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WREN RECORDED RETURN TO:
Maricopa County
Real Estate Department
EXEMPT ARS 11-1134, A3
AGREEMENT FOR COST-TO-CURE COMPENSATION
El Mirage Avenue Entrance
Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona and Premiere RV & Mini Storage, LLC, an Arizona limited liability company and shall
become effective upon acceptance by the Maricopa County Board of Supervisors. Maricopa
County and Premiere RV and Mini Storage, LLC, an Arizona limited liability company shall
collectively be referred to herein as the "Parties."
RECITALS
WHEREAS, Maricopa County is acquiring a portion of real property ("Property") owned
by Premiere RV & Mini Storage, LLC, an Arizona limited liability company ("Premiere");
WHEREAS, in order to accomplish the proposed roadway improvements, the existing
entrance of Premiere on El Mirage Road shall be closed and a new main entrance shall be
constructed for Premiere's daily traffic and established customers.
WHEREAS, the Parties agree that Premiere, for the payment as hereinafter defined, shall
enter into a contract to cause the existing entrance on El Mirage road to be closed and a new
entrance to established on El Mirage road.
ffl
Page of 7
Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
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 Sixty Nine Thousand Eight Hundred
Seventy Six Dollars ($69,876.00) payable to Premiere RV & Mini Storage, LLC, an Arizona
limited liability company as Payment for cost-to-cure ("Payment"). The Payment is broken
down as follows:
Desert West Industries LLC (General Contractor)
1. Trenching $2,987.00
2. Flag Pole removal crane rental 4630 $350.00
3. 75 feet of new block wall with two (2) entry gates 4632 $3,875.00
4. Close existing entrance on El Mirage 4631 $3,800.00
5. Open new entrance on El Mirage 4633 $2,312.50
6. Install New 26' rolling gate at new entrance 4634 $4,812.50
7. Remove and relocate wrought iron fence & rolling gate 4635 $2,357.00
8. Conventional freestanding carport 4636 $8,516.20
9. Install metal panels to enclose existing parking area 4637 $6,087.50
10. Remove rock and concrete in front of manufactured home 4638 $500.00
11. Install new Asphalt in front of manufactured home 4639 $2,300.00
12. Install temporary Asphalt at new entrance 4640 $3,500.00
13. New irrigation and plants in front of manufactured home 4641 $1,000.00
14. Paint new block walls and existing interior walls 4642 $2,500.00
15. Paint and striping of new entrance 4643 $1,000.00
16. Removal of existing sign 4649 $4,000.00
17. General Contractor Project Management 4648 $8,069.66
18. Electrical power to new sign $3,900.00
Cox Armored Mini Storage Management Inc.
Project oversight and organization $5,000.00
Yseco
Manufacture and install (1) new double face pole sign. Internally illuminated $23,208.00
TOTAL-rounded $90,076.00
Less withdraw already received by owner <$20,200.00>
Balance of Cost to Cure to Premier RV & Mini Storage, LLC $69,876.00
Page 2 of 7
Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
2. The County agrees to indemnify and hold harmless Premiere RV & Mini Storage, LLC
and/or its tenants for damages and claims arising out of the negligent or willful acts or omissions
of Grantee, its employees, officers and agents, in the exercise of Grantee's rights pursuant to the
terms of this Cost to Cure Agreement.
Premiere RV & Mini Storage, LLC AGREES:
1. To accept the sum of Sixty Nine Thousand Eight Hundred Seventy Six Dollars
($69,876.00) as full and final payment for the construction of the El Mirage entrance as detailed
on page 2 above.
2. Premiere acknowledges and agrees the Payment constitutes full and final payment
for the work associated with the construction of the El Mirage road entrance ("Work"). Premiere
further acknowledges and agrees the Payment is based upon estimates obtained by Premiere and
provided to Maricopa County. Therefore, should the actual cost of the Work exceed the Payment,
Premiere 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.
3. To complete all Work as described herein by July 31, 2018 ("Completion Date").
Premiere acknowledges the importance of the Completion Date and further acknowledges
Maricopa County cannot and will not extend the Completion Date. Therefore, if Premiere fails to
complete the Work by the Completion Date, Maricopa County shall not be liable to Premiere for
any and all damages to real property, improvements or any other damage otherwise suffered by
Premiere.
