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WREN RECORDED RETURN TO:
Maricopa County
Real Estate Department
EXEMPT ARS 11-1134, A3
AGREEMENT FOR COST-TO-CURE COMPENSATION
Parcel No.: 104-50-003 (a portion of)
Project No.: TT0495 Lower Buckeye Road
Project Termini: 71st Ave to 67th Ave
Item No.: D23725 (JR)
This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona and Kendall G. Nunez, a single man, and shall become effective upon acceptance by the
Maricopa County Board of Supervisors. Maricopa County and Kendall G. Nunez, a single man,
shall collectively be referred to herein as the "Parties."
RECITALS
WHEREAS, Maricopa County is impacting a portion of real property ("Property") owned
by Kendall G. Nunez, a single man.
WHEREAS, in order to accomplish the proposed roadway improvements, the block wall
and rolling gate will need to be removed from within the Temporary Construction Easement area
to accommodate the new driveway grade.
WHEREAS, the Parties agree that Thirty Three Thousand Five Hundred and No/100
Dollars ($33,500.00) for the payment as hereinafter defined, shall enter into a contract to remove
and reconstruct the block wall and rolling gate from within the Temporary Construction Easement
area to accommodate the new driveway grade.
Page 1 of 7
Parcel No.: 104-50-003 (a portion of)
Project No.: TT0495 Lower Buckeye Road
Project Termini: 71s t Ave to 67th Ave
Item No.: D23725 (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 incorporated herein and made a part of this
Agreement.
MARICOPA COUNTY AGREES:
1.
To issue a warrant in the amount of Thirty Three Thousand Five Hundred and
No/100 Dollars ($33,500.00) payable to Kendall G. Nunez, a single man, as Payment in full for
the cost-to-cure ("Payment"). This payment will occur in two (2) disbursements.
The Payment is broken down as follows:
Concrete Fencing 7' 50 lf
$ 3,500.00
Rolling Access Gate Replacement
$30,000.00
Balance of Cost to Cure to Kendall G. Nunez
$33,500.00
Schedule:
•
Phase 1: A representative from the Real Estate Deparment will contact the owner in
January 2021 to begin coordination of the block wall and gate removal from the Temporary
Construction Easement area. The first disbursement of the cost to cure Sixteen Thousand
Seven Hundred Fifty and No/100 Dollars ($16,750.00) will be paid to Property Owner
to remove the existing rolling gate and concrete fencing by March 19, 2021 (Completion
Date). MCDOT contractor will coordinate with owner to install temporary fencing and
gate to secure the property until completion of construction.
•
Phase 2: Roadway construction is currently scheduled to begin on June 15, 2021 and end
February 1, 2022. Construction activities at your property are anticipatd to be
approximately two (2) weeks during the construction timeframe.
•
Phase 3: Upon completion of construction at the subject site. A representative from the
Real Estate Department will contact the owner to begin coordination of reestablishing the
block wall and rolling gate. The remaining balance of the cost to cure Sixteen Thousand
Seven Hundred Fifty and No/100 Dollars ($16,750.00) will be paid to the owner to
complete this work.
Page 2 of 7
Parcel No.: 104-50-003 (a portion of)
Project No.: TT0495 Lower Buckeye Road
Project Termini: '71st Ave to 67th Ave
Item No.: D23725 (JR)
Kendall G. Nunez AGREES:
To accept the sum of Thirty Three Thousand Five Hundred and No/100 Dollars
($33,500.00) as full and final payment to reconstruct the block wall and rolling gate within the
Temporary Construction Easement area to accommodate the new driveway grade, as detailed on
page 2 above.
1.
Kendall G. Nunez acknowledges and agrees to the split disbursement of payments
for the work associated with the removal/reestablishment of the block wall and
rolling gate within the Temporary Construction Easement area to accommodate the
new driveway grade. ("Work"). Kendall G. Nunez further acknowledges and
agrees that the total payment of Thirty Three Thousand Five Hundred and
No/100 Dollars ($33,500.00) is based upon estimates provided to Maricopa County
as per the Appraisal Report. Therefore, should the actual cost of the "Work" exceed
the Payment, Kendall G. Nunez, 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.
