B. PURCHASE AGREEMENT.PDF

Flood Control District
of Maricopa County
*tow
PURCHASE AGREEMENT
AND ESCROW INSTRUCTIONS
Agreement made on , by and between:
Jeffrey A. Egley and Kristina M. Egley, husband and wife, with an address of
407 W. Circle Mountain Rd., New River, AZ. 85087, hereinafter referred to as the Buyer. Buyer
was the successful bidder at public auction held on June, 13th, 2018 based upon an Invitation
for Public Auction ("Bid Package") dated May 10, 2018.
AND
Flood Control District of Maricopa County, a political subdivision of the State of
Arizona, with an address of: do Real Estate Division, 2801 W. Durango, Phoenix AZ, hereinafter
referred to as the Seller,
"Agreement" means, when fully executed by Seller and Buyer, this Purchase Agreement
and Escrow Instructions,
WITNESS ETH
THAT Seller agrees to sell to Buyer and the Buyer agrees to purchase from Seller, the
property described on Exhibit A, declared by the Maricopa County Board of Directors to be excess
vacant land by Agenda Item C-69-18-021-8-00, approved on December 13, 2017, hereinafter
referred to as the Property. The legal description of the Property is set forth on Exhibit A attached
hereto and made a part hereof.
Seller will convey the property to Buyer by Special Warranty Deed as set forth in the "Bid
Package".

1. PURCHASE PRICE and other Buyer costs. The purchase price or consideration
shall be Forty-Five Thousand Dollars ($45,000.00) Dollars. In addition, Buyer shall pay to the
Seller Fee Reimbursements which includes the full cost of the appraisal and the cost of the
preliminary title report provided the Buyer prior to bid.
1.1. Payments. Payment shall be made as follows:
Auction Deposit previously deposited by Buyer at
public auction (the "Contract Deposit") $7,050.00
Previously deposited appraisal fee reimbursement $1,800.00
Previously deposited title report fee reimbursement $ 750.00
Previously deposited balance of reimbursement fee $ 950.00
The balance of the purchase price (plus any
additional taxes, fees or other closing costs) shall
be paid at or before the Close of Escrow by cash,
certified check, cashier's check or bank wire transfer
to bdpaid to Escrow Agent
$37,000.00
1.2. Close of Escrow. Close of Escrow shall occur on or before October 11, 2018,
which date shall be referred to as the "Close of Escrow". At the discretion of the Director
of Maricopa County Real Estate Department, escrow may be extended by not more than
60 days.
1.3. Contract Deposit Escrow. At Close of Escrow Buyer shall be given full credit
against the purchase price for the Auction Deposit and the balance of the reimbursement
fee in the amount of $950.00. In addition, the Buyer shall receive a credit from the Seller
for the sum of three hundred seventy five ($375.00) Dollars representing one-half of the
cost of the preliminary title report.
1.4. Escrow Agent.
a) The escrow agent ("Escrow Agent") referred to in this Agreement shall be as
listed below:
Company : Empire West Title Agency, LLC
Address: 4808 N. 22nd Street, Ste 100
Phoenix,AZ 85016
Officer: Sharon Dyke
b) The Escrow Agent shall deliver the escrow funds in accordance with this
Agreement.

2. SELLER'S REPRESENTATIONS,
a) Seller makes no representations whatsoever regarding conditions or features
of the subject property.
b) Seller further makes no representation as to zoning, access to parcel,
availability of utilities, or development potential of the site.
c) Seller is a political subdivision of the State of Arizona, and therefore is exempt
from paying real property taxes. Upon completion of the recording of the
conveyance deed to the Buyer, Buyer shall become responsible for any real
property taxes and assessments as provided by law.
3. TITLE COMMITMENT.
3.01. Preliminary Title Report. Within the Bid Package, the Seller has provided to Buyer,
at Buyer's expense, a current preliminary title report or commitment for title insurance to be issued
concerning the Property (the "Title Report"). Further, in the event that any updates, supplements
or amendments to the Title Report are subsequently prepared, copies of such documents shall
be delivered to Buyer.
3.02. No Obligation to Act. Except with respect to any title exception intentionally and
voluntarily created by Seller after the issuance of the Title Report, nothing herein shall be deemed
to impose on Seller any obligation to bring any action or proceeding, or to expend any
unreasonable (in Seller's sole and absolute discretion) sum or effort in order to fulfill any condition,
nor shall Buyer otherwise have any right or action against Seller in respect thereof. The Buyer
may procure an extended coverage title insurance policy, if available, at the Buyer's option, in
which event the Buyer shall pay the amount of increased premium and the cost of any survey
necessary to obtain extended coverage title insurance issued through the Escrow Agent in the
form in use on the date of issue, insuring the Buyer in the amount of the Purchase Price of the
Property, that upon Close of Escrow, title to the Property is subject only to the regular printed
exceptions contained in said policy, current taxes and assessments, and such restrictive
covenants of record, easements, reservations in patents and other obligations, liabilities, liens,
encumbrances and other matters as Buyer, in Buyer's sole discretion, may specifically approve,
in writing, or be deemed to have approved.
4. ACCESS TO PROPERTY, Buyer shall not access the Property prior to Close of
Escrow unless Buyer shall first obtain a Right-of-Way Permit from Seller. Any Right-of-Way
Permit issued by Seller to Buyer shall contain a condition allowing a representative of the Seller
to be present at all times Buyer accesses the Property.
5. BUYER'S REPRESENTATIONS AND AGREEMENTS. Simultaneously with execution
of this Agreement, Buyer shall provide proof of legal authority to execute this Agreement and to
consummate all of the transactions hereby contemplated. All required approvals by the
shareholders, partners, members andior Board of Directors of Buyer have been given to allow for
the making and execution of this Agreement.

