Extracted text (via tesseract_tsv)
24353 characters
When recorded, Interoffice Mail to:
Maricopa County
Real Estate Division
2801 W. Durango St
Phoenix, AZ 85009
EXEMPT ARS 11-1134, A3
AGREEMENT FOR COST-TO-CURE COMPENSATION
Project TT367 — El Mirage Road
(Northern Ave. to Peoria Ave.)
Item Nos. D22734A
Assessor's Parcel] Nos.:501-45-019K
& 501-46-002B
This Agreement is entered into by the MARICOPA COUNTY, a political subdivision of the
State of Arizona, and SANTA LUCIA FARMS Gp, and shall become effective upon
acceptance by the Maricopa County Board of Supervisors, but no later than March 9, 2016.
Maricopa County is acquiring a portion of properties owned by Jacob F. Long, as
Trustee of the John F. Long Revocable Family Trust Under Agreement dated February 26,
2008, and leased by SANTA LUCIA FARMS GP for the above referenced project. In order to
accomplish the proposed roadway improvements, Maricopa County agrees, at County expense,
to have removed and replaced the existing farm roads, concrete lined and dirt irrigation delivery
ditches, erosion prevention riprap, irrigation tail water ditches, temporary ditches, installation of
concrete pipe, pressure pipe and valves and other related irrigation replacement construction
items currently located within the portion of property being purchased for the project TT367 El
Mirage Road widening. Additional, Maricopa County agrees, at County expense, to reimburse
Santa Lucia Farms for crop Loss associated with project TT367, El Mirage Road Improvements.
Maricopa County has received cost-to-cure estimates for this work totaling $400,470.00.
RECITALS
WHEREAS, County is acquiring portions of real property (“Property”) owned by Jacob
F. Long, as Trustee of the John F. Long Revocable Family Trust Under Agreement dated
February 26, 2008;
WHEREAS, the acquisition of the property referenced above requires crop loss, |
reimbursement and the relocation and reestablishment of farm roads, concrete lined and dirt
itigation delivery ditches, erosion prevention riprap, irrigation tail water ditches, temporary
ditches, the installation of reinforced concrete ptpe, pressure pipe and valves and other related
irrigation replacement construction items..
Project TT367 — El Mirage Road
(Northern Ave. to Peoria Ave.)
Item Nos. D22734A
Assessor's Parcel Nos.:501-45-019K
& 501-46-002B
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.
2. Maricopa County has received an estimate from SANTA LUCIA FARMS GP,
for this work totaling $400,470.00 and broken down as follows:
SEE EXHIBIT “A”
TOTAL $400,470.00 (rounded up)
MARICOPA COUNTY AGREES:
1. To issue a warrant in the amount of FOUR HUNDRED THOUSAND FOUR
HUNDRED SEVENTY AND NO/100 Dollars ($400,470.00) payable to SANTA LUCIA
. FARMS GP, for cost-to-cure payment (“Payment’’) for the costs associated with the crop loss
and relocation/reestablishment of farm roads, concrete lined and dirt irrigation delivery ditches,
erosion prevention riprap, irrigation tail water ditches, temporary ditches, the installation of
concrete pipe, pressure pipe and valves and other related irrigation replacement construction
items (See Exhibit “A”).
2. To allow SANTA LUCIA FARMS GP to relocate and reestablish farm roads,
relocate, replace and install concrete lined and dirt irrigation delivery ditches, erosion prevention
riprap, irrigation tail water ditches, temporary ditches, the installation of concrete pipe, pressure
pipe and valves and other related irrigation replacement construction items (See Exhibit “A’’)
agreed to in this cost-to-cure agreement.
3. The County agrees to indemnify and hold harmless SANTA LUCIA FARMS
GP, for damages and claims arising out of the negligent or willful acts or omissions of County,
its employees, officers and agents, in the exercise of County’s rights pursuant to the terms of this °
Cost to Cure Agreement.
Project TT367 — El Mirage Road
(Northern Ave. to Peoria Ave.)
