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DocuSign Envelope ID: C23D7207-CCC7-4FF7-9646-4823DD16C3F9
ASSURANCE AGREEMENT
FINAL PLAT for WHITE TANK FOOTHILLS PARCEL 3.16
nN CAY-TH-29-%- 08
This Agreement is made on Api ___, 2024, by and between MARICOPA COUNTY, a
political subdivision of the State of Arizona, (hereinafter “County”); and NORTHERN CITRUS
LLP, an Arizona limited liability partnership successor by merger to Citrus & Northern LLC, an
Arizona limited liability company with an address of c/o Allard Developments 10218-111 Street
N.W. Edmonton Alberta TSK 19, (hereinafter, the “Owner’), The term Owner as used herein
shall include Owner and any and all successors in title to the Property.
Whereas, Owner is the owner of certain real property full described in Exhibit A attached
hereto and made a part hereto (herein referred to as “Property”); and
Whereas, Owner has applied to the County pursuant to A.R.S. §11-821 et seq. to subdivide
the Property for single family residential development; and
Whereas, A.R.S. §11-821(C) provides: “The regulations shall require the posting of
performance bonds, assurances or such other security as may be appropriate and necessary to
ensure the installation of required street, sewer, electric and water utilities, drainage, flood control
and improvements meeting established minimum standards of design and construction;” and
Whereas, A.R.S. §11-822(A) provides: “No plat of a subdivision of land within the area of
jurisdiction of the County shall be accepted for recording or recorded until it has been approved
by the Board. The approval of the Board shall be endorsed in writing on the plat and shall also
include specific identification and approval of the assurances;” and
Whereas, development of the Property may require, in addition to internal infrastructure
necessary to serve the subdivision, infrastructure for improvements that are located along the
perimeter or outside the boundaries of the Property.
Whereas, Owner has requested that, to satisfy the statutory requirement for providing an
assurance to ensure the installation of required improvements, that the County enter into an
agreement with Owner that no building permits for the construction of homes for sale to third
parties shall be issued in connection with the Property unless and until such time as all required
improvements that meet the minimum standards of design and construction established by the
County pursuant to plans and specifications that have been approved by the County (i) have been
installed at no cost or expense to the County and (ii) have been inspected by the County, which
has been satisfied with such installation pursuant to guidelines adopted by the County; and
Whereas, any such agreement entered into between the parties shall be deemed to be a
“Building Permit Hold;” and
Whereas, the County is agreeable to entering into such a Building Permit Hold to serve as
the statutorily required assurance of performance provided all of the terms of such Agreement are
satisfied.
NOW THEREFORE, in consideration of the mutual premises contained herein and other
good and valuable consideration, the parties agree as follows:
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DocuSign Envelope ID: C23D7207-CCC7-4FF7-9646-4823DD16C3F9
1. The above recitals are incorporated herein as if fully reproduced at length.
2. Until such time as all required improvements that meet the minimum standards of design and
construction established by the County pursuant to plans and specifications that have been
approved by the County in connection with the approval of the Final Plat for Parcel 3.16 of
White Tank Foothills Phase 3A (i) have been installed at no cost or expense to the County and
(ii) have been inspected by the County and the Property Utility Providers, which has been
satisfied with such installations pursuant to guidelines adopted by the County and the Property
Utility Providers, no building permit shall be issued to allow construction on or in connection
with the Property except:
a. Building permits for the installation and completion of all required infrastructure for
the project pursuant to plans approved by any and all applicable agencies.
b. Not more than eight (8) building permits issued by the County in accordance with
applicable building codes for model homes located within the Property, each home to
be located on specific lots approved by the County and be part of a “model home
complex”. No issued building permit shall include the right to occupy any model home
for any purpose other than to demonstrate the style of home available to purchasers
within the project; provided that the garage and kitchen areas of one such home per
model complex, as designated by Owner, may be used for the purpose of conducting
sales of homes to prospective third party purchasers.
