H. D22566.PDF

When recorded, Interoffice Mail to:
Real Estate Division
EXEMPT ARS 11-1134 A3
AGREEMENT FOR COST-TO-CURE COMPENSATION
Parcel No.: 101-14-002A, 002B, 008L
(a portion of)
Project No.: TT0511 MC85 (Buckeye Road)
107th Avenue to 75 th Avenue
Item No.: D22566 [JR]
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State
of Arizona, and "Tenant" A4 Materials, LLC, an Arizona limited liability company, and
shall become effective upon acceptance by the Maricopa County Board of Supervisors.
Maricopa County and "Tenant" A-1 Materials, 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 GR and DV Properties LLC, an Arizona limited liability company.
WHEREAS, located within the Property to be acquired by Maricopa County is a
Drainage Easement as described in "Exhibit A".
WHEREAS, in order to accomplish the proposed roadway improvements, the items
within the acquired Right of Way and Drainage Easement are to be removed.
WHEREAS, the Parties agree that "Tenant" A-1 Materials, LLC, an Arizona limited
liability company for the Payment as hereinafter defined, shall enter into a contract to cause the
Improvements to be removed/relocated in accordance with the terms set forth below.

Parcel No.: 101-14-002A, 002B, 008L
(a portion of)
Project No.: TT0511 MC85 (Buckeye Road)
107th Avenue to 75th Avenue
Item No.: D22566 [JR]
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 Incorporatedherein, and made a part of this
Agreement.
MARICOPA COUNTY AGREES:
1. To issue a warrant in the amount of TWENTY THOUSAND EIGHT
HUNDRED THIRTY DOLLARS AND NO/100 ($20,830.00) payable to A-1 Materials,
LLC, for cost-to-cure payment ("Payment"). The Payment is broken down as follows:
3 Men for 4 days (96 hours) X $45.00hr 44,320.00
Takeuchi — TS70V skid steer to move 300 boulders =$ 300.00
Case 570 MXT to level site for block bins —$ 300.00
Doosan loader rental =$2,033.52
Peterbilt 10-Wheel dump truck =$ 200.00
100 blocks to build 6 bins =$5,430.00
Semi Trailer truck to deliver blocks 42,250.00
Temporary Banners =$ 978.43
New sign built and installed —$2,517.88
Compensation for old display =$2,500.00
TOTAL-rounded =$20,830.00
2

Parcel No.: 101-14-002A, 002B, 008L
(a portion of)
Project No.: TT0511 MC85 (Buckeye Road)
107th Avenue to 75 th Avenue
Item No.: D22566 [JR]
A-1 MATERIALS, LLC:
1. To accept the sum of TWENTY THOUSAND EIGHT HUNDRED THIRTY
DOLLARS AND NO/100 ($20,830.00) for the relocation of the Improvements as detailed on
page above.
2. A-1 Materials acknowledges and agrees the Payment constitutes full and final
payment for the work associated with the removal, replacement and relocation of the
Landscaping Material, and removal/replacement of signage ("Work"). A-1
Materials, LLC further acknowledges and agrees the Payment is based upon
estimates obtained by A-1 Materials, LLC and provided to Maricopa County.
Therefore, should the actual cost of the Work exceed the Payment, A-1 Materials,
LLC 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 the removal and relocation of landscaping materials within the
partial take, and Drainage Area as described in the "Exhibit A" as described herein by 30 days
from the full and final payment ("Completion Date"). A-1 Materials, LLC acknowledges the
importance of the Completion Date and further acknowledges Maricopa County cannot and will
not extend the Completion Date. Therefore, if A-1 Materials, LLC fails to complete the Work
by the Completion Date, Maricopa County shall not be liable to A-1 Materials, LLC for any and
all damages to real property, improvements otherwise suffered by A-1 Materials, LLC.
4. That County shall not 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. A-1 Materials, LLC agrees to indemnify, defend and hold harmless County from
damages, and claims, arising out of the negligent or willful acts or omissions of A-1 Materials,
LLC its agents, partners, tenants, employees, or contractors in connection with the Irrigation
Improvement work.

Parcel No.: 101-14-002A, 002B, 008L
(a portion of)
Project No.: 170511 MC85 (Buckeye Road)
107th Avenue to 75 th Avenue
Item No.: D22566 [JR]
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.
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.

