F. D23458.PDF

WHEN RECORDED RETURN TO:
Maricopa County Real Estate Department
EXEMPT ARS 11-1134, A3
p&I
AGREEMENT FOR COST-TO-CURE COMPENSATION
Parcel No.: 502-57-006A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23458 (KGR)
This Agreement is entered into by MARTCOPA COUNTY, a political subdivision of the State of
Arizona and Dennis H. Koster and Tamara S. Koster, husband and wife as joint tenants with
right of survivorship, 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 Dennis H. Koster and Tamara S. Koster, husband and wife as joint tenants with right of
survivorship ("Kosters");
WHEREAS, upon the request of ("Kosters") in order to accommodate the removal and
relocation of their two Bee Hives.
WHEREAS, the Parties agree that ("Kosters"), for the payment as hereinafter defined, shall
enter into a contract to cause their two Bee Hives to be relocated.
Page 1 of 6

Parcel No.: 502-57-006A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23458 (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.
MAR1COPA COUNTY AGREES:
1. To issue a warrant in the amount of One Hundred and No/100 Dollars ($100.00)
payable to Dennis H. Koster and Tamara S. Koster as Payment for cost-to-cure ("Payment").
2. The County agrees to indemnify and hold harmless Dennis Koster and Tamara
S. Koster 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.
Dennis H. Koster and Tamara S. Koster, AGREE:
1. To accept the sum of One Hundred and No/100 Dollars ($100.00) as full and final
payment for the removal and relocation of their two bee hive boxes.
2. Dennis H. Koster and Tamara S. Koster acknowledge and agree the Payment
constitutes full and final payment for the work associated with the removal and relocation of their
two Bee Hives ("Work"). Dennis H. Koster and Tamar S. Koster further acknowledge and agree
the Payment is based upon a verbal quote from their bee keeper. Therefore, should the actual cost
of the Work exceed the Payment, Dennis H. Koster and Tamar S. Koster 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.
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Parcel No.: 502-57-006A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23458 (KGR)
3. To complete all Work as described herein by March 1, 2018 (Completion Date").
Dennis H. Koster and Tamara S. Koster acknowledge the importance of the Completion Date and
farther acknowledges Maricopa County cannot and will not extend the Completion Date.
Therefore, if Dennis H. Koster and Tamara S. Koster fail to complete the Work by the Completion
Date, Maricopa County shall not be liable to Dennis H. Koster and Tamara S. Koster for any and
all damages to real property, improvements or any other damage otherwise suffered by Dennis H.
Koster and Tamara S. Koster.
4. To assume responsibilities for any and all maintenance of the area that is to be
cleared of the two bee hive boxes.
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
removal and relocation of the two bee hive boxes.
7. Dennis H. Koster and Tamara S. Koster agree to indemnify, defend and hold
harmless County from damages, and claims, arising out of the negligent or willful acts or omissions
of Dennis H. Koster and Tamara S. Koster 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 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.: 502-57-006A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23458 (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.
Page 4 of 6

Parcel No.: 502-57-006A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23458 (KGR)
Dated this day of nko, ,20p3
Grantors:
Dennis H. Koster and Tamara S. Koster, husband and wife as joint tenants with right of
survivorship
STATE OF A R.1 7-0 OA- )
) ss
COUNTY OF WI CO pik )
The foregoing instrument was acknowledged before me this
20 , by Dennis H. Koster and Tamara S. Koster.
My Commission Expires L.5
Notary Stamp Seal
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Parcel No.: 502-57-006A
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23458 (KGR)
RECOMMENDED FOR APPROVAL:
--77)
// 7
Right-of-Way Agent 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
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