Loading...
HomeMy WebLinkAbout2025 08.05 City Council Regular Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location: +� City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,August 5,2025 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 25-254 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 25-379 Consideration of approval of minutes of the regular meeting of July 15, 2025. Sponsors: Evie McKinney Attachments: CCMIN 2025 07 15 MINUTES DRAFT 3. 25-351 Consideration of approval of the procurement of city vehicles and equipment for FY26 making the purchase through Arizona State Cooperative Contract#CTR059323 with San Tan Ford, Sourcewell Contract 011723 with Crafco, Sourcewell Contract 080521-CFC with RDO Equipment and State of Arizona Cooperative Contract #CTR049799 for lighting and equipment for a total not to exceed $1,716,000.00. Sponsors: Shane Kiesow Attachments: Proposed Purchase of General Funds FY25-26 Proposed Purchase of HURF FY25-26 Presentation FY 25-26 Vehicle Purchases City of Apache Junction,Arizona Page 1 Printed on 713012025 City Council Meeting Agenda August 5,2025 4. 25-374 Consideration of approval of First Amendment to Telecommunications Services License Agreement between MCI Metro Access Transmission Services Corp. and City of Apache Junction Agreement. Sponsors: Matt Busby Attachments: MCI Metro Memo First Amendment MCI Metro MCI Metro Access Transmission Services License Agreement 7 5. 25-378 Consideration of approval, retroactive to July 1, 2025, of an amended agreement for bulk fuel between the City of Apache Junction and Senergy Petroleum, LLC, for the term of July 1, 2025 through June 30, 2026, in an amount not to exceed $840,000.00, utilizing the State Cooperative Contract No. CTR063147. Sponsors: Ted Wolff Attachments: Staff Memo 08.05.2025 Bulk Fuel FY26 Bulk Fuel Amended Agreement 6. 25-383 Consideration of Resolution No. 25-09, a Federally Patented Easement(FPE) Extinguishment of Stagecoach Road (alignment) from Scenic Street to Tamarisk Street(alignment)for purpose of future development and landscaping that would enhance both parcels of which applicant owns both. Sponsors. Raquel Schatz Attachments: Res 25-09 Council Memo 20250804.pdf Res 25-09 Resolution.pdf E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 7. 25-385 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. City of Apache Junction,Arizona Page 2 Printed on 713012025 City Council Meeting Agenda August 5,2025 8. 25-386 City Manager's Report Sponsors. Bryant Powell 9. 25-333 Presentation and discussion with Republic Services regarding operational updates. Sponsors: Bryant Powell 10. 25-387 Announcement of Current Events Sponsors: Eli Richardson H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 11. 25-384 Presentation, discussion, public hearing and consideration of Resolution No. 25-23 of Conditional Use Permit Case P-25-28-CUP, a request by Dane Astle of Edifice Architecture, to permit an event center and venue on Parcel 100-25-043E, zoned "B-1" General Commercial, at the southeast corner of Lost Dutchman Boulevard and Apache Trail. Sponsors: Nicholas Leftwich Attachments: P-25-28-CUP Staff Memo.pdf Resolution No.25-23.pdf Presentation P-25-28-CUP 8-5-25 PZ Presentation (002) P-25-28-CUP Staff Report and Attachments.pdf I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 3 Printed on 713012025 City Council Meeting Agenda August 5,2025 12. 25-388 Presentation and discussion of first amendments to the agreements between Entellus and the City of Apache Junction, not to exceed $200,000.00 per year for the Master Planned Communities of Radiance (DU1)and Blossom Rock (DU2)for engineering plan review. The term of the agreements will be from August 6, 2025, through June 30, 2028. Sponsors: Michael Morris Attachments: Staff Memo-Entellus Amendment.pdf 1st Amendment-DU1_Entellus signed.pdf 1st Amendment-DU2_Entellus signed.pdf Entellus Contract Amendment Presentation K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 713012025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 1. QizoN* File ID: 25-254 Sponsor: Evie McKinney Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 713012025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.2. QizoN* File ID: 25-379 Sponsor: Evie McKinney Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of July 15, 2025. City of Apache Junction,Arizona Page 1 Printed on 713012025 City of Apache Junction, Arizona Meeting location: Oi City Council Chambers C) z at City Hall 's Meeting Minutes 300 