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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 Project : TT0551 D24016 R1 PONDEROSA 2018 LLC APN: 211-50-007-C Cordova(s): MICHAEL C and SUZANNE E CORDOVA Property Address: 39205 N 15TH AVE, PHOENIX AZ 85086 THIS AGREEMENT is made this 31st day of July, 2024, by and between Maricopa County (hereinafter referred to as the County) and Michael C. and Suzanne E. Cordova (hereinafter referred to as Cordova). 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 39205 N. 15th Ave, Phoenix, AZ 85086 (hereinafter referred to as the Property), which was acquired for the Skunk Creek Crossings at Desert Hills Drive project referenced above. Cordova 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 December 31, 2024, unless sooner terminated as provided herein. Purpose: It is the purpose of this Agreement to allow Cordova sufficient time to find a suitable place to relocate from the Property. Terms: (1) The Property shall be used and occupied by Cordova only without right of assignment or to permit occupancy by others for any period in excess of three (days). (2) Cordova shall make no alteration in, to or on the Property without the prior written consent of the County. Cordova will not use the Property for any purpose in violation of any federal, state or local law, ordinance or regulation. (3) Cordova 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 Cordova, Cordova 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. Cordova is fully familiar with the physical condition of the Property and accepts the Property in its present condition as satisfactory to the Cordova’s needs. (5) Cordova 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) Cordova 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 the Cordova 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 the Cordova adequately remedies the breach before the date specified in such notice, the Agreement will not terminate. (8) Cordova 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 Cordova’s use, occupancy and enjoyment of the Property. (9) Cordova 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, Cordova 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 Cordova 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 Cordova 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. IN WITNESS WHEREOF the parties have set their hands the day and year in this Agreement first above written. Parcel No. 211-50-007C Project No. TT0551 SKUNK CREEK CROSSINGS WEST DESERT HILLS DRIVE AT 15TH AVENUE Item No. D24016 FEE EXHIBIT “A-1” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land in the Northeast Quarter of Section 30, Township 6 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, as described in Deed Instrument No. 2018-0865122 and being more particularly described as follows: Commencing at the North Quarter corner of said Section 30, from which the Northeast corner of said Section 30, bears South 89°51'48" East, for a distance of 2642.12 feet; Thence along the North Section line of said Section, being the Northerly Right of Way line of Desert Hills Drive, South 89°51'48" East, for a distance of 39.86 feet; Thence departing said Northerly Right of Way line, South 00°08'12" 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 Easterly Right of Way line of 15th Avenue, said point being the Point of Beginning; Thence along said Southerly Right of Way line South 89°51'48" East, for a distance of 310.35 feet; Thence South 00°15'38" West, for a distance of 20.00 feet; Thence North 89°51'48" West, for a distance of 310.35 feet to a point on said Easterly Right of Way line of 15th Avenue ; Thence along said Easterly Right of Way, North 00°15'32" East, for a distance of 20.00 feet to the Point of Beginning. The above described parcel contains 6,207 square feet or 0.1425 acres, more or less, and is depicted on attached Exhibit "B". MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 09/29/2023KH Chk: Appr: Rev: Maricopa County Real Estate Department 9/29/23 D24690 Anthem Community Council Inc 211-86-5568 Exhibit D24691 Anthem Community Council Inc 211-86-971 ------- Notto Scale --- -"""""""=,.......-- --- --- --- --- --- SEC LN & EXIST RIW \- 1 S89°51'48"E 2642.12' -----I-___ W DESERT HILLS DR ----- I ..J I I POB 65' RIGHT OF WAY - N89°51'48"W EXIST R/W I I & Q) ( .c. +-' LO ...... z >- ' 1--:::c: (!) a: D24016 FEE L---- 1 I D24016 Michael CI Suzanne E Cordova 211-50-00lC Inst 2018-0865122 M.C.R. IFGFND Inst. - Instrument M. C.R. - Maricopa County Record POC - Point of Commncement POB - Point of Beginning EXIST R/W- Existing Right of Way ----- - - - - SEC LN - Section Line - --- -- Drainage Easement -- -- - Temporary Construction Easement --------- Proposed Right of Way ----- - - - - NO. BEARING LENGTH L1 s 00°08'12" w 65.00' L2 s 00°15'38" w 20.00' L3 N 00°15'32" E 20.00' Total Req'd. RIW Area: 6,207 square foot or 0.1425 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION APN 211.50.00?C SKUNK CREEK CROSSINGS PROJECT No. TT0551 ITEM No. D24016 FEE DATE 09/29/2023 MARICOPA COUNTY R/W AGENT S.O. "A-2" 9/29/23