A. D22560.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Division
EXEMPT ARS 11-1134, A3
AGREEMENT FOR COST-TO-CURE COMPENSATION
Irrigation Well
Parcel No.: 101-45-006G
Project No.: TT0511
Project Name: MC85 at 83r d Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22560 (pm)
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona and Dean W. Stockdale and Kimberly L. Stockdale, Trustees of the Dean W. and
Kimberly L. Stockdale Trust dated April 21, 2005 and shall become effective upon acceptance
by the Maricopa County Board of Supervisors. Maricopa County and Dean W. Stockdale and
Kimberly L. Sthckdale, Trustees of the Dean W. and Kimberly L. Stockdale Trust dated
April 21, 2005, shall collectively be referred to herein as the "Parties."
RECITALS
WHEREAS, Maricopa County has acquired a portion of real property ("Property") owned
by Dean W. Stockdale and Kimberly L. Stockdale, Trustees of the Dean W. and Kimberly L.
Stockdale Trust dated April 21, 2005 ("Owner");
WHEREAS, in order to accomplish the proposed roadway improvements, the existing
inoperable well, ADWR Registration No. 55-603758 located on the property must be relocated.
WHEREAS, the Parties agree that Owner, for the payment as hereinafter defined, shall
enter into a contract for compensation due for the relocation of the well.
Page 1 of 6

Parcel No.: 101-15-006G
Project No.: TT0511
Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Aye)
Item No.: D22560 (pm)
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.
MAR1COPA COUNTY AGREES:
1. To issue a warrant in the amount of Three Hundred Fifteen Thousand Six
Hundred Ninety One and 08/100 DOLLARS ($315,691.08) payable to Dean W. Stockdale and
Kimberly L. Stockdale, Trustees of the Dean W. and Kimberly L. Stockdale Trust dated
April 21, 2005 as Payment in full for cost-to-cure ("Payment"). The Payment is broken down as
follows:
Inoperable Well (Quotes provided by Weber Water Resources)
New Irrigation Well comparable to existing well $352,325.08
Cost to make existing well operable (less) $ 36,634.00
TOTAL $315,691.08
2. The County agrees to indemnify and hold harmless Dean W. Stockdale and
Kimberly L. Stockdale, Trustees of the Dean W. and Kimberly L. Stockdale Trust dated April
21, 2005 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.
Page 2 of 6

Parcel No.: 101-15-006G
Project No.: TT0511
Project Name: MC85 at 83r d Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22560 (pm)
Dean W. Stoekdale and Kimberly L. Stoekdale, Trustees of the Dean W. and Kimberly L.
Stoekdale Trust dated April 21, 2005 AGREES:
1. To accept the sum of Three Hundred Fifteen Thousand Six Hundred Ninety One
and 08/100 DOLLARS ($315,691.08) as full and final payment for the relocation of the well.
2. Owner acknowledges and agrees the Payment constitutes full and final payment for
the work associated with the relocation of the existing well ("Work"). Owner further
acknowledges and agrees the Payment is based upon quotes provided to the County by Weber
Water Resources.
3. Owner agrees to indemnify, defend and hold harmless Maricopa County from
damages and claims arising out of the negligence or willful acts or omissions of the Owner, its
agents, partners, tenants, employees or contractors in connection with the well relocation.
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.
Page 3 of 6

Parcel No.: 101-15-006G
Project No.: TT0511
Project Name: MC85 at 83' Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22560 (pm)
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.
Page 4 of 6

Parcel No.: 101-15-006G
Project No.: T'T0511
Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22560 (pm)
Dated this a.A1 day of Fe 1, pAle , 7 , 20)
Grantor(s): Dean W. Stockdale and Kimberl y L. Stockdale, Trustees of the Dean W. and
Kimberly L. Stockdale Trust dated April 21, 2005.
Dean W. Stockdale, as Trustee
STATE OF NzO r .
) ss
COUNTY OF \ • CA.1" i
The fpregoing instrument was acknowled ged before me this day of :Fe.A.,„
20111)y Dean W. Stockdale, as Trustee and Kimberly L. Stockdale, as Trustee.
L Org
My Commission Expires km1 el_ 7-0L k
NATHAN ANAYA
Notary Nilotic - Arizona
Maricopa County
My Comm. Expires Jun 8,2021
Notary Stamp Seal
Page 5 of 6

Parcel No.: 101-15-006G
Project No.: TT0511
Project Name: MC85 at 83r d Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22560 (pm)
RECOMMENDED FOR APPROVAL:
Right-of-Way Agent
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 6 of 6