6. DOCUMENTS. At or before the Close of Escrow, Seller shall deliver to Escrow Agent
the following:
a) A Special Warranty Deed, duly executed and acknowledged on behalf of the
Board of Directors of the Seller, conveying the Property to the Buyer.
b) Such other documents as shall be reasonably required by Escrow Agent as
a condition to insuring title to the Property.
c) If applicable, an Affidavit of Disclosure.
7. BREACH OF AGREEMENT, DAMAGES.
a) In the event of (i) the breach or non-performance of this Agreement by Seller,
or (ii) a default in the performance of any of its obligations hereunder by Seller, then the Seller
shall be liable for all customary escrow cancellation charges and the Contract Deposit shall be
returned to the Buyer. Such payments will be the Buyer's sole and exclusive remedy in the event
of default by Seller. Buyer hereby waives and releases any right to (and hereby covenants that
Buyer shall not) sue the Seller for (a) specific performance, or (b) damages.
b) In the event Buyer fails to close this transaction, other than due to the default
of the Seller, the Buyer shall be liable for all customary escrow cancellation charges and shall
forfeit one-half of the Contract Deposit, plus the cost for the appraisal and the cost of the
preliminary title report, and such charges shall be the Seller's sole and exclusive remedy. Seller
hereby waives and releases any right to (and hereby covenants that Seller shall not) sue the
Buyer for (a) specific performance, or (b) damages. Additionally, upon default, Buyer
acknowledges that Seller may then offer to sell the Property to the second highest bidder at the
price bid by the second highest bidder, under the terms set for in the Bid Package. Buyer further
acknowledges that only upon successful close of escrow with the "subsequent buyer" is Buyer
entitled to a full refund of the Fee Reimbursements.
8. "AS IS, WHERE IS." This sale is in a strict "AS IS, WHERE IS" condition, as set forth
in the "Bid Package".
9. BROKER. There is no Real Estate Broker, the parties represent each to the other that
no Real Estate Broker is responsible for negotiating this transaction. If any real Estate Broker
should make a claim for commissions, the party whose action lead to such claim shall be solely
responsible for the resolution of such issue, including the obligation to indemnify, hold harmless
and defend all other parties hereto.
10. NOTICES. No notices, waiver or other communication under this Agreement shall be
effective unless in writing and personally served, sent by certified mail, return receipt requested,
with postage prepaid or by commercial express delivery service providing receipted delivery or
by facsimile transmissions provided confirmation of the completed transmission shall be retained.
All such notices shall be addressed to the parties at the addresses noted herein above. If
personally served or sent via commercial delivery service, any such matter shall be deemed given
at the time of such service or, if by mail, at the time of depositing same in a post office box regularly
maintained by the United States Postal Service.

11. ASSIGNMENT. The within Agreement may not be assigned by Buyer without the
written consent of the Seller. Because the Buyer was the successful bidder at public auction, the
Seller has the absolute discretion whether to consent to or deny any proposed assignment.
12. GENERAL PROVISIONS:
a) Date of Agreement. The date of this Agreement for all purposes where such
date is referenced herein shall be the date on which the Maricopa County Board of Directors of
the Flood Control signs this Agreement, which date shall be inserted at the top of the first page
hereof.
b) Counterparts. This Agreement may be signed in any number of counterparts
with the same effect as if the signatures thereto and hereto were upon the same instrument.
C) Applicable Law. This Agreement and the performance hereof shall be
governed, interpreted, construed and regulated by the laws of the State of Arizona.
d) Severability. If any term, covenant, condition or provision of this Agreement, or
the application thereof to any person or circumstance shall, at any time or to any extent, be invalid
or unenforceable, the remainder of this Agreement, or the application of such terms or provision
to persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby, and each term, covenant, condition and provision of this Agreement shall
be valid and be enforceable to the fullest extent permitted by law.
e) Interpretation. Wherever herein the singular number is used, the same shall
include the plural, and the masculine gender shall include the feminine and neuter genders, and
vice versa, as the context shall require.
f) Section Headings. The Section headings in this Agreement are inserted only
as a matter of convenience in reference and are not to be given any effect whatsoever in
construing any provision of this Agreement.
g) Time. Time is of the essence of this Agreement. At the discretion of the
Director of the Maricopa County Real Estate Department, escrow may be extended by not more
than 60 days. Unless otherwise indicated, all periods of time referred to in this Agreement shall
refer to calendar days and shall include all Saturdays, Sundays and State or national holidays,
provided that if the date or last date to perform any act or give any notice with respect to this
Agreement shall fall on a Saturday, Sunday or State or national holiday, such act or notice may
be timely performed or given on the next succeeding day which is not a Saturday, Sunday or
State or national holiday.
h) Waiver. Failure of any party to exercise any right or option arising out of a
breach of this Agreement shall not be deemed a waiver of any right or option with respect to any
subsequent or different breach, or the continuance of any existing breach.
i) Governing Law. This Agreement shall be deemed to be made under, and shall
be construed in accordance with and shall be governed by, the laws of the State of
Arizona, and arbitration proceedings, if applicable, or suit to enforce any provision of this
Agreement or to obtain any remedy with respect hereto may be brought in the Superior
Court of the State of Arizona, Maricopa County, and for this purpose each party hereby