E.Superstition Blvd �4f2 N* Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,July 15,2025 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Schroeder gave the invocation and Councilmember Heck led the meeting attendees in the Pledge of Allegiance C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Evie McKinney, City Clerk Joel Stern, City Attorney Ryan Kaup, Economic Development Director Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director Nicholas Leftwich, Planner Anna McCray, Human Resources Director Joseph Penze, Commander Cindy Ewer, Commander Angelie Hawley, Finance Director For the record Councilmember Soller attended via phone. D. CONSENT AGENDA Councilmember Johnson moved,seconded by Councilmember Heck that the consent agenda be accepted as presented. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes July 15,2025 No: 0 1. 25-253 Consideration of acceptance of agenda. 2. 25-327 Consideration of approval of minutes of the regular meeting of July 1, 2025. 3. 25-326 Consideration of approval of Map of Dedication for Blossom Rock Trail Phase 2 (SV-22-36-BI). 4. 25-334 Consideration of approval of award of contract to Public Sector Personnel Consultants, Inc., in an amount not to exceed $67,000.00, for a Classification and Compensation Study under the City of Apache Junction RFP #25-001. 5. 25-343 Consideration of approval of agreements for Job Order Contracting services between the City of Apache Junction and various trade service contractors for projects ranging from $2,500.00 to $500,000.00 each, not to exceed $1,000,000.00 each year. 6. 25-344 Consideration of approval of agreements for Job Order Contracting services between the City of Apache Junction and various general construction contractors for projects ranging from $500,000.00 to $5,000,000.00. 7. 25-337 Consideration of approval of First Amendment to City of Apache Junction Agreement with Primary Construction Inc. for Prospector Park Drainage Improvements, extending the contract term to October 31st, 2025. 8. 25-342 Consideration of approval of Resolution No. 25-21 authorizing acceptance of a DUI abatement grant from the Governor's Office of Highway Safety. 9. 25-350 Consideration of approval of an agreement with the Greater Phoenix Economic Council (GPEC), retroactive to July 1, 2025, for economic development services for the term of one year (FY2025-26) in the amount of$20,392.00, and the appointment of Councilmember Bambi Johnson as the City of Apache Junction representative to the GPEC Board of Directors. 10. 25-331 Consideration of approval of retroactive ratification of contract to M.R. Tanner Construction for project HFS24-21 for the drainage improvement of Palm Wash located south of 16th Avenue between Ironwood Drive and Delaware Drive in the amount of$407,928.00. 11. 25-365 Consideration of approval of agreements, retroactive to July 1, 2025, for on-call engineering services between the City of Apache Junction and various consultants through June 30, 2026, in an amount not to exceed $300,000.00. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes July 15,2025 F. REGIONAL INTERGOVERNMENTAL UPDATES 12. 25-328 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson shared a video from the Apache Junction 4th of July celebration that honored fallen Police Officer Gabriel Facio. The beginning of the fireworks show was dedicated to him, and everyone in attendance participated in a moment of silence. Mayor Wilson attended the Cadet Graduation at Mesa Police Academy. Apache Junction Police Department's new officer Joshua Shipp completed the program and was honored at the ceremony. Mayor Wilson shared a photo from the graduation and welcomed him to the City. G. CITY MANAGER'S REPORT 13. 25-329 City Manager's Report City Manager Bryant Powell thanked the Parks and Recreation department for the tribute to Officer Facio and the 4th of July event. He expressed the importance of reflecting on the life of Officer Facio and highlighted the Adopt A Street done in his name. Mr. Powell shared the monsoon hotline and encouraged the community to be prepared in the event of much needed rain. Mr. Powell also thanked the departments and Council for their support in making the 4th of July event happen each year. He spoke about the unique events that Parks and Recreation host during the hot summer months and shared a photo from the movie night at the pool event. 14. 25-330 Announcement of Current Events There was no current event report. H. PUBLIC HEARINGS 15. 