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Real Estate Department 2801 W Durango St Phoenix, Arizona 85009 AGENT: Dante Olono P: 602.506.6792 E-mail: dante.olono@maricopa.gov EXTENDED OCCUPANCY AGREEMENT Project: Skunk Creek Crossings at Desert Hills Drive PROPJECT: TT0551 D24015 R1 1537 West Desert Hills LLC APN: 211-50-015A Members: Ryan and Jessica Cox Property Address: 1537 West Desert Hills Drive Phoenix, AZ 85086 THIS AGREEMENT will become effective upon the closing of escrow and recording of the new right of way, by and between Maricopa County (hereinafter referred to as the County) and 1537 West Desert Hills LLC. WITNESSETH, that the County, in consideration of covenants and agreements set forth herein, does hereby consent to continued occupancy of the new Right of Way described and depicted within “Exhibit A-1 and A-2” and located at 1537 West Desert Hills Drive, Phoenix, AZ 85086 (hereinafter referred to as the Property), which was acquired for the Skunk Creek Crossings at Desert Hills Drive project referenced above. 1537 West Desert Hills LLC occupied the property prior to its acquisition by County and, as part of the consideration of that acquisition and the timetable for the above referenced project, may continue to occupy the Property at no cost until the end of business on February 14, 2025, unless sooner terminated as provided herein. Purpose: It is the purpose of this Agreement to allow 1537 West Desert Hills LLC sufficient time to find a suitable place to relocate from the Property. Terms: (1) The Property shall be used and occupied by 1537 West Desert Hills LLC only without right of assignment or to permit occupancy by others for any period in excess of three (days). (2) 1537 West Desert Hills LLC shall make no alteration in, to or on the Property without the prior written consent of the County. 1537 West Desert Hills LLC will not use the Property for any purpose in violation of any federal, state or local law, ordinance or regulation. (3) 1537 West Desert Hills LLC shall pay, when due, all utilities, including water, sewer, telephone, refuse, electric, gas, fuel, and other utility charges accruing or payable in connection with the Property. Once a vacate date has been established by 1537 West Desert Hills LLC, 1537 West Desert Hills LLC will contact the utility providers and have their utility services disconnected. (4) County makes no representations or warranties with respect to condition, fitness or suitability of the Property for any particular use whatsoever. 1537 West Desert Hills LLC is fully familiar with the physical condition of the Property and accepts the Property in its present condition as satisfactory to the 1537 West Desert Hills LLC’s needs. (5) 1537 West Desert Hills LLC shall keep the Property in a clean and safe condition and shall perform such routine maintenance and repairs in order to maintain the Property in its current condition. Real Estate Department 2801 W Durango St Phoenix, Arizona 85009 AGENT: Dante Olono P: 602.506.6792 E-mail: dante.olono@maricopa.gov (6) 1537 West Desert Hills LLC shall permit the County, or its agents, to enter, inspect and/or make necessary repairs to the Property upon 24 hours advance notice or without notice in the event of an emergency. (7) In the event of default or breach of this Agreement, the County shall deliver a written notice to 1537 West Desert Hills LLC specifying the acts and omissions constituting such breach. If the breach is not remedied within the time period set forth in such notice, a "Notice to Quit" will be issued and this Agreement shall terminate. If the breach is remediable by repairs, the payment of damages, or otherwise and 1537 West Desert Hills LLC adequately remedies the breach before the date specified in such notice, the Agreement will not terminate. (8) 1537 West Desert Hills LLC shall indemnify and hold County harmless from and against all claims, liens, demands, and costs, including reasonable attorneys’ fees, for loss or damage, including property damage, personal injury and wrongful death, from any cause whatsoever arising out of or in connection with 1537 West Desert Hills LLC’s use, occupancy and enjoyment of the Property. (9) 1537 West Desert Hills LLC may terminate this Agreement by providing County five (5) days written notice. (10) At the expiration of this term, or earlier termination of this