Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout12/21/2020 Item 016 MOHAVE COUNTY REQUEST FOR BOARD ACTION FORM
FORMAL ACTION ❑
FROM: Steven P. Latoski, P.E., PTOE— Public Works Director CONSENT
CONTACT/EXT: Jason Foose x 5859 RESOLUTION ❑
DATE: December 2, 2020 OTHER ❑
BOS MEETING DATE: December 21, 2020 INFORMATION ONLY❑
SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY/ATTACH BACKUP:
See attached Agenda Communication.
RECOMMENDED MOTION:
Authorize the Chair of the Board of Supervisors to sign a Real Estate Purchase Agreement and offer
Paul J. Govino, Jr. an amount of $1,201.00 for the purchase of approximately 0.64 acres of APN
306-67-018 being the south 42 feet of the west one-half of the southeast quarter of the southwest
quarter of section 36, township 21 north, range 19 west of the Gila and the Salt River Base Meridian,
Mohave County, Arizona. Except all minerals as reserved in Deed recorded in Book 54 of Deeds,
page 290, necessary to complete the Board approved Shinarump Road hard surfacing project.
Reviewed and Approved By: vp
County Attorney Human Resources Finance County Manager 413
Board Action Taken:
Approved as Requested No Action Taken Disapproved
Continued to Approved with the following changes:
Acknowledge receipt and referred to:
Filing Information and Retrieval
Filed Bid Filed Agreement
BOS Resolution Filed Yearly Correspondence
Filed Petition Filed Dedication Q f
Filed Land Sold Filed Land Acquired V q 7 i
Filed Franchise ID Resolution
Filed Improvement District Filed Other
Date Routed: iZ/L212 D I 1 W Ttboi6L pui\C1hLtLLL)
Additional Info ation:
XC: CliViVYU
Item
COO
MOHAVE COUNTY AGENDA COMMUNICATION
o
1 ly
TO: Board of Supervisors vis 01TAT Deus
FROM: Steven P. Latoski, P.E., PTOE — Public Works Direct r86$
THRU: Sam Elters, P.E. — County Manager/ County Engineer
MEETING DATE: December 21, 2020
AGENDA SUBJECT: Acquire Right-of-Way for Shinarump Road Hard Surfacing between
Laguna Road and Colorado Road
HISTORY:
At the November 16, 2020 meeting, the Board of Supervisors approved Public Works request for
$198,000 increase to acquire right-of-way for the hard surface of two miles of Shinarump Road from
Laguna Road to Colorado Road in the Golden Valley Area under $468,000 revised project budget.
$60,000 has been allocated for right-of-way acquisition.
FINANCIAL IMPACT:
Parcel cost at $1,201.00 derived from Assessor's full cash value plus standard closing costs as
needed, sourced from HURF Fund 205.
ATTACHMENTS:
• BOS Agenda Packet 11/16/2020 pertaining to Shinarump Drive
• Area Map
• Property Map
• Contract— Offer to purchase
RECOMMENDATION:
Authorize the Chair of the Board of Supervisors to sign a Real Estate Purchase Agreement and offer
Paul J. Govino, Jr. an amount of $1,201.00 for the purchase of approximately 0.64 acres of APN 306-
67-018 being the south 42 feet of the west one-half of the southeast quarter of the southwest quarter
of section 36, township 21 north, range 19 west of the Gila and the Salt River Base Meridian, Mohave
County, Arizona. Except all minerals as reserved in Deed recorded in Book 54 of Deeds, page 290,
necessary to complete the Board approved Shinarump Road hard surfacing project.
MOHAVE COUNTY REQUEST FOR BOARD ACTION FORS!
FORMAL ACTION
FROM: Steven P. Lato;k P.E., PTOE—Public Works Director CONSENT ❑
CONTACTIEXT:x5881 RESOLUTION
DATE: November 3,2020 OTHER ❑
BOS MEETING DATE: November 16, 2020 INFORMATION ONLY❑
SUMMARIZE THE ISSUE& DESIRED ACTION CLEARLY/ATTACH BACKUP:
See attachedagenda communication.
RECOMMENDED MOTION:
Approve and direct Public Works to hard surface 2 miles of Brooks Boulevard from Painted Rock
Drive to Jem ez Road in the Valle Vista area under$304,000 project budget;accept$60,000 donation
by Don and Jo Stetson on behalf of property owners benefitting from Brooks Boulevard hard
surfacing and allocate to Brooks Boulevard project funding; approve $198,000 increase to acquire
right-of-way and hard surface 2 miles of Shinarump Road from Colorado Road to Laguna Road in
the Golden Valley area under$468,000 revised project budged approve and direct Public Works to
perform gravel plating and hard surface low water crossings along 3 miles of Alamo Road from end-
of-pavement to Santa Fe Ranch Read in the Yucca area under$90,000 project budget;approve said
projects funded by reallocation of$400,000 from Cottonwood Road hard surfacing and $132,000
from Tapeats Drive, Bowie Road, and Aqua Fria Drive hard surfacing as programmed in the FY 21
adopted Highway Use Revenue Fund 205 budget.