25-307 Consideration of application for a new Series 6 Bar liquor license for Dutchman's Country BBQ located at 1615 N. Apache Trail, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Councilmember Heck moved,seconded by Councilmember Nesser that the application for a new Series 6 Bar Liquor License for Dutchman's Country BBQ, located at 1615 N.Apache Trail, Apache Junction,AZ, be recommended to the Arizona Department of Liquor Licenses and Control for approval. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Clerk Evie McKinney stated the city received an application for a new Series 6 Bar liquor license for Dutchman's Country BBQ located at 1615 N. Apache Trail, on June 12, 2025, and the Notice of Posting was placed at the establishment on June 18, 2025. The posting requirement has been met with no comments from the public. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes July 15,2025 Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Planning and Zoning Department, Building and Safety Division and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Development Services noted that the liquor license application can go through the process, but until the business is complete with the renovation and an approved inspection and Certificate of Occupancy have been granted, no business will be allowed at the location. Councilmembers had no concerns. Mayor Wilson opened the Public Hearing. Andre Meek, 1327 S. Belair Road, Apache Junction, expressed his support of the business. Mayor Wilson closed the Public Hearing and asked for a motion. 16. 25-313 Consideration of application for a permanent extension of premises for First Water Cocktail Bar located at 1545 W. Broadway Ave, Suite 101, Apache Junction, AZ 85120. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Johnson moved,seconded by Councilmember Cross that the application for a Permanent Extension of Premises for First Water Cocktail Bar, located at 1545 W. Broadway Avenue,Suite 101,Apache Junction,AZ, be recommended to the Arizona Department of Liquor Licenses and Control for approval. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Clerk Evie McKinney stated the city received an application for a permanent extension of premises for First Water Cocktail Bar located at 1545 E. Broadway Avenue. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Planning and Zoning Department, Building and Safety Division and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Councilmembers had no concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the Public Hearing and asked for a motion. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes July 15,2025 17. 25-325 Presentation, discussion and public hearing to receive input and discuss potential projects for the utilization of Fiscal Year 2025 ("FY25") Community Development Block Grant ("CDBG") Regional Account ("RA") funds and State Special Project ("SSP")funds. Assistant City Manager Matt Busby introduced Angela Gotto, Administrative and Special Projects Coordinator with Central Arizona Governments (CAG). She presented the purpose of the Public Hearing was for input regarding possible projects for the 2025 Community Development Block Grant(CDBG)funding cycle. The City is expected to receive approximately$156,800.00 in federal fiscal year 2025 CDBG regional account funds from the Arizona Department of Housing. All proposed regional projects must meet one (1) of three (3) national objectives: benefit low to moderate income persons in the area, alleviate slum and blight in the community, or address an urgent need. She gave examples of possible uses for the funding and stated that the City may also apply for approximately$750,000.00 in State Special Projects Funding. The next Public Hearing is to make a decision on which projects the City would like to apply for. Mr. Busby listed the possible projects that Staff suggested: 1. Apache Villa subdivision sidewalk project- repair sidewalks and bring up to modern standards 2. Palm Springs drainage improvements - repair curbs and gutters 3.Construction of the library reading garden 5. Loan an Air Conditioning program -for residents to borrow until their air conditioning is repaired 6. Emergency Rehab Program - household repairs for up to $15,000.00 per household Councilmember Johnson expressed her concern for the timeline on choosing the projects and needed more time to discuss each one. City Manager Bryant Powell asked if there was enough time to bring this topic back for further discussion before the next Public Hearing. Ms. Gotto