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HomeMy WebLinkAbout2025 06.03 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers -01 at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,June 3,2025 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1 25-250 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 25-264 Consideration of approval of minutes of the special meeting of May 19, 2025. Sponsors: Evie McKinney Attachments: SP CCMIN 2025 05 19 MINUTES DRAFT 3. 25-265 Consideration of approval of minutes of the regular meeting of May 20, 2025. Sponsors: Evie McKinney Attachments: CCMIN 2025 05 20 MINUTES DRAFT City of Apache Junction,Arizona Page I Printed on 512812025 City Council Meeting Agenda June 3,2025 4. 25-192 Consideration of approval, effective July 1, 2025, of Fiscal Year 2025-2026 Health and Human Services funding contracts between the City of Apache Junction and the Apache Junction Community Development Corporation in the amount of$7,000.00, Begin Again Homes in the amount$2,000.00, the Boys and Girls Club in the amount of$9,000.00, Over-Flo Missions in the amount of$2,000.00, Superstition Community Food Bank in the amount of$70,000.00. This item was presented for discussion at the City Council Work Session held April 14, 2025. Sponsors: Evie McKinney Attachments: AJ CDC Agreement Draft Begin Again Homes Agreement Draft Boys and Girls Club Agreement Draft Over-Flo Missions Agreement Draft Superstition Food Bank Agreement Draft 5. 25-244 Consideration of approval of Resolution No. 25-16, Mesa Gateway Airport JPAA/IGA/Bylaws Update. This item was presented for discussion at the City Council Work Session held May 19, 2025. Sponsors: Rob Wisler Attachments: Staff Memo Resolution No.25-16 Resolution No.25-16 MGAA Resolution Presentation Resolution No. 25-16 Redline- MGAA-Second Amended and Restated IGA(2025) Redline- MGAA-Second Amended and Restated JPAA Agree Redline- MGAA-Bylaws(2025) 6. 25-258 Consideration of approval of the Final Plat for Blossom Rock- Phase 3A in order to facilitate a 232-lot residential subdivision consisting of approximately 56-acres zoned Master Planned Community (MPC). Sponsors. Kelsey Schattnik Attachments: BR Phase 3A Final Plat(SV-23-50)-Staff Report.lpdf BR Phase 3A Final Plat(SV-23-50)jpdf 7. 25-259 Consideration of approval of the Final Plat for Blossom Rock- Phase 3B in order to facilitate a 288-lot residential subdivision consisting of approximately 63-acres zoned Master Planned Community (MPC). Sponsors. Kelsey Schattnik Attachments: BR Phase 313 Final Plat(SV-23-52)-Staff Report.lpdf BR Phase 313 Final Plat(SV-23-52).Pdf City of Apache Junction,Arizona Page 2 Printed on 512812025 City Council Meeting Agenda June 3,2025 8. 25-262 Consideration of approval of a Replat of the Final Plat for Blossom Rock- Phase 3 Commercial in order to remove the previously existing floodplain, and accommodate the future well site and Ironwood Linear Park. Sponsors: Kelsey Schattnik Attachments: BR Phase 3 Commercial Replat(SV-24-1 0)-Staff Report.pdf BR Phase 3 Commercial Final Plat(SV-24-10).Pdf 9. 25-263 Consideration of approval of extending development agreement through 1 st amendment for 160-acre property located at the S/E corner of Meridian Drive and Southern Avenue (Fortune Travel, Inc. represented by Sean Lake of Pew & Lake, PLC). Sponsors. Bryant Powell and Joel Stern Attachments: Staff Memo First Amendment 06.02.2025WS Signed First Amendment Fortune Travel Development Agmt Preannexation Dev Agmt Fortune 2009 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 10. 25-178 Presentation of 45-Year Service Award to Keith Bedwell. Sponsors: Ted Wolff 11. 25-196 Presentation of certificates to the graduates of the 2025 Citizen Leadership Institute class. Sponsors: Gina Scorza F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 12. 25-266 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 13. 25-267 City Manager's Report Sponsors. Bryant Powell City of Apache Junction,Arizona Page 3 Printed on 512812025 City Council Meeting Agenda June 3,2025 14. 25-268 Announcement of Current Events Sponsors: Eli Richardson H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 15. 25-231 Consideration of application for a new Series 9 Liquor Store liquor license for Lucky Bob's Liquor located at 431 W. Apache Trail, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Sponsors: Evie McKinney Attachments: Memo To Council 06.03.2025 Redacted Application Building Safety Inspection Approval Planning Inspection Approval Public Safety Inspection Approval SFMD Inspection Approval 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction,Arizona Page 4 Printed on 512812025 City Council Meeting Agenda June 3,2025 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City ofApache Junction,Arizona Page 5 Printed on 512812025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. 'Piz File ID: 25-250 Sponsor: Evie McKinney Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 512812025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. 'Piz File ID: 25-264 Sponsor: Evie McKinney Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of approval of minutes of the special meeting of May 19, 2025. City of Apache Junction,Arizona Page 1 Printed on 512812025 �11 City of Apache Junction, Arizona Meeting location: 10 City Council Chambers 7. at City Hall - Special Meeting Minutes 300 E Superstition Blvd 'PIZO Special Meeting of the Apache Apache Junction,AZ 85119 Junction City Council apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Monday, May 19,2025 7:00 PM City Council Chambers CALL TO ORDER Mayor Wilson called the meeting to order at 7:01 p.m. ROLL CALL Present 6- Mayor Wilson Vice Mayor Schroeder Councilmember Cross Councilmember Johnson Councilmember Nesser Councilmember Soller Excused 1 - Councilmember Heck Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Ryan Kaup, Economic Development Director Amy Greening, Deputy City Clerk Rob Wisler, Management Analyst Eli Richardson, Management Analyst Johnny John, Assistant Police Chief Rudy Esquivias, Development Services Director Ted Wolff, Public Works Director Liz Langenbach, Parks & Recreation Director Pam Harrison, Library Director Angelie Hawley, Finance Director Anna McCray, Human Resources Director Sidney Urias, Planning Manager Erika Hernandez, Associate Planner City of Apache Junction,Arizona Pagel Special Meeting of the Apache Special Meeting Minutes May 19,2025 Junction City Council AGENDA ITEMS 1. 25-228 Presentation, discussion, public hearing, and consideration of approval of Resolution No. 25-12, adoption of tentative budget for Fiscal Year 2025-2026. This resolution adopts the tentative budget for Fiscal Year 2025-2026 and sets the date, time and location for a public hearing on final budget adoption and declares an emergency. Councilmember Cross moved,seconded by Councilmember Nesser that Resolution No.25-12,a resolution of the mayor and city council of the City of Apache Junction,AZ,for the adoption of the tentative budget for the City of Apache Junction,AZ for fiscal year 2025-2026, herewith setting forth the tentative estimates for the monies necessary for the public expenses and giving notice of the date,time and location for hearing taxpayers for the adoption of the final budget,and declaring an emergency, be approved. Yes 6- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember Johnson,Councilmember Nesser and Councilmember Soller No 0 Excused 1 - Councilmember Heck Mayor Wilson stated Items No. 1 and No. 2 will be combined for the Public Hearing but each will have their own motion. Assistant City Manager Matt Busby explained that Resolution No. 25-12 is for adoption of the draft tentative budget and if approved by Council, it will be published for 2 weeks before the final budget consideration. Resolution No. 25-17 is for the adoption of the Classification and Compensation Plan and the Recruit and Sworn Compensation Plan for Fiscal Year 2025-2026. Councilmembers had no concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the public hearing and asked for a motion. 2. 25-229 Presentation, discussion, public hearing, and consideration of approval of Resolution No. 25-17, declaring as a public record and adopting certain documents filed with the city clerk entitled "Fiscal Year 2025-2026 City of Apache Junction Classification and Compensation Plan" and "Fiscal Year 2025-2026 City of Apache Junction Recruit and Sworn Compensation Plan"; and declaring an emergency. Councilmember Johnson moved,seconded by Councilmember Soller that Resolution No.25-17,a resolution of the mayor and city council of the City of Apache Junction,AZ,declaring as a public record and adopting certain documents filed with the city clerk entitled: Fiscal Year 2025-2026 City of Apache Junction Classification and Compensation Plan, Fiscal Year 2025-2026 City of Apache Junction Recruit and Sworn Compensation Plan and declaring an emergency be approved. Yes 6- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember Johnson,Councilmember Nesser and Councilmember Soller No 0 Excused 1 - Councilmember Heck City of Apache Junction,Arizona Page 2 Special Meeting of the Apache Special Meeting Minutes May 19,2025 Junction City Council 3. 25-227 Presentation, discussion, and consideration of approval of the City of Apache Junction's Public Safety Personnel Retirement System (PSPRS) Pension Funding Policy. Councilmember Soller moved,seconded by Councilmember Nesser that the City of Apache Junction's Public Safety Personnel Retirement System Pension Funding Policy be approved. Yes 6- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember Johnson,Councilmember Nesser and Councilmember Soller No 0 Excused 1 - Councilmember Heck Assistant City Manager Matt Busby explained the Public Safety Personnel Retirement System Pension Funding Policy is required by state law to be adopted each year. The only change in this year's policy from previous years is the additional footnote regarding the 0.2% sales tax that was extended on January 21, 2025. Councilmembers had no concerns. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:06 p.m. ACCEPTED THIS DAY OF 12025, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12025. WALTER"CHIP"WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk City of Apache Junction,Arizona Page 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'Piz File ID: 25-265 Sponsor: Evie McKinney Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of May 20, 2025. City of Apache Junction,Arizona Page 1 Printed on 512812025 City of Apache Junction, Arizona Meeting location: City Council Chambers 101 at City Hall Meeting Minutes 300 E.Superstition Blvd Apache Junction,AZ 12 City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday, May 20,2025 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:01 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Cross gave the invocation and Vice Mayor Schroeder led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Evie McKinney, City Clerk Joel Stern, City Attorney Kayla Fulmer, Director of Marketing and Communications Rob Wisler, Management Analyst Michael Pooley, Police Chief Johnny John, Assistant Police Chief Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager Liz Langenbach, Parks & Recreation Director Nicholas Leftwich, Planner JC Kliner, GIS Coordinator Jamie Sullivan, Recreation Superintendent Riley King, Management Analyst D. CONSENT AGENDA Councilmember Johnson moved,seconded by Councilmember Soller to approve the Consent Agenda and Authorize City Manager Bryant Powell to execute the Intergovernmental Agreement with the Arizona Department of Water Resources,as listed under Item#4. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes May 20,2025 Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmernber Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 1 25-165 Consideration of acceptance of agenda. 2. 25-230 Consideration of approval of minutes of the special meeting of May 5, 2025. 3. 25-166 Consideration of approval of minutes of the regular meeting of May 6, 2025. 4. 25-189 Consideration of approval of Resolution No. 25-08, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Arizona Department of Water Resources to contribute to the maintenance of the Arizona Continuously Operating Reference Station (AZCORS) program, and authorizing the City Manager to fulfill all the duties required under the agreement. This item was presented for discussion at the City Council Work Session held May 5, 2025. 5. 25-195 Consideration of approval of the proposed professional services agreement with TischlerBise, for the preparation of the five (5)year update of the Development Fee Study: Land Use Assumptions, Infrastructure Improvements Plan, and Development Fees as well as an update to Volume 11, Chapter 7 Development Fee Ordinance in an amount not to exceed $67,440.00. This item was presented at the City Council Work Session held May 5, 2025. 6. 25-233 Consideration of approval of selected artwork, case P-25-29-ART, a high school students design competition, themed "AJHS Pride,"for artwork to go on the traffic signal cabinet at the northeast corner of W. Southern Avenue and S. Ironwood Drive. This item was presented for discussion at the City Council Work Session held May 19, 2025. 7. 25-239 Consideration of approval of Resolution No. 25-15, approving the designation of applicant's authorized representative and alternate authorized representative forms submission to the Arizona Department of Emergency and Military affairs, which designates the City's representatives for applying for certain public assistance; and authorizing the applicant's authorized representatives to execute and deliver said application on behalf of City of Apache Junction. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 8. 25-167 Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes May 20,2025 Councilmember Cross attended the 43rd annual East Valley business meeting and the main topic was Al. He shared the struggles that schools are experiencing with students using Al and stated the importance of businesses using it. Councilmember Soller visited Washington DC for the National Law Enforcement Officers Memorial. He was able to locate Apache Junction Police Officer Russell Duncan's name on the memorial. He encouraged the community to remember the sacrifice Officer Duncan made for the City and the department. Mr. Soller also attended the retirement party for Mesa City Manager, Chris Brady. Mayor Wilson toured Able Aerospace in Mesa and shared the struggles they are facing due to overseas tariff costs. Mayor Wilson attended the Apache Junction Police Department Memorial Service where they honored Officer Russell Duncan. He lost his life during a training exercise on November 9, 1983. His daughter is a police officer as well and spoke at the service. Councilmember Johnson also attended the Apache Junction Police Department Memorial Service and spoke about how moving it was. She suggested changing the time of the day it is held so more of the community can attend. G. CITY MANAGER'S REPORT 9. 25-168 City Manager's Report City Manager Bryant Powell shared that it is Public Work Week. He shared a photo of the team and spoke about how they sometimes work in dangerous or hazardous conditions. He stated how much they are appreciated and recognized their hard work. 10. 25-114 Introduction of Pinal Partnership's new President and CEO, Craig McFarland, and his report on the organization's Renewable Energy Committee. Pinal Partnership's new President and CEO, Craig McFarland presented a report on the topics they are currently working on. He also shared the events they participate in and various committees that support the region. Councilmembers complimented Mr. McFarland on the informative monthly breakfasts, the relationships he has formed and for his support of the City. 11. 25-169 Announcement of Current Events Director of Marketing and Communications Kayla Fulmer shared upcoming events: - Color Your Summer Party on Thursday, May 29, 2025, 12:00 p.m. -2:00 p.m. at the Apache Junction Library, 1177 N Idaho Rd, Apache Junction. This will be the kick off party for the summer reading program. - Celebrate Flag Day with Us on June 14, 2025, 9:00 a.m. - 1:00 p.m. at Veterans Memorial Park Gazebo, 1001 N Idaho Rd, Apache Junction. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes May 20,2025 Mayor Wilson encouraged the community to attend the Memorial Day ceremony at Mountain View Cemetery, 7900 E. Main Street, Mesa, on Monday, May 26, 2025 at 9:00 a.m. H. PUBLIC HEARINGS 12. 25-240 Presentation, discussion, public hearing and consideration of Ordinance No. 1564, a proposed text amendment of the Apache Junction City Code, Vol. 1, Chapter 8: Business regulations concerning fortune telling businesses and the permit fees prescribed for them. Councilmember Nesser moved,seconded by Vice Mayor Schroeder that Ordinance No. 1564 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. City Clerk Evie McKinney read Ordinance No. 1564 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Johnson moved,seconded by Councilmember Nesser that Ordinance No. 1564, as read by the city clerk be approved and adopted as written for option 1. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planner Nick Leftwich presented that following the April 24th City Council discussion regarding fortune telling businesses and the permit fees prescribed to them in the Apache Junction City Code, Volume 1, Chapter 8: Business, Planning Staff coordinated with the Police Department and confirmed city policies and procedures for the business license staff reviews of fortune telling businesses. There was a question raised regarding whether the $1,200.00 permit fee is necessary and if it is to be used for background checks, but staff found that no background checks are performed for these businesses. The Police Department noted they would need explicit authority from the City Code to conduct background checks, such as is required by the code for specific other business types, such as sexually oriented businesses or liquor licenses. In the absence of such a requirement and practice we found no need for the city to continue charging an annual $1200.00 fee in addition to standard business licensing costs. On May 6, 2025, the City Council gave Direction to Staff to review and consider updates to the Apache Junction City Code, Volume 1, Chapter 8: Business regulations concerning fortune telling businesses and the permit fees prescribed for them. Pursuant to this direction, Ordinance No. 1564 was drafted. Councilmember concerns included the dollar amount for the fee in option 2 and if this was in addition to the business licensing fee. Mr. Leftwich responded to all concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes May 20,2025 the public hearing and asked for a motion. I OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 13. 25-241 Council direction to staff on updates to the city code related to special event permitting and related regulations. Councilmember Soller moved,seconded by Councilmember Nesser that direction to staff be given to review and consider updates to the Apache Junction City Code, relating to special event processes. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmernber Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Parks and Recreation Management Analyst Riley King presented that the Parks and Recreation Department has taken the lead in working with multiple departments and entities to improve special event processes city-wide. Over the past two years, the following efforts have been made to improve the safety and consistency in events throughout the city: 1. Inter-departmental Special Event Task Force created to review and support public and private city-wide special events 2. Special Event applications and processes have been updated 3. A Special Event Handbook has been created to streamline the process for event-planners 4. The city-wide Special Event Liaison role has been added to Parks and Recreation Management Analyst, Riley King's, position so that event-planners have one point of contact for assistance The Special Event Task force has identified items within current special event ordinances to be updated and re-considered, as well as items needing to be included. Staff will share market research on neighboring cities' special event policies and share sections of the city code that have been identified for updates/additions. Councilmember concerns included clarity on what is considered a special event, which businesses would need to have a permit for a special event and will all aspects of this process go through Parks and Recreation. Ms. King responded to all concerns. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes May 20,2025 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Donna Carr, 2178 W. Virginia Street, Apache Junction, shared frustrations with the new pavement on her street. She also announced that Pinal County denied the solar energy farm that she spoke out against at the May 6, 2025 meeting. Tera Leigh, 852 E. Osage Ave, Apache Junction, is the site manager for the Apache Junction Head Start Program. She explained the benefits of this program and asked the Mayor and Council for their support to help save it. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:52 p.m. ACCEPTED THIS DAY OF 2025, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12025. WALTER "CHIP"WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. 'Piz File ID: 25-192 Sponsor: Evie McKinney Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of approval, effective July 1, 2025, of Fiscal Year 2025-2026 Health and Human Services funding contracts between the City of Apache Junction and the Apache Junction Community Development Corporation in the amount of$7,000.00, Begin Again Homes in the amount$2,000.00, the Boys and Girls Club in the amount of$9,000.00, Over-Flo Missions in the amount of$2,000.00, Superstition Community Food Bank in the amount of$70,000.00. This item was presented for discussion at the City Council Work Session held April 14, 2025. City of Apache Junction,Arizona Page 1 Printed on 512812025 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORTATION FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2025-2026 THIS AGREEMENT is made and entered into this-day of 9 2025 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORTATION, a 501 (c) 3 non-profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2025-2026. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2025, the city council will likely pass and adopt the 2025-2026 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Re uests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with various community revitalization projects for the following programs: 1. Project expenses including equipment 2. "Make a Difference Day"-This is an annual event with multiple projects and locations throughout the city 3. Operating expenses B. Provide such programs and activities to only residents of the City and on I y as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2026 - 2027 to City on or before January 31, 2026. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, andlegalholidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https://qis.apacheiunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. 1. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services 3 funding for fiscal year 2025 - 2026. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth is Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$7,000.00 for fiscal year 2025- 2026 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,750.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2025-2026 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth is Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider 4 representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2025 through June 30, 2026. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Dave Waldron, Chairman Apache Junction Community Development Corporation 300 E. Superstition Boulevard Apache Junction, AZ 85119 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 5 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competentjurisdiction in Pinal County, State of Arizona. The 6 Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: -All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise 7 remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services 8 Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) calendar 9 days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: APACHE JUNCTION COMMUNITY DEVELOPMENT CORP., a 501(c)3 non- profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ss. COUNTY OF The foregoing was subscribed and sworn to before me this day of 20_, by Dave Waldron as Chairman of Apache Junction Community Development Corporation, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions. 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies. 9. Names and addresses of all current board members of agency governing board. (13) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter. 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds. 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1 All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) EXHIBIT B Quarter Agency Apache Junction Community Development Corporation Contract No. HHSC FY 25/26 Contract Period July 1, 2025—June 30, 2026 Recipient Address 300 E. Superstition Blvd, Apache Junction, AZ 85119 Contact Person Dave Waldron Contact Phone/Email 480.474.5086—dave—waldron@live.com City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in Vour application: Provide quarterly totals underneath each item and a brief explanation: • Project expenses (clumpsters, dump fees,trailers, maintenance costs for equipment—include any services/supplies that were donated) • "Make a Difference Day" (annual event) • Code Compliances Cases assisted (Pounds of waste to the dump, pounds of metal, duration of project, number of volunteers per project) • Administrative expenses (insurance, donation web page, cell phones) Reminders: Due by the 15 1h of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND BEGIN AGAIN HOMES FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2025-2026 THIS AGREEMENT is made and entered into this-day of 2025 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BEGIN AGAIN HOMES, a 501 (c) 3 non-profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2025-2026. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2025, the city council will likely pass and adopt the 2025-2026 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, "e uests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Re uests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide the following services to city residents: 1. Temporary emergency housing B. Provide such programs and activities only to residents of the City and on I y as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2026 - 2027 to City on or before January 31, 2026. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, andlegalholidays. Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 2 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https://qis.apacheiunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. 1. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2025 - 2026. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. 3 K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$2,000.00 for fiscal year 2025- 2026 for SOW performance. B. Compensation shall be in equal quarterly payments of$500.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2025-2026 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A,_or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2025 through June 30, 2026. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 4 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Maggie Berizzi, President Begin Again Homes P.O. Box 23 Apache Junction, AZ 85117 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 5 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competentjurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: -All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 6 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 7 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is 8 24. amended, the Parties may modify this paragraph consistent with state law. 25. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 26. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 27. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 28. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: BEGIN AGAIN HOMES, a 501(c)3 non- profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ss. COUNTY OF The foregoing was subscribed and sworn to before me this day of 20-, by Maggie Berizzi, as President of Begin Again Homes, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions. 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies. 9. Names and addresses of all current board members of agency governing board. (13) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter. 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds. 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding, All requests for financial assistance shall comply with the following stipulations and conditions: 1 All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) -Ac�� rj 11 1 EXHIBIT B Quarter Agency Begin Again Homes Contract No. HHSC FY 25/26 Contract Period July 1, 2025—June 30, 2026 Recipient Address P.O. Box 23,Apache Junction, AZ 85117 Contact Person Maggie Berizzi Contact Phone/Email 623.385.6758—maggieberizzi@gmail.com City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • Emergency housing for the below groups who are approved for a housing voucher • Indicate if any of the categories below received this service more than once this quarter o Families (Number of members per family) o Seniors o Veterans o Unsheltered individuals Reminders: Due by the 15 1h of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND BOYS AND GIRLS CLUB OF THE VALLEY FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2025-2026 THIS AGREEMENT is made and entered into this-day of 2025 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BOYS AND GIRLS CLUB OF THE VALLEY, a 501 (c) 3 non- profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2025-2026. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2025, the city council will likely pass and adopt the 2025-2026 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, "e uests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide the following youth programs to city residents: 1. Mentorship program - $6,000.00 2. Hardship to individuals' program - $3,000.00 B. Provide such programs and activities only to residents of the City and on I y as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included in all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2026 - 2027 to City on or before January 31, 2026. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, andlegalholidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https://qis.apacheiunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. 1. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2025 - 2026. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. 3 J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$9,000.00 for fiscal year 2025- 2026 for SOW performance. B. Compensation shall be in equal quarterly payments of$2,250.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2025-2026 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 4 3. TERM: This Agreement shall be effective beginning July 1, 2025 through June 30, 2026. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Maddie Roberti, Director of Grants Boys and Girls Club of the Valley 4309 E. Belleview Street, Building 14 Phoenix, AZ 85008 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records 5 available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competentjurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable 6 attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: -All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, 7 instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with 8 the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: BOYS AND GIRLS CLUB OF THE VALLEY, a 501(c)3 non- profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ss. COUNTY OF The foregoing was subscribed and sworn to before me this day of 20_, by Maddie Roberti, as Director of Grants, of Boys and Girls Club of the Valley, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions. 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies. 9. Names and addresses of all current board members of agency governing board. (13) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter. 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds. 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding, All requests for financial assistance shall comply with the following stipulations and conditions: 1 All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) EXHIBIT B Quarter Agency Boys and Girls Club Contract No. HHSC FY 25/26 Contract Period July 1, 2025—June 30, 2026 Recipient Address 4309 E. Belleview Street, Building 14, Phoenix, AZ 85008 Contact Person Maddie Roberti Contact Phone/Email 602.943.8182—maddie.roberti@bgcaz.org City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application: Please specify the number of students per grade level,with and without redundancy, specify number of Apache Junction/non-Apache Junction students, and a brief explanation of each program (how often each are held,what the programs are and how many kids attend each): • Mentorship program • Hardship for Individuals program • Amount of funding used for staff wages, benefits and employee related expenses Reminders: Due by the 15 th of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided report Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND OVER-FLO MISSIONS FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2025-2026 THIS AGREEMENT is made and entered into this-day of 2025 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and OVER-FLO MISSIONS, a 501 (c) 3 non-profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2025-2026. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2025, the city council will likely pass and adopt the 2025-2026 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, "e uests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents: 1. Emergency food boxes or hot meals B. Provide such programs and activities only to residents of the City and only as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included in all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2026 - 2027 to City on or before January 31, 2026. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, andlegalholidays. Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 2 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https://qis.apache*unctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. 1. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2025 - 2026. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. 3 K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$2,000.00 for fiscal year 2025- 2026 for SOW performance. B. Compensation shall be in equal quarterly payments of$500.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2025-2026 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A,_or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2025 through June 30, 2026. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 4 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Denise Carter, Director Over-Flo Missions P.O. Box 50848 Mesa, AZ 85109 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 5 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competentjurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: -All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two 6 (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 7 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 8 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: OVER-FLO MISSIONS, a 501(c)3 non- profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ss. COUNTY OF The foregoing was subscribed and sworn to before me this day of 20_, by Denise Carter, as Director of OVER-FLO MISSIONS, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions. 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies. 9. Names and addresses of all current board members of agency governing board. (13) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter. 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds. 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding, All requests for financial assistance shall comply with the following stipulations and conditions: 1 All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Ig��_ rl�jl i, EXHIBIT B Quarter Agency Over-Flo Missions Contract No. HHSC FY 25/26 Contract Period July 1, 2025—June 30, 2026 Recipient Address P.O. Box 50848, Mesa,AZ 85109 Contact Person Denise Carter Contact Phone/Email 480.650.9576—info@overflomissions.com City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • The amount of emergency food boxes distributed per month • The number of hot meals served per month • The number of Apache Junction residents assisted • Amount of food purchased for those in need and any associated costs Reminders: Due by the 15'of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SUPERSTITION COMMUNITY FOOD BANK FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2025-2026 THIS AGREEMENT is made and entered into this-day of 2025 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and SUPERSTITION COMMUNITY FOOD BANK, a 501 (c) 3 non- profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2025-2026. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2025, the city council will likely pass and adopt the 2025-2026 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, "e uests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with the following projects throughout the year: 1. Purchase food for those in need - $50,000.00 2. Purchase food for students facing food insecurity over the weekends and on school breaks with expanding the Student Backpack Food Program - $20,000.00 B. Provide such programs and activities only to residents of the City and only as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included in all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2026 - 2027 to City on or before January 31, 2026. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, andlegalholidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https://qis.apacheiunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. 1. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2025 - 2026. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. 3 J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$70,000.00 for fiscal year 2025- 2026 for SOW performance. B. Compensation shall be in equal quarterly payments of$17,500.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2025-2026 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A. or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 4 3. TERM: This Agreement shall be effective beginning July 1, 2025 through June 30, 2026. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Erik Arriola, Executive Director Superstition Community Food Bank 575 N Idaho Road, Suite 701 Apache Junction, AZ 85119 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records 5 available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competentjurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable 6 attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: -All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, 7 instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with 8 the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: SUPERSTITION COMMUNITY FOOD BANK, a 501(c)3 non- profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ss. COUNTY OF The foregoing was subscribed and sworn to before me this day of 20_, by Erik Arriola, as Executive Director of Superstition Community Food Bank, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions. 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies. 9. Names and addresses of all current board members of agency governing board. (13) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter. 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds. 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1 All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Ig��_ rl�jl i, EXHIBIT B Quarter Agency Superstition Community Food Bank Contract No. HHSC FY 25/26 Contract Period July 1, 2025—June 30, 2026 Recipient Address 557 N. Idaho Road, Suite 701,Apache Junction,AZ 85119 Contact Person Erik Arriola Contact Phone/Email 480.233.6680—erik.arriola@superstitionfoodbank.org City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • The amount of food distributed per month • The number of Apache Junction residents assisted • Amount of food purchased for those in need and any associated costs • Student Backpack Food Program (Number of students served) Reminders: Due by the 15'of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ Agenda Item No. 5. 85119 Piz File ID: 25-244 Sponsor: Rob Wisler Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 25-16, Mesa Gateway Airport JPAA/IGA/Bylaws Update. This item was presented for discussion at the City Council Work Session held May 19, 2025. City of Apache Junction,Arizona Page 1 Printed on 512812025 City of Apache Junction 7 Home of the Superstition Mountains DATE: MAY 19, 2025 TO: MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: ROB WISLER, MANAGEMENT ANALYST SUBJECT: RESOLUTION NO. 25-16: UPDATE TO MESA GATEWAY AIRPORT JOINT POWERS AGREEMENT/IGA/BYLAWS Background/Discussion In 2013, the City Council voted to become part of the Mesa Gateway Airport Authority. The City, through the Mesa Gateway Airport Authority, is a joint owner of the Mesa Gateway Airport along with the City of Mesa, Town of Gilbert, Town of Queen Creek, and Gila River Indian Community. The City of Phoenix was previously a joint owner until it notified the Authority of its intent to withdraw from the Authority effective July 1, 2024. For many years the Airport was known as "Phoenix-Mesa Gateway Airport." After the City of Phoenix relinquished its membership, the Airport Authority voted to change its name to Mesa Gateway Airport. Mesa Gateway Airport is requesting to change its Joint Powers Authority Agreement, the enabling document for the Authority, along with the IGA and the bylaws to reflect the name change and to remove commitments made by Phoenix to the Authority, to change the budget timeframe so that the budget may be introduced in June instead of April, as well as to make non-substantive technical corrections. As part of this process, each member community is requested to approve the new JPAA, IGA, and Bylaws. Analysis and Recommendation As member of the board of directors, Mayor Wilson voted in favor of the name change to Mesa Gateway. The board voted to approve the change of name. The Airport anticipates this change will help better reflect the geographic area and its location within the city of Mesa incorporated limits as it continues to recruit additional airlines and job creators. The name change recognizes the significant financial contributions made to the airport by the City of Mesa since its transition to a civilian airport in 1994. The Airport is a major economic development asset to the entire East Valley region. Staff is supportive of the proposed requested changes to the documents. Financial Impac There is no financial impact to the City from this Resolution. Next Steps Staff plans for this Resolution to be placed on the consent agenda for the June 3rd City Council Meeting. RESOLUTION NO. 25-16 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT, THE MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE MESA GATEWAY AIRPORT AUTHORITY BYLAWS; AND AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY ACTIONS TO FULFILL THE AGREEMENT OBLIGATIONS. WHEREAS, the United States Air Force ("U.S.A.F.") announced its intent to close Williams Air Force Base ("Williams AFB") located at Power and Williams Field Roads, Mesa, Arizona, as an operating location of the U.S.A.F no later than September 30, 1993; and WHEREAS, upon closure, Williams AFB had existing aviation facilities suited to be acquired, developed and operated as a civilian airport facility pursuant to Arizona Revised Statutes ("A.R.S. ") § 28- 8521, et seq. ; and WHEREAS, Maricopa County and the cities and towns of Apache Junction, Queen Creek, Mesa, Gilbert and Chandler were interested in the redevelopment of the base as a civilian passenger and cargo airport; and WHEREAS, in 1992, these public entities entered into two intergovernmental agreements setting forth the purpose and goal statement for the reuse of Williams AFB and a transitional management plan, operating agreement and ownership structure of the facility; and WHEREAS, the original Joint Powers Airport Authority Agreement ("JPAAA") was created and entered into as of May 19, 1994, by and among the cities and towns of Gilbert, Mesa and Queen Creek; and WHEREAS, pursuant to an Amended and Restated Agreement dated May 22, 2006 the Gila River Indian Community and City of Phoenix were added as members of the JPAAA; and WHEREAS, in 2009, the 2006 members entered into an amended agreement establishing the Mesa Gateway Airport Authority (the "Authority" or "MGAA") ; and WHEREAS, the City of Apache Junction became a proprietor and member of the airport authority along with the other members in 2013; and WHEREAS, in June 2024, the City of Phoenix terminated its membership in the MGAA; and WHEREAS, in December 2024, the then Phoenix-Mesa Gateway Airport Authority Board voted to rename itself the "Mesa Gateway Airport Authority" and to rename the airport "Mesa Gateway Airport". RESOLUTION NO. 25-16 PAGE 1 WHEREAS, the Authority desires to amend and restate the agreement to acknowledge and account for the departure of the City of Phoenix from the MGAA and the renaming of Phoenix-Mesa Gateway Airport to Mesa-Gateway Airport, to change the mandated budget introduction from April to June, and to make technical corrections . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The mayor is authorized to execute Amendment No. 2 to the Mesa Gateway Airport Authority Amended and Restated Joint Powers Airport Authority Agreement, Amendment No. 2 to the Mesa Gateway Airport Authority Amended and Restated Intergovernmental Agreement and the Mesa Gateway Airport Authority Bylaws, the forms of which are attached to this resolution, under exhibits A, B, and C. 2) City staff is authorized to take any and all necessary steps to effectuate the purpose, intent and obligations of the partnering agreements referenced herein. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2025. SIGNED AND ATTESTED TO THIS DAY OF 2025 . WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Exhibit A SECOND AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT DO NOT REMOVE This is part of the official document MESA GATEWAY AIRPORT AUTHORITY SECOND AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT This Second Amended and Restated Joint Powers Airport Authority Agreement (the "Agreement") establishing and continuing the Mesa Gateway Airport Authority (the "Airport Authority"), is made and entered into as of 20th day of May, 2025, pursuant to Arizona Revised Statutes ("A.R.S.") Section 28-8521, et seq., by and among the Town of Gilbert, an Arizona municipal corporation ("Gilbert"), the City of Mesa, an Arizona municipal corporation ("Mesa"), the Town of Queen Creek, an Arizona municipal corporation ("Queen Creek"), the Gila River Indian Community, a federally recognized Indian tribe ("Community"), and the City of Apache Junction, an Arizona municipal corporation ("Apache Junction") (collectively"Members" or"parties" and individually"Member" or"party"). The parties to this Agreement agree as follows: Recitals. The United States closed Williams Air Force Base("Williams")as an operating location of the United States Air Force ("USAF"). Williams had existing aviation facilities that are suited to be operated and developed as an airport facility pursuant to the joint powers airport authority powers found in A.R.S. Section 28-8521, et seq. The original joint powers airport authority agreement was made and entered into as of 19th day of May, 1994, by and among Gilbert, Mesa, and Queen Creek and recorded on May 19, 1994, as Instrument No. 94-0400695, official records of Maricopa County, Arizona. Through the original joint powers airport authority agreement, it was the desire of Gilbert, Mesa, and Queen Creek that the joint powers airport authority agreement take the place of and cancel the Intergovernmental Agreement (Williams Air Force Base - Management and Operation) that was recorded on December 14, 1992 at Recorder's No. 92-0712408 in the records of Maricopa County, Arizona, the substance of which was incorporated in the original joint powers airport authority agreement. By entering into the original joint powers airport authority agreement, the parties to that agreement desired to establish a joint powers airport authority to develop, reuse, operate, and maintain the existing Williams aviation facilities. Upon establishment of the joint powers airport authority, the new facilities were known as the Williams Gateway Airport Authority. Via 1995 and 2006 Amendments to the original joint powers airport authority agreement, the Community and the City of Phoenix ("Phoenix") were added as Members of the Airport Authority, respectively. Via 2009 Amendment, the legal name of the entity was changed to the Phoenix-Mesa Gateway Airport Authority. Apache Junction also became a Member of the Airport Authority effective July 1, 2013. Phoenix withdrew from the Airport Authority effective June 30, 2024. The legal name of the Airport Authority was changed to Mesa Gateway Airport Authority effective as of December 17, 2024. 4921-1371-8303 Formation of Airport Authority. Upon approval and execution of this Agreement by all the parties, a joint powers airport authority called the Mesa Gateway Airport Authority is formed with all parties as Members pursuant to A.R.S. Section 28-8521, with all powers granted to it under Arizona law. Board of Directors and Officers. Upon execution of this Agreement, each Member shall appoint one representative to act with the authority of the appointing Member for the purpose of implementing this Agreement. Each Member shall also designate at least one alternate representative to act with the authority of the appointing Member in the absence of the representative. The appointed representative and all alternates shall be duly elected or appointed members of the governing body of the appointing Member. Notice of such appointment and of any subsequent replacement appointment shall be delivered in writing to the other Members of the Airport Authority. The appointing authority as to each Member shall be each Member's respective governing body. Each representative so appointed shall be a Director on the Board of Directors of the Airport Authority. The Board of Directors shall consist of only the representatives appointed by the Members of the Airport Authority. In the absence of the representative or alternate representatives, any representative of the Member governing body attending Board meetings or otherwise implementing this Agreement is presumed to act with the authority of the Member governing body. The Board of Directors may establish a fixed time, date and place for regularly scheduled meetings. Special meetings of the Board may be called by the Chair on no less than 24-hours' notice to the public, and each Director, either personally, by mail, by email, by text message, or by telephone. Notice of meetings of the Board shall be provided and meetings shall be conducted in accordance with the Arizona open meeting law,A.R.S. Section 38-431, etseq. Nothing herein shall prohibit the holding of an emergency session on less than 24-hours' notice in accordance with the provisions of the Arizona open meeting law. A Board Member may attend a Board meeting via electronic means, including telephonic conference. The Board may conduct a telephonic Board meeting so long as such telephonic meeting is conducted in accordance with the provisions of the Arizona open meeting law. A majority of the membership of the Board of Directors shall constitute a quorum. A quorum shall be necessary to conduct the business of the Board. If a quorum is lost at any meeting of the Board of Directors, the remaining Directors present at the meeting may recess the meeting from time to time,without notice other than an announcement at the meeting, until a quorum shall be present. The Board of Directors shall annually choose from its Directors a Chair, a Vice Chair and a Secretary, each of whom shall serve at the pleasure of the Board of Directors. The Board of Directors at any time may appoint such other officers and agents as it shall deem necessary who shall hold their offices at the pleasure of the Board of Directors and who shall exercise such powers and perform such duties as shall be determined from time to time by the Board. The Chair, or in the Chair's absence, the Vice Chair, shall preside at all meetings of the Board of Directors. In the absence of the Chair and Vice Chair, the Secretary shall preside at the meeting of the Board of Directors. The Secretary shall see that the minutes of all meetings of the Board of Directors are kept. Airport Authority Sta . The Board of Directors shall employ an Executive Director and approve an annual budget for such other managers and staff as the Executive Director shall deem necessary to manage and conduct the - 2 - 4921-1371-8303 operations, maintenance and development of the airport facilities in accordance with the provisions of this Agreement and policies and procedures approved by the Board of Directors. The Executive Director shall report directly to the Board of Directors and shall supervise the Airport Authority Staff. Ownership of Airport Facilities. Upon conveyance by the USAF to the Airport Authority, title to all or a portion of the certain aviation facilities, both real and personal property, formerly owned and operated by the USAF at Williams situated in the County of Maricopa, State of Arizona ("Airport Facilities"), shall be held by the Airport Authority. The Airport Authority may acquire or convey real and personal property from time to time. Development, reuse, operation, and maintenance of the Airport Facilities shall be overseen by the Board of Directors and shall be conducted in accordance with the provisions of this Agreement and policies and procedures developed hereunder. Each Member agrees that should said Member withdraw from the Airport Authority pursuant to Section 10, effective upon such withdrawal, any ownership rights of said Member in the Airport Facilities shall also terminate. A Member shall not be deemed to have withdrawn from the Airport Authority simply by virtue of the termination of this Agreement pursuant to Section 13. Each Member hereto also agrees to execute upon withdrawal any and all documents necessary to evidence and effectuate such withdrawal. Recharacterization of Members' Loans to Airport Authority. Effective July 1, 2014, the Members deemed all of the Members' respective prior loans as appropriations (or contributions) to the Airport Authority in accordance with A.R.S. § 28-8521(B)(4). The precise amount of each Member's cumulative contributions (since becoming a Member of the Airport Authority) is set forth in Exhibit A. Members shall continue to make annual appropriations to the Airport Authority as required in this Agreement, particularly Section 9. Notwithstanding anything to the contrary in this Section 6, each Member shall exercise its voting rights (related to the administration and management of the Airport Authority) in accordance with Section 8. Each Member agrees that should said Member withdraw from the Airport Authority pursuant to Section 10, effective upon such withdrawal, all rights and interests of said Member in the Airport Authority shall also terminate. Each Member also agrees to execute upon withdrawal any and all documents necessary to evidence and effectuate such withdrawal. Powers of the Mesa Gateway Airport Authority. The Mesa Gateway Airport Authority, acting through the Board of Directors, may: Own, operate, and maintain property and facilities related to aviation, air navigation, and aerospace. Own and lease property and facilities that are not related to aviation, air navigation, and aerospace. Prescribe user fees and charges. Operate facilities and construct improvements. If authorized by the Members, exercise the right of eminent domain in the names of the Members. - 3 - 4921-1371-8303 Engage employees and consultants. Enter into contracts, leases, and development agreements. Enter into agreements with the State of Arizona, any political subdivision of the State, or the federal government. Prepare and receive annual operating budgets. Borrow money and issue revenue bonds, and issue other financial obligations incurred for the purposes of this Section and authorized under A.R.S. Section 28-8521, et seq. Sue and be sued. Exercise incidental powers as may be necessary to the exercise of the powers prescribed in this Section and under A.R.S. Sections 28-8527 and 28-8529, and to implement the responsibilities, goals, and purpose of the Airport Authority. Votinq Rights. Each member of the Board of Directors is entitled to one vote, and a motion will carry if supported by a majority of the quorum unless a Member requests that a weighted vote be taken. If a weighted vote is requested, then the following terms and conditions apply. Subject to Section 8.1.2, each member of the Board of Directors is entitled to cast a weighted vote equal to that Member's cumulative appropriations to the Airport Authority as a percentage of the total appropriations made by all current Members to the Airport Authority since 1993 when the initial Intergovernmental Agreement Group was formed. For purposes of this Section 8.1.1, and in accordance with Section IV(4)(d) of the Memorandum of Understanding (MOU) (effective March 21, 2011) among the Airport Authority, City of Mesa, and Able Engineering and Components, Inc., Mesa's cumulative contributions to the Airport Authority include the City Rent (as defined in the MOU) paid by Mesa to the Airport Authority to service the debt on the Airport Authority's Series 2012 Bond Issue in the amount of $19,220,000 (to finance the FAA-certified maintenance, repair, and overhaul facility subleased to others). The percentage calculated under Section 8.1.1 is then adjusted so that no Member's vote will exceed 50%of the total weighted votes. If any Member's percentage as calculated exceeds 50%, then the excess percentage (over 50%) is allocated proportionally to the remaining Members so that the weighted vote of all Members combined equals 100% (or 100 votes). Under this formula, the weighted votes for all Members as of July 1, 2024 are: Member Votes City of Mesa 50.00 Gila River Indian Community 22.23 Town of Gilbert 18.90 Town of Queen Creek 5.61 Apache Junction 3.26 All matters on which a weighted vote is taken must be decided by a simple majority of all Members'weighted votes, not just the weighted votes represented at the meeting. The number of weighted votes of each Member will be adjusted annually before the start of each Fiscal Year based on the Airport Authority's adopted operating budget for the Fiscal Year. - 4 - 4921-1371-8303 If a Member withdraws from the Airport Authority, the weighted votes of remaining Members must be recalculated at the beginning of the next fiscal year. In recalculating the weighted votes, all appropriations of the withdrawing Member will be disregarded. No Member may invoke weighted voting for matters related to modifications to the approved airport layout plan and airport master plan, or for adjustments to the percentage contributions or the amounts of each Member contribution to the annual budget. Operating Budget. The fiscal year of the Airport Authority shall run from July 1 to June 30. The Board of Directors shall, by June 1 of each fiscal year, recommend to the Members of the Airport Authority an annual operating budget for the Airport Authority for the next fiscal year and shall state the amounts of each Member contribution or proportion of the Airport Authority's annual operating budget to be provided by each Member. At least thirty (30)days before the annual budget is recommended to the Members of the Airport Authority by the Board of Directors, the Board may consider adjustments to the amounts of each Member contribution or percentage contributions of each Member. Adjustments to the amounts of each Member contribution or percentage contributions of any Member must be approved by a unanimous vote. By June 15 of each year,the Board of Directors shall, if necessary due to the addition or withdrawal of Members, have decided by a unanimous vote on the amounts of each Member contribution or a reallocation of the percentage contributions among the Members or have assigned each Member its pro rata increase or decrease in contribution. The governing bodies of the Airport Authority's Members, including any new Members admitted pursuant to Section 11 shall approve and adopt the operating budget recommended by the Board, as may be revised pursuant to Section 9.3, by June 30 of each year or withdraw from the Airport Authority pursuant to Section 10. The Board of Directors may from time to time recommend to the Members of the Airport Authority amendments to the approved and adopted operating budget. The governing bodies of the Members shall approve amendments to the operating budget or withdraw from the Airport Authority pursuant to Section 10. The Airport Authority shall adopt and periodically amend a Strategic Business plan and a Capital Improvements Plan. Expenditures for or by the Airport Authority shall be consistent with these plans. In addition, expenditures by the Airport Authority shall be limited to those items that directly relate to or benefit the operation and development of the Airport Facilities and the Airport Authority. Withdrawal From Airport Authority. No Member shall have the right to withdraw from the Airport Authority during the term of this Agreement except as provided in this Section. At least one hundred twenty (1120) days prior to the withdrawal deadline, a Member that intends to withdraw from the Airport Authority must provide a written notice of intent to withdraw to the Members of the Airport Authority, but if a Member provides a notice of intent to withdraw between one hundred twenty (120) and one hundred fifty (150) days prior to the withdrawal deadline, then other Members may submit notices of intent to withdraw up to sixty(60)days prior to the withdrawal deadline. The withdrawal deadline shall be February 28 of each fiscal year. The withdrawing Member shall pay its pro rata annual budget contribution for the current fiscal year and its pro rata share of any outstanding obligations to which the withdrawing Member has obligated itself. - 5 - 4921-1371-8303 Any obligations of the withdrawing Member to the Airport Authority shall remain outstanding until fully paid and satisfied. Admission To Airport Authority. A city, town, county or American Indian Community may be admitted to the Airport Authority upon: (1) written request to the existing Members of the Airport Authority prior to February 1 of each fiscal year; (2) the unanimous approval of the existing Members of the Airport Authority no later than June 30 of each fiscal year but after recommendation of the annual budget to the Members of the Airport Authority; and (3) execution, acknowledgement, and deliverance to the Airport Authority of such instruments as the Members may deem necessary or advisable to effect the admission of such city, town, or county as an additional Member, including (without limitation) the written acceptance and adoption by such city, town, county or American Indian Community of the provisions of this Agreement. The fiscal obligations of a new Member are not effective until the beginning of the new fiscal year. The parties acknowledge that Gilbert, Mesa, and Queen Creek waived all notice and procedural requirements for admission of the Community when it became a Member of the Airport Authority effective July 1, 1995. The parties waived all notice and procedural requirements in this Agreement for admission of Apache Junction when it became a Member effective July 1, 2013. Effective Date. This Agreement shall become effective(the"Effective Date")on the later of its filing with the Arizona Secretary of State and the Maricopa County Recorder in accordance with Section 19 hereof. Termination of Airport Authority. This Agreement shall remain in full force and effect unless modified or terminated by written agreement of a majority of the Members of the Airport Authority. This Agreement shall also be deemed terminated should all parties hereto have exercised their right to withdraw from the Airport Authority in accordance with Section 10 of this Agreement. Notwithstanding the right to withdraw set forth in Section 10, each party hereto agrees to remain a Member of the Airport Authority and to be bound by this Agreement until the end of the current fiscal year. Unless otherwise agreed to by a majority of the Members of the Airport Authority, upon termination of this Agreement: If one Member agrees to assume ownership of the Airport Facilities and agrees to assume the financial obligations of all Members, then the Airport Authority shall transfer title of the Airport Facilities to such Member. If no Member agrees to assume ownership of the Airport Facilities and the financial obligations of all Members, and if the State of Arizona agrees to assume such ownership and financial obligations, then the Airport Facilities shall be transferred to the State of Arizona. If the State of Arizona refuses to assume ownership of the Airport Facilities,then the Airport Facilities shall revert to the United States of America. - 6 - 4921-1371-8303 Annual Report to Legislature. If invited, the Chair of the Board of Directors of the Airport Authority shall annually present a report of the activities of the Airport Authority to the State House of Representatives,Ways and Means Committee, and the State Senate Finance Committee. Governing Law. This Agreement and the obligations of the Members hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of Arizona. The court with the original jurisdiction for causes of action arising under this Agreement is the United States District Court for the District of Arizona. Sovereign Immunity. The Community expressly and irrevocably waives its sovereign immunity from suit solely for the limited purpose of allowing the Airport Authority to commence arbitration proceedings and enforce arbitration decisions or awards that involve a dispute or claim arising out of this Agreement. This limited waiver of sovereign immunity does not extend to any person or entity other than the Airport Authority. Except as provided in Section 15.2.1 through Section 15.2.6, nothing in this Agreement, or in the Commercial Arbitration Rules of the American Arbitration Association ("AAA") (referred to below), or in any related agreement, exhibit, document or undertaking, shall be construed as waiving, qualifying, diminishing, impairing or otherwise adversely affecting the sovereign immunity of the Community or any of its entities, enterprises, affiliates or subdivisions. Further, except as specified in Section 15.2.1 through Section 15.2.6, and unless explicitly stated within this Agreement, nothing in this Agreement, or in the AAA rules, or in any related agreement, exhibit, document or undertaking, shall be construed as a waiver of such sovereign immunity or as consent or agreement by the Community to the jurisdiction of any governmental authority, or any state or municipal court. Mediation. Any dispute that may arise under this Agreement shall be submitted to a mediator agreed to by both parties as soon as practicable after the dispute arises, but in any event prior to the commencement of arbitration. The mediator's fees and expenses shall be shared equally by the parties, who agree to exercise their best efforts in good faith to resolve all disputes in mediation. Mediation will begin on the date one party sends written notice to the other requesting mediation and presenting in the notice the matter to be mediated. The mediation will conclude when both parties sign an agreement that resolves the subject of the mediation. If no agreement is reached within sixty (60) calendar days after the date of the original written notice, the mediation will be considered unsuccessful, and either party may invoke its arbitration rights under this Agreement. Binding Arbitration. Any claim or dispute arising under this Agreement between the Airport Authority and the Community("dispute"or"disputes"), including,without limitation,whether a dispute is subject to arbitration, not resolved by negotiation between the parties, shall be resolved through binding arbitration conducted in Maricopa County, Arizona as provided in this Section 15. Either party may initiate the arbitration by giving written demand for arbitration to the other party in accordance with the notice provisions of this Agreement, setting forth the nature of the claim or dispute, the amount involved, if any, and the remedy sought. Conduct of Arbitration. The arbitration shall be subject to Public Law No. 107-159 (116 Stat. 122 (2002)) and shall be conducted in accordance with the then-current AAA rules (but not under the administration of the AAA) except as otherwise provided in this Section 15. A single arbitrator shall be selected by agreement of both parties. If the parties cannot agree upon a single arbitrator within 30 days of receipt of a written demand for arbitration, either party may submit a request to the federal district court for an appointment of an arbitrator. No arbitrator shall have or previously have had any significant relationship with any of the parties hereto. The single arbitrator shall be knowledgeable in the subject matter of the dispute. The arbitration decision shall be rendered within 45 days after the arbitration hearing or the time period, if any, required by the AAA rules, whichever is sooner. The award of the arbitrator shall be supported by written findings of fact, conclusions of law, and a calculation of how damages, if any, were determined. The arbitrator also may grant provisional or ancillary remedies (e.g., the appointment of a receiver, injunctive relief, etc.) either during the pendency of the arbitration proceeding or as part of an - 7 - 4921-1371-8303 arbitration award. Upon written request and after notice to the other party, the arbitrator may modify the applicable arbitration rules in the interests of justice. The award of the arbitrator shall be final and binding upon the parties, including any party refusing to submit to arbitration under this Section 15, and a judgment thereon may be entered in the United States District Court, District of Arizona as provided by Public Law 107-159. Any refusal to submit to arbitration hereunder, any exercise of a right under the Federal Arbitration Act (9 USC § 1, et seq.), which shall apply to the construction and interpretation of this Section 15, or any enforcement of an award rendered in the arbitration shall be in and subject to the jurisdiction of the United States District Court, District of Arizona. In deciding any matter submitted to arbitration pursuant to this Section 15,federal law shall apply. If there is no applicable federal law, the arbitrator shall be guided by the laws of the State of Arizona. The statute of limitations, estoppel, waiver, laches and similar doctrines that would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding. Discovery. The parties may conduct discovery in advance of the arbitration hearing in accordance with the AAA rules. Based on the nature and amount of the dispute,the arbitrator may establish a discovery schedule or discovery cutoff date or may limit discovery. Costs of Arbitration and Attorney's Fees. Each party shall bear its own attorney's fees and expenses. The fees and all other expenses of the arbitrator, witness fees, and other reasonable fees and costs, other than attorney's fees and expenses, incurred by the prevailing party shall be assessed against the non-prevailing party by the arbitrator and included in any award or decision. Amendments. This Agreement may be amended only by an instrument in writing approved and signed by all of the Members. Legal Counsel Review. This Agreement shall be submitted to the legal counsel for each party hereto prior to its execution by said party, in order to determine whether this Agreement is in proper form and is within the powers and authority granted under the laws applicable to said party. Attached hereto and incorporated herein by reference is a copy of said written determination of each party's legal counsel. Notices. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail as follows: Town of Gilbert 50 East Civic Center Drive Gilbert,Arizona 85296 Attention: Town Manager City of Mesa 20 E. Main Street Mesa,Arizona 85201 Attention: City Manager Town of Queen Creek 22358 South Ellsworth Road Queen Creek,Arizona 85142 Attention: Town Manager 4921-1371-8303 Gila River Indian Community Administrative Offices P.O. Box 97 Sacaton,Arizona 85147 Attention: Lieutenant Governor City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 Attention: City Manager EEM. A completely executed copy of this Agreement shall be filed with the Arizona Secretary of State, the Maricopa County Recorder, and the City Clerk, or the Town Clerk, as appropriate, of each other party hereto. Remedies. In the event of any violation or threatened violation by any party to this Agreement, of any of the terms, restrictions, acknowledge me nts, covenants or conditions of this Agreement, the other parties hereto shall be entitled to full and adequate relief by injunction and all other legal and equitable remedies. Cancellation. This Agreement may be canceled pursuant to A.R.S. Section 38-511. Approving Action. Copies of appropriate action by ordinance, resolution or otherwise authorizing the respective parties to enter into this Agreement are attached hereto as Exhibit B. The Agreement may be signed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, but all of which taken together shall constitute one of the same instrument. Federal Aviation Administration. Nothing herein requires any Member to contribute funding contrary to the Federal Aviation Administration's policies and procedures. Bond Ordinances. Notwithstanding any of the provisions in this Agreement, no Member assumes any obligation in connection with this Agreement that will have priority over or parity with any bond issued by each Member in its individual capacity. Audit Records. The parties, the Federal Aviation Administration, the Comptroller of the United States, or any duly authorized representative reserves the right, at reasonable times,to audit and/or copy the Airport Authority's books and records directly pertinent to this Agreement. Nothing herein requires the Airport Authority to create or maintain any records that the Airport Authority does not maintain in the ordinary course of business or pursuant to a provision of law. - 9 - 4921-1371-8303 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as provided in Section 12. Attest: CITY OF APACHE JUNCTION By: By: _ City Clerk Walter Wilson, Mayor Attest: GILA RIVER INDIAN COMMUNITY By: By: _ Stephen Roe Lewis, Governor Attest: TOWN OF GILBERT By: By: _ Town Clerk Scott Anderson, Mayor Attest: CITY OF MESA By: By: _ City Clerk Mark Freeman, Mayor Attest: TOWN OF QUEEN CREEK By: By: — Town Clerk Julia Wheatley, Mayor 4921-1371-8303 DETERMINATION OF LEGAL COUNSEL The Second Amended and Restated Joint Powers Airport Authority Agreement has been reviewed by the undersigned attorneys who have determined that it is in proper form and within the power and authority granted under the applicable laws of each party. Date Apache Junction City Attorney Date Gila River Indian Community Attorney Date Gilbert Town Attorney Date Mesa City Attorney Date Queen Creek Town Attorney 4921-1371-8303 Exhibit A Mesa Gateway Airport Authority Members'Cum u lative Contributions as of December 10, 2024 MemberAgency Cumulative Total City of Mesa $103,756,406 Gila River Indian Community $13,159,550 Town of Gilbert $11,199,250 Town of Queen Creek $3,310,070 City of Apache Junction $1,895,000 Total $133,320,276 4921-1371-8303 Exhibit B [Ordinance, Resolution or Minutes Approving Second Amended and Restated JPAA Agreement] (Attached) 4930-7001-9615 457 Mesa Gateway Airporl RESOLUTION NO. 25-21B WHEREAS, the Mesa GateNvay Ai ort Authority ("Authority"), a joint powers ai ort authority formed lip I UP pursuant to ArizonSiRevised Statute 5%28-8521 et ieq.owns and operate.,, the Nfesa Gateway Airport("AirporC�, and WHEREAS, the City of Phoenix withdrew from the Authoritv effective June 30,W24,and %XJ IEREAS, the Mesa Gateway Airport Authority changed its name effective December 17,2024;and Wl IEREAS, the Authonty deems it appropriate to call for its Members to amend and restate the joint Power Authority Agreement; NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Authority as fofloxvq: The Board of Directors of the Authoritv hereby recommends to its Members that they execute the Second Amended and Restated joint Powers Airport Authority Agreement attached hereto as Exhibit A and incorporated as if futh, set forth herein. Passed and adopted by the Authority this 21(4h d2v of May,2025, 1-h III '"lleadeyvJChair ATTEST: APPROVED AS TO FORNI: rvfistyj� o fthc Board )wen-,A. 2 - 4930-7001-9615 Exhibit B 4930-7001-9615 SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT This Second Amended and Restated Intergovernmental Agreement ("Agreement") is made and entered into pursuant to Arizona Revised Statutes Section 11-951 et. seq. as of the 20th day of May, 2025 by and between the MESA GATEWAY AIRPORT AUTHORITY, a municipal corporation(the "Authority"), the TO" OF GILBERT, a municipal corporation, as a member of the Authority ("Gilbert"), the CITY OF MESA, a municipal corporation, as a member of the Authority and individually with respect to Section 5 of this Agreement ("Mesa"), the TOWN OF QUEEN CREEK, a municipal corporation, as a member of the Authority ("Queen Creek"), the GILA RIVER INDIAN COMMUNITY as a member of the Authority, (the "Community"), and the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("Apache Junction"), recite, consent and agree as provided herein. Recitals. A. Pursuant to the Intergovernmental Agreement dated December 14, 1992, Gilbert, Mesa and Queen Creek established the Authority pursuant to the Joint Powers Airport Authority Agreement ("JPAA") dated May 19, 1994, recorded on May 19, 1994, as Instrument No. 94- 0400695, official records of Maricopa County, Arizona. The First Amendment to the JPAA was signed on May 19, 1995 to include the Community as a member of the Authority. The Authority, Gilbert, Mesa, Queen Creek, the Community and the City of Phoenix, an Arizona municipal corporation ("Phoenix") entered into the Amended and Restated Intergovernmental Agreement, dated May 22,2006, and filed with the Arizona Secretary of State on July 20,2006 to add Phoenix as a Member of the Authority. The Members entered into the Amended and Restated JPAA dated July 19, 2013 to add Apache Junction as a Member of the Authority. B. The Authority was established pursuant to Arizona Revised Statutes, Section 28- 8521 (previously found in Arizona Revised Statutes, Section 2-351 et. seq. for the purposes of acquiring, developing and operating an airport and related facilities located on a portion of the property formerly known as the Williams Air Force Base and subsequently re-named the Phoenix- Mesa Gateway Airport. C. Phoenix withdrew from the Authority effective July 1, 2024. D. The name of Phoenix-Mesa Gateway Airport was changed to Mesa Gateway Airport and the name of the Authority was changed from Phoenix-Mesa Gateway Airport Authority to Mesa Gateway Airport Authority effective December 17, 2024. The Authority owns and operates Mesa Gateway Airport. E. Concurrently herewith, the Authority, Gilbert, Mesa, Queen Creek, Community and Apache Junction are entering into a second amended and restated JPAA ("2025 Second Amended and Restated JPAA") that reflects the changed membership and name. F. The Authority, Gilbert, Mesa, Queen Creek, Community and Apache Junction are committed to meeting the long-term aviation capacity needs of the metropolitan area. G. By entering into this Agreement,the parties to this Agreement desire to continue to jointly exercise common powers with regard to the ownership, development, reuse, operation and -4 - 4930-7001-9615 maintenance of the Mesa Gateway Airport pursuant to Arizona Revised Statutes, Chapter 25, Article 8. NOW, THEREFORE, in consideration of the covenants and agreements contained herein and for other good and valuable considerations, the receipt and adequacy of which are hereby acknowledged by all the parties hereto, the parties hereto agree as follows: Agreement Section 1. Purpose and Goals. 1.1 The Authority, Mesa, Gilbert, Queen Creek, the Community and Apache Junction agree to work together to establish an airport to serve the long-term aviation needs of the region. 1.2 It is not the intention of the parties to restrict the marketing or service of Mesa Gateway Airport. It is the intention of the Authority to market Mesa Gateway Airport as a domestic and international commercial passenger and cargo airport. Section 2. Development of Authority's BudIciet. 2.1 Each Member shall contribute funds for the Authority annual (operating and capital)budget as approved by the Authority's Board of Directors pursuant to Sections 8 and 9 of the 2025 Second Amended and Restated JPAA. Section 3. Archaeological Issues. 3.1 It is Authority's intent to negotiate in good faith a separate agreement with the Community regarding archaeological issues that complies with federal and state law, including, but not limited to, Section 10E of the National Historic Preservation Act and the Programmatic Agreement Among The United States Air Force, the Arizona State Historic Preservation Officer and the Advisory Council on Historic Preservation Concerning Disposal of Williams Air Force Base, Mesa, Arizona, February 1995. To the extent allowed by federal and state law, the Authority acknowledges that the Community has rights to and ownership of all Native American data and artifacts recovered on property owned or controlled by the Authority. "A partial listing of Native American data and artifacts which might be recovered on property at Williams AFB includes, but is not limited to: whole or fragmentary tools, implements, containers, weapons, weapon projectiles, clothing, ornaments, containers, pottery, and other ceramics, basketry, cordage, weavings, coins, bullets, bottles, and other glassware, flaked stone, ground stone, pecked stone, worked bone, metal wood hide, feathers, and pigments." Further, to the extent allowed by federal and state law and Authority procurement requirements, and to the extent it meets the requirements of the Programmatic Agreement, the Authority that the Community may provide all Data Recovery Plans, data recovery, and mitigation required in association with the development on the Airport Facility. Section 4. Governing Law; Jurisdiction. 4.1 This Agreement shall be construed and interpreted in accordance with the laws of the State of Arizona. The court with the original jurisdiction for causes of action arising under this Agreement is the United States District Court for the State of Arizona. The Community agrees to, and does hereby, waive its sovereign immunity from the jurisdiction of the United States District Court for the State of Arizona in any action arising under this Agreement brought by or against the Community. The Community further agrees to accept and be bound by, thereby waiving its sovereign immunity from, a judgment or order which is final (because either the time for appeal thereof has expired or the judgment or order is issued by a court or other entity having final appellate jurisdiction over the matter is not subject to collateral attack) by any such - 5 - 4930-7001-9615 court or any court or entity having appellate jurisdiction over any such court in any such action. The Community waives its sovereign immunity to the enforcement of any such final judgment against it without limitation. The Community hereby designates the Community's Governor as the appropriate party for the purposes of service of process. If the United States District Court for the State of Arizona finds that it does not have jurisdiction in any action arising under this Agreement brought by or against the Community, then the Parties agree that the action shall be adjudicated through arbitration in the State of Arizona as follows: i.) the parties shall attempt to agree upon one (1) arbitrator with expertise on the subject matter of the dispute; ii.) if the parties are unable to agree on an arbitrator, each party shall select an arbitrator within ten (10) days of the commencement of the arbitration and the two (2) arbitrators shall mutually appoint a third arbitrator within twenty (20) days of their appointment. If the two (2) arbitrators are unable to agree on the appointment of a third arbitrator within twenty (20) days, the third arbitrator shall be appointed by the American Arbitration Association; and iii.) the arbitrator(s) shall confer with the parties immediately after appointment to determine an arbitration schedule including whether and to what extent discovery is required. The arbitrator(s) may set the matter for an evidentiary hearing or oral argument, or may dispose of the dispute based upon written submissions only. The decision of the majority of the arbitrator(s) shall be final, binding, and unappealable. Such decision shall be enforceable in United States District Court for the State of Arizona. The cost of arbitration shall be borne equally by the parties. The parties shall bear their own costs and attorney's fees associated with their participation in the arbitration unless the decision of the arbitrator shall specify otherwise. Section 5. Incorporation of Recitals. 5.1 All of the recitals set forth above are hereby incorporated into this Agreement by this reference and made a part hereof. Section 6. Attorneys' Fees. 6.1 If any action is brought to enforce this Agreement or to recover damages or equitable relief for a breach of this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees incurred in such action. Section 7. Entire Agreement. 7.1 There are no oral agreements between the Authority and the Community with respect to those matters and transactions that are the subject of this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understands, written or oral, if any, between the Authority and the Community with respect to those matters and transactions that are the subject of this Agreement. Section 8. Severability. 8.1 If any provision of this Agreement shall be determined to be void by a court of competent jurisdiction, then such determine shall not affect any other provision of this Agreement and all such other provisions shall remain in force and effect. Section 9. Termination of Airport Authority. 9.1 This Second Amended and Restated Intergovernmental Agreement shall remain in full force and effect unless modified or terminated by written agreement of a majority of the members of the Authority. This Agreement shall also be deemed terminated should all parties hereto have exercised their - 6 - 4930-7001-9615 right to withdraw from the Authority in accordance with Section 10 of the Second Amended and Restated JPAA. 9.2 Notwithstanding the right to withdraw set forth in Section 10 of the Second Amended and Restated JPAA, each party hereto agrees to remain a member of the Authority and to be bound by this Intergovernmental Agreement for at least one year after the Effective Date. 9.3 Unless otherwise agreed to by a majority of the members of the Authority, upon termination of this Agreement: 9.3.1 If one (1) member agrees to assume ownership of the Airport Facilities and agrees to assume the financial obligations of all members,then the Authority shall transfer title of the Airport Facilities to such member. 9.3.2 If no member agrees to assume ownership of the Airport Facilities and the financial obligations of all members, and if the State of Arizona agrees to assume such ownership and financial obligations, then the Airport Facilities shall be transferred to the State of Arizona. 9.3.3 If the State of Arizona refuses to assume ownership of the Airport Facilities, then the Airport Facilities shall revert to the United States of America. Section 10. Term. 10.1 This Second Amended and Restated Intergovernmental Agreement shall remain in full force and effect until a date that is ninety-nine (99) years after the Effective Date unless modified or terminated by written agreement of all parties hereto. Section 11. Notices. 11.1 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail as follows: Town of Gilbert 50 East Civic Center Drive Gilbert, Arizona 85296 Attention: Town Manager City of Mesa 20 E. Main Street Mesa, Arizona 85201 Attention: City Manager Town of Queen Creek 22350 South Ellsworth Road Queen Creek, Arizona 85242-0650 Attention: Town Administrator Gila River Indian Community Administrative Offices P.O. Box 97 Sacaton, Arizona 85247 Attention: Lieutenant Govemor - 7 - 4930-7001-9615 City of Apache Junction 300 East Superstition Boulevard Apache Junction, Arizona 85119 Attention: City Manager Section 12. Cancellation. 12.1 This Agreement may be canceled pursuant to Arizona Revised Statutes, Section 38-511. Section 13. Approving Action. 13.1 Copies of appropriate action by ordinance, resolution or otherwise authorizing the respective parties to enter into this Agreement are attached hereto as Exhibit A. Section 14. Audit Records. 14.1 The parties, the Federal Aviation Administration, the Comptroller of the United States, or any duly authorized representative reserves the right, at reasonable times, to audit and/or copy the Authority's books and records directly pertinent to this Agreement. Nothing herein requires the Authority to create or maintain any records that the Authority does not maintain in the ordinary course of business or pursuant to a provision of law. Section 15. Counterparts. 15.1 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one in the same instrument, which instrument shall be deemed fully executed when one or more counterparts have been executed by each of the parties. 