Reviewed and Approved By: �
County Attorney Human Resources [-J Finance + County Manager 59
Board Action Taken:
Approved as Requested Na Action Taken ❑ Disapproved
Continued to [] Approved with the following changes:
Acknowledge receipt and referred to:
Filing Information and Retrieval
Filed Bid Filed Agreement
BOS Resolution Filed Yeady Correspondence U-Ubtj c,
Filed Petition Filed Dedication
17%14 Land Soli �,}� + � _ ,a ��.,,,, a-1
i
Filed Franchise ID Resolution
Filed Improvement District Filed Other
[pate Routed:
Additional al Information:
XC:
Item No.
.4 A: Cpl
MOHAVE COUNTY AGENDA COMMUNICATION '`
0 9
a
TO: Board of Supervi � °�
4� ' YOGA
FROM: Steven P. Latoski P.E., PTOE—Public Works Director
THRU: Sam Elters, P.E. —County Manager/County Engineer
MEETING DATE: November 16, 2020
AGENDA SU13JECT FY 21 Revised Capital Road Improvement Projects
HISTORY:
Problem Statement
a Brooks Boulevard in the Valley Vista area serves a growing winery industry. The neighborhood
property owners served by Brooks Boulevard have pledged $60,000 toward the stabilization and
hard surfacing of 2 miles of Brooks Boulevard from Painted Rock Drive to Jemez Road.
• Alamo Road, from end-of-pavement to Santa Fe Ranch Road—4.04 miles, is unsurfaced, subject
to frequent maintenance attributed to traffic flow and drainage, and provides a primary access to
the northern Santa Fe Ranches area.
4• The FY 21 adopted Highway User Revenue Fund (HURF) 205 budget includes stabilization and
hard surfacing of Shinarump Road, Colorado Road to Laguna Road — 2 miles. Right-of-way
acquisition is necessary from 9 separate property owners, and 3 property owners have rejected
Public Works offers of purchase. Looking forward, condemnation or related proceeding is
necessary to perfect Shinarump Road right-of-way for the budgeted road improvement project
•9 The Arizona Department of Transportation (ADOT) has not committed to availability or timetable
on providing asphalt millings necessary for stabilization and hard surfacing Bolsa Drive, Egar
Road,Tapeats Drive, Bowie Road, and Agua Fria: Drive in the Golden Valley area.
The FY 21 adopted HURF budget includes $132,000 funding for stabilization and hard
surfacing Tapeats Drive, Bowie Road, and Aqua Fria Drive in Golden Valley. These
local roads have been programmed for improvement for fewer years than Egar Road and
Bolsa Drive which are section line roads.
The County was unsuccessful in obtaining Arizona Federal Lands Access Program funds for
stabilization and hard surfacing Cottonwood Road. The FY 21 adopted HURF budget includes
$400,000 funding for stabilization and hard surfacing Cottonwood Road.
Supporting Actions
The Board of Supervisors established Brooks Boulevard, Painted Rock Drive to Jemez Road —2
miles, as a county highway on September 5, 2017 under Resolution No. 2007-109.
FINANCIAL IMPACT:
Project Estimate Activity
Shinarump Road $380,169 Construction ($13.501SY)
Soil Stabilization and $27,607 Base material (pit crushing)
Hard Surfacing $60,000 Riiaht-of-way acquisition
(Colorado to Laguna $467,767 Total
—2 miles) $270,000 FY 21 adopted Project budget
$198,000 , Reallocation of FY 21 Cottonwood Road funds
Alamo Road Gravel $38,250 Gravel surface material(pit crushing)
Surface Plating $51,750 Hard surface low water crossings
(EOP to Santa Fe $90,000 Total
Ranch Road—3 $90,000 Reallocation of FY 21 Cottonwood Road funds
miles
Brooks Boulevard $275,933 Construction ($9.751SY)
Soil Stabilization and $27,607 Base material (pit crushing)
Hard Surfacing $303,540 Total
(Painted Rock to $60,000 Private donation
Jemez—2 miles) $112,000 Reallocation of FY 21 Cottonwood Road funds
$132,000 Reallocation of FY 21 Tapeats,Bowie,and,Ague Fria funds
40- Net impact= $0 with reallocation of funding sourced to Cottonwood Road, Tapeats Drive, Bowie
Road, and Agua Fria Drive in the FY 21 adopted HURF budget.
ATTACHMENTS:
Location maps
0 Resolution No. 2017-109
RECOMMENDATION:
Approve and direct Public Works to hard surface 2 miles of Brooks Boulevard from Painted Rock
Drive to Jemez Road in the Valle Vista area under$304,000 project budget; accept$60,900 donation
by Don and Jo Stetson on behalf of property owners benefitting from Brooks Boulevard hard
surfacing and allocate to Brooks Boulevard project funding; approve $198,000 increase to acquire
right-of-way and hard surface 2 miles of Shinarump Road from Colorado Road to Laguna Road in the
Golden Valley area under $468,000 revised project budget; approve and direct Public Works to
perform gravel plating and hard surface low water crossings along 3 miles of Alamo Road from end-
of-pavement to Santa Fe Ranch Road in the Yucca area under$90,009 project budget; approve said
projects funded by reallocation of $400,000 from Cottonwood Road hard surfacing and $132,000
from Tapeats Drive, Bowie Road, and Aqua Fria Drive hard surfacing as programmed in the FY 21
adopted Highway Use Revenue Fund 205 budget.