responded they could move the second Public Hearing to September 2, 2025, to allow further discussion at the August Council Meetings. She informed the Council that the application for the grants are due November 1, 2025 and they could do another first Public Hearing if the Council wanted to. Councilmember Cross suggested a full list of the projects listed and an explanation for each of them before the next meeting so council has more time to consider. Ms. Gotto stated if she receives the list of potential projects in advance then she can confirm they are eligible for the grant funds before they are voted on. Vice Mayor Schroeder asked for clarification on the eligibility of the projects. Assistant City Manager Matt Busby responded that they must meet one (1)of the three (3) national objectives. Councilmember Heck asked for clarification on the emergency rehab program. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes July 15,2025 Mr. Powell responded to Councilmember Heck and stated more information will be presented when this topic is brought back for further discussion at the September 2, 2025, Regular Council meeting for an additional first Public Hearing. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the Public Hearing. 18. 25-348 Presentation, discussion, public hearing and consideration of Resolution No. 25-22 of Case P-25-10-GPA, a proposed Major General Plan Amendment requested by Sundt Construction, represented by Brennan Ray of Ray Law Firm to amend the General Plan Land Use Map for Parcels 102-20-008A& 102-20-008C, located near the northwest corner of Cactus Road &Auto Center Drive, from Commercial to Light Industrial/Business Park and Industrial. Councilmember Cross moved,seconded by Councilmember Nesser that Resolution No.25-22,the Major General Plan Amendment Case P-25-10 GPA,to amend the General Plan Land Use Map for Parcels 102-20-008A&102-20-008C,from Commercial to Light Industrial/Business Park and Industrial be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planner Nicholas Leftwich presented that P-25-10-GPA is a proposed Major General Plan Amendment of the Apache Junction General Plan Land Use Map, requesting a change of the 36.60-acre subject site's designation from Commercial to Light Industrial/Business Park and Industrial. Due to the size of the proposed change (over 10 acres), it is categorized as a major amendment. P-25-11-PZ is a proposed planned development rezoning of the 36.60-acre subject site currently zoned General Rural Low Density Single-Family Detached Residential("RS-GR")to Industrial by Planned Development("B-5/PD")with a new planned development overlay to authorize the development of the manufacturing facility. Planning &Zoning Commission Hearing and Recommendation: As the proposed rezoning by Planned Development and Land Use Map change consists of an area greater than 10 acres, the proposal has had to comply with all requirements of a Major General Plan Amendment, including holding two separate public hearings with the Planning and Zoning Commission. The Planning and Zoning Commission held the first public hearing for P-25-10-GPA and P-25-11-PZ on June 10, 2025, at the Superstition Fire & Medical District Board Room. No resident comments were made during the public hearing. The Planning and Zoning Commission held the second public hearing for P-25-10-GPA and P-25-11-PZ on June 24, 2025, at the Apache Junction City Hall. One Apache Junction resident City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes July 15,2025 provided comments supporting the project for the employment opportunities it would bring to the community. The Planning and Zoning Commission evaluated the Major General Plan Amendment and Rezoning by Planned Development proposal and subsequently voted 5-0 for both items to be forwarded with recommendations of approval for P-25-10-GPA and P-25-11-PZ to the Apache Junction City Council. Applicant Sundt Construction representative Brennan Ray of Ray Law Firm presented an overview of what the building and outside area will look like. He went over the type of work that will be done and showed examples of finished projects. He responded to the comments and questions brought up during the Work Session on July 14, 2025, regarding landscaping. He expressed Sundt's excitement to work with the City and the great location. Councilmembers had no concerns. Mayor Wilson opened the Public Hearing. Andre Meek, 1327 S. Belair Road, Apache Junction, stated his support of this proposed change. Donna Carr, Apache Junction, voiced concerns about the chemicals they may be using. Mayor Wilson closed the Public Hearing and asked for a motion. 