ADDENDUM TO PURCHASE AGREEMENT 1222018.PDF

ADDENDUM TO PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This Addendum to the Purchase Agreement and Escrow Instructions, by and
between Maricopa County, a political subdivision of the State of Arizona (Seller) and
04, LLC, an Arizona limited liability company, (Buyer) amends and replaces in its
entirety paragraph 4 ACCESS TO PROPERTY.
Paragraph 4 is superseded and replaced by the following:
4.01 Buyer's Right of Entry
Upon full execution of this Agreement, Buyer and its agents or assigns, shall
have the right to enter the Property, at their sole cost and expense, for the
purposes of conducting a non-invasive site inspection and/or a Phase I
environmental assessment. Seller has no obligation to cure or remove any
matter found as a result of the Buyers due diligence investigations.
4.02 Notification of Entry
Buyer must notify Seller of any dates Buyer will be on the Property to
provide Seller with the opportunity t to be present (if so desired) at all times
Buyer accesses the Property. Contact for Seller for this purpose is Steven
Warburton, at StevenWarburtonAnnail.nnaricoga.gov or Holli Lawton at
HolliLawton@mail.maricopa.qov.
4.03 Insurance
If Buyer chooses to enter the property for the purposes of conducting non-
invasive due diligence inspections contemplated above, Buyer shall obtain
and keep in force during the term of entry, a commercial general liability
insurance policy with a combined single limit of not less than $2,000,000
covering single limit coverage per occurrence for bodily injury, personal
injury and property damage and workers' compensation with limits not less
than $2,000,000 for each accident, $2,000,000 disease for each employee,
and $2,000,000 disease policy limit. All policies of insurance required to be
provided hereunder by Buyer shall be issued by insurer(s) licensed and
qualified to do business in the State of Arizona, with a current A.M. Best
Company rating of at least B-1-+VII. Prior to entry, Buyer shall deliver to
Seller certificates of insurance, evidencing the existence and amounts of
the policies of insurance required pursuant to this section, as well as the
deductibles.

4.04 Reports
Seiler shall be named as a party authorized to view and rely on the results
of any reports(s) produced by or on behalf of Buyer as a result of Buyer
Investigations contemplated above and shall be provided with a copy of any
such reports at Buyer's expense.
4.05 Damages
Buyer shall be solely responsible for any damage Buyer causes to the
Property prior to the Close of Escrow.
4.06 Claims arising out of entry
To the extent not prohibited by law, Buyer, and its agents or assigns, agree
to indemnify, defend, and hold harmless the Seller, as indemnitee, from and
against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as Claims)
arising out of Buyer's or its officers, officials, agents, employees, or
contractors entry on to the Property for the purposes of conducting the
investigations, surveys, and inspections contemplated above but only to the
extent that such Claims are caused by the act, omission, negligence,
misconduct, or other fault of the Buyer and its officers, officials, agents,
employees, or contractors..
All terms and conditions of the Purchase Agreement and Escrow Instructions are hereby
incorporated except 4. ACCESS TO PROPERTY and remain the same.

IN WITNESS WHEREOF, the parties have hereunder set their signatures as of the
date written below.
BIDDER: 04
By:
Title:
Date: iY go tg
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)
Before me, 'VI kr,yxcA\ , Notary Public in and for said County, State of
Arizona, on this day personally appeared ‘,04\9\ Ac.,3 Es—K. , known to
me to be the person whose name is subscribed to the forgoing instrument.
Given under my hand and seal of the office this 14th day of December,
2017.
Deborah M Fisher iLko
Notary Public
Maricopa County, Arizona NOTARY PUBLIC
My Comm. Expires 07-29-18

RECOMMENDED FOR APPROVAL:
CALLA)(
C. Michelle Colby, SR Jennifer Toth, RE.
Director, Real Estate Department Director, Maricopa County Department
of Transportation
ACCEPTED AND APPROVED
MARICOPA COUNTY BOARD OF
SUPERVISORS
By
Chairman of the Board
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)
Before me, , Notary Public in and for said County,
State of Arizona, on this day acknowledges
known to me to be the person whose name is subscribed to the foregoing instrument as
the Chairman of the Board of the Supervisors described in the foregoing instrument.
Given under my hand and seal of the office this day of , 20
My Commission Expires
Notary Public (signature)
Approved as to form and within the powers
and authority of the Board of Supervisors
Approved as to form /(1( Date:
Deputy Maricopa County Attorney