RANCHO CABRILLO-ASSURANCE AGREEMENT.PDF

ASSURANCE AGREEMENT
This Agreement is made on , 2018, by and between
MARICOPA COUNTY, a political subdivision of the State of Arizona, by its Board of
Supervisors (hereinafter "County");
And
RANCHO CABRILLO DEVELOPMENT, LLC, an Arizona Limited Liability Company,
with an address of 2221 West Baseline Road, Suite 201, Tempe AZ 85283, (hereinafter "RCD").
The term "RCD" as used herein shall include RCD and any and all successors and/or assigns of
the RCD and shall, at all times, include the record title holder of the Property.
Whereas, RCD is the owner of certain real property full described in Exhibit A attached
hereto and made a part hereto (hereinafter "Property"); and
Whereas, RCD has applied to the County pursuant to A.R.S. §11-821 et seq. to subdivide
the Property for single family residential development; and
Whereas, A.R.S. §11-821(C) provides: "The regulations shall require the posting of
performance bonds, assurances or such other security as may be appropriate and necessary to
ensure the installation of required street, sewer, electric and water utilities, drainage, flood control
and improvements meeting established minimum standards of design and construction;" and
Whereas, A.R.S. §11-822(A) provides: "No plat of a subdivision of land within the area of
jurisdiction of the County shall be accepted for recording or recorded until it has been approved •
by the Board. The approval of the Board shall be endorsed in writing on the plat and shall also
include specific identification and approval of the assurances;" and
Whereas, RCD has requested that, in lieu of providing a financial assurance as security to
ensure the installation of required improvements that the County allow an agreement that no
building permits for the construction of homes for sale to third parties shall be issued in connection
with the Property unless and until such time as all required improvements have been installed
pursuant to plans and specifications approved by the County, that meet the minimum standards of
design and construction established by the County; and
Whereas, the County is agreeable to allowing such an agreement, hereinafter referred to as
a "building permit hold" to serve as the statutorily required assurance of performance.
NOW THEREFORE, in consideration of the mutual premises contained herein and other
good and valuable consideration, the parties agree as follows:
1. The above recitals are incorporated herein as if fully reproduced.
2. No building permit shall be issued to allow construction on or in connection with the
Property except:

a. Building permits required for the installation and completion of the infrastructure required
as part of the subdivision, as approved by all applicable agencies.
b. Building permits for not more than eight (8) model homes on specific lots approved by the
County. No occupancy of any model home as a single family residence shall be allowed unless
and until the building permit hold created by this Agreement shall terminate.
3. No building permit shall issue for any item identified in paragraph 2 of this Agreement
unless and until this Agreement shall have been recorded in the office of the Maricopa County
Recorder. Upon termination of this Agreement, the County shall execute an appropriate document
presented to it by RCD for recording to provide notice that this Agreement has terminated.
4. In the event the County Board of Supervisors shall not approve the subdivision plat for the
Property, this Agreement shall be deemed to be void and of no force or effect.
5. RCD must maintain a valid, active building permit for construction of the subdivision
infrastructure. RCD shall be responsible for extending or renewing said permit as the case may be
prior to expiration. Failure of RCD to maintain a valid, active building permit for construction of
the subdivision infrastructure will terminate this Agreement and, no work of any kind on the
Property shall occur unless and until financial assurance(s) satisfactory to the County has been
provided.
6. This Agreement and the building permit hold shall remain in place until such time as all
improvements required by the subdivision approval for the Property have been substantially
completed by RCD to applicable County or other appropriate standards of other approving
authorities, and approved by the County, and all required warranty assurances have been provided.
7. This Agreement may be terminated by RCD providing financial assurances as required by
the ordinances and regulations of Maricopa County as a substitute for this Agreement.
8. Nothing contained in this Agreement shall be construed as obviating the necessity of RCD
providing financial assurances for any and all improvements required to the portions of Happy
Valley Road, which are to be dedicated to the County that are adjacent to the Property.
9. Nothing contained in this Agreement shall be construed as obviating the necessity of RCD
providing financial warranty assurances for any improvements pursuant to applicable County
ordinances, resolutions or rules.
10. This Agreement may be cancelled by the County pursuant to the terms of A.R.S. § 38-511.
11. All notices, and communications to be given under this Agreement shall be in writing and
shall be deemed to have been duly given if delivered personally (in which case the date of delivery
would the actual date), if mailed first-class, postage prepaid, registered or certified mail (in which
case the date of delivery would be three (3) days from the date of mailing), or if sent by telegram,
telex, facsimile, telecommunication or other similar form of communication (in which case the
date of delivery would be the date of receipt confirmation), as follows, or as otherwise provided
by notice to the other party:
-2-