Parcel No.: 101-14-002A, 002B, 008L
(a portion of)
Project No.: TT0511 MC85 (Buckeye Road)
107th Avenue to 75th Avenue
Item No.: D22566 [JR]
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.
5

Parcel No.: 101-14-002A, 002B, 0081,
(a portion of)
Project No.: TT0511 MC85 (Buckeye Road)
107th Avenue to 75th Avenue
Item No.: D22566 [JR]
Dated this Z( day of YvV.A, , 20
TENANT: A-1 Materials, LLC, an Arizona limited liability company
By:
ITS:
STATE OF ARIZONA
) ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this 2 (s, day of
20 11 , by L ov, its its r; tvicwtbey of A-1
Materials, LLC, an Arizona limited lability company, on behalf of the company.
My Commission Expires
Public (sidifure)
TERAH JOHNSON
Notary Public • Arizona
Maricopa County
My Comm. Expires Feb 13, 2019
arer wer,werIs0+4P-Ieel-qaPowara
Notary Stamp Seal
6

Parcel No.: 101-14-002A, 002B, 008L
(a portion of)
Project No.: TT0511 MC85 (Buckeye Road)
107th Avenue to 75 th Avenue
Item No.: D22566 [JR]
RECOMMENDED 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
///
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111
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7

Parcel No. 101-14-002A
Project No. TT511
MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107th AVENUE to 95th AVENUE
Item No. 11)22566-2 ,
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A parcel of land being a portion of that property as described in Document 2015-0560942, Maricopa
County Records, lying within the Northwest quarter of Section 16, Township 1 North, Range 1 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the Northwest corner of Section 16, from which the North quarter corner of said
Section 16 bears North 89 055 127" East, a distance of 2633.95 feet;
THENCE along the North line of said Section 16 North 89°55'27 East, a distance of 2466.56 feet;
THENCE departing said North section line South 00'0433" East, a distance of 66.00 feet to the
POINT OF BEGINNING;
THENCE South 00 004 133" East, a distance of 40.80 feet;
THENCE North 89 05527" East, a distance of 105.00 feet;
THENCE North 00'04'33" West, a distance of 40.80 feet;
THENCE South 89 05527" West, a distance of 105.00 feet to the POINT OF BEGINNING.
The above described parcel contains 4,284 square feet or 0.0983 Acres more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES 8/10/16 Ch k: Appr:
Rev: EXPIRES 12 / 31 /2017
Maricopa County Real Estate Division
GRANTOR DATE
EXHIBIT "A"

EXIST RNV
N.T.S.
MC 85
N89°5527'"E 2633.95'
2466.56' : SEC LN
D22566
GR and DV
Properties
101-14-002A
NO. BEARING LENGTH
L1 S 00 00433" E 40.80'
L2 N 89°55'27" E 105.00'
L3 N 00°04'33" W 40.80'
L4 S 89°5527'W 105.00'
L5 S 00004 133" E 66.00'
D22566-2 Drainage Easement:
EXPIRES 12/31/2017
4,284 square feet or 0.0983 acres
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No, TT511 ITEM No. D22566-2 DATE 845-16 M.C.D.O.T. R/W Tech: Agent: RES P.M.

Parcel No. 101-14-002A, 002B, 008L
Project No. TT511
MC-85 at 83' d AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107t11 AVENUE to 95th AVENUE
Item No. 022566
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A parcel of land being a portion of that property as described in Document 2015-0560942, Maricopa
County Records, lying within the Northwest quarter of Section 16, Township 1 North, Range 1 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the Northwest corner of Section 16, from which the North quarter corner of said
Seetion 16 bears North 89°55'27" East, a distance of 2633.95 feet;
THENCE along the North line of said Section 16 North 89°55 127" East, a distance of 2442.93 feet;
THENCE departing said North section line South 00°04'33" East, a distance of 33.00 feet to the
existing South right of way line of MC 85, also being the Northwest corner of said property and the
POINT OF BEGINNING;
THENCE departing said South right of way line along the West line of said property South 00°04'33"
East, a distance of 19.84 feet;
THENCE South 10 05106" West, a distance of 13.40 feet;
THENCE departing said West property line North 89 055 127" East, a distance of 191.95 feet to the East
line of said property, being also a point on the North-South midsection line of said Section 16;
THENCE along said East property line and midsection line North 01 019112" East, a distance of 33.01
feet to the said South right of way line;
THENCE departing said East property line along said South right of way South 89 055 127" West, a
distance of 190.21 feet to the POINT OF BEGINNING.
The above described parcel contains 6,280 square feet or 0.1442 Acres more or less.
Page 1 of 1
22260
KENNETH W.
GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 4,,,.,q,4 7 '
Prelim: RES 8/10/16 Chk: Appr:
Rev: EXPIRES 12/ 1 / 2017
Maricopa County - Real Estate Division
GRANTOR DATE
EXHIBIT "A"

EXIST R/W
N.T.S.
SEC LN MC 85 N89°55 132"E
N89°55`27E 2633.95' 2633.97'
2442.93' poB
L5
EXIST R/W
IiiensgSIWIISMIIMMI DWI NEI MAI ISM 1 issi lemimipt
L3
L2) 111=111•SIC 1111111111=1
NEW R/W
D22566
GR and DV
Properties
D22566 LN 101-14-002B
GR and DV D22566
Properties SEC
GR and DV
101-14-0081_ Properties MID
101-14-002A
NO. BEARING LENGTH
LI S 00°04'33" E 19.84'
L2 S 10°51'06" W 13.40'
L3 N 89°55'27" E 191.95'
L4 N 01°19'12" E 33.01'
L5 S 89°55'27" W 190.21'
L6 S 00°04'33" E 33.00'
D22566 Fee Simple Right of Way: EXPIRES 12 /31/2017
6,280 square feet or 0.1442 acres
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No, 1T511 ITEM No, D22566 DATE 9-15-16 M.C.D.O,T. R/W Tech: Agent: RES M.P.

