HomeMy WebLinkAbout2023 09.19 SVCFD 1 City of Apache Junction Arizona 00 E Council Chambers Blvd
� 300 E Superstition Blvd
Apache Junction,AZ
85119
Special Meeting Agenda apachejunctionaz.gov
Superstition Vistas Community Ph:(480)982-8002
Facilities District No. 1
Tuesday,September 19,2023 5:30 PM City Council Chambers
A. Call to Order
B. Roll Call
C. Agenda Items
1. 23-464 Approval of minutes of special meeting of June 6, 2023.
Sponsors: Leslie DeReche
Attachments: S ecial Meetin Minutes-060623
2. 23-465 Presentation, discussion, and public hearing on the feasibility report
for a proposed project to be financed by the issuance of the
Superstition Vistas Community Facilities District No. 1 Assessment
Area No. 2 Special Assessment Bonds.
Sponsors: Leslie DeReche
Attachments: FEAST REPORT SVCFD 1 AA 2 SAB Srs 23 vF
3. 23-466 Presentation, discussion and consideration of Resolution No.
2023-007 SVCFD No. 1, a resolution of the district board of
Superstition Vistas Community Facilities District No. 1, relating to
approval of the feasibility report for the acquisition and financing of
certain improvements benefiting the district; approving the prior giving
of notice of hearing relating to the feasibility report; declaring the
district board's intention to acquire the improvements described in the
feasibility report; forming an assessment district; determining that
special assessment bonds may be issued to finance the costs and
expenses of the improvements; declaring the improvements to be of
more than local or ordinary public benefit and that the costs of the
improvements will be assessed upon Assessment Area No. 2; and
ordering the public infrastructure projects performed.
Sponsors: Leslie DeReche
Attachments: Resolution No 2023-007 SVCFD##1
FEAST REPORT SVCFD 1 AA 2 SAB Srs 23 vF-signed
689698389 v 1 SVCFD No. 1 AA 2 Waiver and Development d
690105089 v 1 AFFIDAVIT OF PUBLICATION®Superstition Vi:
City of Apache Junction,Arizona Page 1 Printed on 9/13/2023
Superstition Vistas Community Special Meeting Agenda September 19,2023
Facilities District No.1
4. 23-467 Presentation, discussion and consideration of Resolution No.
2023-008 SVCFD No. 1, a resolution of the district board of
Superstition Vistas Community Facilities District No. 1 approving the
levying of an assessment and assessment diagram for Assessment
Area No. 2 within the district.
Sponsors: Leslie DeReche
Attachments: Resolution No.2023-008 SVCFQ#1
SV CFQ No.1 AA No,2-Assessment Diagram Plan Set--2023-
D. District Manager Report
E. District Director Report
F. District Treasurer Report
G. Adjournment
Copies of this agenda and additional information on any of the items listed above may be obtained from
the office of the city clerWdistrict clerk, 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday
through Thursday, 7:00a to 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. Members of this board will attend either in person or by telephone, video or
internet conferencing.
City of Apache Junction,Arizona Page 2 Printed on 911312023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No. 1.
File ID: 23-464
Sponsor: Leslie DeReche Agenda Date:9/19/2023
Index: In Control: Superstition Vistas Community Facili
Approval of minutes of special meeting of June 6, 2023.
City of Apache Junction,Arizona Page 1 Printed on 9/13/2023
City of Apache Junction, Arizona City Council Chambers 300 E Superstition City Blvd Blvd
Apache Junction,AZ 85119
Special Meeting Minutes apachejunctionaz.gov
Ph: (480)982-8002
Superstition Vistas Community Facilities
District No. 1
Tuesday,June 6, 2023 6:00 PM City Council Chambers
A. Call to Order
Chair Wilson called the meeting to order at 6:00 p.m.
B. Roll Call
Staff in attendance:
Bryant Powell, District Manager
Matt Busby,Assistant District Manager
Jennifer Pena, District Clerk
Joel Stern, District Attorney
Leslie DeReche, District Treasurer
Eli Richardson, District Management Analyst
Rob Wisler, District Management Analyst
C. Agenda Items
1. Approval of minutes of regular meeting held on May 16, 2023.
Chair Wilson called for a motion.Vice Chair Schroeder moved,seconded by Boardmember Nesser.
D. Public Hearing
2. Presentation, discussion, and consideration of Resolution No. 2023-003 SVCFD
No. 1, approving the proposed District budget for Fiscal Year 2023/24 and
ordering a hearing on and calling for public testimony on the District budget.
Chair Wilson called for a motion. Boardmember Cross moved,seconded by Boardmember Soller.
Chair Wilson called on District Treasurer, Leslie DeReche who introduced Zach Sakas, Esq. Of
Greenberg Trauig, LLP, outside counsel for the Superstition Vistas Community Facility Districts.
Mr. Sakas presented to the Board the tentative budget, indicating if approved the next step is to
conduct a public hearing on the tentative budget and assuming no changes or alterations to the
tentative budget that would become the final budget if item #4 is passed. In the event that there are
changes or other considerations to the tentative budget, item #4 could be tabled to a future meeting.
the tentative budget needs to be approved by July 15th and item #4 could need to be approved prior
to the City finalizing it's tax levy which would be middle of July.
3, Presentation, discussion, and public hearing of the proposed District budget for
FY 2023/24.
City of Apache Junction,Arizona Page 1
Superstition Vistas Community Special Meeting Minutes June 6,2023
Facilities District No. 1
Chair Wilson opened the public hearing at 6:04 p.m. No members of the public wished to speak. Chair
Wilson closed the public hearing at 6:05 p.m.
4. Presentation, discussion, and consideration of Resolution No. 2023-004 SVCFD
No.1, adopting the District budget for Fiscal Year 2023/24 and ordering a tax
levy.
Chair Wilson asked for a motion. Boardmember Soller moved, seconded by Boardmember Nesser.
5. Presentation, discussion, and public hearing of the final assessment for the
Superstition Vistas Community Facilities District No.1,Assessment District No.1.
Chair Wilson indicated that the District Engineer has reported to this Board that all work relating to
the project has been completed in accordance with the approved plans and specifications.
Chair Wilson opened the public hearing at 6:07 p.m. No members of the public wished to speak and
Chair Wilson closed the public hearing at 6:07 p.m.
6. Presentation, discussion, and consideration of Resolution No. 2023-005 SVCFD
No. 1, a resolution of the district board of Superstition Vistas Community
Facilities District No. 1 approving the final assessment for Assessment District
No. 1, determining that the work has been completed in accordance with the
approved plans and specifications, and ordering the collection of the assessment
in Assessment District No. 1.
Chair Wilson called for a motion. Boardmemeber Nesser moved,seconded by Boardmemeber Cross.
Zach Sakas presented to the Board that at the May 16th, 2023, board meeting a feasibility report
or the project was looked at for how the individual 400 lots would each be assessed, and the eventual
homeowners would repay assessments over time to repay the bonds. We also granted authority for the
district staff to go forth and establish the assessment against each of the lots. In the interim time from
May 16, 2023, to today, the assessment has been recorded against each of the 400 lots that will be
assessed and as we just conducted the final assessment hearing, any current landowner with an interest
in one of the lots could have stepped forward and contested any portion of formation of the assessment
district and establishment of the assessment.
DR Horton is the sole owner of all 400 lots as of today and they did not object to anything. Item#5 is
concluding that nobody showed up to the hearing, the assessments are established as final, and
approving that. Should you so decide to consider and approve that.
Item #6 then we transition to authorizing the district to sell special assessment bonds. Under the CFD
Statutes the two types of bonds that this particular community facilities district is able to sell that we've
agreed to with the developer is a general obligation bond which is repaid with property taxes or what
we're doing tonight a special assessment bond which again is an individual assessment against a
particular lot.And so, the homeowner can pay in portions over time, or the homeowner can choose to
prepay on set dates throughout any year. So maybe somebody pays for a couple years and decides to
pay off the balance that will be at the choice of the homeowner. The bonds are limited by the total
assessment amount, which is $5,000 per lot times the number of assessed lots, which is 400 lots. We
have a not to exceed amount of$2,000,000.00 in bonds that we are going to sell.Again, we are paying
for a street that will serve the assessed lots. One of the things we look at in this type of financing is
ensuring that the project that we are constructing and financing has a particular benefit that you can trace
to the lot that is assessed. That way you're
City of Apache Junction,Arizona Page 2
Superstition Vistas Community Special Meeting Minutes June 6,2023
Facilities District No. 1
not having somebody possibly paying for public infrastructure that they're never going to use. That's why
there is a specific benefit tied to a specific assessment amount on each individual lot.
Discussion was held amongst board members.
7. Presentation, discussion and consideration of Resolution No. 2023-006 SVCFD
No.1, a resolution of the district board of Superstition Vistas Community Facilities
District No.1, authorizing the issuance of the District's Assessment District No.1
Special Assessment Bonds, Series 2023; approving the form and authorizing the
execution and delivery of related documents; awarding the bonds to a purchaser;
appointing a registrar, transfer agent and paying agent for the bonds; authorizing
the taking of other actions securing the payment of and relating to the bonds;
and adopting written policies and procedures for tax-advantaged obligations and
procedures for compliance with continuing disclosure undertakings.
Chair Wilson asked for a motion. Boardmember Heck moved,seconded by Boardmember Nesser.
Zach Sakas presented to the board that most of the discussion on item #6 pertains to this item as
well. This resolution authorizes the bond issuance and provides the necessary authority to District
staff to complete the sale and close the transaction.
E. District Manager Report
F. District Director Report
G. District Treasurer Report
H. Adjournment
Chair Wilson adjourned the meeting at 6:23 p.m.
ACCEPTED THIS DAY OF
2023, BY THE CHAIR PERSON AND DISTRICT BOARD OF THE SUPERSTITION VISTAS
COMMUNITY FACILITIES DISTRICT NO. 1 , (CITY OF APACHE JUNCTION,ARIZONA).
SIGNED AND ATTESTED TO THIS DAY OF
, 2023.
WALTER"CHIP"WILSON
Chairperson
ATTEST:
JENNIFER PENA
District Clerk
City of Apache Junction,Arizona Page 3
Superstition Vistas Community Special Meeting Minutes June 6.2023
Facilities District No. 1
SUPERSTITION V|GlA8 COMMUNITY FACILITIES DISTRICT NO. 1 MINUTES C|ERT|F|C/U'|[)N
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special
meeting of Superstition Vistas Community Facilities District No. 1 of the City of Apache Junction,
Arizona, held On the 0th day Of June, 2023. | further certify that the meeting was duly called and
held and that a quorum was present.
Dated this day of . 2023.
JENN|FERPENA
District Clerk
City nr Apache Junction,Arizona Page
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.2.
File ID: 23-465
Sponsor: Leslie DeReche Agenda Date:9/19/2023
Index: In Control: Superstition Vistas Community Facili
Presentation, discussion, and public hearing on the feasibility report for a proposed project to
be financed by the issuance of the Superstition Vistas Community Facilities District No. 1
Assessment Area No. 2 Special Assessment Bonds.
City of Apache Junction,Arizona Page 1 Printed on 9/13/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.3.
File ID: 23-466
Sponsor: Leslie DeReche Agenda Date:9/19/2023
Index: In Control: Superstition Vistas Community Facili
Presentation, discussion and consideration of Resolution No. 2023-007 SVCFD No. 1, a
resolution of the district board of Superstition Vistas Community Facilities District No. 1,
relating to approval of the feasibility report for the acquisition and financing of certain
improvements benefiting the district; approving the prior giving of notice of hearing relating to
the feasibility report; declaring the district board's intention to acquire the improvements
described in the feasibility report; forming an assessment district; determining that special
assessment bonds may be issued to finance the costs and expenses of the improvements;
declaring the improvements to be of more than local or ordinary public benefit and that the
costs of the improvements will be assessed upon Assessment Area No. 2; and ordering the
public infrastructure projects performed.
City of Apache Junction,Arizona Page 1 Printed on 9/13/2023
RESOLUTION NO. 023-007 S CFD NO. 1
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT
NO. 1 APPROVING THE FEASIBILITY REPORT RELATING TO THE
ACQUISITION AND FINANCING OF CERTAIN IMPROVEMENTS
BENEFIT TING THE DISTRICT; APPROVING THE PRIOR GIVING
OF NOTICE OF HEARING RELATING TO THE FEASIBILITY
REPORT; DECLARING ITS INTENTION TO ACQUIRE CERTAIN
IMPROVEMENTS DESCRIBED IN THE FEASIBILITY REPORT;
FORMING AN ASSESSMENT AREA; DETERMINING THAT SPECIAL
L
ASSESSMENT BONDS Y RR ISSUED TO FINANCE THE COSTS
D FTTCRRNSRR THEREOF UNDER THE PROVISIONS OF TITTER 48,
CHAPTER 4 , ARTICLE 6 , ARIZONA REVISED STATUTES, AND
ALL AMENDMENTS THERETO; DECLARING THE IMPROVEMENTS TO
RR OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND
THAT THE COSTS OF' SAID IMPROVEMENTS WILL RR ASSESSED
UPON THE ASSESSMENTAREA; AND ORDERING THE PUBLIC
INFRASTRUCTURE PROJECTS PERFORMED.
WHEREAS, pursuant to Arizona Reprised Statutes ( 1' . R. . " )
48-71 , as amended, they Beard of Directors of the Superstition
Vistas Community Facilities District No. 1 has caused the Report
(as such term and all other initially capitalized terms are
defined. herein) to be prepared, relating to certain public
infrastructure and public infrastructure purposes provided for
in the General Plan of the District and to be financed with the
proceeds of the sale of special assessment bonds of the
District., which Report includes, among other things,
descript,ion of certain public infrastructure and public
infrastructures purposes to be acquired and all. other information
useful to understand the Project, an. estimate of they cost to
acquire, operate and maintain the Project, an estimated schedule
fox, completion f the Project, a. map or description of the area
to be benefited by the Project and. a. plan and expected, method
for financing the Project, including the nature and timing of
the issuances of bonds, if any, a, copy of which is on file with
the District Clem.; and
WHEREAS, pursuant to A.R.S. 48-715 , as amended, the
District Clerk has, not leas than ten (10) days in. advance of
the date of public hearing can the Report, (i) published a. notice
of public hearing on the; Report and (i i) provided the Report and
the notice of public hearing on the Report to the City Council
of the City of Apache Junction, Arizona. . A public hearing on
6885 8o2i
RAGE 1 OF 9
the Report was held on the date hereof, after the aforementioned
timely publication of notice thereof as provided by law; and
WHEREAS, the District, developer and all. property owners
and any other persons having an interest in the real property
within the proposed be of Assessment Area No. 2 have
heretofore executed and delivered. to the Distr.ict the Waiver
wherein the parties thereto have - (i) waived any and all
requirements for notice and. time for protests and objections
relatinq to, amonq other things, the Project and the extent of
the Assessment Area No. 2 ; (ii) acknowledged that the District
shall levy the Assessments pursuant to the Act; and (iii) waived
certain procedural requirements;
NOW, 'THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT O. 1 AS
FOLLOWS :
SECTION 1 DEFINITIONS
-.111111111-1-----------------, ......