Item Nos. D22734A
Assessor's Parcel Nos.:501-45-019K
& 501-46-002B
SANTA LUCIA FARMS GP AGREES:
lL. To accept the sum of FOUR HUNDRED THOUSAND FOUR HUNDRED
SEVENTY AND NO/100 Dollars ($400,470.00) as payment for the costs associated with the
relocation and reestablishment of farm roads, irrigation ditches and installation of reinforced
concrete pipe and other related costs (see Exhibit “A”).
2. That the Payment constitutes full and final payment for the work associated with
crop loss and relocation/reestablishment of farm roads, irrigation ditches and installation of
reinforced concrete pipe and other related costs (see Exhibit “A”) and further acknowledges and
agrees the Payment is based upon an estimate procured by SANTA LUCIA FARMS GP and
provided to the County. Therefore, should the actual cost exceed the Cost to Cure Payment, a
detailed invoice will be submitted to the County for approval and payment for additional
compensation. Likewise, should the actual cost be less than the Payment, Maricopa County shall
be entitled to be reimbursed for the difference between the actual cost and the Payment and to
reserve the right to review copies of all billings and proof of expenditures.
3. To allow the County and approved consultants representing the County to have
full access during construction to verify that the new ditch invert elevations match elevations as
shown in the cost-to-cure plans and any rework of the new ditches are to match the planned
elevations and will be the sole responsibility of the contractor at no charge to the County.
4, That SANTA LUCIA FARMS GP is solely 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. That the cost-to-cure work as agreed on in this agreement and as per the cost-to-
cure plans shall be completed by the date of July Ist, 2016 or before. At any time beyond this
date, the County holds the right to begin work within the Country right of way limits and is not
responsible for any damages incurred due to demolition of existing irrigation facilities within the
right of way.
6. SANTA LUCIA FARMS GP shall indemnify, defend and hold the County
harmless from any and all allegations, judgments, damages, claims, obligations, penalties, costs
or expenses (including attorneys’ fees and expert witness fees and costs) arising out of the
negligent acts or conduct of its agents, employees, or contractors.
Project TT367 — El Mirage Road
(Northern Ave. to Peoria Ave.)
Item Nos. D22734A
Assessor's Parcel Nos.:501-45-019K
& 501-46-002B
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 Parties.
Project TT367 — El Mirage Road
(Northern Ave. to Peoria Ave.)
Item Nos. D22734A
Assessor's Parcel Nos.:501-45-019K
& 501-46-002B
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.
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 ef seg. 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.
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Project TT367 — El Mirage Road
(Northern Ave. to Peoria Ave.)
Item Nos. D22734A
Assessor's Parcel Nos.:501-45-019K
©
& 501-46-002B
iain
Dated this day of Januar , 20
GRANTOR: SANTA LUCIA FARMS GP
rs Miner
MCE Fads Lee
STATE OF ARIZONA )
)§
COUNTY OF MARICOPA )
qi
The foregoing instrument was acknowledged before me this day of « lar) ;
aa
201, by Macnad Fronts, mck tovmsUiCies hrmer
(Print Name) (Print Title)
of SANTA LUCIA FARMS GP.
dopa Ko Gila
My Commission Expires _]2-/-[7 pu sid
Notary Public (signatureY
Notary Stamp Seal gm, ELENAI RODRIGUEZ-FOSTER
Stas Notery Public - Slate of Arizona
Bl Pe cy eg MARICOPA COUNTY
= My Commission Expires
December 15, 2017
Project TT367 — El Mirage Road
(Northern Ave. to Peoria Ave.)
Item. Nos. D22734A
Assessor's Parcel Nos.:501-45-019K
& 501-46-002B
RECOMMENDED FOR APPROVAL:
(> who Leenerd-
Right f Way Agent Right-of-Way Acquisition Manager
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chairman of the Board
ATTEST:
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority ofthe Board of/Supervisors
i a hd
5 1 17 1 1 4 1053 2531 2 3 0.000000 :
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3 1 18 1 0 0 393 2577 6 12 -1
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5 1 18 1 1 1 393 2577 6 12 0.000000 &
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5 1 19 1 1 1 294 2603 146 76 96.352425 Deputy
5 1 19 1 1 2 452 2592 148 78 96.773872 County
5 1 19 1 1 3 612 2617 176 53 96.110481 Attorney
5 1 19 1 1 4 1104 2610 93 52 96.877785 Date
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4 1 20 1 2 0 329 2709 44 11 -1
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EXHIBIT A
Scope Cost Total
Project Scope In Units Units Per Unit Cost
Mobilization Fee , 1 Fee $5,750.00
Survey Crew Fee $10,925.00
Flagging Crew 1 Fee $6,325.00
Equipment Rentals (6' Sweeper) 1 Fee $5,776.45 |
.
