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Maricopa County Department of Transportation Dedication Purchase Agreement and Escrow Instructions Title Company Fidelity National Title — Phoenix NCS Date 8/09/2023 Address 1 East Washington St., Suite 450 Phone (602) 343-7570 City, State, Zip Phoenix, AZ 85004 Fax Escrow Officer Michelle Burton Email michelle.burton@fnf.com Escrow No. 2139538A-001-MB1 WSD-HAMILTON POWER AND RIGGS STORAGE, LLC, a Delaware limited Grantor: liability company Phone: _| (480) 398-3829 Contact: Shawn Hanrahan Cell: Mailing shanrahan@hubbardengi Address: 1201 S. Alma School Rd. Suite 12001 Email: neering.com City, State, Zip Mesa, AZ 85210 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: | Maricopa County Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or Sub- Charges and Disbursements to be paid from Grantor's funds as follows deposit with the Title Company if escrowed, the purchase price | Object | (check all that apply): plus all lawful costs incidental to closing as follows: Code I Escrow Fees TBD [J Total Acquisition of Grantor's Property: Full release of all Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind. Pay in full all due and delinquent real property taxes and general and special improvement assessments. Prorate the Total Escrow & Title Fees 0.00 current year's real property taxes on closings that occur on or After the 3rd Monday of August each year. Escrow Agent Recording Fees: shall withhold the prorated amounts from each party and pay Deed the lien of the current year's taxes in full. Easement KX) Partial Acquisition of Grantor's Property: Partial release of Mortgage Release all Release of Lease monetary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent Total Recording Fees property taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within the Release Fees Maricopa County's partial acquisition, and any Certificate(s) S.R.V.W.U.A. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless ofthe closing date. i [_Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges [1_Other Disbursements: | Sub Total 0.00 Land * $0.00 Possession date: Upon Signature Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes X | NoC] Exhibit "B" Total Closing Costs*** 0.00 Entry Agreement Yes LJ | NoX Total Purchase Price $0.00 Addendum attached hereto and made a Yes] | NoX TOTAL WARRANT** $0.00 part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Purchase Price" only. *** All Closing Costs to be paid by Seller. Project: Power Road and Riggs Road PCN: | TT0008 Assessor Parcel No.: 304-88-083H Item No | DD10915 Right of Way Agent: Alicia Hernandez Telephone # | (602)506-8163 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow. The Right of Way Agent or MARICOPA COUNTY - Real Estate Department will be furnished a copy of the Grantor’s closing statement with the following certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from MARICOPA COUNTY.” The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a copy of this request or a copy of a signed receipt is to be retained in the escrow file. The property owner will pay the costs of the owner’s title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow. In the alternative, Maricopa County may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not applicable. The property owner/applicant is responsible for all title and escrow cancellation fees if the closing/recording process is not completed. If this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and recording of the documents. It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration expressed herein is likewise; full and complete compensation for all injury or damage to the Grantor’s remaining lands by reason of their severance from the part being acquired and the construction of the improvements in the manner proposed by MARICOPA COUNTY. If MARICOPA COUNTY is acquiring only a portion of Grantor’s property, then Grantor grants to MARICOPA COUNTY, its agents, employees and contractors, the right to enter Grantor’s remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of way, if required. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the Grantor's property caused by MARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821. It is further understood and agreed that this temporary right will expire and terminate thirty (30) days after completion of the above referenced project. This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. GRANTOR: WSD-HAMILTON POWER AND RIGGS STORAGE, LLC, a Delaware RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: limited liability company By MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF Its: President OF TRANSPORTATION SUPERVISORS 7-— DocuSigned by: Jurwufur Rodrigues ‘Sat SOFOFDFECISE: Right of Way Supervisor Chairman of the Board 2/44/9922 OP E47 205 ATTEST: Date August 4, 2024 Date Approved as to form within the powers and authority of the Board of si Clerk of the Board of Supervisors Supervisors 7 DocuSigned by: Way Pu 8/14/2023 COSESDODEMICAES: Deputy County Attorney Date Date 2 Exhibit “B” RIGHT OF WAY AGREEMENT Parcel No.: 304-88-083H Project No.: TT0008 Project Name: Power Rd and Riggs Rd Item No.: DD10915 (AH) WHEREAS in consideration hereinafter set forth, it is agreed, that this instrument contains the entire agreement between the Grantor and Maricopa County. No further consideration is being paid than described in this contract. THE GRANTEE AGREES: A, B. To use the real property described in Exhibit "A" for the general welfare and benefit of the public. That, if in the opinion of the Transportation Director, it becomes necessary, private structures will be relocated in kind to the Grantor's property, clear of the property described herein, at no expense to the County. With respect to the development/redevelopment of the property prior to any roadway construction, Grantor will be responsible only for the costs of improvements required by the County or a municipality as part of a regulatory approval related to development/redevelopment of the property. THE GRANTOR AGREES: 1. To grant a Warranty Deed for the real property described in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. That acceptance of this property in no way obligates Maricopa County to construct or maintain a roadway within the Right of Way granted by this document. To be responsible for maintenance of the dedicated right of way until such time if and when a roadway is built, to minimum county standards, and the roadway is open and declared into the Maricopa County Transportation System.