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WHEN RECORDED RETURN TO:
Marieopa County
Real Estate Department
EXEMPT ARS 11-1134, A3
AGREEMENT FOR COST-TO-CURE COMPENSATION
Parcel No.: 101-22-236/237 (portions of)
Proj ect No.: TT0490 107 th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona and Virginio M. Fimbres, an unmarried man and shall become effective upon acceptance
by the Maricopa County Board of Supervisors. Maricopa County and Virginio M. Fimbres, an
unmarried man, shall collectively be referred to herein as the "Parties."
RECITALS
WHEREAS, Maricopa County is acquiring a portion of real property ("Property") owned
by Virginio M. Fimbres ("Mr. Fimbres");
WHEREAS, in order to accomplish the proposed roadway improvements, the existing farm
road entrance off of Lower Buckeye Road shall be severed and relocated to the east side of the
property. In order to accommodate livestock activities it is necessary to reestablish the existing
farm road to the west side of the home.
WHEREAS, the Parties agree that Mr. Fimbres, for the payment as hereinafter defined,
shall enter into a contract to cause a farm road to be reestablished to the west side of the residence.
Page 1 of 6
Parcel No.: 101-22-236/237 (portions of)
Proj ect No.: TT0490 107th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
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.
MARICOPA COUNTY AGREES:
1. To issue a warrant in the amount of TWENTY TWO THOUSAND SIX
HUNDRED EIGHTY ONE and 19/100 DOLLARS ($22,681.19) payable to Virginio M.
Fimbres, an unmarried man, as Payment in full for cost-to-cure ("Payment"). The Payment is
broken down as follows:
Remove Wood Poles 2 @ $500.00 ea $1,000.00
Remove Existing Chain Link Fence 241f@ $5.00 ea $120.00
Remove Existing Chain Link Gate 3@ $100.00 ea $300.00
Clearing and Grubbing Lump Sum $2,000.00
New Aggregate Base/Gravel 71cy@ $70.00 ea $4,951.85
New Chain Link Gate 3 @ $1,000.00 ea $3,000,00
New Chain Link Fence (4ft) 241f@ 10.00 ea $240.00
New Pipe, Corrugated metal, 6" 281f@ 100.00 ea $2,800.00
Revegetation of Existing Landscaping Lump Sum $2,000.00
Roadbed Excavation 71cy @ 10.00 ea $707.41
Mobilization Lump Sum $2,000.00
Surveying and Permitting Lump Sum $1,500.00
SUBTOTAL $20,619.26
Contingency 10% $2,061.93
TOTAL $22,681.19
2. The County agrees to indemnify and hold harmless Mr. Fimbres, 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.
VIRGINIO M. FIMBRES AGREES:
1. To accept the sum of TWENTY TWO THOUSAND SIX HUNDRED EIGHTY
ONE and 19/100 DOLLARS ($22,681.19) as full and final payment for the reestablishment of the
existing farm road to the west side of the residence.
Page 2 of 6
Parcel No.: 101-22-2361237 (portions of)
Project No.: TT0490 107 th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
2. Mr. Fimbres acknowledges and agrees the Payment constitutes full and final
payment for the work associated with the reestablishment of the farm road ("Work"). Mr. Fimbres
further acknowledges and agrees the Payment is based upon estimates obtained by Maricopa
County and provided to Mr. Fimbres. Therefore, should the actual cost of the Work exceed the
Payment, Mr. Fimbres 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. To assume responsibilities for any and all maintenance and repair of the
reestablished faun road.
4. That Mr. Fimbres shall 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.
5. To coordinate with the appropriate jurisdictions for the proper permits for the
installation and construction of the farm road.
6. Mr. Fimbres agrees to indemnify, defend and hold harmless County from damages,
and claims, arising out of the negligent or willful acts or omissions of Mr. Fimbres 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, 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.: 101-22-236/237 (portions of)
Project No.: TT0490 107 th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
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 teiiii 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.: 101-22-236/237 (portions of)
Project No.: TT0490 107 th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
Dated this -7114 day of P\ ,2017.
GRANTOR: Virginio M. Finabres, an unmarried man
Virginio M. Fimbres
STATE OF ARIZONA
)ss
COUNTY OF MARICOPA )
The foregoing instrumer ' 1 ____ 1 _I". A.1. • -1 -04, (1
by Virginio M. Fimbres.
My Commission Expiresi.3L.
Notary PubTic Ngnature
STEVEN F. WARBURTON
Notary MAP COPA Siale GOL,N::Y AJizona
CCKT1MiSsion rres 17; 2020
Notary Stamp Seal
Page 5 of 6
Parcel No.: 101-22-236/237 (portions of)
Project No.: TT0490 107 th Ave & Lower Buckeye
(Intersection Improvements)
Item No.: D23396 (SW)
COMMENDED FOR APPROVAL:
Real Property Branch Manager
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