Dust Control 1 Fee $6,325.00
irrigation Planning, Management and Impact Fee 1 Fee $8,625.00
Sheet 180
Construct dirt irrigation ditch (Section #1 Ditch) 250 Linear Feet $11.50 $2,875.00
Connection at STA 2+70.98 1° Cost $230.00 $230.00
Erosion Prevention Riprap STA 2+70.98 10 Tons $28.75 $287.50
Water Mgmt Temporary Ditch 250 Linear Feet $4.60 $1,150.00
Sheet 181-183
Construct irrigation ditch (Section #1 Ditch) 1044 Linear Feet $11.50 $12,006.00
Water Mgmt Temporary Ditch 1044 Linear Feet $4.60 $4,802.40 -
,
Sheet 184-185
.
Elevation and Pad Work 480 Linear Feet $15.50 $7,440.00
Construct 24" Concrete irrigation Ditch (Section #2) 480 Linear Feet $21.00 $10,080.00
Elevation and Pad Work 212 Linear Feet $15.50 $3,286.00
Construct 24" Concrete Irrigation Ditch 212 Linear Feet $21.00 $4,452.00
Erosion Prevention Riprap STA 344+95.65 10 Tons $28.75 $287.50
|
Sheet 186
Construct dirt irrigation ditch (Section #3 Ditch) 500 Linear Feet $12.25 $6,125.00
Erosion Prevention Riprap STA 140+09.06 10 Tons $28.75 $287.50
Construct Farm Road 500 Linear Feet $8.05 $4,025.00
Water Mgmt Temporary Ditch 500 Linear Feet $4.60 $2,300.00
Sheet 187
Construct dirt irrigation ditch (Section #3 Ditch) 500 Linear Feet $12.25 $6,125.00
Erosion Prevention Riprap STA 140+09.06 30 Tons $28.75 $862.50
.
Construct Farm Road 500 Linear Feet $8.05 $4,025.00
Water Mgmt Temporary Ditch 500 Linear Feet $4.60 $2,300.00
Sheet 188
Construct dirt irrigation ditch (Section #3 & #4) 456 Linear Feet $12.25 $5,586.00
Construct 24" 14 gauge cmp pipe crossing 267 Linear Feet $80.50 $21,493.50
CMP Elevation Dirt Work and Removal 267 Linear Feet $20.13 $5,373.38
24" CMP Pipe in-out flow head walls 1 Cost $2,400.00 $2,400.00
24" CMP Pipe supply ditch bowl Remove/Replace 1 Cost $1,150.00 $1,150.00
Erosion Prevention Riprap STA 514+49.16 10 Tons $28.75 $287.50
Erosion Prevention Riprap STA 50+56.50 10 Tons $28.75 $287.50
Erosion Prevention Riprap STA 51+14.26 10 Tons $28.75 $287.50
Erosion Prevention Riprap STA 50+59.16 10, Tons $28.75 $287.50
Construct Farm Road 456 Linear Feet $8.05 $3,670.80
Water Mgmt Temporary Ditch 1 Fee $4,600.00 $4,600.00
Page 2 Exhibit A
***NOT ON PLANS**** ;
Reclaibrate Drip Irrigation (WaterTec) Eng Stamp 1 Cost $11,500.00 $11,500.00
Remove existing submain pipe 1200 Linear Feet $15.00 $18,000.00
Replace submain pipe 1200 Linear Feet $13.00 $15,600.00
Bedding/Backfill and Thrust Blocks 1200 Linear Feet $3.45 $4,140.00
Move existing mainline valve location Cost $2,300.00 $2,300.00
Tie Main and Sub together under exisitng ditch 60 Linear Feet $80.50 $4,830.00
Misc valves and tubing and install labor 1200 Cost $18.64 $22,368.00
. Sheet 189
Construct dirt irrigation ditch (Section #4) 456 Linear Feet $13.23 $6,030.60
Construct 24" 14 gauge cmp pipe crossing 241 Linear Feet $80.50 $19,400.50
CMP Elevation Dirt Work and Removal 241 Linear Feet $20.13 $4,850.13
24" CMP Pipe in-out flow head walls Cost $2,400.00 $2,400.00
