A1. AGREEMENT FOR COST-TO-CURE COMPENSATION.PDF
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___KS___/___PM___
______
AGREEMENT FOR COST-TO-CURE COMPENSATION
C-64-_____-_____-_____-_____
Parcel No.: 101-14-002C, 101-14-008U
Project No.: TT0651 MC85 @ 91st Ave
95th Ave to 91st Ave
Item No.: D24357 (KS)
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona and GR and DV Properties, LLC, an Arizona limited liability company and shall
become effective upon acceptance by the Maricopa County Board of Supervisors. Maricopa
County and GR and DV Properties, LLC, an Arizona limited liability company shall
collectively be referred to herein as the “Parties.”
RECITALS
WHEREAS, Maricopa County has acquired a portion of real property (“Property”) owned
by GR and DV Properties, LLC, an Arizona limited liability company (“GR and DV
Properties”);
WHEREAS, in order to accomplish the proposed roadway improvements, the fencing and
gate of GR and DV Properties must be relocated behind the recently acquired Right of Way
owned by Maricopa County.
WHEREAS, the Parties agree that GR and DV Properties, for the payment as hereinafter
defined, shall hire a contractor to perform the relocation of the fencing and gate behind the new
Right of Way owned by Maricopa County.
Parcel No.: 101-14-002C, 101-14-008U
Project No.: TT0651 MC85 @ 91st Ave
95th Ave to 91st Ave
Item No.: D24357 (KS)
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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:
2. To issue a warrant in the amount of Six Thousand Two Hundred Five Dollars and
Twenty-Six Cents ($6,205.26) payable to GR and DV Properties, as Payment in
full for cost-to-cure (“Payment”).
The Payment is broken down as follows:
Adams Fence, LLC (see attached invoice)
Remove Existing Fence
$1,010.00
Relocate Existing Chain-Link Fence to Property Line
$3,291.75
Re-install Double Iron Gate
$1,575.00
Sales Tax
$328.51
TOTAL balance of Cost to Cure to GR and DV Properties
$6,205.26
GR and DV Properties, AGREES:
3. To accept the sum of Six Thousand Two Hundred Five Dollars and Twenty-Six
Cents ($6,205.26) as full and final payment for the fencing and gate to be relocated
behind the new Right of Way owned by Maricopa County (“Work”) as detailed above.
4. To complete the Work as described herein by June 17th, 2022 (“Completion Date”).
5. To assume responsibilities for any and all future maintenance and repair of the Work.
6. That County shall not be responsible for the adequacy or sufficiency of the Work or
the selection of the contractors, or for the sufficiency of the work performed by said
contractors.
7. To coordinate with the appropriate jurisdictions for the proper installation and
construction of the Work.
8. To indemnify, defend and hold harmless County from any and all damages, and claims,
arising out of the Work.
Parcel No.: 101-14-002C, 101-14-008U
Project No.: TT0651 MC85 @ 91st Ave
95th Ave to 91st Ave
Item No.: D24357 (KS)
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GENERAL TERMS:
9. 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.
10. 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.
11. 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.
12. GR and DV Properties shall, simultaneously with or prior to execution of this
Agreement, provide proof that the person executing to bind it has the legal authority to
do so.
13. No modification of this Agreement shall be effective unless in writing and signed by
the Parties.
14. Nothing in this Agreement shall be construed or 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.
15. This Agreement shall be interpreted in accordance with the laws of the State of Arizona.
Arizona shall be the proper venue for any suit or action commenced to enforce
compliance with any term, covenant or condition of this Agreement.
16. This Agreement is subject to the cancelation pursuant to A.R.S. § 38-511.
Parcel No.: 101-14-002C, 101-14-008U
Project No.: TT0651 MC85 @ 91st Ave
95th Ave to 91st Ave
Item No.: D24357 (KS)
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RECOMMENDED FOR APPROVAL:
______________________________
______________________________
Right of Way Agent
Real Property 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
DocuSign Envelope ID: 7787F9A0-FF28-4AFA-8842-065659ED159A
5/2/2022
5/2/2022
5/2/2022
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