3. No building permit of any kind shall be issued unless and until this Agreement has been
recorded in the office of the Maricopa County Recorder. Upon completion of the infrastructure
which this Agreement assures or other proper termination of this Agreement, the County shall
execute an appropriate document presented to it by Owner for recording to provide notice that this
Agreement has terminated.
4. In the event the County Board of Supervisors shall not approve the subdivision plat for the
Property, this Agreement shall be deemed to be terminated and of no force or effect.
5. Owner shall, at all times thereafter during the pendency of this Agreement, maintain a
valid, active building permit for construction of any and ail required subdivision infrastructure
which has not been completed and approved by the appropriate agency or engage one or more
licensed contractors who shall maintain a valid, active building permit for construction of any and
all required subdivision infrastructure.
6. Should Owner breach this Agreement, any and ail building permits that have been issued
for the Property shall immediately cease to be valid unless and until a financial assurance, in form
and amount satisfactory to the County, has been provided to and accepted by the County.
7. This Agreement shall not be deemed to be satisfied unless and until all building permits
issued for the Property have been completed and all required warranty assurances have been
provided.
8. This Agreement may be terminated by Owner providing substituted assurances as required
by ordinances and regulations of Maricopa County as a substitute for this Agreement. Any
financial assurance shall be based upon one hundred twenty percent (120%) of a County approved
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DocuSign Envelope ID: C23D7207-CCC7-4FF7-9646-4823DD16C3F3
cost estimate, as prepared by a civil engineer licensed in the State of Arizona, for the remaining
improvements at the time of termination. Said estimate shall be based on current unit costs for the
various remaining work items.
9. This Building Permit Hold does not and shall not be interpreted to include required
assurances for any and all improvements required by Maricopa County Department of
Transportation that are located along the perimeter or outside the boundaries of the Property. Said
improvements shall be assured by proper financial assurance(s) pursuant to guidelines provided
by Maricopa County Department of Transportation
10. Nothing contained in this Agreement shall be construed as obviating the necessity of
Owner providing financial warranty assurances for any improvements pursuant to applicable
County ordinances, resolutions or rules.
il. This Agreement may be cancelled by the County pursuant to the terms of A.R.S. § 38-511.
12. All notices, and communications to be given under this Agreement shall be in writing and
shali be deemed to have been duly given if delivered personally (in which case the date of delivery
would the actual date), if mailed first-class, postage prepaid, or certified mail (in which case the
date of delivery would be three (3) days from the date of mailing), or if sent by telegram, telex,
facsimile, telecommunication or other similar form of communication (in which case the date of
delivery would be the date of receipt confirmation), as follows, or as otherwise provided by notice
to the other party:
ifto County:
Maricopa County Planning and Development Department
301 W. Jefferson St., Suite 170
Phoenix AZ 85003
Attention: Director
If to Owner:
Northern Citrus LLP
c/o Allard Developments
10218-111 Street N.W.
Edmonton Alberta TSK 1K9
Attn: Mr. Brad Clough
With a required copy to:
Biskind, Hunt & Semro, PLC
8901 East Pima Center Parkway, Suite 225
Scottsdale, Arizona 85258
Atin: Neil D. Biskind, Esq.
13. This Agreement shall inure to the benefit of, be binding upon, and be enforceable by the
parties to this Agreement and their respective successors and assigns. This Agreement shall run
3-
DocuSign Envelope ID: C23D7207-CCC7-4FF7-9646-4823DD 16C3F9
with and be an encumbrance upon the Property. Owner may, without the consent of the County,
assign this Agreement, in whole or in part, to any person or entity that succeeds to Owner’s interest
in all or part of the Property, and from and after delivery to the County of notice of such
assignment, together with a copy of the written assignment, the assigning Owner shall be relieved
of all obligations under this Agreement so assigned arising thereafter.
14. This Agreement, including all Exhibits, constitutes the entire agreement and understanding
between the parties relating to the provision of assurances required by statute and supersedes all
prior representations, communications and arrangements, whether oral, written or inferred,
between the parties relating to that subject matter. This Agreement shall not be amended or
modified except by a writing duly executed by Owner and the County. The waiver of any breach
of any term or condition of this Agreement shalf not be deemed to constitute the waiver of any
other breach of the same or any other term or condition.
15. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions of this Agreement, and any such prohibition or
unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in
any other jurisdiction.
16. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shal! constitute one and the same instrument.
17. Owner shall provide to the County, satisfactory evidence that the person executing this
Agreement for Owner has been authorized to do so.
Dated as of the day and year first above written.
[Signatures on Next Page]
DocuSign Envelope ID; C23D7207-CCC7-4FF 7-9646-4823DD16C3F9
OWNER: .
NORTHERN CITRUS LLP,
an Arizona limited liability partnership
By: Hinton Financial Services, Inc.
its general partner
By: ht Cag
Brad Clough, Presidgft
NOTARY ACKNOWLEDGEMENT
PROVINCE OF ALBERTA
City of Edmonton
The foregoing jnstrument was acknowledged before me this , yh day of
| or , 2024, by Brad Clough, the President of Hinton Financial
Services, Inc., the general partner of Northern Citrus LLP, an Arizona limited liability
partnership, for and on behalf thereof.
SA sar A
Notary Plblic
JARRET J. BIARD
ae PRO VINCE OF ALBERTA
IN AND FOR THE PROVIN
MY APPOINTMENT EXPIRES DECEMBER 31, 2025
CHY-24-214-L-00
DocuSign Envelope ID: C23D7207-CCC7-4FF7-9646-4823DD16C3F9
COUNTY:
MARICOPA COUNTY BOARD OF SUPERVISORS
By:
Name:
Title:
ATTEST:
Date:
Clerk of the Board of Supervisors
Approved as to form and content:
DocuSigned by:
W Puck Date; 3/26/2024
Deputy-Gou OSMOFAey
NOTARY ACKNOWLEDGEMENT
STATE OF ARIZONA
County of Maricopa
The foregoing instrument was acknowledged before me this day of
, 2024, by , the
of MARICOPA COUNTY, a political subdivision of the
State of Arizona, for and on behalf thereof.
(Seal)
Notary Public
DocuSign Envelope ID: C23D7207-CCC7-4FF7-9646-4823DD16C3F9
EXHIBIT A
(Legal Description of the Owner Property)
LEGAL DESCRIPTION for WHITE TANK FOOTHILLS PARCEL 3.16 as attached.
DocuSign Envelope ID: C23D7207-CCC7-4FF7-9646-4823DD16C3F9
Job No, 20-1596 July 17, 2023
Legal Description
FINAL PLAT OF PHASE 3
"WHITE TANK FOOTHILLS PARCEL 16"
A portion of the Southwest Quarter of Section 34, Township 3 North, Range 2 West, of the Gila and Salt
River Meridian, Maricopa County, Arizona, and more particularly described as follows:
BEGINNING at the Southwest corner of said Section 34, being a 3-inch brass cap, from which the South
quarter corner of said Section 34, being a % inch rebar, bears North 89 degrees 53 minutes 22 seconds
East, 2,642.16 feet (BASIS OF BEARING);
Thence along the South line of the Southwest Quarter of said Section 34, North 89 degrees 53 minutes
22 seconds East, 1723.91 feet;
Thence North 00 degrees 06 minutes 38 seconds West, 1355.66 feet to the POINT OF BEGINNING;
Thence South 89 degrees 53 minutes 29 seconds West, 225.00 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 115.06 feet to the beginning of a non-tangent
curve, concave Northeasterly, from which the radius point bears North 02 degrees 33 minutes 46
seconds East, 55.00 feet;
Thence along said curve to the right, through a central angle of 104 degrees 40 minutes 11 seconds, an
arc distance of 100.48 feet to a point of reverse curvature of a curve with radius of 55.00 feet;
Thence along said curve to the left, through a central angle of 17 degrees 20 minutes 29 seconds, an arc
distance of 16.65 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 47.20 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 115.00 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 150.01 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 6.86 feet to the beginning of a curve, concave