gis.mohavecounty.us Mohave County Public Works
LY
Legend
COUNTY Mileposts
• stga Poet Emits
uI cakuww Measure
County Routes/Maintained Rd
AaqukeRAAr
Unswfacod
«.. surfaced
Local
)N Railroad
R/W Data
Drainage
Ity
Ptk
Not Pwfiw d
13 RS 2477
QFuMw Research Req
Nat PUAac
NO RNN
City Limits(<1:120K)
City Limits(>1:120K)
Tax Parcel(25,000-100,000)
C) Township/Range
Section
Federal Areas from JL(11114P
". Su,ow or Recbmebw
2ON At" 0 19W AN M bWy Reseev®aon
` tdaaars�Purest
73 NatlarW Monuipwd
Neticxw Park
Naaorat Ftarseason Area
NaknalNfik(ftReAw
•• Named Washes
Surface Management(4113/17
suraeu d Land Maaapmant
aurear�RaUaeeaeah
N
1:155,740 WOE
0 12,978.4 25,956.7 Feet Map Created:11!4/2020 Notes:
(sPaarkmso wwo) 0 2017 Mohave County Irhtomtation Tec hnotogy SHINARUMP ROAD
TNs map is a use generated static output from the Mohave Courcy IrAenwtive tap Vw~and is kir geruarat reference onty.Data tayent that
appew on Om map may or may not be accurate,amnt,or adwvAse,tillable.THIS MAP IS NOT TO BE USED FOR NAVIGATION,AS A
LEGAL DOCUMENT,FOR PROPERTY DESCRIPTIONS,OR DETERMINATION OF LEGAL TITLE,AND SHOULD NEVER BE
SUBSTITUTED FOR SURVEY OR DEED INFORMATION.The user agrees to coma*with the Limitatlon of Use,and Assumption at Risk as
stated iii the full diedeinher at htWJ49,mohmocoumy.us
gis.mohavecounty.us Mohave County Public Works La V"-
Legend
w
z'
.a
E
Wi
� cx
w`.
u�
N
1@11111111!1!1111111111MI"
lliiiigmlli�il -- £_, , :a_, YV -
�: . ,ate, 1:64,768 W4�����ii �i��l��i����i���u �� ���fil�➢� ` E
t
S
0 5,397.3 10,794.6 Feet This map is a user generated static output from the Mohave County Interactive Map Viewer and is for Notes:
general reference only.Data layers that appear on this map may or may not be accurate,current,or
otherwise reliable.THIS MAP IS NOT TO BE USED FOR NAVIGATION,AS A LEGAL DOCUMENT,
(approximate scale) Ma Created:12/4x1020 FOR PROPERTY DESCRIPTIONS,OR DETERMINATION OF LEGAL TITLE,AND SHOULD NEVER
Map BE SUBSTITUTED FOR SURVEY OR DEED INFORMATION.The user agrees to comply with the
0 2017 Mohave County Information Technology Limitation of Use,and Assumption of Risk as stated in the full disclaimer at http://gis.mohavecounty.us
gis.mohavecounty.us Mohave County Public Works
306 67 b027 306-67 022 306 T-029 906.
��r>K 7-00D
Legend
Tax Parcel
06.67 001 3t - 7.096 306 67.17 306 87 4
..� gid:,t 4 w� '�sy,�ii�i�i'�i��il�r II i "::���•:.
N
217.19 002 217.13 001 217 02=721 F17 02107
1:4,048 w 1 E
s
This map is a user generated static output from the Mohave County Interactive Map Viewer and is for Notes:
0 337.3 674.7 Feet general reference only.Data layers that appear on this map may or may not be accurate,current,or
otherwise reliable.THIS MAP IS NOT TO BE USED FOR NAVIGATION,AS A LEGAL DOCUMENT,
(approximate scale) Ma Cleated.'12/4/2020 FOR PROPERTY DESCRIPTIONS,OR DETERMINATION OF LEGAL TITLE,AND SHOULD NEVER
P BESUBSTITUTED FOR SURVEY OR DEED INFORMATION.The user agrees to comply with the
Q 2017 Mohave County Information Technology Limitation of Use,and Assumption of Risk as stated in the full disclaimer at http://gis.mohavecounty.us
REAL ESTATE PURCHASE CONTRACT and ESCROW INSTRUCTIONS
[Unimproved Land]
This Real Estate Purchase Contract shall also be the Escrow Instructions, and is entered into,to be effective
the day of , 2020, upon the placement of all signatures hereto, by and between,
Mohave County,a political subdivision of the State of Arizona,"BUYER"and Paul J. Govino,Jr.,"SELLER".
The Buyer and Seller are hereinafter sometimes collectively referred to as the"PARTIES". The Buyer and
Seller individually may be hereinafter referenced as a"PARTY".
RECITALS
WHEREAS:
A. The Seller is the fee title owner of real property, Assessor's Parcel Number: 306-67-018,
in Mohave County, State of Arizona, legally described as below in Exhibit"A", "the PROPERTY".
B. The Buyer agrees to purchase and the Seller agrees to sell all of the Seller's interest in the
Property, which shall include the full fee title to the Property without liens or encumbrances.
C. The sale and purchase of the Property shall be pursuant to and under the terms and
conditions hereinafter provided.