In this resolution, the following terms shall have the following
meanings :
"Act" shall an Title 48 , Chapter 4 , Article 6 , Arizona
Revised Statutes, as amended.
"Assessment Area Map" shall mean the map showing the
Assessment Area No. 2 and attached hereto as Exhibit, B.
"Assessment Area No. 21, shall. mean the real property
contained within the boundaries described in Exhibit A attached
hereto. For a more general description, reference is hereby
made to the Assessment Area Map attached to this resolution as
Exhibit B, which map is on file with. the Superintendent of
....................
Streets and the District Clerk.
"Board" shall an this Board of Directors of the District .
"Bond Counsel" shall mean Greenberg Tra uric , LLP, and any
successor thereto.
"Bonds" shall mean the District' s Assessment Area No. 2
Special Assessment, Bonds, Series 2023 , or such other series
designation as may be approved by the Board.
RESOLUTION NO. 2023-007 SVCFD NO. 1
PAGE 2 OF 2
"Debt Service Reserve" shall mean the debt service reserve
fend funded with the proceeds from the sale of the Bonds,
authorized pursuant to the Ott .
"Development Agreem t" shall mean the Distract
Development, Financing Participation., Waiver and
Intergovernmental Agreement No. 1 dated as of February 22 , 2022 ,
by and among the City of Apache Junction, Arizona, the District
and D.R. Horton, In.c . ; recorded February 23 , 2022 at fee number
2022--021689 in the office of the Pinal County Recorder.
"District" shall mean the Superstition Vistas Community
Facilities District No. 1 .
"DistrictClerk" shall mean the Clerk of the District .
"DistrictEngineer" shall mean, initially, Entellus, Inc. ,
and, thereafter, such, engineer or farm of engineers as appointed
by the District Manager.
".District Manager" shall mean. the City Manager of the City
of Apache Junction, Arizona.
"Estimate" shall mean the estimate of costs and expenses of
the Project described .in the Report and this resolution, showing
the estimated casts and expenses of acquisition of the Project
to be not less than $9 1, 907 . 24 , together with Incidental
Expenses ( 291 , 062 . 76) and a Debt. Service Reserve ( 120,, 000 . 0 )
for a total, cost not to exceed $1, 9I, 000 . 00, all as described
on Exhibit C.
"Final Plans" shall_ include all final plans, specifications
and contract documents relating to the design, of the Project, as
have been approved by the City of Apache Junction, Arizona, an.d
on file with the Distract Clerk.
"Incidental Expenses" shall mean compensation paid to the
Superintendent of Streets, District. Engineer, costs of printing,
advertising, posting, the expenses of making, administrating and
collecting the assessments, appraiser' s fees, any underwriter' s
discount on. the Bonds, any financial. advisor or placement
agent' s fees, any paying agent' s fees, all lec a.l and financial®
fees" all expenses and costs incurred in. establishing the
Assessment Area No. 2 and :i.nc'ur_red in connection with the
RESOLUTION NO. 202 W 07 SVCFD NO. 1
RACER 3 OF 9
drafting of the proceedings and in connection with the sale of
the Bonds, and all capitalized interest, if any, on the Bonds .
"Project" shall mean, collectively, the acquisition of
public in.frastructuxe and public infrastructure purposes (as
such terms are defirned in the Act) described in the Report
including, particularly, the acquisition by the District of the
public infrastructure described on Exhibit- D hereto,
"Report" shall mean the Feasibility Report dated.
September 19, 2023 , and on file with the District Clerk, prior
to the date and time hereof, discussing the matters required. by
A.R. S . § 45-715, as amended, as such matters relate to the
Project .
"Streets" shall mean the streets listed on. Exhibit D and
such other streets and public rights-of-way as are shown on the
Final Plans .
"Superintendent ofStreets" shall mean, initially,
ntell us, Inc . , and, thereafter, such person or firm appointed.
as Superintendent of Streets by the District Manager.
"Waiver" shall mean the Superstition Vistas Community
Facilities District No. I Wainer and Development ent Agreement
Pertaining to the To Be Formed Assessment Area. No. 2 , by and
among the District, D.R. Horton., Inc . and all property owners
and any other persons having an interest in. the rewa.l property
within the proposed boundaries of Assessment Area No. 2, dated
as of August. 22 , 2023 and. recorded August 22 , 2023 , at fee
number 2023-0 2090 in the office of the Pinal C ouraty Recorder.
SECTION 2 APPROVAL OF THE FEASIBILITY PORT
Publication of the notice of the public hearing on the Report
and providing the Report and notice of the public heari.nq on the
Report to the City Coui-icil of the City of Apache Junction,
Arizona, axe hereby ratified and approved. Based on the review
by this Board and the presentation of the Report and testimony
presented, at the public hearing on, the date hereof, the Report
is hereby adopted and, approved in the form submitted to this
Board.
RESOLUTION NO. 20 3-007 B CFD NO. I
RAGE 4 Cat~' 9
SECTION 3 RESOLUTION OF INTENT.
This Beard hereby identifies they public infrastructure of the
Project, the areas benefited (all located within the District) ,
the expected method of financing, including the nature and
timing the issuance of the Bawds, and the system of providing
revenues to operate and maintain the Project, all as identified
and provided for In the Report, for any and all purposes of the
Act . This Board hereby declares its intent to proceed with the
financing of the acquisition of the Project in substantially the
canner presented in the Report and pursuant to the terra of the
Development Agreement .
SECTION ORDERING THE PERFORMANCE F THE PROJECT
The public interest and convenience require and it is the
intention of this Board to carder the Project to be acquired and
performed as stated herein and contemplated by the Report and i
conformance with the Final Plans . In accordance with A.R. S .
8-579, this Beard hereby finds there are no protests against
the Project and there are no objections to the extent of
Assessment Area No. 2 . By virtue of the authority vested in the
Act, and all amendments ents thereto, this Board hereby carders the
acquisition and performance of the Project at a cast not to
emceed the Estimate. When applicable, the District Engineer is
authorized to modify the Final Plana to show the as-built
condition of the Project . The acquisition of any portion of the
Project may be performed capon the sale and delivery of the Bonds
in an. amountsufficient to pay the coasts of acquisition.
C....T.. I N 5DETERMINATION OF ..... FORMATION ASSESSMENT.,- _ ....-.- . S
AREA NO. 2
Tie Assessment Area. No. 2 is hereby formed, consisting of the
property described on Exhibit l'A attached hereto. In the opinion
f this Board, the Project as of more than local or ordinary
public benefit, the Project principally benefits the land within
the Assessment Area. No. 2 , and this Board hereby orders that
amounts s due or to became die with respect to financing the costs
and expenses of the Project, together with. the Debt Service
Reserve and. all Incidental Expenses (the "Assessmerat" ) , shall be
chargeable upon the respective bats, feces and parcels of land
within the Assessment Area No. 2 , The amount of the total
Assessment shall not be greater than the product of $5 , 000 . 00
PAGE 5 OF
times the number of developable residential otw located within
the Assessment area No. 2 .
SECTION 6 EXCLUSION OF CERTAIN PROPERTY
y public or private street or alley within the boundaries of
the Assessment area No. 2 is hereby emitted from the Assessment
Area No. 2 . Any lot, the legal owner of which can this date i
the United States of America, the State of Arizona, a county, a
city, a. school district or any political. subdivision or
institution. of the State of Arizona or a count , which is
included within the Assessment Area No. 2 shall be omitted from
the assessments hereafter made except as otherwise agreed
between the District and such owner. Any acquisition of a
assessed parcel by the United. States of America, the State: of
Arizona or ether political subdivision of the State of Arizona
or charter school after the date hereof shall not extinguish the
Assessment with respect thereto, which shall c o. time in full
farce and effect until payment in fall .
SECTION 7 TERMINATION D NOTICE O NECESSITY TO ISSUE
BOND
A. This Board finds that the public convenience requires
that the Bonds shall, be issued to finance the costs and expenses
f the Project., the Deft Service Reserve and Incidental
Expenses . This Board hereby determines that the Bonds shall be
issued in the name of the District payable, however, solely an
only out of a special fund collectible from the Assessments
levied and assessed upon. the lots, pieces and parcels of land
within the assessment area No. 2 in not to exceed twenty-five
(2 5) annual principal installments from the Assessments of
twenty-five dollars ($25 . 00) or over.
B. The Bonds shall be issued in fully registered farm as
to principal and interest in the principal. amounts of $5, 000 or
any integral multiples of $1, 00 in excess thereof (or such
rather denominations as appro%red by this Board and set forth, in
the resolution authorizing the Bonds) . The Bonds shall., mature
on the first day of July in the years and in. amounts to to set,:
by this Board prior to their issuance; provided, however, the
Bonds shall mature not, later than July 1 , 2048 .
C. The Bonds shall bear interest at rate or rates of not
to exceed ten percent (10 . 0%) per aroma , payable on the first
RESOLUTION NO. 2025-007 SVCFD NO. 1
PAGE 6 OF
day of January and July of each. year, commencing on such date as
set forth in the resolution authorizing the Bonds . The yield
(as determined, pursuant to the regulations of the Internal
Revenue Code of 1986 , as amended) on all of the Bonds shall not
exceed ten percent (10 . 0%) . If the Bonds are directly sold to a
bank or financial institution, any default interest rate or
taxable interest rate shall not exceed ten percent (10 . 0%) .
This Board reserves the right to call the Bonds for prior
redemption, in whole or in part, on such terms as may hereafter
be established by this Board.
D. Principal installments of each Assessment shall be due
on the first day of Ju.ne immediately preceding the maturity date
of any Bonds and installments of interest of each Assessment
shall, be due on the first day of June and December.
SECTION 8 ESTABLISHMENT OF GRADE
The grades and elevations for the Streets are hereby officially
changed. to correspond with the grades and elevations shown on
the Final Plans .
SECTION 9 STATUTORY AUTHORITY
The Project and. all. proceedings pertaining thereto shall be
acquired and performed. under the provisioTas of the Act .
SEC TION 10 DELEGATION OF AUTHORITY
-11-11-...............
The District Engineer and the Superintendent of Streets are
hereby authorized to complete the Final Plans, specifications
and any contract documents .
SECTION 11 RIGHT TO REDUCE SCOPE OF WORK
If , because of pending or threatened litigation concerning any
one or more parcels subject to the Assessment, (i) the District
receives a written opinion of Bond Counsel stating that the
Bonds cannot be issued against S'Llch parcel. or parcels or
(ii) the District is unable to obtain any right-of-way necessary
for the acquisition of the Project, the District may then cause
the acquisition. or construction contract to be modified to
exclude from the applicable contract some or all of the Project
which will beriefit the parcel or parcels in. question, or which
was located in the right-of-way which was not obtained. The
RESOLUTION NO. 2023-007 SVCFD NO. 1
PAGE 7 OF 9
filing of d certificate and request that no Bonds be issued
against any parcel pursuant to A.Q. S . § 9-94:9 and § 48-597, as
amended, may be deemed to be threatened d litigation.
SECTION 12 RATIFICATION OF PRIOR ACT
All acts of the Chairman of this Beard, District Clerk, District
Engineer, District a a er, the Superintendent of Streets, and
any parson acting for such official In furtherance eranc of this
Resolution are hereby ratified and confirmed, including the
engagement by the District of Schnepf Ellsworth Appraisal group,
LLC., the engagement by the District of Entellus, Inc . , and the
execution and delivery of the Waiver.
SEC
N 13
ABILITY; AMENDMENT; RATIFICATION
I f....... any
y�_...._.s section,
paragraph, clause or —provision of this
Resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such
section paragraph, clause or provision shall not affects any of
the remaining provisions of this Resolution.
SECTION 14 EFFECTIVE DATE
This Resolution shall be effective immediately,
[Signature Page to Follow. ]
PAGE 8 OF' 9
PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OF THE
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 1, THIS
DAY OF f 2023 .
SIGNED AND ATTESTED TO THIS DAY OF 2023 .
1-11-1-11111..........................................---......... -------------------
WALTER "CHIP" WILSON
Chairman, Board of Directors
ATTEST:
JENNIFER PE NA
District Clerk
APPROVED AS TO FORM:
.. .... .........
RI CHARD JOEL STERN
District Counsel
Attachments :
EXHIBIT A - Legal Description of Assessment Area No. 2
EXHIBIT B - Maps of the District and Assessment Area No. 2
EXHIBIT C - Estimated Costs
EXHIBIT D - Description of Project
CERTIFICATE
I hereby certify that the above and foregoing resolution was
duly passed by the Board of Directors of the Superstition Vistas
Community Facilities District No. 1 at a regular meeting held on
September 19, 2023, and that a quoriam was present thereat and that
the vote thereon was ayes and nays; did not vote
or were absent .
District Clerk
RESOLUTION 'NO. 2023-007 SVCFD NO, 1
PAGE 9 OF 9
EXHIBIT A
LEGAL DESCRIPTION OF ASSESSMENT AREA NO.
Lots 446 through 556 , inclusive, according to the Final Plat for
Superstition Vistas - Phase 1D - Parcel 1.9 , 3 , recorded a
Fee No. 20 3- 0 7340, Records of Pinal County, Arizona; and
Late 557 through 718 , inclusive, according to the Final Plat for
Superstition Vistas - Phase 1 B - Parcel 19 m , recorded as
Fee No. 2023-057341, Records of Pinal County, Arizona.
RESOLUTION NO. 2023-007 S CFD NO. I
EXHIBIT A
EXHIBIT
MAPS OF THE DISTRICT AND ASSESSMENT AREA O.
(attached hereto)
RESOLUTION NO. 202 -00"7 SVCFD NO. 1
EXHIBIT
HE, DISTRICT
➢-D NO. I
1X5 ACRFS
WARNER
AVENUE
r
0
RAY t94°°EM
1000 20 �
Horz, 1 in.=2000h.