2.
To complete all "Work" as described herein this project will occur in three phases.
First Phase is the removal of the wall, and gate from within the TCE area by March 19, 2021.
Second Phase is the roadway construction from June 15, 2021 and end February 1, 2022. The Third
Phase is the reestablishment of the wall and gate. Kendall G. Nunez acknowledges the importance
of this coordination, and further acknowledges Maricopa County cannot and will not extend the
Completion Date of his cost to cure activities. Therefore, if Kendall G. Nunez, fails to complete
the Work by the Completion Date, the County contractor will perform the removal of the fencing
and gate. Maricopa County shall not be liable to Kendall G. Nunez for any and all damages to
real property, improvements or any other damage otherwise suffered by Kendall G. Nunez.
3.
To assume responsibilities for any and all maintenance and repair of removal and
reconstruction of block wall and rolling gate within the Temporary Construction Easement.
4.
That County shall not be 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.
To coordinate with the appropriate jurisdictions for the proper installation
and construction of block wall and rolling gate within the Temporary Construction Easement location.
6.
Kendall G. Nunez agrees to indemnify, defend and hold harmless County from damages,
and claims, arising out of the negligent or willful acts or omissions of Kendall G. Nunez its agents,
partners, tenants, employees, or contractors in connection with the work.
Page 3 of 7
Parcel No.: 104-50-003 (a portion of)
Project No.: TT0495 Lower Buckeye Road
Project Termini: 71' Ave to 67 th Ave
Item No.: D23725 (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.
Page 4 of 7
Parcel No.: 104-50-003 (a portion of)
Project No.: TT0495 Lower Buckeye Road
Project Termini: 71' Ave to 67th Ave
Item No.: D23725 (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.
Page 5 of 7
My Commission Expires (0a4
1020
Trurtep
tary Publ (signature)
Parcel No.: 104-50-003 (a portion of)
Project No.: TT0495 Lower Buckeye Road
Project Termini: 71' Ave to 67 th Ave
Item No.: D23725 (JR)
Dated this
day of
IN \ re_h
Grantor: Kendall G. Nunez, a single man
Kendall G. Nunez (signature)
STATE OF A Do aG.._
) ss
COUNTY OF I Air 1 co0a
, 2 0
.
The foregoing instrument was acknowledged before me this
day of Martil
2a0, by Kendall G. Nunez, a single man.
wraiii•NO.11111.1116.Y.1111iMENi•
JENNIFER RODRIGUEZ
Notary Public -Arizona
Marlcopa County
My
Ission
25. 202Ex0Pil
im
Notary Stamp Seal
Page 6 of 7
Real Property)ofanager
Parcel No.: 104-50-003 (a portion of)
Project No.: TT0495 Lower Buckeye Road
Project Termini: 71' Ave to 67 th Ave
Item No.: D23725 (JR)
RECOMMENDED FOR APPROVAL:
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 of the Board of Supervisors
6,k
Deputy County Attorney
Date
Date
Page 7 of 7
Parcel No. 104-50-003
Project No. TT495
LOWER BUCKEYE RD
(71ST AVE TO 67TH AVE)
Item No. D23725-1
EXHIBIT "A"
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT
A parcel of land being a portion of that property as described in Document 2013-1083987, Maricopa
County Records, lying within the Northeast quarter of Section Twenty Four, Township One North,
Range One East of the Gila and Salt River Base and Meridian, and being more particularly described
as follows:
Commencing at the Northeast corner of the Northeast quarter of said Section 24, being a brass cap in
handhole, from which the East quarter corner of said Section 24, being a brass cap in handhole, bears
South 00°32'40" West, for a distance of 2629.08 feet;
TCE 1:
Commencing at the Northeast corner of the Northeast quarter of said Section 24, being a brass cap in
handhole, from which the East quarter corner of said Section 24, being a brass cap in handhole, bears
South 00°32'40" West, for a distance of 2629.08 feet;
thence along the North line of said Northeast quarter North 89 016'01" West, for a distance of 258.51
feet;
thence South 00°43'59" West, for a distance of 40.00 feet to the Point of Beginning;
thence South 01°39'59" West, for a distance of 15.00 feet;
thence North 89°16'01" West, for a distance of 28.00 feet;
thence North 01°39'59" East, for a distance of 15.00 feet;
thence South 89°16'01" East, for a distance of 28.00 feet to the Point of Beginning.