4. To assume responsibilities for any and all maintenance and repair of the El Mirage
road entrance as well as the closure of the existing entrance on El Mirage road and construction of
the new entrance to established on El Mirage road.
5. 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.
6. To coordinate with the appropriate jurisdictions for the proper installation and
construction of the new El Mirage road entrance and the closure of the existing El Mirage road
entrance.
7. Premiere agrees to indemnify, defend and hold harmless County from damages,
and claims, arising out of the negligent or willful acts or omissions of Premiere its agents, partners,
tenants, employees, or contractors in connection with the work.
Page 3 of 7
Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
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.
Page 4 of 7
Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
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.
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 seq. 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.
Page 5 of 7
Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
Dated this ottitiO day of iifOifq , 20S
GRANTOR: Premiere RV & Mini Storage, LLC, an Arizona limited liability company
By
(Sfg-nature)
Its:
(Title)
STATE OF ARIZONA
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of ifi2raa
20 /7, by bifyief its , of
(Name of Officer) (Title
Premiere RV & Mini Storage, LLC, an Arizona limited liability company, on behalf of the
company.
My Commission Expires
Notary Stamp Seal
Page 6 of 7
Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
RECOMMENDED FOR APPROVAL:
4-t
o f-Way.AT egoti aibr Right of Way Supervisor
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 authority of the Board of Supervisors
Deputy County Attorney Date
Page 7 of 7
Desert West Industries LLC Estimate
PO Box 1533
Date Estimate #
Litefield Park, AZ 85340
11/14/2017 629
Name / Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is for the following:
Trenching for installation of security camera cabling and power and ‘
cabling for keypad located at new entrance on Northern Avenue. -1---7
Included: ,
350' of trenching to be used for installation of security camera and
keypad cabling and power,
Backfill of trench.
2,987.00 2,987.00
'
Thank you for your business.
Total $2,987.00
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litefield Park, AZ 85340
11/1412017 630
Name / Address
Premier RV & Mliii Storage
8030 N. El Mirage Rd.
El Mirage, Al 85335
Project
Description Qty Rate Total
This estimate is for the following:
Removal of -flag pole.
Included:
Crane rental to remove flag pole
Labor
350.00 350.00
Thank you for your business. Total $350.00
Desert West industries ILLC Estimate
PO Box 1533 Date Estimate #
Litefield Park, AZ 85340
11/14/2017 632
Name / Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
— ,
Description Qty Rate Total
This estimate is for the following:
Install a block wall in front of modular home.
Included:
75' of.block wall consisting of 4" X 8" X 16" gray-cinder block with
two (2) 40" man gates on each end to allow access to home.
Mortar, rebar and misc. components required to complete job.
3,875.00 3,875.00
/1 j '
'\/60ttl ( k' 50tiOd Oginii-
)
.._,
' / 1 IIMA- tt -a
,
Thank you for your business. Total $3,875.00
Desert West Industries LLC Estimate
PO Box 1533 Date
UtakId Park, AZ 85340
11114/2017 ME
Name I Address
Premier RV Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is ibr the lbllowing:
Closure of existing opening located on ElMirage Road.
,
Included:
'installation of twenty five feet (25') of 4" X 8" X16" gray cinder
block with three rows of 8" X 8" X 16" gray cinder block on
bottom.
Mortar, mbar and misc. components required to complete job.
3,800.00 3,800.00
.....
Thank you tbr your business. Total .$3,800.00
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litetield Park, AZ 85340
11/14/2017 633
Name / Address
Premier RV & lvliai Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is for the following:
Open a new entrance on ElMirage Road
Included:
Removal of 25' of existing block wall
Removal of 4" of existing -footing.
2,312.50 2,312.50
Thank you for your business. Total $2,312.50
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litefield Park, AZ 85340
11/14/2017 MEM
Name / Address
Picmier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description t Qty Rate Total
This estimate is for the following:
Install a new rolling gate at new entrance on ElMirage Road,
Included:
One (1) 26' long by 8' 4" tall rolling wrought iron gate.
Gate will be constructed of 3" square tubing for frame, 3/4" square
tubing arrow point pickets set at 5" center spacing.
Mesh will cover entire length of gate up to 4' high.