AGREEMENTS
WITNESSETH:
NOW THEREFORE, in consideration of the mutual promises and things to be performed by the
Parties, it is agreed by and between the Parties hereto as follows:
1. PURPOSE. The purpose of this Contract is to set forth the terms and conditions between the
Parties, which, when fulfilled, will transfer ownership and possession of the Property from the Seller to the
Buyer.
2. INCORPORATION. The above Recitals are hereby incorporated by reference and made a
part of this Contract.
3. OFFER&ACCEPTANCE. The Buyer has offered to purchase the property from the Seller
and the Seller has accepted the Buyer's offer to purchase the Property,and the Seller is agreeing to sell and
the Buyer is agreeing to buy the Property under the terms hereof.
4. PURCHASE PRICE. The Buyer agrees to purchase the Property and the Seller agrees to sell
the Property. The Purchase terms shall be the total consideration paid by the Buyer to the Seller. The
Purchase Price shall be paid as follows:
Page 1 of 13
4.1 Earnest Money Deposit. There shall be no earnest money deposit.
4.2 Balance of Purchase Price. The full Purchase Price for the Property shall be paid
into Escrow by the Buyer's check on or before the Close of Escrow in the sum of$1201.00
dollars (One Thousand Two Hundred One dollar).
4.3 Escrow Costs. Escrow costs shall be paid by Buyer.
5. CONDITION OF THE PROPERTY. The following provisions apply to the condition of
the property.
5.1 Nature of the Property. The Seller represents and warrants as follows:
5.1.1 The Property is zoned Vacant Undetermined Rural Non-Subdivided and
located in Mohave County, Arizona.
5.1.2 The Seller represents the Seller's warranties herein otherwise including
without limitation those of Subsection 5.3 set forth are true and correct,and so shall be at the
Close of Escrow.
5.2 Surrender of Property.
5.2.1 Seller warrants that the property is in good and habitable condition and has
not been used as a depository or site for storage of hazardous substances or materials
during Seller's ownership and occupancy of the Property.
5.2.2 After Close of Escrow, the Property shall be turned over by the Seller to the
Buyer in such condition as to fulfill all warranties herein.
5.3 Seller's Warranties. In addition to any other warranties set forth herein, the Seller
represents and warrants to the Buyer, effective both now and at the Close of Escrow, as
follows:
5.3.1 To the best of the Seller's actual knowledge, there are and will be no
recorded and unrecorded or undisclosed liens, options, signed purchase contracts, leases,
rental agreements, judgments, encumbrances, easements or claims of easements, or
prescriptive rights upon or concerning the Property. There shall be no undisclosed claims of
adverse possession against the Property or any part thereof. Disclosures must be in writing.
5.3.2 There is and will be no unpaid work, labor, materials supplied, which has
been performed or provided at or on the Property that will permit any liens or encumbrances
to attach to the Property.
5.3.3 To the best of the Seller's actual knowledge,there is no litigation,arbitration,
or administrative proceeding pending or threatened against the Property, or pending or
threatened against the Seller, which might have the effect of impairing the title ownership,
development, or use of the Property by the Buyer, including without limitation, claims for
Page 2 of 13
adverse possession, bankruptcy, or receivership.
5.3.4 The Seller is unaware of any ingress or egress problem(s) to or from the
Property;the Property has legal public access by roadways,dedicated to and accepted by the
State, City or County in which the Property is located and/or over which access is obtained;or
if any access is private, it is unrestricted and without additional charge.
5.3.5 There are no encroachments into or from the Property's boundaries, and
there are no violations of legal setback requirements.
5.3.6 The Property is located in the County of Mohave, State of Arizona, and is
zoned for Vacant Undetermined Rural Non-Subdivided. The zoning conditions or stipulations
applicable to the Property are standard provisions within the County.
5.3.7 The Seller is unaware of any building code or sanitary code violations.
5.3.8 The Seller knows of no provisions that would prevent the Buyer from having
quiet use and enjoyment of the Property.
5.3.9 The Property will, within seven (7) days after the Close of Escrow, be
unhooked from any utility services with Seller agreeing to execute any and all required
disconnect or unhooking documents required by the utility provider and Buyer, be responsible
for payment of any charges or fees associated with unhooking or disconnecting utility
services.
5.3.10 The Seller knows of no contaminants which will result from unhooking and
disconnecting from utility services.
5.3.11 The Seller knows of no unusual soil or Property conditions, including
contaminants within the soil.
5.3.12 Other than warranties set forth herein,the Seller makes no other warranty as
to the physical condition of any building on the property.
5.3.13 There are no leased equipment and/or equipment,fixtures or other systems
on the Property. At the Close of Escrow, all fixtures and appurtenances are owned as a part
of the Property, are warranted to be in the condition set forth herein, and both title and
possession will transfer to the Buyer,
5.3.14 The Seller has and,with the Close of Escrow,will provide merchantable and
marketable title to the Property without liens, delinquent taxes, delinquent assessments,
judgments,or other encumbrances,which title shall vest in the Buyer by Quit Claim Deed in a
form as set forth by Exhibit"A" attached hereto and incorporated herein by reference.
