Fee In Lieu.Developer-executed.pdf

other based upon which party prepared or influenced the drafting of any provision or exhibit of this 
Agreement. 
11. Time of Essence and Merger. Time is of the essence of this Agreement. This Agreement
constitutes the entire agreement between the Parties hereto pertaining to the subject matters of this
Agreement and the In-Lieu Payment. All prior contemporaneous agreements, representations and
understandings of the parties, oral or written, are hereby superseded and merged herein, and this
Agreement constitutes full satisfaction of all claims and liabilities that exist, whether known or
unknown, on or before the effective date of this Agreement, between the Parties.
12. Benefit and Binding Effect. This Agreement shall be for the benefit of and binding upon the
Parties hereto and their successor and assigns.
13. Counterparts; Entire Agreement. This Agreement, which may be executed in counterpart, shall
constitute the entire agreement between the Parties regarding the subject of this Agreement. This
Agreement will constitute the entire agreement between the Parties, and supersedes all previous
written or oral agreements or understandings regarding the subject matter of this Agreement.
Developers knowingly and voluntarily forever release and discharge the City and all of its past and
present elected officials, officers, directors, agents, employees, successors, assigns, attorneys, and
representatives from all legal and equitable claims, causes of action, debts, accounts, and damages,
known or unknown, asserted or unasserted, and of every nature and extent whatsoever, that the
Developers have against the City, and arising from actions, omissions, delays or other events that
occurred prior to the date of this Agreement.
14. Section Titles. The section titles in this Agreement are not part of this Agreement and are for
convenience only.
15. Notices. All notices, requests, waivers, approvals, acceptances or other communications under
this Agreement shall be in writing and shall be deemed given when personally delivered or two days
after mailing by certified mail, return receipt requested and postage prepaid, to the addresses set forth
below:
(a) City
With a copy to: 
(b) Developers
City Manager 
City of Buckeye 
530 East Monroe Avenue 
Buckeye, Arizona 85326 
K. Scott McCoy, City Attorney
City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
Jeremy Ramsdell, Vice President - Acquisitions 
Ashton Woods Arizona, L.L.C. 
8655 E. Via De Ventura, Suite F-250 
Scottsdale, Arizona 85258 
3

Southern Avenue Medians (north half at CL)
Landscape & Irrigation Improvements
Date:
08/20/24
Prepared by:
Young Design Group
CATEGORY 
DESCRIPTION 
QTY. 
UNIT 
UNIT COST 
TOTAL 
Irrigation
Irrigation (Drip / sprinklered) 
      1 
LS 
$1.00 
$5,341.34
1.0" Backflow assembly with cage (incl.) 
0 
EA 
$0.00 
$0.00 
Irrigation Controller (incl.) 
0 
EA 
$0.00 
$0.00
$5,341.34
Landscape
Tree, 24" Box 
8 
EA 
$264.00 
$2,112.00
Shrub, 5 gallon 
50 
EA 
$17.00    
$850.00
Shrub, 1 gallon 
33 
EA 
$8.93 
$264.69
Accent / Sm. Cactus 
64 
EA 
$45.00 
$2,880.00
$6,106.69
Inert Materials
Granite Mulch, 1/2" minus 
11,363 
SF 
$0.62 
$7,045.06 
$7,045.06
*Does not include: 
TOTAL 
$18,493.09
Contingency 
$1,849.30 
GRAND TOTAL 
$20,342.39
Landscape meter, backflow preventer and controller already
accounted for in on-site phased improvements  / Irrigation
assumes connection to on-site areas as designed
This opinion of probable cost, including all descriptions, costs, and quantities, are intended to facilitate budgetary cost analysis provided by the contractor and is
considered supplemental.  All quantities shown are for estimating purposes only and are not guaranteed.  the contractor shall verify all descriptions, costs, and
quantities to fulfill the design intent of the approved construction documents.
General conditions, contractor mobilization, taxes,
permitting, 90 day maintenance, etc
10/30/24