expressly and irrevocably consents to the jurisdiction of said Court. This contract is
subject to A.R.S. 38-511 and may be canceled pursuant thereto.
j) Expiration of Offer. Buyer shall execute this Agreement on date of auction and
Seller shall execute and deliver into escrow within 15 days after approval of the Board of Directors.
Upon Buyer's execution, this Agreement shall constitute an offer, which if not accepted by Seller's
execution and delivery to Escrow Agent within 15 of days of said Board approval, shall be deemed
to expire and be of no further force or effect, unless extended or otherwise agreed to by Buyer in
writing.
BUYER:
By:
By:
Kr)stina M. Egleyt
Date: (W/V
STATE OF ARIZONA
)ss
COUNTY OF MARICOPA )
Before me, , Notary Public in and for said County, State of
Arizona, on this day p sonally appeared Jeffrey A. Egley and Kristina M. Egley, known to me to
be the person whose name is subscribed to the forgoing instrument.
,
Given under my hand and seal of the office this day of .74 t4/10.../
2018.
/°-
SEELEY
1,..:201, NIARICOFAGOre utAc - State of rt,..r.rta
. Expifee 19, 2421

ACCEPTANCE BY ESCROW AGENT
Th Purchase Agreement & Escrow Instructions are accepted on this 5?O. day of
, 2018, No funds will be deposited Into the escrow account, with escrow
ening upon receipt of the fully executed Agreement.
ESCROW AGENT:
By:
RECOMMENDED FOR APPROVAL: APPROVED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
i Iz i.
f/3/7/97i
Mib I A. Fulton, Director -Date Chairman of the Board Date
ATTEST:
Michelle Colby, SRIW Da
Director, Real Estate Department
Clerk of the Board Date

STATE OF ARIZONA
)ss
COUNTY OF MARICOPA )
Before me, , Notary Public in and for said County, State of
Arizona, on this day personally appeared known to me to be
the person whose name is subscribed to the forgoing instrument as Chairman of the Board of the
Political Subdivision in the foregoing instrument.
Given under my hand and seal of the office this day of
20
Notary Public (signature)
APPROVED AS TO F• and within the powers and authority granted under the laws of the
State of Arizona a 1 ar opa County
Flood Coertrol Ditrict General Counsel Date

Parcel No 202-21-031Q
SKUNK CREEK MITIGATIOIM
Item No A008-016-EX
EXHIBIT "A"
All of that certain property known as AssesSor parcel number 202-21-031Q; Said
property is situate ill the Northwest •quarter of Section T6.N, R3E of the
G&SRB&M, MarlCopa County, Arizona, described in the Warranty Deed recorded at
record number 20024003075, in the office of the Recorder, Maricopa County.
The above described property contains 1091 acre S more or less,
Page 1 of I
ELopt) CONTROL OIS.TkICT QF ti"AtIOOPA cOUNT?
Prelim: 1'22-261g tfik: Appr: D)-21.zam.,
ROY:
Maricop'a County 7 lkoai Estate ri.epartrapnt
GikAINTOR DATE
00-VE111" "A"

Date: 1-22-2018 • on—, I—•—•
NW COR
SEC 8
61\1,3.E
202-21-0180
202-21-056A
CQR SW4 N W4NW4
WEST CI ROLE MOUNTAIN ROAD
202-- 2t-055D Roadway Eciserngrit 1956-0072378
NE CQR •SW4
1 S lin Q 1\10-th 132' N W4 NW4
. A008-01 5-EX "
018H 202-21-031Q
202-2i-
202-21-0184,
SE COR SW4
NW4 N W4
SW COR SW4 NW4NW4
-032A
202-21 -. -031U
:20.2-21
W4 QQR
SEC. 8
6N 3E A008-01 5-EX
Parcel Roferanbc):
2002-1003075
1992-0087931
SQ. FT: ACRES
A008-0i&-EX 134,344 3,00.1 EXHIBIT TO ACCOMPANY LEGAL IDESCRIPTION
SKUNK CREEK MITIGATION PROJECT