The above described parcel contains 420 square feet or 0.0096 acres more or less.
CONTINUED ON NEXT PAGE
GRANTOR DATE
Page 1 of 2
EXHIBIT "A"
TCE 2:
Commencing at the Northeast corner of the Northeast quarter of said Section 24, being a brass cap in
handhole, from which the East quarter corner of said Section 24, being a brass cap in handhole, bears
South 00°3240" West, for a distance of 2629.08 feet;
thence along the North line of said Northeast quarter North 89°1601" West, for a distance of 163.50
feet;
thence South 00°43'59" West, for a distance of 40.00 feet to the Point of Beginning;
thence South 00°32'45" West, for a distance of 10.00 feet;
thence North 89°16'01" West, for a distance of 28.19 feet;
thence South 01°43'59" West, for a distance of 13.00 feet;
thence North 89 01601" West, for a distance of 34.00 feet;
thence North 01°43'59" East, for a distance of 23.00 feet;
thence South 89 01601" East, for a distance of 61.99 feet to the Point of Beginning.
The above described parcel contains 1,063 square feet or 0.0244 acres more or less.
All described parcels combined contain 1,483 square feet or 0.0365 acres more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: OL- 08/21/19
Chk:
APPE
("-.17-20/ 61
Rev:
Maricopa County Public Works - Real Estate Department
GRANTOR /-1- ,L1 DATE
.3-0 —ZOR2
EXHIBIT "A"
Page 2 of 2
EXIST RAN
Lower Buckeye Rd
N89°16'01"W
2618.05'
SEC LN 1;`- Lb°
Zt-.3
POB
L8
N.T.S.
POC
I
--I
L14
L4
_A
r
—
L13
..L12
—1— \-L11
L7
L5
TCE 1
TCE 2
023725
104-50-004B
Kendall G. Nunez 104-50-001A
104-50-003
L3
NO.
BEARING
LENGTH
Li
N 89°16'02" W
163.50'
L2
S 00 043 159" W
40.00'
L3
S 00 03245" W
10.00'
L4
N 89°16'01" W
28.19'
L5
S 01 043 159" W
13.00'
L6
N 89°16'01" W
34.00'
L7
N 01 043 159" E
23.00'
L8
S 89°16'01" E
61.99'
NO.
BEARING
LENGTH
L10
N 89°16'02" W
258.51'
L11
S 00°43'59" W
40.00'
L12
S 01°39'59"W
15.00'
L13
N 89°16'01" W
28.00'
L14
N 01°39'59" E
15.00'
L15
S 89°16'01" E
28.00'
D23725-1 Temporary Construction Easement:
TCE 1: 420 square feet or 0.0096 acres
TCE 2:1,063 square feet or 0.0244 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT
110495 Lower Buckeye Rd - 71st Ave TO 67th Ave
R/W Agent: J.Rob.
Tech: OL
PROJECT No. TT0495
ITEM No. D23725-1
DATE 8-26-19
M.C.D.O.T.
N
ellomal Impacts:
-Construct tie-in to existing
gravel driveway
-Reconstruct existing chain
link fence and gate
-420 Sq. Ft. TCE
Impacts:
-Construct tie-in to existing
gravel driveway
-Reconstruct existing sliding
gate and block wall
-1,063 Sq. Ft. TCE
6715W. Lower Buckeye Rd
Parcel #
104-50-003
LEGEND
e-
LOWER BUCKEYE ROAD
71ST AVE TO 67TH AVE
Existing Right-Of-Way
Property Line
Temporary Construction
Easement
New Sidewalk
New Driveway
Driveway Tie-in
ri
Lower Buckeye Rd
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