B. D23244.PDF

When recorded, Interoffice Mail to:
Real Estate Division
EXEMPT ARS 11-1134, A3
AGREEMENT FOR COST-TO-CURE COMPENSATION
Parcel No.: 304-89-066V (a portion of)
Project No.: 'TT0406 Riggs Road (Power
Road to Hawes Road)
Item No.: D23244 [PM]
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona, and Osiel Rodriguez and Marten Rodriguez, husband and wife, and shall become
effective upon acceptance by the Maricopa County Board of Supervisors. Maricopa County and
Osiel Rodriguez and Marten Rodriguez, husband and wife, shall collectively be referred to
herein as the "Parties."
RECITALS
WHEREAS, Maricopa County has acquired a portion of real property ("Property") owned
by Osiei Rodriguez and Marten Rodriguez, husband and wife.
WHEREAS, located within the Property acquired by Maricopa County is a gated driveway
entrance.
WHEREAS, the Parties agree that Osiel Rodriguez and Marten Rodriguez, husband
and wife for the Payment as hereinafter defined, shall enter into a contract to cause the gated
driveway entrance to be constructed in accordance with the terms set forth below.
///
///
///

Parcel No,: 304-89-066V (a portion of)
Project No.: TT0406 Riggs Road (Power
Road to Hawes Road)
Item No.: D23244 [PM]
AGREEMENT
THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the parties hereby agree as follows:
I. The Recitals, by this reference, are incorporated herein and made a part of this
Agreement.
MARICOPA COUNTY AGREES:
I. To issue a warrant in the amount of Fifteen Thousand Six Hundred Thirty Three
DOLLARS AND 52/100 ($15,633.52) payable to Osiel Rodriguez and Marten Rodriguez,
husband and wife, for cost-to-eure payment ("Payment"). The Payment is broken down as
follows per bids supplied by First Impression Security Door, Inc., Bright Light Electric, LLC, JD
Concrete and for permit resubmittal fee :
First Impression Security Door bid —$11,995.00
Bright Light Electric bid =$ 2,288.52
JD Concrete bid —$ 1,200,00
Permit resubmittal —$ 150.00
TOTAL - =$15,633.52
2

Parcel No.: 304-89-066V (a portion of)
Project No.: TT0406 Riggs Road (Power Road to
Ilawes Road)
Item No,: D23244 [PM]
Osiel Rodriguez and Marlen Rodriguez, husband and wife, AGREE:
1. To accept the sum of Fifteen Thousand Six Hundred Thirty Three DOLLARS AND
521109 ($15,633.52) for the construction and installation of the gated driveway
entrance as detailed on page above.
2. (Niel Rodriguez and Marlen Rodriguez, husband and wife, acknowledges and
agrees the Payment constitutes full and final payment for the work associated with the
construction and installation of the gated driveway entrance ("Work"). Osiel
Rodriguez and Marien Rodriguez, husband and wife, further acknowledges and
agrees the Payment is based upon estimates obtained by Osiel Rodriguez and Marlen
Rodriguez, husband and wife, and provided to Maricopa County. Therefore, should
the actual cost of the Work exceed the Payment, Osiel Rodriguez and Marlen
Rodriguez, husband and wife, 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. That Maricopa 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.
4. Osiel Rodriguez and Marlen Rodriguez, husband and wife, agree to indemnify,
defend and hold harmless Maricopa County from damages, and claims, arising out of
the negligent or willful acts or omissions of Osiel Rodriguez and Marlen Rodriguez,
husband and wife, their agents, partners, tenants, employees, or contractors in
connection with the work.
3

Parcel No.: 304-89-066V (a portion of)
Project No.: TT0406 Riggs Road (Power Road to
Hawes Road)
Item No.: D23244 [PM]
GENERAL TERMS:
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.
4

Parcel No.: 304-89-066V (a portion of)
Project No.: TT0406 Riggs Road (Power Road to
Hawes Road)
Item No.: D23244 [PM]
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,
II, 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.
5

Parcel No.: 304-89-066V (a portion of)
Project No.: 'TT0406 Riggs Road (Power Road to
Hawes Road)
Item No.: D23244 [PM]
Dated this 79'—day of F-e_bruarv , 20 g-
Grantor(s): Osiel Rodriguez and Mallen Rodriguez
STATE OF A r vi
) ss
COUNTY OF 1149-6/(y)(4
The foregoing instrument was acknowledged before me this day of Fa nAarg
201R'by Osiel Rodriguez and Marten Rodriguez
My Commission Expires 16 I Vo.106
Notary Publicicstriature
Michele Smith
Notary Public
Pine! County, Arizona
My Comm. Expires 10-3-2020
Notary Stamp Seal
6

Parcel No.: 304-89-066V (a portion of)
Project No.: 'TT0406 Riggs Road (Power Road to
Hawes Road)
Item No.: D23244 [PM]
RECOMMENDED FOR APPROVAL:
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
1/1
hi
7