A. D22591.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Department
EXEMPT ARS 11-1134, A3
pAb.
AGREEMENT FOR COST-TO-CURE COMPENSATION
Assessor's Parcel No.: 104-13-094
Project No. : TT0345 Project Name: MC85 (83 Ave & Center Turn Lane Expansion)
Item: D22591 [LO]
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona and EMC Holdings, LLC, an Arizona limited liability company and shall become
effective upon acceptance by the Maricopa County Board of Supervisors. Maricopa County and
EMC Holdings, LLC, an Arizona limited liability company shall collectively be referred to herein
as the “Parties.”
RECITALS
WHEREAS, Maricopa County acquired a portion of real property (“Property”) owned by
EMC Holdings, LLC, an Arizona limited liability company (EMC);
WHEREAS, in order to accomplish the proposed roadway improvements, EMC will
relocate electrical conduit to the gate motors and install steel bollards to protect the new gate
motors.
WHEREAS, the Parties agree that EMC, for the payment as hereinafter defined, shall enter
into a contract to cause the relocation of electrical conduit to the gate motors and install steel
bollards to protect the new gate motors,
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Assessor's Parcel No.: 104-13-094
Project No. : TT0345 Project Name: MC85 (83 Ave & Center Turn Lane Expansion)
Item: D22591 [LO]
AGREEMENT
THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the parties hereby agree as follows:
1. The Recitals, by this reference, are incorporated herein and made a part of this
Agreement.
MARICOPA COUNTY AGREES:
1. To issue a warrant in the amount of Thirteen Thousand Six Hundred Twenty
and No/100 DOLLARS ($13,620.00) payable to EMC Holdings, LLC, an Arizona limited
liability company as Payment for cost-to-cure (“Payment”).
The Payment is broken down as follows:
KGM Builders Inc. (description of work and material)
Relocation of Electrical Conduit for Gate Motors at South East Entrance
1. Materials Used: (8) 90 Degree Elbows, (4) 36’ 90’s, (1) Can of Glue,
(8) Couplings, (2) Traffic Grade Concrete Boxes, 160° 2” Conduit $1049.00
2. Rental: 1 Mini Excavator (4) Days, 1 Tamper (4) Days $973.60
3. Rental: 1 Water Wagon (4) Days $477.84
4, Labor $2,860.00
Subtotal (rounded) $5,360.00
5. Insurance $80.40
6. General Contractor Oversight Fee: $643.20
7. Taxes $431.48
TOTAL $6,515.08
KGM Builders Inc. (description of work and material)
Installation of (4) Steel Bollards to Protect New Gate Motors
1. Supply and Imbed (4) 8” Steel Bollards $5,250.00
2. Paint Bollards (allowance) — $395.00
3, Supervision 2.65 hrs. x $75.00 per hr. (rounded) $200.00
Subtotal $5,845.00
4. Insurance $87.68
5. General Contractor Oversight Fee: $701.40
6. Taxes $470.52
Total $7,104.60
Relocation of Underground Conduits $6,515.08
Installation of (4) Stee! Bollards $7,104.60
TOTAL (2 Jobs) $13,619.68
TOTAL-rounded $13,620.00
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Assessor's Parcel No.: 104-13-094
Project No. : TT0345 Project Name: MC85 (83 Ave & Center Turn Lane Expansion)
Item: D22591 [LO]
EMC AGREES:
To accept the sum of Thirteen Thousand Six Hundred Twenty and No/100 DOLLARS
($13,620.00) as full and final payment for the relocation of electrical conduit to the gate motors
and install steel bollards to protect the new gate motors as detailed on page 2 above.
1. EMC acknowledges and agrees the Payment constitutes full and final payment
for the work and materials associated with the relocation of the electrical conduit to the
gate motors and installation of steel bollards to protect the new gate motors. (“Work”). EMC
further acknowledges and agrees the Payment is based upon estimates obtained by EMC and
provided to Maricopa County. Therefore, should the actual cost of the Work exceed the Payment,
EMC shall not be entitled to additional compensation for the Work. Likewise, should the actual
cost of the Work be less than the Payment, Maricopa County shall not be entitled to be reimbursed
for the difference between the actual cost and the Payment.
2. To complete all Work as described herein by February 14, 2021 (“Completion Date”).
EMC acknowledges the importance of the Completion Date
3. To assume responsibilities for any and all maintenance and repair of relocating the
electrical conduit to the gate motors and installation of steel bollards to protect the new gate
motors.
4, That County shall not be responsible for the adequacy of the work plan, the
selection of the contractors, and for the sufficiency of the work performed by said contractors as
set forth in the work plan.
5. To coordinate with the appropriate jurisdictions for the proper relocation of the
electrical conduit to the gate motors and proper installation of stee! bollards to protect the new gate
motors.
6. EMC agrees to indemnify, defend and hold harmless County from damages, and
claims, arising out of the negligent or willful acts or omissions of EMC its agents, partners, tenants,
employees, or contractors in connection with the work.