5.3.15 To the best of the Seller's actual knowledge, the Seller is unaware of and
has not received from any third party having information orjurisdiction over such matters, nor
has any written or oral notice given or sent to Buyer(i) alleging a problem, violation and/or
variance of any zoning ordinance or building code applicable to the Property; (ii)alleging any
violation of any law relating to the use, storage or disposal of solid wastes or hazardous
Page 3 of 13
wastes or hazardous substances on the Property; (iii) requiring work to be done on the
Property or threatening the use of the Property; or (iv) relating to any condemnation
proceeding affecting the Property.
5.3.16 For good and valuable considerations received under the terms of this
purchase, the Seller, on behalf of any occupants, renters, lessees, optionees or others
whatsoever, with full authority to do so, and as the Seller's knowing, voluntary and freewill
act, does expressly waive any additional monies or other consideration for relocation,
replacement housing or assurances of the availability of replacement housing, including any
and all benefits if any as applicable under Arizona Revised Statutes, Title 11, Chapter 7,
Article 4, Sections 11-961 et seq.
5.3.17 To the best knowledge of the Seller, the Property including its
appurtenances, air, soil, and water are free from all solid wastes [except for those in a
contained septic system], environmental hazards, and contaminants, including without
limitation,freedom from environmental hazards,wastes and contaminants including freedom
from asbestos, formaldehyde, unsafe levels of radon, lead based paints, underground fuel
storage tanks and leaks thereof, wastes, and/or unsafe electrical charges. The Seller
warrants the Property is not situated on a sanitary landfill or former sanitary landfill. The
Seller represents and warrants that the Seller has no information personally, nor has received
notice of any information which would indicate the Property to be part of an environmentally
damaged area, including without limitation a super fund or wet land area or WQARF or
CERCLE site. The Seller has no personal knowledge and is unaware of any notice being
received and/or sent with regard to proposed noise contaminants, such as airport,freeways,
or power lines which may contribute to noise pollution. The Seller is unaware of and has no
notice of any other neighborhood noises, nuisances and/or pollutants. The Seller warrants
that it has no knowledge or information that the Property contains environmental hazards or
other contaminating substances including those in contravention of the Environmental
Protection Acts, Federal, and State. Further, the Seller certifies and warrants that it shall do
nothing nor allow anything prior to the Close of Escrow to change these conditions.
5.3.18 The Seller has no knowledge or information that is adverse to the Buyer
and/or which would cause an ordinary buyer from purchasing the said Property.
5.3.19 These warranties shall survive the Close of Escrow.
5.4 Inspections. The Buyer or its agent(s)may enter and inspect the Property,including
without limitation, perform environmental tests and inspections, surveys, or other examinations to
confirm the boundaries, and for any other reasonable purpose associated with the Buyer,s purchase
of the Property.
5.5 Cooperation of the Seller. The Seller shall fully cooperate with the Buyer for
purposes of permitting access to the Property by the Buyer and its agent(s), to have inspections
performed and to confirm the condition of the Property. To assist the Buyer in his inspections, the
Seller shall have the electricity, water, and gas [if applicable] remain or turned on, or, if applicable,
have propane sufficient to permit inspections and testings.
5.6 Correction or Adjustment of Purchase Price. If any of the representations and
Page 4 of 13
warranties set forth in the Subsections above or herein otherwise become untrue or are not true as of
the Close of Escrow, the Seller shall immediately, upon knowledge of such, notify the Buyer. If such
representations and warranties become untrue for any reason including as a result of the Seller's
actions or inactions, the Seller shall use its or its agent'(s) best efforts to cause the removal or
correction of those matters which cause the warranties to be untrue, such actions of correction to be
completed before the date scheduled for the Close of Escrow. If any matter cannot be corrected
despite the Seller's best efforts at or before the Close of Escrow, then at the Buyer's option; (i)the
Buyer may require the Seller to fully correct such deficiency(ies), defect(s), encumbrance(s),
encroachment(s)or other matter(s),and therewith in the Buyer's discretion,may extend the Escrow to
provide the Seller additional time necessary for the Seller or its agent(s)to make full correction (ii)
the Buyer or through its agent(s) may attempt to correct the deficiency(ies), defect(s),
encumbrance(s), encroachment(s) or other matter(s), prior to Close of Escrow with the cost(s) of
such correction to be credited toward the Purchase Price,and the Buyer may delay the Closing while
attempting such cure, but not for a period of more than sixty(60)days unless mutually agreed to by
the Parties,or(iii)the Parties may agree to an adjustment downward in the Purchase Price to provide
funds for the Buyer or the Buyer's agent(s)to make such corrections, either prior to or subsequent to
the Close of Escrow, or(iv) the Purchase Price may, at the Buyer's option) be reduced by either or
both the verified cost of correction and/or the adjusted appraised value of the Property evidenced by a
certified or licensed appraiser's statement, as may be applicable, or(v)the Buyer may expressly, in
writing,waive its objections to the matter(s)causing the representations and warranties to be untrue,
and the transaction shall Close as scheduled.
The Buyer shall not be required to provide further demand, in writing or otherwise,to require
action of the Seller to be taken to correct those matters which make any warranty untrue. This
Section shall be construed consistent with the remainder of the Purchase Contract.
