C. D-22494.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Division
EXEMPT ARS 11-1134,A3
AGREEMENT FOR COST-TO-CURE COMPENSATION
Northern Avenue Entrance
Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State
of Arizona and Premiere RV & Mini Storage, LLC, an Arizona limited liability company and
shall become effective upon acceptance by the Maricopa County Board of Supervisors.
Maricopa County and Premiere RV and Mini Storage, LLC, an Arizona limited liability
company shall collectively be referred to herein as the "Parties."
RECITALS
WHEREAS, Maricopa County is acquiring a portion of real property ("Property") owned
by Premiere RV & Mini Storage, LLC, an Arizona limited liability company ("Premiere");
WHEREAS, in order to accomplish the proposed roadway improvements, the existing
entrance off Northern Parkway shall be constructed as a main entrance for Premiere's established
customers and operated by an electric gate equipped with key pad and cameras.
WHEREAS, the Parties agree that Premiere, for the payment as hereinafter defined, shall
enter into a contract to cause an electric gate equipped with key pad and cameras to be installed.
Page 1 of 7

Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (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.
MARICOPA COUNTY AGREES:
1. To issue a wat-rant in the amount of SEVENTY FIVE THOUSAND SEVEN
HUNDRED SEVENTY-TWO DOLLARS ($75,772.00) payable to Premiere RV & Mini
Storage, LLC, an Arizona limited liability company as Payment for cost-to-cure ("Payment").
The Payment is broken down as follows:
Desert West Industries LLC (General Contractor)
General Contractor 15% X $36,617.00* 5,492.55
*Electrical for Camera/Communication 6,062.00
*Trenching for gate & camera; Saw cutting for keypad software install 3,800.00
Access Gates LLC
*Provide & Install Northern Avenue Gate (northward) 21,755.00
Martin Engineering & Survey
Survey & Mapping (Northern & El Mirage) 5,000.00
Elite Network Service LLC (ENS)
Desk Top Computer & Setup 1,207.72
SiteLink
Magnetic Card Reader (cc) 249.00
Setup/Conversion 630.00
Tweaknology LLC
PTI Install Key Pad Gate Software 15,647.78
CCTV Install 15,927.75
TOTAL-rounded $75,772.00
Page 2 of 7

Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
2. The County agrees to indemnify and hold harmless Premiere RV & Mini Storage,
LLC 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.
Premiere RV & Mini Storage, LLC AGREES:
1. To accept the sum of SEVENTY FIVE THOUSAND SEVEN HUNDRED
SEVENTY-TWO DOLLARS ($75,772.00) as full and final payment for the construction of the
Northern Parkway entrance as detailed on page above.
2. Premiere acknowledges and agrees the Payment constitutes full and final payment
for the work associated with the construction of the Northern Parkway entrance ("Work").
Premiere further acknowledges and agrees the Payment is based upon estimates obtained by
Premiere and provided to Maricopa County. Therefore, should the actual cost of the Work
exceed the Payment, Premiere 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 complete all Work as described herein by February 15, 2018 ("Completion
Date"). Premiere acknowledges the importance of the Completion Date and further
acknowledges Maricopa County cannot and will not extend the Completion Date. Therefore, if
Premiere fails to complete the Work by the Completion Date, Maricopa County shall not be
liable to Premiere for any and all damages to real property, improvements or any other damage
otherwise suffered by Premiere.
4. To assume responsibilities for any and all maintenance and repair of the Northern
Parkway entrance as well as the electric gate equipped with key pad and cameras.
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 installation and
construction of the Northern Parkway entrance.
7. Premiere agrees to indemnify, defend and hold hornless County from damages,
and claims, arising out of the negligent or willful acts or omissions of Premiere its agents,
partners, tenants, employees, or contractors in connection with the work.
Page 3 of 7

Parcel No.: 304-17-005 (a portion of)
Proj ect No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
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 feints 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.
Page 4 of 7

Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to Illth Ave.)
Item No.: D22494 (KGR)
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 -Wulf, 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 5 of 7

Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
n d
Dated this d day of J u.vi ,20 17.
GRANTOR: Premiere RV & Mini Storage, LLC, an Arizona limited liability company
By.
(Signature)
Its:
(Titl
STATE OF ARIZONA
)s'
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ,-;/ 4 0-1 day of ---tio 6.-- ,
20 ri , by P a/7/z"/ ilikor- --1-?/v7 its ..,,z.zi,/,-.2-2-- /7-7„,,,,- - lz-,,-- , of
(Name of Officer) (Titlef --/
Premiere RV & Mini Storage, LLC, an Arizona limited liability company, on behalf of the
company.
My Commission Expires
KIMBERLY ROMERO
tOtatey Pub r.c.. iNTY A.CIZOr.7
eartnission ExiAr...rs March 72,
Notary Stamp Seal
Page 6 of 7

Parcel No.: 304-17-005 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd. to 111th Ave.)
Item No.: D22494 (KGR)
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 7 of 7