4930-7001-9615 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. Attest: CITY OF APACHE JUNCTION By: By: — City Clerk Walter Wilson, Mayor Attest: GILA RIVER INDIAN COMM-UNITY By: By: — Stephen Roe Lewis, Governor Attest: TOWN OF GILBERT By: By: _ Town Clerk Scott Anderson, Mayor Attest: CITY OF MESA By: By: — City Clerk Mark Freeman, Mayor Attest: MESA GATEWAY AIRPORT AUTHORITY By: By: _ Its Chair Attest: TOWN OF QUEEN CREEK By: By: — Town Clerk Julia Wheatley, Mayor - 9 - 4930-7001-9615 DETERMINATION OF LEGAL COUNSEL The foregoing Second Amended and Restated Intergovernmental Agreement has been reviewed by the undersigned attorneys who have determined that it is in proper form and within the power and authority granted under the applicable laws of each party. Date Apache Junction City Attorney Date Gila River Indian Community Attorney Date Gilbert Town Attorney Date Mesa City Attorney Date Mesa Gateway Airport Authority Attorney Date Queen Creek Town Attorney - 10 - 4930-7001-9615 Exhibit A [Ordinance, Resolution or Minutes Approving Second Amended and Restated IGA] (Attached) Mesa Gateway Airpon RESOLUTION NO.25-21A WHEREAS, the Mesa Gateway Airport Authority CAuthoritn, a joint powers, airport authority formed pursuant to Arizona Revised Statute§28-8521 efol.owns and operates the Mesa Gateway Airport C'Airport`�; and WHEREAS,the City of Phoenix withdrew from the Authority effective June 30,2024; WTIEREAS, the Authority and its 'Members desire to memorialize the removal of the City of Ph o-enix as a Member of the Authority, effective July 1, N24, reflect the Authority name change effective December 17,2024. and update and continue the ongoing commitment of the Members. related to the ownership,development,reuse,operation and maintenance of the Airport; \XIIEREAS, the Authority deems it appropriate to call for its Members to amend and restate the Intergovernmental Agreement, NOW,THEREFORE,BE IT RF.SOIAT-D by the Board of Directors of the Authority as follows: The Board of Directors of the Authority hereby approves the Second Amended and Restated Intergovernmental Agreement attached hcfeto as Exhibit A and incorporated as if fully set forth herein, and the Board of Directors of the Authoritv hcrcbv recommends to its Members that they execute the Second Amended and Restated joint Povmrs Airport Authority Agreement. This resolution also authorizes the Chair of Executive Director/CEO to make such additions,deletions, and changes as may be approved by the Chair or Executive Director/CEO, nccessary to cam out the purpoRes and intent of this Resolution. Passed and adopted by the Authority this 20th day of May,2025. Ljl��)Vhcatley,Chair U ATTEST AP13RONIFD AS TO FORM: ao' Miity�hnsr�&f the Board jllmalt� O�ven,Attorney Exhibit C MESA GATEWAY AIRPORT AUTHORITY BYLAWS Adopted September 28, 1995 Revised June 2007; May 2025 Composition of Board of Directors and Officers. Directors and alternates. The Board of Directors ("Board") shall consist of one representative from each member of the Mesa Gateway Airport Authority ("Authority"). The governing body of each Authority member shall select its representative to the Board, which representative shall act with the authority of the appointing Authority member, as well as at least one alternate representative to act with the authority of the Authority member in the absence of the representative. Notice of such appointments and any subsequent replacement appointments shall be delivered in writing to the other members of the Authority. In the absence of an Authority member's representative or alternate representative at a Board meeting, any member of the Authority member's governing body attending a Board meeting is presumed to act with the authority of the Authority member. Officers. The Board shall annually choose from its Directors, at the Board meeting immediately following the start of each fiscal year, a Chair, a Vice Chair, a Secretary, and a Treasurer, each of whom shall serve at the pleasure of the Board. The Board at any time may appoint such other officers and agents as it shall deem necessary who shall hold their offices at the pleasure of the Board and who shall exercise such powers and perform such duties as shall be determined from time to time by the Board. In particular, the Board shall appoint a Clerk of the Board. Chair. The Chair shall preside at and set the agenda for all meetings of the Board, shall authorize meeting notices to be issued by the Executive Director as required by Section 3.2 herein, present to the Arizona legislature an annual report of the activities of the Authority, and represent the interests of the Board when it is not in session. Vice Chair. The Vice Chair shall perform all duties as may be assigned to him or her by the Board. In the case of the death, disability or absence of the Chair, the Vice Chair shall perform and be vested with all of the duties and powers of the Chair. SecretarV. The Secretary shall review and sign the minutes of meetings of the Board and perform such other duties as may be required by the Board. Treasurer. The Treasurer shall be familiar with the financial affairs of the Authority. The financial records will be in the custody of the Executive Director and all records will be maintained at the corporate office of the Authority. Appointment of Committees and Advisory Councils. The Board may establish such Committees as the Board may from time to time find necessary, which shall consist of less than a quorum of Directors. The Board also may establish Advisory Councils, which may consist of one or more Directors, the Executive Director, Authority staff, or such other persons as the Board may designate, and which shall act in an advisory capacity to the Board. Compensation and Indemnification of Directors. Compensation. The Directors shall not receive any salary or compensation for their services, but may be reimbursed for their actual expenses paid or obligated to be paid in connection with service rendered solely for the benefit of the Authority, if such expenses are submitted to the Board for reimbursement. Indemnification and Advancement of Costs. The Authority may indemnify and agree to save harmless the Directors and the Executive Director any of whom were or are in the future a party or are threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that such person is or was a Director or Executive Director or is or was serving at the request of the Authority, from any damages, costs, expenses, attorney fees, fines,judgments, claims and amounts paid in settlement, actually and reasonably incurred. The Authority may also advance fees and costs associated with any such threatened or pending suit or proceeding. Meetings of the Board of Directors. Monthly meetings. The Board shall meet monthly at the time, date and place established by the Board, provided however that the Board may cancel or reschedule any monthly meeting. All meetings of the Board shall be conducted in accordance with the Open Meeting Law, Arizona Revised Statutes, Section 38-431 et seq. Notice and Agendas. Public notice and an agenda of all meetings of the Board shall be posted by the respective Clerk of each member of the Authority at the official posting location of such jurisdiction in compliance with the Open Meeting Law. A meeting agenda may be amended after posting, so long as the amended agenda is posted at least 24 hours prior to the meeting. Telephonic Attendance and Meetings. A Director may attend a Board meeting via telephonic conference. The Board may conduct a telephonic Board meeting so long as such telephonic meeting is conducted in accordance with the provisions of the Open Meeting Law. Special Meetings. Special meetings of the Board may be called by the Chair or a majority of the total number of Board members on no less than 24 hours' notice to each Director, either personally or by mail or by facsimile or by telephone, so long as such special meeting is conducted in accordance with the provisions of the Open Meeting Law. Emergency Meetings. Nothing herein shall prohibit the holding of an emergency session on less than 24 hours' notice in accordance with the provisions of the Open Meeting Law. Quorum. A majority of the membership of the Board shall constitute a quorum. A quorum shall be necessary to conduct the business of the Board. If a quorum is not present at any meeting of the Board, the Directors present at the meeting may recess the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present. Conduct of Meetings. The conduct of all Board meetings shall be governed by Robert's Rules of Order, unless waived by the Chair. Voting. Each member of the Board is entitled to one vote, and, except as provided in Sections 3.4 and 6, a motion will carry if supported by a majority of the quorum unless a member requests that a weighted vote be taken. If a weighted vote is requested, then the following shall apply: Each member of the Board of Directors is entitled to a weighted vote equal to that member's cumulative investment as a percentage of the total investment made by all current members beginning in 1993 when the initial Intergovernmental Agreement group was formed. A simple majority is required for a motion to carry. Weighted voting may not be invoked for votes being taken regarding modifications to the approved airport layout plan and airport master plan, or for adjustments to the percentage contributions of members. Duties of Board. General Duties. The Board shall be the governing body of the Authority. Specific Duties. The Board's duties include the following: Select the Executive Director; Approve leases and lease cancellations; Approve procurement policy and periodic updates to the procurement policy; Approve contracts and purchases in accordance with the procurement policy; Approve personnel policy and periodic updates to the personnel policy; Approve marketing plan and periodic updates to marketing plan; Approve annual budget for recommendation to the Authority members; Approve airport rules and regulations and airport minimum standards. Duties of the Executive Director. General Duties. The Executive Director shall be the Chief Executive Officer of the Authority and shall serve at the pleasure of the Board. During recess of the Board, the Executive Director shall work closely with the Chair to ensure that the business and affairs of the Authority are conducted within the framework of Board-approved objectives and policies. Specific Duties. The Executive Director's duties shall include the following: Approve contracts and purchases in accordance with the procurement policy; Negotiate leases and recommend approval and cancellation of leases to Board; Hire, terminate, and supervise Authority staff; Prepare and periodically update procurement policy; Prepare and periodically update personnel policy; Prepare and periodically update marketing plan; Contract for and oversee annual audit; Prepare annual budget; Prepare agendas and meeting notices for Board Meetings; and If requested, prepare an annual written report for submittal to the Arizona legislature. Prepare airport rules and regulations and airport minimum standards. Establish policies and procedures for the safe, secure, efficient, and orderly operation of the airport. Prepare any required statutory or informational reports. Amendment of Bylaws. Any of these Bylaws may be altered, amended, or repealed by majority vote of the total number of Board members, rather than a quorum of those present, at any regular or special meeting of the Board. Resolut *ion No . 25m161.* Mesa Gateway Airport amendments to Jo 'lDnt Powers AuthorDt A reement (JPAA) ly 9 Intergovernmental Agreement ( IGA) , and Bylaws May 19, 2025 BACKGROUND Willioams AM was foundedi* n 1941 as an Army Air Force Base. The Base served through the Cold War unt1*1 it 0 is was decommissioned in 1993, 0 In 1994, the Ai orrtt Aluthori.ty was established b- v Mesa Creek The Author A .. Gilbert, and Queen rity owns and operates the ai* ol!t. BACKGROUND In 2007: ix * d the Ai Ci'oty of Phoen * joine ort Authorw'MIJL"Y�. Ai ort was renamed "Phoenix�Mesa Gateway Ai ort,*" Commercial airline semee began, 0 0 In 2013 Apache Juncti'Don joined the Ai ort Authority, On July I St ,202A., the City of Phoenix elected to depart the Ai ort Authority, RESOLUTION No . 5 � 16 th C ty t .After e i111111111111 of Phoenix departed., he Ai of Authority voted to change its name to Mesa Gateway Airport. Mesa Gateway Ai ort is requesting changes to the JPAA, IGX and bylaws to reflect the name change and to remove commitments made by Phoeniax to th Auth rity, e 0 The Resolution also allows the budget to be ins introduced I* n June * tead of Apri stion SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT This Second Amended and Restated Intergovernmental Agreement ("Agreement") is made and entered into pursuant to Arizona Revised Statutes Section 11-951 et.seg.as of the 22pd_day of May, 2006 2025 by and between the VVILLIAMSMESA GATEWAY AIRPORT AUTHORITY,a municipal corporation(the"Authority"),the TOWN OF GILBERT,a municipal corporation,as a member of the Akport-Authority("Gilbert"),the CITY OF MESA,a municipal corporation,as a member of the Authority and individually with respect to Section 5 of this Agreement("Mesa"),the TOWN OF QUEEN CREEK,a municipal corporation, as a member of the Authority ("Queen Creek"), the GILA RIVER INDIAN COMMUNITY as a member of the Authority,(the"Community"),and the CITY OF PHOUMaARACHE JUNCTION,an Arizona municipal corporation, as a member of the Autherity ("Pheenix ("Apache Junction"),recite,consent and agree as provided herein. Recitals. A. Gilbert, Mesa and Queen Creek established the A4pGrt-Authority pursuant to the Joint Powers Airport Authority Agreement dated May 19, 1994, recorded on May 19, 1994, as Instrument No. 94-0400695, official records of Maricopa County, Arizona (the joint Pewers Airpe__ - AgfeePAOFA). The First Amendment to the Joint Powers Airport Authority Agreement was signed on May 19, 1995 to include the Community as a member of the Authority. The Authority, Gilbert, Mesa, Queen Creek,the Community and the City of Phoenix,an Arizona municipal corporation("Phoenix")entered into the Amended and Restated Intengovernmental Agreement,dated May 22,2006,and filed with the Arizona Secretary of State on July 20,2006 to add Phoenix as a Member of the Authority. The Members entered into the Amended and Restated Joint Powers Airport Authority Agreement dated Jul 19. 2013 to add Apache Junction as a Member of the Authority. B. The Authority was established pursuant to Arizona Revised Statutes,Title 28, Chaptef 25, AFt'Gle BSection 28-8521 (previously found in Arizona Revised Statutes, Section 2-351 et. seg.) y-AGfyfor the purposes of acquiring,developing and operating an airport and related facilities located on a portion of the property formerly known as the Williams Air Force Base and subsequently re-named the Phoenix-Mesa Gateway Airport. C. Phoenix withdrew from the Authority effective July 1,2024. Formatted:Indent:Left: 0",First line: 0.5",Numbered +Level:1 +Numbering Style:A,B,C,...+Start at:1 + G,D. The name of Phoenix-Mesa Gateway irport was changed to Mesa Gateway Airport. The Alignment:Left+Aligned at: 0.75"+Indent at: 1 Authority owns and operates WilliarnSMesa Gateway Airport. D. The Gity ef Phe8R'X owns and operates PheeRix Sky HarbeF 1ntP_Fn.atiA_.Pa_.1- Formatted:ListParagraph-1,Indent:First line: 0.5", No AirpeFt. �bullets or numbering E. The name of the Authority was changed from Phoenix-MesaGatewa _A:irort Authorit to-— Formatted:Indent:Left: 0",First line: 0.5",Numbered M 024. +Level:1 +Numbering Style:A,B,Q...+Start at:1 + Alignment:Left+Aligned at: 0.75"+Indent at: 1 hn AirnnrtThe &F. ­­­F�_Authority,Gilbert,Mesa,Queen Creek,Community and RhGeRixApache Junction are committed to meeting the long-term aviation capacity needs of the metropolitan area. G. By entering into this Agreement,the parties to this Agreement desire to continue to exercise common powers with regard to the ownership,development, reuse,operation and maintenance of the Mesa Gateway Airport pursuant to Arizona Revised 9tatute.9,Chapter 25,Article 8. 4930-7001-9615 F ...... The NiFpeict AwtheFity has invited Pheenix te her-,nrne A mernher ef the Phee.nux intends te heperne a rneaR*RgfU' preprieteF, aIGRg with the ether .m.P.m.-h e r s of the AirpeFt Authelcity, whiGh are alse meaningful Preprieters of the Airpert Authority, by partidpat'Rg as a member ef the Airport Auther*. H. Mesa, Galbert, Queen Greek, and the GernmuRity have invested Aver $4 5 million 'R the operation, rnainteRaRGe and development E)f Williams Gateway Airport, Rdud*Rg E)veF$10 FRillieR OR Gapital iRvestrneRt SORGe 1993. i. The Airport Autherity is aRterested in adding a strong finandal partner P-ernmitted- te aviatieR, te help fURd large Gapital iteMS SUGh as passeRger termiRals, park'Rg garages, and roadway sy6tems whar-.h are Pet eligible to be funded by AirpeFt Improvement PFogram (AIP)graRtS or Passenger Fadlity Charges. %Ahllmams Gateway Airpert's 8X'St'Rg FURways and avwat*GR suppert systems are ava"able for'mmed'ate K PheeR*X Sky Harb r Internatienal A*Fpert and Williams Gateway Airport,are ._. . .. el 111-B.11-0-11-1 th I, i Ii _ c)r planned SteRfiGe airpeFt6 in the Metropolitan area Gapable ef hand"Rg large-pass&Rger==���. I Th wlatioR and expanding aviatiOR GGMITIURity Wall require add'tmenal avmA-tmn-.n�-P-.P.fmr--.-�..-;,M.. the futwe that E;E)uld be met if Williams Gateway A'FpE)Ft aGhweves its pete.ntial te ha_ridle passeRger and GaFgG Gustemers. M. Phoenax 's 'nterested 'n Wallaarns Gateway Airport being developed to GE)MplemeRt the passeRgeF and Garge Gapabilities ef PheeROX Sky Harbar Internatie.nal Airpert. NOW,THEREFORE, in consideration of the covenants and agreements contained herein and for other good and valuable considerations,the receipt and adequacy of which are hereby acknowledged by all the parties hereto,the parties hereto agree as follows: Agreemot Section 1. Purpose and Goals. 1.1 The Williams Gateway Airport uthority,Mesa,Gilbert,Queen Creek,the Community and PhE)eR*xApache Junction agree to work together to establish a GySteM Of GE)Mmerdal servo airpert5an airpo to serve the long-term aviation needs of the Va4eyfLegion. 1.2 Ph oenix ...... to invest $5 millien an the Williams Gateway A'rpE)Ft Formatted:Lega151-2-1,None, No bullets or AuthOF'ty Gapital fl-Ind in fisr.al year 2006 2007. This arAeunt is appreximately 50 peFGeRt numbering,Tab stops:Not at 1 of the Gapital e"he ....rn-heIns; of the Williamis Gatemiay Airport Authority S'RGe 1993. Phoenix may make addit'E)Ral Eapital investments if funds are avaulable. -2- 4930-7001-9615 4-.3 It thp AMR Williams the iRitial $5 millien investment by th PhARPox to match Fpderal Av'at'on Administration (FAA) gFaRt fURdS tG the rn-axffi�.-;�' I-Ut-hp-IA-Iilliams Gateway AilcpaFtAutheF" -UnAhlp tA AM Gt FAA graRts; 81 IffiGiRnt W I Se th8 8RtiFe $5 FRO110OR aS IGG611 FRatGh, th& 61 Board may,through the normal budget PFE)GeSS, al'E)Gate the unused portion to IE)Gal nE)R graRt Gapital prejeGtS. 1.4 Representatives of Phoenix will aGGGFnpany other representatives E)f the Airpert Autherity OR MeetiRgs vvith the FAA. in A-.n effert te SeGUre fFc)rR the FAA a itment to fund up te $200 millien an Gapital prGjeGt6 with AIP grant , on ano'erdanc'e GOMM 6 with the Airpert Master Plan, the Airport Layout RaR, and the Airport Capital ImprevemeRtS Pregram. il 5 IR fiSGal year 2006 2007, Phoenix will Gontribute up to $1.3 million as their &hare noi4he ain.nwal eperatiRg *RVestmeRt fer I.A.1illiams Gateway AffirpeFt. This woll evadenGe Phoenix's meaR'RgfU' PartiCipat' i rt Autherity, the preprieter Gf I.A.1011i.arn-s G-ateway Airpert. 1.8 %Nmllmams Gateway Airpept and PheeRiX Sky Harbe'r in'tern'atienal AiFpert will W - ) meet the long teFM GE)rnme!Fdal Sel'ViGe and Gargo needs E)f the metrepelitaRGE)MIT16IRity. Phoenix eff'Pials v Oil werk with the ether members E)f the A'Fper-t AutheFity te eRGGUFage GE)mIrreFGial passenger GeN'Ge and Garge airlines te- I.A.10110-Arn& Gateway Airport, 'R order to use the exiStiRg aviatiGR GapaGity to its full poteRtial. 4-.71.2 It is not the intention of the parties to restrict the marketing or service of Formatted:Outline numbered+Level:2+Numbering Williamsmesa Gateway Airport or Phoenix Sky Harbor IRteMatiORal Airport. It is the intention of Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned the AirpGrt--Authority to market WiliffiamsMesa Gateway Airport as a domestic passeRgeir se at: 0.5"+Tab after: 1 +Indent at: 0" aiFPeFt picimapily reFvmRg airline6 GateFiRg tO point to point rn-A.rkets;Or 16831P.xiRg demeMOG h6l-b airports. it is the iRteRt'OR E)f Ph9eRiX W Market Phoenix Sky Harbor'RtematioRal Airport as an Mternatienal pamenger seRAGe airpert and PF'MaFy Pa668RgeF hub-and international comme�ci�aln�rn tmrairport. I R It 6;the of the AirpeFt Autherity to market%A.1m11m;;rn.';G teway Airport. Formatted:Legal5L2 1,None, No bullets or -a A-16 R-A Garge airport sellViRg ArOZE)Ra and neighboring states and as a numbering,Tab stops:Not at 1 dWneSUG Gairge airpert sellViRg the Fast Valley. it is the 'Rte'n'tien' ef 'P'hAeRiX tE) maFket Pheenox Sky H-arber Internat.enal A'rpE)Ft a6 the leGation for overnight package air cargG and passeRger belly freight to domest'G and 'RteMatieRal markets. il.'q The AlrpE)i4 Awtherity and PhE)eRiX Will jG'Rtly develop an aviation marketing P1 - . . ;ote VV'11'ams Gateway Airport and Phoenix Sky Harbor International Airpert te demestir.-a.nd intern.atie-RA-1 airlines. 1.10 PheeRiX Sky Harbor IRteMatiMal Airport will GORtiRue to make available to kNilli.a.m.s;12—ateway Airpept teGhn'r,;;I assistance areas,;-inh a6 finanGe,the environment, marketing,fadlities management, and operations. -3- 4930-7001-9615 P npnmx And the AiFpert Autherity will werk tegether iR areas Af r-.AmrnAn h nterest regarding state and federal legislation, induding funding of aviation fadlities and seFV Ges. Section 2. Development of Authority's Budget. 2ml PhA-P-,nwx i.A.411 Gernmit te a$1.3 Mil"GR annual epeFatiRg FisGal Years2007 2011. EaGh-Pa#yEach Member shall contribute funds for the eperatmORAuthority annual (operating and capital budgetsIbudcLet as approved by the Authority's Board of Directors pursuant to Sections 8 and 9 of the 2025 Second Amended and Rp�4APil Restated Joint Powers Airport Authority Agreement. Sprfinn R !?2M2!2j2!]2ent of Base PropertV Formatted:Lega150-1,None, No bullets or numbering,Don't keep with ne)ct,Don't keep lines 2 M IM The Part'es aGkRewledge that the GoveFROF'S(DffoE;e fer the State of AFmZE)Ra together hAs fArrn,dAtRd An PpAnArnmp And Fe6lSe PlaR f9F the develepmeRt al Id uses nef Am"ef the pmperty Formatted:Legal5L2-1,None, No bull 4then the Base PropeFty. The Governor' M M M Jse plan, as may be amended numbering,Tab stops:Not at 1 frA-,rn firnp-tn-time, shall be referred te hereffinafte-Mr the"Ge-ve-Mer's; Pl_an," it is the MRteRt of the A.-Uthe-Fity and the GemmuRity, iR GGRj6lRGtmOR i.qmth the William,; edur-.AtieR GORSOrtium and otheF GWRers E)f property at�Mlli It development standards, deS*gR guide"ReS, FeStFiGtiGRS, GGVeRaRtS fe F all eF part ef the Base PrepeFty GORS'steRt with the Governers; P';-;R. The Parties illtelld to Regetiate OR geed faith te pFepare and ;-Ornit to Mesa a SpedfiG plan fer the Airpert FaGility and GE)MMURity Property PUrGI_IRAt tA.A,r'-;zAAa RA­'sAd Stab K Q_A91 OR in erder to further delineate the 'tted land uses and infra ents,fer nevi de elepM8Rt. PeFm - S_1 10 11 111 StFUGt6lFe Feq6imFp-.rn-..-- V Section 4. PFooertv Owna!F's Assedatm Formatted:Lega15L1_1,None, No bullets or numbering,Don't keep with next,Don't keep lines 4MI It ms the illteRt ef the Autherity ant-I thp Gemrn'Mity, iR GeRjWRGtiGR with the- together P-ansartmurn -;4nd-ethe.r ei.yners of property at Williams, to participate in Formatted:Legal5L2-1,None, No b a preperty ew 's aSSE)G'at'GR for the private regulatiOR of develepment with respeGt the numbering,Tab stops:Not at 1 Base Pl:eperty. The Parties agree to parkipate in SUGh an asser.matie—n with respeGt te each Party's pertion E)f the Base Property. !;Prt*nn 5 Golf Course and WaRtPiAratpr Treatmpnt PI ntm Formatted:LegaI50-1,None, No bullets or numbering,Don't keep with next,Don't keep lines 5.Il Mpsa, the Authority and its members agree to support the finding of the together Rep­erd of Dep-JR-ien that the G-A-If Geurse will be offered first te the GeMMURity fer Formatted:Legal5L2-1,None, No bullets or neget'ated 6ale a.nd the Community agree6 to suppeFt Mesa's request fqF GGRVeyaRGe 0 numbering,Tab stops:Not at 1 the existing wastewater treatment plaRt IE)Gated E)n the Base Property (the "Wastewate Treatme.nt PI-ARV). The GemM61R'ty agFees te epeFate and ma-inta-in the Gelf Geurse as a pubk gelf GGLIFSe, in substantially the same FnaFlReF, GG_Ad_.itiA_FI and- A_eRfiguFatien as GUrreRtly operated and used. SpeGAGally,the COMMURity agrees to aGGept effluellt fFE)M thiz P--rrpnt WAc;tPmfAtPr Trpatrnpnt Plant ,nfil thp WA,;tPiAfatPr TrpRtrnpnt Pl;;nt 4; deGOMrnissiened by Mesa. Mesa agrees to epwate and maintain the Wastewater TreatmeRt PIR-.nt in subst-ARtially the same maRReF, GGRditffieR, and GeRfigYratiell a& G61FFeRtly oper-ated. The Community and Me6a agree to negetiate in good faith te -4- 4930m7001m9615 establ*,Sh an equitable Fate FegaFdmRg the sale ef the effhuent fre—M. th.p 1.va.,6tewateir treatrn8FIt plaRt fe-F-Use-on m.aiRtaiRiRg and operating the Golf Course. SeGtaon 6.Section 3. Archaeolonical Issues. Formatted:Outline numbered+Level:1 +Numbering 643.1 It is Authority's intent to negotiate in good faith a separate agreement with the Community- Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0"+Tab after: 0.5"+Indent at: 0" regarding archaeological issues that complies with federal and state law, including, but not limited to, Section 1 OE of the National Historic Preservation Act and the Programmatic Agreement Among The United Formatted:Outline numbered+Level:2+Numbering States Air Force, the Arizona State Historic Preservation Officer and the Advisory Council on Historic Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned Preservation Concerning Disposal of Williams Air Force Base,Mesa,Arizona,February 1995. at: 0.5"+Tab after: 1 +Indent at: 0" To the extent allowed by federal and state law,the Authority acknowledges that the Community has rights to and ownership of all Native American data and artifacts recovered on property owned or controlled by the Authority. "A partial listing of Native American data and artifacts which might be recovered on property at Williams AFB includes, but is not limited to: whole or fragmentary tools, implements, containers, weapons, weapon projectiles, clothing, ornaments, containers, pottery, and other ceramics, basketry, cordage, weavings, coins, bullets, bottles, and other glassware, flaked stone, ground stone, pecked stone,worked bone,metal wood hide,feathers,and pigments." Further,to the extent allowed by federal and state law and Authority procurement requirements,and to the extent it meets the requirements of the Programmatic Agreement,the Authority that the Community may provide all Data Recovery Plans, data recovery,and mitigation required in association with the development on the Airport Facility. Sprfinn 7. Formatted:Legal5l-11-11,None, No bullets or numbering,Don't keep with next,Don't keep lines 7.1 The PaFtie6 agree that they Will GGFFPlY With feder-al -And- state '-AvPs-A.5; sunh- together la e establishment of garribling fadlities,aGtiVities,eveRtS,er se.P.,iGes,and Formatted:Legal5L2-1,None, No bullet� that they Will ROt epelrate or permit te be eperated aRY S6lG4-W fad lity, numbering,Tab stops:Not at 1 aGtovotmes, events, or seFVOGes - - . -- - ,tion with any or all of the Base Property. Section 8.Section 4. Governina Law:Jurisdiction. Formatted:Outline numbered+Level:1 +Numbering Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned 944.1 This Agreement shall be construed and interpreted in accordance with the laws of the State- at: 0"+Tab after: 0.5"+Indent at: 0" of Arizona. The court with the original jurisdiction for causes of action arising under this Agreement is the United States District Court for the State of Arizona. The Community agrees to,and does hereby,waive Formatted:Outline numbered+Level:2+Numbering its sovereign immunity from the jurisdiction of the United States District Court for the State of Arizona in any Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned action arising under this Agreement brought by or against the Community. The Community further agrees at: 0.5"+Tab after: 1 +Indent at: 0" to accept and be bound by,thereby waiving its sovereign immunity from,a judgment or order which is final (because either the time for appeal thereof has expired or the judgment or order is issued by a court or other entity having final appellate jurisdiction over the matter is not subject to collateral attack)by any such court or any court or entity having appellate jurisdiction over any such court in any such action. The Community waives its sovereign immunity to the enforcement of any such final judgment against it without limitation. The Community hereby designates the Community's Governor as the appropriate party for the purposes of service of process. If the United States District Court for the State of Arizona finds that it does not have jurisdiction in any action arising under this Agreement brought by or against the Community,then the Parties agree that the action shall be adjudicated through arbitration in the State of Arizona as follows: i.) the parties shall attempt to agree upon one M arbitrator with expertise on the subject matter of the dispute; ii.) if the parties are unable to agree on an arbitrator, each party shall select an arbitrator within ten (10) days of the commencement of the arbitration and the two (2)arbitrators shall mutually appoint a third arbitrator within twenty(20)days of their appointment. If the two(2)arbitrators are unable to agree on the appointment of a third arbitrator within twenty(20)days,the third arbitrator shall be appointed by the American Arbitration Association;and -5- 4930-7001-9615 iii.) the arbitrator(s) shall confer with the parties immediately after appointment to determine an arbitration schedule including whether and to what extent discovery is required. The arbitrator(s)may set the matter for an evidentiary hearing or oral argument,or may dispose of the dispute based upon written submissions only. The decision of the majority of the arbitrator(s)shall be final,binding, and unappealable. Such decision shall be enforceable in United States District Court for the State of Arizona. The cost of arbitration shall be borne equally by the parties. The parties shall bear their own costs and attorney's fees associated with their participation in the arbitration unless the decision of the arbitrator shall specify otherwise. Sen-tien Q.-Section 5. Incorporation of Recitals. Formatted:Outline numbered+Level:1 +Numbering 945.1 All of the recitals set forth above are hereby incorporated into this Agreement by this. Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0"+Tab after: 0.5"+Indent at: 0" reference and made a part hereof. Formatted:Outline numbered+Level:2+Numbering SeGtiGR 10.Section 6. Attorneys'Fees. Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0.5"+Tab after: 1 +Indent at: 0" 44046.1 If any action is brought to enforce this Agreement or to recover damages or equitable relief- Formatted:Outline numbered+Level:1 +Numbering for a breach of this Agreement,the prevailing party shall be entitled to recover costs and attorneys'fees Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned incurred in such action. at: 0"+Tab after: 0.5"+Indent at: 0" Entire Agreement. Formatted:Outline numbered+Level:2+Numbering Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned 44-47.1 There are no oral agreements between the Authority and the Community with respect to- at: 0.5"+Tab after: 1 +Indent at: 0" those matters and transactions that are the subject of this Agreement,and this Agreement supersedes and Formatted:Outline numbered+Level:1 +Numbering cancels any and all previous negotiations,arrangements,agreements and understands,written or oral,if Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned any,between the Authority and the Community with respect to those matters and transactions that are the at: 0"+Tab after: 0.5"+Indent at: 0" subject of this Agreement. Formatted:Outline numbered+Level:2+Numbering SeGtman 12.Section 8. Severability. Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned 42-48.1 If any provision of this Agreement shall be determined to be void by a court of competent- at: 0.5"+Tab after: 1"+Indent at: 0" Formatted:Outline numbered+Level:1 +Numbering jurisdiction,then such determine shall not affect any other provision of this Agreement and all such other Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned provisions shall remain in force and effect. at: 0"+Tab after: 0.5"+Indent at: 0" SeGtiGR 13.Section 9. Termination of Airport Authority. Formatted:Outline numbered+Level:2+Numbering Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned 4,349.1 This Second Amended and Restated Intergovernmental Agreement shall remain in fuII4 at: 0.5"+Tab after: 1"+Indent at: 0" force and effect unless modified or terminated by written agreement of a majority of the members of the Formatted:Outline numbered+Level:1 +Numbering Aki3GFt-Authority. This Agreement shall also be deemed terminated should all parties hereto have Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned exercised their right to withdraw from the Airport uthority in accordance with Section 10 of the Second at: 0"+Tab after: 0.5"+Indent at: 0" Amended and Restated Joint Powers AigaGrt-Authority Agreement. Formatted:Outline numbered+Level:2+Numbering 43-.29.2 Notwithstanding the right to withdraw set forth in Section 10 of the Second Amended and Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0.5"+Tab after: 1 +Indent at: 0" Restated Joint Powers Airport Authority Agreement,each party hereto agrees to remain a member of the Airport Authority and to be bound by this Intergovernmental Agreement for at least one year after the Effective Date. 43-.39.3 Unless otherwise agreed to by a majority of the members of the AirpGri-Authority,upon termination of this Agreement: 13.3.19.3.1 If one (1) member agrees to assume ownership of the Airport Facilitie and- Formatted:Outline numbered+Level:3+Numbering agrees to assume the financial obligations of all members,then the Affirport uthority shall transfer tsiltle of Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned the Airport Facilities to such member. at: 1 +Tab after: 1.7"+Indent at: 0" -6- 4930-7001-9615 13.3.29.3.2if no member agrees to assume ownership of the Airport Facilities and the financial obligations of all members, and if the State of Arizona agrees to assume such ownership and financial obligations,then the Airport Facilities shall be transferred to the State of Arizona. 13.3.39.3.3if the State of Arizona refuses to assume ownership of the Airport Facilities, then the Airport Facilities shall revert to the United States of America. R_Pntonn 14-Section 10.Term. Formatted:Outline numbered+Level:1 +Numbering Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned 44.410.1 This Second Amended and Restated Intergovernmental Agreement shall remain- at: 0"+Tab after: 0.5"+Indent at: 0" in full force and effect until a date that is ninety-nine(99)years after the Effective Date unless modified or terminated by written agreement of all parties hereto. Formatted:Outline numbered+Level:2+Numbering Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned S-Pnionn 15-.Section 11.Notices. at: 0.5"+Tab after: 1 +Indent at: 0" Formatted:Outline numbered+Level:1 +Numbering 4&411.1 All notices or demands upon any party to this Agreement shall be in writing and- Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned shall be delivered in person or sent by mail as follows: at: 0"+Tab after: 0.5"+Indent at: 0" Town of Gilbert Formatted:OutIll ne numbered+Level:2+Numbering 50 East Civic Center Drive Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned Gilbert,Arizona 85296 at: 0.5"+Tab after: 1 +Indent at: 0" Attention:Town Manager City of Mesa 55 Nerth GeRt&F 0 E.Main Street Rnx 1466 Mesa,Arizona 85211 146685201 Attention:City Manager Town of Queen Creek 22350 South Ellsworth Road Queen Creek,Arizona 85242-0650 Attention:Town Administrator Gila River Indian Community Administrative Offices P.O.Box 97 Sacaton,Arizona 85247 Attention:Lieutenant Governor City of PheeRkApache Junction 300 East Superstition Boulevard 3400 E. Sky Harbor Blvd. S_.-.0 t e 2-2-0-0 Phoa4:�w&2achejunction,Arizona 85034 440585119 Aftention:AAdAflon D4rPr-.tG�rcqy mana r .. .....qe_ Section 116.Section 12.Cancellation. Formatted:Outline numbered+Level:1 +Numbering 445,412.1 This Agreement may be canceled pursuant to Arizona Revised Statutes, Section- Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0"+Tab after: 0.5"+Indent at: 0" 38-511. Formatted:Outline numbered+Level:2+Numbering Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0.5"+Tab after: 1 +Indent at: 0" -7- 4930-7001-9615 Section 17-.Section 13.Approvina Action. Formatted:Outline numbered+Level:1 +Numbering 4-7413.1 Copies of appropriate action by ordinance,resolution or otherwise authorizing the: Style:1,2,3, +Start at:1 +Alignment:Left+Aligned at: 0"+Tab after: 0.5"+Indent at: 0" respective parties to enter into this Agreement are attached hereto as Exhibit A. Formatted:Outline numbered+Level:2+Numbering sentonn I R. Fpdpral-A.Viation Admon.stratmon. Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned at: 0.5"+Tab after: 1 +Indent at: 0" 181 The parties FeGegni-ze th-at r--.A-.ntrib6It'GRS by Phep-n'x v.fill be e-Nained frern Formatted:Legal5L1-1,None, No bullets or AviatieR DepartmeRt. These rAntrah--tien .. —---.6 are s6ibjeGt tG review by the Federal Aviation numbering,Don't keep with next,Don't keep lines Admen'stration. Nothing heFeiR requires Phoenix to E;E)ntribute funding Gontrary W the together _ FPdPrAl Av'atwnn AdrAmnil [Formatted:Legal5L2 PGI*Gmes and PFE)Gedul:es. or- t.' -1,None, No bullets or n,mbenng,Tab stops:Not at 1 spntonn 19. Bond Ordonances, Formatted:Lega151-11-1,None, No bullets or numbering,Don't keep with next,Don't keep lines ........ ... ....- AgFeemeRt, Pheenix is net- NA-tw0thStandiRg aRY ef the prE)v*s'nng; in this together ebl'gatien 'R GG-RAL-9GAG-A v.fith. this Agreement that will have priGrity GVer Or Formatted:Lega151-2-1,None, No bullets or parity with aRy bE)Rd issued by PhE)eRiX. numbering,Tab stops:Not at 1" I Section 20.Section 14.Audit Records. Formatted:Outline numbered+Level:1 +Numbering Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned 20-414.1 The parties, the Federal Aviation Administration, the Comptroller of the United- at: 0"+Tab after: 0.5"+Indent at: 0" States,or any duly authorized representative reserves the right,at reasonable times,to audit and/or copy the XF�Authority's books and records directly pertinent to this Agreement. Nothing herein requires the Formatted:Outline numbered+Level:2+Numbering AiFpert uthority to create or maintain any records that the A*pGr-t-Authority does not maintain in the Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned ordinary course of business or pursuant to a provision of law. at: 0.5"+Tab after: 1 +Indent at: 0" -8- 4930-7001-9615 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date set forth above. Attest: TOWN OF GILBERT By: By: Its Mayor Attest: CITY OF MESA By: By: Its Mayor Attest: TOWN OF QUEEN CREEK By: By: Its Mayor Attest: VVILLIA MESA GATEWAY AIRPORT AUTHORITY—,,a-M atieR By: By: ItS Ch;;Orrn;;nits Chairperson Attest: GILA RIVER INDIAN COMMUNITY By: By: Its Governor Attest: CITY OF P4QE-N4XAPACHE JUNCTION By: City Clerk By: its City Managef its ma�Lor -9- 4930-7001-9615 DETERMINATION OF LEGAL COUNSEL The foregoing�jecond Amended and Restated Intergovernmental Agreement has been reviewed by the undersigned attorneys who have determined that it is in proper form and within the power and authority granted under the applicable laws of each party. Date Gila River Indian Community Attorney Date Gilbert Town Attorney Date Mesa City Attorney Date Pheelli)(Gity Queen Creek Town-Attorney Date Tevin—Atteff�eyMesa Gateway Airport Authority Attorney Date 1.4.1 rns; notolunif kt:� Attem IyApache Junction City Attorney -10- 4930-7001-9615 Summary report: Litera Compare for Word 11.10.1.2 Document comparison done on 4/3/2025 4:05:41 PM Style name:Default Intelligent Table Comparison:Active Original DMS:nd://4930-7001-9615/l/A4GAA-Second Amended and Restated IGA(2025).docx Modified DMS:nd:H4930-7001-9615/5/MGAA-Second Amended and Restated IGA(2025).docx Changes: Add 95 DeL-te- 151 Move Rem 8 Move To 8 Table Insert 0 Table Delete 0 Table moves to 0 Table moves--from 0 Embedded Graphics(Visio,ChemDraw,Images etc.) 0 Embedded Excel 0 Fonnat changes 0 Total Changes: 262 SECOND AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT DO NOT REMOVE This is part of the official document 4921-1371-8303 P140ENIX A4 MESA GATEWAY AIRPORT AUTHORITY SECOND AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT This Second Amended and Restated Joint Powers Airport Authority Agreement(the"Agreement") establishing and continuing the Phoenix Nies Mesa Gateway Airport Authority(the"Airport Authority"),is made and entered into as of_day of_, 24142025, pursuant to Arizona Revised Statutes ("A.R.S.")Section 28-8521, et seq., by and among the Town of Gilbert,an Arizona municipal corporation ("Gilbert"), the City of Mesa, an Arizona municipal corporation ("Mesa"), the Town of Queen Creek, an Arizona municipal corporation("Queen Creek"),the Gila River Indian Community,a federally recognized Indian tribe("Community"),the City of Phoenix,an Arizona munieipal eorper-ation(Theefii�J!�,-and the City of Apache Junction,an Arizona municipal corporation("Apache Junction")(collectively"Members" or"parties"and individually"Member"or"party"). The parties to this Agreement agree as follows: Section I Recitals. 1.1 The United States closed Williams Air Force Base("Williams")as an operating location of the United States Air Force("USAF"). 1.2 Williams had existing aviation facilities that are suited to be operated and developed as an airport facility pursuant to the joint powers airport authority powers found in Arizona Revised Statutes ("A.R.S.I+Section 28-852 1,et seq. 1.3 The original joint powers airport authority agreement was made and entered into as of 19th day of May, 1994, by and among Gilbert, Mesa, and Queen Creek and recorded on May 19, 1994, as Instrument No.94-0400695,official records of Maricopa County,Arizona. 1.4 Through the original joint powers airport authority agreement,it was the desire of Gilbert, Mesa,and Queen Creek that the joint powers airport authority agreement take the place of and cancel the Intergovernmental Agreement(Williams Air Force Base-Management and Operation)that was recorded on December 14, 1992 at Recorder's No. 92-0712408 in the records of Maricopa County, Arizona, the substance of which was incorporated in the original joint powers airport authority agreement. 1.5 By entering into the original joint powers airport authority agreement, the parties to that agreement desired to establish a joint powers airport authority to develop,reuse,operate,and maintain the existing Williams aviation facilities. Upon establishment of the joint powers airport authority, the new facilities were known as the Williams Gateway Airport Authority. 1.5.1 Via 1995 and 2006 Amendments to the original joint powers airport authority agreement,the Community and Phoenix were added as Members of the Airport Authority,respectively. 1.5.2 Via 2009 Amendment,the legal name of the entity was changed to the Phoenix- Mesa Gateway Airport Authority. 1.5.3 Apache Junction also became a Member of the Airport Authority effective July 1,2013. 1.5.4 Phoenix withdrew from the AirpQrt AuthQrity effective June 30,2024. Formatted:Outline numbered+Level:3+Numbering 1.5.5 The le Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned -gal name of the AirpQrt AuthQrity was changed to Mesa at: 1"+Tab after: 1.7+Indent at: 0",Tab stops: 0.5", A 2024. List tab 4921-1371-8303 Section 2 Formation of Airport Authority. 2.1 Upon approval and execution of this Agreement by all the parties, a joint powers airport authority called the Phoeni�E N4es Mesa Gateway Airport Authority is formed with all parties as Members pursuant to A.R.S.Section 28-8521,with all powers granted to it under Arizona law. Section 3 Board of Directors and Officers. 3.1 Upon execution of this Agreement,each Member shall appoint one representative to act with the authority of the appointing Member for the purpose of implementing this Agreement. EachMember shall also designate at least one alternate representative to act with the authority of the appointing Member in the absence of the representative. The appointed representative and all alternates shall be duly elected or appointed members of the governing body of the appointing Member. Notice of such appointment and of any subsequent replacement appointment shall be delivered in writing to the other Members ofthe Airport Authority. 3.2 The appointing authority as to each Member shall be each Member's respective governing body. 3.3 Each representative so appointed shall be a Director on the Board of Directors ofthe Airport Authority. The Board of Directors shall consist of only the representatives appointed by the Members of the Airport Authority. In the absence of the representative or alternate representatives,any representative of the Member governing body attending Board meetings or otherwise implementing this Agreement is presumed to act with the authority of the Member governing body. 3.4 The Board of Directors may establish a fixed time,date and place for regularly scheduled meetings. Special meetings of the Board may be called by the Chairman on no less than 24-hours'notice to the public,and each Director,either personally-or,by mail-of,by email,by text message, by facsimile, or by telephone. Notice of meetings of the Board shall be provided and meetings shall be conducted in accordance with the Arizona open meeting law,A.R.S.Section 38-431,et seq. Nothing herein shall prohibit the holding of an emergency session on less than 24-hours'notice in accordance with the provisions of the Arizona open meeting law. A Board Member may attend a Board meeting via electronic means,including telephonic conference. The Board may conduct a telephonic Board meeting so long as such telephonic meeting is conducted in accordance with the provisions of the Arizona open meeting law. 3.5 A majority of the membership of the Board of Directors shall constitute a quorum. A quorum shall be necessary to conduct the business of the Board. If a quorum is lost at any meeting of the Board of Directors, the remaining Directors present at the meeting may recess the meeting from time to time, without notice other than an announcement at the meeting,until a quorum shall be present. 3.6 The Board of Directors shall annually choose from its Directors a Chairman, a Vice Chairman and a Secretary,each of whom shall serve at the pleasure of the Board of Directors. The Board of Directors at any time may appoint such other officers and agents as it shall deem necessary who shall hold their offices at the pleasure of the Board of Directors and who shall exercise such powers and perform such duties as shall be determined from time to time by the Board. 3.7 The Chairman, or in the Chairman's absence, the Vice Chairman, shall preside at all meetings of the Board of Directors. In the absence of the Chairman and Vice Chairman,the Secretary shall preside at the meeting of the Board of Directors. 3.8 The Secretary shall see that the minutes of all meetings of the Board of Directors are kept. -2- 4921-1371-8303 Section 4 Airport Authority Staff. 4.1 The Board of Directors shall employ an Executive Director and approve an annual budget for such other managers and staff as the Executive Director shall deem necessary to manage and conduct the operations,maintenance and development of the airport facilities in accordance with the provisions of this Agreement and policies and procedures approved by the Board of Directors. The Executive Director shall report directly to the Board of Directors and shall supervise the Airport Authority Staff. Section 5 Ownership of Airport Facilities. 5.1 Upon conveyance by the USAF to the Airport Authority,title to all or a portion of the certain aviation facilities,both real and personal property,formerly owned and operated by the USAF at Williams situated in the County of Maricopa, State of Arizona ("Airport Facilities"), shall be held by the Airport Authority. 5.2 The Airport Authority may acquire or convey real and personal property from time to time. 5.3 Development,reuse,operation,and maintenance of the Airport Facilities shall be overseen by the Board of Directors and shall be conducted in accordance with the provisions of this Agreement and policies and procedures developed hereunder. 5.4 Each Member agrees that should said Member withdraw from the Airport Authority pursuant to Section 10,effective upon such withdrawal,any ownership rights of said Member in the Airport Facilities shall also terminate. A Member shall not be deemed to have withdrawn from the Airport Authority simply by virtue of the termination of this Agreement pursuant to Section 13. Each Member hereto also agrees to execute upon withdrawal any and all documents necessary to evidence and effectuate such withdrawal. Section 6 Recharacterization of Members'Loans to Airport Authority. 6.i The Aifpert Atitherity has entered into a loan agreefnent("Loan")and one or more Formatted:LegaI51-2-1,None, No bulie� pr-omissoi= ---,Re-.h Member. A list of all Member',,;I onns and Note.,;is RRae-11 numbering,Tab stops:Not at 1 y notes("��jotes")wifh P as-EX-h-i-b-it-A. Tflfie T—R-A-4-R-q- a4fid-N—R-th-R.-S t-:-hle-414-P--m--4-;L--,r--q-' (pFineipal phis interest)in the Aifpao A:#*1----;4:y. 6-.26.1 T-he 44em-h-L0f,-; ffild th@ AifpaFt Aathofk�- desire to- -all of flite- Formatted:Outline numbered+Level:2+Numbering N4embers' loans to the Airport Atithority as follows. Effective July 1, 2014, the Members Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned deem eemed all of the Members'respective LE[gLioans as appropriations(or contributions)to the Airport at: 0.5"+Tab after: 1 +Indent at: 0" Authority in accordance with A.R.S.§28-8521(B)(4). The precise amount of each N40FAber-' SMember's cumulative contributions (since becoming a Member of the Airport Authority) is set forth in Exhibit B, Effective july 1,2014,the Membens also deem-the Lo-ans-and Notes listed-in Vhxhibit-A-eapeeHed. 6-.36.2 Members shall continue to make annual appropriations to the Airport Authority as required in this Agreement,particularly Section 9. ra-.46.3 Notwithstanding anything to the contrary in this Section 6,each Member shall exercise its voting rights(related to the administration and management of the Airport Authority)in accordance with Section 8. 6-.56.4 Each Member agrees that should said Member withdraw from the Airport Authority pursuant to Section 10,effective upon such withdrawal,all rights and interests of said Member in the Airport Authority shall also terminate. Each Member also agrees to execute upon withdrawal any and all documents necessary to evidence and effectuate such withdrawal. -3- 4921-1371-8303 Section 7 Powers of the Nfoeffix—Ale"Mesa Gateway Airport Authority. The Phoenix N4esaMesa Gateway Airport Authority,acting through the Board of Directors,may: 7.1 Own,operate,and maintain property and facilities related to aviation,air navigation,and aerospace. 7.2 Own and lease property and facilities that are not related to aviation,air navigation, and aerospace. 7.3 Prescribe user fees and charges. 7.4 Operate facilities and construct improvements. 7.5 If authorized by the Members, exercise the right of eminent domain in the names of the Members. 7.6 Engage employees and consultants. 7.7 Enter into contracts,leases,and development agreements. 7.8 Enter into agreements with the State of Arizona,any political subdivision of the State, or the federal government. 7.9 Prepare and receive annual operating budgets. 7.10 Borrow money and issue revenue bonds,and issue other financial obligations incurred for the purposes of this Section and authorized under A.R.S.Section 28-8521,et seq. 7.11 Sue and be sued. 7.12 Exercise incidental powers as may be necessary to the exercise of the powers prescribed in this Section and under A.R.S. Sections 28-8527 and 28-8529, and to implement the responsibilities, goals,and purpose of the Airport Authority. Section 8 Votinq Rights. 8.1 Each member of the Board of Directors is entitled to one vote,and a motion will carry if supported by a majority of the quorum unless a Member requests that a weighted vote be taken. If a weighted vote is requested,then the following terms and conditions apply. 8.1.1 Subject to Section 8.1.2,each member of the Board of Directors is entitled to cast a weighted vote equal to that Member's cumulative appropriations to the Airport Authority as a percentage of the total appropriations made by all current Members to the Airport Authority since 1993 when the initial Intergovernmental Agreement Group was formed. For purposes of this Section 8.1.1,and in accordance with Section IV(4)(d) of the Memorandum of Understanding (MOU) (effective March 21, 2011) among the Airport Authority, City of Mesa, and Able Engineering and Components, Inc., Mesa's cumulative contributions to the Airport Authority include the City Rent(as defined in the MOU)paid by Mesa to the Airport Authority to service the debt on the Airport Authority's Series 2012 Bond Issue in the amount of$19,220,000(to finance the FAA-certified maintenance,repair,and overhaul facility subleased to others). 