If to County:
Maricopa County Planning and Development Department
501 N. 44th Street
Phoenix AZ
Attention: Director
If to RCD:
2221 West Baseline Road, Suite 101
Tempe, Arizona 85283
Attn: Scott Robson
12. This Agreement shall inure to the benefit of, be binding upon, and be enforceable by the
parties to this Agreement and their respective successors and assigns.
13. This Agreement, including its Exhibits constitute the entire agreement and understanding
between the parties relating to the subject matter of this Agreement and supersedes all prior
representations, communications and arrangements, whether oral, written or inferred, between the
parties relating to that subject matter. This Agreement shall not be amended or modified except
by a writing duly executed by RCD and the County. The waiver of any breach of any term or
condition of this Agreement shall not be deemed to constitute the waiver of any other breach of
the same or any other term or condition.
14. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions of this Agreement, and any such prohibition or
unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in
any other jurisdiction.
15. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
Dated as of the day and year first above written.

RCD:
RANCHO CABRILLO DEVELOPMENT, LLC,
An Arizona Limited Liability Company
By:
Name: S -1-e_Lee,2 see,
Title: VP
COUNTY:
MARICOPA COUNTY BOARD OF SUPERVISORS
By:
Name:
Title:
ATTEST:
Date:
Clerk of the Board of Supervis7
Approved as to form a*d ' Intent:
Date:
Dep4County Attorney

EXHIBIT A
(Legal Description of the RCD Property)
[See attached]

EXHIBIT "A" L11
L10 -
C3 18156
DENNIS C.
KNUDSEN
%.v. 0-01
L12
C4
L13 _
ftelb
ROAD
PARCEL H
A PORTION OF APNS
503-53-011J DYSART
L7 503-53-022J AND C5
503-53-898 NE COR
SECTION 10,
SE COR
SECTION 3
L14 T4N, R1W
L4
Cl
L3 N89'58'20N/ 1774.89'(R)
L1
HAPPY VALLEY ROAD
TRUE POINT
0 400 800 OF BEGINNING
SCALE: = 400'
LEGAL DESCRIPTION ICSE, DESIGN GROUP, PLC
RANCHO CABRILLO - PARCEL H 2525 West. Greenway Road, Suite 308
HAPPY VALLEY RD. & N. EL GRANADA BLVD. Phoenix, Arizona 85023
PH (602) 347-7007 FAX (802) 249-1310
PAARICOPA COUNTY, ARIZONA
JOB NO. DESIGNED DRAWN CHECKED DATE 4
13-013-002 CLS LAS DCK 05-02-2018 OF SHEETS

