A. AGREEMENT FOR COST-TO-CURE COMPENSATION.PDF

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Department

EXEMPT ARS 11-1134, A3

£0

AGREEMENT FOR COST-TO-CURE COMPENSATION

Parcel No.: 501-46-850 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd to 111" Ave)

Item No.: D22494 (KS)

This Agreement is entered into by MARICOPA COUNTY, a political subdivision of the State of
Arizona and Premiere RV & Mini Storage LLC, an Arizona limited liability company and shall
become effective upon acceptance by the Maricopa County Board of Supervisors. Maricopa
County and Premiere RV & Mini Storage 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 Premiere RV & Mini Storage LLC, an Arizona limited liability company (“Premiere”);

WHEREAS, in order to accomplish the proposed roadway improvements, the existing
entrance of Premiere off El Mirage Rd the current block fencing shall be converted to wrought-
iron “view” fencing for better sight visibility of pedestrian and sidewalk traffic.

WHEREAS, the Parties agree that Premiere, for the payment as hereinafter defined, shall
enter into a contract to cause a section of current block fencing to be converted to wrought-iron
fencing.

Parcel No.: 501-46-850 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd to 111 Ave)

Item No.: D22494 (KS)

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 Fourteen Thousand Eight Hundred
Twenty-Nine Dollars and Thirty-One Cents ($14,829.31) payable to Premiere RV & Mini
Storage LLC, an Arizona limited liability company as Payment in full for cost-to-cure
(“Payment”).

The Payment is broken down as follows:

Desert West Industries LLC (General Contractor)

1. Demo $1.738.39

2. Haulage $347.68

3. Remove and Replace lock box, address numbers $231.79

4. Block fence work $8,455.19

5. Wrought iron work $4,056.26
TOTAL $14,829.31

Page 2 of 7

Parcel No.: 501-46-850 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd to 111" Ave)

Item No.: D22494 (KS)

Premiere RV & Mini Storage LLC, AGREES:

To accept the sum of Fourteen Thousand Eight Hundred Twenty-Nine Dollars and
Thirty-One Cents ($14,829.31) as full and final payment for the section of the current block
fencing to be converted to wrought-iron fencing as detailed on page 2 above.

1. Premiere acknowledges and agrees the Payment constitutes full and final payment
for the work associated with the section of current block fencing to be converted to wrought-iron
fencing as detailed on page 2 above (“Work”). Premiere further acknowledges and agrees the
Payment is based upon estimates obtained by Premiere and provided to Maricopa County.
Therefore, should the actual cost of the Work exceed the Payment, Premiere 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 within sixty (60) days following
execution (signing) of this agreement and/or November 30", 2021, whichever occurs first
(‘Completion Date”). Premiere acknowledges the importance of the Completion Date and further
acknowledges Maricopa County cannot and will not extend the Completion Date. Therefore, if
Premiere fails to complete the Work by the Completion Date, Maricopa County shall not be liable
to Premiere for any and all damages to real property, improvements or any other damage otherwise
suffered by Premiere.

3. To assume responsibilities for any and all construction, maintenance and repair of
the section of current block fencing to be converted to wrought-iron fencing as detailed on page 2
above.

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 the section of current block fencing to be converted to wrought-iron fencing
as detailed on page 2 above.

6. Premiere agrees to indemnify, defend and hold harmless County from damages,

and claims, arising out of the negligent or willful acts or omissions of Premiere its agents, partners,
tenants, employees, or contractors in connection with the work.

Page 3 of 7

Parcel No.: 501-46-850 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd to 111" Ave)

Item No.: D22494 (KS)

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 respéct 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.

8. No modification of this Agreement shall be effective unless in writing and signed
by the Parties hereto.

Page 4 of 7

Parcel No.: 501-46-850 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd to 111" Ave)

Item No.: D22494 (KS)

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 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.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

SIGNATURE PAGES FOLLOW

Page 5 of 7

Parcel No.: 501-46-850 (a portion of)
Project No. -TT63¥ Northern Parkway
(Dysart Rd to 111" Ave)

Ttem No.: D22494 (KS)

Dated this '7 day of Pracust ,202\.

GRANTOR: Premiere RV & Mini Storage LLC, an Arizona limited liability company

By: LrexeWre

(Signature) O Luve 3. Palmro

Its: Morag
(Title)  O

Cahrforu ve
STATE OF ARIZONA )

res J §
COUNTY OF yeneoea” )

The foregoing instrument was acknowledged before me this td) la day of Auguste 5

202\ ,by kywke 3. Palmo its Manns ee ‘ , of
: (Name of Officer) (Title) ~

Premiere RV & Mini Storage, LLC, an Arizona limited liability company, on behalf of the

company.

My Commission Expires Sue (4, 200 EZ |

Notar¥ Public (signature)

JUNG RAN CHOI! }
COMMISSION NO. 2243660 2
NOTARY PUBLIC.CALIFORNIA @
SAN DIEGO COUNTY
COMMISSION EXPIRES JUNE 19, 2022 i

Notary Stamp Seal

Page 6 of 7

DocuSign Envelope ID: C7AE60DF-4116-4F0A-9864-A6FC7EA6463B

Parcel No.: 501-46-850 (a portion of)
Project No.: TT0347 Northern Parkway
(Dysart Rd to 111" Ave)

Item No.: D22494 (KS)

RECOMMENDED FOR APPROVAL:

jocuSigned by: DocuSigned by:
een fen Kimberly, Komero

OF 33F96FD64243F... BEE3AS8FF2B6416...

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
DocuSigned by:

pd Bude 8/24/2021
Deputy County Attorney Date

Page 7 of 7

Desert West Industries LLC
PO Box 1533

Estimate

Litcfield Park, AZ 85340 Date Estimate #
5/14/2021 967
Name / Address
Premier RV & Mini Storage
8030 N. El Mirage Rd.
El Mirage, AZ 85335
Project
Description Total
Improve visibility on entrance and exit on El Mirage Road.
Included:
Remove 29' X 5' 10" of existing block wall.
Dispose of block wall that is removed.
Add one (1) row of 8" X 8" X 16" block on top of wall to bring to the height required by the city.
Grout and smooth tops and ends of block wall. Grout remaining wall where required to facilitate mounting
of wrought iron panels.
Provide and install 29' X 5' 10" wrought iron panels to replace block wall that was removed,
Provide and install posts as required to support existing rolling gate.
Remove and re-install fire department lock box and address numbers,
Permitting
Demo 1,738.39
Haulage 347.68
Remove and Replace lock box, address numbers 231.79
Block fence work 8,455.19
Wrought iron work 4,056.26
Terms: $11,740.00 deposit required for materials and permitting, balance due upon completion.
Thank you for your business.
Total $14,829.31

Phone # Signature

Norm: 602-300-5867 Felix: 602-561-1076