If there are any other conditions or matters reflected on any survey, inspection or report that is
unacceptable to the Buyer for reasons including, without limitation, defects or matters that effect or
affect the Property's marketability, merchantability, habitability, safety, or usability, the Buyer may
notice the Seller of such matter(s). The Buyer therewith, at its option, shall choose and indicate one
or a combination of(i)through (v) hereinabove.
The Seller shall, as soon as possible after receipt of a written notice of the Buyer's non-
acceptance of a condition of the Property, which condition is disclosed by the Seller, or otherwise
evidenced by a report or survey, with the Buyer's request for correction, act to correct, repair or
otherwise remove or eliminate the defect(s), encumbrance(s)or other matter(s),with all such matters
to be remedied within twenty (20) days, or such time thereafter as deemed reasonable in industry
standards, with due diligence, but in any event, five (5) or more calendar days prior to the Close of
Escrow, as set herein otherwise, or as extended in writing by the Buyer in its discretion, or by the
consent of the Parties.
If the Buyer is demanding correction of an environmental hazard, structural defect,
encroachment,or correction of a boundary error,the Seller may,within ten(10)days of receipt of the
Buyer's written notice demanding correction, reject the demand for correction by providing written
notice to the Buyer of such rejection. Therewith, the Buyer shall agree to an adjustment of the
Purchase Price commensurate to the economic impact of the uncorrected defects, which
determination shall be made by mutual agreement of the Parties. If mutual agreement cannot be
reached, a determination shall be made by a certified appraiser whose services are engaged by the
Buyer.
Page 5 of 13
Alternatively and particularly if unacceptable conditions or defects cannot be timely remedied
by the Seller or its agent(s), the Buyer may, either within twenty (20) days of receipt of such notice
from the Seller or following ten(10)days of the Seller's inaction, demand a reduction of the Purchase
Price commensurate with the property's reduced value based upon the opinion of a certified
appraiser.
5.7 Duty to Disclose. The Buyer,s inspection of the said Property shall not be a waiver
of the Seller,s responsibility to fully disclose to the Buyer any material matters, including any defects
and/or difficulties of which the Seller or its agent(s) are aware. The Seller shall immediately fully
disclose all material information, including defects or difficulties, to the Buyer regarding the Property
and matters affecting the Property and ownership thereof. The Buyer may, subsequent to the Close,
receive from the Seller full payment of any costs and damages of the undisclosed defects or
difficulties.
5.8 Costs of Inspections, Surveys, and Reports. Generally, except as stated
expressly to the contrary, the Buyer shall be responsible for all its costs of inspections, surveys, or
reports, except for those necessary for causing the Seller,s specific performance.
5.9 Condition and Maintenance and Occupation of Property Pending Close of
Escrow and After Close of Escrow. The Seller shall be responsible for maintaining the Property in
its seen or better condition from the Buyer's first reviewing of the Property or the first time the Property
is reviewed by the Buyer's appraiser,whichever is the sooner. Furthermore,from the time the Seller
signs this Purchase Contract to the Close of Escrow AND after Close of Escrow if occupied by Seller,
the Seller shall maintain insurances upon the Property to protect from loss, and shall assume all
risk(s)of loss(es). Risk of loss shall include any loss(es)or damage(s)to the Property for any reason
including, without limitation, by reason of fire, vandalism, flood, earth quake or other act of God, but
excluding loss(es) or damage(s) caused directly by an act or acts of the Buyer or its agent(s),
employee(s), or invitee(s).
In any event, the Seller shall do nothing to cause any lien or encumbrance to attach to the
Property or its title or any encroachment onto or from its boundaries. The Seller shall clear the title
and other conditions to the Property that title may transfer with Close of Escrow in a merchantable
and marketable condition including all taxes and assessments paid in full to the Close of Escrow,and
with the boundaries free of encroachments into or from the Property.
5.10 Value. The Seller is selling and the Buyer is buying the Property based upon an
agreed value. The parties expressly agree that these terms are to and do, fully and completely
compensate the seller for any and all claims for compensation for the Property,the Seller's relocation,
and replacement housing for any other matters or claims related directly or indirectly hereto.
6. ESCROW AND INSTRUCTIONS. This Contract shall also be used as Escrow Instructions in
lieu of separately executed Escrow Instructions. Insofar as further Instructions are required by the Escrow
Company,the Buyer and Seller shall cause such to be completed, executed, and placed into Escrow no later
than Twelve Noon (12:00 p.m.),Arizona time, ten(10)business days from the date of the full signing of dthis
Contract. Any further Instructions may incorporate all of the provisions hereof by reference. In the event there
are separate Instructions executed and there is a conflict between the provisions of this Contract and
Instructions and the separate Escrow Instructions executed, the provisions of this Contract and Instructions
Page 6 of 13
shall be controlling.
6.1 Escrow Agent. The Escrow Agent shall be Pioneer Title Agency, Inc.,2213 Stockton
Hill Rd., Kingman, Arizona 86401.
6.2 Conditions of Title Report. The Parties hereby direct the Escrow Agent to have
issued a Commitment for Title Insurance issued from Pioneer Title Agency, Inc., 2213 Stockton Hill
Rd., Kingman,Arizona 86401, as soon as possible with good, legible copies of all matters of record.
Each Party and the Mohave County Attorney shall be provided any exceptions or requirements to be
addressed.