LEGAL DESCRIPTION
A PORTION OF THE SOUTH HALF OF SECTION 3 AND THE NORTH HALF OF SECTION 10,
TOWNSHIP 4 NORTH, RANGE 1 WEST, GILA AND SALT RIVER BASED AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP IN A HANDHOLE AT THE SOUTHEAST CORNER OF SAID
SECTION 3, ALSO BEING THE NORTHEAST CORNER OF SAID SECTION 10, SAID POINT BEING
THE INTERSECTION OF WEST HAPPY VALLEY ROAD AND NORTH DYSART ROAD;
THENCE WESTERLY ALONG THE CENTERLINE OF WEST HAPPY VALLEY ROAD AS RECORDED
IN BOOK 701, PAGE 25 M.C.R. AND ALONG THE SOUTH LINE OF SAID SECTION 3, NORTH
89' 58' 20" WEST A DISTANCE OF 1,774.89 FEET TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF NORTH EL GRANADA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING ALONG SAID CENTERLINE OF WEST HAPPY VALLEY ROAD AND ALONG
THE SOUTH LINE OF SAID SECTION 3, NORTH 89' 58' 20" WEST, A DISTANCE OF 318.25
FEET TO THE BEGINNING OF A TANGENT CURVE, SAID CURVE TURNING TO THE LEFT
THROUGH A CENTRAL ANGLE OF 22' 05' 14", HAVING A RADIUS OF 1400.00 FEET;
THENCE DEPARTING SAID SOUTH LINE OF SAID SECTION 3 AND CONTINUING ALONG THE
ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 539.69 FEET TO A POINT OF
TANGENCY;
THENCE SOUTH 67' 56' 26" WEST, A DISTANCE OF 193.31 FEET;
THENCE NORTH 22' 03' 34" WEST, A DISTANCE OF 65.00 FEET;
THENCE NORTH 19' 54' 12" WEST, A DISTANCE OF 122.57 FEET TO A POINT ON THE
SOUTH LINE OF SAID SECTION 3;
THENCE CONTINUING NORTH 19 54' 12" WEST, A DISTANCE OF 337.59 FEET TO THE
BEGINNING OF A TANGENT CURVE, SAID CURVE TURNING TO THE LEFT THROUGH A
CENTRAL ANGLE OF 14' 48' 01", HAVING A RADIUS OF 925.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 238.94 FEET
TO A POINT OF TANGENCY;
THENCE NORTH 34' 42' 13" WEST, A DISTANCE OF 82.53 FEET;
THENCE NORTH 78' 46' 14" WEST, A DISTANCE OF 215.43 FEET;
...CONTINUED ON SHEET 3 OF 4,.,
LEGAL DESCRIPTION KSE DESIGN GROUP, PLC
RANCHO CABRILLO - PARCEL H 2625 West. Greenway Road, Suite 306
HAPPY VALLEY RD. & N. EL GRANADA BLVD. Phoenix, Arizona 85023
PH (602) 347-7007 FAX (602) 249-1310
MARICOPA COUNTY, ARIZONA
JOB NO. DESIGNED DRAWN CHECKED DATE 2 4
13-013-002 CLS LAS DCK 05-02-2018 OF SHEETS

LEGAL DESCRIPTION (CONTINUED)
THENCE NORTH 34' 42' 13" WEST, A DISTANCE OF 95.20 FEET TO A POINT ON THE
SOUTHERN RIGHT-OF-WAY LINE OF THE BEARDSLEY CANAL AS RECORDED IN BOOK 584,
PAGE 19, M.C.R;
THENCE ALONG SAID SOUTHERN RIGHT-OF-WAY LINE OF BEARDSLEY CANAL NORTH 55' 18'
03" EAST, A DISTANCE OF 2,194.07 FEET TO THE BEGINNING OF A TANGENT CURVE, SAID
CURVE TURNING TO THE LEFT THROUGH A CENTRAL ANGLE OF 07' 10' 03", HAVING A
RADIUS OF 644.49 FEET;
THENCE CONTINUING ALONG SAID SOUTHERN RIGHT-OF-WAY LINE OF BEARDSLEY CANAL
AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 80.62 FEET TO A POINT OF
TANGENCY;
THENCE CONTINUING ALONG SAID SOUTHERN RIGHT-OF-WAY LINE OF BEARDSLEY CANAL
NORTH 48 08' 00" EAST, A DISTANCE OF 97.03 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF NORTH EL GRANADA BOULEVARD AS RECORDED IN BOOK 701,
PAGE 25, M.C.R;
THENCE NORTH 60' 34' 48" EAST, A DISTANCE OF 40.00 FEET TO A POINT ON THE
MONUMENT LINE FOR NORTH EL GRANADA BOULEVARD;
THENCE ALONG SAID MONUMENT LINE OF SAID NORTH EL GRANADA BOULEVARD SOUTH 29'
25' 12" EAST, A DISTANCE OF 285.62 FEET TO THE BEGINNING OF A TANGENT CURVE,
SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 64' 13' 04", HAVING
A RADIUS OF 500.00 FEET;
THENCE CONTINUING ALONG SAID MONUMENT LINE OF SAID NORTH EL GRANADA BOULEVARD
AND THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 560.41 FEET TO A POINT OF
TANGENCY;
...CONTINUED ON SHEET 4 OF 4...
LEGAL DESCRIPTION KSE DESIGN GROUP, PLC
RANCHO CABRILLO - PARCEL H 2625 West. Greenway Road, Suite 308
HAPPY VALLEY RD. & N. EL GRANADA BLVD. Phoenix, Arizona 86023
PH (602) 347-7007 PAX (802) 249-1310
MARICOPA COUNTY, ARIZONA
JOB NO. DESIGNED DRAWN CHECKED DATE
13- 013- 002 CLS LAS DCK 05- 02- 2018 3 OF 4 SHEETS