24" CMP Pipe supply ditch bowl Cost $1,150.00 $1,150.00
Erosion Prevention Riprap STA 59+16.16 10 Tons $28.75 $287.50
Erosion Prevention Riprap STA 59+35.83 10 Tons $28.75 $287.50
Erosion Prevention Riprap STA 53+83.30 10 Tons $28.75 $287.50
Erosion Prevention Riprap STA 58+40.00 10 Tons $28.75 $287.50
Construct Farm Road 456 Linear Feet $8.05 $3,670.80
Water Mgmt Temporary Ditch Fee $4,600.00 $4,600.00
Sheet 190
Construct dirt irrigation ditch (Section #4) 459 Linear Feet $13.23 $6,070.28
Erosion Prevention Riprap STA 62+09.74 10 Tons $28.75 $287.50
Water Mgmt Temporary Ditch 459 Linear Feet $4.60 $2,111.40
Sheet 191 —
Construct dirt irrigation ditch (Section #4) 79 Linear Feet $13.23 $1,044.78
Construct 24" 14 gauge cmp pipe crossing 100 Linear Feet $80.50 $8,050.00
CMP Elevation Dirt Work and Removal 100 Linear Feet $20.13 $2,012.50
24" CMP Pipe supply ditch bowl Cost $1,150.00 $1,150.00
Construct Farm Road 179 Linear Feet $8.05 $1,440.95
Water Mgmt Temporary Ditch 179 Linear Feet $4.60 $823.40
Sheet 193
Elevation and Pad Work 400 Linear Feet $15.50 $6,200.00
Construct 24" Concrete Irrigation Ditch (Section #2) 400 Linear Feet $21.00 $8,400.00
Construct 24" 14 gauge cmp pipe crossing - 39 Linear Feet $80.50 $3,139.50
24" CMP Pipe supply ditch bowl removal Cost $900.00 $900.00
24" CMP Pipe supply ditch bowl Cost $1,150.00 $2,300.00
***4NOT ON PLANS****
Find 12” Pressure Pipe Connection and Redirect Cost $2,875.00 “$2,875.00
Install 12" Pressure Pipe 400 Linear Feet $51.75 $20,700.00
Bedding/Backfill and Thrust Blocks 400 Linear Feet $3.45 $1,380.00
Valves installed Cost $1,868.75 $3,737.50
Sheet 194
Elevation and Pad Work 78 Linear Feet $15.50 $1,209.00
Construct 24" Concrete Irrigation Ditch (Section #2) 78 Linear Feet $21.00 $1,638.00
Page 3 Exhibit"a"
***NOT ON PLANS****
install 12" Pressure Pipe 78 Linear Feet $51.75 $4,036.50
Bedding/Backfill and Thrust Blocks 78 Linear Feet $3.45 ~ $269.10
Undground 3 way connection 12” 3 Cost $1,150.00 $3,450.00
Connect to exisitng irrigation pipe west 160 Linear Feet = $51.75 $8,280.00
Remove and replace exisiting connections 2 Cost $862.50 $1,725.00
—
Valves Installed 2 Cost $1,868.75 $3,737.50
Crop Loss Cost
Carrots 2 acres $5,500.00 $11,000.00
Alfalfa 1.1/30.6 tons/acres $250.00 $8,415.00
Total---> $400,469.45
Santa Lucia Farms
Memorandum
To: Maricopa County Department of Transportation
From: Santa Lucia Farms, GP
Regarding: Project T1347
Date: December 31, 2015
ESTIMATED COST TO CURE AND PROJECT SCOPE NOTES
The Maricopa County Department of Transportation requested project scope notes
and definitions in order to better understand the cost to cure estimates provided by
Santa Lucia Farms on the John F. Long property. T7347, known as ‘the project’, was
designed by Premier and checked by Kim Boyd with a date of 12/15 (MM/YY). The
scope of the project is drawn and defined on sheets 179-194.