19. 25-349 Presentation, discussion, public hearing and consideration of Ordinance No. 1565 of Case P-25-11-PZ, a proposed Rezoning by Planned Development requested by Sundt Construction, represented by Brennan Ray of Ray Law Firm, to rezone Parcels 102-20-008A& 102-20-008C from General Rural Low Density Single-Family Detached Residential ("RS-GR")to Industrial by Planned Development("B-5/PD")." Councilmember Nesser moved,seconded by Councilmember Cross that Ordinance No. 1565 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. City Clerk McKinney read Ordinance No. 1565 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Nesser moved,seconded by Councilmember Heck that Ordinance No. 1565,as read by the city clerk be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planner Nicholas Leftwich stated that Ordinance No. 1565 is regarding the same topic as Resolution No. 25-22. The ordinance will allow the rezoning to take effect. City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes July 15,2025 Councilmembers had no concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the Public Hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Donna Carr, 2178 W. Virginia Street, Apache Junction, apologized for a previous statement regarding the solar energy farm and stated it was not denied by Pinal County at this time. She also voiced frustrations with the Council's recent approval of Conditional Use Permit P-24-104-CUP and Apache Junction Schools not offering half-day kindergarten. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:46 p.m. ACCEPTED THIS DAY OF 12025, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12025. WALTER"CHIP"WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk City of Apache Junction,Arizona Page 8 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'PizoN►' File ID: 25-351 Sponsor: Shane Kiesow Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Consideration of approval of the procurement of city vehicles and equipment for FY26 making the purchase through Arizona State Cooperative Contract#CTR059323 with San Tan Ford, Sourcewell Contract 011723 with Crafco, Sourcewell Contract 080521-CFC with RDO Equipment and State of Arizona Cooperative Contract#CTR049799 for lighting and equipment for a total not to exceed $1,716,000.00. City of Apache Junction,Arizona Page 1 Printed on 713012025 Ppp►CHF� a Gti� Public Works Department z City of Apache Junction Home of the Superstition Mountains gHIZONP MEMORANDUM DATE: June 30, 2025 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager FROM: Ted Wolff, Public Works Director SUBJECT: Proposed Purchase of General Funds The public works department budgeted $1,346,000 for one replacement Police Department administration vehicle, three replacement Police Department detective vehicles, six additional vehicles in the Police Department patrol division, one replacement vehicle for the motor pool at City Hall, one additional vehicle for Development Services, one replacement vehicle for Library, three additional vehicles for Parks and Recreation, and three replacement vehicles for Parks and Recreation. The purchase of these vehicles includes lighting and all equipment using general funds in the city's Fiscal Year 2025/2026 budget approved by the city council in June. Police Department Administration 1- 2026 Ford F-250 Supercrew cab 4X4 including lighting and equipment, to replace unit 20-288, a 2006 Ford F-250 with 140,994 miles in poor condition Police Department Detective 1 — 2025 Ford Bronco to include lighting and equipment, to replace unit 20-404, a 2020 Ford Edge with 104,491 in fair/poor condition 1 — 2025 Ford Bronco to include lighting and equipment, to replace unit 20-371, a 2015 Ford Fusion with 105,148 in poor condition 1 — 2025 Ford Bronco to include lighting and equipment, to replace unit 20-391, a 2018 Ford Explorer with 105,148 in fair/poor condition Police Department Patrol 6 - 2026 Ford Explorers to include lighting and equipment— new additions 575 E. Baseline Avenue, Apache Junction, AZ 85119 0 Voice (480) 982-1055 # FAX (480) 983-5752 Ppp►CHF� a Gti� Public Works Department z City of Apache Junction Home of the Superstition Mountains gHIZQ Parks and Recreation Department 1- 2025 Ford F-150 Regular Cab to replace unit 50-208, a 2001 Ford Ranger with 83,748 miles in poor condition. 