO. 402
(PARCEL 1)
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 1 NORTH,
RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTH QUARTER OF SAID SECTION 1 FROM WHICH THE SOUTHEAST QUARTER
OF SAID SECTION 1 BEARS SOUTH 89˚26’42” EAST, A DISTANCE OF 2,645.40 FEET;
THENCE SOUTH 89˚26’42” EAST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 1, A DISTANCE OF 1,985.40 FEET;
THENCE NORTH 00˚26’05” EAST, A DISTANCE OF 55.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 00˚26’05” EAST, A DISTANCE OF 1,241.37
FEET; THENCE SOUTH 89˚26’42” EAST ALONG A LINE PARALLEL WITH AND 1,296.37
FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1,
A DISTANCE OF 595.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 65.00 FEET
OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE SOUTH 00˚26’27” WEST
ALONG THE WEST LINE OF THE EAST 65.00 FEET OF THE SOUTHEAST QUARTER OF
SAID SECTION 1, A DISTANCE OF 1,201.37 FEET; THENCE SOUTH 45˚29’42” WEST, A
DISTANCE OF 56.51 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 55.00 FEET
OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 89˚26’42” WEST
ALONG THE NORTH LINE OF THE SOUTH 55.00 FEET OF THE SOUTHEAST QUARTER OF
SAID SECTION 1, A DISTANCE OF 555.01 FEET TO THE POINT OF BEGINNING.

Page 1 of 2
EXHIBIT “B”
PRELIMINARY LEGAL DESCRIPTION
FOR
CITY OF BUCKEYE (FILLMORE PARCEL)
(PARCEL 2)
That portion of the South Half of the Southeast Quarter and the South Half of the North Half
of the Southeast Quarter of Section 1, Township 1 North, Range 3 West of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the South Quarter corner of said Section 1 from which the Southeast
corner thereof bears South 89 °26’42” East, 2645.39 feet;
Thence along the south line of said Southeast Quarter, South 89 °26’42” East, 94.87 feet;
Thence leaving said south line, North 0°33’18” East, 65.00 feet to the north line of the south
65.00 feet of said Southeast Quarter and to the POINT OF BEGINNING;
Thence North 44°30’07” West, 56.62 feet to the east line of the west 55.00 feet of said
Southeast Quarter;
Thence along said east line, N0°26’27” East, 1376.81 feet;
Thence leaving said east line, South 44°30’07” East, 42.47 feet;
Thence South 89°26’42” East, 746.22 feet to the beginning of a curve, concave to the
southwest, having a radius of 243.00 feet;
Thence southeasterly along said curve, having a delta of 29°40’23”, a length of 125.85 feet
to a point of tangency;
Thence South 59°46’19” East, 95.10 feet to the beginning of a curve, concave to the
northeast, having a radius of 157.00 feet;
Thence southeasterly along said curve, having a delta of 29°40’23”, a length of 81.31 feet to
a point of tangency;
Thence South 89°26’42” East, 478.57 feet to the west line of the property described in
Warranty Deed recorded in Document No. 2009-1120552, Maricopa County records;
Thence along said west line, South 0°26’05” West, 10.00 feet to the southwest corner of
said deed;
Thence along the south line of said deed, South 89°26’42’East, 960.00 feet;
Thence continuing along said south line, North 0°26’05” East, 14.87 feet;

Page 2 of 2
Thence continuing along said south line, North 45° 26’05” East 42.43 feet to the west line of
the east 65.00 feet of said Southeast Quarter;
Thence along said west line, South 0°26’05” West, 90.84 feet to the northeast corner of the
property described in Warranty Deed recorded in Document No. 2009-0601392, Maricopa
County records;
Thence along the north line of said Deed, North 89°26’42” West, 595.00 feet to the
northwest corner thereof;
Thence along the west line of said Deed, South 0°26’05” West, 1241.37 feet to the north
line of the south 55.00 feet of said Southeast Quarter;
Thence along said north line, North 89°26’42” West, 1590.41 feet;
Thence leaving said line, North 0°33’18” East, 10.00 feet;
Thence North 89°26’42” West, 300.00 feet along the north line of the south 65.00 feet of
said Southeast Quarter to the POINT OF BEGINNING.
Described property contains 2,616,804 Square Feet or 60.07 Acres, more or less.

EXHIBIT “C”
EASEMENT AREAS
(PARCEL 1)
THE NORTH 170 FEET OF THE SOUTH 326 FEET OF THE WEST 477 FEET OF THE
SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.

EXHIBIT “D”
EASEMENT AREAS
(PARCEL 2)
THE NORTH 225 FEET OF THE SOUTH 377 FEET OF THE WEST 488 OF THE EAST 1148
FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER (S1/2 SE1/4) OF SECTION
ONE (1), TOWNSHIP ONE NORTH (T1N), RANGE 3 WEST (R3W), GILA AND SALT RIVER
BASE AND MERIDIAN, CONTAINING 2.63 ACRES, MORE OR LESS.

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