This memorandum is not intended to explain each detail of the cost estimate but
rather to help the reader understand the complexity of the project.
Please take note the cost to cure estimates only include “like”, “as designed”, or
“required” replacement of the water delivery and capture system on the John F. Long
property. All current infrastructure not within the affected scope, or inside the
proposed right-of-way, will not be removed or cured.
It is important to note the cost to cure estimate is not an exhaustive list of work, and
additional work may be required to cure the water delivery and capture system.
Santa Lucia Farms, GP along with a general contractor and selected subcontractors
will work together to complete the project.
Fee Schedule
Mobilization Fee - Defined as equipment transportation and labor costs of owned or
rented machinery. Including transportation to and fram the project site. We estimate
a total of 8 tractors to be moved which include “oversize” loads.
Survey Crew - Defined as subcontracted survey work. The cost reflects the scope of
the project, timeline and work within an active water management zone.
10265 W CAMELBACK ROAD, SUITE 104
PHX, AZ 85037 (623) 772-1555
Flagging Crew ~ Direct labor expense to include ail related cost of employment
(federal and state tax, insurance, workers comp, etc).
Equipment Rental - Relates to direct expenses of renting a 6’ sweeper and labor costs
for operating.
Dust Control - Estimated cost of permit.
Irrigation Impact Fee - Management of project, irrigation planning, related to Santa
Lucia Farms efforts.
Sheet 180-194 Descriptions
There are four different ditch designs including the cement ditch. This will replace the
existing ditches which have been in place since the early 1950s. For public safety we
will include rip rap and cement head walls at all locations where the highest
probability of erosion could occur (water hammer sites). This means that all crossings
including supply and tail water CMP must be 24” to limit ‘water retreat’ and each inlet
and outlet will be lined with rip rap.
Each sheet has a cost per linear foot for water management. This project is inside an
active agricultural water management zone affecting approximately 200 irrigated
acres of farm land. During the months of January and February the amount of water
flow in the construction area can be as high at 7,200 gallons per minute.
The proposed construction crosses multiple supply and tail water canals which need
temporary dikes, or CMP crossings in order for the farm to operate. Regarding sheets
188 and 189, the cost of labor and management to control water flow from supply,
sub-tail water and main-tail water ditches is defined as lump sum. Sheets 180-187 as
well as 191 are defined as linear foot cost for temporary ditches to resolve the same
water management issues.
The scope of work not indicated on the plans is on sheets 188, 193 and 194.
_
Sheet 188 requires the farm to remove and replace an existing subterranean irrigation
system installed by Santa Lucia Farms. This requires a complete removal of the sub-
main pipe and relocation of the main line pressure reducing value. This will require
Santa Lucia Farms to re-engineer the irrigation system. The reconfiguration of the
field requires a reconfiguration and reinstallation of the design.
Sheet 193 requires an existing cement ditch to be moved which will require us to
move a 12” pressure pipe and corresponding values. The pipe that needs to be
moved will effect the entire lower 600 acres as it is in the primary distribution zone for
water discharge.
10265 W CAMELBACK ROAD, SUITE 104
PHX, AZ 85037 (623) 772-1555
Due to changes needed on sheet 193, sheet 194 requires changes to a three way
distribution point (the water system is interconnected on the whole 1700 acres) for
water movement north, east and west. This will also require removal and relocation of
the current 12” pressure pipes in place today.
lf you have any questions regarding the above listed descriptions, please feel free to
contact me anytime.
'
Regards,
Tyler Francis
Francis Roses/Santa Lucia Farms
c; 214.263.3313
|
e: tyler@francisroses.com
10265 W CAMELBACK ROAD, SUITE 104
PHX, AZ 85037 (623) 772-1555
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