RESOLUTION NO. 2 — 07 SVCFD NO. 1e
EXHIBIT B
AsSESsmENT AREA No. 2
PARCH.19,3 932 LOTS
"s hEET 3
MAY r6
Y MAP
_LE
RESOLUTION NO. 2023-007 VC FD NO. 1
EXHIBIT
EXHIBIT C
ESTIMATED COSTS
Project Gusts $951, 937 . 24
Debt Service Reserve 120, 000 . 00
Incidental Expenses 293 , 062 . 76
Total Cost $1, 395, 000 . 00
Total Gusts shall not exceed the total Assessment of the product
of $5, 000 . 00 times the number of developable residential ;lots
located within Assessment Area No. 2 . As applicable, the par
iourit of the Bonds will, be rounded down to the nearest $1, 000
integral from the Assessment amount .
EXHIBIT C
EXHIBIT
DESCRIPTION OR PROJECT
The Bonds will finance the acquisition of all or a portion
of the Project consisting of public infrastructure d public
infrastructure purposes (as such terms are defined in the Act)
described in the Report, includin.g partic larly the acquisition
by the District of the following:
DESCRIPTION ESTD D COST COMPLETION-
Phase 1B Pavingp oveme t 991 , 937,24 September 202:3
Construction of asphaltic paving
improvements including approximately
32,295 square yards consi.atinq of 2 1/2
inc,, ea of asphalt over Ci inches of
aggregate base course. All improvements
are shown on approved plans and permits
dated November .30, 2022 by the City, which
may be amended from time to time to allow
for future uses.
TOTAL: $981,937.24
Completion represents the elate by which the Developer expected the public
:infrastructure to be constructed, which may differ: from the sate that it was
or is accepted by the City or other governmental entities, as appl.:icable.
EXHIBIT T
Q�riA L
:if , -' OFFICIAL RECORDS OF
� + PINAL COUNTY RECORDER
.- Dana Lewis
•• Electronically Recorded
DATE/TIME: 08/22/2023 1559
FEE: $15.00
PAGES: 21
FEE NUMBER: 2023-062040
WHEN RECORDED RETURN TO:
Greenberg Traurig, LLP
Attn: Zachary D. Sakas
2375 E. Camelback Road
Suite 800
Phoenix, Arizona 85016
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 1
WAIVER AND DEVELOPMENT AGREEMENT PERTAINING
TO THE TO BE FORMED ASSESSMENT AREA NO. 2
This Superstition Vistas Community Facilities District No. 1 Waiver and
Development Agreement Pertaining to the To Be Formed Assessment Area No. 2, dated as of
August 22, 2023 (this "Agreement"), by and among the Superstition Vistas Community Facilities
District No. 1 (the "District"), and D.R. Horton, Inc., a Delaware corporation (the "Developer"),
and, if applicable, other owners executing this Agreement prior to formation of Assessment Area
No. 2 (as defined herein).
WHEREAS, the City of Apache Junction, Arizona, an Arizona municipal
corporation (the "City"), and the Developer are parties to that certain Procedural Pre-Annexation
Agreement recorded August 16, 2021 as Instrument No. 2021-102467 in the Official Records of
Pinal County, as the same may be amended from time to time (the "Development Agreement"),
in connection with the planned community development project on the land subject thereto
known as "Superstition Vistas" (the"Project"); and
WHEREAS, pursuant to the District Development, Financing Participation,
Waiver and Intergovernmental Agreement by and among the City, the District and the
Developer, dated as of February 22, 2022 and recorded February 23, 2022 as
Instrument No. 2022-021689 in the Official Records of Pinal County (the "District Agreement"),
the Developer intends to request the District to form assessment area number 2 (the "Assessment
Area No. 2") comprised of the real property legally described on Exhibit A attached hereto (the
"Property") in order to provide for certain public infrastructure improvements plus all costs
connected with the public infrastructure purposes related thereto (as defined in Title 48,
Chapter 4, Article 6, Arizona Revised Statutes, as amended (the "Act")), such public
infrastructure improvements and public infrastructure purposes to be located on or off the
Property; and
WHEREAS, the Developer, and (if applicable) other owners executing this
Agreement, and all persons hereafter taking an interest in the Property, or any portion thereof,
shall be bound by the terms, waivers and agreements as set forth, and to the extent provided, in
this Agreement and shall be bound by the Assessments (as defined herein) recorded against the
Property; and
WHEREAS, subject to the terms of the District Agreement, the proposed public
infrastructure improvements and public infrastructure purposes to be provided by the Assessment
Area No. 2 shall consist of:
A. Acquisition, installation and/or construction of all or a portion of the
public infrastructure (as such term is defined in the Act) described on Exhibit B attached hereto
and all incidental improvements related thereto;
B. All engineering, legal, financial and incidental costs and expenses incurred
in completing the acquisition, installation and/or construction of the public infrastructure
described in paragraph A above and the costs and expenses incurred in connection with the levy
of the Assessments and the issuance and sale of the Assessment Area No. 2 bonds;
C. Capitalized interest on such Assessment Area No. 2 bonds, if any, for a
period not to exceed the period permitted by the Act; and
D. A debt service reserve fund created for such Assessment Area No. 2
bonds.
Collectively, the public infrastructure improvements and public infrastructure
purposes described in paragraphs A through D above and the costs and expenses thereof shall
hereinafter be referred to as the"World'; and
WHEREAS, persons having or hereafter acquiring only a lienholder's interest or
other security interest in the Property ("Lienholder" or "Lienholders", as applicable) consent to
these terms and provisions of the District Agreement and this Agreement and the recording
thereof and acknowledge the levying of the Assessments against the Property;
NOW, THEREFORE, the District, the Developer, and all future owners or
holders of any interest in any portion of the Property hereby agree as follows:
1. Development Agreement and Agreement Allocating Assessments.
This Agreement is a "development agreement" within the meaning of Arizona Revised Statutes
("A.R.S.") § 9-500.05 and the written agreement allocating the Assessments is authorized
pursuant to A.R.S. § 48-721, as amended.
2. Reliance on Agreement. This Agreement does not create a binding
commitment on the part of the District to actually form the Assessment Area No. 2, or, if formed,
of the District to sell or deliver such Assessment Area No. 2 bonds or construct, install or acquire
any or all of the Work, or if it does construct, install or acquire any of the Work, to construct,
-2-
install or acquire it pursuant to any existing proposals. However, the District and the Developer,
in going forward with the Work, are doing so in reliance upon this Agreement to have the
Property included within the to-be-formed Assessment Area No. 2 and assessed for the costs
thereof.
3. Review and Approval of the Boundaries and Scope of Work;
Acknowledgement of Assessment.
a. The Developer, as the sole owner of all the Property, has reviewed or had
the opportunity and right to review the boundaries of the Assessment Area No. 2, the preliminary
plans and specifications detailing the Work and the current estimate of the costs of the Work.
The Developer agrees the costs of the Work shall be spread among the parcels (residential lots)
comprising the Property within the proposed Assessment Area No. 2 utilizing a methodology
determined by the District Engineer (the "Engineer") based on the expected benefit to the
residential lots to be developed on the Property, provided the Engineer's estimate of the costs of
Work (the "Engineer's Estimate") will not exceed $1,395,000.00 and such Assessment amount
shall be allocated and levied to each developable parcel (residential lot) within the Assessment
Area No. 2 in an amount not to exceed $5,000.00 per parcel (residential lot).
b. The Developer and all future owners or holders of any interest in any
portion of the Property expressly consent to the following: (i)the District may take all required
actions as necessary to form the Assessment Area No. 2 in accordance with the provisions of the
District Agreement and the Act; and (ii)the District may incur costs and expenses necessary to
complete or acquire the Work.
C. Furthermore, the Developer and all future owners or holders of any
interest in any portion of the Property acknowledge that the District shall levy and collect an
assessment on the Property sufficient to pay all costs and expenses of the Work(including Work
benefitting the Property in the proposed Assessment Area No. 2, which Work may be
constructed, installed or performed prior to or after the execution hereof) and the costs of levying
the assessment and the issuance of the Assessment Area No. 2 bonds, but not in excess of the
Engineer's Estimate prepared in accordance with the applicable requirements of the District and
the Act(the "Assessments").
4. No Protest, Obiection or Request for Hearings. The Developer and all
future owners or holders of any interest in any portion of the Property agree to allow the
formation of the proposed Assessment Area No. 2 and to acknowledge that the District shall take
all steps necessary to levy, confirm and record Assessments against the Property and to issue
such Assessment Area No. 2 bonds supported by the Assessments. The Developer and all future
owners of any portion of the Property acknowledge and agree, to the fullest extent permitted by
applicable law, that pursuant to A.R.S. § 9-500.05, the provisions of A.R.S. § 32-2181 do not
apply and that pursuant to this Agreement the parties waive their right to appear before the Board
of Directors of the District (the "District Board") on any hearing required at or prior to the
confirmation of the Assessments and waive their right to: (a) protest and object to the extent of
the Assessment Area No. 2 pursuant to A.R.S. §§ 48-579 and 48-580; (b)protest the award of
-3-
contract pursuant to A.R.S. § 48-584; and (c) object to the Assessments on procedural grounds,
or as to the legality of the Assessments, pursuant to A.R.S. § 48-590.
5. Waiver of Procedural Deficiencies and Irregularities. The Developer
and all future owners or holders of any interest in any portion of the Property, with full
knowledge of the provisions of Title 48, Chapter 4, Articles 2 and 6, Arizona Revised Statutes,
as amended, and their rights thereunder (or having obtained counsel to advise them of the
provisions and their rights), expressly waive any and all irregularities, illegalities or deficiencies
which may now or hereafter exist in the acts or proceedings resulting in the formation of the
District, the formation of the Assessment Area No. 2, the adoption of the resolution of intention
and the resolution ordering the Work, the levying of the Assessments against the Property and
the issuance of Assessment Area No. 2 bonds secured by the Assessments levied against the
Property.
6. Waiver. The Developer and all future owners or holders of any interest in
any portion of the Property, with full knowledge of the provisions and their rights under the
provisions of law hereafter referenced, expressly waive the following:
a. any defect in the proceedings establishing the District, as required by
A.R.S. § 48-702 through § 48-708, inclusive, and agree that, to the extent of any defect, this
Agreement shall constitute the petitions required by law to form and establish the District
without conducting an election;
b. the providing of any and all notices and response time periods related to
such notices provided by A.R.S. § 48-576 et seq., as amended, including but not limited to the
following:
i. mailing, posting and publication, as applicable, of any notice
required in connection with: (A)the adoption of the resolution of intention, (B) the notice of
proposed improvements, (C)the adoption of the resolution ordering the Work, (D) notice of
passage of the resolution ordering the Work, (E) notice of award of contract and (F) any other
steps necessary in connection with the Assessment Area No. 2 or the Work; and
ii. any and all notices pertaining to the levying of the Assessments,
including notice of any hearing on the Assessments;
C. any and all objections and protests to the extent of the Assessment Area
No. 2;
d. any and all objections to the adoption and approval by the District of the
Assessment Area No. 2 including, without limitation, the plans and specifications, the Engineer's
Estimate and the assessment diagram, all of which provide for and effectuate the completion of
the Work;
e. any and all protest rights against the Work and objections to the awarding
of one or more acquisition or construction contracts for the Work;
-4-
f. any and all claims or defenses, known or unknown, they may now or
subsequently have against the Assessments or the Assessment Area No. 2 bonds; and
g. all demands for cash payment of the Assessments.
Nothing contained in this Agreement shall be construed as a waiver by any party
to this Agreement of any notice required by A.R.S. §§ 48-600 or 48-601 of delinquent
assessment installments.
7. Work as More Than Local and Ordinary Benefit. The Developer and
all future owners or holders of any interest in any portion of the Property agree that the Work is
of more than local or ordinary public benefit and that the Work constitutes public infrastructure
improvements and public infrastructure purposes and that the Property which is subject to the
Assessments receives the primary benefit from the Work in an amount not less than the
Engineer's Estimate of the costs thereof, and not less than the portion of the Assessment levied
against each parcel or lot comprising the Property.
8. Public Bidding. The public bidding requirements set forth in
A.R.S. §§ 48-581 and 48-584 have been or will be complied with by the Developer on behalf of
the District with respect to each contract comprising the Work.
9. Acquisition of the Work. The District may, immediately upon issuance
of the Assessment Area No. 2 bonds, acquire all or part of the Work.
10. Developer's Acknowledgement of Assessment. The Developer and all
future owners or holders of any interest in any portion of the Property acknowledge the District
shall levy the Assessments in an amount not greater than the Engineer's Estimate against all
developable parcels located within the boundaries of Assessment Area No. 2, as provided in
Section 3.a, not in excess of $5,000.00 per developable parcel (residential lot); and that such
Assessments shall be collected and foreclosed in accordance with A.R.S. § 48-601 et seq., as
amended, and in accordance with any other documents executed and delivered in connection
with the delivery of the Assessment Area No. 2 bonds.
11. Recording and Validity of Assessments. The Developer and all future
owners or holders of any interest in any portion of the Property acknowledge the District shall
record the Assessments against the Property and acknowledge such recording of the Assessments
shall constitute valid and enforceable first liens against the respective parcels comprising the
Property as shown and the amounts set forth in the Assessments, subject only to the lien for ad
valorem taxes and prior special assessments.
12. Assessments to Go to Bond. Except as the Developer, or any future
owner or holder of any interest in any portion of the Property, otherwise notifies the District in
writing prior to the recording of the Assessments of their intent to pay all or part of their
Assessment in cash, Assessments will not be paid in cash. With respect to Assessments not paid
in cash, the Developer requests, and all future owners or holders of any interest in any portion of
-5-
the Property agree, that a certified list of unpaid Assessments be filed as soon as possible after
the recording of the Assessments and that Assessment Area No. 2 bonds amortizing the payment
of the Assessments over not less than fifteen (15)years be issued and sold as soon as possible.
13. No Reduction of Obligation of Developer. The inability of the District
to assess all or any portion of the costs of the Work shall not reduce the obligation of the
Developer, and all future owners or holders of any interest in any portion of the Property, so long
as the Developer or future owner or holder of any interest in any portion of the Property own all
or part of any parcel comprising the Property, to pay the Assessment levied against such portion
of the Property, and provided that the aggregate costs of the Work are not reduced.