8.1.2 The percentage calculated under Section 8.1.1 is then adjusted so that no Member's vote will exceed 50%of the total weighted votes. If any Member's percentage as calculated exceeds 50%,then the excess percentage(over 50%)is allocated proportionally to the remaining Members -4- 4921-1371-8303 so that the weighted vote of all Members combined equals 100%(or 100 votes). Under this formula,the weighted votes for all Members as of July 1,2494-42024 are: Member Votes City of Mesa -5050.00 City of Phoenix 24 Gila River Indian Community 4-322.23 Town of Gilbert 4-218.90 Town of Queen Creek -35.61 Apache Junction 4-3.26 8.1.3 All matters on which a weighted vote is taken must be decided by a simple majority of all Members'weighted votes,not just the weighted votes represented at the meeting. 8.2 Beginning in Fise-al V-P--,ar 20-1-5 16-,4heLhe number of weighted votes of each Member will be adjusted annually before the start of each Fiscal Year based on the Airport Authority's adopted operating budget for the Fiscal Year. 8.3 If a Member withdraws from the Airport Authority, the weighted votes of remaining Members must be recalculated at the beginning of the next fiscal year. In recalculating the weighted votes, all appropriations of the withdrawing Member will be disregarded. 8.4 No Member may invoke weighted voting for matters related to modifications to the approved airport layout plan and airport master plan,or for adjustments to the percentage contributions or the amounts of each Member contribution to the annual budget. Section 9 Operatina Budaet. 9.1 The fiscal year of the Airport Authority shall run from July 1 to June 30. 9.2 The Board of Directors shall, by ATT4Lune 1 of each fiscal year, recommend to the Members of the Airport Authority an annual operating budget for the Airport Authority for the next fiscal year and shall state the amounts of each Member contribution or proportion of the Airport Authority's annual operating budget to be provided by each Member. At least thirty(30)days before the annual budget is recommended to the Members of the Airport Authority by the Board of Directors,the Board may consider adjustments to the amounts of each Member contribution or percentage contributions of each Member. Adjustments to the amounts of each Member contribution or percentage contributions of any Member must be approved by a unanimous vote. 9.3 By June 15 of each year,the Board of Directors shall,if necessary due to the addition or withdrawal of Members,have decided by a unanimous vote on the amounts of each Member contribution or a reallocation of the percentage contributions among the Members or have assigned each Member its pro rata increase or decrease in contribution. 9.4 The governing bodies of the Airport Authority's Members, including any new Members admitted pursuant to Section 11 shall approve and adopt the operating budget recommended by the Board, as may be revised pursuant to Section 9.3,by June 30 of each year or withdraw from the Airport Authority pursuant to Section 10. 9.5 The Board of Directors may from time to time recommend to the Members of the Airport Authority amendments to the approved and adopted operating budget. The governing bodies of the Members shall approve amendments to the operating budget or withdraw from the Airport Authority pursuant to Section 10. -5- 4921-1371-8303 9.6 The Airport Authority shall adopt and periodically amend a reuse and development plan and a capital improvements plan. Expenditures for or by the Airport Authority shall be consistent with these plans. In addition,expenditures by the Airport Authority shall be limited to those items that directly relate to or benefit the operation and development of the Airport Facilities and the Airport Authority. Section 10 Withdrawal From Airport Authority. 10.1 No Member shall have the right to withdraw from the Airport Authority during the term of this Agreement except as provided in this Section. 10.2 At least one hundred twenty(120)days prior to the withdrawal deadline, a Member that intends to withdraw from the Airport Authority must provide a written notice of intent to withdraw to the Members of the Airport Authority, but if a Member provides a notice of intent to withdraw between one hundred twenty(120)and one hundred fifty(150)days prior to the withdrawal deadline,then other Members may submit notices of intent to withdraw up to sixty (60) days prior to the withdrawal deadline. The withdrawal deadline shall be February 28 of each fiscal year. 10.3 The withdrawing Member shall pay its pro rate annual budget contribution for the current fiscal year and its pro rate share of any outstanding obligations to which the withdrawing Member has obligated itself. Any obligations of the withdrawing Member to the Airport Authority shall remain outstanding until fully paid and satisfied. Section 11 Admission To Airport Authority. 11.1 A city,town,county or American Indian Community may be admitted to the Airport Authority upon:(1)written request to the existing Members of the Airport Authority prior to February 1 of each fiscal year;(2)the unanimous approval of the existing Members of the Airport Authority no later than June 30 of each fiscal year but after recommendation of the annual budget to the Members of the Airport Authority; and(3)execution,acknowledgement,and deliverance to the Airport Authority of such instruments as the Members may deem necessary or advisable to effect the admission of such city, town, or county as an additional Member, including (without limitation)the written acceptance and adoption by such city,town, county or American Indian Community of the provisions of this Agreement. 11.2 The fiscal obligations of a new Member are not effective until the beginning of the new fiscal year. 11.3 The parties acknowledge that Gilbert, Mesa, and Queen Creek waived all notice and procedural requirements for admission of the Community when it became a Member of the Airport Authority effective July 1,1995. 11.4 The parties waived all notice and procedural requirements in this Agreement for admission of Apache Junction when it became a Member effective July 1,2013. Section 12 Effective Date. 12.1 This Agreement shall become effective(the"Effective Date")on the later of its filing with the Arizona Secretary of State and the Maricopa County Recorder in accordance with Section 19 hereof. Section 13 Termination of Airport Authority. 13.1 This Agreement shall remain in full force and effect unless modified or terminated by written agreement of a majority of the Members of the Airport Authority. This Agreement shall also be deemed terminated should all parties hereto have exercised their right to withdraw from the Airport Authority in accordance with Section 10 of this Agreement. -6- 4921-1371-8303 13.2 Notwithstanding the right to withdraw set forth in Section 10,each party hereto agrees to remain a Member of the Airport Authority and to be bound by this Agreement until the end of the current fiscalyear. 13.3 Unless otherwise agreed to by a majority of the Members of the Airport Authority, upon termination of this Agreement: 13.3.1 If one Member agrees to assume ownership of the Airport Facilities and agrees to assume the financial obligations of all Members,then the Airport Authority shall transfer title of the Airport Facilities to such Member. 13.3.2 If no Member agrees to assume ownership of the Airport Facilities and the financial obligations of all Members, and if the State of Arizona agrees to assume such ownership and financial obligations,then the Airport Facilities shall be transferred to the State of Arizona. 13.3.3 If the State of Arizona refuses to assume ownership of the Airport Facilities, then the Airport Facilities shall revert to the United States of America. Section 14 Annual Report to Legislature. Thelf_invited the Chairperson of the Board of Directors of the Airport Authority shall annually present a report of the activities of the Airport Authority to the State House of Representatives,Ways and Means Committee,and the State Senate Finance Committee. Section 15 Governing Law. 15.1 This Agreement and the obligations of the Members hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of Arizona. The court with the original jurisdiction for causes of action arising under this Agreement is the United States District Court for the District of Arizona. 15.2 Sovereign Immunity. The Community expressly and irrevocably waives its sovereign immunity from suit solely for the limited purpose of allowing the Airport Authority to commence arbitration proceedings and enforce arbitration decisions or awards that involve a dispute or claim arising out of this Agreement. This limited waiver of sovereign immunity does not extend to any person or entity other than the Airport Authority. Except as provided in Section 15.2.1 through Section 15.2.6, nothing in this Agreement,or in the Commercial Arbitration Rules of the American Arbitration Association("AAA")(referred to below),or in any related agreement,exhibit,document or undertaking, shall be construed as waiving, qualifying,diminishing,impairing or otherwise adversely affecting the sovereign immunity of the Community or any of its entities,enterprises,affiliates or subdivisions. Further,except as specified in Section 15.2.1 through Section 15.2.6,and unless explicitly stated within this Agreement,nothing in this Agreement,or in the AAA rules, or in any related agreement, exhibit, document or undertaking, shall be construed as a waiver of such sovereign immunity or as consent or agreement by the Community to the jurisdiction of any governmental authority,or any state or municipal court. 15.2.1 Mediation. Any dispute that may arise under this Agreement shall be submitted to a mediator agreed to by both parties as soon as practicable after the dispute arises,but in any event prior to the commencement of arbitration. The mediator's fees and expenses shal I be shared equally by the parties,who agree to exercise their best efforts in good faith to resolve all disputes in mediation. Mediation will begin on the date one party sends written notice to the other requesting mediation and presenting in the notice the matter to be mediated. The mediation will conclude when both parties sign an agreement that resolves the subject of the mediation. If no agreement is reached within sixty(60)calendar days after the date of the original written notice,the mediation will be considered unsuccessful,and either party may invoke its arbitration rights under this Agreement. -7- 4921-1371-8303 15.2.2 Binding Arbitration. Any claim or dispute arising under this Agreement between the Airport Authority and the Community("dispute" or"disputes"), including, without limitation, whether a dispute is subject to arbitration,not resolved by negotiation between the parties,shall be resolved through binding arbitration conducted in Maricopa County,Arizona as provided in this Section 15. Either party may initiate the arbitration by giving written demand for arbitration to the other party in accordance with the notice provisions of this Agreement, setting forth the nature of the claim or dispute,the amount involved,if any,and the remedy sought. 15.2.3 Conduct of Arbitration. The arbitration shall be subject to Public Law No. 107-159(116 Stat.122(2002))and shall be conducted in accordance with the then-current AAA rules(but not under the administration of the AAA)except as otherwise provided in this Section 15. A single arbitrator shall be selected by agreement of both parties. If the parties cannot agree upon a single arbitrator within 30 days of receipt of a written demand for arbitration,either party may submit a request to the federal district court for an appointment of an arbitrator. No arbitrator shall have or previously have had any significant relationship with any of the parties hereto. The single arbitrator shall be knowledgeable in the subject matter of the dispute. The arbitration decision shall be rendered within 45 days after the arbitration hearing or the time period,if any,required by the AAA rules,whichever is sooner. The award of the arbitrator shall be supported by written findings of fact,conclusions of law,and a calculation of how damages, if any,were determined. The arbitrator also may grant provisional or ancillary remedies (e.g.,the appointment of a receiver, injunctive relief, etc.)either during the pendency of the arbitration proceeding or as part of an arbitration award. Upon written request and after notice to the other party,the arbitrator may modify the applicable arbitration rules in the interests of justice. The award of the arbitrator shall be final and binding upon the parties,including any party refusing to submit to arbitration under this Section 15,and a judgment thereon may be entered in the United States District Court, District of Arizona as provided by Public Law 107-159. Any refusal to submit to arbitration hereunder,any exercise of a right under the Federal Arbitration Act(9 USC§1,et seq.),which shall apply to the construction and interpretation of this Section 15,or any enforcement of an award rendered in the arbitration shall be in and subject to the jurisdiction of the United States District Court,District of Arizona. 15.2.4 In deciding any matter submitted to arbitration pursuant to this Section 15, federal law shall apply. If there is no applicable federal law,the arbitrator shall be guided by the laws of the State of Arizona. The statute of limitations, estoppel, waiver, laches and similar doctrines that would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding. 15.2.5 Discovery. The parties may conduct discovery in advance of the arbitration hearing in accordance with the AAA rules. Based on the nature and amount of the dispute,the arbitrator may establish a discovery schedule or discovery cutoff date or may limit discovery. 15.2.6 Costs of Arbitration and Attorney's Fees. Each party shall bear its own attorney's fees and expenses. The fees and all other expenses of the arbitrator,witness fees,and other reasonable fees and costs,other than attorney's fees and expenses,incurred by the prevailing party shall be assessed against the non-prevailing party by the arbitrator and included in any award or decision. Section 16 Amendments. This Agreement may be amended only by an instrument in writing approved and signed by all of the Members. Section 17 Legal Counsel Review. This Agreement shall be submitted to the legal counsel for each party hereto prior to its execution by said party,in order to determine whether this Agreement is in proper form and is within the powers and authority granted under the laws applicable to said party. Attached hereto and incorporated herein by reference is a copy of said written determination of each party's legal counsel. -8- 4921-1371-8303 Section 18 Notices. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail as follows: Town of Gilbert 50 East Civic Center Drive Gilbert,Arizona 85296 Attention:Town Manager City of Mesa 20 E.Main Street Mesa,Arizona 85201 Attention:City Manager Town of Queen Creek 22358 South Ellsworth Road Queen Creek,Arizona 85142 Attention:Town Manager Gila River Indian Community Administrative Offices P.O.Box 97 Sacaton,Arizona 85147 Attention:Lieutenant Governor City efpheeoix 3 4 00 E.Sky Harbor B Wd.,Sttite 3 3 00 Phoenix,Arizona 9503 4 Attentien�A-viafien Difeetaf City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 Attention:City Manager Section 19 Filing. A completely executed copy of this Agreement shall be filed with the Arizona Secretary of State, the Maricopa County Recorder,and the City Clerk,or the Town Clerk,as appropriate,of each other party hereto. Section 20 Remedies. In the event of any violation or threatened violation by any party to this Agreement,of any of the terms,restrictions,acknowledgements,covenants or conditions of this Agreement,the other parties hereto shall be entitled to full and adequate relief by injunction and all other legal and equitable remedies. Section 21 Cancellation. This Agreement may be canceled pursuant to A.R.S.Section 38-511. -9- 4921-1371-8303 Section 22 Approving Action. Copies of appropriate action by ordinance, resolution or otherwise authorizing the respective parties to enter into this Agreement are attached hereto as Exhibit C-B. The Agreement may be signed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original,but all of which taken together shall constitute one of the same instrument. Section 23 Federal Aviation Administration. The pafties Feeagnize th4 eafftfibt4ions b5, Phaemmix ;A,ill be R-W-ainead- f4:R-*n its Avia4ian DepaFtment. Those eontribetions are s*eet to f eview by the Feder-a!Aviation Administration. Nothing herein requires any Member to contribute funding contrary to the Federal Aviation Administration's policies and procedures. Section 24 Bond Ordinances. Notwithstanding any of the provisions in this Agreement, no Member assumes any obligation in connection with this Agreement that will have priority over or parity with any bond issued by each Member in its individual capacity. Section 25 Audit Records. The parties,the Federal Aviation Administration,the Comptroller of the United States,or any duly authorized representative reserves the right,at reasonable times,to audit and/or copy the Airport Authority's books and records directly pertinent to this Agreement. Nothing herein requires the Airport Authority to create or maintain any records that the Airport Authority does not maintain in the ordinary course of business or pursuant to a provision of law. -10- 4921-1371-8303 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as provided in Section 12. Attest: TOWN OF GILBERT By: By: Town Clerk john 1.ewi—,,_ScoftAnderson Mayor Attest: CITY OF MESA By: By: City Clerk john GilesMark Freeman,Mayor Attest: TOWN OF QUEEN CREEK By: By: Town Clerk Gail B niey, Mayor Attest: GILA RIVER INDIAN COMMUNITY By: By: Gfegefy N4endeza, Gevemof!Stephen Roe Lewis,Governor Attest: CITY OF P140EN! City Cie Ed Atereher-,City NUnage Attest: CITY OF APACHE JUNCTION By: By: City Clerk john insalaeo,Walter Wilson,Mayor 4921-1371-8303 DETERMINATION OF LEGAL COUNSEL The —am-end—ed— and— restate Second Amended and Restated Joint Powers Airport Authority Agreement has been reviewed by the undersigned attorneys who have determined that it is in proper form and within the power and authority granted under the applicable laws of each party. Date Gila River Indian Community Attorney Date Gilbert Town Attorney Date Mesa City Attorney D�� Pheeiiix City At4efney Date Queen Creek Town Attorney Date Apache Junction City Attorney -12- 4921-1371-8303 Exhibit A List of Phoenix Alesa Gateway Airport Authot.4y=A'%lee—mbheer—s2'�Ilo ns and Notess Alember Ageney Date of Loan Agreemen Date of Latest Promissory Note City of Mes J*22, 199-9 june 30,2 City of phoonk Ady 1,2006 J-I+ne 30,2 Gila River ladian Communi Ame 28,2 hine 3 0, Ally 20, 1 Ame 30, Town of Queen Creek Deeember 6,20 hine 30,2014 City of Apaehe Wiie-tion jUI5, 19,2013 kne 30,2014 Exhibit A 1 Exhibit B Phoenix A Mesa Gateway Airport Authority Members'Cumulative Contributions (Principal and interes 'from ineeption of A4embership through june 30-,241-5)�s of December 10,2024 MemberAgency C*HI7- C-U�- Deleted Cells priffe� hAffese Curn.Cumulative Total Deleted Cells F City of Mesa $52,390,1 $22,34 4,907 $ 06 74,735-,04-3103 75-6 406 Gity of Phoenix 16,700,00 2,671,379 19,371,379 0 Gila River Indian Community 8,884,550- �,010,934 11,995,3-94LL1�9 5-50 D e:I:et:e:d::C:e I I s E Town of Gilbert 7,874,250- 2,943,254 10,8 17,504111IL9 2-50 Deleted Cells Town of Queen Creek 2,075,070 657,196 2,732,2�613a!O 0-70 City of Apache Junction "0-1000 4-5�, 675,90)ILaa5 0-00 Total $84,523,9 $31,643,470 $120,227,-446-133320 76 276 Rounded G nvare'st dollar. gh june 30,2015,refleefing exeeution of FY 2015 promissory notes. But eentfibution payments fef fiseal yeaf 2015 afe tnade Ejuai4efly throughout the year, C-mmulative,intefest is shown thretigh june 30,2015. Exhibit RA-1 4921-1371-8303 Exhibit CB [Ordinance,Resolution or Minutes Approving Second Amended and Restated JPAA Agreement] (Attached) Exhibit GB-1 4921-1371-8303 Ph*Mes Mesa Gateway Airport RESOLUTION NO.14 67 WHEREAS,the, Ga4eway AiFpoi4 AtAerity("AutheFitt,"), ajoint peweFs aiFpE)i4 auther-it�-, formed ptir-suant to Arizona Revised Statutes § 28 8521 et seq. ovvns md epeFate -Meenix M-es-a GateNvay AirpoFt("AirpoFt");anA WHEREAS,the Airpet4 Autherity deems it appropriate to eall for its Members to amend the joint -Poffiver A-utherityAgmement; WHEREAS, the AiFpot4 A-ut4or*y deems it apprepr-ia4e to at4hoffiFe *lqe -Pir-eeteff to- r-e ehar-aeter-ize Member-Con4ributions fFem loans to ettmulative appr-epriations; WHEREAS, the Aifpoi4 Auther-ity deems it appr-opfia4e to awhori-ze, die, P-meemlAve Diveetoff*R_ exeettte the Loan Caneellatien Agreemen4s with eaeh of the Member Ageneies; NOW,THEREFORE,BE lT-RESOLAIED by the BF-inard-nelf R-f-:-Pj;FBF--,nim G-Me'llv-ay Airpeft Autherity as follows� The Phoenix Mesa Gateway Airport Authority Board of Directors heFeby meemmends to its Member-s that they exeeute the Amended and Restated joint Powers Airport Authority Agreement(jPAAA),attaehed hereto as Exhibit A, and ineffpffated as if fully set fOFth hemin. This Resolution also authorizes the Exeeutive Dir-eetor-to ve eharneterize Member-Contributions from loans to eumulative appr-opr-iadans,and to exeente a Loan Caneellatian Agreement with eaeh Alemben Passed and adopted by the Phoenix Mesa Gateway Airpoi4 Authority this 21st day of Oeteber 2014. ATTEST CLE CHAI APPROVED AS TO FORM ATTORNEY Exhibit C-13-2 4921-1371-8303 I Exhibit C—B-3 4921-1371-8303 Summary report: Litera Compare for Word 11.10.1.2 Document comparison done on 4/3/2025 4:03:33 PM Style name:Default Intelligent Table Comparison:Active Original DMS:nd://4921-1371-8303/l/A4GAA-Second Amended and Restated JPAA Agreement(2025).docx Modified DMS:nd:H4921-1371-8303/6/MGAA-Second Amended and Restated JPAAAgreement(2025).docx Changes: Add 60 Delete- 78 Move From 3 Move To 3 Table Insert 0 Table Delete 20 Table moves to 0 Table moves--from 0 Embedded Graphics(Visio,ChemDraw,Images etc.) 0 Embedded Excel 0 Fonnat changes 0 Total Changes: 164 PHOEENIX-1111F MESA GATEWAY AIRPORT AUTHORITY BYLAWS Adopted September 28,1995 Revised June 2007;[MONTH1 2025 Section 1 Composition of Board of Directors and Officers. 1.1 Directors and alternates. The Board of Directors("Board")shall consist of one representative from each member ofthe Pheen ex-h4esa Mesa Gateway Airport Authority("Authority"). The governing body of each Authority member shall select its representative to the Board,which representative shall act with the authority of the appointing Authority member,as well as at least one alternate representative to act with the authority of the Authority member in the absence of the representative. Notice of such appointments and any subsequent replacement appointments shall be delivered in writing to the other members of the Authority. In the absence of an Authority member's representative or alternate representative at a Board meeting,any member of the Authority member's governing body attending a Board meeting is presumed to act with the authority of the Authority member. 1.2 Officers. The Board shall annually choose from its Directors,at the Board meeting immediately following the start of each fiscal year,a Chairman,a Vice Chairman,a Secretary,and a Treasurer,each of whom shall serve at the pleasure of the Board. The Board at any time may appoint such other officers and agents as it shall deem necessary who shall hold their offices at the pleasure of the Board and who shall exercise such powers and perform such duties as shall be determined from time to time by the Board. In particular,the Board shall appoint a Clerk of the Board. 1.2.1 Chairman. The Chairman shall preside at and set the agenda for all meetings of the Board,shall authorize meeting notices to be issued by the Executive Director as required by Section 3.2 herein,present to the Arizona legislature an annual report of the activities of the Authority, and represent the interests of the Board when it is not in session. 1.2.2 Vice Chairman. The Vice Chairman shall perform all duties as may be assigned to him or her by the Board. In the case of the death,disability or absence of the Chairman,the Vice Chairman shall perform and be vested with all of the duties and powers of the Chairman. 1.2.3 Secretary. The Secretary shall review and sign the minutes of meetings of the Board and perform such other duties as may be required by the Board. 1.2.4 Treasurer. The Treasurer shall be familiar with the financial affairs of the Authority. The financial records will be in the custody of the Executive Director and all records will be maintained at the corporate office of the Authority. 1.3 Appointment of Committees and Advisory Councils. The Board may establish such Committees as the Board may from time to time find necessary,which shall consist of less than a quorum of Directors. The Board also may establish Advisory Councils,which may consist of one or more Directors,the Executive Director,Authority staff,or such other persons as the Board may designate,and which shall act in an advisory capacity to the Board. Section 2 Compensation and Indemnification of Directors. 2.1 Compensation. The Directors shall not receive any salary or compensation for their services,but may be reimbursed for their actual expenses paid or obligated to be paid in connection with service rendered solely for the benefit of the Authority,if such expenses are submitted to the Board for reimbursement. 4929-7377-6415 2.2 Indemnification and Advancement of Costs. The Authority may indemnify and agree to save harmless the Directors and the Executive Director any of whom were or are in the future a party or are threatened to be made a party to any threatened,pending or completed action,suit or proceeding, whether civil,criminal,administrative or investigative,by reason of the fact that such person is or was a Director or Executive Director or is or was serving at the request of the Authority,from any damages, costs,expenses,attorney fees,fines,judgments,claims and amounts paid in settlement,actually and reasonably incurred. The Authority may also advance fees and costs associated with any such threatened or pending suit or proceeding. Section 3 Meetin-gs of the Board of Directors. 3.1 Monthly meetings. The Board shall meet monthly at the time,date and place established by the Board,provided however that the Board may cancel or reschedule any monthly meeting. All meetings of the Board shall be conducted in accordance with the Open Meeting Law,Arizona Revised Statutes,Section 38-431 et seq. 3.2 Notice and Agendas. Public notice and an agenda of all meetings of the Board shall be posted by the respective Cler k of each member of the Authority at the official posting location of such jurisdiction in compliance with the Open Meeting Law. A meeting agenda may be amended after posting, so long as the amended agenda is posted at least 24 hours prior to the meeting. 3.3 Telephonic Attendance and Meetings. A Director may attend a Board meeting via telephonic con ce. The Board may conduct a telephonic Board meeting so long as such telephonic meeting is conducted in accordance with the provisions of the Open Meeting Law. 3.4 Special Meetings. Special meetings of the Board may be called by the Chairman or a majority of the total number of Board members on no less than 24 hours'notice to each Director,either personally or by mail or by facsimile or by telephone,so long as such special meeting is conducted in accordance with the provisions of the Open Meeting Law. 3.5 Emergency Meetings. Nothing herein shall prohibit the holding of an emergency session on less than 24 hours'notice in accordance with the provisions of the Open Meeting Law. 3.6 Quorum. A majority of the membership of the Board shall constitute a quorum. A quorum shall be necessary to conduct the business of the Board. If a quorum is not present at any meeting of the Board,the Directors present at the meeting may recess the meeting from time to time, without notice other than announcement at the meeting,until a quorum is present. 3.7 Conduct of Meetings. The conduct of all Board meetings shall be governed by Robert's Rules of Order,unless waived by the Chairman. 3.8 Voting. 3.8.1 Each member of the Board is entitled to one vote,and,except as provided in Sections 3.4 and 6,a motion will carry if supported by a majority of the quorum unless a member requests that a weighted vote be taken. If a weighted vote is requested,then the following shall apply: 3.8.1.1 For PosGal Years 2007 through 2011, eaGh member of the - Formatted:Lega151-4-1,None, No bullets or -Reard ef Farep-ters 0,.;P-ntitled tG a weighted vGte equal te- th-at mern-hear's- numbering,Tab stops:Not at 1 + 17'+ 2.2" r-,entrabutmn-n to the ler—M sh�;;re of the-;;nn6ial budget expressed as a PeFGentage E)f the tet-A.1 ..qh.;;rt--A-f the ;-;nnual budget. The WRitial weighted Vote PeFGentages shall bepeeme effeGtiVe upeR the adeptieR Af thp initial h,-dget, -2- 4929-7377-6415 3.9.1.23.8.1.1—FA_I`RESA-WI YP_-AFIS 2012 and beyend, ach memberof the Formatted:Outline numbered+Level:4+Numbering Board of Directors is entitled to a weighted vote equal to that member's cumulative investment as Style:1,2,3,...+Start at:1 +Alignment:Left+Aligned a percentage of the total investment made by all current members beginning in 1993 when the at: 1.5"+Tab after: 2.2"+Indent at: 0.5" initial Intergovernmental Agreement G�groug was formed. 3.8.1.33.8.1.2 A twe thordssimple majority is required for a motion to carry. 3.8.2 Weighted voting may not be invoked for votes being taken regarding modifications to the approved airport layout plan and airport master plan,or for adjustments to the percentage contributions of members. Section 4 Duties of Board. 4.1 General Duties. The Board shall be the governing body of the Authority. 4.2 Specific Duties. The Board's duties include the following: 4.2.1 Select the Executive Director; 4.2.2 Approve leases and lease cancellations; 4.2.3 Approve procurement policy and periodic updates to the procurement policy; 4.2.4 Approve contracts and purchases in accordance with the procurement policy; 4.2.5 Approve empleyee hiFiRg and personnel policy and periodic updates to the employee hiring and personnel policy; 4.2.6 Approve marketing plan and periodic updates to marketing plan, 4.2.7 Approve annual budget for recommendation to the Authority members; 4.2.8 Approve airport rules and regulations and airport minimum standards. Section 5 Duties of the Executive Director. 5.1 General Duties. The Executive Director shall be the Chief Executive Officer of the Authority and shall serve at the pleasure of the Board. During recess of the Board,the Executive Director shall work closely with the Chairman to ensure that the business and affairs of the Authority are conducted within the framework of Board-approved objectives and policies. 5.2 Specific Duties. The Executive Director's duties shall include the following: 5.2.1 Approve contracts and purchases in accordance with the procurement policy; 5.2.2 Negotiate leases and recommend approval and cancellation of leases to Board; 5.2.3 Hire,terminate,and supervise Authority staff; 5.2.4 Prepare and periodically update procurement policy; 5.2.5 Prepare and periodically update employee hiring and personnel policy; -3- 4929-7377-6415 5.2.6 Prepare and periodically update marketing plan; 5.2.7 Contract for and oversee annual audit; 5.2.8 Prepare annual budget; 5.2.9 Prepare agendas and meeting notices for Board Meetings;and 5.2.10 Prepar4lf requested,prepare an annual written report for submittal to the Arizona legislature. 5.2.11 Prepare airport rules and regulations and airport minimum standards. 5.2.12 Establish policies and procedures for the safe,secure,efficient,and orderly operation of the airport. 5.2.13 Prepare any required statutory or informational reports. Section 6 Amendment of Bylaws. Any of these Bylaws may be altered,amended,or repealed by majority vote of the total number of Board members,rather than a quorum of those present,at any regular or special meeting of the Board. -4- 4929-7377-6415 Summary report: Litera Compare for Word 11.10.1.2 Document comparison done on 4/3/2025 4:13:05 PM Style name:Default Intelligent Table Comparison:Active Original DMS:nd://4929-7377-6415/liMGAA-Bylaws(2025).docx Modified DMS:nd:H4929-7377-6415/4/MGAA-Bylaws(2025).docx Changes: Add 8 Dekete- I Move From 0 Move To 0 Table Insert 0 Table Delete 0 Table moves to 0 T-FI4411.,Mnveq frFIM 0 Embedded Graphics(Visio,ChemDraw,Images etc.) 0 Embedded Excel 0 Fonnat changes 0 Total Changes: 19 City of Apache Junction, Arizona 300 E Superstition Boulevard 0 Agenda Item Cover Sheet Apache Junction,AZ Z 85119 Agenda Item No.6. Piz File ID: 25-258 Sponsor: Kelsey Schattnik Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of approval of the Final Plat for Blossom Rock- Phase 3A in order to facilitate a 232-lot residential subdivision consisting of approximately 56-acres;zoned Master Planned Community (IMPC). City of Apache Junction,Arizona Page 1 Printed on 512812025 0 U Z City ofApache Junction Development Services Department RIZO CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE : June 3, 2025 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUM13ERS : Blossom Rock Phase 3A (SV-23-50) OWNERS : Brookfield ASLD 8500 LLC APPLICANT: Brookfield ASLD 8500 LLC ("Brookfield") REQUEST: Approval of Final Plat for Blossom Rock Phase 3A to facilitate a 232-lot residential subdivision consisting of approximately 56-acres zoned MPC ("Master Planned Community") LOCATION: The property is generally located on the southeast corner of Ironwood Drive and Warner Avenue GENERAL PLAN/ ZONING DESIGNATION: Master Planned Community ("MPC") /Master Planned Community ("MPC.") SURROUNDING USES : North: MPC Blossom Rock future phases South: MPC Blossom Rock Phase 1 East: MPC Blossom Rock Future Phase 4 West: MPC Reverence at Superstition Vistas "SV-23-50,Final Plat for Blossom Rock Phase 3A" June 3,2025 City Council Staff Report BACKGROUND On October 5, 2021, the City of Apache Junction approved the Auction Property at Superstition Vistas Master Planned Community plan. Most recently Brookfield has submitted a preliminary plat for Blossom Rock Phase 3A which has been administratively approved by staff (the "Subdivision Committee" per the MPC) . Staff has found the proposed final plat to be in conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports . PROPOSALS The Final Plat proposes approval of a 232-lot residential subdivision with typical lot sizes with typical lot dimensions of 37' x 811 , 431 x 10011 501 x 125' and 60' x 135' . The property is generally located on the southeast corner of Ironwood Drive and Warner Avenue . PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Master Planned Community" . The proposed density of approximately 3 . 86 du/acre is consistent with the City of Apache Junction' s General Plan and density limits as established by the Auction Property at Superstition Vistas Master Planned Community plan. Infrastructure Improvements: Road improvements and necessary utility infrastructure improvements will be built and dedicated to the city prior to the final inspection and approval of any individual residential lots . Furthermore, all other necessary on-site improvements, such as community amenities, retention basins, accessible routes, and landscape buffers, will be built during the first phase of on- site construction. ,,SV-23-50,Final Plat for Blossom Rock Phase 3A" June 3,2025 City Council Staff Report 2 PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed Final Plat for Blossom Rock Phase 3A, because of its conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports, and respectfully recommends that the City Council to approve such request. --------------------------------------------------------------- RECOMMENDED MOTION FOR FINAL PLAT I move that the Apache Junction City Council approve SV-23-50, Final Plat for Blossom Rock Phase 3A, as requested by Brookfield (owner and applicant) , for a 232-lot residential subdivision, generally located on the southeast corner of Ironwood Drive and Warner Avenue. Ke4e.ySchatUnik Prepared by Kelsey Schattnik Principal Planner Attachments : Exhibit #1 - Final Plat for Blossom Rock Phase 3A "SV-23-50,Final Plat for Blossom Rock Phase 3A" June 3,2025 City Council Staff Report 3 DEDICATION STATE OF ARIZONA I WARNER AVENUE (ALIGNMENT) ) as. FINAL PLAT COUNTY OF MARICOPA ) FOR KNOW ALL MEN BY THESE PRESENTS THAT BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY,AS OWNER, DOES HEREBY PUBLISH THIS FINAL BLOSSOM ROCK PHASE 3A ke-SITE PLAT FOR�BLOSSOM ROCK PHASE 3A", A PORTION OF THAT CERTAIN PARCEL OF LAND RECORDED IN FEE NUMBER m 2020-137555, FINAL COUNTY RECORDS (PCR), LYING WITHIN SECTIONS 17 AND 20,TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE A PORTION OF THAT CERTAIN PARCEL OF LAND, RECORDED IN FEE NUMBER 2020-137555, GILA AND SALT RIVER MERIDIAN,APACHE JUNCTION,ARIZONA, AS SHOWN HEREON AND HEREBY DECLARES THAT THIS PLAT PINAL COUNTY RECORDS (PCR), LYING WITHIN SECTIONS 17 AND 20, TOWNSHIP I SOUTH, RANGE 8 EAST, Woccl,Panel&Assodates Inc. z SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS OF THE LOTS,TRACTS,STREETS AND EASEMENTS CONSTITUTING OF THE GILA AND SALT RIVER MERIDIAN, APACHE JUNCTION, ARIZONA Gwil Enginsonalt SAME,AND THAT THE LOTS, TRACTS AND STREETS SHALL BE KNOWN BY THE NAME, NUMBER, OR LETTER GIVEN TO EACH. z WaterRemums 0 i-and Sumy ITION 20, Manapanad OWNER HEREBY DEDICATES AND CONVEYS TO THE CITY OF APACHE JUNCTION, IN FEE, ALL REAL PROPERTY DESIGNATED OWNER ENGINEER TIS, R8E W2.MM ON TH IS PLAT AS wRIGHT-OF-WAr OR 'RIW" FOR USE AS PUBLIC RIGHT-OF-WAY. 9 BROOKFIELD ASLD 8500 LLC WOOD, PATEL&ASSOCIATES, INC. z 0 we.eoocpstemm EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. 14648 N SCOTTSDALE ROAD., SUITE 290 1630 SOUTH STAPLEY DRIVE- SUITE 219 0 SCOTTSDALE,ARIZONA 85254 MESA, ARIZONA 85204 OWNER HEREBY GRANTS TO THE CITY OF APACHE JUNCTION A PERMANENT, NON-EXCLUSIVE EASEMENT OVER,ACROSS, PHONE: 602-903-7506 PHONE: 4BO-834-3300 UNDER AND UPON ALL AREAS DESIGNATED ON THIS PLAT AS SIGHT VEHICULAR TRIANGLE ('SVT') FOR THE PURPOSE OF CONTACT: ERIC J. TUNE, P.E. CONTACT: DAN MATTHEWS, P.E. ESTABLISHING AREAS WITHIN WHICH NO LANDSCAPING MAY BE INSTALLED OTHER THAN GROUND COVER, FLOWERS AND VICINITY MAP GRANITE LESS THAN 3 FOOT(MATURE) IN HEIGHT,AND/OR TREES WITH BRANCHES NO LESS THAN 8 FEET ABOVE GROUND, WHICH TREES, IF ANY, MUST BE SPACED NOT LESS THAN 8 FEET A PART. APPROVALS NTS TRACTS A THROUGH 0, T AND U ARE NOT TO BE CONSTRUED TO BE DEDICATED TO THE PUBLIC OR CITY, BUT WILL BE DEEDED TO THE BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK RESIDENTIAL ASSOCIATION,AS APPLICABLE, THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND FOR ITS USE AND ENJOYMENT AS MORE FULLY SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND REGULATIONS AND THAT ASSURANCE$ RAY AVENUE RESTRICTIONS AND SAID ORGANIZATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE THEREOF. WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. OWNER HEREBY DEDICATES AN EASEMENT FOR INGRESSIEGRESS FOR REFUSE, UTILITY AND EMERGENCY VEHICLES, PUBLIC NOTES (CONTINUED) UTILITY AND FACILITY EASEMENTS AND DRAINAGE EASEMENTS OVER TRACTS N AND T. DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE 3. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN DRAINAGE PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT PLANS OWNER HEREBY DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE PUBLIC UTILITY AND FACILITY APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF AND, EXCEPT AS MAY BE APPROVED BY DEVELOPMENT SERVICES ENGINEER, FENCING WILL EASEMENTS,AS SHOWN ON THE SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL BE LIMITED TO WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT IMPEDE WATER FLOW PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO THE CITY OF APACHE JUNCTION, IN FEE, FOR THE CITY's 20 AND THE CITY COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN OR COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW.VEGETATION SHALL NOT BE USE AS PUBLIC RIGHT-OF-WAY, THE DEDICATION OF REAL PROPERTY MARKED AS PUBLIC UTILITY AND FACILITIES PLANTED NOR ALLOWED TO GROW WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION EASEMENTS IS A DEDICATION OF A PUBLIC UTILITY AND FACILITIES EASEMENT TO THE CITY, WITH SUCH DEDICATION ON BEHALF OF THE PUBLIC THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER SUPPLY BASINS WHICH WOULD IMPEDE THE FLOW OF WATER. INCLUDING THE FOLLOWING USES: TO CONSTRUCT, INSTALL,ACCESS, MAINTAIN, REPAIR, RECONSTRUCT, REPLACE, AS REQUIRED BY ARIZONA REVISED STATUTES 45.576 OR EVIDENCE THAT THE AREA HAS BEEN DESIGNATED REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED TO, WATER, WASTEWATER, GAS, ELECTRIC, STORM WATER, BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED WATER SUPPLY. 4. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL BE THE PIPES, CONDUIT, CABLES, AND SWITCHING EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND BY: ATTEST: RESPONSIBILITY OF THE BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK SIGNAL LINES,TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES, AND CABLES, FIRE HYDRANTS, STREETILIGHTS, RESIDENTIAL ASSOCIATION,AS APPLICABLE, OR THE OWNER OF THE UNDERLYING LOT OR STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, PUBLIC TRANSIT FACILITIES, MAYOR CITY CLERK TRACT. SHOULD THE ASSOCIATION NOT ADEQUATELY MAINTAIN THEM, THE GOVERNING SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT Is AND ALL APPURTENANCES TO ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FORGOING, LOCATED, AT ITS DISCRETION, MAY ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE < ACKNOWLEDGMENT CHARGE THE BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK RESIDENTIAL ce) ALTERED IN A MANNER THAT CONFLICTS WITH THE OPERATION, MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC ASSOCIATION, AS APPLICABLE, OR THE OWNER OF THE UNDERLYING LOT OR TRACT THE COST w IMPROVEMENTS)AND THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM,AND STATE OF ARIZONA OF THE MAINTENANCE. U) ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS TO USE THE PUBLIC < < I I ss. S. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED IN m 9 UTILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN.ALL OTHER EASEMENTS ARE COUNTY OF MARICOPA ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO THE BLOSSOM ROCK COMMUNITY LL m HEREBY DEDICATED FOR THE PURPOSES SHOWN. UNLESS APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTtON, ALL < EASEMENTS CREATED BY THIS PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20 BY ALLIANCE OR BLOSSOM ROCK RESIDENTIAL ASSOCIATION, AS APPLICABLE,AFTER Z! RECORDATION OF THE PLAT. THE AND-,THE Z WITHOUT LIMITING IN ANY MANNER THE DEDICATIONS AND RIGHTS CREATED IN FAVOR OF THE CITY OF APACHE JUNCTION, 0 ARIZONA BY THIS FINAL PLAT,THE COSTS OF PUBLIC INFRASTRUCTURE CONSTRUCTED OR INSTALLED IN THE RIGHTS OF 6. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED As m WAY OR PUBLIC EASEMENTS OR IN ADJOINING TRACTS SHOWN ON THIS FINAL PLAT,TO THE EXTENT THAT IT IS COMPRISED OF BROOKFIELD ASLD 8500 LLC,A DELAWARE LIMITED LIABILITY COMPANY,ON BEHALF OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT,ZONING m OF CFD-EUGIBLE IMPROVEMENTS, MAY BE FINANCED WITH, AND BROOKFIELD ASUD 8500 LLC REIMBURSED BY, THE THEREOF. ORDINANCE,VOL. 11, APACHE JUNCTION CITY CODE.ALL EXISTING AND PROPOSED ONSITE z 0 PROCEEDS OF BONDS ISSUED BY THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2(CITY OF APACHE OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. (n JUNCTION, ARIZONA), IN ACCORDANCE WITH THE TERMS OF THE DEVELOPMENT, FINANCING PARTICIPATION AND NOTARY PUBLIC um (1) < INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 (CITY OF APACHE 7. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL 0 JUNCTION, ARIZONA), DATED AS OF OCTOBER 15, 2021, RECORDED IN THE OFFICE OF THE FINAL COUNTY, ARIZONA, MY COMMISSION EXPIRES HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL PLAT ON ED RECORDER,AS FEE NO. 2021-131167, AS AMENDED FROM TIME TO TIME. THE HOMEOWNERS'ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES. OWNER HEREBY GRANTS TO THE CITY OF APACHE JUNCTION AND THE SUPERSTITION VISTAS COMMUNITY FACILITIES BASIS OF BEARING 8. SHOULD THE HOMEOWNERS'ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT THEY DISTRICT NO. 2 ("CIFID-)A PERMANENT, NON-EXCLUSIVE EASEMENT OVER, ACROSS, UNDER AND UPON TRACTS E, F AND I OWN WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE PROPERTY SHOWN ON THIS FINAL PLAT FOR THE PURPOSE OF PUBLIC USE AND ENJOYMENT; PROVIDED THAT THE CITY OF APACHE THE BASIS OF BEARING IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP I JUNCTION AND THE CFD SHALL HAVE NO OBLIGATION WHATSOEVER FOR INSTALLING, CONSTRUCTING, MAINTAINING, SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, HAVING A BEARING OF NORTH 89 DEGREES 46 THROUGH TAX FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR THE GOVERNING REPLACING, REPAIRING OR OPERATING SUCH TRACTS OR ANY IMPROVEMENTS OR LANDSCAPING WITHIN SUCH TRACTS,AND MINUTES 59 SECONDS EAST. ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, SHALL ASSESS, LIEN, ANDIOR COLLECT FROM ANY SUCCESSOR IN INTEREST SHALL HAVE NO OBLIGATION FOR ANY CLAIMS ARISING OUT OF ANY PRIVATE OR PUBLIC USE OF SUCH TRACTS,AND AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE OF ALL IMPROVEMENTS, PROVIDED FURTHER THAT(1) OWNER HEREBY EXPRESSLY RESERVES FROM THE FOREGOING GRANT OF EASEMENT, DRAINAGE FACILITIES, LANDSCAPING AND AMENITIES. TOGETHER WITH THE RIGHT TO TRANSFER THE SAME, THE RIGHT TO ENTER UPON, USE AND IMPROVE SUCH TRACTS, FLOODPLAIN INFORMATION INCLUDING THE RIGHT TO INSTALL, MAINTAIN, REPAIR AND REPLACE SUCH IMPROVEMENTS AS IT OR ITS SUCCESSOR OR SUBJECT PROPERTY LIES IN FLOOD ZONE flXw PER FLOOD INSURANCE RATE MAP(FIRM) PANEL NO. 9. SIDEWALKS LOCATED OUTSIDE THE PUBLIC RIGHT-OF-WAY SHALL BE MAINTAINED BY THE ASSIGNEE MAY FROM TIME TO TIME DEEM DESIRABLE, SUBJECT ONLY TO ORDINARY APPROVALS BY THE CITY OF APACHE 04021 CO20DE DATED DECEMBER 4, 2021 AND FLOOD ZONE X(SHADED) PER LOMR 2M9-0194P EFFECTIVE BLOSSOM ROCK COMMUNITY ALLIANCE UNLESS OTHERWISE SPECIFIED WITHIN THE JUNCTION, WHICH ENTRY, USE AND IMPROVEMENTS SHALL NOT BE INCONSISTENT WITH,AND SHALL NOT UNREASONABLY DATE OCTOBER 2.2, 2021. OTHER AREAS OF FLOOD HAZARD ZONE"Xm IS DESCRI BED AS: "AREAS OF MAINTENANCE ANDIOR DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND THE INTERFERE WITH, THE FOREGOING EASEMENT, AND III)ALL PERSONS AND ENTITIES EXERCISING THE FOREGOING EASEMENT MINIMAL FLOOD HAZARD."OTHER AREAS OF FLOOD HAZARD ZONE "Xw(SHADED) IS DESCRIBED AS: W0.2% DEVELOPER. RIGHTS SHALL AVOID ANY DAMAGE TO SUCH TRACTS AND ANY IMPROVEMENTS LOCATED AT ANY TIME THEREIN, AND THE ANNUAL CHANCE FLOOD HAZARD,AREAS OF 1%ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH LESS FOREGOING EASEMENT IS GRANTED ON THE CONDITION THAT ALL PERSONS AND ENTITIES EXERCISING SUCH EASEMENT THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN ONE SQUARE MILE." 10. THE CITY OF APACHE JUNCTION IS NOT RESPONSIBLE FOR AND WILL NOT ACCEPT RIGHTS, OTHER THAN THE CITY OF APACHE JUNCTION AND THE CFD, SHALL HOLD THE CITY OF APACHE JUNCTION HARMLESS MAINTENANCE OF ANY PRIVATE PARKS, DRAINAGE FACILITIES OR LANDSCAPED AREAS WITHIN FOR, FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES OR EXPENSES WHICH MAY RESULT FROM THEIR EXERCISE OF THE SUBDIVISION SHOWN HEREON. ALL TRACTS SHALL BE PRIVATELY OWNED AND THE FOREGOING EASEMENT RIGHTS. MAINTAINED. EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE DECLARATION OF NOTES COVENANTS, CONDITIONS AND RESTRICTIONS (OR APPLICABLE SUPPLEMENTAL DECLARATION) NO CFD IMPROVEMENTS THAT ARE BEING DEDICATED TO THE CITY OF APACHE JUNCTION ("CFD IMPROVEMENTS'p) SHALL BE WITH REGARD TO MAINTENANCE BY BLOSSOM ROCK COMMUNITY ALLIANCE, INC. OR BLOSSOM DEEMED TO BE DEDICATED TO OR ACCEPTED BY THE CITY OR OTHER GOVERNMENTAL ENTITY UNTIL ACCEPTANCE OF SUCH 1. THE MAINTENANCE OF LANDSCAPING WITH IN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF ROCK RESIDENTIAL ASSOCIATION, INC., THE MAINTENANCE OF EASEMENT PREMISES SHOWN CFD IMPROVEMENTS BY THE CITY OR OTHER GOVERNMENTAL ENTITY. OWNER HEREBY RESERVES AN INTEREST IN ANY OF CURB SHALL BE THE RESPONSIBILITY OF THE BLOSSOM ROCK COMMUNITY ALLIANCE OR ON THIS PLAT WHICH LIE WITHIN THE BOUNDARIES OF A SUBDIVISION LOT IS THE THE FOREGOING PROPERTY UPON WHICH WHAT WOULD BE "PUBLIC INFRASTRUCTURE"As SUCH TERM Is DEFINED IN BLOSSOM ROCK RESIDENTIAL ASSOCIATION, AS APPLICABLE, OR THE ABUTTING LOT, TRACT RESPONSIBILITY OF THE APPLICABLE LOT OWNER,AND THE MAINTENANCE OF EASEMENT SECTION 48-701, ARIZONA REVISED STATUTES, HAS BEEN OR IS TO BE CONSTRUCTED, INCLUDING THE CFD IMPROVEMENTS. OR PARCEL OWNER. PREMISES SHOWN ON THIS PLAT WHICH LIE WITHIN THE BOUNDARIES OF A TRACT IS THE EXCEPT IF RELEASED PRIOR THERETO AS HEREINAFTER DESCRIBED, SUCH INTEREST IS TO BE ACQUIRED BY THE CFQ SUCH RESPONSIBILITY OF THE TRACT OWNER. INTEREST IS LIMITED TO ONE NECESSARY TO ACCOMMODATE THE FINANCING OF THE ACQUISITION OF SUCH PUBLIC 2. CONSTRUCTION WITHIN UTILITY EASEMENTS SHALL BE LIMITED TO UTILITIES, REMOVABLE INFRASTRUCTURE (INCLUDING OF SUCH INTEREST IN SUCH REAL PROPERTY) PURSUANT TO THE AMENDED AND RESTATED FENCES AND DRIVEWAYS. 