Southeasterly, with radius of 55.00 feet;
Thence along said curve to the left, through a central angle of 17 degrees 20 minutes 29 seconds, an arc
distance of 16.65 feet to a reverse curve with radius of 55.00 feet;
Thence along said curve to the right, through a central angle of 124 degrees 40 minutes 58 seconds, an
arc distance of 119.69 feet to a point of reverse curvature of a curve with radius of 55.00 feet;
EPS Group, Inc. © 1130 N Alma School Read, Suite 1200 Mesa, AZ 85201
Tel {480} 503-2250 © Fax (480) 503-2258
S:\Projects\2020\20-1596\Land Survey\Legals\20-1596 Final Plat Phase 3 - Parcel 16\20-1596 Parcel £6 - Legal Description.docx
DocuSign Envelope ID: C23D7207-CCC7-4FF7-9646-4823DD16C3F9
Gis
Thence along said curve to the left, through a central angle of 17 degrees 20 minutes 29 seconds, an arc
distance of 16.65 feet;
Thence North 00 degrees 06 minutes 31 seconds West, 332.45 feet to the beginning of a curve, concave
Westerly, with radius of 375.00 feet;
Thence along said curve to the left, through a central angle of 08 degrees 08 minutes 51 seconds, an arc
distance of 53.33 feet;
Thence South 81 degrees 44 minutes 38 seconds West, 120.01 feet to the beginning of a non-tangent
curve, concave Easterly, from which the radius point bears North 81 degrees 44 minutes 47 seconds
East, 1750.00 feet;
Thence along arc of said curve to the right, through a central angle of 08 degrees 18 minutes 03 seconds,
an arc distance of 253.53 feet;
Thence North 00 degrees 02 minutes 40 seconds East, 115.53 feet to the beginning of a curve, concave
Southeasterly, with radius of 1450.00 feet;
Thence along said curve to the right, through a central angle of 11 degrees 59 minutes 37 seconds, an
arc distance of 303.53 feet;
Thence South 64 degrees 36 minutes 49 seconds East, 125.95 feet;
Thence North 25 degrees 23 minutes 11 seconds East, 150.00 feet;
Thence South 64 degrees 36 minutes 49 seconds East, 399.61 feet;
Thence North 52 degrees 24 minutes 44 seconds East, 61.35 feet;
Thence South 00 degrees 00 minutes 00 seconds East, 103.31 feet;
Thence South 25 degrees 23 minutes 11 seconds West, 89.33 feet;
Thence South 09 degrees 19 minutes 21 seconds West, 38.92 feet;
Thence South 00 degrees 02 minutes 40 seconds West, 90.00 feet;
Thence South 00 degrees 06 minutes 31 seconds East, 415.00 feet;
Thence North 89 degrees 53 minutes 29 seconds East, 105.00 feet;
Thence South 00 degrees 06 minutes 31 seconds East, 50.00 feet;
Thence North 89 degrees 53 minutes 29 seconds East, 50.32 feet;
EPS Group, Inc. ® 1130 N Alma School Road, Suite 1208 Mesa, AZ 85201
Tal (480) 503-2250 ® Fax (480) S03-2258
SAProjects\2020\20-1596\Land Survey\Legals\20-1596 Final Plat Phase 3 - Parcel 16\20-1596 Parcel 16 - Legal Description.dacx
DocuSign Envelope !D: C23D7207-CCC7-4FF7-9646-4823DD 16C3F9
GHD
Thence South 00 degrees 06 minutes 31 seconds East, 240.00 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 100.59 feet;
Thence South 00 degrees 06 minutes 31 seconds East, 330.00 feet;
Thence South 89 degrees 53 minutes 29 seconds West, 12.56 feet;
Thence South 00 degrees 06 minutes 31 seconds East, 120.00 feet to the POINT OF BEGINNING.
Containing an area of 746,631 square feet 17.1403 acres, more or less.
EPS Group, Inc, ¢ 1130 N Alma School Road, Suite 120° Mesa, AZ 85201.
‘Tel (480} 503-2250 ¢ Fax (480} 503-2258
SAProjects\2020\20-1596\Land Survey\Legals\20-1596 Final Plat Phase 3 - Parcel 16\20-1596 Parcel 16 - Legal Description.dacx