Posts are constructed of 4" square tubing.
Angle iron track mounted in concrete for gate to roll on.
All gate parts to be painted black.
4,812.50 4,812.50
_
() t p 0 me Coif
1
5-71(' _V/16. W ) ( 90214)
Thank you for your business. Total $4,812.50
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litefield Park, AZ 85340
11/14/2017 635
Name / Address
Premier RV Sc. Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Qty Rate Total '
Description
This estimate is for the following:
Remove and relocate-existing wrought iron fence.
Included:
Removal of existing wrought iron fence and rolling gate located
inside of existing entrance to secure storage area and open
additional parking space. .
Fencing will be installed in arcs as indicated on attached drawing.
2,357.00 2,357.00
(7).)
Thank you for your business. Total $2,357.00
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litcfield Park, AZ 85340
11/14/2017 636
Name / Address
Premier RV &Mini Storage
8030 N. El Mirage Rd.
El iv!nage, AZ 85335
Project
Description Qty Rate Total
This invoice is for the following:
Conventional Freestanding Car Port Cover
Included:
Car port 18 projection X 20' wide.
6 - 3" posts in 30" concrete footers
3.5" "W" pan
7" X 4" I" beam header with "0" hanger
Fascia around perimeter.
8,516.20 8,516.20
: ,
1 ,
itWIPA Or at i '-1 li
' i 1
Thank you for your business. Total ' $8,516.20
Desert West Industries TLC Estimate
PO Box 1533 Date Estimate #
Litcfield Park, AZ 85340 ME
11/14/2017
Name / Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ. 85335
Project
Description , Qty Rate Total
This estimate is for the following:
Enclose existing parking area.
Included: ,
Install a galvanized steel wall 40 long by 10' high on South side of
existing parking structure. Wall will be attached to existing structure
and new 3" X 3" posts will he installed with 2" X 6" pourlines.
6,087.50 6,087.50
Aed Uualli
Thank you for your business. Total $6,081.50
•
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate it
Litefield Park, AZ 85340
11114/2017 638
Name (Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is for the %flowing:
Remove rock and concrete in front or modular home to allow
installation of new block fence and asphalt paving.
Included:
Remove approximately 126 cubic feet of landscaping rock.
Remove" approximately 84 cubic feet of concrete.
500.00 500.00
Thank you for your business. Total $500.00
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litcfield Park, AZ 85340
11/14/2017 639
Name / Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ, 85335
Project
Description Qty Rate Total
This estimate is for the following:
Install new asphalt paving in front of modular home where rock and
concrete were removed.
Included:
Paving and grading to widen driveway into property from EiMirage
Road.
2,300,00 2,300,00
• 11 9Y1411- ifr/1,11,/
Thank you for your business. Total $2,300.00
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litcfield Park, AZ 85340
11/14/2017 640
Name / Address
Premier RV & Mini Storage
8030 N. A Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is for the following:
Temporary entrance from ElMirage Road through new gate
entrance.
Included:
Paving and grading of approximately a 580' area to provide
temporary access from E1Mirage Road onto properly.
3,500.00 3,500.00
Thank you 1hr your business. Total $3,500,00
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
LitefieId Park, AZ 85340
11/1412017 641
Name / Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is for the following:
Install new irrigation and plants in front of riew fence.
Included:
Plants and irrigation plumbing.
1,000,00 1,000,00
- Ockti
a4,(f (4,161-4.1filw/ ,
OW (InL9 KO p.,G4-----
14 t
Thank you for your business. Total 51,000,00
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litetield Park, AZ 85340
11/14/2017 642
Name (Address
Premier RV 8e. Mini Storage
8030 N. El Mirage Rtl.
El Mirage, AZ 83335
Project
Description Qty Rate Total
This estimate is for the following:
Paint interior of fence being disturbed during construction.
Included; ,
Painting of approximately 200 square feet of new block wall used to
close in existing entrance.
Painting of approximately 2500 square feet of block wall to match .
new section being closed in.
2,500.00 2,500.00
Thank you tor your bus mess. Total $2,500.00
Desert West Industries LLC Estimate
PO Box 1533 Date Estimate #
Litcfield Park', AZ 85340
11/14/2017 643
Name /Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
I
Description Qty ; Rate Total
This estimate is for the following:
Painting and sniping for traffic control.