14. Waiver of Collateral Document Provisions. The Developer and all
future owners or holders of any interest in any portion of the Property expressly waive any and
all provisions of any collateral security instruments relating to the Property which prohibit the
formation of the Assessment Area No. 2, completion of the Work, and levying and recording of
the Assessments against the Property.
15. Dedication of Property Needed to Perform the Work. The Developer
and all future owners or holders of any interest in any portion of the Property consent to the
dedication, without cost, of the rights-of-way and easements and other property, as required
pursuant to the applicable Final Plats listed on Exhibit A, the Map of Dedication and those
certain final approved infrastructure improvement plans for the Work, each as described on
Exhibit C attached hereto. The Developer and all future owners or holders of any interest in any
portion of the Property agree to cooperate in effectuating any required dedication, including
execution of any required document.
16. Indemnification Under Securities Act.
a. The Developer hereby agrees to indemnify and hold the District and the
City and each director, council member, officer, agent, legal counsel, independent contractor or
employee thereof and each person, if any, who controls the District, and the City, its officers,
employees and agents, within the meaning of the Securities Act of 1933, as amended (the
"Securities Act") (together with the parties described in the last sentence of this Section 16.a,
collectively the "Indemnified Persons") harmless for, from and against any and all losses, claims,
damages or liabilities, including reasonable attorneys' fees arising from any challenge to the
formation, activities or administration of the District or the Assessment Area No. 2, or any
losses, claims, damages or liabilities, including reasonable attorneys' fees related to which any of
the Indemnified Persons may become subject, under any statute or regulation at law or in equity
or otherwise, insofar as such losses, claims, damages or liabilities, including attorneys' fees (or
actions in respect thereof) arise out of or are based upon any untrue statement or any alleged
untrue statement or material fact set forth in any official statement applicable to the Assessment
Area No. 2 bonds or any amendment or supplement thereto, or arise out of or are based upon the
omission or alleged omission to state therein a material fact required to be stated therein or which
is necessary to make the statements therein, in light of the circumstances in which they were
made, not misleading in any material respect. For purposes of this Section 16, the Indemnified
Persons further includes Apache Junction Sewer District (the "AJ Sewer District," which was
-6-
formed as Superstition Mountains Community Facilities District No. 1 and subsequently adopted
Resolution No. 23-01 which stated such district shall now be known as Apache Junction Sewer
District) and Water Utilities Community Facilities District (City of Apache Junction, Arizona)
(the "AJ Water District") and each director, officer, agent, legal counsel, independent contractor
or employee thereof and each person, if any, who controls such respective district within the
meaning of the Securities Act, but only in connection with any public infrastructure (as defined
in the Act) accepted by the AJ Sewer District or the AJ Water District, respectively.
b. Section 16.a hereof shall, however, not be applicable to any of the
following:
(1) to the extent matters involve any gross negligence or willful
misconduct of any Indemnified Person, or
(2) matters arising from or involving any material breach of this
Agreement by the District or any other Indemnified Person.
C. Sections 8.1(b)(2) and 8.1(c) of the District Agreement are hereby
incorporated by reference for purposes of available insurance, if any, to the Indemnified Persons,
and the provision of notice by the Indemnified Persons to the Developer in connection with
indemnification sought from the Developer, respectively.
d. This Section 16 shall survive the termination hereof.
17. General Indemnification of District and Directors.
a. The Developer hereby agrees to indemnify the District and each director,
officer, agent, legal counsel, employee, and independent contractor thereof, and the City, and its
officers, employees, agents, legal counsel, independent contractors and council members
(together with the parties described in the last sentence of this Section 17.a, collectively, the
"Indemnified Parties") and shall hold the Indemnified Parties harmless from, for and against any
and all losses, damages, liabilities, claims and reasonable costs incurred, including but not
limited to reasonable attorneys' fees and other administrative or out of pocket costs actually and
directly incurred by the Indemnified Parties in connection with or as the result of acts of the
District or the District Board which are (i) within the scope of the District or District Board's
authority under the Securities Act, or (ii) undertaken by the District or District Board in a
properly advertised public meeting. For purposes of this Section 17, the Indemnified Parties
further includes the AJ Sewer District and the AJ Water District and each director, officer, agent,
legal counsel, independent contractor or employee thereof, but only in connection with any
public infrastructure (as defined in the Act) accepted by the AJ Sewer District or the AJ Water
District, respectively.
b. Section 17.a hereof shall, however, not be applicable to any of the
following:
-7-
(1) to the extent matters involve any gross negligence or willful
misconduct of any Indemnified Parties, or
(2) matters arising from or involving any material breach of this
Agreement by the District or any other Indemnified Party.
C. Sections 8.1(b)(2) and 8.1(c) of the District Agreement are hereby
incorporated by reference for purposes of available insurance, if any, to the Indemnified Parties,
and the provision of notice by the Indemnified Parties to the Developer in connection with
indemnification sought from the Developer, respectively
d. This Section 17 shall survive the termination hereof.
18. Disclosure Document. The Developer and all future owners or holders of
any interest in any portion of the Property hereby agree that any potential purchaser of any real
property subject hereto, including each potential purchaser of a residential lot within the
Assessment Area No. 2, shall receive a concise disclosure document that discloses the existence,
the estimated payment amount and the payment terms of any portion of the Assessment
applicable to the real property to be purchased. Each potential purchaser shall acknowledge in
writing that the purchaser received and understood the concise disclosure document and has
agreed to the terms, waivers and agreements contained in this Agreement. The Developer agrees
to provide such disclosure document to the initial purchasers of the residential lots. For so long
as the Developer owns any real property within the boundaries of the District, the Developer
agrees to provide the form of disclosure document, upon reasonable request, to title companies,
the District or a then-current owner of a residential lot within Assessment Area No. 2 for any
future conveyance of a residential lot within Assessment Area No. 2. The District agrees to
maintain records of the written acknowledgments. The provisions of this Agreement shall not
apply to the sale, transfer or other conveyance of any real property which is not subject to the
Assessment, and no disclosure document shall be required for such real property which is not
subject to the Assessment.
19. Encumbrance of the Property. The provisions, terms and restrictions of
this Agreement shall run with and bind the Property as equitable servitudes and also as covenants
running with the land. Without limitation of the foregoing, in the event of any sale, transfer or
other conveyance by the Developer, all future owners or holders of any interest in any portion of
the Property shall continue to be bound by all of the terms, conditions and provisions hereof.
Prior to the completion of the Work, the levy of the Assessments pertaining to the Work, the
final hearing regarding the levy of the Assessments and the issuance of Assessment Area No. 2
bonds secured by the Assessments, and subject to Section 29 hereof, any grantee, transferee or
other subsequent owner shall execute and deliver to the District ExhibitD-1 attached hereto, and
any prospective buyer shall execute and deliver to the District Exhibit D-2 attached hereto, and
shall take such property subject to all of the terms, conditions and provisions hereof and any
prospective buyer, grantee, transferee or other subsequent owner shall take such property entitled
to all of the rights, benefits and protections afforded the predecessor in interest thereof by the
terms hereof.
-8-
20. Recording. This Agreement may be recorded in the office of the County
Recorder of Pinal County, Arizona.
21. Continuing Disclosure. So long as any of the Developer or any future
owner or holder of any interest in any portion of the Property is liable for twenty percent (20%)
or more of the debt service on any Assessment Area No. 2 bonds, such Developer, or any such
future owner or holder of any interest in any portion of the Property, solely with respect to its
assessed property, will provide, or make available on any electronic data gathering filing system
created by the United States Securities and Exchange Commission, any and all information
needed as may be reasonably requested by the District, or required to comply with the
information reporting requirements contemplated by Rule 240.15c2-12, General Rules and
Regulations, Securities Exchange Act of 1934, as amended.
22. Successors and Assigns. This Agreement shall inure to the benefit of and
(except as otherwise expressly provided herein) be binding upon the Developer, and its future
grantees, successors and assigns, and any future owner or holder of any interest in any portion of
the Property. There shall be no third-party beneficiaries of this Agreement, except that solely for
the purposes of receiving the benefits of the provisions of Sections 16 and 17 of this Agreement,
the Developer hereby agrees that the City and, as applicable, the AJ Sewer District and the
AJ Water District, shall each be a third-party beneficiary of the terms and provisions of
Sections 16 and 17 of this Agreement.
23. Authority. The Developer warrants that it has the requisite authority to
enter into this Agreement and bind the Property and, to the best of its knowledge, no other
consents are required.
24. Further Assurances. Without limitation of the foregoing, the Developer
and all future owners and holders of any interest in any portion of the Property shall execute and
deliver to the Developer and the District, upon request but at no third-party cost, all further
assurances and waivers as may be required by the District and the Act to give full effect to the
provisions of this Agreement, each of which further assurances and waivers by this reference
shall, upon such execution, delivery and recording, be deemed incorporated herein and have the
same priority as this Agreement. In addition to the foregoing, until the later of the issuance of
the Assessment Area No. 2 bonds or the final hearing regarding the levy of the Assessments, all
owners of the Property (i) shall execute to the District, upon request, all further assurances,
waivers and agreements as may be reasonably required by the District to effectuate the
transactions contemplated by this Agreement, and (ii) shall engage legal counsel to deliver
opinions as to, without limitation, the legality, validity and enforceability of this Agreement and
such further assurances, waivers and agreements.
25. Counterparts. For convenience, this Agreement may be executed in one
or more counterparts and each executed counterpart and all executed ExhibitD's shall for all
purposes be deemed an original and shall have the same force and effect as an original, but all of
which together shall constitute in the aggregate but one and the same instrument. This
Agreement will constitute the entire agreement between the parties, and supersedes all previous
written or oral agreements or understandings regarding the subject matter of this Agreement.
-9-
26. Waiver of Claims by Developer.
a. Except as to matters which are subject to the express terms of the District
Agreement and any other written agreement to which the District and the Developer are parties
as of the date of this Agreement, the Developer knowingly and voluntarily forever releases and
discharges the District and all of its past and present elected officials, officers, directors, agents,
employees, successors, assigns, attorneys, and representatives from all legal and equitable
claims, causes of action, debts, accounts and damages occurring and existing prior to the date of
this Agreement whether known or unknown, asserted or unasserted, and of every nature and
extent whatsoever, that the Developer has against the District in connection with the Project
arising from actions, omissions, delays or other events that occurred prior to the date of this
Agreement.
b. Except as to matters which are subject to the express terms of the
Development Agreement and any other written agreement to which the City and the Developer
are parties as of the date of this Agreement, the Developer knowingly and voluntarily forever
releases and discharges the City and all of its past and present elected officials, officers,
directors, agents, employees, successors, assigns, attorneys, and representatives from all legal
and equitable claims, causes of action, debts, accounts and damages occurring and existing prior
to the date of this Agreement whether known or unknown, asserted or unasserted, and of every
nature and extent whatsoever, that the Developer has against the City in connection with the
Project arising from actions, omissions, delays or other events that occurred prior to the date of
this Agreement.
C. None of the releases and discharges above are intended to, and do not,
negate or otherwise relieve the District or the City of any executory contractual obligations under
existing contracts or of any obligations under any applicable law, statute, or ordinance.
27. Failure to Sell Bonds. In the event the District fails or is otherwise
unable to sell and/or deliver Assessment Area No. 2 bonds in an amount sufficient to allow the
District to pay the amounts needed to pay the costs of the Work and upon written request of the
Developer acting on behalf of the owner or owners of the Property, the District agrees to adopt
proceedings that dissolve and terminate Assessment Area No. 2 or any Assessments (including
termination of this Agreement), established by the District, encumbering the Property.
28. Consent. Subject to Section 29 hereof, until the later of the issuance of
the Assessment Area No. 2 bonds or the final hearing regarding the levy of the Assessments, the
Developer agrees that upon the sale of any portion of the Property owned by the Developer, the
Developer will require the execution and delivery of Exhibit D-1 or Exhibit D-2 by each grantee,
transferee, other subsequent owner or prospective purchaser, as applicable.
29. Additional Representations, Warranties and Covenants of Developer.
Other than any agreement previously disclosed in writing to the District, as of the date of this
Agreement, the Developer represents and warrants, with respect to any portion of the Property
owned by them, that no purchase and sale agreements, option agreements, deposit agreements, or
-10-
other agreements conveying or intending to convey an interest in all or any portion of the
Property have been entered into with any purchaser, optionee, depositor or other recipient of an
interest in the Property, and that any purchaser, optionee, depositor or other recipient of an
interest in the Property under a previously disclosed agreement shall consent to this Agreement.
In accordance herewith, until the final hearing regarding the levy of the Assessments is complete,
the Developer and all future owners and holders of any interest in any portion of the Property
covenant and agree not to transfer title in any interest in the Property to any non-affiliated
purchaser or other recipient, unless such interest is greater than ten (10) residential lots for any
such non-affiliated purchaser.
30. Arizona Law Provisions.
a. The District may, within three years after its execution, cancel this
Agreement, without penalty or further obligation, if any person significantly involved in
initiating, negotiating, securing, drafting or creating this Agreement on behalf of the District is,
at any time while this Agreement is in effect, an employee or agent of the Developer in any
capacity or a consultant to the Developer with respect to the subject matter of this Agreement
and may recoup any fee or commission paid or due any person significantly involved in
initiating, negotiating, securing, drafting or creating this Agreement on behalf of the District
from the Developer arising as the result of this Agreement. The Developer has not taken and
shall not take any action which would cause any person described in the preceding sentence to be
or become an employee or agent of the Developer in any capacity or a consultant to the
Developer with respect to the subject matter of this Agreement.
b. To the extent applicable, the Developer certifies that it is not currently
engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott,"
as that term is defined in § 35-393, Arizona Revised Statutes, of Israel.
c. To the extent applicable under A.R.S. § 41-4401, the Developer and its
respective subcontractors warrant compliance with all federal immigration laws and regulations
that relate to their employees and their compliance with the E-verify requirements under
A.R.S. § 23-214(A). The failure by the Developer or its respective subcontractors' failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the District.
-11-
d. To the extent applicable under A.R.S. § 35-394, the Developer hereby
certifies it does not currently, and for the duration of this Agreement shall not use: (a)the forced
labor of ethnic Uyghurs in the People's Republic of China, (b) any goods or services produced
by the forced labor of ethnic Uyghurs in the People's Republic of China, and (c) any contractors,
subcontractors or suppliers that use the forced labor or any goods or services produced by the
forced labor of ethnic Uyghurs in the People's Republic of China. The foregoing certifications
are made to the best knowledge of the Developer, without any current independent investigation
or without any future independent investigation for the duration of this Agreement. If the
Developer becomes aware during the duration of this Agreement that it is not in compliance with
such certification, the Developer shall take such actions as provided by law, including providing
the required notice to the District. If the District determines that the Developer is not in
compliance with the foregoing certification and has not taken remedial action, such failure to
comply with the certifications in this section shall be deemed a material breach of this
Agreement and may result in the termination of this Agreement by the District.