6.3 Documents and Funds. All documents and funds necessary to Close the Escrow
shall be deposited into Escrow with the Escrow Agent. The documents for the transaction including
the Warranty Deed shall be in that form provided by the Buyer and approved by the Mohave County
Attorney's Office. The form of Warranty Deed shall be that set forth by Exhibit"A" hereto.
With the Close of Escrow, the Escrow Agent is authorized to pay and disburse and/or
otherwise satisfy from the purchase proceeds,any otherwise unpaid or unsatisfied lien,encumbrance,
or judgment which must be satisfied to provide the Buyer merchantable and marketable title at the
Close of Escrow.
6.4 Close of Escrow. The Parties desire the Escrow to Close as soon as possible, upon
the terms and conditions hereof being met,and in any event,within thirty(30)days from the effective
date of this Contract. The Close of Escrow shall extend only upon the mutual written consent of the
Parties or upon the discretion and direction of the Buyer, as is herein otherwise provided.
6.5 Prorations of Taxes and Assessments. The taxes for the current tax year based
upon the latest available Mohave County Treasurer,s figures shall be prorated to the Close of Escrow
with any amounts that will be due and owing credited to the Buyer. Tax interest and penalties, if any,
shall be fully paid by the Seller. Association fees(if any), assessments(if any), and any other liens or
encumbrances shall be fully paid by the Seller prior to or with the Close of Escrow.
6.6 Insurance. The Buyer shall not be required to provide any insurance on the Property
or proof of insurance to the Escrow Agent or otherwise, for the Close to occur. In its discretion, the
Buyer may have in place, but need not, provide evidence of such insurance, to the Seller or the
Escrow Agent for the Close of Escrow to occur.
6.7 Possession. Possession of the Property will be transferred from the Seller to the
Buyer upon the Close of Escrow, with all keys, combinations, and security codes being provided by
the Seller directly to the Buyer or Escrow Agent.
6.8 Costs and Recording Fees. The Escrow fees and other Closing costs shall be paid
by the Buyer. The cost of the Standard Owner,s Title Policy shall be that of the Buyer. Insofar as the
Buyer desires an ALTA Extended Owner,s Policy, which shall be applicable only if expressed in
writing by the Buyer to the Escrow Agent, such additional costs incurred will be that of the Buyer.
The recording of documents shall be done on behalf of the Buyer,with such documents being
presented for recording to the Mohave County Recorder by the Escrow Agent, separate from the
Page 7 of 13
other documents presented for recording, and so that the recording fees of the Mohave County
Recorder,s Office will be waived.
6.9 Escrow Cancellation Charges. If the Escrow fails to Close because of the Buyer,s
default, the Buyer shall be liable for all customary Escrow cancellation charges, if any. If the Escrow
fails to Close for any other reason,the Seller shall be liable for all customary cancellation charges, if
any.
7. TITLE. Title to the Property shall be conveyed by Warranty Deed in a form provided by the
Buyer to the Seller(Exhibit"A"hereto.) The Title Warranty Deed shall record upon Pioneer Title,being able
to issue a Standard Owner,s Policy insuring the Buyer,s first position,merchantable,and marketable title free
and clear of liens and encumbrances, subject only to usual exceptions to which the Buyer will agree. Insofar
as the Buyer selects an ALTA Extended Owner,s Policy,the recording shall occur only when Pioneer Title can
insure also the boundaries to be free and clear of any encroachments or defects and make all other
assurances customary with such Extended Policy.
8. PARTIES' RESPONSIBILITIES. The Parties shall each timely act to comply with and fulfill
any requirement(s)set forth by this Contract and those reasonably required by the Escrow Agent,which are
not inconsistent with this Contract.
9. COMMISSION. Each of the Parties represents and warrants to the other that there is no
broker or finder's fee commission to be paid for this sale
10. DEFAULT, REMEDIES, AND CANCELLATION. Should the Seller default in any respect
under this Contract, the Buyer shall have the right to terminate this transaction due to the Seller's
nonperformance or the Buyer may demand specific performance and act for enforcement thereof.
If funds are not available to the Buyer for the Buyer to Close Escrow, the Buyer may, in its discretion
and with written notice to the Escrow Agent and Seller, delay or cancel Close and this transaction.
If the Buyer fails or refuses to Close Escrow for any reason other than its rejection of a condition of
title boundary, condition of the Property, nonperformance default of the Seller, or for statutorily permitted
reasons, the Buyer shall pay as liquidated damages an amount of one percent(1%) of the Purchase Price
within thirty(30) days of the termination.
In any event, this Agreement is subject to cancellation under the provisions of A.R.S. 38-511.
11. GRACE PERIOD. Notwithstanding anything contained in this Contract to the contrary, neither
Party shall exercise any of its remedies hereunder in the event of a default until the non-defaulting Party
provides written notice to the defaulting Party stating the nature of the default. The defaulting Party shall have
ten(10)days from receipt of such notice, such receipt defined in Section 12 hereinafter,to cure the default. If
the defaulting Party fails to cure said default within the ten (10) day period, the non-defaulting Party may
pursue all its rights and remedies under this Contract.