11. PURSUANT TO SECTION 4.7.B.1 OF THE DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS DISTRICT DEVELOPMENT, FINANCING PARTICIPATION,WAIVER AND INTERGOVERNMENTAL AGREEMENT DATED AS OF BETWEEN THE CITY OF APACHE JUNCTION AND D.R. HORTON, INC.,A DELAWARE LAND OCTOBER 10, 2022,AND RECORDED ON OCTOBER 11, 2022, IN THE OFFICIAL RECORDS OF THE FINAL COUNTY RECORDER, AS CORPORATION, DATED OCTOBER 28, 2021 AND RECORDED AS FEE NO. 2021140530, OFFICIAL INSTRUMENT NO. 2022-106816(THE NCFD DEVELOPMENT AGREEMENT"). SUCH INTEREST IS TO BE RELEASED UPON THE RECORDS OF FINAL COUNTY,ARIZONA, DEVELOPER, AND ITS SUCCESSORS AND ASSIGNS EARLIER OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE ONLY BY THE CFD PURSUANT TO THE CFD DEVELOPMENT (WHICH MAY INCLUDE BLOSSOM ROCK COMMUNITY ALLIANCE, INC., OR BLOSSOM ROCK BKIAN J AGREEMENT OR DECEMBER 31, 2056. RESIDENTIAL ASSOCIATION, INC.), SHALL MAINTAIN ANY AND ALL LANDSCAPING INSTALLED DIEHL WITHIN AND ADJACENT TO THE ROAD RIGHTS-OF-WAY WITHIN THE SUBDIVISION SHOWN ON n IN WITNESS WHEREOF: THIS PLAT. A, BROOKFIELD ASILD 8500 ULC, A DELAWARE LIMITED LIABILITY COMPANY,AS OWNER, HAS HERETO CAUSED ITS NAME TO BE AFFIXED AND THE SAME TO BE ATTESTED BY THE SIGNATURE OF THE UNDERSIGNED OFFICERS THIS CERTIFICATION s 26 1, BRIAN J. DIEHL, OF WOOD, PATEL&ASSOCIATES, INC. HEREBY CERTIFY THAT THIS PLAT IS A CORRECT DAY OF-,20--. REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT;THAT I HAVE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY CERTIFY TO ITS BJD BROOKFIELD ASILD 8500 ULC, A DELAWARE LIMITED LIABILITY COMPANY CORRECTNESS AND THAT ALL TRACTS ARE STAKED OR WILL BE STAKED AND ALL MONUMENTS ARE SET OR CAD TECHNICIAN WILL BE SET WITHIN ONE (1)YEAR AFTER RECORDATION. MR BY: NTS ITS: UAIL 04/02/2025 JU13 NUMBEIR BRIAN J. DIEW BY: REGISTERED LAND SURVEYOR #23945 =1 WP#235498.01 WOOD, PATEL&ASSOCIATES, INC. 1 OF 17 ITS: 1630 SOUTH STAPLEY DRIVE, SUITE 219 9 > MESA,ARIZONA 85204 1 1 �n DESCRIPTION A PORTION OF THAT CERTAIN PARCEL OF LAND RECORDED IN FEE NUMBER 2020-137555, FINAL COUNTY RECORDS (PCR), LYING WITHIN SECTIONS 17 AND 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, FINAL COUNTY, ARIZONA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 20, A 34NCH FINAL COUNTY PUBLIC WORKS BRASS CAP IN HANDHOLE, FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 20, A 2 112-INCH GENERAL LAND OFFICE (GLO) BRASS CAP, BEARS NORTH 89-47-05- EAST (BASIS OF BEARING), A m DISTANCE OF 2643.91 FEET; LEGEND THENCE ALONG THE NORTH LINE OF SAID SECTION 20, NORTH 89047-05- EAST, A DISTANCE OF 1195.08 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF Wood,Patel&Assmatm In WARNER AVENUE PHASE 1, RECORDED IN FEE NUMBER 2024-061054, PGRAND THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 30037'38" EAST, A DISTANCE OF 4.92 FEET, TO A POINT OF CORNER OF THIS SUBDIVISION ciml Engineenng INTERSECTION WITH A NON-TANGENT CURVE; Naer Resenm SET MONUMENT WI TAG OR CAP Land&my THENCE EASTERLY ALONG SAID NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2065.00 FEET, CONCAVE NORTHERLY, WHOSE RADIUS BEARS Ccnstr�cfion Manageme- NORTH 15*05'35" WEST, THROUGH A CENTRAL ANGLE OF 09001-14", A DISTANCE OF 325.11 FEET, TO THE CURVES END; UNLESS OTHERWISE NOTED THENCE NORTH 65053-12" EAST, A DISTANCE OF 547.51 FEET; SURVEY MONUMENT FOUND AS NOTED 602.335.8500 THENCE SOUTH 69*0614811 EAST, A DISTANCE OF 35.36 FEET; 0 CENTERLINE MONUMENTATION-SET BRASS CAP %w.%oodpaI THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 24-0648" EAST, A DISTANCE OF 97.76 FEET, TO THE BEGINNING OF A CURVE; FLUSH UPON COMPLETION OF PROJECT PER NAG THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 24.00 FEET, CONCAVE WESTERLY, THROUGH A CENTRAL ANGLE OF 31019,56u, A STANDARD DETAIL 120-1, TYPE PBip DISTANCE OF 13.12 FEET, TO THE BEGINNING OF A REVERSE CURVE; THENCE SOUTHERLY ALONG SAID REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 24.00 FEET, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF BC BRASS CAP 31-19-56", A DISTANCE OF 13.12 FEET, TO THE CURVES END; BCH BRASS CAP IN HANDHOLE THENCE SOUTH 24006'48" EAST, A DISTANCE OF 198.55 FEET, TO THE BEGINNING OF A CURVE; FD FOUND THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 24.00 FEET, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF GLO GENERAL LAND OFFICE 3101915611, A DISTANCE OF 13.12 FEET, TO THE BEGINNING OF A REVERSE CURVE; PCDPW PINAL COUNTY DEPARTMENT OF PUBLIC THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE TO THE RIGHT. HAVING A RADIUS OF 24.00 FEET, CONCAVE SOUTHWESTERLY, THROUGH A CENTRAL WORKS ANGLE OF 31-19'56-, A DISTANCE OF 13.12 FEET, TO THE CURVES END; PCHD FINAL COUNTY HIGHWAY DEPARTMENT THENCE SOUTH 24*06'48'k EAST, A DISTANCE OF 475.14 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE; PCR PINAL COUNTY RECORDS THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, CONCAVE WESTERLY, WHOSE RADIUS BEARS PUFE PUBLIC UTILITY AND FACILITY EASEMENT SOUTH 83045'08" WEST, THROUGH A CENTRAL ANGLE OF 27054-45", A DISTANCE OF 48.72 FEET, TO THE BEGINNING OF A REVERSE CURVE; POB POINT OF BEGINNING THENCE SOUTHERLY ALONG SAID REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 84.50 FEET, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 06-49-11", A DISTANCE OF 10.06 FEET, TO THE BEGINNING OF A REVERSE CURVE; POC POINT OF COMMENCEMENT THENCE SOUTHWESTERLY ALONG SAID REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, CONCAVE NORTHWESTERLY, THROUGH A RIW RIGHT-OF-WAY CENTRAL ANGLE OF 51002'10". A DISTANCE OF 89.07 FEET, TO THE CURVES END; SE SEWER EASEMENT THENCE SOUTH 65052-51" WEST, A DISTANCE OF 42.04 FEET: SVT SIGHT VEHICULAR TRIANGLE THENCE SOUTH 24*06'48" EAST, A DISTANCE OF 32.00 FEET; VNAE VEHICULAR NON-ACCESS EASEMENT THENCE NORTH 65653-32" EAST, A DISTANCE OF 42.04 FEET, TO THE BEGINNING OF A CURVE; BOUNDARY LINE THENCE EASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, CONCAVE SOUTHERLY, THROUGH A CENTRAL ANGLE OF 51002'10", PARCELITRACTI LOT LINE A DISTANCE OF 89.07 FEET, TO THE BEGINNING OF A REVERSE CURVE; THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 84.50 FEET, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL SECTION LINE ANGLE OF I A DISTANCE OF 10.49 FEET, TO THE BEGINNING OF A REVERSE CURVE; RIGHT-OF-WAY LINE THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, CONCAVE SOUTHWESTERLY, THROUGH A EASEMENT LINE AS NOTED CENTRAL ANGLE OF 26-58-48", A DISTANCE OF 47.09 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE: THENCE SOUTH 24006'48" EAST, A DISTANCE OF 464.31 FEET, TO THE BEGINNING OF A CURVE; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 24.00 FEET, CONCAVE WESTERLY, THROUGH A CENTRAL ANGLE OF 31*19-56", A DISTANCE OF 13.12 FEET, TO THE BEGINNING OF A REVERSE CURVE: THENCE SOUTHERLY ALONG SAID REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 24.00 FEET, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 31-19-56", A DISTANCE OF 13.12 FEET, TO THE CURVES END; < THENCE SOUTH 24006'48" EAST, A DISTANCE OF 110.10 FEET, TO THE BEGINNING OF A CURVE; m LU THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 24.00 FEET, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF U) 31-19-56", A DISTANCE OF 13.12 FEET, TO THE BEGINNING OF A REVERSE CURVE; < THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 24.00 FEET, CONCAVE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 31019'56", A DISTANCE OF 13.12 FEET, TO THE CURVES END; THENCE SOUTH 24006'48" EAST, A DISTANCE OF 75.00 FEET, TO THE BEGINNING OF A CURVE; < THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, CONCAVE WESTERLY, THROUGH A CENTRAL ANGLE OF 90000100", A ;ar () o H­ DISTANCE OF 39.27 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; 0 0 THENCE SOUTH 24006'48" EAST, A DISTANCE OF 23.00 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE; Z THENCE EASTERLY ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, CONCAVE SOUTHERLY, WHOSE RADIUS BEARS SOUTH 24006'48" EAST, THROUGH A CENTRAL ANGLE OF 90-00-00-. A DISTANCE OF 39.27 FEET, TO THE CURVES END; THENCE SOUTH 24006'48" EAST, A DISTANCE OF 75.00 FEET, TO THE BEGINNING OF A CURVE: z 0 0 THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 24.00 FEET, CONCAVE WESTERLY, THROUGH A CENTRAL ANGLE OF 31019156", A U) F� DISTANCE OF 13.12 FEET, TO THE BEGINNING OF A REVERSE CURVE; U) THENCE SOUTHERLY ALONG SAID REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 24.00 FEET, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 0 _j 31-19-56", A DISTANCE OF 13.12 FEET, TO THE CURVES END; THENCE SOUTH 24006-48" EAST, A DISTANCE OF 291.58 FEET, TO THE BEGINNING OF A CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 24.00 FEET, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 31-19-53", A DISTANCE OF 13.12 FEET, TO THE BEGINNING OF A REVERSE CURVE; THENCE SOUTHERLY ALONG SAID REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 24.00 FEET, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 31*1915311, A DISTANCE OF 13.12 FEET, TO NORTHERLY LINE OF BLOSSOM ROCK PHASE 1, RECORDED IN FEE NUMBER 2022-084918, PCR, AND A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE ALONG SAID NORTHERLY LINE, SOUTH 65053-12" WEST, A DISTANCE OF 1057.96 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 33030-51- WEST, A DISTANCE OF 119.88 FEET; THENCE NORTH 73048'50" WEST, A DISTANCE OF 25.87 FEET: THENCE SOUTH 33057'22" EAST, A DISTANCE OF 32.48 FEET; THENCE NORTH 20053-12-1 EAST, A DISTANCE OF 28.28 FEET; THENCE NORTH 24006'48" WEST, A DISTANCE OF 230.00 FEET; THENCE NORTH 69006'4811 WEST, A DISTANCE OF 28.28 FEET; THENCE NORTH 2400648" WEST, A DISTANCE OF 32.00 FEET; THENCE NORTH 20053-12" EAST, A DISTANCE OF 28.28 FEET; THENCE NORTH 24006'48" WEST, A DISTANCE OF 220.00 FEET; THENCE NORTH 69006'48" WEST, A DISTANCE OF 28.28 FEET; THENCE NORTH 2400l WEST, A DISTANCE OF 32.00 FEET; THENCE NORTH 20053-12-1 EAST, A DISTANCE OF 28.28 FEET; THENCE NORTH 24006'48" WEST, A DISTANCE OF 210.00 FEET; THENCE NORTH 690064811 WEST, A DISTANCE OF 28.28 FEET; THENCE SOUTH 65053-12-1 WEST, A DISTANCE OF 56.82 FEET; THENCE NORTH 24006'48" WEST, A DISTANCE OF 32.00 FEET; THENCE NORTH 2005311211 EAST, A DISTANCE OF 28.28 FEET; THENCE NORTH 2400648" WEST, A DISTANCE OF 246.00 FEET, TO THE BEGINNING OF A CURVE; THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 121.82 FEET, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 71401,09", A DISTANCE OF 151.00 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE NORTH 43005-39" WEST, A DISTANCE OF 84.33 FEET; THENCE SOUTH 35008151 11 WEST, A DISTANCE OF 84.02 FEET; THENCE SOUTH 11*37153-1 WEST, A DISTANCE OF 84.02 FEET; THENCE SOUTH 68001'GO" WEST, A DISTANCE OF 36.58 FEET: THENCE NORTH 59*06'44" WEST, A DISTANCE OF 74.66 FEET; LAN THENCE NORTH 28054'02- WEST, A DISTANCE OF 17.96 FEET, TO THE SOUTHEAST CORNER OF PARCEL A, PHASE 3 COMMERCIAL, RECORDED IN FEE NUMBER 2024-061061, PCR; �ICA7� THENCE ALONG THE EAST LINE OF SAID PARCEL A, NORTH 00000'00" EAST, A DISTANCE OF 483.14 FEET; 2� THENCE NORTH 75051-51" EAST, A DISTANCE OF 90.15 FEET; DMUMN J, DIEHL THENCE NORTH 14008'09" WEST, A DISTANCE OF 380.56 FEET, TO SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE LEAVING SAID EAST LINE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, NORTH 71*51-51 EAST, A DISTANCE OF 21.00 FEET; THENCE NORTH 30037-38" EAST, A DISTANCE OF 17.08 FEET, TO THE POINT OF BEGINNING. A, Ex a CRECKEUST- BJD CAD-T-E-CHNICIAN MR b(;AUL UAIL NTS 04/02/2025 JOUNIMEK WP#235498.01 2 OF 17 SITE MAP CURVE TABLE SITE MAP CURVE TABLE L2 (THIS SHEET ONLY) (THIS SHEET ONLY) CURVE DELTA RADIUS ARC CHORD BEARING CHORD CURVE DELTA RADIUS RING CHORD DUAL B THSSHEET NORTHWEST CORNER C11 9001'14" 2065.00' 325AT N7002349"E 324.77' C21 31019'56' 24.00' 12.96' SECTION 20,Tl 8, R8E, FD 3ff PCDPW BCH DETAILA C2 31019'W 24.00' 13.17 N08026'5GNW 12.96' C22 71001'09P 121.82' 141.52' POC THSSHEET POB 61 DIETWLC TRACTI 62 THESHEET Wcccl,Panel&Assidarems Inc. C3 31019'567 24.00' 13.17 S08026'50"E 12.96, - - - - - - - m m 7 N N89047'05"E 2643.91' C 0 0 1 Gwil Engineering C4 31019'W 24.00' 13.1Z S3904646"E 12.96 1 - - - - - - - - - .f - - - - - - - WaterRewums 51 I-and Sumy CS 31019'567 24.00' 13.1T N3904646NW 12.96' SITE MAP LINE TABLE SITE MAP LINE TABLE - - - - - - - L38 ou 74 66 -7NORTH 114 CORNER Construdw Manapanad CS 27054'45w 100.00' 48.72' 1 N07042'30"E 48.24' (THIS SHEET ONLY) (THIS SHEET ONLY) 1 41 81 SECTION 20,T1S, R8E 6V.33&850D SEC POC LINE BEARING DISTANCE LINE BEARING DISTANCE TRACT 1 4 79 14 FD 2 112*GLO BC we.woodpstemm 47 C7 6049'11" 84.50' 10.06' $18*15'17"W 10.05' 4 - 11 N30037'39NE 4.92' L21 N69006'48*W 28.28' 32 al C8 51002'10P 100.00' 89.07' N40021'46"E 86.16, L37 - L2 S69006'48"E 35.36' L22 N24006'48V 32.00' N DETAIL D 87 THIS SHEET C9 51002'lGm 100.00' 89.07' N88035'23NW 86.16' 01 - L3 S24006'48"E 97.76' L23 N20053'12"E 28.28' 28 CID 7�06746" 84.50' 10.49' S66037'41"E 10.48' 98 - 14 S24006'48"E 19&55' L24 N24006'48V 210.00' PARGELA 27 C11 2605848� 100,00' 47,09' N56041'4GmW 46,65' PHASE 3 COMMERCIAL 13 6 15 S65052'51V 42.04 L25 N69006'48*W 28.28' FEE 2024-061061, PCR TRACTT TRACT 0 12 ill %I I I I I I C12 31019'56m 24.00' 13.12' N08026'5GNW 12.96 - ACT H - L6 824006'48"E 32,00' L26 S65053'12"W 56.82' ce C13 31919'56w 24.00' 13.17 S08�26'50"E 12.96' - 17 N65053'3TE 42.04' L27 N24006'48V 32.00' L30 C14 3`1019'56� 24.00' 13.1z S3904646"E 12,96' 110 - L8 S24006'48"E 110.10, L28 N20053'12"E 28.28' L31 TRACT G C15 31019'W 24.00' 13.12' N3904646flW 12.96' TRACT J - L9 S24006'48"E 75,01Y L29 N24006'48V 246,00, L32 1� 115 C16 90000'00r 25.00' 39.27' N20053'12"E 35.36' 117 118 12 137 6 - L10 S24006'48"E 2100' L30 N43005'39*W 84.33' 138 ;;woo C17 90000'00' 25.00' 39.27' N69006'48"W 35.36' DETAILN DETAIL E S24006'48"E 7&00' L31 835008'51"W 84.02' THIS SHEET TMCTA THIS SHEET C18 31019'W 24.00' 13.12' N08026'5GmW 12.96' 1 1 L33 142 168 L12 N33030'51"W 119.88, L32 S11037'53"W 84.02' 12.96' C19 31019'5W 24.00' 13.1Z S08026'50"E ti 1 0 46 65 DETAIL F L13 N73048'50"W 2517' L33 S68001'00"W 36.58' UNSUBDIVIDED DUAL A IV 0 THIS SHEET C20 31019'W 24.00' 13.17 S39�4646"E 12.96 L14 N33*57"22"W 32,411' L34 N59006'44wW 74.66' THISSHEEr 151 161 DETAILS % 0 174 173 171 THISSHEET L15 N200531TE 28.28p L35 N28054'02*W 17.96, 11 lid L16 N24*06'48"W 230.00' L36 NOOOOO'00"E 483.14' < 19 DETAIL H ce) 1� lu IQ 19 THISSHEET UJI 17 N69006'48"W 28.28' L37 N75051'51nE 90.15, - 1> lu 190 191 U) 8 N24006'4B"W 32.00' L38 41, D < DETNLL 213 216 m 14200531TE 28.28' L39 THIS SHEET 187 m< 9 LID- L t�'. 196 217 Z! bp 0 im 197 212 0 0 N24006'48"W 220,00' L40 v [L2 15 p� 198 13 218 1 200 21 0 1 210 201 Lr ze 202 209 2 20 ul z 222 0 DETAILA DETAIL B DETAIL F DETAIL J 0 DETAIL K 203 206 U3 SCAUE- V=50' 11=50, 1 1 THIS SHEET d m SCALE 1 d M4 < SCALE 1 50' SCALE: V 50' A 225 DETAIL I um (1) Ll a 204 2N THIS SHEET 0 POB C2 na 20 229 . . . . . . C3 N 231 230 232 L40 DETAIL I L13 Nis SHEET DETAIL K 3ETAIL G E: 1" 50' DETAIL C DETAIL E SCALE: I"=50' SCALE: 1 50' SCALE 111=50, Cl/ WEST 114 CORNER SECTION 20,T18, R8E FD T PCHD BCH DETAIL L SCALE: V o 50' DETAIL 0 DETAIL H SCALE: 1"=50' SCALE lfl=50' QD Ce 421 LANA TRACT I C7 Ce co om�l J. w D HL DETAIL M CID DETAIL N SCALE 11=50, A,� ce DETAIL I S 26 SCALE 1' 501 4 C9 C10 C20 BID C21 4,?s CADTEMMIAN MR 71 tI�; 5GALL I I=200' + UAIL 04/02/2025 JU13 NUMBILK 0 200 400 9 WP#235498.01 �6�� � MEI Horz. 1 in. = 200 ft. 9 3 OF 17 Woccl,Panel&Assodates Inc. Gwil Engineering WaterRewums I-and Sumy ?ols '44 TRACT I W2.MM cl pe, 54 .5 91 53 S- a 52 P� C6, � N$- A� 1�y r5i 51 "so, *% rao 14 14' Q3 33' SVr 50 1�p FA 49 48 �0� \ < to ff�, -�- ce) w 41 oc) U) rst 42 < LL TRACTI 7 43 Z! 0 44 of Z m 'd 0 0 45 CP. C? < 133' SVT LL 46 PARCELA to PHASE 3 COMMERCIAL 47 FEE 2024 03 5 1 -061061, PCR \Ik 33 so TRACT M Itss 32 40 out. js 8 39 33'SVT 31 *S- I r � jz 38 13 1 C& rs 317 ON $14 A%'\qI 30 36 o %, 35 % to 000 34 00 29 N V LANA 33' SVr 00 M 7A lsl- 100 Y w DIEHL 0 2,83' 14'14"� 00 28 33'SVr a 00 I 6i\ Q3 - 8% goo A, ter,cob- OTS z s 26 N CAL) TECHNICIAN BJD L=33.47' MR 00 100 V= 30' UAIL + 04/02/2025 I JU13 NUMBEIR 00 0 30 60 9 WP#235498.01 MATCH SHEET 14 100 gISHELI 4 OF 17 Horz. 1 in. = 30 ft. 9 l'a OA Woccl,Panel&Assodates Inc. Gwil Engineering WaterRescums I.and Sumy W2.3M,M C, we.eoodpatemm Oros TRACT I ..o 61 'qbS In 60 C37 -pp 59 C38 58 62 (P to 57 < i�4 w 56 -.ctoT 55 63 < -A T 9 LL m 68 aff qs 69 C6 0 L 64 m �O '6, 70 Cal�osp I& P� 30sp 30. 4- 1 � 59 < 71 LL e�j 0 eS'S, Cp 65 j 72 V�t E� art, 4 73 33'SVT IS 66 ile 28\.28, 74 act. 05'S�T�e 67 iz TRACT L (P. UP, 81 28,28- eS 33'SVT 0 80 % 14.14, 1 0 er� 79 O� 11 NIS 78 �b� 82 UO I 1� IN "Nit. 44 77 0 �)'�ZNT 'go 76 Is, e6l fp o-fsL>l,-- T 28.28' \0 Ora% bs A 33'SVr r5i�p i�"5 .eSgls 14.14' 4Z� I '51 BJD CAL) TECHNICIAN MR 1 30' UAI L 04/02/2025 JU13 NUMBLIK 0 30 60 9 WP#235498.01 SREET— Horz. 1 in. = 30 ft. 9 5 OF 17 m Woccl,Panel&Assodates Inc. Gwil Engineering WaterRewums I-and Sumy Manapanad W2.MM �.VSVT he 4 0�ON 0-0 4-00 as�� 1151 Igslc� � 4R� 21 56 22 0\0 tog 23 (P� Vol 1� 24 L 25 Ora 26 S to 0 "Jig 33, SVT iloo - Q6 A O;torl 27 S, -331, set 39.60, < 2.83' �L=34.20' TRACTJ ce) 7 v4 w U) 13 ra,\ 28.28' k-� A J 20 Z! 0 z 12 of m 19 18 16, 14 14' INT 18 < L S LL W Ilk TRACTO 0 17 j P� IM t;�4 cP 33 �11 18 15 10 14 a" A�k� to be CP 9 2 �,51 74, 3 ov 4 S 8 4's 5 ^11 6 C33 7 Olt 9 TRACT G TRACT G �p LANh Ce 00 0 om�l J. J2 w DIEHL 0 4e ,?31 A.� s 26 AfA war* 00 Ls Eei Tell 00 CAUTEMMIAN BJD %* �<qoo MR I* 33'—S—,� 100 V7- 100 1,= 30' L82 UAIL + JU13 NUMBILK 04/02/2025 0 60 9 INN 235498.01 �ii I I MEET— Horz. 1 in. = 30 ft. 9 u OF 17 m Need,Patel&Assmatm In CMI Entlineenng Naer Resenm Land&my Ccnstr�cfion Manageme- 602.335.8500 14.W %0 00 00 CP 33' SVT 28.28' 7 400 ct 83 a- 000 ;&*,A '1jaIt es 88 1b, 58 100 89 $000 N't 84 fp go 00 000 ig 91 k 1000 rp. rs I., 1515 -k- 85 92 k a 93 33'SVr 1�� 86 94 `a, D 1% tl� < 87 ce) TRACT K w < 101 �e ;ar () p H­ 00 Z 28.28' 33' SVT 100 99 C6. 10 L57 TRACT I ca 98 f, 97 33, 0 to ®r v 0 w 4>0 Ila .CA 96 95 16. 1�1'51 0 1 51 P 28.28' 51 r5i 33P SVr 14.141t S�j. eLljV 5s NT 5' X/ 102 �,Sds 103 ZLqj tP 104 ps rR vr V 105 e6l �,Sso L90 $4 14.14 f3es 33' SVT� 33' SVT 106 to N 000 28.28111 ,11. 161 1 00 107 'S. lop 00 TRACT H 00 232 00' 000 LANA re DIEHL v Opp -UP �000 410 00 A,Q 100 EX sv/. 00 0000 N 00 + 00 CAD-T-E CH-IN I G I A IN BJD MR b(;ALL UAIL 1 30' 04/02/2025 0 30 60 ;9 WP#235493,01 Horz. 1 in. = 30 ft. 7 OF 17 00 Need,Patel&AsswatesI In CmEngineenng WalbarlResel Land&my 00 Constr.cion Manageme- 6, ,,. ,!00 .0. foo 'Ad 41 so C3j C2? 00 tK 100 **#\ � 1� 111"' 115 ce X� ftftoo 116 3 117 118 1p. 119 bra If �o 126 120 125 < w U) 124 PUI < 4iC, SEE DETAI SHEET 15 raz vp < 123 121 () o TRACT A .6%57 n 0 �i U) Fk 7 MATCH SHEET 14 0 �PO� ?to co 122 rii -aL 0 146 33 439 147 7\ 148 00 7�\ NNI, 01 149 150 ICI., 60 C49 151 s"s, 33'S 469 100 00 152 LANA 416 cfe/ 00 DIEHL IV qS. TRACTB 00 100 0�0 CRECREUST— BID 00 CA—D—TECHNICIAN 00 MR 00 00 100 b(;ALL lq =30' 00 + DATE— 04/02/2025 10 00 JOUNDWILK 0 60 ;9 WP#235493,01 9REEr— Horz. 1 in. = 30 ft. 8 OF 17 \3 % P clo Wood,Patel&AnI In CMI Engineenng C/, Naer Resenm Land&my C7 Ccnstr�cfion Manageme- 602.335.8500 JOI 400 oo ,�� TRACTF rn 000 00 PUFE(TYP) 00 SEE DETAIL SHEET 15 134 C� 0 00 00 Z13 108 to 6 �o 109 0*0 1 qoo Irp :doo 1 135 N's 110 9 112 136 < ce) 113 w U) < 133 OX C45 33'�� 114 < t32 �e ;ar 132 C46 () 0 0 131 40 0 �i 33'SVr U) F� 130 co 129 TRACTF WC ;$A 128 137 t I 127 d' 138 00 00 139 ,,rrrs 00 140 qs 00 00 00 141 00 00 142 cr 00 143 144 2a ",,,,er LANA 00 re 145 DMMN J, D DIEHL IEHL 00 00 CRECREUST— CAW—TEMMICIAN BJD MR b(;ALL lq =30' + UAIL 04/02/2025 60 WP#235493,01 m"""I 9=— Horz. 1 in. = 30 ft. 9 OF 17 100 00 100 Wood,Patel&Awmatm In 40 CMI Engineenng 100 �AFP Naer Resenm 100 t� Land&my 00 7A Ccnstr�cfion Manageme- to 602.335.8500 00 00 00 160 cn 159 ce Q0 Vt, SO' c& 158 00 00 157 00 op 000 156 G, wp 000' fp. 155 153 00 001 S 00 00 100 re 40 14\ \ \� I 1� c� , J� ofi 00 Ais Nq 154 < PUFE(TYP) 180 ce) SEE DETAIL w SHEET 15 U) < &L < j051 181 0 < svr �e ;ar 0 �4 Z43 1- 182 0 0 z Nq �i 183 U) F� �j LL U) TRACT B 184 ca 190 189 7 03 �; NtS 00 185 00 187 100 (p. S 00 00 0 00 00 �1 400 400 186 1� LANA V� Go 9 re 00 DnIMNJ, 00 DIEHL 00 A.0 k/& 33, � 1� CRECREUST— svp 00 BJD 0 CAD TECHNICIAN MR 40 MIT— lq =30' 000 UAIL 04/02/2025 0 30 60 ;9 WP#235493,01 Horz. 1 in. = 30 ft. 10 OF 17 00 000 m 100 00 Wood,Patel&Assmatm In 00 CMI Engineening 40 Naer Resenm 0I Land&my 00 Construcion Manageme- 100 f,\ 400 s000 100 00 00 100 TRACTF 00 ,v 00 168 rp 167 rp 00 00 166 j iz"o 00 C47 00 165 00- 1� 1� I d3 �PQ9�, �\ Nes Nf3b. 100 00 164 b1 S 169 163 < w 146 NIS co < < 162 s < ofol 0 161 170 Nis S NIS 0 �i U) F� 173 'N et� �0- CA co Ha ON 171 174 %Wo 175 r R1 Is T 172 000 176 177 CF F 178 400 bi. 195 179 PUFE(TYP) CA 194 SEE DETAIL SHEET �p CA I& 193 of� too bk- 00 '00 192 LANA re DIEHL V 0 191 1� Cb, �10, 00 100, 010& UPI 2a CRECREUST— CAD—T-ECRINIGIAN BJD 00 MR 100 40 b(;ALL lq =30' 00 DATE- 04/02/2025 100 JOUNDIMILK 00 0 60 ;9 WP#235493,01 9REEr— Horz. 1 in. 30 ft. OF 17 01 01000, ON$4 100 Wood,Patel&Awmatm In CMI Engineenng Naer Resenm Land&my Ccnstr�cfion Manageme- 00 AT 00 00 "V fp 00 ON Vz, 199 00 **00 ro. 46� 200 00 00 .00 40� 1(3. � 201 00 ��Nft�' Z'05's �� &r- to, A? �03 r cs, 202 �P;Arceel� 33�� 0 05 410 207 s' < 7 ce) C) w PUFE(TYP) U) SEE DETAIL 203 206 < SHEET 15 (L L) 0 205 eb z 0� �i U) F� p LL U) 0 TRACrC '44 N'� co 204 is ;ros qs 0 - ��T q3 AN'o 228 229 230 231 AV \ I�fe CP t7 232 is. LANA Nrs \vo V� TP re a 'H D"m L' A,Q 1 .13' a 10.13' 10.13 BJD 10.13' CAFT—ECHINIGIAN MR lq =30' + UAIL 04/02/2025 0 30 60 ;9 WP#23549B.01 ggnT Horz. 1 in. = 30 ft. 12 OF 17 C1,9 Wood,Patel&Assmatm In CMI Engineenng Naer Resenm Land&my 000 Ccnstr�cfion Manageme- oe, 602.335.8500 le fal�p Z6? 1.50p 214 33'sI,7 00 S 100 100 �p �a 0 00 Nis 0 s Z5.2 215 voo 100 -Fp VOI (P 10 a- 0 S., 216 0 00 � - 'A 213 t. a— TP 00 TRACT D call 217 < 196 w '0,0 U) ��so < 197 212 C1 () o cop 01­ 218 A z % 198 0 �i U) F� 1A 0 Nit 'brs LL U) od 0 N co '8 1z Ll 05, 219 211 Z3, 5550 NT 59 9 210 ,,,rt (P \(p. 209 220 208 PUI 221 Nis NtS s NT SEE DETAIL SHEET 15 VA 222 q� �eS�Te, qqjl�� Ns ta N% Cori to 223 TRACT V S, 224 N LANA 225 V� re D EH I 226 A.U up a 227 CREUKEUST— BJD CAUT—ETH—NIGIAN MR b(;ALL iq =30' DATE- 04/02/2025 0 60 ;9 WP#235493,01 OF 17 Horz. 1 in. 30 ft. I I MATCH SHEET 4 Wood,Patel&Awmatm In cP a, CMI Engineerung WalbarlResenm Land&my Ccnstr�cfion Manageme- 602.335.8600 TRACT 0 ON 16 DETAILA THIS SHEET %% t2o, PARCELA �p F— L139 Co PHASE 3 COMMERCIAL FEE 2024-061061, PCIR L141 z r5S C-58 Cl C55 TRACTT Z-� 4 DETAILA 14.? C51 3318 SCALE: 10= 10' C57 C24 rV ce) w L144 F U) < —j WE W < 0 :zp Oo of Z LP 0 �i U) Fm� NO LL U) NIS 0 —i co =110T TRACT U ,VS90 LAN \IrICV� 2 MAN J, DI HIL �I? 0 A.0 fp up a 26 COD CHECKED BY BJD CAL)TECHNICIAN MR— b(;ALL UAIL lq =30' 04/02/2025 JOUN(WEIR 0 60 ;9 WP#235498.01 �% 1 9 1 9RIT7— Horz. 1 in. 30 ft. 14 OF 17 m z Wood,Patel&Assmatm In ciml Engineenng Naer Resenm Land&my Ccnstr�cfion Manageme- 3T OFFSITE STREET MIN co t-u REAR LOT LINE REAR& w Ll MIN L co 11.5' i MIN FROM SIDE LOT LINE &LOT WALL FMTOPL TO PUFE 51 S/W 16' 9 ." -1 13 51 si SSIDE -RM&BIG P -1 L �- Ls� — — =a—w 1 71 6 SIDE PLIFE SETBACK SETBACK 13 VSIDE 5' SIDE PUFE TSIDE SETBACK- 6SIDE SETBACK —T E: z d. SETBACK I' SIDE M 1- 5-S/W PIW& BIC r p PUFE 2 tSI 2SIDE YARD AGAINST STREET 7- SETBACK Ir,'j 5' SIDE SETBACK SETBAACK < �2 N E3 NOTE 3 t,. 71 -47 IF ILL! FRONTLOI LINE 2 PRIVATE STREET z FRONT U 0 LOCALSTREET SETBACK(NOTES 1-2) NOTES tlTFRON� I )T LINE 1. LOTMINIMUMWIDTH WILLBE ESTABLISHED AT 5' FROM BACKOF CURB. 13' FR.N 2. SETBACK TO FACE OF GARAGE FOR LOT SIZE 3T X 81' SHALL BE FFROM \4\iog�eol LOCALSTREET 6L I I(NU I LS 1-2) TRACT& SIC; SETBACK TO FACE OF GARAGE FOR LOT SIZE 43X 100'SHALL NOTES BE 20' FROM TRACT& B/C. 1. 13' FROM PROPERTY LINE (BACK OF CURB) TO LIVING AREA OR SIDE NOTES ENTRY GARAGE 20' FROM BACK OF SIDEWALK TO FACE OF GARAGE DOOR. 1. 1TFROM PROPERTY LINE (BACK OF CURB) TO LIVING AREA OR SIDE TYPICAL LOT LAYOUT 37'X81' & 43'X100' 2. LOT MINIMUM WIDTH WILL BE ESTABLISHED AT 13' FROM BACK OF CURB. ENTRY GARAGE 20' FROM BACK OF SIDEWALK TO FACE OF GARAGE DOOR. GREEN COURT (ALLEY LOADED) 3. 8' W X B' D EASEMENT, CENTERED ON LOT LINE FOR UTILITY 2. LOT MINIMUM WIDTH WILL BE ESTABLISHED AT 13' FROM BACK OF CURB. < APPURTENANCE TO BE ESTABLISHED BASED ON DRY UTILITY DESIGN. SRP 3. 8'W X B' D EASEMENT, CENTERED ON LOT LINE FOR UTILITY m N.T.S TRANSFORMERS TO BE LOCATED BETWEEN DRIVEWAYS ONLY. APPURTENANCE TO BE ESTABLISHED BASED ON DRY UTILITY DESIGN. SRP U-1 4. NO GARAGE ENTRY FROM SIDE STREET. co TRANSFORMERS TO BE LOCATED BETWEEN DRIVEWAYS ONLY. < TYPICAL LOT SETBACK DETAIL AT ENTRY STREET N.T.S TYPICAL LOT SETBACK DETAIL 0 0 LOTS 50'XI25' & 601X1351 (FRONT LOADED) z N.T.S z 0 �i U) F� LL U) 0 -i DO RAN LINE LOTLINE 8'x8'PLIFE 4t 4- L + - J 8'X8' PUFE BOX DETjUL LAN Go 2� BRI NJ, re Di HL ko a CRECKEUET- BJD CAD-T-ECHNICIAN MR 6(;ALL UAIL iq =30' 04/02/2025 WP#235498.01 15 OF 17 LWETABLE LME TABLE LINE TABLE CURVE TABLE CURVE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE CURVE DELTA RADIUS ARC CHORD BEARING CHORD CURVE CHORD 19,69, C59 -1 N30037'38!E 4.92' L60 S69006'48"E 2828' L118 N59025'22"E 96A6, ci 691 VOT 182.50' 19.70' S79046'40"W 65.08, L2 S69006'48"E 35.36' L61 N25035'13"E 25ST L119 N69029'30"E 148.80' C2 9001'14� 2065.00' 325.11' N70023'4TE 324,77' Cryo 12,96' Wood,Patel&Assmatm In L3 S65052'5lwVV 42.04' L62 S21001'21flW 42,53' L120 S59025'22"W 89.65' C3 31019'56" 24.00' 13.12' N08026'50'W 1196' CMI Engineenng Naer Resenm L4 S24006'48"E 32.00' L63 N76027'57"W 24.43' L121 S1905249"E 159.oT Cal 31019'56" 24.00' 13.12' S08026'50"E 12.W Land&my Ccnstr�cfion Manageme- L5 N65053'32E 42.04' L64 320953'12NW 28.28' L122 N69056'51"E 167.52' C5 31619'56" 24.00' 13.12' 839046'4FE 12.96' L6 S24006'48"E 23,00' L65 N69006'48*W 42.43' L123 N7004427"E 138.28' C6 1 31019'56" 1 24.00' 13.12' 1 N39046'46'W 12.96' L7 N73048tSM 25.87' L66 N20053'12"E 28.28' L124 S59043'10"W 74.53' C7 2705445" 100.00, 48.72' N07042'3TE 48.24' L8 NW5722"IN 32.48' L67 S69OW48"E 28.28' L125 N69043'27flE 93.3T C8 6949'11' 84.50' 10.06' 318015'17"W 10.05, 9 C9 5100zlo" 100.00, 89.13T N40021'WE 86,16' -9 N200531TE 28.28' L68 N20053'12"E 28.28' L126 S69007'32"W 30.80t L10 N69*06'48"W 28.28' L69 N69006'48V 28.28' L127 N60015'39n E 27.OT Cio 51002'10" 100.00, 89.07" N8803523"W 86.16' L11 N24006'48"W 32.00' L70 S5903505"E 45.61' L128 S69029'30"W 148.81, Cil 7906'46" 84.50' 10.49' S66037'41"E 10.48' L12 N200531TE 28.28' L71 S6900648"E 42.43p L129 N28020'48*W 159.07' C12 2605648" 100,00, 47,09' N56041'40'W 46.65' L13 N69*06'48"W 28.28' L72 N21019'44"E 28.50' L130 S27031'09"E 207,33' C13 1 31019'56" 1 24.00' 13.12' 1 N0802F50'W 1196 L14 124�06'48"W 32.00' L73 S200531TW 42.43' L131 N19003'17wW 126A4' C14 31019'56" 24.00' 13.12' S08026'50PE 12.96 L15 N200531TE 28.28' L74 N69006'48M 42.43' L132 S13*34'19"E 117.89' C15 3119'56" 24.00' 13.12' 53904646"E 12.96' L16 N69*06'48"W 28.28' L75 S6900648"E 42.43' L133 N31027'21*W 49.7 C16 31019'56" 24.00' 13.12' N3904646'W 1196' L17 865053'12M 56S2' L76 S200531TW 42.43' L134 N8004644"E 27.37 C17 90000,001, 25.00' 39.2T N200531TE 35.36, L18 N24*06'4B"W 32.00' L77 N59052'21"E 99.62' L135 S59052'31"W 71 AF C18 WOOTO" 25.00' 39.27' NW0648"IN 35.36' L19 N200531TE 28.28' L78 3200531TIN 42.43' L136 N65053'12"E 27.22' C19 31019'56" 1 24.00' 13.12, 1 NW265M 12.W L20 N28054'02"W 17.96' L79 S200531TW 42.43' L137 sgo*onD"E 13,001 C20 3101956" 24.00' 13.12' 808026'5TE 12.96' L21 N75051'51*E 21.00' L80 S68026'00"E 30.74' L138 NOOOOO'00"E 13.501 C21 31019'53" 24.00' 13.12' S3904646"E 12,96' L22 N3003TWE 17.08' L81 N690064M 42.43' L139 S90000'00"E 64.01T 022 20018'25" 232.W 82.40' N7701 1'2�rlm 81.97' < m LU L23 N6900648"IN 42.43' L82 S200531TW 28.28' L140 SOOOOO'00"W 13,18' C23 9058'40" 511.50, 89.07" S19007'29"E 88.96t U) < < L25 S20053'12w* 42.43' L83 S690W48"E 28.28' L141 N21042'50"E 28.69' C24 87020'37" 4,50' 6.86' N43040'19RE 6.21' L26 320053'12ffW 42.43' L84 5140281TIN 24.95' L142 568W18"IE 28.00' C25 9058'40" 488.50' 85.oT S190072TE 84.96' < a. ;ar () o L27 N69006'48"W 42.43' L85 S62041'49"E 24.95' L143 N00000'00"E 13.75' C26 9058'40" 500.00t 87.OT S19007'29NE 86.96t 0 0 1­ z C27 90000,001, 105.82' 166.2Z N69*06'48"W 149.65t L28 S69006'48"E 42.43' L86 N65053'12"E 30.00' L144 S90000'00"E 73.00' L29 N69006'48wW 28,28' L87 N19010'39ffW 135.0Z L145 N65053'12flE 44.2r C28 180000'00" 94.82' 297.89' S65053'12"W 189.64' Z 0 0 U) F� L30 N200531917E 28.28' L88 869959'5FW 164.99 L146 S24006'48"E 24.50' c2q g000no,, 105,82' 166.22' S20053'12wW 149,65' LL V) 0 L31 820053'12wW 28,28' L89 N69006'48wW 42.43' L147 S21042'50"W 7.89' C30 71001'09" 121.&2' 15100' S11023t46V 141.52' -1 I I CCI L32 N6900648"IN 28.28' L90 S18043'16"E 120AT L148 S65053'12"W 26,49' C31 7701 0,01n 121.82' 164.0T S14028'12V 151.95' L33 S24006'48"E 26.00' L91 N32040'46*W 61.W L149 S21053'12"W 5.53' C32 6202r44" 121,82' 132.81' N700OZ58'W 126,33, L34 N650531TE 36.00' L92 N2000TOM MAT L150 N04046'29V 9.62' C33 g000no,, 10.00, 15.71' S69006'48"E 14.19V L35 S69006'48"E 28.28' L93 S3003438"E 77A1' L151 N90000'OOwW 9.70' C34 90000,001, 40.00' 62.83' S69006'48"E 56.57, L36 S66905'15"E 29.74' L94 S20003'09"E 145.1r L152 N21053'12"E C35 g000no,, 10.00' 15.71' 820053'12"W 14.W L37 S20053'121N 28.28' L95 N30034'38V 77AV C36 90OOnO" 40.00' B2.BT S20063'12wW 56.57' L38 S20053'12M 28.28' L96 S3805eV24"E 13.921 C37 90000,001, 10.00t 15.71' N69006'48"W 14.14' L39 N69*06'48"W 28.28' L97 N14043'00"W 51.76' C38 90*00,001, 40.00' 62.8T N69*06'48,W 56.57' L40 S69006'48"E 28.28' L98 859925'2TW 89.65, C39 2903Z29" 150,00' 77,34' N09020'34'W 76.49' L41 S20053'12M 28.28' L99 N69056'51"E 147.69' C40 2903Z29" 162.00' 83.53' N09020'34"W 82.60' L42 520053'12wW 28.28' L100 N59025'27"E 82.29 C41 10929'05N 138.00' 25.25' N00011WE 25.22' L43 S69006'46"E 28,28' L101 N57028'12"E 130.08' C42 26000'11" 162,00' 73.5Z S07034'25"E 72.89' L44 82005312mW 39.60' L102 N20023'49ffW 92.&Y C43 2903229" 150.001 77.34' S09020'340E 76.49' L45 S20053'12"W 42.43' L103 S2605r27"E 131.W C44 24033'19" 1 138.00' 59.14' 1 S06050'59NE 58.69' L46 N69006'48"W 28.28' L104 S540421TW 36.01' C45 90600,001, 10.00' 15.71' N69006'48'W 14.1T L47 S20053'12wW 28.28' L105 S69036'11"W 191.02' C46 g000m, 36.00' 56.55, N69006'48'W 50.91, L48 320053'12V 28.28' L106 N73034'19"E 72.85' C47 90000,001, 10.00, 15.71' N200531TE 14.14' LAN L49 S20053'121N 28.28' L107 N60027'01"E 119.19, C48 90600,001, 36.00' 56.55' N20953'17E 50.91' 2 re DnIMN J, L50 N69006'48"W 28.28' L108 S2001347"E 147.96' C49 BOOM" 10.00, 15.71' N690064M 14,14' DI L L51 N20053'lrE 28,28' L109 S20023'06"E 195.5y C50 90000,001, 11 10.00' 15.71' S2005312FIN 14.1T A,Q L52 S69006'48"E 28.28' L110 S900W00"E 2.90' G51 90000,001, 10.00t 15.71' S69006'48"E 14.14' a L53 S20053'12M 28.28' 1-1111 N16002'34wW 59.00, C52 g000no,, 10,00' 15,71' N200531TE 14.VV L54 S20053'12RW 28,28' Ll 12 800000'OTW 13.501 C53 g000no,, 10.00t 15.71' N6900638"W 14.W CRECREUST BJD L55 N20053'12*E 42.43' L113 N3401 1'20"W 37.W C54 90000,001, 10.00, 15.71' S2005312"IN 14.1T CAT-T-EZ-H-N-Z A-N MR L56 S6990648"E 42.43' L114 S1803924"E 114.16' C55 90000,001, 4.50' 7.07' 1 N45000'WE 6.36' MIT- 1 30' L57 S2400648"E 4.08t L115 N69029'30"E 103.65' C56 14008'09m 4.50' 1.11, N82055'WE 1.11, UAIL 1 04/02/2025 MUM= L58 369006P48"E 28.28' L116 S59052'3ZmW 49.16' C57 90000,001, 4.59 7.07' S45000'00"E 6.36 WP#23549B.01 - - SHEET L59 S69006'48"E 28.28' L117 N69056'51"E 45.53' C53 W749" 4.50' 7.33' S46938-54wE &5T 16 OF 17 LOT AREA TABLE LOT AREA TABLE LOT AREA TABLE LOT AREA TABLE LOT AREA TABLE LOT NO. LOTAREA LOT AREA LOT NO. LOT AREA LOT AREA LOT AREA LOT AREA LOT AREA LOT AREA LOT AREA LOT AREA TRACT AREA TABLE SQUAREFEET ACRES SQUARE FEET ACRES LOT NO. SQUAREFEET ACRES LOT NO. SQUARE FEET ACRES LOT NO. SQUARE FEET ACRES - TRACT TRACTAREA TRACTAREA USE LOT1 4,250 0.0976 LOT55 4,300 0.0987 LOT109 6,250 0.1435 LOT163 6,250 0.1435 LOT 217 8,100 0.1860 SQUARE FEET ACRES � W LOT 2 2,997 0.0688 LOT56 2,997 0.0688 LOI 6,250 0.1435 LOT164 6,250 0.1435 LOT 218 8,100 0.1860 A 65,116 1A949 OPEN SPACE, RETENTION, PLIFE, DE & PARK Wood,Patel&assmatm In ciml Engineenng LOT 3 2,997 0.0688 LOT 57 2,997 0.0688 LOT 111 6,250 0.1435 LOT165 6,250 0.1435 LOT 219 8,100 0.1860 B 48,694 1.1179 OPEN SPACE, RETENTION, PUFE & DE Naer Resenm Land&my LOT 4 2,997 0.0688 LOT 58 2,997 0.0688 LOT112 6,250 0.1435 LOT 166 6,250 0.1435 LOT 220 8,100 0.1860 C 35,471 0.8143 OPEN SPACE, RETENTION, PLIFE & DE Ccnstr�cfion Manageme- LOTS 2,997 0.0688 LOT 59 2,997 0.0688 LOT113 6,250 0.1435 LOT167 6,250 0,1435 LOT 221 10,195 0,2340 D 26,310 0.6040 OPEN SPACE, RETENTION, PLIFE, DE & PARK LOTS 2,997 0.0688 LOT 60 2,997 0.0688 LOT 114 6,250 0.1435 LOT168 8,175 0.1877 LOT 222 8,100 0.1860 E 16,688 0.3831 OPEN SPACE & PUFE LOT 7 4,300 0.0987 LOT 61 4,300 0.09117 LOT115 6,250 0.1435 LOT169 8,175 0.1877 LOT 223 8,100 0.1860 F 61,103 1.4027 OPEN SPACE, RETENTION, PUFE & DE LOT 8 4,300 0.0987 LOT 62 4,300 0.09B7 LOT116 6,250 0.1435 LOT170 6,250 0.1435 LOT 224 8,100 0.1860 G 69,551 1.5967 OPEN SPACE, RETENTION, PLIFE & DE LOT9 2,997 0.0688 LOT 63 1 2,997 1 0.0688 LOT117 6,250 0.1435 LOT171 6,250 0.1435 LOT 225 1 8,100 1 0.1860 H 21,248 0.4878 OPEN SPACE, RETENTION, PLIFE & DE LOT10 2,997 0.0688 LOT64 2,997 0.0688 LOT118 6,250 0.1435 LOT172 6,250 0.1435 LOT 226 8,100 0.1860 1 206,203 4.7338 OPEN SPACE, RETENTION, PUFE & DE LOT11 2,997 0.0688 LOT65 2,997 0.0668 LOT119 8,675 0.1992 LOT173 8,175 0.1877 LOT 227 8,100 0.1860 1 33,632 0.7721 OPEN SPACE, RETENTION, PLIFE & DE LOT12 2,997 0.0688 LOT 66 2,997 0.0688 LOT120 6,750 0.1550 LOT174 6,750 0.1550 LOT 228 8,100 0.1860 K 33,632 0.7721 OPEN SPACE, RETENTION, PLIFE & DE LOT13 4,298 0.0987 LOT 67 4,300 0,0987 LOT121 6p750 0.1550 LOT175 6,750 0.1550 LOT 229 8,100 0.1860 L 33,632 0.7721 OPEN SPACE, RETENTION, PUFE & DE LOT14 4,250 0.0976 LOT68 4,250 0.0976 LOT 122 8,675 0,1992 1 LOT176 6,750 0.1550 LOT 230 8,100 0.1860 m 33,631 0.7721 OPEN SPACE, RETENTION, PUFE & DE LOT15 2,997 0.0688 LOT 69 2,997 0.0688 LOT 123 6,250 0.1435 LOT177 6,750 0.1550 L 231 8,100 0.1860 IN 91,797 2.1074 PRIVATE STREET, PUFE, REFUSE COLLECTION, DE, I EMERGENCY&SERVICE TYPE VEHICLE ACCESS LOT16 2,997 0.0688 LOT 70 2,997 0.0688 LOT 124 6,250 0.1435 LOT178 6,750 0.1550 LOT 232 11,402 0.2618 0 30,068 0.6903 OPEN SPACE, RETENTION, PUFE, DE & PARK LOT17 2,997 0.0688 LOT 71 2,997 0.0688 LOT125 6,250 0.1435 LOT179 6,750 0.1550 TOTAL 1,313,460 30.15 T 9,546 0.2192 PRIVATE STREET, PUFE, REFUSE COLLECTION, DE, LOT18 2,997 0.0688 LOT 72 2,997 0.0688 LOT126 6,250 0.1435 LOT180 6,750 0.1550 EMERGENCY&SERVICE TYPE VEHICLE ACCESS LOT19 2,997 0.0688 LOT 73 2,997 0.0688 LOT 127 6,250 0.1435 LOT181 6,750 0.1550 U 39,119 0.8981 OPEN SPACE, RETENTION, PUFE, & DE LOT 20 4,250 0.0976 LOT 74 4,250 0.0976 LOT128 6,250 0.1435 LOT182 6,750 0.1550 1 TOTAL 1 855,441 19.64 1 < LOT 21 4,250 0.0976 LOT75 4,250 0.0976 LOT129 6,250 0.1435 LOT183 7,603 0.1745 U-I U) < < LOT 22 2,997 0.0688 LOT 76 2,997 0.0688 LOT130 6,250 0.1435 LOT184 12,287 0.2821 m LOT 23 1 2,997 0.0688 LOT 77 1 2,997 0.0688 LOT131 6,250 0.1435 LOT185 10,125 0,2324 NOTE:TRACTS P,0, R AND S WERE NOT UTILIZED FOR THIS PLAT a. LOT 24 2,997 0.0688 LOT78 2,997 0.0688 LOT 132 6,250 0.1435 LOT186 12,288 0.2821 00 Z LOT 25 2,997 0.0688 LOT 79 2,997 0.0688 LOT 133 8,175 0.18T7 LOT187 9,156 0.2102 LOT 26 2,997 0.0688 1 LOT80 2,997 0.068B LOT 134 6,250 0.1435 LOT188 9,045 0.2076 z 0 0 AREA TABLE U) F� LOT 27 4,250 0.0976 LOT 81 4,250 0.0976 LOT135 6,250 0.1435 LOT189 9,045 0.2076 Lim DO 0 LOT 28 4,298 AREA SQUARE FEET AREA ACRES -i 0.0987 LOT 82 4,300 0.0987 LOT 136 8,175 0.1877 LOT190 9,045 0.2076 DO LOTS 1,313,460 30.15 LOT 29 2,997 0.0688 LOT83 2,997 0.0688 LOT 137 8,175 0.1877 LOT191 9,045 0.2076 TRACTS 855,441 19.64 LOT 30 1 2,997 0.0688 LOT 84 1 2,997 0.0688 LOI 1 6,250 0.1435 LOT192 9,045 0.2076 ROW 297,359 6.83 LOT 31 2,997 0.0688 LOT85 2,997 0.0688 LOT139 6,250 0.1435 LOT193 9,045 0.2076 TOTAL 2,466,260 56.62 LOT 32 2,997 0.0688 1 LOT 86 2,997 0.0688 LOT140 6,250 0.1435 LOT194 9,045 0,2076 LOT 33 4,300 0.0987 LOT87 4,300 0.0987 LOT141 6,250 0.1435 LOT195 10,195 0.2340 LOT 34 4,250 0.0976 LOT88 4,250 0,0976 LOT142 6p250 0.1435 LOT196 8,100 0.1860 LOT35 2,997 0.0688 LOT89 2,997 0,0688 LOT143 6,250 0.1435 LOT197 8,100 0.1860 LOT 36 1 2,997 0.0688 LOT 90 1 2,997 0.0688 LOT 144 6,250 0.1435 LOT198 8,100 0.1860 LOT 37 2,997 0.0688 LOT 91 2,997 0.0688 LOT145 6,250 0.1435 LOT199 8,100 0.1860 LOT 38 2,997 0.0688 LOT92 2,997 0.0688 LOT146 6,250 0.1435 LOT 200 8,100 0.1860 LOT39 2,997 1 LOT93 2,997 0.0688 LOI 6,250 0.1435 LOT 201 8,100 0.1860 LOT 40 4,250 0.0976 LOT 94 4,250 0.0976 LOT148 6,250 0.1435 LOT 202 12,693 0.2914 SITE DATA TABLE LOT 41 4,250 0.0976 LOT95 4,250 0.0976 LOI 6,250 0.1435 LOT 203 10,665 0,2448 A GROSS PROJECT AREA 2,621,000 SQ-FT- 60.17 AC. LOT 42 2,997 0.0688 LOT 96 2,997 0.0688 LOT150 6,250 0.1435 LOT 204 12,693 0.2914 B NETPROJECTAREA 2,466,260 SQ.FT. 56.6 AC. C CURRENT DEVELOPMENT GROSS PROJECT AREA 2,621,000 SQ.FT. 60.17 AC.. T LOT 43 2,997 0.0688 LOT 97 2,997 0.0688 LOT151 8,675 0.1992 LOT 205 8,100 0.1860 D CURRENT DEVELOPMENT NET PROJ ECT AREA 2,466,2660 JQF . 56.61 AC. LOT 44 2,997 0.0688 LOT 98 2,997 0.0688 LOT 152 6,750 0.1550 LOT 206 8,100 0.1860 E CURRENT DEVELOPMENT OPEN SPACE* 754,098 SUFT. 17.3 AC. LANA El ACTIVE OPEN SPACE 754,098 SQ.FT 17.3 AC. LOT 45 2,997 0.0688 LOT 99 2,997 0.0688 LOT 153 6,750 0.1550 LOT 207 8,100 0.1860 E2 PASSIVE OPEN SPACE 0.0 SQ.FT. 0.0 AC., 03 ��g LOT 46 2,997 0.0688 LOT100 2,997 0.0688 LOT 154 8,675 0.1992 LOT 208 8,100 0.1860 F PERCENT OPEN SPACE (EiC) 28.8% DIEHL '.9 0 1 1 1 1 1 1 1 G I PERCENTACTUE OPEN SPACE 100.0% LOT 47 4,249 0.0975 LOT101 4,250 0.0976 LOT155 6,250 0.1435 LOT 209 8,100 0.1860 H FUTURE DEVELOPMENT GROSS AREAI" :SQ:FT AC A.u SO 00 I FUTURE DEVELOPMENT NET AREA ONO SOFT 0.0 AC. LOT 48 4,300 0.0987 LOT102 4,300 0.09117 LOT156 6,250 0.1435 LOT 210 1 8,100 0.1860 1 NUMBER OF LOTS 232 LOT 49 2,997 0.0688 LOT103 2,997 0.0688 LOT 157 6,250 0.1435 LOT 211 12,693 0.2914 K EASTING ZONING MPG L PROPOSED ZONING MPG LOT50 2,997 0.0688 LOT104 2,997 0.0698 LOT158 6,250 0.1435 LOT 212 10,665 0.2448 M GROSS PROJECTI)ENSITY (J/C) CRECREUST- 3.86 DUIGROSS AC BJD LOT 51 2,997 0,0688 LOT105 2,997 0.0688 LOT159 6o250 0.1435 LOT 213 12,693 0.2914 N NEIGHBORHOOD RIGHT-OF-WAY 297,3591 SQ.FT. 1 6,831 AC. CAD-T-ECHNICIAN MR ISUALL LOT 52 2,997 0.0688 LOT106 2,997 0.0688 LOT160 6,250 0.1435 LOT 214 8,100 0.1860 OPEN SPACE WITHIN FUTURE DEVELOPMENT PARCELS NOT INCLUDED IN OPEN SPACE CALCULATION. 1 q =30' UAIL 04/02/2025 LOT53 2,997 0.0688 LOT107 4,250 0.0976 LOT161 6,250 0.1435 LOT 215 8,100 0.1860 OPEN SPACE WITHIN FUTURE DEVELOPMENT PARCELS TO MEET THE REQUIRED MINIMUM PERCENTAGE OF OPEN SPACE AS JIGS NUMULK - SPECIFIED IN THE APPROVED MASTER PLANNED COMMUNITY DOCUMENT. FUTURE DEVELOPMENT PARCEL DEVELOPERS ARE ;9 WP#23549B.01 LOT 54 0.0987] LOT108 8,175 0.1877 LOT 162 6,250 0.1435 LOT 216 8,100 0.1860 REQUIRED TO PROVIDE OPEN SPACE AREA AND PERCENTAGE TO THE CITY AND THE MASTER DEVELOPER WITH THE FINAL SITE SHEET PLAN. 17 OF 17 City of Apache Junction, Arizona 300 E Superstition Boulevard 0 Agenda Item Cover Sheet Apache Junction,AZ Z 85119 Agenda Item No. 7. Piz File ID: 25-259 Sponsor: Kelsey Schattnik Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of approval of the Final Plat for Blossom Rock- Phase 3B in order to facilitate a 288-lot residential subdivision consisting of approximately 63-acres;zoned Master Planned Community (IMPC). City of Apache Junction,Arizona Page 1 Printed on 512812025 0 U Z City ofApache Junction Development Services Department RIZO CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE : June 3, 2025 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUM13ERS : Blossom Rock Phase 3B (SV-23-52) OWNERS : Brookfield ASLD 8500 LLC APPLICANT: Brookfield ASLD 8500 LLC ("Brookfield") REQUEST: Approval of Final Plat for Blossom Rock Phase 3B to facilitate a 288-lot residential subdivision consisting of approximately 63-acres zoned MPC ("Master Planned Community") LOCATION: The property is generally located on the southeast corner of Ironwood Drive and Warner Avenue GENERAL PLAN/ ZONING DESIGNATION: Master Planned Community ("MPC") /Master Planned Community ("MPC.") SURROUNDING USES : North: MPC Blossom Rock future phases South: MPC Blossom Rock Phase 1 East: MPC Blossom Rock Phase 3A West: MPC Reverence at Superstition Vistas "SV-23-52,Final Plat for Blossom Rock Phase 3B" June 3,2025 City Council Staff Report BACKGROUND On October 5, 2021, the City of Apache Junction approved the Auction Property at Superstition Vistas Master Planned Community plan. Most recently Brookfield has submitted a preliminary plat for Blossom Rock Phase 3B which has been administratively approved by staff (the "Subdivision Committee" per the MPC) . Staff has found the proposed final plat to be in conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports . PROPOSALS The Final Plat proposes approval of a 288-lot residential subdivision with typical lot sizes with typical lot dimensions of 50' x 801 , 501 x 1251 and 60' x 135' . The property is generally located on the southeast corner of Ironwood Drive and Warner Avenue. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Master Planned Community" . The proposed density of approximately 4 . 52 du/acre is consistent with the City of Apache Junction' s General Plan and density limits as established by the Auction Property at Superstition Vistas Master Planned Community plan. Infrastructure Improvements: Road improvements and necessary utility infrastructure improvements will be built and dedicated to the city prior to the final inspection and approval of any individual residential lots . Furthermore, all other necessary on-site improvements, such as community amenities, retention basins, accessible routes, and landscape buffers, will be built during the first phase of on- site construction. ,,SV-23-52,Final Plat for Blossom Rock Phase 3B" June 3,2025 City Council Staff Report 2 PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed Final Plat for Blossom Rock Phase 3B, because of its conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports, and respectfully recommends that the City Council to approve such request. --------------------------------------------------------------- RECOMMENDED MOTION FOR FINAL PLAT I move that the Apache Junction City Council approve SV-23-52, Final Plat for Blossom Rock Phase 3B, as requested by Brookfield (owner and applicant) , for a 288-lot residential subdivision, generally located on the southeast corner of Ironwood Drive and Warner Avenue . Y'041ey Schawn�k Prepared by Kelsey Schattnik Principal Planner Attachments : Exhibit #1 - Final Plat for Blossom Rock Phase 3B "SV-23-52,Final Plat for Blossom Rock Phase 3B" June 3,2025 City Council Staff Report 3 DEDICATION WARNER AVENUE (ALIGNMENT) STATE OF ARIZONA FINAL PLAT WOOD COUNTY OF MARICOPA FOR PAT E L KNOW ALL MEN BY THESE PRESENTS: BLOSSOM ROCK PHASE 3B -Mi THAT BROOKFIELD ASILD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS OWNER, DOES HEREBY PUBLISH THIS FINAL PLAT FOR "BLOSSOM ROCK PHASE 313", A PORTION OF THAT CERTAIN PARCEL OF LAND RECORDED IN FEE NUMBER A PORTION OF THAT CERTAIN PARCEL OF LAND, RECORDED IN FEE NUMBER 2020-137555, 2020-137555, PINAL COUNTY RECORDS (PCR), LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA PINAL COUNTY RECORDS (PCR), LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, Wood, Patel&Associates, Inc. AND SALT RIVER MERIDIAN, APACHE JUNCTION, ARIZONA, AS SHOWN HEREON AND HEREBY DECLARES THAT THIS PLAT SETS OF THE GILA AND SALT RIVER MERIDIAN, APACHE JUNCTION, ARIZONA LU Uj FORTH THE LOCATION AND GIVES THE DIMENSIONS OF THE LOTS, TRACTS,STREETS AND EASEMENTS CONSTITUTING SAME, > 2E Civil Engineering Water Resources AND THAT THE LOTS, TRACTS AND STREETS SHALL BE KNOWN BY THE NAME, NUMBER, OR LETTER GIVEN TO EACH. N Land Survey 0 CTION 20, < Construction Management OWNER HEREBY DEDICATES AND CONVEYS TO THE CITY OF APACHE JUNCTION, IN FEE, ALL REAL PROPERTY DESIGNATED OWNER ENGINEER 0 M 0 TIS, R8E < 602.335.8500 ON THIS PLAT AS "RIGHT-OF-WAY" OR "R/W" FOR USE AS PUBLIC RIGHT-OF-WAY. 3: 0 BROOKFIELD ASLD 8500 LLC WOOD, PATEL &ASSOCIATES, INC. 0-1 0 www.woodpateI.com 14648 N SCOTTSDALE ROAD., SUITE 290 1630 SOUTH STAPLEY DRIVE -SUITE 219 0 EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. SCOTTSDALE, ARIZONA 85254 MESA, ARIZONA 85204 < PHONE: 602-903-7506 PHONE: 480-834-3300 OWNER HEREBY GRANTS TO THE CITY OF APACHE JUNCTION A PERMANENT, NON-EXCLUSIVE EASEMENT OVER, ACROSS, CONTACT: ERIC J. TUNE, P.E. CONTACT: DAN MATTHEWS, P.E. UNDER AND UPON ALL AREAS DESIGNATED ON THIS PLAT AS SIGHT VEHICULAR TRIANGLE ("SVT") FOR THE PURPOSE OF ESTABLISHING AREAS WITHIN WHICH NO LANDSCAPING MAY BE INSTALLED OTHER THAN GROUND COVER, FLOWERS AND VICINITY MAP GRANITE LESS THAN 3 FOOT (MATURE) IN HEIGHT, AND/OR TREES WITH BRANCHES NO LESS THAN 8 FEET ABOVE GROUND, NTS WHICH TREES, IF ANY, MUST BE SPACED NOT LESS THAN 8 FEET A PART. BASIS OF BEARING TRACTS P, Q, R AND S ARE NOT TO BE CONSTRUED TO BE DEDICATED TO THE PUBLIC OR CITY, BUT WILL BE DEEDED TO THE THE BASIS OF BEARING IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK RESIDENTIAL ASSOCIATION, AS APPLICABLE, FOR ITS USE AND SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, HAVING A BEARING OF NORTH 89 DEGREES 46 RAY AVENUE ENJOYMENT AS MORE FULLY SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND SAID MINUTES 59 SECONDS EAST. ORGANIZATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE THEREOF. OWNER HEREBY DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE PUBLIC UTILITY AND FACILITY FLOODPLAIN INFORMATION NOTES (CONTINUED) EASEMENTS, AS SHOWN ON THE SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL 3. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO THE CITY OF APACHE JUNCTION, IN FEE, FOR THE CITY'S SUBJECT PROPERTY LIES IN FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP (FIRM) PANEL NO. DRAINAGE PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT PLANS USE AS PUBLIC RIGHT-OF-WAY, THE DEDICATION OF REAL PROPERTY MARKED AS PUBLIC UTILITY AND FACILITIES 04021 CO200E DATED DECEMBER 4, 2021 AND FLOOD ZONE X (SHADED) PER LOMR 21-09-0194P EFFECTIVE AND, EXCEPT AS MAY BE APPROVED BY DEVELOPMENT SERVICES ENGINEER, FENCING WILL EASEMENTS IS A DEDICATION OF A PUBLIC UTILITY AND FACILITIES EASEMENT TO THE CITY, WITH SUCH DEDICATION DATE OCTOBER 22, 2021. OTHER AREAS OF FLOOD HAZARD ZONE "X" IS DESCRIBED AS- "AREAS OF BE LIMITED TO WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT IMPEDE WATER FLOW INCLUDING THE FOLLOWING USES- TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, REPAIR, RECONSTRUCT, REPLACE, MINIMAL FLOOD HAZARD." OTHER AREAS OF FLOOD HAZARD ZONE "X" (SHADED) IS DESCRIBED AS: "0.2% OR COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW. VEGETATION SHALL NOT BE REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED TO, WATER, WASTEWATER, GAS, ELECTRIC, STORM WATER, ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1%ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH LESS PLANTED NOR ALLOWED TO GROW WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION PIPES, CONDUIT, CABLES, AND SWITCHING EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN ONE SQUARE MILE." BASINS WHICH WOULD IMPEDE THE FLOW OF WATER. SIGNAL LINES, TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES, AND CABLES, FIRE HYDRANTS, STREETLIGHTS, 4. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL BE THE STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, PUBLIC TRANSIT FACILITIES, RESPONSIBILITY OF THE BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND ALL APPURTENANCES TO ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FORGOING, NOTES RESIDENTIAL ASSOCIATION, AS APPLICABLE, OR THE OWNER OF THE UNDERLYING LOT OR TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE TRACT. SHOULD THE ASSOCIATION NOT ADEQUATELY MAINTAIN THEM, THE GOVERNING ALTERED IN A MANNER THAT CONFLICTS WITH THE OPERATION, MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS IMPROVEMENTS) AND THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND CURB SHALL BE THE RESPONSIBILITY OF THE BLOSSOM ROCK COMMUNITY ALLIANCE OR LOCATED, AT ITS DISCRETION, MAY ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS TO USE THE PUBLIC BLOSSOM ROCK RESIDENTIAL ASSOCIATION, AS APPLICABLE, OR THE ABUTTING LOT, TRACT CHARGE THE BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK RESIDENTIAL C0 UTILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN. ALL OTHER EASEMENTS ARE OR PARCEL OWNER. ASSOCIATION, AS APPLICABLE, OR THE OWNER OF THE UNDERLYING LOT OR TRACT, CY) THE COST OF THE MAINTENANCE. LLj HEREBY DEDICATED FOR THE PURPOSES SHOWN. UNLESS APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL cf) EASEMENTS CREATED BY THIS PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. 2. CONSTRUCTION WITHIN UTILITY EASEMENTS SHALL BE LIMITED TO UTILITIES, REMOVABLE < 0 FENCES AND DRIVEWAYS. 5. ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE IMPROVED IN r"i ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO THE BLOSSOM ROCK COMMUNITY If WITHOUT LIMITING IN ANY MANNER THE DEDICATIONS AND RIGHTS CREATED IN FAVOR OF THE CITY OF APACHE JUNCTION, < ARIZONA BY THIS FINAL PLAT, THE COSTS OF PUBLIC INFRASTRUCTURE CONSTRUCTED OR INSTALLED IN THE RIGHTS OF ALLIANCE OR BLOSSOM ROCK RESIDENTIAL ASSOCIATION, AS APPLICABLE, AFTER :z- RECORDATION OF THE PLAT. 0 I— WAY OR PUBLIC EASEMENTS OR IN ADJOINING TRACTS SHOWN ON THIS FINAL PLAT, TO THE EXTENT THAT IT IS COMPRISED 0 0 OF CFD-ELIGIBLE IMPROVEMENTS, MAY BE FINANCED WITH, AND BROOKFIELD ASLD 8500 LLC REIMBURSED BY, THE 6. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS PROCEEDS OF BONDS ISSUED BY THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 (CITY OF APACHE OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING Lu JUNCTION, ARIZONA), IN ACCORDANCE WITH THE TERMS OF THE DEVELOPMENT, FINANCING PARTICIPATION AND ORDINANCE, VOL. 11, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE 0 z < INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 (CITY OF APACHE OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. U) 0- JUNCTION, ARIZONA), DATED AS OF OCTOBER 15, 2021, RECORDED IN THE OFFICE OF THE PINAL COUNTY, ARIZONA, U. co < RECORDER, AS FEE NO. 2021-131167, AS AMENDED FROM TIME TO TIME. 7. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL 0 i HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL PLAT ON OWNER HEREBY GRANTS TO THE CITY OF APACHE JUNCTION AND THE SUPERSTITION VISTAS COMMUNITY FACILITIES THE HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN DISTRICT NO. 2 ("CIFID") A PERMANENT, NON-EXCLUSIVE EASEMENT OVER, ACROSS, UNDER AND UPON PARCEL 1 SHOWN ON INTEREST AND/OR BENEFITING PROPERTIES. THIS FINAL PLAT FOR THE PURPOSE OF PUBLIC USE AND ENJOYMENT PROVIDED THAT THE CITY OF APACHE JUNCTION AND THE CFD SHALL HAVE NO OBLIGATION WHATSOEVER FOR INSTALLING, CONSTRUCTING, MAINTAINING, REPLACING, REPAIRING 8. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT THEY OR OPERATING SUCH PARCEL OR ANY IMPROVEMENTS OR LANDSCAPING WITHIN SUCH PARCEL, AND SHALL HAVE NO OWN WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE PROPERTY OBLIGATION FOR ANY CLAIMS ARISING OUT OF ANY PRIVATE OR PUBLIC USE OF SUCH PARCEL, AND PROVIDED FURTHER THROUGH TAX FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR THE GOVERNING THAT (1) OWNER HEREBY EXPRESSLY RESERVES FROM THE FOREGOING GRANT OF EASEMENT, TOGETHER WITH THE RIGHT ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS TO TRANSFER THE SAME, THE RIGHT TO ENTER UPON, USE AND IMPROVE SUCH PARCEL, INCLUDING THE RIGHT TO INSTALL, LOCATED, SHALL ASSESS, LIEN, AND/OR COLLECT FROM ANY SUCCESSOR IN INTEREST MAINTAIN, REPAIR AND REPLACE SUCH IMPROVEMENTS AS IT OR ITS SUCCESSOR OR ASSIGNEE MAY FROM TIME TO TIME AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE OF ALL IMPROVEMENTS, DEEM DESIRABLE, SUBJECT ONLY TO ORDINARY APPROVALS BY THE CITY OF APACHE JUNCTION, WHICH ENTRY, USE AND DRAINAGE FACILITIES, LANDSCAPING AND AMENITIES. IMPROVEMENTS SHALL NOT BE INCONSISTENT WITH, AND SHALL NOT UNREASONABLY INTERFERE WITH, THE FOREGOING EASEMENT, AND (11) ALL PERSONS AND ENTITIES EXERCISING THE FOREGOING EASEMENT RIGHTS SHALL AVOID ANY DAMAGE 9. SIDEWALKS LOCATED OUTSIDE THE PUBLIC RIGHT-OF-WAY SHALL BE MAINTAINED BY THE TO SUCH PARCEL AND ANY IMPROVEMENTS LOCATED AT ANY TIME THEREIN, AND THE FOREGOING EASEMENT IS GRANTED BLOSSOM ROCK COMMUNITY ALLIANCE UNLESS OTHERWISE SPECIFIED WITHIN THE ON THE CONDITION THAT ALL PERSONS AND ENTITIES EXERCISING SUCH EASEMENT RIGHTS, OTHER THAN THE CITY OF MAINTENANCE AND/OR DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND THE APACHE JUNCTION AND THE CFD, SHALL HOLD THE CITY OF APACHE JUNCTION HARMLESS FOR, FROM AND AGAINST ANY AND APPROVALS DEVELOPER. ALL DAMAGES, LIABILITIES OR EXPENSES WHICH MAY RESULT FROM THEIR EXERCISE OF THE FOREGOING EASEMENT RIGHTS. 10. THE CITY OF APACHE JUNCTION IS NOT RESPONSIBLE FOR AND WILL NOT ACCEPT THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND MAINTENANCE OF ANY PRIVATE PARKS, DRAINAGE FACILITIES OR LANDSCAPED AREAS WITHIN NO CFD IMPROVEMENTS THAT ARE BEING DEDICATED TO THE CITY OF APACHE JUNCTION ("CFD IMPROVEMENTS") SHALL BE DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND REGULATIONS AND THAT ASSURANCES THE SUBDIVISION SHOWN HEREON. ALL TRACTS SHALL BE PRIVATELY OWNED AND DEEMED TO BE DEDICATED TO OR ACCEPTED BY THE CITY OR OTHER GOVERNMENTAL ENTITY UNTIL ACCEPTANCE OF SUCH WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. MAINTAINED. EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE DECLARATION OF CFD IMPROVEMENTS BY THE CITY OR OTHER GOVERNMENTAL ENTITY. OWNER HEREBY RESERVES AN INTEREST IN ANY OF COVENANTS, CONDITIONS AND RESTRICTIONS (OR APPLICABLE SUPPLEMENTAL DECLARATION) THE FOREGOING PROPERTY UPON WHICH WHAT WOULD BE "PUBLIC INFRASTRUCTURE"AS SUCH TERM IS DEFINED IN DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE WITH REGARD TO MAINTENANCE BY BLOSSOM ROCK COMMUNITY ALLIANCE, INC. OR BLOSSOM SECTION 48-701, ARIZONA REVISED STATUTES, HAS BEEN OR IS TO BE CONSTRUCTED, INCLUDING THE CFD IMPROVEMENTS. ROCK RESIDENTIAL ASSOCIATION, INC., THE MAINTENANCE OF EASEMENT PREMISES SHOWN EXCEPT IF RELEASED PRIOR THERETO AS HEREINAFTER DESCRIBED, SUCH INTEREST IS TO BE ACQUIRED BY THE CFD. SUCH ON THIS PLAT WHICH LIE WITHIN THE BOUNDARIES OF A SUBDIVISION LOT IS THE INTEREST IS LIMITED TO ONE NECESSARY TO ACCOMMODATE THE FINANCING OF THE ACQUISITION OF SUCH PUBLIC APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF RESPONSIBILITY OF THE APPLICABLE LOT OWNER, AND THE MAINTENANCE OF EASEMENT INFRASTRUCTURE (INCLUDING OF SUCH INTEREST IN SUCH REAL PROPERTY) PURSUANT TO THE AMENDED AND RESTATED PREMISES SHOWN ON THIS PLAT WHICH LIE WITHIN THE BOUNDARIES OF A TRACT IS THE DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT DATED AS OF 120. AND THE CITY COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN RESPONSIBILITY OF THE TRACT OWNER. OCTOBER 10, 2022, AND RECORDED ON OCTOBER 11, 2022, IN THE OFFICIAL RECORDS OF THE PINAL COUNTY RECORDER, AS ON BEHALF OF THE PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER SUPPLY INSTRUMENT NO. 2022-106816 (THE "CFD DEVELOPMENT AGREEMENT"). SUCH INTEREST IS TO BE RELEASED UPON THE AS REQUIRED BY ARIZONA REVISED STATUTES 45.576 OR EVIDENCE THAT THE AREA HAS BEEN DESIGNATED 11. PURSUANT TO SECTION 4.7.13.1 OF THE DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS EARLIER OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE ONLY BY THE CFD PURSUANT TO THE CFD DEVELOPMENT BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED WATER SUPPLY. BETWEEN THE CITY OF APACHE JUNCTION AND D.R. HORTON, INC., A DELAWARE L A/Vj AGREEMENT OR DECEMBER 31, 2056. CORPORATION, DATED OCTOBER 28, 2021 AND RECORDED AS FEE NO. 2021 140530, OFFICIAL RECORDS OF PINAL COUNTY, ARIZONA, DEVELOPER, AND ITS SUCCESSORS AND ASSIGNS CO 23945 BY'.- ATTEST: (WHICH MAY INCLUDE BLOSSOM ROCK COMMUNITY ALLIANCE, INC., OR BLOSSOM ROCK rn (D BRIAN J MAYOR CITY CLERK RESIDENTIAL ASSOCIATION, INC.), SHALL MAINTAIN ANY AND ALL LANDSCAPING INSTALLED HL WITHIN AND ADJACENT TO THE ROAD RIGHTS-OF-WAY WITHIN THE SUBDIVISION SHOWN ON IN WITNESS WHEREOF: THIS PLAT. A, c). ACKNOWLEDGMENT BROOKFIELD ASILD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS OWNER, HAS HERETO CAUSED ITS NAME TO BE CERTIFICATION EXP'IRES 09-30-26 AFFIXED AND THE SAME TO BE ATTESTED BY THE SIGNATURE OF THE UNDERSIGNED OFFICERS THIS STATE OF ARIZONA 1, BRIAN J. DIEHL, OF WOOD, PATEL &ASSOCIATES, INC. HEREBY CERTIFY THAT THIS PLAT IS A CORRECT DAY OF ) 20 SS. REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT CHECKED BY COUNTY OF MARICOPA I HAVE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY CERTIFY TO ITS CN BJD BROOKFIELD ASILD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY CORRECTNESS AND THAT ALL TRACTS AND PARCELS ARE STAKED OR WILL BE STAKED AND ALL MONUMENTS co CAD TECHNICIAN THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 120 BY MR ARE SET OR WILL BE SET WITHIN ONE (1) YEAR AFTER RECORDATION. SCALE BY- THE AND THE NTS DATE t co 04/08/2025 ITS: OF BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, ON BEHALF JOB NUMBER THEREOF. BRIAN J. DIEHL. CN WP#235498.02 REGISTERED LAND SURVEYOR #23945 SHEET BY: NOTARY PUBLIC WOOD, PATEL &ASSOCIATES, INC. 0 Cf 1630 SOUTH STAPLEY DRIVE, SUITE 219 E 1 OF 14 0 ITS- MY COMMISSION EXPIRES MESA, ARIZONA 85204 0 I I N89047'05"E 2643.91' WOOD i SITE MAP LINE TABLE SITE MAP LINE TABLE SITE MAP CURVE TABLE (THIS SHEET ONLY) (THIS SHEET ONLY) (THIS SHEET ONLY) NORTHWEST CORNER AvEN PAT E L SECTION 20,T1S, R8E, FID 3" PCDPW BCH 7NORTH 1/4 CORNER LINE BEARING DISTANCE LINE BEARING DISTANCE CURVE DELTA RADIUS ARC CHORD BEARING CHORD SECTION 20, T1S, R8E -Mi DETAIL A FID 2 1/2" GLO BC L1 N89042'59"E 65.00' L21 S69006'48"E 28.28' 71 001'09" 121.82' 151.00' S1 1023'46"W 141.52' SCALE: 1 50' 1.01 UP L2 N00017'35"W 52.97' L22 S24006'48"E 230.00' r-L30 Wood, Patel&Associates, Inc. POB Water Resources L3 S28054'02"E 17.96' L23 S20053'1 2"W 28.28' LEGEND Civil Engineering Land Survey L4 S59006'44"E 74.66' L24 S33057'22"E 32.48' CORNER OF THIS SUBDIVISION Construction Management L5 N68001'00"E 36.58' L25 S73048'50"E 25.87' SET MONUMENT W/RLS TAG OR CAP 602.335.8500 PARCELA UNLESS OTHERWISE NOTED Ll L28 PHASE 3 COMMERCIAL 0 www.woodpateI.com L6 N1 1037'53"E 84.02' L26 S33030'51"E 119.88' SURVEY MONUMENT FOUND AS NOTED FEE 2024-061061, PCR CENTERLINE MONUMENTATION - SET BRASS CAP L7 N35008'51"E 84.02' L27 S56039'1 4"W 49.58' FLUSH UPON COMPLETION OF PROJECT PER MAG 0 L8 S43005'39"E 84.33' L28 N00017'01"W 6.19' STANDARD DETAIL 120-1, TYPE "B" DETAIL B BC BRASS CAP L9 S24"06'48"E 246.00' L29 N00017'35"W 52.96' THIS SHEET BCH BRASS CAP IN HANDHOLE L8 L10 S20053'12"W 28.28' L30 S89042'25"W 8.00, FD FOUND \ " - -"­'/ GLO GENERAL LAND OFFICE N90c'00'00"E 1101.97' 520 L11 S24006'48"E 32.00' PCDPW PINAL COUNTY DEPARTMENT OF PUBLIC 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 /519 C1 WORKS DETAIL B L12 N65053'12"E 56.82' PCHD PINAL COUNTY HIGHWAY DEPARTMENT SCALE: 1 50' - '�7771A-TRAIC-- 506 507 518 PCR PINAL COUNTY RECORDS _F 517 85 484 -782 - 8-0 �79 78 4777 7 L13 S69006'48"E 28.28' 14 4817 473 PUFE PUBLIC UTILITY AND FACILITY EASEMENT �487 �86 83 6 475 47 472 471 508 516 9 0 DETAIL C 498 POB POINT OF BEGINNING 509 515 THIS SHEET L14 S24006'48"E 210.00' 448 449 450 451 454J 455�456 457 458459 460 461 462 470 510 POC POINT OF COMMENCEMENT 7 PARCELl lui 1 3 463 514 469 511 lui L15 S20053'12"W 28.28' R/W RIGHT-OF-WAY _71�D71- 464 513 SVT SIGHT VEHICULAR TRIANGLE _F 468 _j 447 446 445 444 443 442 441 440 439 438 14371436 4735 434 512 L16 S24006'48"E 32.00' VNAE VEHICULAR NON-ACCESS EASEMENT Uj 7 433 465 10 C\j - 467 DETAIL D m L419 L420 421 '422 423 424 425 426 427 428 429 432 466 L17 S69006'48"E 28.28' f]r� '-zT I ,?-, � THIS SHEET BOUNDARY LINE co -- --- 359 361 LU HERITAGE.PASS 430 358 L18 S24006'48"E 220.00' PARCEL/TRACT/ LOT LINE TRACT P oo 356 357 362 LO SECTION LINE 0 418 417 416 415 F414 F413 412 431 .1 354 355 363f Lf) _j 353 334 333 L19 S20053'12"W 28.28' RIGHT-OF-WAY LINE U) 0 TRACT Q 352 335 < ::) 351 336 EASEMENT LINE AS NOTED r co El 350 1 L20 S24006'48"E 32.00' DETAIL C 4 -2 405 406 407 408 409 410 411 349 338 337 276 DETAILE C 339 r SCALE: 1" 50' 393 1� so THIS SHEET 340 332 94 341 .1 331 275 95 8 342 330 397 96 343 .1 328 329 CY) r4O4 403 02 401 400 399 398 345 344 326 327 273 274 1 FM Lij 4� EO 1 346 324 325 272 4 - 347 271 co 348 323 < < M 1:;T� 322 270 .1 255 IL F 0 1 frf 392 269 �0_ J387 388 389 390 391 THIS SHEET 413 1 Of 321 268 Uj 320 267 256 < LO 319 266 00 257 254 CL DESCRIPTION LU 317 318 265 258 0 __j 316 .1 259 1--- 0 __j 380 311 253 0 0 Uj 0 260 12 CD 3 F84 383 382' 381 312 261 252 A PORTION OF THAT CERTAIN PARCEL OF LAND RECORDED IN FEE NUMBER 2020-137555, PINAL 101� =) 379 Ifor 313 62 251 -7) COUNTY RECORDS (PCR), LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE -,>- 314 7 G-) 263 250 Lu GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS 378 315 264 249 0 FOLLOWS: DETAIL D 75 376 10 TRACT R 248 �33 0 z < SCALE: 1" 50' 105 \Ox 247 234 U) COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 20, A 3-INCH PINAL COUNTY 377 307 306 245 246 236 235 LL U) HIGHWAY DEPARTMENT BRASS CAP IN HANDHOLE, FROM WHICH THE NORTHWEST CORNER OF - 309 308 244 .1 238 237 0 110 310 304 11 .1 239 1 SAID SECTION, A 3-INCH PINAL COUNTY DEPARTMENT OF PUBLIC WORKS BRASS CAP IN HANDHOLE, r372 371 370 369 368 367 366 365 364 00 303 240 BEARS NORTH 00017-35" WEST (BASIS OF BEARING), A DISTANCE OF 2641.12 FEET; 5 - - 301 302 242 241 THENCE ALONG THE EAST-WEST MID-SECTION LINE OF SAID SECTION, NORTH 89042,591, EAST, A 300 PARCEL1 6 243 DISTANCE OF 65.00 FEET, TO THE EASTERLY RIGHT-OF-WAY LINE OF IRONWOOD DRIVE, RECORDED 293 4 297 298 TRACT 299 277 IN SUPERSTITION VISTAS DEVELOPMENT UNITS 1 AND 2 IRONWOOD DRIVE - PHASE 1, RECORDED IN n 278 FEE NUMBER 2022-084916, PCR; POB - - -- - 279 THENCE LEAVING SAID MID-SECTION LINE, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 281 280 00017'35" WEST, A DISTANCE OF 52.97 FEET, TO THE POINT OF BEGINNING; WEST 1/4 CORNER 282 THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF IRONWOOD DRIVE, RECORDED IN 291 290 289 288 287 286 285 284 283 0?lc SECTION 20,T1S, R8E 0 oss� 11 Q$ SUPERSTITION VISTAS DEVELOPMENT UNITS 1 AND 2 IRONWOOD DRIVE - PHASE 2, RECORDED IN FID 3" PCHD BCH 10� FEE NUMBER 2023-023735, PCR, NORTH 00017'35" WEST, A DISTANCE OF 1698.28 FEET, TO THE POC S89042'59"W 793.08' SOUTHWEST CORNER OF PARCEL A, PHASE 3 COMMERCIAL, RECORDED IN FEE NUMBER DETAIL E L27 2024-061061, PCR; SCALE: 1" = 50' Ll DETAIL A THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, ALONG THE SOUTH LINE OF SAID PARCEL A, THIS SHEET NORTH 90000'00" EAST, A DISTANCE OF 1101.97 FEET, TO THE SOUTHEAST CORNER OF SAID PARCEL A; THENCE LEAVING SAID SOUTH LINE, SOUTH 28054'02" EAST, A DISTANCE OF 17.96 FEET; THENCE SOUTH 59006'44" EAST, A DISTANCE OF 74.66 FEET; THENCE NORTH 68001'00" EAST, A DISTANCE OF 36.58 FEET; THENCE NORTH 11'37'53" EAST, A DISTANCE OF 84.02 FEET; THENCE NORTH 35008'51" EAST, A DISTANCE OF 84.02 FEET; THENCE SOUTH 43005'39" EAST, A DISTANCE OF 84.33 FEET, TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE; THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 121.82 FEET, CONCAVE EASTERLY, WHOSE RADIUS BEARS SOUTH 43-05'39" EAST, THROUGH A CENTRAL ANGLE OF 71 001'09", A DISTANCE OF 151.00 FEET, TO THE CURVES END; THENCE SOUTH 24006'48" EAST, A DISTANCE OF 246.00 FEET; DETAIL F THENCE SOUTH 20053'12" WEST, A DISTANCE OF 28.28 FEET; SCALE: 1" 50' THENCE SOUTH 24006'48" EAST, A DISTANCE OF 32.00 FEET; THENCE NORTH 65053'12" EAST, A DISTANCE OF 56.82 FEET; THENCE SOUTH 69006'48" EAST, A DISTANCE OF 28.28 FEET; THENCE SOUTH 24006'48" EAST, A DISTANCE OF 210.00 FEET; THENCE SOUTH 20053'12" WEST, A DISTANCE OF 28.28 FEET; <1 L A/Vj THENCE SOUTH 24006'48" EAST, A DISTANCE OF 32.00 FEET; THENCE SOUTH 69006'48" EAST, A DISTANCE OF 28.28 FEET; CO 23945 THENCE SOUTH 24006'48" EAST, A DISTANCE OF 220.00 FEET; rn (D BRIAN J. THENCE SOUTH 20053'12" WEST, A DISTANCE OF 28.28 FEET; DIEHL THENCE SOUTH 24006'48" EAST, A DISTANCE OF 32.00 FEET; THENCE SOUTH 69006'48" EAST, A DISTANCE OF 28.28 FEET; ed: L A, THENCE SOUTH 24006'48" EAST, A DISTANCE OF 230.00 FEET; THENCE SOUTH 20053'12" WEST, A DISTANCE OF 28.28 FEET; THENCE SOUTH 33057'22" EAST, A DISTANCE OF 32.48 FEET; EXPIRES 09-30-26 THENCE SOUTH 73048'50" EAST, A DISTANCE OF 25.87 FEET; THENCE SOUTH 33030'51" EAST, A DISTANCE OF 119.88 FEET, TO THE NORTHERLY LINE OF BLOSSOM ROCK PHASE 1, RECORDED IN FEE NUMBER 2022-084918, PCR; CHECKED BY CN BJD THENCE ALONG SAID NORTHERLY LINE, SOUTH 65053'12" WEST, A DISTANCE OF 1162.94 FEET; co CAD TECHNICIAN THENCE SOUTH 56039'14" WEST, A DISTANCE OF 49.58 FEET; MR THENCE SOUTH 89042'59" WEST, A DISTANCE OF 793.08 FEET; SCALE THENCE NORTH 00017'01" WEST, A DISTANCE OF 6.19 FEET, TO SAID MID-SECTION LINE; 1 200' THENCE LEAVING SAID MID-SECTION LINE, NORTH 00017'35" WEST, A DISTANCE OF 52.96 FEET; DATE THENCE SOUTH 89042'25" WEST, A DISTANCE OF 8.00 FEET, TO THE POINT OF BEGINNING. co 04/08/2025 JOB NUMBER 0 200 400 CN WP#235498.02 SHEET 6 0 E 2 OF 14 0 Horz. 1 in. 200 ft. 0 99 N LU > S90000'00"W 1101.97' WOOD 180.80' 1 F-- 50.00'- 7 50.00' 50.00' 7 50.00' -50.00'- -50.00'- - -- - -50.00' 50.00'- -50.00'- -50.00'- PATEL ' I I ZD ZD 1 65' R/W lc� C� C� C� C� C� C� C? C? C? C? C:) C> C:) C:) CD CD CD CD C:) C:) CD 00 00 00 00 00 00 00 00 00 00 FEE 2023-023735, PCR 1 00 Wood,Patel&Associates, Inc. �u �u �u �u �u �u �u �u �u �u LU Eb 488 Eb 489 �D 490 zz) 491 ED 492 ED 493 �D 494 �D 495 zz) 496 zz) 497 C> CD, CDo C> CD. cDo cDo cDo CD, P Civil Engineering CD CD CD CD CD CD CD CD CD C:1 CD Water Resources PARCELI 0 0 0 0 0 0 0 Uj 0 0 0 C) C�' CD, CD C> cDo CD LL- C:> C:> CD, 0 Land Survey C> C:� C) C) CD C=) CD CD C�l (D C) :Z7 10.04' P, Construction Management 8' PUFE 602.335.8500 FEE 2023-023735, PCR www.woodpateI.com ... 50.00' 50.00' 50.00, 50.00' 50.00' 50.00' 50.00. ............. 50.00' 5.0.00' 50.00' 50.00' 3: N90000'00"W 845.64"'W 845.64' N90000'00"W 803.64' ACACIA TRAIL LU N90000'00"W 803.64' U- 47.00, 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' Cn LU U ZD C) PUFE (TYP) ED ED ED U- �D ZD ZD ZD C� C? 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FEE 2023-023735, PCR 50.00, 50.00' 50.00' 50.00' 50.00' 50.001 1 50.001 11 1'VNAE EX6RES 09-30-26 CHECKED BY N89042'59"E 350.00' CN BJD co CAD TECHNICIAN MATCH SHEET 4 MATCH SHEET 8 MR co SCALE ill 30' DATE co 04/08/2025 M IT u') JOB NUMBER 0 30 60 C14 WP#235498.02 C) CN SHEET E 3 OF 14 0 Horz. 1 in 30 ft. MATCH SHEET 3 1 � � � � E� � � � �[ � � � w000 I 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' - 7 � 77 o' N89042'59"E 350.00' LINE TABLE CURVE TABLE PATEL ' 8' PUFE 65' R/W FEE 2023-023735, PCR 0C LINE BEARING DISTANCE CURVE DELTA RADIUS ARC FEE 2023-023735, PCR 1'VNAE Ll i N89 42'59"E 65.00' C1 90 00'00" 10.00' 15.71' L2 N00017'35"W 52.97' C2 90000,0011 36.00' 56.55' Wood,Patel&Associates, Inc. Civil Engineering 00 L3 S28054'02"E 17.96' C3 71 0 0 1'09" 121.82' 151.00' Water Resources F- F.- F- F- F- F- Z-) r�, I C� C? C� C? C? C? r--, co Land Survey co U L4 S68001'00"W 36.58' C4 90000,001, 36.00' 56.55' Construction Management LU 602.335.8500 6u �u 407 �u 408 �u 409 �u 410 6u 411 C' L5 S20053'1 2"W 28.28' C5 90000'00" 10.00' 15.71' 405 406 LU www.woodpateI.com 0 CD 0 0 0 0 0 0 0 CD L6 S24006'48"E 32.00' C6 65053'12" 100.00' 114.99' CD C) CD CD CD CD C) CIO CD C) CD C) CD L7 S69006'48"E 28.28' C7 23049'48" 300.00' 124.77' L.0 L8 N20053'1 2"E 28.28' C8 90000'00" 36.00' 56.55' U- L9 S24006'48"E 32.00' C9 90000'00" 10.00' 15.7 1' ZD L=13.90' DRAINAGE EASEMENT 0- FEE 2023-023735, PCR A- El L10 S69006'48"E 28.28' C10 10011'54" 284.00' 50.55' L=50 55' L11 N20053'1 2"E 28.28' C11 8058'11 316.00' 49.47' Qj, 50.00' --- 50.00' 50.00' 50.00' 50.00' 36.11' 0 - S89042'59"W 286.11' zo''i�: L12 S24006'48"E 32.00' C12 23049'48" 300.00' 124.77' S89042'59"W 244.1 1, GANDERROAD - ,r "C7 zo CA A L13 N69006'48"W 28.28' C13 90000,001, 36.00' 56.55' S89042'59"W 244.11' L14 N20053'12"E 28.28' C14 79028"16" 10.00' 13.87' .00, 50.00' R-0-01 ----50.09 - 47.11' T=-49.47' L15 S33057'22"E 32.48' C15 22058'46" 284.00' 113.90' L16 S73048'50"E 25.87' C16 23049'48" 300.00' 124.77' -LT TT -L=2.. U-1 L17 SOO 0 17'0 1"E 6.19' C17 4012'07" 316.00' 23.17' PUFE (TYP) SEE DETAIL L18 S00017'35"E 52.96' C18 3029'17" 316.00' 19.24' c::> -x--- X do C? C? C? C? C? SHEET 13 0 'p- U') U') U-) U') U-) 0,21 L19 S89042'25"W 8.00' C19 102412611 284.00' 6.98' CNI CN C111 CN C14 co 398 CO- 399 L20 S20053'1 2"W 28.28' C20 21028'32" 284.00' 106.45' 404 403 402 401 400 NJ CD r- - - L21 S69006'48"E 28.28' C21 21028'32" 316.00' 118.44' L6 0 0 0 0 0 11-14 CD CD CD CD CD - <0 CD CD CD (D CD CIO C"i 13 z z z L22 S45000'00"W 28.28' C22 7011'17" 316.00' 39.64' w �u FM P-) PUFE F- 13' L23 S45000'00"E 28.28' C23 9006'20" 300.00' 47.68' < 0 1 �: = 0 CD PUFE 0 ��! CD L24 S45000'00"W 28.28' C24 21028'32" 300.00' 112.45' [if C/) < C? 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V1 Civil Engineering Water Resources 0,5s Land Survey Construction Management 362 602.335.8500 400 www.woodpateI.com 100 100 0 0 363 74; CO P— ""'33 -4 0 itl-o 0 1&- 333 01 ;�r- �00 .0 334 7 0 410 i'17-0 35 -.000 33, %, 3 -o bN- \ j&' $t 58 �o lo -I,. o0o 0 336 00 'o 337 S ",� '�o 00 276 V10 oo.-o '00000 338 C0 oo 0000'oo oo 00 w 339 oo.-o C/) oo 0 < 0 0 oo o;� 00 .0 0 < N10 1)ZI o P10 Jr. 340 LIN .0< 332 0 .00 NJ, %, 0 LP 'og 55--�)N 0 4�- - �j '7A I o PUFE (TYP) P10 oo, 331 LU SEE DETAIL 'S' 275 .o..' 0 Is NT�� SHEET 13 < oo- z U) a- LL U) < oo 330 �o 0 o GO o. 329 0, .00 P10 -o 328 oo'oo"'�'b QP % X10 P10 327 274 ro 1000 X10 273 326 325 272 .0 000 V10 271 �R 'Al .0.�0000-<040 270 00 00 *00 V10 .0 .0 269 oo ol A *100 ID L A NO \�ICA7Z� 6 'o 268 0 V00 �o CO 23945 Aoo BRIAN J. IT<, 0. 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WOOD PATEL ' W < < > OFFSITE STREET Wood,Patel&Associates, Inc. 0 LU < Civil Engineering < 0 0 < C) ——————— LL] < Z�5 LU < Water Resources f)f CO - LU 0" Land Survey REAR LOT LINE U-) Cf) ED LU ED LU Construction Management W W 4" 4' LOT LINE REAR& 602.335.8500 & LOT WALL 7 SIDE LOT LINE 11.5' www.woodpateI.com TO PUFE 5' S/W 16' 5' SIDE 5' SIDE R/W& B/C R/W& B/C SETBACK SETBACK 13' 5' S/W PLIFE 5' SIDE —5' SIDE SETBACK SETBACK 13' PUFE 5' SI 5' SIDE SETBACK DE SETBACK ..A 122' SIDE YARD SETBACK 5' SIDE AGAINST STREET 7' SETBACK LU LL- NOTE3 OTE 3 N 0 ... 71 0- LU U- ZD LU C45 LU 0 co LU cf) C45 if I ZD Lu FRONT LOT LINE elf C/) FRONT LOT LINt —j Lu < 0 LOCALSTRIET SETBACK(NOTES 1-2) 13' FRONT� 13' FRONT� NOTES LOCALSTREET SETBACK(NOTES 1-2) 1. 13' FROM PROPERTY LINE (BACK OF CURB) TO LIVING AREA OR SIDE NOTES ENTRY GARAGE; 20' FROM BACK OF SIDEWALK TO FACE OF GARAGE DOOR. 1. 13' FROM PROPERTY LINE (BACK OF CURB) TO LIVING AREA OR SIDE 2. LOT MINIMUM WIDTH WILL BE ESTABLISHED AT 13- FROM BACK OF CURB. 3. 8' W X 8' D EASEMENT, CENTERED ON LOT LINE FOR UTILITY ENTRY GARAGE; 20' FROM BACK OF SIDEWALK TO FACE OF GARAGE DOOR. APPURTENANCE TO BE ESTABLISHED BASED ON DRY UTILITY DESIGN. SRP 2. LOT MINIMUM WIDTH WILL BE ESTABLISHED AT 13- FROM BACK OF CURB. TRANSFORMERS TO BE LOCATED BETWEEN DRIVEWAYS ONLY. 3. 8' W X 8' D EASEMENT, CENTERED ON LOT LINE FOR UTILITY 4. NO GARAGE ENTRY FROM SIDE STREET. APPURTENANCE TO BE ESTABLISHED BASED ON DRY UTILITY DESIGN. SRP TRANSFORMERS TO BE LOCATED BETWEEN DRIVEWAYS ONLY. C0 co ,TYPICAL LOT SETBACK DETAIL AT ENTRY STREET . w U) < N.T.S TYPICAL LOT SETBACK DETAIL < 2- 0 LOTS 50'XI25' & 601X135' (FRONT LOADED) < N.T.S z 0 0 LU z 0 0 U) U) < LL 0 �e Uj < Of C) 0 CO 0:� 0 < < < < co LU LU CO Cn Irf Co. VARIES REAR& -'R—/W& B/C SIDE LOT LINE 5' SIW R/W LINE 13' PUFF LOT LINE 5' SIDE -n SETBACK M 8'x8' PUFE 5' SIDE IN— .04 1 1 SETBACK 71 rF 5' SIDE SETBACK 22' SIDE YARD SETBACK 1 41 1 4' 1 NOTE 3 AGAINST STREET L -J U- LU 06 LU U) [if zo 3: -[ 11 - - 8'X8' PUFE BOX DETAIL L�F —i U) FRONT LOT LINE < 0 �13' FRONT� LOCALSTREET SETBACK (NOTES 1-2) NOTES 1. 13' FROM PROPERTY LINE (BACK OF CURB) TO LIVING AREA OR SIDE L A NO \�ICA ENTRY GARAGE; 18' FROM BACK OF SIDEWALK TO FACE OF GARAGE DOOR. R/W LINE Co 23945 2. LOT MINIMUM WIDTH WILL BE ESTABLISHED AT 13' FROM BACK OF CURB. rn BRIAN J. < 3. 10' W X 2' D EASEMENT, CENTERED ON LOT LINE FOR UTILITY DIEHL APPURTENANCE TO BE ESTABLISHED BASED ON DRY UTILITY DESIGN. SRP TRANSFORMERS TO BE LOCATED BETWEEN DRIVEWAYS ONLY. n, LOT LINE A, On EXPIRES 09-30-26 51 51 TYPICAL LOT SETBACK DETAIL I - � T -T LOTS 50'X80'(FRONT LOADED) CHECKED BY CN N.T.S C, BJD 10'x2' PUFE U- c6 CAD TECHNICIAN MR co SCALE NTS DATE C� co 10'X2' PUFE BOX DETAIL M 04/08/2025 IT u') JOB NUMBER WP#235498.02 CN SHEET E 13 OF 14 0 WOOD LOT AREA TABLE LOT AREA TABLE LOT AREA TABLE LOT AREA TABLE LOT AREA TABLE LOT AREA TABLE PATEL LOT NO. LOT AREA LOT AREA LOT NO. LOT AREA LOT AREA LOT NO. LOT AREA LOT AREA LOT NO. LOT AREA LOT AREA LOT NO. LOT AREA LOT AREA LOT NO. LOT AREA LOT AREA -Mi SQUARE FEET ACRES SQUARE FEET ACRES SQUARE FEET ACRES SQUARE FEET ACRES SQUAREFEET ACRES SQUARE FEET ACRES LOT 233 11,762 0.2700 LOT 287 8,100 0.1860 LOT 341 6,375 0.1463 LOT 395 6,250 0.1435 LOT 449 4,000 0.0918 LOT 503 4,000 0.0918 Wood, Patel&Associates, Inc. LOT 234 8,235 0.1890 LOT 288 8,100 0.1860 LOT 342 6,375 0.1463 LOT 396 6,250 0.1435 LOT 450 4,000 0.0918 LOT 504 4,293 0.0986 Civil Engineering Water Resources Land Survey LOT 235 1 8,235 0.1890 LOT 289 8,100 0.1860 LOT 343 1 8,175 0.1877 LOT 397 1 6,988 0.1604 LOT 451 1 4,000 0.0918 LOT 505 1 5,468 0.1255 Construction Management LOT 236 8,235 0.1890 LOT 290 8,100 0.1860 LOT 344 8,175 0.1877 LOT 398 7,566 0.1737 LOT 452 4,000 0.0918 LOT 506 5,033 0.1156 602.335.8500 LOT 237 8,235 0.1890 LOT 291 8,100 0.1860 LOT 345 6,250 0.1435 LOT 399 7,589 0.1742 LOT 453 4,000 0.0918 LOT 507 5,045 0.1158 www.woodpateI.com LOT 238 8,855 0.2033 LOT 292 10,195 0.2340 LOT 346 6,250 0.1435 LOT 400 6,250 0.1435 LOT 454 4,000 0.0918 LOT 508 4,554 0.1045 TRACT AND PARCEL AREA TABLE LOT 239 8,235 0.1890 LOT 293 8,100 0.1860 LOT 347 6,250 0.1435 LOT 401 6,250 0.1435 LOT 455 4,000 0.0918 LOT 509 4,000 0.0918 TRACT NO. TRACT AREA TRACT AREA USE LOT 240 8,235 0.1890 LOT 294 8,100 0.1860 LOT 348 6,250 0.1435 LOT 402 6,250 0.1435 LOT 456 4,000 0.0918 LOT510 4,000 0.0918 SQUARE FEET ACRES LOT 241 8,235 0.1890 LOT 295 8,100 0.1860 LOT 349 8,175 0.1877 LOT 403 6,250 0.1435 LOT 457 4,000 0.0918 LOT 511 4,000 0.0918 P 19,577 0.4494 OPEN SPACE, RETENTION, PUFE, DE LOT 242 8,235 0.1890 LOT 296 8,100 0.1860 LOT 350 6,375 0.1463 LOT 404 8,175 0.1877 LOT 458 4,000 0.0918 LOT 512 5,160 0.1185 Q 42,978 0.9866 OPEN SPACE, RETENTION, PUFE, DE, PARK LOT 243 10,195 0.2340 LOT 297 8,100 0.1860 LOT 351 6,375 0.1463 LOT 405 7,203 0.1654 LOT 459 4,000 0.0918 LOT 513 5,160 0.1185 R 30,718 0.7052 OPEN SPACE, RETENTION, PUFE, DE, PARK LOT 244 10,195 0.2340 LOT 298 8,100 0.1860 LOT 352 6,375 0.1463 LOT 406 7,203 0.1654 LOT 460 4,000 0.0918 LOT 514 4,000 0.0918 S 26,960 0.6189 OPEN SPACE, RETENTION, PUFE, DE LOT 245 8,235 0.1890 LOT 299 8,100 0.1859 LOT 353 6,375 0.1463 LOT 407 7,203 0.1654 LOT 461 5,116 0.1174 LOT 515 4,000 0.0918 PARCEL1 285,710 6.5589 IRONWOOD PARK PHASE 2, OPEN SPACE, RETENTION, PUFE, DE LOT 246 8,235 0.1890 LOT 300 8,100 0.1860 LOT 354 6,375 0.1463 LOT 408 7,203 0.1654 LOT 462 5,960 0.1368 LOT 516 4,000 0.0918 LOT 247 8,235 0.1890 LOT 301 8,100 0.1860 LOT 355 6,375 0.1463 LOT 409 7,203 0.1654 LOT 463 5,985 0.1374 LOT 517 4,000 0.0918 LOT 248 8,235 0.1890 LOT 302 8,100 0.1860 LOT 356 6,375 0.1463 LOT 410 7,202 0.1653 LOT 464 6,356 0.1459 LOT 518 6,648 0.1526 LOT 249 8,235 0.1890 LOT 303 8,100 0.1860 LOT 357 6,375 0.1463 LOT 411 7,051 0.1619 LOT 465 4,000 0.0918 LOT 519 5,433 0.1247 LOT 250 8,235 0.1890 LOT 304 10,195 0.2340 LOT 358 6,375 0.1463 LOT 412 4,596 0.1055 LOT 466 5,160 0.1185 LOT 520 5,433 0.1247 LOT 251 8,235 0.1890 LOT 305 10,195 0.2340 LOT 359 6,760 0.1552 LOT 413 4,608 0.1058 LOT 467 5,160 0.1185 LOT 252 8,921 0.2048 LOT 306 8,100 0.1860 LOT 360 8,675 0.1992 LOT 414 4,620 0.1061 LOT 468 4,000 0.0918 CY) AREA TABLE ILL] LOT 253 12,692 0.2914 LOT 307 8,100 0.1860 LOT 361 6,750 0.1550 LOT 415 4,633 0.1063 LOT 469 4,034 0.0926 Cf) AREA SQUARE FEET AREA ACRES < 0 LOT 254 10,665 0.2448 LOT 308 8,100 0.1860 LOT 362 6,750 0.1550 LOT 416 4,645 0.1066 LOT 470 4,340 0.0996 �!-'! LOTS 1,880,253 43.16 og < LOT 255 12,693 0.2914 LOT 309 8,100 0.1860 LOT 363 8,675 0.1992 LOT 417 4,657 0.1069 LOT 471 9,013 0.2069 TRACTS 120,234 2.76 0 I--- LOT 256 8,921 0.2048 LOT 310 8,143 0.1869 LOT 364 6,359 0.1460 LOT 418 4,670 0.1072 LOT 472 7,940 0.1823 0 ROW 375,747 8.62 LOT 257 8,235 0.1890 LOT 311 10,195 0.2340 LOT 365 6,250 0.1435 LOT 419 5,160 0.1185 LOT 473 4,000 0.0918 PARCELl 285,710 6.56 Uj Z 0 LOT 258 8,235 0.1890 LOT 312 8,100 0.1860 LOT 366 6,250 0.1435 LOT 420 4,000 0.0918 LOT 474 4,000 0.0918 TOTAL 2,661,944 61.11 U) U. U) LOT 259 8,235 0.1890 LOT 313 8,100 0.1860 LOT 367 6,250 0.1435 LOT 421 4,000 0.0918 LOT 475 4,000 0.0918 0 -j LOT 260 8,235 0.1890 LOT 314 8,100 0.1860 LOT 368 6,250 0.1435 LOT 422 4,000 0.0918 LOT 476 4,000 0.0918 120 LOT 261 8,235 0.1890 LOT 315 8,100 0.1860 LOT 369 6,250 0.1435 LOT 423 4,000 0.0918 LOT 477 4,000 0.0918 LOT 262 8,235 0.1890 LOT 316 6,254 0.1436 LOT 370 6,250 0.1435 LOT 424 4,000 0.0918 LOT 478 4,000 0.0918 LOT 263 8,235 0.1890 LOT 317 6,250 0.1435 LOT 371 6,250 0.1435 LOT 425 4,000 0.0918 LOT 479 4,000 0.0918 LOT 264 10,195 0.2340 LOT 318 6,250 0.1435 LOT 372 8,175 0.1877 LOT 426 4,000 0.0918 LOT 480 4,000 0.0918 LOT 265 10,195 0.2340 LOT 319 6,250 0.1435 LOT 373 8,175 0.1877 LOT 427 4,000 0.0918 LOT 481 4,000 0.0918 LOT 266 8,235 0.1890 LOT 320 6,250 0.1435 LOT 374 6,250 0.1435 LOT 428 4,730 0.1086 LOT 482 4,000 0.0918 LOT 267 8,235 0.1890 LOT 321 8,175 0.1877 LOT 375 6,250 0.1435 LOT 429 7,316 0.1680 LOT 483 4,000 0.0918 LOT 268 8,235 0.1890 LOT 322 8,175 0.1877 LOT 376 6,250 0.1435 LOT 430 8,897 0.2043 LOT 484 4,000 0.0918 LOT 269 8,235 0.1890 LOT 323 6,250 0.1435 LOT 377 8,675 0.1992 LOT 431 6,231 0.1431 LOT 485 4,000 0.0918 LOT 270 8,235 0.1890 LOT 324 6,250 0.1435 LOT 378 6,750 0.1550 LOT 432 4,150 0.0953 LOT 486 4,000 0.0918 LOT 271 8,235 0.1890 LOT 325 6,250 0.1435 LOT 379 6,750 0.1550 LOT 433 6,782 0.1557 LOT 487 5,160 0.1185 SITE DATA TABLE LOT 272 8,235 0.1890 LOT 326 6,250 0.1435 LOT 380 8,675 0.1992 LOT 434 5,332 0.1224 LOT 488 4,000 0.0918 A GROSS PROJECTAREA 2,772,344 SQ.FT. 63.64 AC. LOT 273 8,921 0.2048 LOT 327 6,250 0.1435 LOT 381 6,250 0.1435 LOT 435 4,000 0.0918 LOT 489 4,000 0.0918 B NET PROJECT AREA 2,661,944 SQ.FT. 61.11 AC. LOT 274 12,287 0.2821 LOT 328 6,250 0.1435 LOT 382 6,250 0.1435 LOT 436 4,000 0.0918 LOT 490 4,000 0.0918 C CURRENT DEVELOPMENT GROSS PROJECT AREA 2,772,344 SQ.FT. 63.64 AC. D CURRENT DEVELOPMENT NET PROJ ECT AREA 2,661,944 SQ.FT, 61.11 AC. LOT 275 10,125 0.2324 LOT 329 6,250 0.1435 LOT 383 6,250 0.1435 LOT 437 4,000 0.0918 LOT 491 4,000 0.0918 E CURRENT DEVELOPMENT OPEN SPACE* 405,943 SQ.FT. 9.32 AC. P:1 A(.Tl\/P: npp:r\i (,,Pa(,.P: An; QA'� qn PT q A r. I � ..v" - ".� - I - -', 1w -1 1. - I - <.'-�) L A/Vj LOT 276 12,287 0.2821 LOT 330 6,250 0.1435 LOT 384 8,175 0.1877 LOT 438 4,000 0.0918 LOT 492 4,000 0.0918 E2 PASSIVE OPEN SPACE 0.0 SQ.FT. 0.0 AC. F PERCENT OPEN SPACE (E/C) 14.6% CO 23945 LOT 277 10,195 0.2340 LOT 331 6,250 0.1435 LOT 385 8,175 0.1877 LOT 439 4,000 0.0918 LOT 493 4,000 0.0918 rn G PERCENT ACTIVE OPEN SPACE (El/E) 100.0% (D BRIAN J. DIEHL I)b LOT 278 9,450 0.2169 LOT 332 6,635 0.1523 LOT 386 6,250 0.1435 LOT 440 4,000 0.0918 LOT 494 4,000 0.0918 H FUTURE DEVELOPMENT GROSS AREA** SO.FT. AC. I FUTURE DEVELOPMENT NET AREA SO.FT. AC. LOT 279 9,450 0.2169 LOT 333 6,760 0.1552 LOT 387 6,250 0.1435 LOT 441 4,000 0.0918 LOT 495 4,000 0.0918 1 NUMBER OF LOTS 288 QNA, LOT 280 9,450 0.2169 LOT 334 6,375 0.1463 LOT 388 6,250 0.1435 LOT 442 4,000 0.0918 LOT 496 4,000 0.0918 K EXISTING ZONING MPC EXkES 09-30-26 I I I I I L PROPOSED ZONING MPC LOT 281 9,450 0.2169 LOT 335 6,375 0.1463 LOT 389 6,250 0.1435 LOT 443 4,000 0.0918 LOT 497 4,000 0.0918 M GROSS PROJECT DENSITY (J/C) 4.52 DU/GROSS AC CHECKED BY N NEIGHBORHOOD RIGHT-OF-WAY 375,7471 SQ.FT. 8.621 AC. CN BJD LOT 282 11,705 0.2687 LOT 336 6,375 0.1463 LOT 390 6,250 0.1435 LOT 444 4,000 0.0918 LOT 498 4,000 0.0918 c6 CAD TECHNICIAN MR LOT 283 13,021 0.2989 LOT 337 6,375 0.1463 LOT 391 8,807 0.2022 LOT 445 4,000 0.0918 LOT 499 4,000 0.0918 SCALE NTS OPEN SPACE WITHIN FUTURE DEVELOPMENT PARCELS NOT INCLUDED IN OPEN SPACE CALCULATION. LOT 284 8,100 0.1860 LOT 338 6,375 0.1463 LOT 392 7,524 0.1727 LOT 446 4,000 0.0918 LOT 500 4,000 0.0918 S9 DATE M 04/08/2025 OPEN SPACE WITHIN FUTURE DEVELOPMENT PARCELS TO MEET THE REQUIRED MINIMUM PERCENTAGE OF OPEN SPACE AS LOT 285 8,100 0.1860 LOT 339 6,375 0.1463 LOT 393 8,175 0.1877 LOT 447 5,160 0.1185 LOT 501 4,000 0.0918 JOB NUMBER SPECIFIED IN THE APPROVED MASTER PLANNED COMMUNITY DOCUMENT. FUTURE DEVELOPMENT PARCEL DEVELOPERS ARE CN WP#235498.02 ID REQUIRED TO PROVIDE OPEN SPACE AREA AND PERCENTAGE TO THE CITY AND THE MASTER DEVELOPER WITH THE FINAL SITE SHEET LOT 286 8,100 0. 6,375 0.1 6,250 0.1 5,160 0.1185 T 502 4,000 0.0918 0 LL 0 PLAN. cr E 14 OF 14 0 0 99 N City of Apache Junction, Arizona 300 E Superstition Boulevard 0 Agenda Item Cover Sheet Apache Junction,AZ Z 85119 Agenda Item No.8. Piz File ID: 25-262 Sponsor: Kelsey Schattnik Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of approval of a Replat of the Final Plat for Blossom Rock- Phase 3 Commercial in order to remove the previously existing floodplain, and accommodate the future well site and Ironwood Linear Park. City of Apache Junction,Arizona Page 1 Printed on 512812025 0 Z City ofApache Junction - 'As � 1, Development Services Department Z0 CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE : June 3, 2025 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUMBERS : Blossom Rock Phase 3 Commercial (SV-24-10) OWNERS : Brookfield ASLD 8500 LLC APPLICANT: Brookfield ASLD 8500 LLC ("Brookfield") REQUEST: Approval of a Replat for Blossom Rock Phase 3 Commercial to remove the floodplain, as well as accommodate the future well site and Ironwood Linear Park. The site is approximately 21 acres zoned MPC ("Master Planned Community") LOCATION: The property is generally located on the southeast corner of Warner Avenue and Ironwood Drive GENERAL PLAN/ ZONING DESIGNATION: Master Planned Community ("MPC") /Master Planned Community ("MPC.") SURROUNDING USES : North: MPC Blossom Rock future phases South: MPC Blossom Rock Phase 3 East: MPC Blossom Rock future phases West: Radiance (D.R. Horton) future phases "SV-24-10,Final Plat Amendment for Blossom Rock Phase 3 Commercial" June 3,2025 City Council Staff Report BACKGROUND On October 5, 2021, the City of Apache Junction approved the Auction Property at Superstition Vistas Master Planned Community plan. Most recently Brookfield has submitted an amendment to the final plat for Blossom Rock Phase 3 Commercial which has been administratively approved by staff (the "Subdivision Committee" per the MPC) . Staff has found the proposed final plat to be in conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports . PROPOSALS The Phase 3 Commercial Replat will remove the floodplain from the Final Plat, as well as accommodate the future well site and Ironwood Linear Park. The property is generally located on the southeast corner of Warner Avenue and Ironwood Drive. There are currently no formal development proposals for this site . PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Master Planned Community" . Infrastructure Improvements: Road improvements and necessary utility infrastructure improvements will be built and dedicated to the city prior to the final inspection and approval of any development at this location. Furthermore, all other necessary on-site improvements, such as site amenities, retention basins, accessible routes, and landscape buffers, will be built during the first phase of on- site construction. PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed Replat for Blossom Rock Phase 3 Commercial, because of its conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master "SV-24-10,Final Plat Amendment for Blossom Rock Phase 3 Commercial" June 3,2025 City Council Staff Report 2 Infrastructure Reports and respectfully recommends to the City Council to approve such request. --------------------------------------------------------------- RECOMMENDED MOTION FOR FINAL PLAT I move that the Apache Junction City Council approve SV-24-10, Replat for Blossom Rock Phase 3 Commercial, as requested by Brookfield (owner and applicant) , located on the southeast corner of Warner Avenue and Ironwood Drive. Ke4ey ,SchatUnik Prepared by Kelsey Schattnik Principal Planner Attachments : Exhibit #1 - Amended Final Plat for Blossom Rock Phase 3 Commercial "SV-24-10,Final Plat Amendment for Blossom Rock Phase 3 Commercial" June 3,2025 City Council Staff Report 3 WARNER AVENUE (ALIGNMENT) FINAL PLAT WO OD . TE FOR El PATEL BLOSSOM ROCK PHASE THREE COMMERCIAL AMENDED A REPLAT OF PARCEL A, PHASE 3 COMMERCIAL, RECORDED IN FEE NUMBER 2024-061061 , Wood, Patel&Associates, Inc. PINAL COUNTY RECORDS (PCR), LYING WITH SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, LU LU > 2i Civil Engineering DEDICATION z Water Resources OF THE GILA AND SALT RIVER MERIDIAN, APACHE JUNCTION, ARIZONA [if (D STATE OF ARIZONA 0 _j Land Survey 0 SECTIOA120, < Construction Management SS. 0 C) 0 TIS, R8E < 602.335.8500 COUNTY OF MARICOPA 0 0 www.woodpatel.com KNOW ALL MEN BY THESE PRESENTS: Of 0 THAT BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS OWNER, DOES HEREBY PUBLISH THIS FINAL C) PLAT FOR "BLOSSOM ROCK PHASE THREE COMMERCIAL AMENDED", A REPLAT OF PARCEL A, PHASE 3 COMMERCIAL, OWNER ENGINEER RECORDED IN FEE NUMBER 2024-061061, PINAL COUNTY RECORDS (PCR), LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, APACHE JUNCTION, ARIZONA, AS SHOWN HEREON AND HEREBY BROOKFIELD ASLD 8500 LLC WOOD, PATEL &ASSOCIATES, INC. VICINITY MAP DECLARES THAT THIS PLAT SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS OF THE PARCELS CONSTITUTING SAME, 14648 N SCOTTSDALE ROAD., SUITE 290 1630 SOUTH STAPLEY DRIVE - SUITE 219 AND THAT THE PARCELS SHALL BE KNOWN BY THE NAME, NUMBER, OR LETTER GIVEN TO THEM. SCOTTSDALE, ARIZONA 85254 MESA, ARIZONA 85204 NTS PHONE' 602-903-7506 PHONE: 480-834-3300 OWNER HEREBY DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE PUBLIC UTILITY AND FACILITY CONTACT: ERIC J. TUNE, P.E. CONTACT: DAN MATTHEWS, P.E. EASEMENTS, AS SHOWN ON THE SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO THE CITY OF APACHE JUNCTION, IN FEE, FOR THE CITY'S RAY AVENUE USE AS PUBLIC RIGHT-OF-WAY, THE DEDICATION OF REAL PROPERTY MARKED AS PUBLIC UTILITY AND FACILITIES EASEMENTS IS A DEDICATION OF A PUBLIC UTILITY AND FACILITIES EASEMENT TO THE CITY, WITH SUCH DEDICATION APPROVALS NOTES (CONTINUED) INCLUDING THE FOLLOWING USES- TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, REPAIR, RECONSTRUCT, REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED TO, WATER, WASTEWATER, GAS, ELECTRIC, STORM WATER, THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND PIPES, CONDUIT, CABLES, AND SWITCHING EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND REGULATIONS AND THAT ASSURANCES SIGNAL LINES, TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES, AND CABLES, FIRE HYDRANTS, STREETLIGHTS, WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. 3. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, PUBLIC TRANSIT FACILITIES, DRAINAGE PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT PLANS SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND, EXCEPT AS MAY BE APPROVED BY DEVELOPMENT SERVICES ENGINEER, FENCING WILL AND ALL APPURTENANCES TO ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FORGOING, DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE BE LIMITED TO WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT IMPEDE WATER FLOW TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE OR COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW. VEGETATION SHALL NOT BE Lij ALTERED IN A MANNER THAT CONFLICTS WITH THE OPERATION, MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC PLANTED NOR ALLOWED TO GROW WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION 0 IMPROVEMENTS)AND THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND BASINS WHICH WOULD IMPEDE THE FLOW OF WATER. z ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS TO USE THE PUBLIC APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF LU UTILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN. ALL OTHER EASEMENTS ARE 4. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE PARCELS AND EASEMENTS SHALL BE 2 HEREBY DEDICATED FOR THE PURPOSES SHOWN. UNLESS APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL 20. AND THE CITY COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED HEREIN THE RESPONSIBILITY OF THE BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK < ON BEHALF OF THE PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER SUPPLY _j EASEMENTS CREATED BY THIS PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. AS REQUIRED BY ARIZONA REVISED STATUTES 45.576 OR EVIDENCE THAT THE AREA HAS BEEN DESIGNATED RESIDENTIAL ASSOCIATION, AS APPLICABLE, OR THE OWNER OF THE UNDERLYING LOT, TRACT < BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED WATER SUPPLY. OR PARCEL. SHOULD THE ASSOCIATION NOT ADEQUATELY MAINTAIN THEM, THE GOVERNING C) WITHOUT LIMITING IN ANY MANNER THE DEDICATIONS AND RIGHTS CREATED IN FAVOR OF THE CITY OF APACHE JUNCTION, ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE PARCEL OR THE EASEMENT IS 0� ARIZONA BY THIS FINAL PLAT, THE COSTS OF PUBLIC INFRASTRUCTURE CONSTRUCTED OR INSTALLED IN THE RIGHTS OF BY: ATTEST: LOCATED, AT ITS DISCRETION, MAY ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND Lij WAY OR PUBLIC EASEMENTS OR IN ADJOINING PARCELS SHOWN ON THIS FINAL PLAT, TO THE EXTENT THAT IT IS COMPRISED CHARGE THE BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK RESIDENTIAL 2i MAYOR CITY CLERK 2i < OF CFD-ELIGIBLE IMPROVEMENTS, MAY BE FINANCED WITH, AND BROOKFIELD ASLD 8500 LLC REIMBURSED BY, THE ASSOCIATION, AS APPLICABLE, OR THE OWNER OF THE UNDERLYING LOT, TRACT, PARCEL PROCEEDS OF BONDS ISSUED BY THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 (CITY OF APACHE THE COST OF THE MAINTENANCE. < 0 0�! JUNCTION, ARIZONA), IN ACCORDANCE WITH THE TERMS OF THE DEVELOPMENT, FINANCING PARTICIPATION AND j 0 IL ILL] INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 (CITY OF APACHE 5. PARCEL 4 SHALL BE IMPROVED IN ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO JUNCTION, ARIZONA), DATED AS OF OCTOBER 15, 2021, RECORDED IN THE OFFICE OF THE PINAL COUNTY, ARIZONA, THE BLOSSOM ROCK COMMUNITY ALLIANCE OR BLOSSOM ROCK RESIDENTIAL ASSOCIATION, LIJ 0 RECORDER, AS FEE NO. 2021-131167, AS AMENDED FROM TIME TO TIME. AS APPLICABLE, AFTER RECORDATION OF THE PLAT. ACKNOWLEDGMENT OWNER HEREBY GRANTS TO THE CITY OF APACHE JUNCTION AND THE SUPERSTITION VISTAS COMMUNITY FACILITIES 6. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS Uj LLJ DISTRICT NO. 2 ("CFD") A PERMANENT, NON-EXCLUSIVE EASEMENT OVER, ACROSS, UNDER AND UPON PARCEL 4 SHOWN ON STATE OF ARIZONA OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING z < THIS FINAL PLAT FOR THE PURPOSE OF PUBLIC USE AND ENJOYMENT; PROVIDED THAT THE CITY OF APACHE JUNCTION AND SS. ORDINANCE, VOL. 11, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE THE CFD SHALL HAVE NO OBLIGATION WHATSOEVER FOR INSTALLING, CONSTRUCTING, MAINTAINING, REPLACING, REPAIRING COUNTY OF MARICOPA OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. U= OR OPERATING PARCEL 4 OR ANY IMPROVEMENTS OR LANDSCAPING WITHIN PARCEL 4, AND SHALL HAVE NO OBLIGATION FOR ANY CLAIMS ARISING OUT OF ANY PRIVATE OR PUBLIC USE OF PARCEL 4, AND PROVIDED FURTHER THAT (1) OWNER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 120, BY 7. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL HEREBY EXPRESSLY RESERVES FROM THE FOREGOING GRANT OF EASEMENT, TOGETHER WITH THE RIGHT TO TRANSFER HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL PLAT ON C) THE SAME, THE RIGHT TO ENTER UPON, USE AND IMPROVE PARCEL 4, INCLUDING THE RIGHT TO INSTALL, MAINTAIN, REPAIR THE AND THE THE HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN 0 AND REPLACE SUCH IMPROVEMENTS AS IT OR ITS SUCCESSOR OR ASSIGNEE MAY FROM TIME TO TIME DEEM DESIRABLE, OF BROOKFIELD ASLD 8500 LLC,A DELAWARE LIMITED LIABILITY COMPANY, ON BEHALF INTEREST AND/OR BENEFITING PROPERTIES. 121� SUBJECT ONLY TO ORDINARY APPROVALS BY THE CITY OF APACHE JUNCTION, WHICH ENTRY, USE AND IMPROVEMENTS THEREOF. 2 SHALL NOT BE INCONSISTENT WITH, AND SHALL NOT UNREASONABLY INTERFERE WITH, THE FOREGOING EASEMENT, AND (11) 8. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY PARCEL THEY 0 ALL PERSONS AND ENTITIES EXERCISING THE FOREGOING EASEMENT RIGHTS SHALL AVOID ANY DAMAGE TO PARCEL 4 AND OWN WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE PROPERTY U) ANY IMPROVEMENTS LOCATED AT ANY TIME THEREIN, AND THE FOREGOING EASEMENT IS GRANTED ON THE CONDITION NOTARY PUBLIC THROUGH TAX FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR THE GOVERNING W THAT ALL PERSONS AND ENTITIES EXERCISING SUCH EASEMENT RIGHTS, OTHER THAN THE CITY OF APACHE JUNCTION AND ENTITY HAVING JURISDICTION OVER THE AREA IN WHICH THE PARCEL OR THE EASEMENT IS 0 MY COMMISSION EXPIRES _j THE CFD, SHALL HOLD THE CITY OF APACHE JUNCTION HARMLESS FOR, FROM AND AGAINST ANY AND ALL DAMAGES, LOCATED, SHALL ASSESS, LIEN, AND/OR COLLECT FROM ANY SUCCESSOR IN INTEREST 120 LIABILITIES OR EXPENSES WHICH MAY RESULT FROM THEIR EXERCISE OF THE FOREGOING EASEMENT RIGHTS. AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE OF ALL IMPROVEMENTS, DRAINAGE FACILITIES, LANDSCAPING AND AMENITIES. NO CFD IMPROVEMENTS THAT ARE BEING DEDICATED TO THE CITY OF APACHE JUNCTION ("CFD IMPROVEMENTS") SHALL BE DEEMED TO BE DEDICATED TO OR ACCEPTED BY THE CITY OR OTHER GOVERNMENTAL ENTITY UNTIL ACCEPTANCE OF SUCH 9. SIDEWALKS LOCATED OUTSIDE THE PUBLIC RIGHT-OF-WAY SHALL BE MAINTAINED BY THE CFD IMPROVEMENTS BY THE CITY OR OTHER GOVERNMENTAL ENTITY. OWNER HEREBY RESERVES AN INTEREST IN ANY OF BLOSSOM ROCK COMMUNITY ALLIANCE UNLESS OTHERWISE SPECIFIED WITHIN THE THE FOREGOING PROPERTY UPON WHICH WHAT WOULD BE "PUBLIC INFRASTRUCTURE"AS SUCH TERM IS DEFINED IN MAINTENANCE AND/OR DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND THE SECTION 48-701, ARIZONA REVISED STATUTES, HAS BEEN OR IS TO BE CONSTRUCTED, INCLUDING THE CFD IMPROVEMENTS. BASIS OF BEARING DEVELOPER. EXCEPT IF RELEASED PRIOR THERETO AS HEREINAFTER DESCRIBED, SUCH INTEREST IS TO BE ACQUIRED BY THE CFD. SUCH THE BASIS OF BEARING IS THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 INTEREST IS LIMITED TO ONE NECESSARY TO ACCOMMODATE THE FINANCING OF THE ACQUISITION OF SUCH PUBLIC SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, HAVING A BEARING OF NORTH 89 DEGREES 47 10. THE CITY OF APACHE JUNCTION IS NOT RESPONSIBLE FOR AND WILL NOT ACCEPT INFRASTRUCTURE (INCLUDING OF SUCH INTEREST IN SUCH REAL PROPERTY) PURSUANT TO THE AMENDED AND RESTATED MINUTES 05 SECONDS EAST. MAINTENANCE OF ANY PRIVATE PARKS, DRAINAGE FACILITIES OR LANDSCAPED AREAS WITHIN DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT DATED AS OF THE SUBDIVISION SHOWN HEREON. EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE OCTOBER 10, 2022, AND RECORDED ON OCTOBER 11, 2022, IN THE OFFICIAL RECORDS OF THE PINAL COUNTY RECORDER, AS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (OR APPLICABLE INSTRUMENT NO. 2022-106816 (THE "CFD DEVELOPMENT AGREEMENT"). SUCH INTEREST IS TO BE RELEASED UPON THE SUPPLEMENTAL DECLARATION) WITH REGARD TO MAINTENANCE BY BLOSSOM ROCK EARLIER OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE ONLY BY THE CFD PURSUANT TO THE CFD DEVELOPMENT COMMUNITY ALLIANCE, INC. OR BLOSSOM ROCK RESIDENTIAL ASSOCIATION, INC., THE AGREEMENT OR DECEMBER 31, 2056. MAINTENANCE OF EASEMENT PREMISES SHOWN ON THIS PLAT WHICH LIE WITHIN THE BOUNDARIES OF A PARCEL IS THE RESPONSIBILITY OF THE APPLICABLE PARCEL OWNER. FLOODPLAIN INFORMATION 11. PURSUANT TO SECTION 4.7.B.1 OF THE DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS IN WITNESS WHEREOF: SUBJECT PROPERTY LIES IN FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP (FIRM) PANEL NO. BETWEEN THE CITY OF APACHE JUNCTION AND D.R. HORTON, INC., A DELAWARE BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS OWNER, HAS HERETO CAUSED ITS NAME TO BE 04021 CO200E DATED DECEMBER 4, 2021 AND FLOOD ZONE X (SHADED) PER LOMR 21-09-0194P EFFECTIVE CORPORATION, DATED OCTOBER 28, 2021 AND RECORDED AS FEE NO. 2021 140530, OFFICIAL AFFIXED AND THE SAME TO BE ATTESTED BY THE SIGNATURE OF THE UNDERSIGNED OFFICERS THIS DATE OCTOBER 22, 2021. OTHER AREAS OF FLOOD HAZARD ZONE "X" IS DESCRIBED AS- "AREAS OF RECORDS OF PINAL COUNTY, ARIZONA, DEVELOPER, AND ITS SUCCESSORS AND ASSIGNS L A/VD MINIMAL FLOOD HAZARD." OTHER AREAS OF FLOOD HAZARD ZONE "X" (SHADED) IS DESCRIBED AS- "0.2% (WHICH MAY INCLUDE BLOSSOM ROCK COMMUNITY ALLIANCE, INC., OR BLOSSOM ROCK RESIDENTIAL ASSOCIATION, INC.), SHALL MAINTAIN ANY AND ALL LANDSCAPING INSTALLED 6- ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1%ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH LESS CO 23945 Z_ DAY OF 320. THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN ONE SQUARE MILE." WITHIN AND ADJACENT TO THE ROAD RIGHTS-OF-WAY WITHIN THE SUBDIVISION SHOWN ON n-1 (D BRIAN J. THIS PLAT. DIEHL A -z? BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY n �a N A, BY: CERTIFICATION EXPIRES.09-30-26 1, BRIAN J. DIEHL, OF WOOD, PATEL &ASSOCIATES, INC. HEREBY CERTIFY THAT THIS PLAT IS A CORRECT ITS: NOTES REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT , CHECKED BY I HAVE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY CERTIFY TO ITS BJD 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF CORRECTNESS AND THAT ALL TRACTS AND PARCELS ARE STAKED OR WILL BE STAKED AND ALL MONUMENTS c6 CAD TECHNICIAN BY- CURB SHALL BE THE RESPONSIBILITY OF THE BLOSSOM ROCK COMMUNITY ALLIANCE OR ARE SET OR WILL BE SET WITHIN ONE (1) YEAR AFTER RECORDATION. MR CU SCALE BLOSSOM ROCK RESIDENTIAL ASSOCIATION, AS APPLICABLE, OR THE ABUTTING PARCEL ITS- NTS OWNER. DATE C� 04/17/2025 C� 2. CONSTRUCTION WITHIN UTILITY EASEMENTS SHALL BE LIMITED TO UTILITIES, REMOVABLE BRIAN J. DtEHL JOB NUMBER FENCES AND DRIVEWAYS. WP#235498.01 REGISTERED LAND SURVEYOR #23945 !_5 SHEET WOOD, PATEL &ASSOCIATES, INC. 0 1630 SOUTH STAPLEY DRIVE, SUITE 219 E 1 OF 6 0 MESA, ARIZONA 85204 0 > pp C/� L WOOD SITE MAP LINE TABLE SITE MAP CURVE TABLE NORTHWEST CORNER (THIS SHEET ONLY) (THIS SHEET ONLY) SECTION 20, T1 S, R8E, FD 3" PCDPW BCH PATEL POC LINE BEARING DISTANCE CURVE DELTA RADIUS ARC CHORD BEARING CHORD DETAIL A Ll S58046'30"E 22.06' C1 12051'08" 2065.00' 463.21' N83021'31"E 462.24' THIS SHEET DETAIL B L2 N75051'51"E 21.00' THIS SHEET Wood,Patel&Associates, Inc. Civil Engineering Water Resources L3 S75051'51"W 90.15' WARNER AVENUE Land Survey L4 N00017'35"W 259.78' IV N89047'05"E 2643.91' Construction Management 602.335.8500 L5 S89042'25"W 21.50' www.woodpateI.com N44046'30"E 17.99' — — — — — — — — — — — —— — — — CO- 01 BLOSSOM ROCK PHASE3A FEE PCR PARCEL4 L6 r-- PARC'EL 2 0 CD CD PARCEL AREA TABLE owl PARCEL NO. AREA AREA USE SQUARE FEET ACRES LL1 PARCEL2 771,769 17.7174 FUTURE DEVELOPMENT PARCEL, PUFE 2 < PARCEL3 26,348 0.6049 FUTURE WELL SITE, PLIFE _j < IRONWOOD PARK PHASE 2 C) PARCEL4 128,511 2.9502 OPEN SPACE, RETENTION, DE & PLIFE 0� W 00 "Zt 2 < TOTAL 926,629 21.27 1 :Z7 Lu 00 CD PARCEL3 CD < 0 W CD C) W LD W DETAIL C THIS SHEET Uj W = 0 PARCEL4 z U) < a- < N90000'00"W 1101.97 SITE DATA TABLE C) A GROSS PROJECT AREA 1.068.249 SQ.FT. 24.52 AC. 0 B NET PROJECT AREA 926,629 SQ.FT. 21.27 AC. 0� C CURRENT DEVELOPMENT GROSS PROJECT AREA 208.708 SQ.FT. 4.79 AC. 2 D CURRENT DEVELOPMENT NET PROJECT AREA 128.511 SQ.FT. 2.95 AC. BLOSSOM ROCK 0 PHASE313 W E CURRENT DEVELOPMENT OPEN SPACE* 128,511 SQ.FT. 2.95 AC. U) FEE 1PCR El ACTIVE OPEN SPACE 128.511 SQ.FT. 2.95 AC. E2 PASSIVE OPEN SPACE 0.0 SQ.FT. 0.0 AC. F PERCENT OPEN SPACE E:,'C) 12.0% G PERCENT ACTIVE OPEN SPACE (El;E',' 100.0% H FUTURE DEVELOPMENT GROSS AREA** 859.541 SQ.FT. 19.73 AC. I FUTURE DEVELOPMENT NET AREA 798.110 1 SQ.FT. 18.32 AC. i NUMBER OF LOTS 0 K EXISTING ZONING MPC L PROPOSED ZONING MPC M GROSS PROJECT DENSITY (1,C) 0.00 DUI ROSS AC LEGEND N NEIGHBORHOOD RIGHT-OF-10,/AY 1 01 SQ.FT. 01 AC. CORNER OF THIS SUBDIVISION SET MONUMENT W/RLS TAG OR CAP UNLESS OTHERWISE NOTED SURVEY MONUMENT FOUND AS NOTED 0 CENTERLINE MONUMENTATION - SET BRASS CAP FLUSH UPON COMPLETION OF PROJECT PER MAG DETAIL A DETAIL B DETAIL C STANDARD DETAIL 120-1, TYPE "B" SCALE: 1 50' SCALE: 1 50' SCALE: 1" 5 0' BC BRASS CAP BCH BRASS CAP IN HANDHOLE L A NO FD FOUND \�ICA7Z� GLO GENERAL LAND OFFICE 0 Co 23945 - PCDPW PINAL COUNTY DEPARTMENT OF PUBLIC BRIAN J. 1_T<1 WORKS DIEHL PCHD PINAL COUNTY HIGHWAY DEPARTMENT PCR PINAL COUNTY RECORDS PUFE PUBLIC UTILITY AND FACILITY EASEMENT POB POINT OF BEGINNING EX�'IRES 09-30-26 POC POINT OF COMMENCEMENT R/W RIGHT-OF-WAY SE SEWER EASEMENT 0) 3: CHECKED BY SVT SIGHT VEHICULAR TRIANGLE BD co CAD TECHNICIAN VNAE VEHICULAR NON-ACCESS EASEMENT MR co BOUNDARY LINE SCALE DESCRIPTION PARCEL/TRACT/LOT LINE 1" 100' PARCEL A, PHASE 3 COMMERCIAL, DATE SECTION LINE c16 04/17/2025 RECORDED IN FEE NUMBER 2024-061061, PINAL M lzt RIGHT-OF-WAY LINE 0 100 200 u) JOB NUMBER COUNTY RECORDS, APACHE JUNCTION, ARIZONA WP#5498.01 EASEMENT LINE AS NOTED C) CN SHEET Horz. 1 in. 100 ft. E 2 OF 6 0 0 WOOD PATEL WARNER AVENUE PHASE I NORTHWEST CORNER FEE 2024-061054, PCR SECTION 20, T1S, R8E, FD 3" PCDPW BCH Wood,Patel&Associates, Inc. PINAL COUNTY DEPT. OF PUBLIC WORKS Civil Engineering Water Resources Land Survey N89047'05"E 2643.91' Construction Management . . . . . . —F 602.335.8500 www.woodpatel.com WARNER AVENUE LO CD C-0 CD co C14 CD Uj LU N89047'05"E 568.07' C1 364.75' 203.32' CD co LU LU LL CD C� CD 0 �0 -�I- CD U) CN LU LU U— M LL] S89047'05"W 249.78' 0 z LL1 < 65' R/W 86.5' R/W —i FEE 2023-023735, PCR FEE 2023-023735, PCR < C? UJI < Lu 0 CD 8' PUFE (:Z> 0 C:) FEE 2024 - 061054, PCR (:Z> am LU U) Uj 0 C-� ZD Uj co Uj LU zo z < < co 0 04 CD, U= C�o LU W N89"52'29"E 7.70' L) 0 PARCEL2 PARCEL4 0 W 0 co co 0 co C:> Lu p CD CD 0 CD (D W NJ MATCH SHEET 6 LA/Vo \V�CA CO 23945 (D BRIAN J. DIEHL 0 QNA, LINE TABLE CURVE TABLE EXP'fRES 09-30-26 LINE BEARING DISTANCE CURVE DELTA RADIUS ARC CHECKED BY Ll S58046'30"E 22.06' C1 12051'08" 2065.00' 463.21' BD CAD TECHNICIAN L2 N75051'51"E 21.00' C2 90000,001, 70.00' 109.96' MR SCALE (D L3 S89042'25"W 21.50' 30' + DATE o6 04/17/2025 L4 N44-46'30"E 17.99' M 0 30 60 C'A JOB NUMBER EEL-- WP#5498.01 CD SHEET 0 Horz. 1 in. 30 ft. w E 3 OF 6 0 WOOD i PATEL WARNER AVENUE PHASE I NORTH 1/4 CORNER FEE 2024-061054, PCR SECTION 20, T1S, R8E FD 2 1/2" GLO BC Wood,Patel&Associates, Inc. 1.01 UP Civil Engineering Water Resources Land Survey -,n N89047'05"E 2643.91' Construction Management rn 602.335.8500 PON www.woodpatel.com WARNER AVENUE C32 V2 Ln C1 C) Ca C) rn C) Ul BLOSSOM ROCK PHASE 3A -)o FEE PCR LLI 0 z LL1 < < LL] co- (E0 < Z: 0 am LL1 LL1 0 ZD LU PARCEL 2 LLJ = C) z U) < < U) U) 0 ?,INN _S00000'00"E 483.14' MATCH SHEET 5 LA/Vo CO 23945 (D BRIAN J. DIEHL 0 4-� EXOIRES-69-30-26 CHECKED BY BD U- CAD TECHNICIAN MR SCALE 30' + DATE C� 00 04/17/2025 M 0 30 60 '- JOB NUMBER co WP#5498.01 CD SHEET 0 Horz. 1 in. = 30 ft. w E 4 OF 6 0 wo OD P-ATLE MATCH SHEET 4 Wood,Patel&Associates, Inc. Civil Engineering Water Resources Land Survey Construction Management 602.335.8500 www.woodpatel.com BLOSSOM ROCK PHASE 3A FEE PCR LU 0 z LU < < C) LU < 0 Lu LL1 0 PARCEL2 ZD LL' z LLJ = C) U) < < LL 00 00 �u ED C) 0 C) U) U) U) 0 —i 895.97' N90000'00"W 1101.97' BLOSSOM ROCK PHASE 3B FEE PCR LA/Vo CO 23945 (D BRIAN J QNA, EXP'fRES 09-30-26 CHECKED BY BD co CAD TECHNICIAN 0" MR SCALE ill = 30' DATE C� 00 04/17/2025 M 0 30 60 C'A JOB NUMBER MEL-= WP#5498.01 CD SHEET 0 Horz. 1 in. = 30 ft. w E 5 OF 6 0 . WOOD PATEL MATCH SHEET 3 Wood,Patel&Associates, Inc. 8' PUFE PARCEL4 Civil Engineering FEE 2024 - 061054, PCR zo Water Resources Cli Land Survey C14 00 Construction Management N89042'25"E 51.79' 602.335.8500 www.woodpatel.com LU U— C-� Lr) L0 0 C) CD CD 0 CD U) 0 LLJ L3 0 z S89042'25"W 58.50' LL1 < Ln C) 8' PUFE 0� LL] FEE 2024 -061054, PCR PARCEL3 ZD 17 < C� Z! C=) c::) 0 0 C� L0 "-I- U C3 �u UJI PARCEL2 LL1 0 L0 0 CD 0 CD 65' R/W 65' R/W CD Cf) 0 C=) ZD FEE 2023-023735, PCR FEE 2023-023735, PCR CD LU U) <z UJ C) U) < bo < zo EO w = I LO co 0 CD C—D N89042'25"E 150.00' 0 Cf) CD CD co co 0 ao PARCEL4 206.00' 1 895.97' N90000'00"W 1101.97' BLOSSOM ROCK PHASE 3B FEE PCR LA/Vo \V�CAr,� CO 23945 BRIAN J. (D DIEHL '/V n "C01-- NA, EXN(UE , 9-3 0-26 - - - - - - - - - - - - - CHECKED BY BD CAD TECHNICIAN MR WEST 1/4 CORNER + SCALE SECTION 20, T1S, R8E 30' FD 3" PCHD BCH DATE C� oo 04/17/2025 M 0 30 60 C'A JOB NUMBER WP#5498.01 CD SHEET 0 Horz. 1 in. 30 ft. w E 6 OF 6 0 City of Apache Junction, Arizona 300 E Superstition Boulevard 0 Agenda Item Cover Sheet Apache Junction,AZ Agenda Item No. 9. 85119 Piz File ID: 25-263 Sponsor: Bryant Powell and Joel Stern Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of approval of extending development agreement through 1st amendment for 160-acre property located at the S/E corner of Meridian Drive and Southern Avenue (Fortune Travel, Inc. represented by Sean Lake of Pew & Lake, PLC). City of Apache Junction,Arizona Page 1 Printed on 512812025 9p,CH,p City ofApache junction Z Rome ofthe Superstition Mountains I Zo C i ty Manager's Office DATE: June 2, 2025 TO: Honorable Mayor and Members of City Council FROM: Bryant Powell City Manager SUBJECT: EXTENSION OF DEVELOPMENT AGREEMENT THROUGH 1ST AMENDMENT FOR PROPERTY AT THE SOUTHEAST CORNER OF SOUTHERN AVENUE AND MERIDIAN BOULEVARD The owners of the 160-acre property located at the above location have been working with the city for many years regarding the development of this property. In fact, in 2009 the council approved a development agreement wherein the property would be annexed into the city with trailer homesite zoning, allowing up to 650 adults only manufactured home dwelling units, among other things, with a Term expiring on May 30, 2030. Because of circumstances beyond the control of the parties relating to on-site drainage and stormwater flow, an amendment to the agreement until June 30, 2040, is necessary to allow further negotiations relating to the use and densities of the property. Staff request mayor's approval by the council authorizing the extension. FIRST AMENDMENT TO PRE-ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND FORTUNE TRAVEL, INC. THIS AMENDMENT Is made and entered into this d ay of 2025, ("the Execution Date") by and between the CITY OF APACHE JUNCTION: ARIZONA, an Arizona municipal corporation ("City"), and FORTUNE TRAVEL, INC., an Oregon corporation ("Developer"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. On August 18, 2009, the Parties entered Into a Pre-Annexation Development and Drainage Settlement Agreement (the "Agreement") for development of one hundred twenty-three (123) acres located adjacent to the southeast corner of Southern Avenue and Meridian Boulevard (the "Property"). B. Since 2009, ADOT condemned and developed the SWC of the Property for a freeway on ramp and no other development has taken place. The Agreement set to expire on May 30, 2030 ("Expiration Date"). C. Developer and City desire to amend the Agreement for an additional ten (10) years after Expiration Date. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which Is hereby acknowledged, the Parties agree to amend the Agreement as follows: A. Section 2. TERM. The original Term of this Agreement Is from August 18, 2009 through May 30, 2030, or until all obligations have been fully performed, which ever date Is sooner. The Term is extended with an end date of June 30, 2040, but there shall be no f urther extensions u nless agreed to by an Amendment to this Agreement. All obligations of the City and Developer under the Agreement remain in ful I force and effect. Additionally, except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. DEVELOPER: FORTUNE TRAVEL, INC., an Oregon corRoroon —k"2 .3 11)�o By: F U;I"�- 1�-b I F Its: M'!Za CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its:.Mayor ATTEST: Evie McKinney City Clerk APPROVED AS TO FORM: -2-5 R. Joel Stern City Attorney 2 STATE OF ) ss. COUNTY OF The foregoing was subscribed and sworn to before me this —day of f 2025, by as of Fortune Travel, Inc., an Oregon corporation. �f6 e 0-11Ae"h e"I Notary Public My Commission Expires: STATE OF ARIZONA ) Ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this day of 0 2025, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires; 3 CALIFORNIA JURAT GOVERNMENT CODE§8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ce(tificate is attached,and not the truthfulness,accuracy,or validity ofthat document. State of California Counryof Subscribed and sworn to(or affirmed)before me on this '21,0L day of 1�4 01 X —,20 -2-f , by Date Mon'th Year ,A"-1 j--h--;I-/ 7-A (and(2) WY AK AltELLANO M"OT Name(s)of Signer(s) Navy Public-calftmis Los An"les County Commisslori#2492664 proved to me on the basis of satisfactory evidence to 40MY COM ExPires Jum 20.2029 be the person(s)who appeared before me. Signature Place Notary Seal andlor Stamp Above SignatuW of Notary Public OPTIONAL - Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Aftached Document Title or Type of Document: F;t,.(� A�",&4m e P, � -b Pl-e A-, L'�I-ve/Opfil ely Document Date: NumberofPages: J Signer(s)Other Than Named Above: 02019 National Notary Assoclation L OFFICIAL RECORDS OF 18 75 PINAL COUNTY RECORDER IL m HEN F,.,.-ECORDED RETURN TO . LAUM EAN LYTLE City Attorney DATE / TIMEov 08 / 21 / 09 1253 1 y of A ac e unction p 9 FEE -so $ 25 . 50 300 East Superstition Boulevaard Apache uncti" on Arl" zona 85119 PAGES 34 j FEE NUMBER 2 0 0 9 0 8 6 0 10 PRE� �ANN XATION DEV OPM N AND DRAINAG S TT EMENT AGREEMENT CITY OF APACHE JUNCTION!, ARIZONA It 0 0 an Arizona mumcipal co oration, and FORTUNE TRAVEL INC ,. 9 an Oregon co oration August 18 2009 PREmANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT Theis PRE�ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT 0 AGREEMENT Agreement 1 6 s entered into by and between the CITY OF APACHE JUNCTION1111 an Arizona municipal corporation 44citv 1151 and FORTUNE TRAVEL INC . , an Oregon corporation ("Develo er" . Cit and Develoner are someti es herel* n referred to P y - IF 0 collectl* vely as "Parties", or individually as a "Party" " . RECITALS I Developer owns approximately one hundred twentymthree ( 123 ) acres of 41 unimproved real property Pinal County AsiSeSsor Par el NI)SO 102 19 003A and 102 19 0038 located adjacent to the southeast co er o f Mendian Boulevard and Southern Avenue in ril 0 If which uninco orated Pinal l���Count rizona (the Property the legal descnption and IuF are attached hereto as Exhibit A and are i" nco orated herein by reference. 2e. The Parties desl* re that the Property be annexed 'Into the corporate limits of the City,* and once annexed it is the 1* ntenti* on of Developer to develop the Property in phases as an 'm active adult manufactured home co munity consi" sti* ng of approximately 650 resl* dential units and a clubhouse. 3e. The annexati' on. of the Property, the contemplated development and use of the Property pursuant to this agreement are consiostent and in harmony with the 1999 Apache Junctl* on General Plan (" General Plan") ,, 40 Developer desi* res to gain consent om the City for Superstitloon Mountai* ns Community Facilities D14strict No . I (" Sewer Di* strict") to provide sewer servi* ce to the Property pursuant to A. R. S . § 48 �709 (A)( 14) . 0 5e. Developer has submi* tted, or will submit, a completed development review 0, application for the Property (which includes, but is not limited to applicati" ons for approval of 4 In 0 0 grading and * dral* nage, traffic,, elevations !, sl'ote plan, landscaping and si" gnage) flor review by City IP 6 in accordance with City's and ordina,1111111j� zoning, planning and development review processes . The proposed Site Plans for the Property are attached hereto as Exhl" bits B-a- I B �2 B � 3 and B �4 . 69 It 1* s anticipated that development of the Property pursuant to this Agreement will 0 0 0 result 'in aesthetic, planning, economic and other tangi a ble and 1* ntangible public benefits to the C0 6 0 a 0 t a 0 1 y inc, u ing provi ing or e construction o e u ic oa way mprovements an rainage Im rov en 11113 "as 111 y escri e in x 1 1 pro vi ing or p anne an o er y 9 0 0 development of the Property, adding to the tax base and otherwise increasing tax revenues to the Cit ansing m or relati" ng to the Pro erty, improvi 6 ng or e ancing t e economic welfare of the 0 0 resi ents or busi" nesses of the Ci y and advanci* ng he oal 0 A ac e unc ion enera an, & 0 0 an rovidin r additional tangi le and intan ible municipal benefits rovided for in thl* s A eemente. 2 7 ,v The Pairti* es understand and acknowledge that this Agreement is a "Development f d entered * nto Agreement" wl' thl* n the meaning o . an 1 pursuant to the tenns of, A ,. R,. S ,. § § 9m5OO * O5 and 9-500 . 11 . In order to faci' ll" tate the annexation thl* s Development Agreement provides for III lqw 0 amon other thin s . i* conditions terms restrictions and requirements for the annexation of the 9 9 Propertyb theCitye (ii the pennit,ted uses of the Property" (111) the density and intensity i��Df Such Y uses ; and (iv) other matters related to the development of the Property. The ten'ns of this Agreement shall constitute covenants running with the land as more fully described in this Agreement. 80 This Agreement is also intended to settle any and all fuPtive drainage claims, o bj* ec Y I gh b y tions and alleged stormwater drainage damages that currentl ex * st or could be brou t 0 1 ims gain either Pafty, and fully to re ease and d scharge all cla * that el" ther Party may have a st the other in connection with such clai* ms and damages . AGREEMENTI 0 0 0 NOW THEREFORE , in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein and for other considerati 0 on the receipt and adequacy of whi" ch is hereby acknowledged, the Parties hereto state confi and agree as follows : SECTION 1 . ACCURACY OF THE RECITALS h Th les ereby confinn ac.. c rill a e �()v which ar rated e Part the u iiay f the Recit ;3 �,s - t fi rth bt] e, e inco o 6 0 herein by this reference.. SECTION 2 . TERM Thl" s Agreement shall commence on the date that the conditions in Sectl* on 4 are satl* sfied and .6 a 0 1 � 0 1 all I I this Agreement is recorded Effective Date with the Pinal County Recorder s Offic. s al continue untiol May 30 2030 or until all oblig lions have been ful Y erfonne W ich ever date is soonen Notwi* thstandi' n the fore oin rovided Cl* ty is not in lefau a I o 1 ations of Develo er to 1' ndemni" Y. defend and hold the Ci* ty annIess shall survive the expiratimon or earlier termin ion of thl* s A eement. SECTION 3 . APP ICABLE LAWS The development and operati" on of the Property includi' ng, without 11* mitation, the type of use, the maximum hei an size of the bul* ldl* n s , uildin setback re uirements in re uirements,, si a e. an sc in re uirements, rovisions for dedi* cati" on of land for pu lic P osies , will be 0 0 overned b t e followin as e exist on the Effectieve Date and as amended b e Ma or an Cit Council fro ti e to time rovi ed the chan es are not in conflict wl* th the Develo ment A eement or Planned Area Develo Ment and does not alter includi* n the densit esi criteria ot si* ze setback an in re uirements esta lioshed i* n the Planned Area Develop-ment roved b e Ci' ty Councl' I in the Zonin A cati 0 on * An* zona Reviosed Statutes ederal laws Y the Cit ' s General Plane t e A ac e Junction Ci" t Code Land Develo ment Code Zonin 3 4F I* # 0 Ordinance, Sibte Plan, Subdivision Regulations , as applicable, Engineering Policies and Guidelines Building Codesr standIIIIIIIIIIIIIIIIIalone ordinances and resolutions and all other requirements d h h and policies an practices w ic apply to the development,, SECTION 4,, ANNEXATION AND - ZONINGI A * Annexation 4 . A . 1 . Developer shall deliver to Ci* ty a Petition for Annexati" on of the Property duly executed by all necessary property owners and others holding any interest in the Property (the "Annexation Peti* t1* on") . Upon recel* pt of the Amexation Peti* tl* on, and other peti* tl* ons from affected property owners Cl' ty shall coi A.I.1ply with the provisions of A . R. S . 9m471 et seq.. .. and if annexation of the Pro ert is P Y thereupon determined to be in the best interest of City, City shall adopt the fiinal 0 0 t P 9 t ordinance annexing ..,,.he Prop .....fty into ..he co, orate limits of City (the 44 X11V is 0 1�1 -* 6 ated th 0 A at 9 Am%...Xation Ordinance It is camnticip '. is greement, the Annex ion col� nsidered by the Mayor and City Ordinance and the Rezoning, will all be G�� Council on the same date ,, 4 . A . 2 . The effective date of the Annexation Ordi" nance shall be referred to in this Agreement as the "Annexati* on Date. " Developer shall take all actl* ons and execute all documents reasonably necessary to cause or facilitate the completion of the annexati 0 on process . Developer agrees, understands and acknowledges without limiting any other remedy or relief flor a subsequent breach of any of the conditi 0 ons of this Agreement, that once the Property has been annexed into the co orate limits of the City, there presently does not exist any statutory remedy for such breach by the City that would result in the Property bei" ng automatiocally deIIIIIIIIIIIIIIIIIIannexed from the Cl* ty and returned to the status of bei* ng located in uninco orated Pinal County temtory.. B Zoning Contemporaneously with the Annexati' on Ordl* nance and pursuant to A,. R., S ., § 9�471 (L) City staff shall recommend to the City Council a Cl* ty zoning classi" ficati' on for the Prol erty of General I ural " GR" whi" ch is the e uivalent to the Pro erty' s current Pl* nal County zoning class 1* ficati* on. In addi* tion, immediate after the Annexation Ordinance is consi ered Y he Malvor and C1' Y Counci staff wl' 11 recommend to the Mav r n- u Y desi ion for the Pro erty as Tra1* 1er Homesite y lanned Develo ment 44TH �PD " . The enactment of any zoning ordinance wi respect to the Pro erty shall be in the sole di* screti" on of the City Counci" I . on i ions rece ent 4 - C . 1 The annexation of the Pro ert into the City,, and the ado tion of a THmPD Zonin I classification wi* th conditions of a roval mutua accel a e to it an Develo er or the a rope y are con 1 ions prece ent to e commencement an e ctive date of thl* s Agreement. In 4 the event of a failure of the conditions precedent to be met, Developer upon seven (7) calendar days ' written noti* ce to the Ci* ty, shall elect ei* ther to tenninate this Agreement or to wai* ve such 0 0 a -9 49 conditions precedent and thereupon to undertake the Developer s obligations as descnbed in Section 5 , 4 .. C . 2 . Reconsideration Provision :0 The City agrees to place the annexation ordinance on 1 0 a po the next City Council meeting flor reconsideration upon Owner s timely wntt ...n request for a 0 a 0 0 0 reconsideration if: (a) any person or entity timely flies any protest, appeal,, referendum, litigation or other petition (includi' ng, but not limited to , any petl* tl* on filed pursuant to A. R. S . Section 9 - 471 C ch n in C alle 9 9 the validity or approval of the Annexati" on Ordinance4l (b) the Cl* ty does not at or before the same Ci* ty meeting in which the Annex ion Ordinance is adopted a rove the PP zonin,,go (c) any person or entity timel��y filles an Y protest peti" ti* on challengl* ng the vali* dity or approval of the Zoning', or (d) any person or enti'oty ti ely files any protest"111111 appeal 111111111111 referendum., .8 0 0 If 0 9 �i�!! 111111111111) litigation or other petition challenging the validity or approval of this L �greement. If wner 4 0 0 * ent exercises its rights under thi* s Section the request wi* 11 be submitted to the City in sufficie * Ote noto In inances ,, ti* e to allow for requisi ice periods under the City'- s Codes and Ord * 0 0 & 4 . C . 3 . Automati* c Termination of Ageement,, The City and Developer hereby acknowledge and agree that thl' s Agreement shall autom ically terminate and be of no force or effect 1" f the City' s annexatl* on of the Property does not for any reason become effecti* ve and final pursuant to A. R. S . § 9-471 (D) on or before May I O� 2 010 ISO SECTION 5 . DEVELOPER' S OBLIGATIONS Developer ' s obli 0 gations under this Agreement and Section 5 shall only be required i a f the Developer elects in its sole and absolute discretilpon to proceed with the deii�el ,1111 pn1leillit. At tl,,lat point and only at that point, the Developer shall be obligated to co plete the Public 111111�ltoadway Improvements and Drainage Improvements as set forth and described in Exhl' bl" t C . If Developer proceeds, Developer agrees to do all of the following : 0 a., Sigti an annexati9on peti'* tion as referenced in Secti* on 4 as presented by the Cl* ty and 111111 1 at no cost or ex ense to CI'* 3( 0 take an other reasonable action if 40 acco li" sh annexatl* on of the Propertyi" nto the co orate limits of Cl* t b . At its sole cost and expense, bui* 1d and co lete the Public Roadway Improvements an rainage provements as set o and described in Exhl* bl* t C to the Cl* ty 0 0 0 In 0 0 ngineer I -s s is ac. ion wi in e ime ames es a is e or eac p ase. City ac owled es at 1 111) 11 11)e e relm urse 160� 000 or Drainage ®R 111provements an s a receive a Development Fee credl* t for Ri t o f Way I* dedication value and Public Roadways provements in accordance with ARS 911= 463 * 05 (B) (3 ) ,m Cit eracknowled esthatDevelo ershallonl e res onsible for twent - five ercent 25 % of the traffic si" alizatl' on costs at Southern and Meridian . c Co lete constructi* on on a clubhouse which 'i' s detailed on the case file renderings a a 0 IV W ic as een su mi e o t e Deve op ent Services epartment, anning D 40 0 a ivisi on, no a er an i y mon s, a er o taining a govenunenta prova. s ,, 5 SECTION 6 . CITY ' S OBLIGATIONS City agrees to do all of the following . 40 a. So long as Developer is not in default of this Agement, upon completion and .9 approval of the Drainage Improvements detailed in Ex bl' t C pay Developer an amount of no ore than One Hundred SI* xty Thousand Dollars ($ 160, 000 . 00) . Pay1ment shall be ade by CI' ty within sixty (60) calendar days after receipt by City of 0 written demand fro Developer for reimbursementl including copies of recelpted invoices (showing payment 1 8 n full) and lien releases for all work. Developer understands and agrees that CI* ty shall not reimburse Developer for interest relating to the Public Roadway Improvement or Drainage Improvement costs or any other sum ansing from or relatl* ng to the fact that the reimbursements to Developer may be paid over time . Thl" s shall be the enti" re payment om the Ci* ty to Developer with respect to the Drai* nage Improvements, notwithstandl" ng any greater cost or expense incu ed by Developer. b . Rei burse Developer all offsets that are allowable (as deten-nined by the 1 111111111111111111111111) 0 0 �i!!kin 9 0 C jjq�;�701 '6 II Lmd C evelopment Fee A ..dministrator) under . . ,: ache Junction lcitv lCod d Develo ment Co e Charl-F*ftter 7 Develo ment Fees for roadway im rovements. to IP 3� QP P Meridian Dn* ve and Southern Avenue, and any associ* ated traffic signall'ozati" on as 0 V 0 C 1* 0 required in Exhibit Ce .....ty shall provide Development Fee credits toward the payment of the development fee for the required dedication of publl* c rightmofmway for a 0 0 0 which the development flee is assessed provided by Developer in accordance with A* RGSG § 9M463 -10105 (B) (3 ) 40 9 c. Completion of construction of the Drainage Improvements by Developer as described 6 0 in Exhl* bl* t C are condi" ti* ons precedent to the City providing the reimbursements to (a) and (b) above.. developer provi" ded 1* n subsections SECTION 7 . CONSTRUCTION The Publl* c Roadway I provements shall consist of construction of all adj* acent half streets ( Southern Avenue and Meridian Drive), curbs, gutters, sidewalks , streetli" glits , underground uti' lity work, and Ci" ty�requi* red traffic si" gnais descri* bed in Exhl* bl* t C to thl* s Agreement .. SECTION 8. DESIGN., BIDDING, CONSTRUCTION AND DEDICATION The Publi' c Ro way lmprj�� le, n s shall be designed bid constructed and dedicated in ad me -tl L 16 n g accordance with App icable aws, including wi oul 1 ation al P ica a City ,I rocurement and u Ii* c bi' ddi* ng ocedures such as , but not limited to A . R. S . Title 34 as determined to be 1 0 cable b e Cl* t n ineer,. SECTION 9 . CITY � VIEW AND APPROVAL OF PLANS, 6 Developer recognizes that I'* ts develop ent and constructi* on of the Publi" c Roadway Improvements and Drainage improvements pursuant to thl* s Agreement are sUbject to City' s no al plan submittal review and approval processes and fees, and dayAo-day inspection 0 services . SEC ION 109 DEDICATION., ACCEPTANCE AND MAINTENANCE OF PUBLIC IMPROVEMENTS pi When the Public Roadway improvements as dete ined by City are considered to be com leted, upon vmtten request of City or Developer, Developer shall dedl* cate and CI* ty shall accept such Public Roadway Improvements in accordance wl* th the Applicable Laws set forth above and a 0 is 0 upon such reasonable and custo ary condi' tions as City may impose, including without limitation a two (2) year workmanship and materials contractor's warranty. Upon acceptance by Citiv the Public Roadway iniprovements shall become publl" c facilities and property of Ci" ty, and City (subject to the warranty described above) shall be solely responsible for all subsequent maintenance, replacement or repairs ., Wi* th respect to any clai* ms ansing Pnor to acceptance of the Publi* c Roadway Improvements by City, Developer shall bear all risk of, and shall indemni" fy, defend, pay and hold harmless Cl* ty and 1" ts officials employees and City Council members, for, 0 0 4P 9 0 0 from and against any claim ansing from any injury (personal economic or other or ro erty P P damage to any person, entity or utility, ansing from the condi" ti* on loss damage to or failure of ..Almallmm& any of the Public Roadway I i1provements . Developer shall not dedl* cate, and City shall not 0 accept ownership of the Drai* na, e I rovements descn* bed in Exhi* bl" t C. and Developer shall 9 9 MP 6 49 maintain the Drainage Improvements in pe etuloty consistent wl* th conventional drainage mai 0 ntenance standards The foregoing covenant of Developer to maintain the Drainage I provements shall survive the expiration or earlier tenninatl* on of thl' s Agreement . SECTION 11 . TIMING FOR PAYMENT OF CITY FEES Developer shall pay all 'impact, development, and administrative fees currently in effect or as may be adopted 'in the future (refe ed to individually as a "City Fee" or collecti' vely as "City Fees") as and when such Cl* ty Fees are assessed, due or otherwise required to be pai* d by Developer, except that payment of Permitting Fees and Develop ent Fees assessed for each unit pursuant to Apache Juncti6on Ci'0t,,,,.y. Co Volume 11 , Land Development Code, Chapter 7 , uni* t by unit ba * Development Fees , may be paid on a siso SECTION 12 . CITY REPRESENTATIONS1 City represents and warrants to Developer that : 0 1@ * th a. City' s execution and approval of thl* s Agreement has been made in comp iance wi 9 a the procedural requirements of the Apache Junction Cl* ty Code and Arizona Revised Statutes . b . Cl* ty will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to 14mPlement and evidence this Agree ent. 7 00 0 c . As of the date of this Agreement, Ci" ty knows of no 11* tigation, proceeding, initi'oati a ve, 0 0 0 is referendum or investigation contesting the powers of City or its offilcials. with respect 49 been dl* sclosed in wntiong to Developer. to this Agreement that has not otherwise d . The execution deli* very and perfo ance of thl' s Agreement by City is not prohl' bl' ted S .6 'a dgru by, and does not confli* ct with, any other agreements instruments or ju -- ents or 0 a 0 19 decrees to which City is a party or is otherwise subject.. e,. Ci* ty has been assisted by counsel of its own choosing in connection wl' th the preparation and execution of thl" s Agreement. SECTION 139 DE.VE OPER REPRIESENTATIONS Developer represents and warrants to Clety that : 0 p o thi* s a. Developer has the full right, power and authonzatleon to enter i* nto and erfi 0 Agreement and the obli 6 gations and undertakl* ngs of Developer under this Agreement and the execution, delivery and performance of this Agreement by Developer has I documents been duly authorized and agreed to in compli* ance with the organizationa of Developer. b . All consents and approvals necessary to the executl' on, deli* very and Perflonnance of this Agreement have been obtai* ned and no further action needs to be taken in connection with such execution, delivery and perfiormance,. c. Developer wi' ll execute and acknowledge when appropnate all documents and instruments and take all actions necessary to 1- --siplement, evidence and enforce this Agreement. 1%MW d . As of the date of this Agreement, Developer knows of no litigati* on, proceedi 0 ng or investigation pending or threatened against or affecting Developer, which could have 0 a material adverse affect on Developer's perfo ance under this Agreement that has not otherwise been disclosed in writing to Cl* ty.6 e. This Agreement (and each undertaking of Developer contained herel'wn) consti'otutes a a vaiid, blmndi* ng and enforceable obli* gation of Developer enforceable according to I* ts 9 te s, except to the extent 11" m1* ted by bankmptcy, insolvency and other laws of 0 46 9 a IN 16 general application affecting creditors rights and by equitable principles whether .0 In 0 0 0 considered at law or in equity,,, Developer will defend the vali* dity and enforceability of thi' s Agreement in the event of any proceeding or litigati* on ansing from its terrns that names Developer as a party or which challenges the au-thority of Developer or 0 41 'P City to enter into or perflorm any of its obligations hereunder and will cooperate with City in connection with any oil er acl 0 on I y a T1 ir I P ly in which Cily is a party and I e ene its o is A eement to 1 Y are a len e and Develo er shall in enmi* efen a and hold Cl* ty hannIess for,, and a ainst all cos s ex enses and Y atto eys ' ees incurre by City in connection with any such actl* on to defend enforceabl* i Y of thl" s A eement. Cl* y and Develo er a ee to work to ether to : I 0 0 eva uate t e o ig ion o procee in defense of thl' s A eement or 2 to mutua y 8 0 0 tenninate thi* s Agreement; and 3 ) provl* de for reimbursement by Developer to City for any challenged payments made under this Agreement for Drai* nage Improvements . In no event shall Developer be obli* gated to spend more than $ 160, 000 'in defense costs . 0 f The executi9on, deli* very and perfo ance of thl* s AgTeement by Developer is not 0 0 prohibited by, and does not conflict with, any other agreements, instruments, & IV 0 J dgmments or decrees to which Developer is a party or to which Developer is U 9M otherwise subjectO 9. Developer has not paid or given, and wi* 11 not pay or give, any third party any money 0 10 0 4 or other consideration flor obtaining thl' s Agreement other than no al costs of conducting business and costs of professional servi' ces such as the serlvl* ces of architects, engineers and attorneys ,. h. Developer has been assisted by counsel of its own choosing in connection wl' th the preparatl* on and execution of this Agreement. SECTION 14 . COOPERATION CI* ty and Develo er each shall desl'pgnate and anpoint a representat e to act as a I b een P r iv ialson etw Cl* ty and its various departments and Developer, City or Developer ay change thei* r representati* ves at any time, but each Party agrees to have a current acti* ve representative 6 0 (D C C 9 a 5445) h 11 be appointed for such pu oses . The 'Initial representative for City ,,..ity Representative s a C1" tY Manager George Hofftnan (or his successor or designee if notice is provided to Develo er P and the initial representative for Developer '(eDeveloper Representati* ve") shall be Project Manager Todd Lutz (or hi" s successor or designee if notice is provl* ded to Developer) . The f representatives shall be available at all reasonable ti* mes to discuss and review the per ormance 0 of the parti* es to thl* s Agreement and the development of the Property pursuant to this Agreement', but the representatioves do not have the power or thority to alter or amend any term, condition or provision of thl* s Agreement. SECTION 15 . DEFAULT Fal" lure or unreasonable delay y any arty o er o or otherwise act in accordance wl" th an b P t P .0 f Y term or provisi* on of thl' s Agreement for a period of thl" rty (30) calendar days or such other qft"W1 ' ded the cure has commenced and reasonable amount of time necessary to cure the default, provi 0 a 0 a 0 is being prosecuted d1* 11* gent1y,, continuously and in good faith, and after wntten notice thereof from the other Party (the "Cure Period") , shall constitute a default under this Agreement . Said notices shall specify the nature of the alleged def It and the manner in whl* ch said default may be sati" sfactorily cured if possl* ble . In the event such default 1* s not cured withi' n the Cure Period, the non-defaulti' ng party shall have the remedi* es set forth belowS Said notice shall specify the nature of any alleged default and the manner in which said default may be satl* sfactorily cured, if en* t 0 possible. In the event such Default is not cured wl* thin the Cure P od, he non-defaulting party F, ] lows shall have ti e reme lies set flo t] as o Cie ty, s exclusive remedies or a Default y evelo er shall consist o d shall be limited to the followin 'D (A) For a breach by Developer of this Agree ent, City' s exclusive remedy & * t is 0 ions 6(a) 1 greement by wntten shall be to terminate Ci Y' s obli* gations ansing under Sect ' of th " s A 0 notice thereof to Developen (B) At any ti* e, City may seek special action or other si ilar relief (whether 0 0 0 4 a 0 characterized as andamus in unction or otherwise) requiring Developer to undertake and to fully and ft ely address a public safety conce or to en 0 oin any constructi 0 on or activity j undertaken by Developer that i' s noti" n accordance wl" th the terms of the Agreement . (C) Nothing in this Agreement shall be deemed to 11 it City" s administrative 4 a remedl* es or Ci* tyls remedies against Developer wl* th respect to a breach by Developer of I'Pts 9 0 0 obligations of indemnity, (2) Developer' s exclusive re edi* es for a Default by City shall consist of, and shall be 111--ml-Inited to the following . (A) Developer ' s exclusive remedy for a onetary Default by City Shall 6 0 consist of and shall be limited to recovery of damages for unpaid amounts due in accordance with the provisions of this Agreement. Such damages shall be deemed to consist of Developer' s actual damages as of the tl* me of entry of judgment eaning the right to recelove payments in accordance wl' th the terms of thl" s Agree ent) . Developer expressly waives any nght to seek consequentl* al , special punitive ultiple, exemplary or any other damages wl* th respect to a monetary Default. (B) Nothing in thi' s Agreement shall be deemed to limit the Developer' s ly P y foi it remedies as ma. be rov * ded by law or in equity, flor non�monetaiiffii. De its C * ye SECTION 16. ENFORCED DELAYS (EORCE MAJEURE) VP 0 * ty nor Developer, as the case ay be, shall be considered not to have perfio ed its Neither Ci 0 4P 0 obligations under this Ji!!11111�greement in the event of enforced delay (an ...nfiorced Delay ����due to causes beyond 'Its control and wi* thout 'its fault or negli" gence or fai* lure to co ply wl" th Appli" cable Laws, 1 0 ncludi 6 ng, but not restncted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, e bargoes, labor disputes,, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terronsm or act of terror (includi" ng but not limited to bio�terronsm or ecomterrons nuclear radi'pati* on, blockade, insurrecti'yon, not, lal or strike or interruDtion, exto ion sa. otage or si ilar occurrence or any exercise of the ower of emi* nent do ain of any ovemmental bo y on behalf of any U 11* c entit or a declarati* on of or orium or similar hiatus direct y affecti* ng the Pro erty ic en " 11 Enforced De a in (whether pennanent or te porary) by any ubl ' tit In no event W1 clude an ela resuitin m unavai* 1abl* I" t for an reason of afticular tenants or urchasers of 0 ions of the Pro ert labor shorta es, or the unavai* 1abi 0 it or an reason of articular contractors, subcontractors , vendors or 'investors desired b Develo er in connectioon wi 0 e Property. Developer a es that Developer alone w1* 11 bear all n* sks of delay which are not Enforced De a In the event of the occurrence of an such Enforced De ay, e ime or ti es 10 1P 0 10 0 foor perfo ance of the obligations of the Party clai ing delay shall be extended for a pen* od of 0 0 the Enforced Dela provi* ded however that the Part seeki* n the benefit of the rovisions of yl y 9 P this Section shall within thirt 30 calendar days after such Party knows or should know of any Y ( such Enforced Delay first notl* fy the other Party of the speci* fic delay in writing and clal* the 4 0 Is 0 nght to an extensi* on for the penod of the Enforced Delay and continue notl* fication every sixty (60) calendar days unti* 1 cured . SECTION 17. ATTORNEY FEES AND COSTS ., INDEMNITY In the event of counnencement of a legal action in an appropn e forum by a Party to enforce d ing any any covenant or any of such Party' s rights or remedi* es un er this Agreement, includ ' 0 & 0 0 1P action for declaratory or equitable relief, the prevailing Party in any such action shall be entitled t �1�111 � 111 11111110 4 1 f, i* n 111) rec I)vei,, y of its reasonable atto eys ees and court costs and expenses, cludi* ng, but not 'lots costs of e 1 p ion, lodging and meal costs of the Parti* es and limited to, xPert wotnesses trans ortato l'otnesses 'P ion and other reasonable and necessa direct and w costs of transcnpt preparat 'o ry incidental expenses associlpated with such dispute. SECTION 18 . SETTLEMENT OF ALL CLAIMS 0 & 10 0 10 The Parties agree that they (and their successors and assigns) Will not initiate or cause to be 1 0 nitleated against each other or any of thei* r cu ent, past, or future agents , servants, employees, 0 0 & .0 elected officl' als, appointed representatives, atto eys , fiduciaries, subsi" di 0 armtes , affiliates, d0 0 0 0 40 0 0 ivisions, successors, assigns, or any person or entity act1'6ng or claiming by, througli, under or in Is 1�15 concert in both their personal and corporate capacities (collectively "Representatives") any 0 1 0 1,pon, or proce * 0 .0 clai* m, lawsuit, action, appea , investi* gat edi" ng of any kind pertaining or in any way related to any past or present drainage/sto water/fugi* tive (or other) water associated with flow or drai* na e ftom or onto the Pro ert or loss dama e or in *u to ersons or property therefrom 9 P y 9 j ry P (collecti' vely the "W er Clai s") .. Further, the Parti* es, thei" r heirs, executors, administrators,, and assigns, hereby release and forever In t 0 1 discharge each other and their respec ive Representatives refe ed to above from any and all 0 4F In claims, demands, damages , causes of action, and any liability whatsoever, known or unknown', suspected or unsuspected, relati* ng to the Water Clai* ms ., The Parti* es warrant that they do not have (and hereby expressly release and disclaim) any Clal' I o r *1 in a ainst each other their Representatieves charge, or coniplaint, e * ther fo al nfo al , pend 9 9 referred to above, wi* th any court, tribunal , ad inistrative agency, governmental agency, insurance or I ondinQ aizent relatin o any as or resent drai 0 nage/sto water/ g tiove water 0 0 associated wl* th the Water Clai s . -ftft The Parti" es. a e that thl* s A eement a be leaded as a coill lete bar to an action or suit 0 0 9 before any court or ad inistrati' ve bo y-, with res ect to any claim under federal state or other law, rovided that the P art o ' ng this A ce ent as a bar to such action or suit is not in 0 0 0 0 de ault of its o i ions ansin un er thl" s A eement., SECTION 19. ISCELLANEOUS PROVISIONS A* Ci" ty Access to Propert Developer agrees to pennit access to the Property by the City., its offici V als, personnel and designees, at reasonable ti es, subject to IV reasonable safety requirements as Developer ay i' pose fro ti' e to tl'e e, to assure complipance with all Applicable Laws, the Planned Development and the tenns of thl* s Agreement. IWWW Bo Public Access . Develo er w1* 11 ant to Cl* ty, as ay be necessary, recorded P gr 10 emergency vehi* cIe access and use easements over and through any pnvate roadways as ay exist fro ti* me to tiome within the Property. C . Restrictl* on on Transfers. Dunng the first three (3 ) years after execution of thl" s Agreement, Developer may transfer lots l'onterest to another entloty to perflo the construction of the Project as long as Michael and/or E le Thesman are listed as Principal and Managing partners of said entity. However, dunng the same period, Developer ay not transfer I* ts Itnterest to another enti* ty i* f Ml* chael and/or E ie Thesman are not Princi" Man othout prior written consent of pal or ,--aging partners wi City, which consent may not be unreasonably withheld , During the first three (3 ) years of thl" s Agreement is in effect, Developer shall '6 provide WTitten notice "Transfer Noti* ce" to City with res ect to an sale or P Y assigrunent of any 1" nterest in Developer which results in MI* chael or E ie Thesman not becoming a Principal or Managing Member of the enti* ty. Such Transfer Noti" ce shall be tendered to City at least sixty (60) calendar days before such Transfer takes place . The transfer prohi* biotion shall not apply if MI* chael or Ernie Thes an provides 0 9 documentati* on satiosfactorNf to Ci* ty in its reasonable discreti' on of a permanent and substanti* al edl* cal illness or disease, dl* sabi' lity or death of el" ther MI* chael or E le Thes an. D ,e Development Ageement Approval Both Parti" es agree and understand this Agreement is subj6ect to approval by at least a ajonty of the Council . ,wool E .o Severabl" 11" tY. City and Developer each beli* eves th the executi* on, delivery and perflo ance of thl" s Agreement are in co pliance with all Applicable Laws * 0 In 0 & 0 0 However) in the unlikely event that any provision of this Agree ent is declared & a void or unenforceable or is construed as requi* n* ng City to do any act in violati" on p is of any APP icable Laws) such rovision shall be deemed severed fro th * 0 0 0 Agreement and this Agreement shall otherwise rmain in full force and effect4k provi" ded that, if the City Atto ey determines that such action is legally 0 40 0 Pe issible this Agree ent shall retroacti' vely be deemed refo ed to the extent reasonably possl* ble in such a manner so that the refo ed agreement (and any rel ed agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parti* es as if such severance and refio ation were not required ; provided, however, in no event shall such 0 10 6 refio ation require any general fund expenditure or incu ence of indebtedness by City. The Parti* es further agree, in such circumstances, to do all acts and to 12 execute all amendments, i" nstruments and consents necessary to acco pll* sh and to 10 give effect to the purposes of thl' s Agreement, as refo ed. s 0 FO Riahts and Remedies are Cumulati* ve. Sub ect to the provi 0 sions and 1i it ions of d .0 j Section 15 the nghts and reme ies of the Parties are cumulative, and the exerci" se by either Party of any one or ore of such rights shall not preclude the exercise & the same or di' fferent times, of an other right or remedy for any other by it, Y non�perfio ance by the other Party. G ,6 Notices and Filin s ,, Except as otherwise required by la,1111 �any notice required or 9 pennifted under this A eement shall be in wnting and shall be given by personal delivery, or by deposit in the United States ail, certified or reDstered, return 0 0 0 receipt requested, postage prepaid, addressed to the Parties thei 0 r respective 0 0 addresses set forth below, or at such other address as a Party may designate in wntiong pursuant to the tenns, of this Secti* on or by telecopy or telefacsi* ile machi* ne, or by any nati'ponally recognized express or ovemigJit delivety service (e. g. Federal Express or UPS ) , wl* th all postage and other delivery charges prepaid . If to clety.: CI* ty of Apache Junct i* on Attn : Cl* ty Manager, George Hoffinan 3� �O�D E & 'Superstition B11111111111 lvd* Apache Junction, Arizona 85119m2899 Telephone * (480) 474m- 5066 Facsimile : (480) 474� 51 10 0 And too. City of Apache Junction Attn : Ci" ty Afforney Joel Stem 300 E . Supersti' ti* on Blvd. Apache Juncti* on, Arizona 85119�2899 Telephone : (480) 474m2604 Facsi* mile . (480) 982 � 5883 If to Developer: Mi" chael Thes an 10 100 Santa Moni* ca Blvd , Sul" te 2400 Los Angeles CA 90067 Telephone -o 310 551 �0841 Facsimile : (310) 551 � 0413 And to : Sean Lake Pew & Lake, Pec . OP 1744 South Val Vista Drive 9 Suite 217 Mesa Arizona 85204 '0 Facsimile : (480) 461 �4676 13 0 't He, Effecti* ve Date and Notices , All such noti* ces, demands or other co nunications will (1) if delivered personally or deli" vered through a same day delivery/couner service be deemed effective upon delivery or refusal to accept deli* veiryy by the addressees ii if deli* vered by U . S . Mail in the manner described above be deemed effective upon the earlier of receipt or three (3 ) business days after deposit in a ted States ni' ted States d (iii if sent b 40 Uni post office or wl* th a U postal officer, an Y a recognized nati" onal overni 9 ght delivery service be deemed effective one ( 1 ) 9 ' th such serv " P Y t�y y be business day after deposit wl ice. Any ayment b the CI ma 10 or made in the same manner or anners provided in this Section fi the provisions of Noti" ces and shall be deemed ade the ti* e provided in this Section for notl* ces, demands and other contrnunicatt* ons ,. 