Agreement, 1537 West Desert Hills LLC agrees to immediately remove all personal property, vacate and surrender possession of the Property to County in good repair and order and in a clean and safe condition, reasonable wear and tear excepted. (11) The waiver of any breach, covenant, condition or stipulation contained herein shall not be deemed a waiver of any subsequent breach. Any failure to enforce rights or remedies due to any 1537 West Desert Hills LLC default under this Agreement shall not affect the rights or remedies of the County in any subsequent default. (12) If any term of this Agreement is found to be invalid, unenforceable, or illegal, the remainder of this Agreement shall remain in full force and effect. (13) Any notice to 1537 West Desert Hills LLC addressed to the Property, or County at the address shown shall be sufficient if in writing and delivered in person or by mail. (14) This Agreement constitutes the entire agreement between the parties. This Agreement may not be altered, changed or amended except by the mutual written consent of the parties hereto. (15) This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. (16) The parties do not intend, and this Agreement shall not be constructed, to create a landlord/tenant relationship between the parties hereto. 9/24/2024 Parcel No. 211-50-015A Project No. TT0551 SKUNK CREEK CROSSINGS WEST DESERT HILLS DRIVE AT 15TH AVENUE Item No. D24015 FEE EXHIBIT <A-1= LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of the parcel of land as described in instrument 2020-0439169 Maricopa County Records situate in the Northwest Quarter of Section 30, Township 6 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and being more particularly described as follows: Commencing at the North Quarter corner of said Section 30, from which the Northwest corner of said Section 30, bears North 89°53'02" West, for a distance of 2613.28 feet; Thence along the North Section line of said Section, being the Northerly Right of Way line of Desert Hills Drive, North 89°53902= West for a distance 40.16 feet; Thence departing said Northerly Right of Way line, South 00°06958= West, for a distance of 65.00 feet to a point on the intersection of the Southerly Right of Way of Desert Hills Drive and the Westerly Right of Way line of 15th Avenue, said point being the Point of Beginning; Thence along said Westerly Right of Way, South 00°15'32" West, for a distance of 105.00 feet; Thence departing said Westerly Right of Way line, North 89°53'02"West, for a distance of 247.47 feet; Thence North 31°15'24" West, for a distance of 48.02 feet; Thence North 82°44'16" West, for a distance of 192.93 feet; Thence North 89°53'02" West, for a distance of 156.91 feet to a point on the Westerly line as described in said instrument; Thence along said Westerly line, North 00°13'47" East, for a distance of 40.00 feet to a point on said Southerly Right of Way line of Desert Hills Drive; Thence departing said Westerly line and along said Southerly Right of Way line, South 89°53'02" East, for a distance of 620.98 feet to the Point of Beginning. The above described parcel contains 44,339 square feet or 1.0179 acres, more or less, and is depicted on attached Exhibit "A-2". Maricopa County Department of Transportation Prelim:02/05/2024HP Chk: Appr: Rev: Maricopa County Real Estate Department D24074 ANTHEM COMMUNITY COUNCIL INC 211-86-556A Exhibit "A-2" D24690 ANTHEM COMMUNITY COUNCIL INC 211-86-5568 D24690 TCE Not to Scale EXIST R/W NO. L1 L2 L3 L4 L5 L6 L7 LB L9 L9 L7 --- / L6 , - <l:. D24015FEE (24015 =-..<;;, JESSICA WINN WOELPER \\. _____ L_4 ___ _ .c. I ..... ::x: LO <!> ,....._ z BEARING N 89 °53'02" W s 00 °06'58" w s 00 °15'32" w N 89 °53'02" W N 31 °15'24" W N 82 °44'16" W N 89 °53'02" W N 00 °13'47" E S 89 °53'02" E 211-50-01 SA Inst. 2020-0439169 M. C.R. LENGTH 40.16' 65.00' 105.00' 247.47' 48.02' 192.93' 156.91' 40.00' 620.98' LEGEND Inst. - Instrument M. C.R. - Maricopa County Records POC - Point of Commncement POB - Point of Beginning EXIST RIW - Existing Right of Way SEC LN - Section Line Drainage Easement Temporary Construction Easement Proposed Right of Way --------- -------- Total Req'd. R/W Area: 44,339 square foot or 1.0179 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION APN 211.50.01 SA SKUNK CREEK CROSSINGS i r L I PROJECT No. TT0551 ITEM No. D24015 FEE DATE 02/05/2024 MARICOPA COUNTY