[SIGNATURES ON FOLLOWING PAGES]
-12-
IN WITNESS WHEREOF, the undersigned have duly affixed their signatures,
all as of the day and year first written above.
SUPERSTITION VISTAS COMMUNITY
FACILITIES DISTRICT NO. 1, an Arizona
political subdivision and municipal corporation
By: wt� c
Chairman, District Board
ATTEST:
ku-4,AL -
D' trict Clerk
APPROVED AS TO FORM:
Richard Joel Stern, District Counsel
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing instrument was acknowledged before me this day of
2023, by Walter "Chip" Wilson, Chairman of the Board of Directors of Superstition
Vistas Community Facilities District No. 1, an Arizona political subdivision and municipal
corporation.
(Seal and Expiration Date)
OFFICIAL.SEAL
0�4 B a Jennifer D Pena
NOTARY PUBLIC-ARIZONA No Publ' in and for the State of Arizona
m Maricopa County
• c COMM# 578749
My Comni.ExPires Nov.18,2023
[Signature page to Superstition Vistas Community Facilities District No. 1 Waiver and
Development Agreement Pertaining to the To Be Formed Assessment Area No. 2]
Signature Page to Waiver and Development Agreement:
DEVELOPER:
D.R. HORTON, INC., a
Delaware corporation
By:
Name:
Its:
p�t0E 9TgrP -ECCA 7:2Hz.';N-•.;ECERI
Notary -Arizona
STATE OF ARIZONA ) �° x ' ommiss oinc#049044
SS. �b �� My Commission Expires
s a March 30.2027
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this I'—+ day of
2023, by Zr en- , the of D.R. Horton, Inc.,
a De aware corporation.
(Seal and Expiration Date) ,
otary Public in and for State of Arizona
[Signature page to Superstition Vistas Community Facilities District No. 1 Waiver and
Development Agreement Pertaining to the To Be Formed Assessment Area No. 21
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lots 440 through 556, inclusive, according to the Final Plat for Superstition Vistas — Phase 1B —
Parcel 19.3,recorded as Fee No. 2023-057340,Records of Pinal County, Arizona; and
Lots 557 through 718, inclusive, according to the Final Plat for Superstition Vistas — Phase 1B —
Parcel 19.4,recorded as Fee No. 2023-057341,Records of Pinal County, Arizona.
A-1
EXHIBIT B
PUBLIC INFRASTRUCTURE
The Project consists of Phase 1B paving improvements within Parcel 19.3 and 19.4. All
improvements are shown on the plans sealed by the engineer as shown on Exhibit C to the
Agreement to which this Exhibit B is attached, and approved by the City of Apache Junction,
Arizona, which may be amended from time to time to allow for additional property uses adjacent
to Parcel 19.3 and Parcel 19.4 that are not yet known. The expected completion date for the
Project is September 2023. Such expected completion date represents the date by which the
Developer expects the public infrastructure to be constructed, which may differ from the date
that it is accepted by the District, City of Apache Junction, Arizona, or other governmental
entity.
B-1
EXHIBIT C
IMPROVEMENT PLANS
(CFD INFRASTRUCTURE)
Reverence at Superstition Vistas — Parcel 19.3 — Paving Plans prepared by HilgartWilson sealed
August 9, 2022 and approved by Apache Junction Development Services on November 30, 2022.
Reverence at Superstition Vistas — Parcel 19.4 — Paving Plans prepared by HilgartWilson sealed
August 9, 2022 and approved by Apache Junction Development Services on November 30, 2022.
C-1
EXHIBIT D-1
WHEN RECORDED RETURN TO:
Greenberg Traurig, LLP
Attn: Zachary D. Sakas
2375 E. Camelback Road, Suite 800
Phoenix, Arizona 85016
[PROPERTY OWNER/LIENHOLDER]
CONSENT,WAIVER AND AGREEMENT
[To be executed by Owners of property/lienholders within Assessment Area No. 2]
Reference is made to that certain Superstition Vistas Community Facilities District No. 1
Waiver and Development Agreement Pertaining to the To Be Formed Assessment Area No. 2,
initially by and between the District and the Developer (each as defined therein), dated as of
August 22, 2023, and recorded as Instrument No. 2023- in the Official Records of
Pinal County (the "Agreement"), in respect of the Property, to which this [Property
Owner/L,ienholder] Consent, Waiver and Agreement now attaches to and becomes part of the
Agreement. All capitalized terms used and not otherwise defined in this [Property
Owner/L,ienholder] Consent, Waiver and Agreement shall have the meanings set forth in the
Agreement. The undersigned, as [an owner/lienholder in respect] of real property within the
Assessment Area No. 2, legally described on Exhibit 1 hereto, hereby consents to, and agrees to be
bound by, the terms, waivers and agreements set forth in the Agreement, acknowledges that the
Agreement shall run with and bind all the real property in which the undersigned holds an interest
within Assessment Area No. 2, and acknowledges the recordation of the Agreement with respect to
all such real property.
DATED: 20 .
[PROPERTY OWNER/LIENHOLDERI:
By:
Its:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 , by the of
, an
(Seal and Expiration Date)
Notary Public in and for the State of
D-1-1
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
[Insert Description of Parcel Subject to Property
Owner/Lienholder Consent, Waiver and Agreement]
D-1-2
EXHIBIT D-2
WHEN RECORDED RETURN TO:
Greenberg Traurig,LLP
Attn:Zachary D. Sakas
2375 E. Camelback Road, Suite 800
Phoenix,Arizona 85016
[PROSPECTIVE RETAIL BUYER]
CONSENT,WAIVER AND AGREEMENT
[To be executed by prospective retail buyers of residential lots
within Assessment Area No. 2 and recorded upon prospective retail buyer acquiring the Lot
described herein]
Reference is made to that certain Superstition Vistas Community Facilities District No. 1 Waiver and
Development Agreement Pertaining to the To Be Formed Assessment Area No. 2, initially by and between the
District and the Developer(each as defined therein), dated as of August 22, 2023, and recorded as Instrument No.
2023- in the Official Records of Pinal County (the `Agreement"), in respect of the Property, to
which this Consent, Waiver and Agreement now attaches to and becomes part of the Agreement. All capitalized
terms used and not otherwise defined in this Consent, Waiver and Agreement shall have the meanings set forth in
the Agreement. The undersigned has executed an executory residential real estate sale agreement to acquire the
subdivided residential lot within the Assessment Area No. 2, legally described on Exhibit 1 hereto (the "Lot"). So
long as the executory residential real estate sale agreement is in effect and from and after the undersigned's
acquisition of the Lot, the undersigned hereby consents to, and agrees to be bound by, the terms, waivers and
agreements set forth in the Agreement, acknowledges that the Agreement shall run with and bind the Lot, and,if the
undersigned acquires the Lot, authorizes the Developer to record this Consent, Waiver and Agreement and
acknowledges the recordation of the Agreement with respect to the Lot. In addition to the foregoing, if the
undersigned acquires title to the Lot prior to the later of the issuance of the Assessment Area No. 2 bonds or the final
hearing regarding the levy of the Assessments, the undersigned hereby agrees to execute such additional waivers,
assurances and agreements as reasonably required by the District, and to engage legal counsel at the undersigned's
expense to deliver opinions as to,without limitation,the legality,validity and enforceability of this Consent,Waiver
and Agreement and any additional waivers and agreements as reasonably requested by the District.
DATED AS OF: [Date of Executory Residential Real Estate Sale Agreement] ,20 .
[PROSPECTIVE RETAIL BUYERI:
By:
Its:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20_,by
the of , an
(Seal and Expiration Date)
Notary Public in and for the State of
D-2-1
EXHIBIT 1
LEGAL DESCRIPTION OF LOT
[Insert Description of Lot Subject to
Consent, Waiver and Agreement]
D-2-2
ona PO BOX 194
BAsi-1,011ess
Phoenix,Arizona 85001-0194
a z ft,p (602)444-7315 FAX(602)444-5901
This is not an invoice
PNI-Arizona Business Gazette AFFIDAVIT OF PUBLICATION
GREENBERG TRAURIG
2375 E CAMELBACK RD NOTICE OF PUBLIC HEARING
TO THE GENERAL PUBLIC AND THE
PHOENIX,AZ 85016-3424 MEMBERS OF THE BOARD OF
DIRECTORS OF SUPERSTITION
VISTAS COMMUNITY FACILITIES
DISTRICT NO.1:
NOTICE IS HEREBY GIVEN that the
Board of Directors of the Superstition
Vistas Community Facilities District
No.1 will meet on September 19,2023,
at 5:30 p.m.,in the.City Council Cham-
bers,City of Apache.Junction,300 East
Superstition Boulevard, Apache
Junction,.Arizona
85119. to conduct n. .._...
" Public hearing on,and to consider and
review a feasibility report relative to a
Proposed Proiect to be financed by the.
This is not an invoice issuance ofspecial ossessment bonds of
Assessment Area No.f 2 within the
Order# 0005808635 District. A copy of the easibility report
#of Affidavits: 1 may be reviewed at the office of the
City Clerk,300 East Superstition Bouie-
vard,Apache.Junction,Arizona85119.
P.O# Superstition Vistas CFD Published:August 31,2023
Issues Dated:
08131/23
STATE OF WISCONSIN
COUNTY OF BROWN SS'
I, being first duly sworn, upon oath
deposes and says:That I am the legal
clerk of the Arizona Republic, a newspaper
of general circulation in the counties of
Maricopa, Coconino, Pima and Pinal, in
the State of Arizona, published weekly at
Phoenix,Arizona, and that the copy
hereto attached is a true copy of the
advertisement published in the said
paper in the issue(s) dated indicated.
Z
Sworn to before me this
31 ST day of
AUGUST 2023
CQ
Notary Pubic V I C KY F E LTY
�� Notary Public
My Commission expires:
State of Wisconsin
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.4.
File ID: 23-467
Sponsor: Leslie DeReche Agenda Date:9/19/2023
Index: In Control: Superstition Vistas Community Facili
Presentation, discussion and consideration of Resolution No. 2023-008 SVCFD No. 1, a
resolution of the district board of Superstition Vistas Community Facilities District No. 1
approving the levying of an assessment and assessment diagram for Assessment Area No. 2
within the district.
City of Apache Junction,Arizona Page 1 Printed on 9/13/2023
RESOLUTION O. 0 2 3-0 3 SVC°FD NO. 1
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUPERSTITION N VISTAS COMMUNITY FACILITIES DISTRICT NO. 1
APPROVING THE LEVYING OF' AN ASSESSMENTD ASSESSMENT
DIAGRAM FOR ASSESSMENT AREA NO. 2 WITHIN THE
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. T
WHEREAS, can September 19, 2023 , the Board. of Directors
(this "Board." ) of the Superstition Vistas Community Facilities
District No. T (the "District" ) passed and adopted
Resolution o. 2023-007 SVtm.F'D No. 1 (the "Resolution o.f
Intention" ) , declaring its intention to acquire the Project (as
deefirieed In the Resolution of Inteeration) , together with all
appurtenances and adjuncts pertaining thereto; determining that
the District' s special assessment bonds shall be issued to
represent the costs and expenses thereof; declaring the Project
to be of more than local or ordinary public benefit ; declaring
that the casts and expenses thereof shall be assessed upon the
residential lots within th.e boundaries of Assessment Area No. 2
(as defined In the Resolution. of Intention) ; and providing that
the Project shall be performed under the provisions of Title 48 ,
Chapter 4 , Article 0, Arizona Revised Statutes, and all
amendments thereto; and.
WHEREAS, the Waiver (as defined in the Resolution of
Intention.) has been signed by the D.-i- tr'ict, the developer, the
landowners of the real property within the boundaries of
Assessment Area No. 2 and any ether persons having an interest
In the real property within the boundaries of Assessment Area
. 2 , waiving, among other things, all requirements for notice
and time for protests against the Project and objections to the
extent of the Assessment Area No. 2 ; and
WHEREAS, 5, 0 0 . 00 assessment h. .11 be levied against all
residential lots shown can th.e aswent diagram within
Assessment Area No. 2 that have not prepaid such. assessment; and
WHEREAS, this Board has thereby acquired jurisdiction t
order the e~ l atio and performance of the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIREC77ORS O
THE Lt TITIO VISTAS COMMUNITY FACILITIES DISTRICT T O. 1 A
FOLLOWS :
69,1;slid 059
RESOLUTION NO. 2023-005 SVC D NO. 1
PAGE 1 OF 4
CATION 1 DEFINITIONS
In this resolution, terms defined in. the Resolution of Intention
shall have the same meanings here.n as therein.
SECTION 2 PROJECT COST
The estimate of (oats and expenses for the Project, Incidental
Expenses and Debt Service Reserve is as set forth hereafter, and
the Estimate on, file with the District ;is as follows -
Project Costa
Project Cost $ 981, 937 . 2
TOTAL PROJECT COSTS $ 981, 937 . 24
Incidental Expenses $29 , 062 . 7
Debt Service Reserve 1.20, 000 . 00
GRAND TOTAL $1, 395, 000 . 00
SECTION RATIFICATION ATION O LEVY OF ASSESSMENT
The District Engineer has allocated the Project costa among the
developable lots within they Assessment area No. 2 benefitting
from the Project and the levy by the Superintendent of Streets
of an assessment acyadn.at the real property in the Assessment
Area No. 2 for an. amount not greater than the grand total of
coats set forth in Section 2 hereof, is hereby ratified;
provided., however, the arnount of the assessment may be reduce
as actual costa are established and substituted for the
estimated costs and as may be necessary to reduce any assessment
made on. any developable lot in the Assessment Area No. 2 to not
more than $9, 0 . 00 . The Superintendent of Streets is hereby
directed to record in its offices the assessment and record with
the Pina.1 County recorder a Notice of Assessment .
SECTION 4
T DIAGRAM
............................. .......... .
Those certain duplicate assessment diagrams of the area to be
assessed, prepared by the District Engineer, and heretofore
filed with the District Clerk and the Superintendent of Streets,
are hereby ratified and a s roomed, and the District Clerk is
hereby directed to certify the fact of such, ratification and
approval on the face of each of such diagrams including the state
RESOLUTION O. 2 23--006 S17CFD NO. 1
PAGE 2 OF 4
hereof as the date of such ratification and approval and to
deliver a copy of the diagrams so certif ied to the
Superintendent of Streets .