12. NOTICE. Notices shall be in writing and shall be given by personal delivery, by deposit with
an overnight express delivery service such as Federal Express, or by deposit in the United States Mail,
certified mail, return receipt requested, postage prepaid, addressed to the Seller and the Buyer at the
addresses set forth below, or such other address as a Party may designate by prior notice, in writing. The
date notice is given shall be the date on which the notice is delivered, if notice is given by personal delivery or
Page 8 of 13
overnight express delivery service or three (3) days from the date of deposit in the mail, if the notice is sent
through the United States Mail. A copy of any notice shall be mailed or delivered to the Escrow Agent.
SELLER:
Mail or Deliver To:
Paul Govino, Jr.
6929 N Hayden Rd. #C-4
Scottsdale, AZ 85250
BUYER:
Mail or Deliver To:
Steven P. Latoski, Director(or Current)
Mohave County Public Works
Post Office Box 7000
Kingman, Arizona 86402-7000
Telephone: (928) 757-0910 Telefax: (928) 757-0921
13. INTERPRETATION. This Contract sets forth all of the representations and understandings of
the Parties. It contains the entire Contract between the Parties hereto and may not be modified in any manner
except by instrument in writing executed by the Parties hereto or by their respective successors in interest.
13.1 Construction. This Contract shall not be construed for any party against the other
Party or Parties.
13.2 Law and Venue. This Contract shall be construed in accordance with Arizona law.
The venue of any legal action hereunder shall be Mohave County, Arizona.
13.3 Tense and Gender. The use of the masculine,feminine or neuter pronoun,singular
or plural, in reference to any Party or Parties, two (2) or more, shall nevertheless be deemed the
appropriate reference if the Party or Parties is/are individual(s), corporation(s), trust(s), venture(s),
partnership(s) or group(s) or two (2) or more individuals or entities.
13.4 Time is of the Essence. Time is of the essence for this Contract.
14. VOLUNTARY EXECUTION. The Contract is being entered into by the Parties,voluntarily and
without duress or undue influence. The Seller expressly acknowledges that the Seller voluntarily desires to
make this sale, and is not doing so under the threat or fear of condemnation by the buyer or by other entity or
for any other reason. The Seller is represented by and received advice from its own legal counsel or has
waived such. The Buyer could seek independent legal counsel and independent tax counsel,and either has
done so or has waived same.
15. TAX FORMS. The Seller shall provide to the Escrow Agent any requested tax forms.
16. COUNTERPARTS. This Contract may be signed in counterparts, with the signed
counterparts of all the Parties, together making a fully signed Contract.
17. SEVERABILITY: The terms of this Agreement are severable. Any waiver by the Parties of
any provision herein shall not impair the right of any Party to enforce any other provision of the Agreement.
Such provision of this Agreement shall be interpreted in a manner as to be effective and valid under applicable
Page 9 of 13
law. Such provision shall be ineffective solely to the extent of such prohibition of invalidity. Such prohibition or
invalidity shall not invalidate the remainder of the provision or any other provision.
18. ASSIGNMENT. The Buyer may assign its rights in this Contract without the prior written
consent of the Seller. The Seller may not assign or transfer its rights in or to the Property or this Contract
without the express written consent of the Buyer, which consent may be withheld. Should the Seller pass
away, the Contract shall yet be binding upon the Seller's estate.
19. TIME. Except as expressly provided herein, the time for performance of any obligation or
taking any action under this Contract shall be deemed to expire at 4:00 p.m.Arizona time on the last day of the
applicable time period provided herein. If the time for the performance of any obligation or taking any action
under this Contract expires on a Saturday, Sunday or legal holiday, the time for performance or taking such
action shall be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday.
20. BINDING EFFECT. This Contract shall be effective upon signing by all Parties, including its
approval by a duly passed Resolution of the Mohave County BOS. The date of such BOS Resolution of
approval shall be the effective date set forth hereinabove.
IN WITNESS WHEREOF,the Parties set their signatures, the date indicated:
BUYER: Mohave County,a political subdivision of the State of
Arizona
1 /IOW iL--- _ eh ......
Ddte Signed can B hop Chairman o e • 4 Supervisors
ATTEST: Clerk of the Board of Supervisors
)2070
l'c.,..t.i_. AS .i //..40V1A-1
Date Seal Affixed '47" Anderson, -rk of the Board
© G
CC im
.� a o* OITAT DELIS
APPROVED AS TO FORM: ARIZO *
I Z 2L ?02J
Date/ De my Attorney
Page 10 of 13
SELLER:
Print Name
Date Signed (Signature)
STATE OF ARIZONA I
I ss.
Mohave County I
The foregoing instrument was acknowledged before me this day of , 2020,
by , SELLER
IN WITNESS WHEREOF, I set my hand and official seal.
My Commission Expires: Notary Public
Page 11 of 13
SELLER:
Print Name
Date Signed (Signature)
STATE OF ARIZONA
Iss.
Mohave County I
The foregoing instrument was acknowledged before me this day of , 2020,
by ,SELLER
IN WITNESS WHEREOF, I set my hand and official seal.
My Commission Expires: Notary Public
Page 12 of 13
EXHIBIT A - PROPERTY DESCRIPTION
The South 42ft of The West one-half of the Southeast quarter of the
Southwest quarter of Section 36, Township 21 North, Range 19 West of the
Gila and the Salt River Base Meridian, Mohave County, Arizona.
Except all minerals as reserved in Deed recorded in Book 54 of Deeds, page
290.
Page 13 of 13