L. D23451.PDF

WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
EXEMPT ARS 11-1134, A3
Pm I VA,
AGREEMENT FOR COST-TO-CURE COMPENSATION
Parcel No.: 400-06-005A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23451 (KGR)
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona and Lazy TX Family, LLLP, an Arizona limited liability limited partnership, an
Arizona limited liability company and shall become effective upon acceptance by the Maricopa
County Board of Supervisors. Maricopa County and Lazy TX Family, LLLP, an Arizona limited
liability limited partnership, shall collectively be referred to herein as the "Parties."
RECITALS
WHEREAS, Maricopa County is acquiring a portion of real property ("Property") owned
by Lazy TX Family, LLLP, an Arizona limited liability limited partnership ("Lazy TX Family");
WHEREAS, upon the request of ("Lazy TX Family") in order to accommodate enough
room for farm equipment to maneuver 20 feet south of the proposed new right of way line, a
portion of the existing trees will be removed (see attached aerial exhibit).
WHEREAS, the Parties agree that ("Lazy TX Family"), for the payment as hereinafter
defined, shall enter into a contract to cause an area 20 feet south of the behind the proposed new
right of way line, a portion of the existing trees to be removed.
Page 1 of 6

Parcel No.: 400-06-005A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23451 (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 Ten Thousand Seven Hundred Fifty
DOLLARS ($10,750.00) payable to Lazy TX Family, LLLP, an Arizona limited liability
limited partnership as Payment for cost-to-cure ("Payment").
2. The County agrees to indemnify and hold harmless Lazy TX Family, LLLP, an
Arizona limited liability limited partnership 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 telins of this Cost to Cure Agreement.
Lazy TX Family, LLLP, AGREES:
1. To accept the sum of Ten Thousand Seven Hundred Fifty DOLLARS ($10,750.00))
as full and final payment for the removal of a portion of the existing trees 20 feet south of the
proposed new right of way line.
2. Lazy TX Family acknowledges and agrees the Payment constitutes full and final
payment for the work associated with the removal of a portion of the existing trees ("Work"). Lazy
TX Family LLLP farther acknowledges and agrees the Payment is based upon estimates obtained
from BWCDD Buckeye Water Conservation & Drainage District and provided to Maricopa
County. Therefore, should the actual cost of the Work exceed the Payment, Lazy TX Family LLLP
shall not be entitled to additional compensation for the Work. Likewise, should the actual cost of
the Work be less than the Payment, Marieopa County shall not be entitled to be reimbursed for the
difference between the actual cost and the Payment.
Page 2 of 6

Parcel No.: 400-06-005A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23451 (KGR)
3. To complete all Work as described herein by June 30, 2018 ("Completion Date").
Lazy TX Family, LLLP acknowledges the importance of the Completion Date and further
acknowledges Maricopa County earmot and will not extend the Completion Date. Therefore, if
Lazy TX Family, LLLP fails to complete the Work by the Completion Date, Maricopa County
shall not be liable to Lazy TX Family, LLLP for any and all damages to real property,
improvements or any other damage otherwise suffered by Lazy TX Family, LLLP.
4. To assume responsibilities for any and all maintenance of the area that is to be
cleared of trees.
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 removal of the
portion of the trees to be removed.
7. Lazy TX Family, LLLP agrees to indemnify, defend and hold harmless County
from damages, and claims, arising out of the negligent or willful acts or omissions of Lazy TX
Family, LLLP its agents, partners, tenants, employees, or contractors in connection with the work.
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.
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Parcel No.: 400-06-005A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23451 (KGR)
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.
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.
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Parcel No,: 400-06-005A
Project No.: TT0548
Project Name: MC85
Project Tettnini: (Liberty School to Cotton Lane)
Item No.: D23451 (KGR)
Dated this / 3 day of ,20
Grantor(s):
Lazy TX Family LLLP, an Arizona limited liability limited partnership
STATE OF
COUNTY OF W (C.0 t)c-
The foregoing instrument was acknowledged before me this 13 day of CA.
2018, by flc , partner/agent AND 440/1`,,v, R'ef , partner/agent on behalf of
(Name) (Name)
Lazy TX Family LLLP, an Arizona limited liability limited partnership,
My Commission Expires 2 ) ly
Notary Public (signature)
CHRISTOPHER L LOVITT
NOTARY PUBLIC, ARIZONA
MARICOPA COUNTY
My Commission Expires
June 23, 200
Notary Stamp Seal
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Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
/0
Real Property Manage?
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chaimian 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
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