1 .0 WaiOver. The Parti* es agree that neitheT the fai* lure nor the delay of any Party to exercise any ngaht, remedy, power or pnvilege under this Agreement shall oper e as a waiver of such right remedy, power or privilege nor shall any single or partial exercise of any right remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or pnvilege, nor .0 16 0 shall any waiver of any right, remedy,, power or pnvilege with respect to any 0 10 0 occurrence be const-rued as a waiver of such right remedy,, power or privilege 0 with respect to any other occurrence. No wai 0 ver shall be effective unless it is in .0 0 0 0 0 writing and is signed by the Party asserted to have granted such waiver. is Counte qWr s 6 This Aeree ent a be executed i* n two or ore countei--- arts', Y P IP 10 each of which shall be deemed an original , but all of which together constitute one and the same instrument. The signature pages from one or ore counterparts 0 ay be re oved fro such counterparts and such signature pages all tached to a 40 t sl* gn res o ies, may physicall single ins rument so that the atu f all Parte be Y attached to a slungle document,, 0 0 * 0 0 & Ke Headings . The descriptive headings of the Sections of this Agreement are 0 inserted for convenience only and shall not control or affect the meaning or construction of any of the provisi" ons hereof LO Exhibits . Any exhibit attached hereto shall I e ieemed to I ave I een 1 0 ncorporate 0 IP erein y I is re erence wit t e same orce an e ec as 1 y set orth in the bo Y ereof 41 0 0 .0 onstruc ion,. e terms an provisions o is greement represent e resu ts, o 1* 0 a nego 1 ions etween t e arties , eac of which has been or has had the OPPO ni y o e, represen e y counse o i s own c oosing,, an none of W ic 9 9 a has acted under any ress or com u sion, W er ega economic or otherwise. 0 9 0 0 onsequen y, t e terms an provisions o is Agree en s a e in re e an '0 construed i* n accordance with thei 0 r usua customary eanings . The Parties 0 05 0 IV 0 eac ere y waive e app ication o any rrmuu e o aw w 1C wou o ervvise e pica e in connec ion wi e in reta ion an construction o is A ee ent that ambi* ous or conflictin terms or rovisions contained in is Agreement (or any other provision of thl* s Agreement) shall be interpreted or construed against the Party who prepared or atto ey who prepared the executed Agreement or any earlier draft of the same . No IntegLation/Enti'Ore A eement. Except as expressly * ded is Rr provi herei* n, th * Agreement constitutes the entiore agreement between the Parties with respect to bj* ec ersedes any prior agreement understanding the su t matters hereof and sup negotiation or representation regarding the subgect m ters covered by thl" s Agreement . 0 ,0 Further Assurances. Each Party agrees to perfionn such other and further acts and to execute and deliver such addi* ti" onal agreements, documents, affidavits, 0 certl* fications, acknowledgements and 1 0 nstruiments as any other Party ay 0 reasonably require to consummate, evidence, confi or carry out the atters 9 0 contemplated by this Agreement or to confi the status of (a) this Agreement as 9 0 a in full force and effiect, and (b) the perflo ance of the obligations hereunder at 0 any ti e dufing this Te P Business Da If the last day of any ti e period stated in this Agreement or the hi* an 0 0 d e on W ch y obligation to be perfo ed under this Agreement shall fall on a 0 Saturday Sunday or legal holiday, then the duration of such time penod or the 0 d e of perfio ance, as applicable shall be extended so that 1" t shall end on the 0 0 '0 hi d Y I I I a 0 next succeeding day w ch is not a Saturday Sun a or epa hol " d Y Consents and Approvals . Wherever thi' s Agreement requires or pe its the consent or approval of a Party to any act docu ent use or other atter such app Vven or " d by 0 0 consent or roval shall be denle such Party in its reasonable discretion, unless this Agreement expressly provl* des otherwl' se. R-o Covenants Running With Land, Inurement . The covenants, conditions , te s and provisions of this Agreement shall run with the Property and shall be bi* nding upon, and shall i" nure to the benefit of the Parties and their respective pennitted successors and assigns with respect to such Property. Wherever the tenn "Party" 0 0 0 IV or the name of any particular P &fty is used in this Agreement such term shall include any such Party's pemrmitted successors and assigns ., So Recordation. WI* thl* n ten ( 10) calendar days after thi* s Agreement has been approved by Cl* ty and executed by the Parti' es, City shall cause thl* s Agree ent to be recordedi" n the Offici* al Records of Pi* nal Countyl Arizona. Te Amendment . No change or addition is to be made to thl* s Agreement except by written amendment executed by C1,0ty and Developere Wi* thi" n ten ( 10) calendar days after an amen ent to t s A eernent such amen ent shall be recorded 0 0 0 0 in the 0 icial cor o ina. ounty, nzona, pon amen ent o is A eement as established herein, re erences o " 'A e en 115 s a ean t e Agreement as amen e . 15 UO Good Fal" th of Parties . Except where any matter is expressly stated to be in the 9 4 0 0 0 sole di 0 scretion of a Pafty, in perfio ance of this Agreement or in considering any 0 0 requested extension of ti 0 me, the Parties agree that each Wi D 11 act i D n good faith. 0 & 0 VO Tiome of Essence. Ti e 1 0 s of the essence in i plementiong the terrns of thl'bs Agreement. we No Partnershi* Thl" rd Parti6es .. Nothi'png contai" ned in thl* s Agreement shall , create,, a 10 0 or be deemed to create, any partnership, joint venture or other si" mi* Iar arrangement between CI" ty and Developer. No tenn or provision of thi* s Agreement 'i' s intended to or shall be for the benefit of any person fi organization or corpor ion not a party hereto , and no such other person, fi organization or co oration shall have any right to c, se of acti" on hereunder; except th the indenmity provisions of this A eement shall extend to all agents atto e , s Councl" I embers and gr Y employees of City acting in the course and scope of thei* r employment or engagement,, xe Goveming Law Choice of Forum. Thi' s Agreement shall be deemed to be made I...- I0 under, shall be construed in accordance with, and shall be governed by the internal , substantive laws of the St e of Arizona (without reference to conflict of 0 Is 0 law pnnciples) . Any action brought to 1 0 nterpret, enforce or construe any provision 0 0 0 0 9 of this Agreement shall be com enced and maintained in the Supenor Court of 0 40 the State of Arizona 1 0 n and for the County of Pl* nal (or as may be appropriate, in 0 40 49 # 0 the Justice Courts of Pinal County, Afizona, or in the United States District Court D tri t a f 111111) t IIIII I C lacks or eclines. for the 1 s c of Anz���1111)n i I u n if the Sul )eni��111111111111)r uft d jurisdiction over such actl' on) . The Parties i" evocably consent to j*unsdicti* on and IP venue in such courts for such purposes and agree not to seek transfer or removal 0 of any action co menced i* n accordance wl" th the tenns of this Secti* on. ye Survival of Indemnifications . All indemni ficat i* ons contained in this Agreement d live of this Agreement the closing of an shall survive the executi* on an de ry Y 1* 0 0 6 9 a 6 ansaction contempl ed herein, and the rescission, cancellation, expiration or 9 11 6 termination of thi 0 s Agreement upon the te s aand for the period set forth i'p n each respective Secti" on. Ze Status Statements ., Any Party (the " Requesting Party" ) ay, at any time, and & 0 0 ip 0 fto ti e to ti e, deliver written noti 0 ce to any oil er I arty requesting sucl oil er '0 " 0 V 0 Y e if rovi ing Y it 0 Provi e in wn ing th o e owle o t e Providi" ng Pafty a is A emen illi in I r an�� e ec an a in ing o ig ion of the Parti* es, thl* s A eement has not been amended or modifie 0 0 0 0 an 1 6 so amen e 1 en i ng e amen ents, (c) e Reques ing y is no in " ts obli' I eement or i* f in defau default i* n the er o ance of 1 ions under th * s A .6 # to escn e erein e n re an amount o any suc e au ts, any o er atter reasonably re ueste a " Status Statement" Q A Party receiving a re uest ereun er s a execute an re suc Status Statement wl* thl' n fifteen ( 15 ) 0 0 usines the recel'o f C * ty Manager or any Assistant City b s days following pt thereo 1 a Manager shall have 'the nght to execute any Status Statement requested by Developer hereunder. CI* ty acknowledges th a Status Statement hereunder may be rell" ed upon by transferees and mortgagees4o provl* ded, however Ci* ty shall have c7m""W, 5 Jr no liability for onetary damages to Developer, any transferee or ortgagee, or any other person in connecti' on with resulti' ng fro or based upon the good faith 9 9 provision of any Status Statement by Ci* ty. AA9 Nonli* abili" ty of City Officl' als, Etc . , and of Emplovees, Membersm.,and Partners, f I Etc. o Developer. No City Counci* 1 ember, offici* al, representati* ve, agent, atto ey or employee of CI* ty shall be personally 11* able to Developer, or to any successor in interest to Developer in the event of any Non�Perflo ance or breach by City or for any amount which may beco e due to any of the other Parties or i ion t their successors , or wi* th respect to any obl * gat * of C Y under the tenns of this Agreement,. Notwithstanding anythi 9 ng contai* ned in thl' s Agreement to the contrary, except i* n the case of an intentional mi 0 srepresentation, the liabili* ty of 4P & Developer under this Agreement shall be 11 ited solely to the assets of Developer 0 ( 0 ) the i -9 is and shall not extend to or be enforceable against . 1 ndividual assets of any of the indl* vl* duals or entities who are shareholders', members, anagers,, '0 constituent partners, officers or di" rectors of the general partners or members of Developer; (n) the shareholders members or managers or constituent artners of 9 P Developer"O or (ill) officers of Developer. BB * Proposition 207 Wai" ver. Developer agrees , understands and acknowledges that City is entering into thl* s Agreement in good faith and at the specl* fic request of Developer, and further wi 0 th the understandi* ng that, if City acts consistently Wilth the terms and conditions herein it w1* 11 not be sub ect to a clai'pm for diminished value of the Property fro Developer. Developer on behalf of it and its successors and assigns,, intends to encumber the Property with the following agreements and waivers . Developer agrees and consents to all the condl* ti* ons NNW, imposed by thi' s Agreement the Zoning, the General Plan, Appil" cable Laws, and & by i y i* n furtherance thereof, and by all permits and approvals issued or granted C ' t 0 9 0 signing this Aueement wai* ves any and all clai s suits , damages, compensati 0 on and causes of actl' on Developer may have now or in the future under the IV * provisions of A . R . S . 12 --al 134 through and includi' ng 12 � 1 136 (but specl* ficall Y excluding any provi 0 sions included therel* n rel ing to emi' nent do ai' n) and resulti* ng om the develop ent of the Property consi* stent with this Agreement, the Zoning'. the General Plan, Applicable Laws, and all pennl* ts and approvals i a ssued or granted by City in furtherance thereof or from any "land use law" (as V 0 0 such tenn is defined 1* n the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. Developer ac ow e ges an a ees to e tenns an con 1 ions s ,.,,., 0 in is Agreemen 9 the Zoning, e General Plan, P icable Laws, and all ennits and a roval s issued or granted by Ci 0 ty in furtherance thereo cause the fai* r a et value of the y i* n the absence of Pro erty to e ual or exceed the air m et value of the Pro ert this A eement e Zonin the General Plan A icable Laws and all ermits and approvals issued or granted by City in furtherance thereof, and such "land use I aw S Is 0 CC . Conflict of Interest Statutelk Com'pli 9 mice with Financin _Requirements . This 0 4 0 Agree ent is subject to , and may be terminated by Ci 0 ty in accordance wi" th, the 0 provisions of A . R. S . § 38- 511 . This Agreement 'is subject to all applicable federal , state and local laws relating to the City' s budget, annual appropn* at i* ons , etc . Further,, any obli 9 gations of the Ci" ty under thi* s Agreement are subordinate to any existi" ng or future indebtedness or pledge of taxes made by Cl* ty in connection with any bond indenture, municipal property co oration transactl'oon, lease or other type of financi* ng. DD . RI* sk of Loss . Developer assumes the n* sk of any and all loss, damage or claims to any porti' on of the Publi' c Roadway Improvements unless and until title to the Public Roadway Improvements is transferred to City. WI* th respect to any claims ansing after acceptance of the Public Roadway Improvements, and sub ect to the warranties descn* bed below, City shall bear all risk of and against any claim -0 40 0 ansi a ng from any injury (personal or economic or other) or property damage to any person, enti D ty or utility, ansing ftom the operati" on, effects , condi* tion, loss, damage to or failure of any of the Publi 6 c Roadway Improvement . Assu ing Developer' s channel carries least 761 cES, Developer shall not assume any nsk or liability associ 0 ated with the design of the roadway or injuiy that results from any backwater condition or overflow onto Southem Avenue beyond the h c s or the exiting water condition at Developer ' s c annel design capacity of 761 fo, t 'ptle to the Public the intersection of Southern and Meridian. At the ti* me i Roadway Improvements is transferred to Cl* ty by dedicatl* on deed, plat recordation, or otherwise, Developer will , to the extent allowed by law, assign to esign, d/or City all unexpired warranti* es relatl* ng to the d construction an composition of such Public Roadway Improvements . Further, acceptance of the 0 Publi* c Roadway Improvements shall be conditioned on City' s recei" pt of a two (2) 0 -6 so year warranty of workmanship,, materials and equipment, in fio and conte- nt reasonably acceptable to City; provided!, however, that such warranty or r t warranties ay be provided by Developers ci�ontrai����.tor r directly to 0 City and are not required from Developer, and that any such warranties shall 0 extend from the date of completion of any Public Roadway Improvement, any component thereof, or the work of any specific trade or contractor as applicable . EE . Insurance . During the period of any constructi* on involving the Public Infrastructure Improvements and with respect to any construction actioviti* es relating to the Public Roadway Improvements, Developer will obtain and provide Cl* ty with proof of payment of premiums and certl' ficates of i* nsurance showing 0 49 a 0 that Developer is carrying, or causing its contractor(s) to carry builder's risk insurance, comprehensive general liabi" 11* ty and worker's compensation i* nsurance policies in amou Is an i covera es sel Fio t] on Exi il 11 D # Siich i o1i V cles of insurance shall be 1 laced with financia y sound and re uta le insurers re uire the insurer to give least thi' rty (30) calendar days ' advance wn" tten noti* ce of 18 0 cancellat1'6on to City, and w1* 11 name City as an addi* ti* onal insured on all such policies . FF -a Assistance in Thi" rd Partv Av-provals . Upon written request, City shall reasonably 0 OR 0 0 (and at no cost to City) assist Developer in the coordination of thi 0 rd party approvals for all drainage issues affecti" ng Federal State and County agenci* es , but R CI* tY shall not be responsible for complying with other agenci* es ' orders nonco pli* ance declarations or required redesi* gns , GG . Pn* vl* lege Taxes for Space Rentals ., Developer shall collect rental privilege tax for each rented space and shall sub it such taxes to the City pursuant to the City Tax Code Section 8A�445 . HH . Privi' lege Taxes for Site Prev,aration Set Ups, and Bul* ldl* n Sales . Develo er 9 MEN P shall mai* ntain a sales office in the Cl* ty and shall treat all Developer sales as point 0 of sale in the Cl* ty and consequently shall pay all applicable privilege taxes 0 0 0 a 0 0 16 associated with the si 0 te preparation, moving to the sitel Se..t up,, and building sale 0 9 to City pursuant to City Tax Code Section 8A�427 6 lie Business and Privilege Tax License. Developer represents and warrants that any I # icense necessary to perfio the work under this Agreement 'is current and valid o W1" 11 be obtai" ned or be brought I ly r current . Developer understands that the act * v * t described herein constitutes doing business in the City of Apache Junction 515 and 9 1* ID 46 11 Developer agrees to obtain a privilege license pursuant to City Tax Code Section 19 8A�300 and keep such license current during the tenn of thi* s Agreement.. Developer agrees to require any subcontractor hired to perfio any task or work 0 0 0 OW Withien the corporate limits of the City to acquire a pnvi* lege license pursuant to City Tax Code Secti' on 8A� 300, liabi" 11* ty insurance and worker' s co pensation 4D insurance ,. Ji New Home and Features . The first sale and 1* ni" tial placement of all ho es shall be new not previously lived 1 0 n units and not resale unl" ts . Developer will offer homes wl* th attached garages as an option . Home exteriors may be vinyl sided with asphalt or architectural shingled roofs . 19 CITY * CITY OF APACHE JUNCTION an Arizona ATTEST : municipal corporati* on Bye Kathy Connelly Cety Clerk Bye J0 alaco APPROVED TO AS FORM : M r Bye R. Joel Stem, Esq. STATE OF ARIZONA SS County of The fore oing ins rument was acknow e ge e o me is d Cqo W vj 9 t I d d b f th of the City of bra. 2009 b Of y f f he C 1* ty Apache Juncti'oon, Arizona,, an Arizona municipal corpor i on behalf Notar ublic P M Commission Expires *. Sy #6 %ft'."� NOTARY PUBLIC STATE OF ARIZONA marlecopa county JANET R MASON My Commission Expires 08/31 /12 20 0 DEVELOPER . ATT S FORT T VEL NC . an re n co or ion By* 40F Its .................................................................... UNE RA I 0 go rp at Secretary M ichael Thesman th B Ya Its .@ Pres ident Ernest Thesman STATE OF OREGON ) SS County of The foregoing ins was acknowledged before e thi* s EEWEEEEMW-� d ay of ) 20091 the --- Fortune Travel , Inc. . on b of such company,. Notary Public Popp, 7:9we 6eW000e&n1 My Col-nmission Expires , 21 LIFORNIA LLwP RPO E CKNOWLE MENT State of California County of b fore me On 11 7 - Dat/ Here Insert r4rame and Title of the Oqicer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nameke) is A� subscribed to the within instrument and acknowledged to me that helWeltbely executed the same in his/h�-/t �teiir authorized I capacity( i * , and that by his/*/tUgk signatur on the ELSA IBARRA instrument the person or the entity upon behalf of -- .1 - IMM which the perso acted , executed the instrument . wmwwww * 1842963 qk! N pok v, Ca"fon1w "V Los AW!" Coun I certi y under PENALTY OF PERJURY under the laws ty 29* 2013 of the State of California that the foregoing paragraph is true and correct . WITNESS m hand an officia al . Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document : Document Date : Number of Pages : Signer(s) Other Than Named Above : Capacity( iles) Claimed by Signer( s) Signer's Name : Signer's Name : F-1 Individual El Individual El Corporate Officer — Title (s) : El Corporate Officer Title (s) : Ll Partner — El Limited L-71 General Ll Partner — Ll Limited General RIGHTTHUMBPRINT RIGHTTHUMBPRINT El Attorney in Fact OF SIGNER Ll Attorney in Fact OF SIGNER El Trustee Top of thumb here El Trustee Top of thumh here El Guardian or Conservator El Guardian or Conservator El Other : El Other : Signer Is Representing. : Signer Is Representing : 4' 5 ON- �,c 'X� 2007 National Notary Association 9350 De Soto Ave. , P. O. Box 2402 Chatsworth, CA 91313-2402 www.National Notaryorg Item #5907 Reorder Call Tell-Free 1 -800-876-6827 EXHIBIT A LEGAL DESCRIPTION 6 The Northwest Quarter of Secti* on 3 1 1, Township 1 North Range 8 East G1* 1a Md Salt River Base and Meridian, Pinal County, Arizona; EXCEPT that portion of the South half of the Northwest Quarter whl* ch 11' es South of the following descnbed 11' ne , B INN poi' ine o al EG ING a nt on the West I fs * dSection3l whl* ch point bea-rs North 0 degrees * d Section 31 05 minutes 05 seconds East 850 . 00 fieetfto the West quarter co erofsai THENCE North 89 degrees 54 minutes 55 seconds East 55 . 00 feet; THENCE South 5 degrees 37 inutes 47 seconds East 251 . 08 feet ; THENCE North 89 degrees 57 minutes 52 seconds East 2557 . 97 feet to the Point of Endi* ng on the East line of said South half of the Northwest uarter of Section 31 and Q EXCEPTING THEREFROM all coal , ol' 1. gas and ot h1er mineral deposits as reserved 'in the Patent recorded 1* n Book 50 of Deeds, page 27 . 22 xh b fs +6 vw . 1 C) )ILI hn rave, 4 EXHIBIT B � l CONC PTUA ........................... .. ............... ...... --i 150' MEMPIAN MALI) f)ra i rtq e j M r.r Me.r:.--):a ri Rc,;J rro 010CA NOT4r �"'Onwticm rcinf. o k It_ F b 0 * , 5 IN N .............. .. ........... ........... ...... r . ............... 10 ..........1. < r 4*11 ................. solo ��AA­ too t4Vft----Vp- -C lk: 3 la Af LID ell LO- ........ .. 9 le' i6 POW#.$& qr 10 IF Ab /* 10 ul Re 1p" 4e. k> 4JI OF 4 . 4 00-�. 14. p p 71 b _�A45 AV - 0 IT _�w -PP."v pp % :91 -3 -AF 1p 61- Op L 4b AOW. ------L -91 L < bm"VA"W".uhm- 10 b....... 4%t wh it 44 L.......... . ....... x r rs t k' Lich As 1p c ----------%;I ut O-V rwi 0. 1 . — — -4 lb 0 > x la . r, '= -4 -4 pn 7* 0 LA 4k *1 0 ILA . .1 16, 1 0 Ow 10 fv f" m M -7 ar tn 0 0 % VL LO W* "614 3r Jos M —4 n vv. c F4 4a t r% cr m Z 4 m I F", 71 r- ILA Z rn rl e� 3 ple ma do -.2 to ft lk t LA z -73 v C)n q IA bb LO 1? 40 C. ti NJ , . .. : > rm" 8 5')B(J' 10 J: Oc 0 X f't ze Z CD flo K .A tA 60, 06 IE x i� c > z r9 L SITE PLAN EXHIBIT B �2 WALLS AND ENTRY I%AONUMENT ELEVATIONS M < 6 z 0 c: m I. ;v:Q ET 0 : > rn z CL > 41 - 0 c 41 op 44" rn I%c JT =r 3 io*j tio p bR, 2, '.9- 6*.0- PMP -1 M --i o %A tA tA rn Ole CP wh rop 0 1-6 z c 3 m z 'Odfw)- 4 EXHIBIT B�3 A 131W ............... MEKIDIAN ROAD Pro 1 mm&p U-.4 Is.r I'd ial Kc;,&d . .......... . fl'ra Water camnea" fb�n,� % Now "Mm"IF .......... > ... ......... i r f ......... ..... p 411 4 < 10 4m FO ... tl) IM > ............ ............. lw r. .......... p 4p, 4L >1 jo,: All c > . ......... j&: > ib %L 40 P AO 7C 710 4t 4t qL Id IL% .% 4. &6 y AV > 73 ........... % > ...... .. > or 1%% < 26 --w.. rrt Iwo % 0� 4L -41 W .................... 'IF 1p R, di .......... ......... .4 49 0 < > % L 0 rb L-th < 4b L .161 ............. 17*6 —MR. 0 V, m 4 -0 z 0 m m -,;3 Z x 16A 01 r-41 .00 19 O—pv rib 9 PH SE PLAN 25 a 1!q !q x a NHVd AH .CrjL juauodwo:) asn WAalu I - )IHVd AH 6001 'T L k%V s j-3 4 Sol C1105 5V 11-13 MOd-H:)011 H S1 );9 PLpie puel i sj�)uuvj d pu ej VS13d ladOjaA,00 / JaufA0 -MIN301M N%fWS3HJ. f 1B A L Vi?d VIN 4WA� IEAA ( 9 L:Fajv buips ( S jddV 6UIAed 10aJIS 4111?1 :)ads L - PaAV al!S 01UL11X0 SaJDL ... ... .... -7-7-— I . . ? eRiv buliat4leg ql!fV% J!'j ajl� lz� LPP !M 10ails IP U01suawl(] a:n),dS je:)idAjL its x It L a:) edS 1pioj buipj !nq 0:)WC) �M>d AH ADI VIVO N H Vd AS %%: v 11 IPMWM -�-ve! ell .ANSI& %% K'Jed A)i Al 35VHd m 416 1" 0 . . .I .. . . x% lo f 16 pr It, WF =mph S ptu pi EXHIBIT C PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS 1 .0 SOUTHERN AVENUE IMPROVEMENTS 0 0 16 0 All half street and such other rel ed improvements , includi 0 ng b u t not limited to all road, curb, * dewalk water p b ic utilities as by ity gutter, si streetliglit, `5 sewer and other u 1 detennined the C * 1h o which b d Engineer, flor Sout ern Avenue, all f or ers Developer' s Property, and twentymfive iiiiii`? Clli�� / 0 0 0 0 4 0 4if 0 f l�O percent low :) 1 0) f the traffiic signalization at the intersection shall be co pleted with the fiirst phase of development . 2 -o MERIDIAN DRIVE IMPROVEMENTS la e 0 & d 0 but t I t d t 11 d All half street and such other re t d 1 provements, inclu ing no imi e o a roa curb, '10 dewa. igh 0 1 gutter, is Ik streetle t water sewer and other public uti* lities as determined by the C ' ty EnDneer, for Meridian Drive, all of which borders Developer' s Property shall be co pleted pnor to the Ci* ty issuing the 325h set pen-nit for a manufactured home within the Property. 3 * DRAINAGE IMPROVEMENTS IN t Jill D P ert th t d A 5t wilJ,,,,,,,'J' er a is esigned to carry a at - be located on eve oper s rop y inimum o f 7 61 cubic feet per second flow fro the north side of Southern Avenue onto Developer ' s Property, whi" ch shall meet the City Engineer Jill s specifications shall be completed with the first phase of development but in no event later than thirty ( 30) months after all 9ov(11-11M app wo ental rovals have been obtained and the Developer has elected to proceed wl" th the 0 Develo- ment. The 100ow-vear ow ra or e roperty t a s a le use is ng e esi an P Iwo `0 a construction of Dratonage I provements and oniiiiiiiiiiiiiiiiiisi" te 1* provements coming the North shall be 3 , 383 cubl* c feet er secoin W`cfs" 27 ................ ........ --------------- . . ......... .... .. ........... ............. .. .... .......... > 3> 3> G) z 0 rn --4 ;u J.-J t7$ 1-4 z C) tj t=$ tj rq M rrl rr) (A) z 0 r\) Po ro ro �Wmmp m REP r\) (A.) ro C:) tz bd *-4 z rq won AP-0 z m ro N! 3:P W -4 z m ro R) m co C) 0 rf ) C) C) C 1. &L. ;U .< 0 R) z g i 09**NMP 0--- 7n 19P W=16 m > z rri m CD Z ;K Js� rk) rn V) 4% rri cf) m -�< rQ W N z rn 0 ro fD ON bd (A R) W C+ 0 P m ro > x J� (Tj Ln N, on-aw Z .0 C+ X -e, t= Ile< Ul Frl P m z lr+ C) p )K X z rri LA < )K EA W to rn , Q ---I w 0 CD 3> X ;o 70 :> (4 3> 0 > :r MIND w = :r " ---i --A > Z 0 DE C: ryl " �-� Z m > C: 0 > M jD M M :pp, -0 a: C) Cl --U --P� "4 0 z x M C: G-) 0 -4 M G-1 > r- -T-1 C: :E: = M C rTl 1-� m �u lor F9 F ;o C') T r- J* t.-4 --4 ;a ., 0 r M 2: rn n C-) m 1 3> 0 x r 0 m :> -1) rrl r- F- m m < ;U 0 tZ rrl M 1:3 t:j M > ---.J r9 C) > 70 u --4 ---1 -) > ?o ED m X �rl n I=$ > X C) > 0 -4 m --I 0 --4 0 tzf m m I < C) z n m -4 rL) C: cy, 41� > C, z < �-A > Frl C3 X < '9 0 < M 0 ro rl M �un nn z , I> o z tj tj 70 C/) 0 0 0 1 w n m ED z M m z c z Z X M z (4 W x ;;a M �o -n > rr' > tj -4 :> :K 1> ,< z ;u m m z m x z n 1-4 > (4 W ;a (4 70 rrl tj :V> < --A -,j G-1 n m G) M X M M M m 0 rri 1-4 --4 z Z rr, X -4 ol rrl -H A rri m W db 28 .................................. .. ......... . ... .................... . DOC] CG0 ltjOd3H lVr4lzASU3,dVd ZVCCVVU� *ON qor sun Uo(jvjjodsupj_L jo juawlieda(] A4unoo ledoopL>Vj gooe jaqwaooCl ApnjS IUOWaAoidwl van lopploo pue Joiluoo SS830v PeOH Upip!)Ovq "'%M6 RIW Lfna rn SU PAC cl Ll 4-P tz U3 76" CD Ln cn lat M -*..f rl �w Z! 46 CJO LN Qj 9 VJ ra JA :z 7n 7n C/) co me AZ6 ;37 Lyl AIW m Cli � 4P 4w Ln )Cap cl RIW Una cAn 03 th") MM) AL lj*r 1) 1!0 U 1.00 , 29 EX IBIT D CITY OF APAC E JUNCTION INSURANCE REQU,I,R, EMENT.. . S A* Pro ert During the period of an construction involvin he Publ " ements 1R---- 1V6 g t ic improv bul er I Id s risk insurance on an allmrisk, replace ent cost basi" s for the Public improvements . IV e * d of any constructi" on involvi* ng the Publ * c I prove ents, B -s Li' ability. Dun* ng the P no insurance covering the Developer and (as an additi" onal insured) the City agai" nst li* abi 0 lity .0 0 0 # .9 imposed by law or assumed 1* n any written contract, and/or arising from personal injurryy,,, bodily in 6 u or ro efty damage wl* th a limit of liabilit of $ 1000 000 . 00 er occurrence wl* th a i ry P P y 9 P $ 1 , 000, 000 ,. 00 product s/coMP1 eted operatl* ons limit and a $ 2 000 000 . 00 general aggregate 1i ite 0 0 a 0 Such policy must be pn ary and written to provide blanket contractual liability, broad fo p ert amage 16 1 " ab * 11 y an pro rop y d premises 1 1 it d ducts aand completed operations ,, ce Contractor. Dun* ng the period of any construction involving the Public I provements, each of the general or other contractors with which the Developer contracts for any such 0 0 0 0 construction shall be required to carry liability insurance of the type and provi* di* ng the minimum limits set forth below . i) Worker' s Compensati* on insurance and Employer' s Liability with ll* ml* ts of $ 500 000 . 00 per accident, $ 500, 000 . 00 per disease and $ 500 000 . 00 P011* cy ii it disease,, '10 1* Commercial general liability insurance on a $ 1 000, 000 . 00 per occurrence basis p * d * 0 rovi ing coverage for , Products and Co pleted Operati* ons Blanket Contractual Liability 1 " t Personal Injury Li* ab * li y Broad Fo Property Damage x0coue Business auto obile 11* ability 1 6 ncludi' ng all owned nonmow ned and hired auto s with a limit of liability of not less than $ 1 , 000, 000 . 00 co bined single limit for personal injury, 0 including bodily injury or death, and property damage. D -o Architect. In connection wi8th any construction involving the Public Improvements, the Developer' s archl* tect shall be requl* red to provide archl* tect ' s or engineer I s professional liabi 0 lity 0 0 0 0 * th a limit of $ 1 ,000 000 . 00 per claim . This 0119c or other olicies , shall cover insurance wi P Y5 P clai* MS for a period of not less than three (3 ) years after the completion of construction involving do the Parcels and the Public hnprovements . E -e Engi 0 neer. In connection with any construction involving the Public I provements, the Developer" s soi* ls engineer or environmental contractor shall be required to provide engineer I s professional liability insurance with a limit of $ 1 , �0�0 �05 0 ��O ��O . ��DID per claim. This policy, or other policies, sl all cover c aims or a peno o no ess t an ee (3 ) years after the completion of the constructi* on involving the Propert and the Public Im rovements . Fe CP1 Adjustments . The minimum covera e 11* mi 6 ts set forth above shall be adjusted every five 5 vears roundi' ng each limi* t u to the mi* 11i* on dollar amount which is nearest the y percentage of chan e in e Consumer rice n ex e "CPI" ') etennined in accordance with thi s para h. In dete ini 9 n e ercenta e of chan e in e CP1 for the 'ustment of the 30 6 0 insurance limi V ts for any year, the CP1 for the month October in the precedi* ng year, as shown in the column for ji"`�11 items in the table entitled ji'11'111111111�11 Urban Consumers under the "United States City Averages 55 as published by the Bureau of Labor Statistics of the Uni* ted States DepaAment of Labor, shall be com ared wl* th the co esnondi* ng index number for the month of October one 0 P ( 1 ) year earlier. Go Pn" mga Covera Developer 5 s insurance coverage shall be primary insurance with respect to the City,, its officers, officials agents and employees . Any insurance or selfminsurance aintained by the City, its officers, offici* als agents , and employees shall be in excess of the coverage provided by Developer and shall not contriebute to 1" t,. He Indemniti" es . Coverage provided by the Developer shall not be 11* mited to the 11" abl* 11' ty 00 IF 0 0 assumed under the indemnification provisions of the Agreemento 0 is Waiver of Subrogation. The policies shall contain a waiver of subrogation against the 1 Y. * ts officers offici* als a ents and employees Pro ert C * t 1 9 P Y is Notice of Cancellati.on : Each 'insurance policy shall i* nclude provisions to the effect that 1* t shall not be sus ended voided cancelled reduced in covera e of 1* n li*mits except after thirt 30 P 9 Y 0) calendar days ' prior wntten notice has been given to the City. Such notice shall be sent directly to Ciety Manager 300 East Superstition Blvd . Apache Juncti" on AZ 85119 and shall be sent by certl* fied mai* l , return recei* pt requested . " th insurers u icensed of to be placed W1 d ly I ' Ko Acceptability- of Insurers@ Insurance is 0 0 approved unlicensed companies in the State of An'6zona and with an "A . M . Best" rating of not less than Am V11 . The Ci" ty in no way warrants that the abovemrequired inimum insurer rati* ng is suffici" ent to protect Developer from potenti* al insurer i" nsolvencyl, Lo Venfilcation of Coverage : Developer shall furnish the City with original certificates of 0 H - 0 0 0 Is insurance (ACCORD f101111 r equivalent approved by the City) as required hereine The by a erson b that insurer to certloficates for each i* nsurance policy are to be signed a P authorized Y bl* nd coverage on its behalf Any policy endorsements that restn* ct of ll* ml* t coverage shall be clearly noted on the certificate of i* nsurance., All certificates are to be received and approved by the Cl* ty before the Commencement of Constructi'Oon. Each i* nsurance policy must be in effect at or prior to the Com encement of Constructi'bon and ust remain in effect for the durati* on of the Agreement . Failure to aintai' n the insurance policies as required by this Agreement or to provide timely evidence of renewal will be considered a atenal breach of the Agreement . All certi' ficates required by this Agreement shall be sent dl* rectly to City of Apache Juncti* on, 11 Attn : Public Works Department City Engineer 300 East Superstieti'gon Blvd . Apache Juncti" on, fied co les 0 Anozona 85119 . The City reserves the ne t to require coin] lete,, certi P f all insurance olicies and endorsements re uired b I is Insurance Exhibit at an ti* me., 0 0 ' fication or van ion m the insurance requirements in Insurance Approv Any modi' 0 Exhl" bl* t us ave prior approva m e ity Manager' s 0 ce whose decision shall be final . 31 Such acti" on will not require fo al contract amend ent, but may be made by admi a nistrative acti 0 on. Nis Miscellaneous . References to Developer herel" n shall mean Developer and/or its general contractor(s) . References herei* n to the Agreement shall mean the Development Agreement of which thl* s Exhibit les a part,. Capi 0 tali* zed tenns not otherwise deflined herein shall have the meanings set forth in the Agreement, The City in no way warrants that the minimum limits V contal" ned herein are sufficieent to protect Developer from liabi* 11* ti" es th might anose and Developer may purchase such addl* tional i* nsurance as Developer dete ines necessary. 32 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. Piz File ID: 25-178 Sponsor: Ted Wolff Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Presentation of 45-Year Service Award to Keith Bedwell. City of Apache Junction,Arizona Page 1 Printed on 512812025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. Piz File ID: 25-196 Sponsor: Gina Scorza Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Presentation of certificates to the graduates of the 2025 Citizen Leadership Institute class. City of Apache Junction,Arizona Page 1 Printed on 512812025 City of Apache Junction, Arizona 300 E Superstition Boulevard 0 Agenda Item Cover Sheet Apache Junction,AZ Z 85119 Agenda Item No. 12. 'Piz File ID: 25-266 Sponsor: Chip Wilson Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 512812025 City of Apache Junction, Arizona 300 E Superstition Boulevard 0 Agenda Item Cover Sheet Apache Junction,AZ Agenda Item No. 13. 85119 Piz File ID: 25-267 Sponsor: Bryant Powell Agenda Date: 6/3/2025 Index: In Control: City Council Meeting City Manager's Report City of Apache Junction,Arizona Page 1 Printed on 512812025 City of Apache Junction, Arizona 300 E Superstition Boulevard 0 Agenda Item Cover Sheet Apache Junction,AZ Z 85119 Agenda Item No. 14. Piz File ID: 25-268 Sponsor: Eli Richardson Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Announcement of Current Events City of Apache Junction,Arizona Page 1 Printed on 512812025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. 'Piz File ID: 25-231 Sponsor: Evie McKinney Agenda Date: 6/3/2025 Index: In Control: City Council Meeting Consideration of application for a new Series 9 Liquor Store liquor license for Lucky Bob's Liquor located at 431 W. Apache Trail, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. City of Apache Junction,Arizona Page 1 Printed on 512812025 1p CHe Z5 0 City of Apache Junction ,zo Home of the Superstition Mountains June 3, 2025 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER FROM: EVIE MCKINNEY, CITY CLERK SUBJECT: APPLICATION FOR A SERIES 9 LIQUOR STORE LIQUOR LICENSE FOR LUCKY BOB'S LIQUOR An application for a Series 9 Liquor Store Liquor License has been submitted by Agent Sarah Mertalla Mulchandani for Lucky Bob's Liquor, located at 431 W. Apache Trail, Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on April 24, 2025, and the Apache Junction City Clerk's Office received the application from them the same day. The applicant was notified by a first class letter and e-mail of the public hearing and was encouraged to attend to address any questions council may have. A Notice of Public Hearing was posted at the establishment on May 6, 2025, to comply with state law requirements. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by June 23, 2025. 300 E. Superstition Boulevard - Apache Junction,AZ 85119 - Ph: (480)474-5092 www.apachejunctionaz.gov Redacted State of Arizona Department of Liquor Licenses and Control Created 04/24/2025 (& 09:55:55 AM Local Goveming Body Report LICENSE Number: 09110039 'Fvpc: 009 LIQUOR STORE Name: LUCKY BOB LIQUOR State: Pending Issue Date: Expiration Date: 08/31/2025 Original Issue Date: 05/19/1986 Location: 431 W APACHE TRAIL APACHE JUNCTION,AZ 85220 USA Mailing Address: Phone: (480)982-2581 Alt.Phone: (480)529-5433 Email: SAfNMERT@YAHOO.COM Currently,this license has pending applications. AGENT Name: SARAH MERTALLA MULCHANDANI Gender: Female Correspondence Address: 431 W APACHE TRAIL APACHE JUNCTION,AZ 85220 USA Phone: (480)529-5433 Alt.Phone: Email: SAINWRT@YAHOO.COM OWNER Name: LUCKY BOB'S LIQUORS LLC Contact Name: SARAH MERTALLA MULCHANDANI Type: LIMITED LIABILITY COMPANY AZ CC File Number: L13530277 State of Incorporation: AZ Incorporation Date: 03/19/2007 Correspondence Address: 431 W APACHE TRAIL APACHE JUNCTION,AZ 85220 USA Phone: (480)529-5433 Alt.Phone: Email: SAINMERT@YAHOO.COM Officers/Stockholders Name: Title: %Interest: SARAH MERTALLA MULCHANDANI Member 100.00 Page I of 2 LUCKY BOB'S LIQUORS LLC - Member Name: SARAH MERTALLA MULCHANDANI Gender: Female Correspondence Address: 431 W APACHE TRAIL APACHE JUNCTION,AZ 85220 USA Phone: (480)529-5433 Alt. Phone: Email: SAINMERT@YAHOO-COM APPLICATION INFORMATION Application Number: 346118 Application Type: Acquisition of Control I Ntv�\ cw%)e Created Date: 04/15/2025 Page 2 of 2 Amy Greening From: Adrian Alegria Sent: Tuesday, May 6, 2025 12:48 PM To: Amy Greening Cc: Dana Martin; Yvette McKinney;Tina Gerola; Richard Mooney; Rudy Esquivias Subject: RE: Lucky Bob Liquor - Liquor License Amy, The Building Safety and Inspections Division recommends approval of this application for Liquor License. Thank you. Adrian Allegria Building and Safety Manager/ Building Official Development Services / Building Safety and Inspections Division City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5494 aalegria(cD-apacheiunctionaz.gov Building Safety and Inspections Division office hours: Monday through Thursday from 7:00am -6:00pm, Closed on Fridays RM HOW DID WE DO? SHARE YOUR CUSTOMER SERVICE EXPERIENCE WITH US! a L N'try.N A. -1 2 J�4. qlt N. QP From:Amy Greening<agreening@apachejunctionaz.gov> Sent: Monday, May 5, 2025 1:52 PM To:Tina Gerola <tina.gerola@sfmd.az.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc: Dana Martin <dmartin@apachejunctionaz.gov>;Yvette McKinney<mckinney@apachejunctionaz.gov> Subject: Lucky Bob Liquor- Liquor License Good Afternoon, The City Clerk's office has received the attached Series 009 Liquor Store liquor license application. This is a new application to change agents. Please conduct your safety, security,ADA compliance and other inspections and submit your department recommendations to me by noon on Wednesday, May 14, 2025, in order for this item to be on the June 3, 2025, City Council meeting. Please note we are inquiring with the Arizona Department of Liquor about the note on page one stating"Currently, this license has pending appLications." Thankyou! Deputy City Clerk agreening@apache*unctionaz.gov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: L!- I W City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. 2 This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. Amy Greening From: Rudy Esquivias Sent: Tuesday, May 6, 2025 1:46 PM To: Amy Greening;Tina Gerola; Richard Mooney; Adrian Alegria Cc: Dana Martin;Yvette McKinney; Planning Subject: RE: Lucky Bob Liquor - Liquor License Attachments: Redacted Application.pdf Amy: Same type of business, same location, same zoning, new people. No objections from Development Services Planning. If new operators plan on doing any remodeling,they need to contact the Building Division first. Thanks! c&4 Equivias Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apachejunctionaz .gov (Development Services Department office hours: Monday through Thursday from 7 :00am to 6:00pm, closed Fridays and Holidays. ) GOO IrL ly 04L *A Scan the QR Code to provide customer service feedback! From:Amy Greening<agreening@apachejunctionaz.gov> Sent: Monday, May 5, 2025 1:52 PM To:Tina Gerola <tina.gerola@sfmd.az.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc: Dana Martin <dmartin@apachejunctionaz.gov>;Yvette McKinney<mckinney@apachejunctionaz.gov> Subject: Lucky Bob Liquor- Liquor License Good Afternoon, The City Clerk's office has received the attached Series 009 Liquor Store liquor license application. This is a new application to change agents. Please conduct your safety, security,ADA compliance and other inspections and submit your department recommendations to me by noon on Wednesday, May 14, 2025, in order for this item to be on the June 3, 2025, City Council meeting. Please note we are inquiring with the Arizona Department of Liquor about the note on page one stating"Currently, this license has pending applications." Thankyou! Deputy City Clerk agreening@apacheiunctionaz.gov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: �,L —, , L-Jt City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. Amy Greening From: Danny Salclana Sent: Thursday, May 8, 2025 10:10 AM To: Amy Greening Cc: Yvette McKinney Subject: Re: Lucky Bob Liquor - Liquor License Follow Up Flag: Follow up Flag Status: Flagged After reviewing the application and noting that the business already holds a license and this is merely a change in agents, the AJPD has no concerns at this time other than what's listed in your email "currently this license has pending applications". Daniel Saldafia Lieutenant Apache junction Police 480-474-2629 dsaldana@apachejunctionaz.gov Sent from my lPhone From: Amy Greening<agreening@apachejunctionaz.gov> Sent: Monday, May 5, 2025 1:53 PM To: Danny Salclana <dsa Ida na @apachejunctionaz.gov> Cc: Yvette McKinney<mckinney@apachejunctionaz.gov> Subject: Lucky Bob Liquor- Liquor License Good Afternoon, The City Clerk's office has received the attached Series 009 Liquor Store liquor license application. This is a new application to change agents. Please conduct your safety, security,ADA compliance and other inspections and submit your department recommendations to me by noon on Wednesday, May 14, 2025, in order for this item to be on the June 3, 2025, City Council meeting. Please note we are inquiring with the Arizona Department of Liquor about the note on page one stating"Currently, this license has pending appLications." Thankyou! Deputy City Clerk agreening@apache*unctionaz.gov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: C , " LT jak City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. Amy Greening From: Tina Gerola <Tina.Gerola@sfmd.az.gov> Sent: Tuesday, May 6, 2025 12:19 PM To: Amy Greening; Richard Mooney; Rudy Esquivias;Adrian Alegria Cc: Dana Martin;Yvette McKinney Subject: RE: [External] Lucky Bob Liquor - Liquor License Good afternoon. The SFMD recommends approval of this application for Liquor License. Thank you. Tina Gerola I Deputy Fire Marshal Superstition Fire & Medical District Office 1 (480) 982-4440 ext. 104 Mobile 1 (480) 416-9775 Website I sfmd.az.gov From:Amy Greening<agreening@apachejunctionaz.gov> Sent: Monday, May 5, 2025 1:52 PM To:Tina Gerola <Tina.Gerola@sfmd.az.gov>; Richard Mooney<Richard.Mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc: Dana Martin <dmartin@apachejunctionaz.gov>;Yvette McKinney<mckinney@apachejunctionaz.gov> Subject: Lucky Bob Liquor- Liquor License Good Afternoon, The City Clerk's office has received the attached Series 009 Liquor Store Liquor license application. This is a new application to change agents. PLease conduct your safety, security,ADA compliance and other inspections and submit your department recommendations to me by noon on Wednesday, May 14, 2025, in order for this item to be on the June 3, 2025, City Council meeting. Please note we are inquiring with the Arizona Department of Liquor about the note on page one stating"Currently, this license has pending applications." Thankyou! Deputy City Clerk agreening@apacheiunctionaz.gov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: At City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.