Included:
Painting of traffic flow arrows and striping to control traffic entering
from ElMirage Road for safety.
Sec attached drawing for example.
-- .? 1,000.00 1,000.00
.. 0, 1
i
_
Thank you for your business. Total $1,000.00
Desert West Industries LLC Estimate
PO Box 1533
LW-1dd Park, AZ 85340 Date Estimate #
11/1412017 649
Name / Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is for the following:
Removal of existing property sign.
Included:
Equipment and tools to remove sign.
Labor
4,000.00 4,000.00
Thank you for your business. Total
$4,000.00
Desert West Industries LLC Estimate
PO Box 1533
Date Estimate #
Litefield Park, AZ 85340
11/14/2017 648
Name / Address
Premier IW & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is tor the following:
Project management.
Included: .
Project management for all phases of the ElMirage Road entrance
project excluding the installation of the new sign.
8,069.66 8,069.66
'
Thank you for your business. Total $8,069.66
Desert West Industries LLC Estimate
PO Box 1533
Date Estimate #
Litefleld Park, AZ 85340
11/14/2017 647
Name / Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Qty Rate Total
This estimate is for the following:
Electrical power fro now sign location.
Included:
New breaker, conduit, wire and misc. components to install power
to new sign.
Approximately 250 of trenching and back tilt for conduit.
Labor
3,900.00 3,900.00
Thank you for your business. Total
$3,900.00
Invoice
Date Invoice #
2/200018 126775
Cox Armored Mini Storage
Management Inc.
Phoenix, AZ 85016
Bill To
Premier RV & Self Storge
8030 N. El Mirage Road
El Mirage, AZ 85335
Description "Qty Rate Amount
2014 - Meetings @ Premiere RV with owner for planning of site reconJruetion for4Dc1T- /7- 10 100.00 1,000.00
activities on Northern/E1 Mirage Road Ate . . „. .
2015 - Meetings @ Premiere RV with owner for review of Allgrequirements and the 10 100.00 1,000.00
affect of those requirements on access restrictions and tenant services.
2016.. Meetings @ Premiere RV with owner/Premier Coachworks on the affect of Ttaffic 10 100.00 1,000.00
Flow due to proposed Now Entrance at the site. Meetings with various
Engineering/Architectural personnel on drawings etc. new entrance.
2017 - Meetings @ Premiere RV with owner/Construction Contractors for the coordination 10 100.00 1,000.00
of site construction on new entrance to meet --ABOT requirements.
2018. Meetings @ Premiere RV with owner/Construction Contractors for the coordination 10 100.00 1,000.00
of site construction on new entrance to meet ADOT requirements
-
'
_.
Total $5,000,00
Phone # Email Web Site
602979690 DEBBIE@COXARMORED.COM www.coxannored.com
1011 YES
Proposal
For Work at: Billing Address: Account Executive:
Dan Tenn Dan Tenn 060112 Glenn C Probert
Premiere RV & Self Storage Premiere RV & Self Storage YESCO - Phoenix
8030 El Mirage Rd 8030 El Mirage Rd 6725 West Chicago Street
El Mirage AZ 85335 El Mirage AZ 85335 Chandler AZ 85226
United States United States United States
fimp. • Pratto'sal No, Project • Pricing Valid Until Payment -Terms Deposit Amount
5/9/2017 PRY-00631 Premier RV & Self 9/15/2017 $26,551.33
Storage new pole
sign with LED
electronics
Quantity Units ftérii
Arizona Sign Sales $23,208.00
YESCO to manufacture and install (1) one new
double face pole sign. Internally illuminated with
LED lighting. Overall height to be 26'-0". Sign
Cabinet to be 12'-6"X12'-0". Display to be Installed
on a new support pipe and engineered foundation.
r
Arizona Sign Sales
YESCO to provide and install (1) one double face
LED message center. Matrix to be 20mm 32X180,
Training included.
Customer to bring primary power to base of display.
Also provide Cat6 type communication cable from
existing network to selected location on customer
building.
YESCO to pass on manufacturer's warranty. (1) one
year on labor, (5) five years on parts.
Subtotal $51,926.00
Tax Total (%) $2,632.66
Total -_$54 s556.66
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