SECTION 5 ASSESSMENT AND COLLECTION
-------------------......................... -------—
The preparation and recording by the District Engineer and
Superintendent of Streets of an assessment against. the real
property contained within the Assessment Area No. 2 is hereby
authorized. and approved, or as applicable, ratified. The
assessment shall be allocated among the parcels and. residential
lots within the Assessment Area No. 2 as shown on the Assessment
Diagram, in the manner established by the District Engineer.
The D.istrict Treasurer and Superintendent of Streets are each
hereby authorized and directed to collect the assessment, and.
the District ' s execution and delivery of a Community Facilities
District Assessment Collection Agreement, by and between the
District and the Treasurer of PTrial County, Arizona, in
accordance with Arizona Revised Statutes § 48-721, is hereby
authorized.
SECTION 6 RATIFICATION
All acts of the District Clerk, the District Engineer, the
Superintendent of Streets and any person acting for such
officials in furtherance of this resolution, whether such
actions were prior to or are subsequent to the adoption of this
resolution, are hereby ratified and confirmed.
SECTION 7 . SEVERABILITY; AMENDMENT; RATIFICATION
..............
If any section, paragraph, clause or provision of this
Resolution shall for any reason. be held to be invalid or
unenforceable, the invalidity or urienf orceability of such
section., parag-raph, clause or provision shall not affect any of
the remaining provisions of this Resolution.
SECTION 8 EFFECTIVE DATE
...............-
This Resolution shall be effective immediately.
RESOLUTION NO. 2023-0dot SVCFD NO. 1
PAGE 3 OF 4
PASSED AND kDOPTED BY THE BOARD OF DIRECTORS OF THE
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 1, THIS
DAY OF 2023 .
SIGNED AND ATTESTED TO THIS DAY OF 2023 .
WALTER "CHIP" WILSON
Chairinan., Board of Directors
ATTEST:
..
JENNIFER PENA
District Clerk
APPROVED AS TO FORM:
gz;39k-" 9-6-23
RICHARD JOEL STERN
District Counsel
CERTIFICATE
I hereby certify that the above and. foregoing
resolution was duly passed by the Board of Directors of the
Su.perstition Vistas Community Facilities District No. 1 at a
regular meeting he on September 19, 2023 , and that a quorum
was present thereat and that the vote thereon was ayes and
nays; did not vote or were absent .
District Clerk
RESOLUTION NO. 2023-008 SVCFD NO. 1
PAGE 4 OF 4
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO . 1
ASSESSMENT AREA NO . 2
SHEET INDEX
SHEET DESCRIPTION
1 COVER SHEET
2 KEY VICINITY MAP 3 PAR TAP g 3 LEGEND
NTS 4 PARCEL 19.4
FREEWAY THO AS
(AZ 202) MCDO ELL
X -------------------
CKE-LIP
BROWN RD DISTRICT ENGINEER CERTIFICATION
I HEREBY CERTIFY THAT THE PARCEL BOUNDARIES SHOWN AS DEPICTED ON
THESE PLANS WERE SUPPLIED BY HILGART WILSON, LLC. AND ARE CORRECT TO
' THE BEST OF MY KNOWLEDGE AND BELIEF.
RSI D F
AI ST
0 ROAD DISTRICT ENGINEER DATE
C-4
ir
- ---------
N -
C14
C- A--
m
D
U HERN V7-
D — i
< APPROVED BY RESOLUTION NO.2023-00—SV CFD NO. 1 AT A MEETING OF THE
<
Lil BOARD OF DIRECTORS OF THE SUPERSTITION VISTAS COMMUNITY FACILITIS DISTRICT
NO. 1 ON THE TH DAY OF 2023.
3BA*L[,NE
(D --------
V) TDISTRICT CLERK DATE
C
LLJ
C/') LLJ
< C)
m LLJ
00 LLJ LL1
T� m LLJ '031 SIGNED; THIS DAY 0 2023
L.Li
ELLIOT
co CD CD
m
o 0 0 0 =D
cn __j
m 0
0 WARNER
41 SUBMITTED:
Cn
SUPERINTENDENT OF STREETS DATE
o (AZ 202) SANTAN FRWY
C 0
0 U — i — RAY RD
E
rj) -----T
0) 00
U)
WILLIAMS FIELD
CN THIS
<
PROJECT
PECOS RD
Z
0
GERMANN RD
0
Cr_
n
QUEEN CREEK FM&us
6 3033 N. ul�250C, b AZ 85018
Td* 0 (1,
Z 22144w,2& F Tr244 8947
FT1 Cf) www.entdimoom
0 0 0 > F— F-T-1
F—
C/')
< : C/)
Cn Fri >
C > Cf) F—
(D 0 0
E
>
SUPERSTITION VISTAS
Q � � � T
COMMUNITY FACILITIES
DISTRICT NO. 1
APACHE JUNCTION, ARIZONA
V)
m
co
Contact Arizona 811 at least two full COVER SHEET
working days before you begin excavation
ASSESSMENT AREA NO.2
0
0
DRAWN BY: JB DESIGN BY: JB CHECK BY: TC SHEET TOTAL
NO: SHEETS
41
Uj Call 811 or click Arizona81 1.com DATE: 08/21/2OT37ENT PROD #: 745.028B 01 04
F-1-i I I I
LEGEND:
ASSESSMENT AREA EXTENTS
AA NO . 2 PARCEL LINE
LOT LINE
100 LOT NUMBER
A
...........
ASSESSMENT AREA (AA) NO.2-SITE DATA
PARCEL 19.3
LOT COUNT: 117
+- t
PARCEL 19.4
LOT COUNT: 162
PARCEL19.4
AD NO. 2
PARCEL 19.3 162 LOTS TOTAL LOT COUNT: 279
117 LOTS SHEET4
SHEET
--------------
;io
rn
rn
C14
0
C-4
C14 rn
< ;I0
CLI - - --------
-------------------------
(D
-C
V)
.......................................................
AVE
JOE
00 F0
Lr)
41
E
(0
co
0)
Cl)
C
KEY MAP
0
SCALE: 1 ' = 150'
C)
I--,
Z
0
F-
0
0
Cr_
n
EnteRus
C14
6 3=N. AZ 8=8
Z Teft 2214'42&9j'�=F=gr2*4-4,8947
www.entelfmoom
a
C
0
E
SUPERSTITION VISTAS
COMMUNITY FACILITIES
6
Z DISTRICT NO. 1
In
LL-
0 APACHE JUNCTION, ARIZONA
V)
m
co
Contact Arizona 811 at least two full KEY MAP
working days before you begin excavation
ASSESSMENT AREA NO. 2
0
0
DRAWN BY: DESIGN BY: JB CHECK BY: TC SHEET TOTAL
rem 1 NO: SHEETS
Uj Call 811 or click Arizona81 1.com DATE: 08/21/20T3 ENT PROD #: 745.02813 1 02 1 04
F-11 I I 7
LOT TABLE LOT TABLE LOT TABLE
LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO.
LOT 440 6223 01-02-1-19.3-440 LOT : 460 6030 01-02-1-19.3-460 LOT : 480 5828 01-02-1-19.3-480
LOT : 441 6183 01-02-1-19.3-441 LOT : 461 6030 01-02-1-19.3-461 LOT : 481 5828 01-02-1-19.3-481
LOT : 442 6207 01-02-1-19.3-442 LOT : 462 6030 01-02-1-19.3-462 LOT : 482 5828 01-02-1-19.3-482
\ � \ LOT : 443 6207 01-02-1-19.3-443 LOT : 463 5805 01-02-1-19.3-463 LOT : 483 5828 01-02-1-19.3-483
LOT : 444 6182 01-02-1-19.3-444 LOT : 464 5805 01-02-1-19.3-464 LOT : 484 5828 01-02-1-19.3-484
LOT : 445 6131 01-02-1-19.3-445 LOT : 465 5805 01-02-1-19.3-465 LOT : 485 5828 01-02-1-19.3-485
LOT : 446 5876 01-02-1-19.3-446 LOT : 466 5805 01-02-1-19.3-466 LOT : 486 6220 01-02-1-19.3-486
\\ LOT : 447 5861 01-02-1-19.3-447 LOT : 467 6072 01-02-1-19.3-467 LOT : 487 5842 01-02-1-19.3-487
LOT : 448 5808 01-02-1-19.3-448 LOT : 468 6059 01-02-1-19.3-468 LOT : 488 5828 01-02-1-19.3-488
LOT : 449 5808 01-02-1-19.3-449 LOT : 469 7332 01-02-1-19.3-469 LOT : 489 5828 01-02-1-19.3-489
\\ LOT : 450 6030 01-02-1-19.3-450 LOT : 470 9613 01-02-1-19.3-470 LOT : 490 5828 01-02-1-19.3-490
LOT : 451 6030 01-02-1-19.3-451 LOT : 471 8560 01-02-1-19.3-471 LOT : 491 5828 01-02-1-19.3-491
LOT : 452 6030 01-02-1-19.3-452 LOT : 472 5978 01-02-1-19.3-472 LOT : 492 5828 01-02-1-19.3-492
LOT : 453 6030 01-02-1-19.3-453 LOT : 473 5828 01-02-1-19.3-473 LOT : 493 5828 01-02-1-19.3-493
LOT : 454 5887 01-02-1-19.3-454 LOT : 474 5828 01-02-1-19.3-474 LOT : 494 5828 01-02-1-19.3-494
\ - - - LOT : 455 5805 01-02-1-19.3-455 LOT : 475 5828 01-02-1-19.3-475 LOT : 495 5828 01-02-1-19.3-495
545 546 LOT : 456 5805 01-02-1-19.3-456 LOT : 476 5828 01-02-1-19.3-476 LOT : 496 5828 01-02-1-19.3-496
/ 544 543 LOT : 457 5805 01-02-1-19.3-457 LOT : 477 5828 01-02-1-19.3-477 LOT : 497 5828 01-02-1-19.3-497
1
541
_ - 542 LOT : 458 6030 01-02-1-19.3-458 LOT : 478 5828 01-02-1-19.3-478 LOT : 498 5828 01-02-1-19.3-498
_ - 540 ,i �� _----- LOT : 459 6030 01-02-1-19.3-459 LOT : 479 5828 01-02-1-19.3-479 LOT : 499 5828 01-02-1-19.3-499
539
538 -"-" \ 547
t \ _ --�"
536 537 \\ LOT TABLE LOT TABLE LOT TABLE
� A t 535
534 -_ _ LOT NO. AREA (SQ.FT) ASSESSMENT NO, LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO.
/I Y 532
533
548 LOT : 500 5828 01-02-1-19.3-500 LOT : 520 5828 01-02-1-19.3-520 LOT : 540 5805 01-02-1-19.3-540
531 --- -_- _- I I
LOT : 501 5828 01-02-1-19.3-501 LOT : 521 5828 01-02-1-19.3-521 LOT : 541 5805 01-02-1-19.3-541
440 _-. LOT : 502 5828 01-02-1-19.3-502 LOT : 522 5828 01-02-1-19.3-522 LOT : 542 5805 01-02-1-19.3-542
_- "- 516 549 LOT : 503 5828 01-02-1-19.3-503 LOT : 523 5828 01-02-1-19.3-523 LOT : 543 5805 01-02-1-19.3-543
\ - - - 517
441 518 LOT : 504 5828 01-02-1-19.3-504 LOT : 524 5828 01-02-1-19.3-524 LOT : 544 5805 01-02-1-19.3-544
- - 519 520 LOT : 505 5828 01-02-1-19.3-505 LOT : 525 5828 01-02-1-19.3-525 LOT : 545 6030 01-02-1-19.3-545
t I I
521 550 LOT : 506 5828 01-02-1-19.3-506 LOT : 526 5828 01-02-1-19.3-526 LOT : 546 5922 01-02-1-19.3-546
_ --- --- 523 I I LOT : 507 5828 01-02-1-19.3-507 LOT : 527 5828 01-02-1-19.3-527 LOT : 547 5983 01-02-1-19.3-547
442 / 525 524 522 LOT : 508 1 5828 01-02-1-19.3-508 LOT : 528 1 5828 01-02-1-19.3-528 LOT : 548 5967 01-02-1-19.3-548
1 ' \ 527 526 I 551 LOT : 509 5828 01-02-1-19.3-509 LOT : 529 5828 01-02-1-19.3-529 LOT : 549 6023 01-02-1-19.3-549
\ \\ 528 ;I LOT : 510 5828 01-02-1-19.3-510 LOT : 530 5828 01-02-1-19.3-530 LOT : 550 6023 01-02-1-19.3-550
I I t 1 v i t 529 v I
443 530 LOT : 511 5828 01-02-1-19.3-511 LOT : 531 5805 01-02-1-19.3-531 LOT : 551 6023 01-02-1-19.3-551
515 I 552 LOT : 512 5828 01-02-1-19.3-512 LOT : 532 5805 01-02-1-19.3-532 LOT : 552 6023 01-02-1-19.3-552
514
t\ 1 t\ \I tt t \ 512
444 513 t\ � ___---- LOT : 513 5828 01-02-1-19.3-513 LOT : 533 5805 01-02-1-19.3-533 LOT : 553 6023 01-02-1-19.3-553
1 511 I �/ LOT : 514 5828 01-02-1-19.3-514 LOT : 534 5805 01-02-1-19.3-534 LOT : 554 6023 01-02-1-19.3-554
1 "T1 509 510 -\\ /' 553 LOT : 515 5828 01-02-1-19.3-515 LOT : 535 5805 01-02-1-19.3-535 LOT : 555 6023 01-02-1-19.3-555
508 -
507 LOT : 516 5828 01-02-1-19.3-516 LOT : 536 5805 01-02-1-19.3-536 LOT : 556 6085 01-02-1-19.3-556
/ 445 I\ 506 - - LOT : 517 5828 01
503 -02-1-19.3-517 LOT : 537 5805 01-02-1-19.3-537
_ -
1 504 505 554 LOT : 518 5828 01-02-1-19.3-518 LOT : 538 5805 01-02-1-19.3-538
--- - � I
1 \ 502 __-- ��� LOT : 519 5828 01-02-1-19.3-519 LOT : 539 5805 01-02-1-19.3-539
446 A I I 501 ------ -_---- V �
555
\ I 447 500 1 �I
499 556
498 \ ----
I 1 - --- \ I I
- -- - ---" 496 497 - ------ - -- -
/ 448 - '- 495 �� -- --------.