1- 2025 Ford F-150 Responder to replace unit 50-217, a 2018 Ford F-150 with 140,365 miles in poor condition. 1- 2026 Ford F-350 DRW with a dump bed to replace 50-158, an Izusu MPR with 79,719 miles in in poor condition. 2- 2025 Ford F-150 Regular cab— new addition 1- 2026 Ford F-250 Regular Cab — new addition Development Services 1 - 2025 Ford Explorer— new additions Library 1 - 2026 Ford Explorer to replace 80-003, a 2013 Ford E-350 with 166,907 in poor condition Motor pool — City Hall 1- 2026 Ford Explorer—to replace 00-005 in poor condition The purchase of these vehicles would be through the State of Arizona Cooperative Contract# CTR059323 with San Tan Ford. 575 E. Baseline Avenue, Apache Junction, AZ 85119 0 Voice (480) 982-1055 # FAX (480) 983-5752 PQpCH�� tin Public Works Department City of Apache Junction Home of the Superstition Mountains gHIZONP MEMORANDUM DATE: June 30, 2025 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager FROM: Ted Wolff, Public Works Director SUBJECT: Proposed Purchase of HURF Fund Equipment and Vehicle for Public Works The public works department budgeted $370,000 for one replacement crack seal machine, two additional vehicles and one additional John Deere gannon tractor. Equipment and vehicle purchases include lighting and equipment using highway user revenue funds (HURF) in the city's Fiscal Year 2025/2026 budget approved by city council in June. 1- 2025 Ford XL F-350 with dump bed — new addition. 1- 2025 Crafco Supershot 250 crack fill machine to replace 30-251, a 2007 crack fill machine in fair/poor condition. 1 —2025 John Deere 210P gannon tractor— new addition The vehicles would be through the State of Arizona Cooperative contract #CTR059323 with San Tan Ford. The lighting and equipment would be through the State of Arizona Cooperative contract #CTR049799. The John Deere gannon tractor will be through Sourcewell Contract 011723 with Crafco. The Crafco crack fill machine will be through Sourcewell Contract 080521-CFC with RDO Equipment. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 PACHE UNCTION, FY 2025-2026 VEHICLE PURCHASES FundVehicles General • Police Department • Detectives: 3 Replacement Vehicles • Administration: 1 Replacement • Patrol: 6 Additional Vehicles • Development Services • 1 Additional Vehicle • Library 0 1 Replacement Vehicle General fund Vehicles • Parks and Recreation • 3 Replacement Vehicles • 3 Additional Vehicles • Total General Fund Spend to include lighting and equipment is $ 113461000. Highway User Revenue Fund Vehicles • Public Works • 1 Additional Truck with Dump bed • 1 Additional John Deere Gannon Tractor • 1 replacement Crafco Crack Seal Machine • Total HURF Spend to include lighting and equipment is $370,000 Staff Recommendation Staff recommends the purchase of general fund and highwa�1,716,000. user revenue fund vehicles with lighting and equipment in the amount of The city will be using the State of Arizona Cooperative Contract # CTR059323 with San Tan Ford, Sourcewell Contract 011723 with John Deere and Sourcewell Contract 080521-CFC with Crafco Machine . The lighting and equipment would be through the Arizona State Cooperative Contract CTR049799. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. QitoN►' File ID: 25-374 Sponsor: Matt Busby Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Consideration of approval of First Amendment to Telecommunications Services License Agreement between MCI Metro Access Transmission Services Corp. and City of Apache Junction Agreement. City of Apache Junction,Arizona Page 1 Printed on 713012025 O` PQACHF✓p20 O Apache junction Information Technology (IT) Department gPIZONA DATE: August 4, 2025 TO: Honorable Mayor and City Councilmembers THROUGH: Bryant Powell, City Manager FROM: Doug Wirthgen,IT Director SUBJECT: 15f Amendment Telecommunications License Agreement—MCImetro ATSC On July 7, 2020, the City of Apache Junction and MCIMetro Access Transmission Services Corp. (Verizon) entered into an Agreement for Verizon to install and operate telecommunications fiber optic lines and related support equipment under and in public streets and alley right-of-way of City. The Agreement expired on July 6, 2025. City and Verizon were in negotiations to extend the Agreement for one additional term of five years when the Agreement expired. During negotiations, the City Attorney's Office recovered all money owed to date under the Agreement. Verizon was unable to provide a Letter of Credit according to the Terms of the Agreement so Verizon and the City Attorney's Office determined