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Assessor's Parcel No.: 104-13-094
Project No. : TT0345 Project Name: MC85 (83" Ave & Center Turn Lane Expansion)
Item: D22591 [LO]
GENERAL TERMS:
1. Nothing in this Agreement shall constitute a release, waiver, relinquishment, or
abandonment of any claim, demand, right, liability, or cause of action of any Party arising out of
any breach of this Agreement. If any Party materially breaches the terms of this Agreement, the
non-breaching Party may exercise any and all remedies available to them under Arizona law
consistent with its rights under this Agreement.
2. If suit or action is commenced to enforce compliance with any term, covenant or
condition of this Agreement, including any action undertaken in the context of bankruptcy
proceedings, the Party not prevailing shall pay to the Prevailing Party a sum which the trial judge
determines is reasonable as attorney fees to be allowed in the suit or action, and court costs, and if
appeal is taken from any judgment or decree in the suit or action, the Party not prevailing on the
appeal shall pay to the Prevailing Party such further sum as the appellate court shall adjudge
reasonable as attorney fees on appeal, and court costs,
3, This agreement contains the entire understanding and agreement between the
parties with respect to the subject matter hereof and supersedes any prior written or oral
understandings or agreements between the Parties.
4, If any term, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
5. Each Party covenants and warrants to the other Party that: (a) it is duly authorized
to execute this Agreement; and (b) the execution of this Agreement has been duly authorized by
the Applicable Party;
6. Except as otherwise provided herein, this Agreement and all the terms and
provisions hereof shall be binding upon and inure to the benefit of the Parties and their heirs,
successors and assigns.
7. The waiver or a breach of any term or condition of this Agreement may be made
only in writing and shall not be deemed to constitute a waiver of a subsequent breach of such term
or condition, or a waiver or a breach or subsequent breach of any other term or condition.
8. No modification of this Agreement shall be effective unless in writing and signed
by the Parties hereto.
9, Nothing in this Agreement shall be construed nor shall any of the acts of the Parties
hereto be deemed or construed by the Parties or any third party to create a relationship of principal
and agent, employment or partnership or joint venture between the Parties.
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Assessor's Parcel No.: 104-13-094
Project No. : TT0345 Project Name: MC85 (83 Ave & Center Turn Lane Expansion)
Item: D22591 [LO]
10. This Agreement shall be interpreted in accordance with the laws of the State of
Arizona and the Parties agree that Arizona is the proper venue for any suit or action commenced
to enforce compliance with any term, covenant or condition of this Agreement.
11. This Agreement has been arrived at by negotiation and shall not be construed
against a Party to it or against the Party who prepared the last draft.
12. By entering into this Agreement, the County does not waive its rights under Arizona
Revised Statutes Sections 11-622 and 12-820 et seg. Accordingly, should any claim be made
against the County, based upon this Agreement, compliance with those statutes remains
mandatory.
13. This Agreement is subject to the provisions of Arizona Revised Statutes Section
38-511.
14. This Agreement is only for the benefit of the Parties and is not enforceable by any
persons or entities that are not a Party to this Agreement.
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Assessor's Parcel No.: 104-13-094
Project No. : TT0345 Project Name: MC85 (83 Ave & Center Turn Lane Expansion)
Item: D22591 [LO]
Dated this S day of Fe ob 20%
mrey ; .
GRANTOR: EMC Holdings, LLC, an Arizona limited liability company
th Hoa
By: »
aura Stewart Colfin Stewart
Its: | Member Its: Member
STATE OF (ARIZONA )
)§
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this O06 — day of Febru CY,
20 2\ by Laura Stewart and Collin Stewart its _ members of
,
(Name of Officers) (Title)
EMC Holdings., LLC an Arizona limited liability company, on behalf of the company.
,
lh
My Commission Expires \0 lot | i100 a VGH
so Notary Public (signatuts) i NS
AM
Notary Stamp Seal
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Assessor's Parcel No.: 104-13-094
Project No. : TT0345 Project Name: MC85 (83" Ave & Center Turn Lane Expansion)
Item: D22591 [LO]
RECOMMENDED FOR APPROVAL:
A Tn
I a
Right of Way Agent Real Manédger
—
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors
Approved as to form and within the powers
and auther|ty ae the Bok{rd of Supervisors
COUNTERPART
Deputy County Attorney Date
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DocuSign Envelope ID: 3F25341B-5D94-4D6B-AD71-0D229E2D3EE6
Assessot's Parcel No.: 104-13-094
Project No. ; TT0345 Project Name: MC85 (83 Ave & Center Turn Lane Expansion)
Item: D22591 [LO]
RECOMMENDED FOR APPROVAL:
Kh é.
Pula Ae
Right of Way Agent Real Property M per
ee
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
STAND Gi GOUNTERPART
By
Chairman of the Board
|
ATTEST:
SIGHED JN: COUNTERPART s VOWED IN COUNTERPART
Date
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors
DocuSigned by:
Chad HferOtedle 2/16/2021
OBO782D9EICEASE.
Deputy County Attorney Date
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