/ -- 494
493 - -- _
492 _ -
/ 491 /
449 489 i 490 _
1 488
04
487 ------ 1
1 450 �\ 474 473 472 1 I
I I t
00 I 475 \
N 476 J '
1
m 1 j I I � i 477 478
480
1
Q tl I\ I 451 A I 479 - --"�1 "-- '/ I � I
--- '
w 461 471 48z LEGEND:
I I v __--- - / � I
p 1 483
i t
1 452 484 ASSESSED IMPROVEMENTS
1 485 - "-- - - - ---- (PARCEL STREETS)
1 1 486 --'"- 1
P S
470
453
0- -- -- PARCEL LINE
468 469 �'
ROW LINE
a_j 1 i i _ - - _- "" - 465 466 467 LOT LINE 454 - --- 461 464
N `- _.---- 463 ----- EASEMENT LINE
--_
_ -------------- - ------------------ --- ----------------
o I I �- - - - - - �� I 4sz
Sri 1 -v- � --' __--""
CENTER LINE
460 i
i 1 --- ----- -- 459 - - LOT NUMBER
- - - 458 __ I 100
456 457 - -- ' __--- ASSESSMENT NO.= CFD # -ASSESSMENT AREA -
�, 1 455 -- ___ - - __---- -- 01-01 -1 -19. 1 -100 DEVELOPMENT UNIT # -PARCEL # -LOT #
--
cco
I
C
1 As AVENU
Z ---__
o �__--
v
o _
0
m _ --
N
3033 N.44th Street Salty 250, fhoenb4 AZ S501S
Z .. Td* 6=44,2255866 // Fay¢ 602.244,8947
www.entdlus.00m
C
E
SUPERSTITION VISTAS
COMMUNITY FACILITIES
z DISTRICT NO. 1
APACHE JUNCTION, ARIZONA
V)
m
o Contact Arizona 811 at least two full PARCEL NO. 19.3
U0 working days before you begin excavation
ASSESSMENT AREA NO. 2
80 40 0 80 160re DRAWN BY: JB DESIGN BY: JB CHECK BY: TC
SHEET TOTAL
NO: SHEETS
SCALE: 1 "- 80 Call 811 or click Arizona811.com DATE: 08/21/2023 ENT PROD #: 745.028B 03 04
LOT TABLE LOT TABLE LOT TABLE LOT TABLE
LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO.
LOT : 557 4,950 01-02-1-19.4-557 LOT : 577 5,028 01-02-1-19.4-577 LOT : 597 5,927 01-02-1-19.4-597 LOT : 617 4,964 01-02-1-19.4-617
LOT : 558 4,866 01-02-1-19.4-558 LOT : 578 4,760 01-02-1-19.4-578 LOT : 598 6,108 01-02-1-19.4-598 LOT : 618 4,964 01-02-1-19.4-618
LOT : 559 4,760 01-02-1-19.4-559 LOT : 579 4,760 01-02-1-19.4-579 LOT : 599 5,604 01-02-1-19.4-599 LOT: 619 4,964 01-02-1-19.4-619
LOT : 560 4,760 01-02-1-19.4-560 LOT : 580 4,760 01-02-1-19.4-580 LOT : 600 5,600 01-02-1-19.4-600 LOT : 620 4,964 01-02-1-19.4-620
LOT : 561 4,760 01-02-1-19.4-561 LOT : 581 4,760 01-02-1-19.4-581 LOT : 601 5,600 01-02-1-19.4-601 LOT : 621 4,964 01-02-1-19.4-621
LOT : 562 4,760 01-02-1-19.4-562 LOT : 582 4,760 01-02-1-19.4-582 LOT : 602 5,568 01-02-1-19.4-602 LOT : 622 4,964 01-02-1-19.4-622
LOT : 563 4,760 01-02-1-19.4-563 LOT : 583 4,760 01-02-1-19.4-583 LOT : 603 5,279 01-02-1-19.4-603 LOT : 623 4,964 01-02-1-19.4-623
LOT : 564 4,760 01-02-1-19.4-564 LOT : 584 4,760 01-02-1-19.4-584 LOT : 604 6,148 01-02-1-19.4-604 LOT : 624 4,964 01-02-1-19.4-624
LOT : 565 4,760 01-02-1-19.4-565 LOT : 585 4,760 01-02-1-19.4-585 LOT : 605 4,760 01-02-1-19.4-605 LOT : 625 4,760 01-02-1-19.4-625
LOT : 566 4,760 01-02-1-19.4-566 LOT : 586 4,758 01-02-1-19.4-586 LOT : 606 4,760 01-02-1-19.4-606 LOT : 626 4,760 01-02-1-19.4-626
LOT : 567 4,760 01-02-1-19.4-567 LOT : 587 4,760 01-02-1-19.4-587 LOT : 607 4,760 01-02-1-19.4-607 LOT : 627 4,760 01-02-1-19.4-627
LOT : 568 4,760 01-02-1-19.4-568 LOT : 588 4,760 01-02-1-19.4-588 LOT : 608 4,759 01-02-1-19.4-608 LOT : 628 4,760 01-02-1-19.4-628
LOT : 569 4,760 01-02-1-19.4-569 LOT : 589 4,760 01-02-1-19.4-589 LOT : 609 4,760 01-02-1-19.4-609 LOT : 629 4,760 01-02-1-19.4-629
I I
I 1 I !
LOT : 570 4,760 01-02-1-19.4-570 LOT : 590 4,760 01-02-1-19.4-590 LOT : 610 4,760 01-02-1-19.4-610 LOT : 630 4,760 01-02-1-19.4-630
I
----------------- LOT : 571 4,760 01-02-1-19.4-571 LOT : 591 4,760 01-02-1-19.4-591 LOT : 611 4,760 01-02-1-19.4-611 LOT : 631 4,760 01-02-1-19.4-631
I 695 696 697 698 699 700 701 702 703 704 705 11 1 717 7181 706 707 708 709 7J0 7>1 712 7J3 7J4 715 716 LOT : 572 4,760 01-02-1-19.4-572 LOT : 592 4,760 01-02-1-19.4-592 LOT : 612 4,759 01-02-1-19.4-612 LOT : 632 4,760 01-02-1-19.4-632
I 1
LOT : 573 4,760 01-02-1-19.4-573 LOT : 593 4,760 01-02-1-19.4-593 LOT : 613 4,989 01-02-1-19.4-613 LOT : 633 4,760 01-02-1-19.4-633
LOT : 574 4,816 01-02-1-19.4-574 LOT : 594 4,809 01-02-1-19.4-594 LOT : 614 4,865 01-02-1-19.4-614 LOT : 634 4,760 01-02-1-19.4-634
' ` - LOT : 575 4,908 01-02-1-19.4-575 LOT : 595 5,590 01-02-1-19.4-595 LOT : 615 4,964 01-02-1-19.4-615 LOT : 635 4,760 01-02-1-19.4-635
LOT : 576 4,895 01-02-1-19.4-576 LOT : 596 5,758 01-02-1-19.4-596 LOT : 616 4,964 01-02-1-19.4-616 LOT : 636 4,760 01-02-1-19.4-636
-LOT TABLE LOT TABLE LOT TABLE LOT TABLE ....
557
I
- -- j LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO. LOT NO. AREA (SQ.FT) ASSESSMENT NO.
558 LOT : 637 4,760 01-02-1-19.4-637 LOT : 657 4,760 01-02-1-19.4-657 LOT : 677 4,760 01-02-1-19.4-677 LOT : 697 4,760 01-02-1-19.4-697
I
LOT : 638 4,760 01-02-1-19.4-638 LOT : 658 4,760 01-02-1-19.4-658 LOT : 678 4,760 01-02-1-19.4-678 LOT : 698 4,760 01-02-1-19.4-698
694 693 692 691 690 689 688 687 686 685 684 683 682 681 680 679 678 677 676 675 674 673 1 1
LOT : 639 4,760 01-02-1-19.4-639 LOT : 659 4,760 01-02-1-19.4-659 LOT : 679 4,760 01-02-1-19.4-679 LOT : 699 4,760 01-02-1-19.4-699
559
! 11 i i i I1 i 11 LOT : 640 4,760 01-02-1-19.4-640 LOT : 660 4,760 01-02-1-19.4-660 LOT : 680 4,760 01-02-1-19.4-680 LOT : 700 4,760 01-02-1-19.4-700
I I
LOT : 641 4,760 01-02-1-19.4-641 LOT : 661 4,760 01-02-1-19.4-661 LOT : 681 4,760 01-02-1-19.4-681 LOT : 701 4,760 01-02-1-19.4-701
560
LOT : 642 4,760 01-02-1-19.4-642 LOT : 662 4,760 01-02-1-19.4-662 LOT : 682 4,760 01-02-1-19.4-682 LOT : 702 4,760 01-02-1-19.4-702
I 1 I I ! 1I
LOT : 643 4,760 01-02-1-19.4-643 LOT : 663 4,760 01-02-1-19.4-663 LOT : 683 4,760 01-02-1-19.4-683 LOT : 703 4,760 01-02-1-19.4-703
! 1 I I I I 1 LOT : 644 4,760 01-02-1-19.4-644 LOT : 664 4,760 01-02-1-19.4-664 LOT : 684 4,760 01-02-1-19.4-684 LOT : 704 4,760 01-02-1-19.4-704
561
LOT : 645 4,760 01-02-1-19.4-645 LOT : 665 4,760 01-02-1-19.4-665 LOT : 685 4,760 01-02-1-19.4-685 LOT : 705 4,760 01-02-1-19.4-705
I ! I I I 1 1 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 1 LOT : 646 4,760 01-02-1-19.4-646 LOT : 666 4,760 01-02-1-19.4-666 LOT : 686 4,760 01-02-1-19.4-686 LOT : 706 4,760 01-02-1-19.4-706
562 LOT : 647 4,760 01-02-1-19.4-647 LOT : 667 4,760 01-02-1-19.4-667 LOT : 687 4,760 01-02-1-19.4-687 LOT : 707 4,760 01-02-1-19.4-707
1 LOT : 648 4,760 01-02-1-19.4-648 LOT : 668 4,760 01-02-1-19.4-668 LOT : 688 4,760 01-02-1-19.4-688 LOT : 708 4,760 01-02-1-19.4-708
-- -__._._._.--------- ___--- _------------._..-._-- ----..__.---------.-_..-_..-.-- ------_--- 1 ---___-__.._1I ----- --------.---- ---------------- -------- --------- ---- ------ - -- LOT : 649 4,760 01-02-1-19.4-649 LOT : 669 4,760 01-02-1-19.4-669 LOT : 689 4,760 01-02-1-19.4-689 LOT : 709 4,760 01-02-1-19.4-709
563 `
LOT : 650 4,760 01-02-1-19.4-650 LOT : 670 4,760 01-02-1-19.4-670 LOT : 690 4,760 01-02-1-19.4-690 LOT : 710 4,760 01-02-1-19.4-710
I
- - LOT : 651 4,758 01-02-1-19.4-651 LOT : 671 4,760 01-02-1-19.4-671 LOT : 691 4,760 01-02-1-19.4-691 LOT : 711 4,760 01-02-1-19.4-711
! I i
i LOT : 652 4,760 01-02-1-19.4-652 LOT : 672 4,760 01-02-1-19.4-672 LOT : 692 4,760 01-02-1-19.4-692 LOT : 712 4,760 01-02-1-19.4-712
ice- ice- i� -
�� LOT : 653 4,760 01-02-1-19.4-653 LOT : 673 4,760 01-02-1-19.4-673 LOT : 693 4,760 01-02-1-19.4-693 LOT : 713 4,760 01-02-1-19.4-713
��- --t I LOT : 654 4,760 01-02-1-19.4-654 LOT : 674 4,760 01-02-1-19.4-674 LOT : 694 4,760 01-02-1-19.4-694 LOT : 714 4,760 01-02-1-19.4-714
I 624
!! 565 t -�---- 586 !! � 1I j I I
LOT : 655 4,760 01-02-1-19.4-655 LOT : 675 4,760 01-02-1-19.4-675 LOT : 695 4,798 01-02-1-19.4-695 LOT : 715 4,760 01-02-1-19.4-715
585 638 639 640 641 642 643 644 645 646 647 648 649 650
1 LOT : 656 4,760 01-02-1-19.4-656 LOT : 676 4,760 01-02-1-19.4-676 LOT : 696 4,905 01-02-1-19.4-696 LOT: 716 4,760 01-02-1-19.4-716
566 587 �! 623
I
584 LOT TABLE
I l! l I 11 I
LOT N0. AREA (SQ.FT) ASSESSMENT NO.
! 567 I I 588 I I !I ! I 1 1 622 1 LOT : 717 4,976 01-02-1-19.4-717
583 LOT : 718 4,836 01-02-1-19.4-718
I 1 !! ! I 11 1
568 589 621
! I I I I
! 582 637 636 635 634 633 632 631 630 629 628 627 626 625 1 1
! ! I t 1 I I I
1
569 590 620
581
04 �� 1
O
n7 `570 j 591 619
N 580 --
- --
Q j 571 - -- i� --- --- ------- - --�� ��- -__ �� I 618
--- ----- ---- - ------. ._
-----_---- )L-
- i 598 599 608 609 j
_ LEGEND:
617
3 ---
ASSESSED IMPROVEMENTS
___--------- 1
592 597 600 607 610r/I � , I 1 s1s (PARCEL STREETS)
579
I I I I 1
p� !! /I 593 11
11 596 601 I 606 611 PARCEL LINE
s7z 578 ! 615 ROW LINE
LOT LINE
m 594 595 602 605 612
00 573 I 1 l J s>4 EASEMENT LINE
O 577 __ _ -
q _ -- - - - --- ---- ----- ----- %' --------------- -- CENTER LINE
I � !
574 / �� 603 i 100 LOT NUMBER
� ! ----- � 576 Il / I �\ V AV / 613
_._--- -- ASSESSMENT NO.= CED # -ASSESSMENT AREA #-
---- - _- ! ,�--------�_------- 0 -0 - -19. 1 -100 DEVELOPMENT UNIT # -PARCEL # -LOT #
�� 1 ! ! I 604 �� 1 I �11 --
575 J
C
E
-- j
L \
--- _..__.._. -__ -.--
C ___-.-----"--.-------.