that Verizon would increase its bond by the amount of the Letter of Credit. Staff recommends approval o£ 1) extending the agreement for one additional term of five years. FIRST AMENDMENT TO TELECOMMUNICATIONS SERVICES LICENSE AGREEMENT BETWEEN MCIMETRO ACCESS TRANSMISSION SERVICES CORP. AND CITY OF APACHE JUNCTION AGREEMENT THIS AMENDMENT is made and entered into this day of , 2025 ("the Execution Date"), by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and MClmetro Access Transmission Services LLC, a Delaware limited liability company ("Licensee" or "Company"), collectively referred to as the "Parties"or individually as the"Party". RECITALS A. On July 7, 2020, the Parties entered into an Agreement for Licensee to install and operate telecommunications fiber optic lines and related support equipment under and in public streets and alley rights-of-way of City (the "Agreement"). B. Licensee reorganized from a corporation to a limited liability company and changed its name to MClmetro Access Transmission Services LLC. C. The Agreement is set to expire on July 6, 2025, and Licensee and City desire to extend the Agreement for one additional term of five years pursuant to the terms and conditions set forth in the Agreement. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: A. The preamble is deleted in its entirety and replaced with the following: "THIS LICENSE AGREEMENT ("License" or "Agreement") is made this 7th day of July, 2020 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("Licensor" or "City") and MClmetro Access Transmission Services LLC, a Delaware limited liability company ("Licensee" or "Company"), collectively referred to as the "Parties" or individually as the "Party." B. Section 3.1, titled "Initial Term," is hereby amended as follows: "3.1 Initial Term. The initial term of this Agreement shall be from July 7, 2025 through June 30, 2030, unless sooner terminated as set forth in this Agreement." C. Add a new subsection 4.11.7 as follows: "4.11.7 For the Extension Periods, Licensee may provide to Licensor a Performance Bond issued by a commercial bank acceptable to Licensor with a local branch inside the City of Apache Junction corporate limits, (Rating A+9), in lieu of the letter of credit in an amount equal to the requirements for the letter of credit. Licensee shall provide the Bond to Licensor no later than the first day of each Extension Period. The Bond shall name the City as obligee and shall be in effect for the duration of each Extension Period. Licensee shall pay all costs associated with the Bonds." Except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect until the Agreement is terminated. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. [Signatures follow on next page] 2 LICENSEE/COMPANY: MCIMETRO ACCESS TRANSMISSION SERVICES LLC, A DELAWARE LIMITED LIABILITY COMPANY By: Its: CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Evie McKinney City Clerk APPROVED AS TO FORM: R. Joel Stern City Attorney 3 STATE OF ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2025, by as of MClmetro Access Transmission Services LLC, a Delaware limited liability company. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2025, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 4 TELECOMMUNICATIONS SERVICES LICENSE AGREEMENT BETWEEN MClmetro Access Transmission Services Corp. AND CITY OF APACHE JUNCTION THIS LICENSE AGREEMENT("License"or "Agreement") is made this 7th day of my , 20 20 __ by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("Licensor" or "City"), and MClmetro Access Transmission Services Corp. , ("Licensee" or " Company collectively the "Parties" and individually as a "Party". RECITALS A. Licensor owns public streets and alley rights-of-way ("ROW") within the corporate limits of the City of Apache Junction (the "Boundaries") that are designated for use by utility providers for installation, operation and repair of public utilities pursuant to licenses or other agreements with Licensor. B. Licensee desires to install and operate telecommunication fiber optic lines and related support equipment(the "Communications Plant" or the "Plant") under and in a portion of the ROW subject to the requirements of this Agreement. C. Licensor desires to grant to Licensee a nonexclusive license to install, maintain, operate, upgrade and repair (the "Permitted Uses") the Communications Plant subject to the requirements of this Agreement. D. Licensor and Licensee also desire to provide a method whereby additional portions of