Parcel No. 10144-002A, 008L
Project No. TT511
MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107th AVENUE to 95th AVENUE
Item No. 1)225664
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land being a portion of that property as described in Document 2015-0560942, Maricopa
County Records, lying within the Northwest quarter of Section 16, Township 1 North, Range 1 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the North quarter corner of Section 16, from which the Northwest corner of said
Section 16 bears South 89 055 127" West, a distance of 2633.95 feet;
THENCE along the North midsection line South 01°19'12" West, a distance of 66.02 feet to the
POINT OF BEGINNING;
THENCE departing said midsection line South 89055 127" West, a distance of 60.78 feet;
THENCE South 00°04'33" East, a distance of 40.80 feet;
THENCE South 89 055 127" West, a distance of 105.00 feet;
THENCE North 00 004 133" West, a distance of 40.80 feet;
THENCE South 89055 127" West, a distance of 26.17 feet to the West line of said property;
THENCE along said West property line South 10 051'06" West, a distance of 27.11 feet;
THENCE South 00043 134" West, a distance of 57.05 feet;
THENCE departing said West property line North 89 035 121" East, a distance of 157.01 feet;
THENCE South 00 000 100" West, a distance of 23.96 feet;
THENCE North 89°56'51" East, a distance of 38.31 feet to the said North midsection line, also being
the East line of said property;
THENCE alOng said North midsection line North 01 019112" East, a distance of 106.75 feet to the
POINT OF BEGINNING.
The above described parcel contains 12,890 square feet or 0.2959 Acres more or less.
Page 1 of 1
22260
KENNETH W.
GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION am-loore7
Prelim: RES 8/10/16 Chk: Appr: •
Rev: EXPIRES 12131 /2017
Maricopa County - Real Estate Division
GRANTOR DATE
EXLIEBIT "A"

EXIST R/W
N.T.S.
MC 85 N89°55'32"E
N89°5527E 2633.95' 2633.97'
6-) SEC LN POB
N
EXIST RAN _73
Licy L5
NEW R/W
L8
TCE L10
022566
GR and DV
022566
Properties
GR and DV
101-14-008L
Properties
101-14-002A
NO, BEARING LENGTH
Li S 89°55'27" W 60.78'
L2 S 0000433" E 40.80'
L3 S 89 05527" W 105.00'
L4 N 00004133" W 40.80'
L5 S 89055 127" W 26.17'
L6 S 10°51'06" W 27.11'
L7 S 00°43'34" W 57.05'
L8 N 89°3521" E 157.01'
L9 S 00°00'00" W 23,96'
L10 N 89°56'51" E 38.31'
L11 N 01°19'12" E 106.75'
L12 S 01 019'12" W 66.02'
D22566-1 Temporary Construction Easement:
12,890 square feet or 0.2959 acres EXPIRES 12/31/2017
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No. TT511 ITEM No, D22566-1 DATE 915-16 M.C.D.O,T, R/W Tech: Agent: RES M.P.

A-1 Materials bid proposal on removal of existing materials at 9503 W. Buckeye Rd. to new location.
• 40 Hours of labor x 3 men at $45.00 an hour(Normal charge is usually $75 per hour)
-120 man hours at $45 an hour = $5,400 9044 i eiao (lit( he 5
-Man hours consist of site preparation for block bins
-Unloading block off semi-trailers
-Set block in new location for materials that were in the north existing piece of property
-Loading existing materials to new location
\10 Takeuchi- TS70V skid steer to pick up and move 300 boulders to new area- $300
7. Case 570 MXT to level site for block bins- $300
• Doosan loader rental to unload and install block and load dump trucks with materials- $2,033.52
Peterbilt 10-wheel dump truck to move materials to new area- $200
1. 100 blocks to build 6 bins- $5,430.00
-$50 per block x 100 = $5,000 + tax = $5,430 (if their tax rate is 8.6%)
• Semi-Trailer trucks to deliver block- $2,250-$3,000 hom.:1
-$75.00 an hour 3-4 hour turn around, depending on loading and unloading
• Temporary banners until construction is complete for signage- $978.43
1. New sign built and installed to replace existing sign- $2,517.88
7. Compensation for old display- $-5,0001Z -00 1/43 \V-A-Arol, LA, &Mk p 104. ,4
-Display was built out of curbing
-PVC pipe, sprinklers, electrical control box, name plates for rock, materials, fountain with concrete
slab
• On removal of sign
-When moved the sign will most likely fall apart
-Welds are old and sign would need to be rebuilt if torn out
-It is old and rusted, concreted into the ground
Grand Total- $25,159.83
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