_-----.._
01
____-- RAY AVENU ---
0 -_
z
O_
- /
CK -- -"
n
Ente us
1 M
04
6 4th_►" 3033 N.4 Stwt Sulte 250, Ihoenbt AZ S501 S
Tel: 602.244,258S / F= 802.244,8947
" www.entellus.00m
Q
C
c
0)
E
SUPERSTITION VISTAS
COMMUNITY FACILITIES
Z DISTRICT NO. 1
APACHE JUNCTION, ARIZONA
V)
m
o Contact Arizona 811 at least two full PARCEL NO. 19.4
U0 working days before you begin excavation
ASSESSMENT AREA NO.2
80 40 0 80 160re DRAWN BY: JB DESIGN BY: JB CHECK BY: TC
SHEET TOTAL
NO: SHEETS
SCALE: 1 "= 80 Call 811 or click Arizona811.com DATE: 08/21/2023 ENT PROD #: 745.028B 04 04
SUPERSTITION VISTAS CFD NO 1 .
ROLL CALL
DATE: TIME:
YES EXCUSED NO
CHAIRPERSON WILSON
VICE CHAIRPERSON SCHROEDER V
BOARDMEMBER CROSS
BOARDMEMBER HECK ✓
BOARDMEMBERJOHNSON
BOARDMEMBER NESSER
BOARDMEMBER SOLLER
District Manager Bryant Powell
Assistant District Manager Matt Busby
District Clerk Jennifer Pena ✓
Deputy District Clerk Evie McKinney
District Attorney Joel Stern
District Director Mike Loggins
District Treasurer Leslie DeReche
District Administrative Assistant Rita Vineyard
District Billing Supervisor Stacey Ramirez
District Controller Connie Chow
Utility Director Ted Wolff
District Project Manager Charles Briggs
Public Information Officer Al Bravo
Finance Kimberly Heldt
S:\Templates&Forms\Roll Call-SVCFD NO 2-Attendance.doc
SUPERSTION VISTAS CFD NO 1.
VOTE - ROLL CALL
NOTES: I
ITEM # MEETING OF ZGZz3
MOTION BY: S('(A0-0ededz- SECONDED BY: �P�y
YES NO ABSTAINED
BOARD MEMBERS:
VICE CHAIRPERSON
SCHROEDER ✓
BOARDMEMBER NESSER ✓
BOARDMEMBER HECK
BOARDMEMBER SOLLER
BOARDMEMBER JOHNSON /
BOARDMEMBER CROSS ✓
CHAIRPERSON WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
I
TOTAL I42
Vote sheet 6
s:\templates&forms\vote call -svcfd no 1.docx
SUPERSTION VISTAS CFD NO 1.
VOTE — ROLL CALL
NOTES: --
�• l r
is JgLo—' CL --�q to�S G (C h yle ke,-4- -b
1.rScv\ _02e(A CC e- CT c �1 Rn nn Pt
nog a P. N .
ITEM # oZ MEETING OF q
MOTION BY: SECONDED BY:
YES NO ABSTAINED
BOARD MEMBERS:
BOARDMEMBER HECK
BOARDIVIEMBER CROSS
VICE CHAIRPERSON
SCHROEDER
BOARDMEMBER NESSER
BOARDMEMBER JOHNSON
BOARDMEMBER SOLLER
CHAIRPERSON WILSON
TOTAL
1
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 4
s:\templates&forms\vote call-svcfd no 1.docx
SUPERSTION VISTAS CFD NO 1.
VOTE - ROLL CALL
NOpTLES1:/,
3
:�-= q Otr ss c ((Xr
ITEM # MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
BOARD MEMBERS:
BOARDMEMBER CROSS ✓ ✓
BOARDMEMBER HECK V
BOARDMEMBER JOHNSON
VICE CHAIRPERSON
SCHROEDER V
BOARDMEMBER NESSER v ✓
BOARDMEMBER SOLLER ✓ �/
CHAIRPERSON WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL �p
Vote sheet 5
s:\templates&forms\vote call-svcfd no 1.docx
► � Cityof A„ che Junction Arizona City Council Chambers
N -a � 300 E Superstition Blvd _
f'E Apache.Junction;AZ
ty � 851:19
S ecial Meetin A enda
p g g -. apachejunctionaz.gov
fa2ics Ph:.(480)982-8002
Superstition Vistas Community....
Facilities Dis#rict No. 1
Tuesday,September 19,2023 5:30 PM City Council Chambers:
A. - Call to Order.
s.
B. Roll:Call
C. Agenda Items
1. 23-464 Approval.of minutes of special meeting'of June 6,'2023. .. . .
.
Sponsors: Leslie DeRe.che.
Attachments: Special Meeting Minutes-060623
2. 23-465 Presentation, discussion, andpublic hearing on the feasibility report
for a.proposed project to be financed by the.issuance of the
Superstition Vistas Community Facilities.District.
No. 1 Assessment -Area No:2 Special Assessment Bonds:
sponsors: Leslie DeReche _.
Attachments: FEASI REPORT SVCFD 1 AA 2 SAB Srs 23 vF
3. 23-466 Presentation;discussion and consideration of Resolution No...
2023-007 SVCFD No.- 1,-a,resolution of the district board of
Superstition Vistas,Community Facilities District.No. 1, relating to
approval:of:the feasibility report for the acquisition and financing of
certain improvements benefiting the district; approving the prior giving
of notice of hearing relating to the feasibility report; declaring the
district board's intention:to acquire the improvements described in the
feasibility report;forming an assessment district; determining that
special assessment bonds may be:issued to finance.the costs and
.expenses of the improvements; declaring the improvements to be of.:
more than local or ord.i.nary, public benefit and_that the costs of the. . .
:
improvements will be assessed upon Assessment Area:No..:2; and
orderingthe-public infrastructure-projectsperformed.
p . ... P J . .:.
Sponsors: Leslie.DeReche.
Attachments: Resolution No 2023-007.SVCFD#1
. . . FEASI REPORT SVCFD 1 AA 2 SAB Srs 23.vF-sighed
689698389 v 1 SVCFD No. 1 AA 2 Waiver and Development E _
690105089 v 1 AFFIDAVIT OF PUBLICATION-Superstition Vi:
City of Apache Junctfon,Arizona Page 1- . .. 'Printed on'911312023
Superstitiori Vis6s'C6mmunity. Special Meeting Agenda_: . . September19,2023 . .
Facilities District No.1
4. 237467 Presentation, discus$ion:and consideration of Resolution No.
2023-00.8 SVCFD.No. 1, a resolution of.the district board of
Superstition Vistas Community Facilities District,No. 1 approving the
'levying of an assessment and assessment diagram for Assessment
Area No.,2 within the district:
v.
Sponsors: Leslie DeReche
Attachments: Resolution No.2023-008 SVCFD.#.1
....SV CFD N6.1 AA No.2-Assessment Diagram.Plan.Set--2023-i
D. District:Manager Report:
E. District Director Report
F. District.Treasurer Report
G.. . . .. Adjournment
Copies of this agenda and additional information on an. of the items listed above may be obtained from
p` 9 Y Y ...
the office of the city-clerk/district clerk, 300 E:Superstition Blvd,Apache Junction,AZ 85119;Monday
through Thursday,.7.60a to 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)98370095. Members of this board will attend either in_person or by telephone,:video or
internee:conferencing.
_.
City of Apache:Junction,Arizona Page 2. Printed on 9/13/2023
Ctfg; nc ....
City of Apache Junction, Arizona Supers City
ei�d
ity C ham
00 E tition
ache p Junction,AZ "
a Apache
85119
n Agenda'". :.:
Special Meeti apachejunctionaz.gov-
�'rt� � Ph:(480)982-8002 .
Superstition Vistas.Comm unity..,.....
.. : : Facilities District No. 1 -
Tuesday,September 19;2023 : 5:30 PM City Council Chambers.
A. Call to Order
B. Roll Call:
C. . . Agenda Items
1. 23-464: Approval.of minutes of special meeting of June 6,2023. . ... .
Sponsors: Leslie_De ache._
Attachments: Special Meeting Minutes-060623
2. 23465. Presentation,,discussion, arid:public hearing on the feasibility report
for a proposed project to:be financed by the.issuance of the
Superstition Vistas Community Facilities District No. 1 Assessment:,: .
Area No.:2 Special Assessment-Bonds.
Snonsors: Leslie DeReche
Attachments: FEAST REPORT SVCFD 1 AA2 SAB:Srs 23 vF
3. 23466 Presentation, discussion and consideration of Resolution No.:
2023-007 SVCFD No. 1,;a resolution of the district board of
:'Superstition Vistas.Community Facilities District No. 1, relating to:
approval of the feasibility report for:the acquisition and financing of
certain improvements benefiting:the!district; approving the prior giving
of notice of hearing relating;to the feasibility re port; declaring the
" district,board's intention-to:acquire the improvements described in the : .
feasibility report;forming an assessment district; determining that
special assessment bonds may be.issued to finance the:costs and
expenses of the improvements; declaring the improvements to be.of :
more.than local or ordinary.public benefit and that the costs of the.
improvements:will be assessed.upon Assessment Area-No. 2; and
ordering the public infrastructure.projects performed.: .
-Sponsors: Leslie:DeReche:
Atfachments. ::Resolution No 202MOTSVCFD#1
FEASI REPORT SVCFD 1.AA 2 SAB Srs 23 vF-signed
... .
689698389 v 1 SVCFD No. 1 AA 2 Waiver and Development f
690105089 v 1 AFFIDAVIT OF PUBLICATIOWSuoerstition Vi:
q.
CitybfApache Junction;Arizona Page 1: Printed on 9/1372023
Superstition Vistas Community Special Meeting Agenda September 19,2023:::
Facilities District No.1:.
q.
_.
4. 23-467____-,_ Presentation, discussion:and consideration of Resolution No.
'2023-008 SVCFD No. 1, a resolution ofthe district board of
Superstition Vistas.Community Facilities District,No. 1 approving.the.......
levying of an assessment.and assessment diagram for Assessment :. .
........ . Area No. 2 within.the district.- ..
Sponsors::: Leslie DeReche
Attachments: Resolution No..2023-008 SVCFD#1:.
. ..... _.. ..SV .
CFD N6.1 AA No.2-Assessment Dia-gram Plan.Set--2023-i
D. District Manager Report;
..
E. District Director Report
F. District Treasurer Report._;
G. Adjournment
Copies of this agenda and:additional information on any:of the items listed above maybe obtained from
the office of the city clerk/district clerk,.300 E.Su erstition Blvd,A ache Junction,AZ 85119,Monday
through ursday, 7.00a to 6:O0p, 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..Members of this board will attend either in person.or by telephone; video or
iriternet coriferencing.
sw
City of Apache Junction;Arizona -Page 2: Printed on 91132023
J
09/,19%2023 MOTION'S:
ITEM NO. 1 - APPROVAL OF MINUTES
I MOVE THATTHE MINUTES OF THE JUNE 6, 2023, SPECIAL MEETING
(BE APPROVED) OR (BE DENIED).
ITEM NO. f
I MOVE THAT RESOLUTION NO. 2023-007 SVCFD NO.1
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUPERSTITION
VISTAS COMMUNITY FACILITIES DISTRICT NO. 1 APPROVING THE
FEASIBILITY REPORT RELATING TO CERTAIN IMPROVEMENTS
BENEFITTING THE DISTRICT; APPROVING THE PRIOR NOTICE OF
HEARING RELATING TO THE FEASIBILITY REPORT; DECLARING ITS
INTENTION TO ACQUIRE CERTAIN IMPROVEMENTS DESCRIBED IN THE
FEASIBILITY REPORT; FORMING AN ASSESSMENT AREA; DETERMINING
THAT SPECIAL ASSESSMENT BONDS MAY BE ISSUED; DECLARING THE
IMPROVEMENTS TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC
BENEFIT AND THAT THE COSTS OF SAID IMPROVEMENTS WILL BE
ASSESSED UPON THE ASSESSMENT AREA; AND ORDERING THE PUBLIC
INFRASTRUCTURE PROJECTS PERFORMED.
(BE APPROVED) OR (BE DENIED).
ITEM NO. 4
I MOVE THAT RESOLUTION NO. 2023-008 SVCFD NO. 1 A
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 1
APPROVING THE LEVYING OF AN ASSESSMENT AND
ASSESSMENT DIAGRAM FOR ASSESSMENT AREA NO. 2 WITHIN
THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO.
1. (BE APPROVED) OR (BE DENIED).
i
p�ACHF✓
CITY OF APACHE JUNCTION .
:> z SUPERSTITION.VISTAS
COMMUNITY:FACILITIES DISTRICT NO-. 1
'4RIZ�NP
Tuesday, September:19, 2023
w.
A. CALL TO ORDER
would like to calf the Superstition Vistas Community Facilities District No. 1 ! -
!Meeting of'September 19, 2023, to:order. _ -
RoII CalL
C. AGENDAsw
1; .Consideration of approval of the.minutes of the special meeting of June ( ;L?20231
Do I have. a motion?j' wait for the motion:and the 2nd.
Roll Call
2: )Presentation; discussion, and PUBLIC HEAR--ING..regarding the.feasibility
report for a proposed .project to be financedby the issuance of the Superstition'
.Vistas Community. Facilities. District No. 1 Assessment Area:No. 2 Special)
,.- - -
Assessm:ent Bonds.; Call on Zach:Sakas CFD Coun .el:
Any discussion among theboard?.boardcan discuss.
I.will now open the PUBLIC-HEARING. Would anyone like to speak on these
items? .public can speak for 5 minutes .
hwill now close the public hearing. Themis:no:motion on this item.
3. Discussion-and: consideration of Resolution;.No 2023-007 :SVCFD,
No. 1 , relating_to approval of the feasibility_report:'
An: discussion among the board?i Board can discuss.
Do f:have a motion? Wait for the motion and second.
Roll Call
4. Presentation�discussion;.and consideration of Resolution No. 2023=008 SVCFD
resolution approving_-.the levying:.of an assessment: and assessment
— -- =— - -
diagram for:.Assessment Area No. 2 within-the district : -
Call on Zac.h .: ,
Any discussion among the board? Board can discuss..
Do I have:a motion? Wait for the-motion and second.
RoII Call
E.:DISTRICT-MANAGER REPORT-'none;
F. 'DISTRICT DIRECTOR REPORT-,none
-
-,,
G. DISTRICT TREASURER REPORT none
sp
N. ADJOURNMENT . -
,� I. believe..our. next:meeting w ill be October.17,_20231 . .
Meting Adjourned