LEGAL DESCRIPTION (CONTINUED)
THENCE CONTINUING ALONG SAID MONUMENT LINE OF SAID NORTH EL GRANADA BOULEVARD
SOUTH 34' 47' 53" WEST, A DISTANCE OF 559.99 FEET TO THE BEGINNING OF A TANGENT
CURVE, SAID CURVE TURNING TO THE LEFT THOUGH A CENTRAL ANGLE OF 34' 46' 17",
HAVING A RADIUS OF 800.00 FEET;
THENCE CONTINUING ALONG SAID MONUMENT LINE OF SAID NORTH EL GRANADA BOULEVARD
AND THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 485.50 FEET TO A POINT OF
TANGENCY;
THENCE CONTINUING ALONG SAID MONUMENT LINE OF SAID NORTH EL GRANADA BOULEVARD
SOUTH 00' 01' 36" WEST, A DISTANCE OF 405.36 FEET TO A POINT ON SAID CENTERLINE
OF WEST HAPPY VALLEY ROAD AND THE SOUTH LINE OF SAID SECTION 3, SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 2,370,774.01 SQUARE FEET, OR 54.43 ACRES. ,MORE OR LESS.
LINE TABLE
LINE LENGTH BEARING
L1 318.25' N89'58'20"W
L2 193.31' S67'56'26"W
L3 65.00' N22'03'34"W
L4 122.57' N19'54'12"W CURVE TABLE
L5 337.59' N19'54'12"W CURVE LENGTH RADIUS DELTA
L6 82.53' N3442'13"W Ci 539.69' 1400.00' 2205'14"
L7 215.43' N78'46'14"W C2 238.94' 925.00' 14'48'01"
L8 95.21' N3442'13"W C3 80.62' 644.49' 07'10'03"
L9 2194.07' N5518 103"E C4 560.41* 500.00* 64'13'04"
L10 97.03' N48'08'00"E C5 485.50' 800.00' 34'46'17"
Li 1 40.00' N60'34'48"E
L12 285.62' S29'25'12"E
L13 559.99' S34'47 *53"W
L14 405.36' SO0'01'36"W
LEGAL DESCRIPTION KSE DESIGN GROUP, PLC
RANCHO CABRILLO - PARCEL H 2525 West Greenway Road, Suite 308
HAPPY VALLEY RD. & N. EL GRANADA BLVD. Phoenix, Arizona 86023
PH (802) 347-7007 FAX (602) 249-1310
MARICOPA COUNTY, ARIZONA
JOB NO. DESIGNED DRAWN CHECKED DATE 4 4
13-013-002 DCK LAS CLS 05-02-2018 OF SHEETS