DISCOVERY SITE MODULAR BUILDING PURCHASE C22960224.PDF

MARICOPA COUNTY AGENDA INFORMATION FORM VIL
X Action 0 Presentation 0 Presentation & Action Agenda Number
Department: Human Services DEPT(2) FY(2) SEQ(3) TYPE(1) EXTEN(2)
Category: Head Start Program C-22960224
Contact: Kathy Hayden, Administrator, Head Start Program Phone: 506-4841
Return to: Bob Corley Phone: 506-8747
Action requested: (Include who, what, when, where, why, how much ($) and terms)
Approve and execute a purchase agreement with Glendale Elementary School District No. 40 for the acquisition of a
24' x 60' 1985 CAVCO modular building, serial numbers C-85-2-13564C and C-85-13567C. The purchase price is
$40,000 which includes building improvements and installation at Discovery School, 7900 W. Maryland. Classroom to
be located on the Discovery School campus, 7900 W. Maryland, Glendale. This agreement contains a one year
warranty on improvements.
Supervisory District No. 4
Upon approval, please return (2) sets of original documents to: Facilities Management, Real Estate Services Division,
Attention: Bob Corley, Real Estate Services Manager.
Continued from Meeting of:
Complete description of requested action: (Include, if applicable, background, impact, long-term commitment)
The Head Start Program is funded through Federal grants. This acquisition will allow for the administration of this
program for the participating citizens in this area of the County.
Expenditure Impact by FY(s): (Provide detail on Financial Form)
FY 96 $40,000
Routing & Approval (Sign & Date (Per Responsibility of Signers Guidelines)
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County Administrative Officer: _ Date:
0 Place on Agenda / • giqin
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Board of Supervisors Action: Clerk of the Board
Approved 0 Disapproved UAmended as follows:
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Date:
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MODULAR BUILDING PURCHASE AGREEMENT
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This Modular Building Purchase Agreement ("Agreement") is made and
entered into this 167.- day of Maur, 1996, by and between GLENDALE
ELEMENTARY SCHOOL DISTRICT NO. 40 (Seller"), and MARICOPA COUNTY, a
political subdivision of the State of Arizona ("Buyer").
RECITALS
Seller has entered into that certain Proposal and Agreement of Sale dated
May 17,1995, entered into by and between Seller and GE Capital Modular Space, a
division of Transport International Pool, Inc., a Pennsylvania Corporation ("GE"), (the
"Initial Sale Agreement") wherein, pursuant to the terms of the Initial Sale Agreement,
Seller has agreed to purchase from GE, and GE has agreed to sell to Seller, that
certain used 24' x 60' Modular Building, 1985 CAVCO Serial #C-85-2-13564C and
C-85-13567C (the "Building").
At such time as Seller takes title to the Building from GE, Seller will be
authorized to convey the building pursuant to A.R.S. § 15-341(10).
Pursuant to the terms of the Initial Sale Agreement and this Agreement,
Seller wishes to sell and convey the Building to Buyer, and Buyer wishes to purchase
and receive the Building from Seller.
Now, therefore, in consideration of the premises and promises contained
herein and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
AGREEMENTS
1. Accuracy of the Recitals. The parties hereby acknowledge the
accuracy of the Recitals.
2. Contingency. Each of the parties' obligation to perform its
respective duties pursuant to the terms of this Agreement is contingent upon (i) the
conveyance of the Building by GE to Seller in accordance with the terms of the Initial
Initial
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Sale Agreement, and (ii) this Agreement being approved by the Governing Board of the
Seller, (iii) and this Agreement being approved and accepted by the Maricopa County
Board of Supervisors.
3. Payment/Title. Contemporaneous with the execution of this
Agreement, Buyer shall pay to Seller the sum of FORTY THOUSAND AND NO /100
DOLLARS ($40,000.00) in cash or immediately available funds (the "Purchase Price").
Seller shall transfer title to the Building at the later of (i) the Payment of the Purchase
Price, or (ii) the successful completion of the improvements to the Building as set forth
in Section 4 below.
4. Delivery. Buyer agrees that Seller shall deliver and install the
Building on the Seller's real property commonly know as Discovery School. Seller, at
Seller's sole cost and expense, shall set up the Building on the grounds of Discovery
School.
5. Improvements. Seller shall at its sole cost and expense provide
for the improvements to include: i.) exterior set up shall include foundation, skirting, tie
downs, permits, utility and fire alarm hook ups (but specifically excluding telephone
hook ups). ii) The interior set up shall include two standard toilets, one handicapped
toilet, three bathroom sinks, two classroom sinks, two approximately five gallon water
heaters, a tack board demising wall and two drinking fountains. All improvements shall,
at Seller's sole cost and expense, conform to all applicable standards contained in the
"Uniform Building Code for Life Safety" ("U.B.C."), and also to all provisions and
standards in "Arizona Revised Statutes for Handicapped Accessibility" in Title 9-499.02
and Title 34-401 through 34-439. This will include but not be limited to Handicapped
Accommodations such as restrooms, drinking fountains, pedestrian ramps, etc. Seller
shall also, at its sole cost and expense, conform to all Americans with Disabilities Act
requirements for Public Accommodations that are "readily achievable unless an undue
burden would result".
6. Representations and Warranties. Seller shall warrant all
improvements performed by Seller for One (1) year from date of transfer of title against
defects resulting from faulty craftsmanship. Seller further agrees to assign all
manufacturer's warranties to Buyer for all installed equipment and fixtures Seller does
not represent, and Buyer agrees, the merchantability or fitness of the Building for any
particular purpose, and Buyer acknowledges and agrees that it is purchasing the
Building "AS-IS".
7. Site. Buyer agrees that Seller shall select the exact location of
placement of the Building on the grounds of Discovery School (the "Site"). Building site
shall be deemed to be within that certain area in that certain lease agreement dated
January , 1996, and subsequent amendments, also being identified as Maricopa
County Lease L-7230. If lease agreement L-7230 is terminated, Buyer shall relocate
Building within Sixty (60) days of termination at Buyer's sole expense.
Initial

8. Use of the Building. For so long as the Building is located on the
Site, the Building shall only be used by Buyer for purposes associated with the
operation and administration of the Maricopa County, Arizona sponsored Head Start
Program or such other purpose approved by Seller in writing.
9. Conveyance/Lease/Encumbrance. For so long as the Building is
located on the Site, Buyer shall not transfer, convey, assign, lease, or encumber any of
its right, title or interest in or to the Building, nor will Buyer allow or cause any
encumbrance of Seller's real or personal property constituting the Discovery School.
10. Entire Agreement This Agreement contains the entire agreement
of the parties hereto. No promise, representation, warranty or covenant not included in
this Agreement is being relied upon by the parties hereto. Each party has relied or is
relying upon its own examination of this Agreement, the counsel of its own advisors and
the warranties, representations, duties and covenants contained in this Agreement.
11. Headings Section headings contained in this Agreement are
inserted only as a matter of convenience and in no way define, limit, extend or describe
the intent of any provision hereof.
12. Conflict of Interest This agreement is subject to cancellation
pursuant to A.R.S. 38-511.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed in their respective names, by their proper officer, duly authorized on the
date and year first written above.
GLENDALE ELEMENTARY SCHOOL MARICOPA COUNTY BOARD OF
DISTRICT NO.40 SUPERVISORS
wiftetYrAaria- , MAY 0 I 1996
Date Date
4A , WY 1 '1996
of the County Board \ Date
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APP OVED AS TO FORM: APPROVED M:
c,i) • /2S2-?4____
oittorney for the Distrial