the ROW can be added to this Agreement (the "New Use Areas"). Licensee may expand the Communications Plant within the City's ROW by obtaining a permit from Licensor and upon Licensor's approval of plans. Licensor may grant, with conditions, or deny such approval in its sole discretion. Any expansion of the Communications Plant approved by Licensor shall be subject to all terms and conditions of this License and the conditions, if any, imposed by Licensor. E. Pursuant to the Telecommunications Law, Licensee has obtained from the Arizona Corporation Commission the privilege to provide telecommunications services within Arizona, through a certificate of convenience and necessity ("CC&N") Decision No. 59983 dated lance 16. 1997 (the "Certificate"). F. There may be portion of the ROW (the "Third Party Areas") upon which the Communications Plant may not be built without permission (the "Third Party Permission) from one or more third parties (the "Third Parties"). The Third Party Areas are areas such as canal crossings or other areas that for any reason have limited ROW dedications or that have regulatory use restrictions imposed by a Third Party. G. The Licensor retains the right to adopt, from time-to-time, in addition to the provisions contained in this Agreement, such ordinances and rules and regulations as may be deemed necessary by the Licensor to protect and promote the property, health, safety and welfare of the Licensor's inhabitants. H. Licensee agrees to provide and maintain accurate maps showing the location of all facilities owned or used by Licensee on City ROW and shall comply with reasonable mapping requirements as City may establish from time to time. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing Recitals, the amounts hereinafter to be paid by Licensee, and the covenants and agreements contained herein to be kept and performed by Licensee, and other good and valuable consideration, Licensor and Licensee agree as follow: SECTION 1. Definitions. For the purpose of this License, unless the context otherwise requires, the following terms, phrases, words, and their derivatives have these meanings. When not inconsistent with the context, words in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. If there is a conflict between these definitions and those listed in Apache Junction City Code the definitions in the code prevail and control. "A.C.C.": Arizona Corporation Commission. "ADEQ": Arizona Department of Environmental Quality. "AA.C.C.": Apache Junction City Code. "A.R.S.": Arizona Revised Statutes, as amended from time to time. "Cable Services" and "Cable System": as defined in A.J.C.C.,Vol. I, Chapter 14: Cable Television. "City Council": the governing body of the City of Apache Junction composed of seven elected officials. "Claim(s)": includes losses, claims, damages, suits, actions, payments, judgments, demands, reasonable expenses and costs, including, but not limited to, reasonable attorney fees incurred at different levels of litigation, through all appeals. "Commercial Mobile Radio Services": two-way voice commercial mobile radio services as defined by the Federal Communications Commission in 47 United States Code § 157. 2 "Conduit": a pipe made of metal, ceramic or plastic that is designed to protect buried cables. "Contractor": any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that performs services or provides goods relating to this Agreement. Contractor shall include any subcontractor hired and/or used by Licensee for the performance of services or provisions of goods relating to this Agreement. "Dark Fiber": means fiber optic strands that are not connected to transmission equipment. "Environmental Laws": all federal, state, and local, ordinances, rules, regulations, statutes and judicial decisions in effect at the inception of this Agreement or subsequently in effect, in any way relating to or regulating human health or safety, or industrial hygiene or environmental conditions, or protection of the environment, or prevention or cleanup of pollution or contamination of the air, soil, surface water or ground water, or any other applicable thing or things within the scope of all such laws, ordinances, rules, regulation, statutes, and judicial decisions. "Facilities": the fiber optic plant, equipment and property used in the provision of Telecommunications Services and not owned by City, including but not limited to: poles, wires, pipe, conduits, pedestals, antenna and other appurtenances placed on, in, or under the ROW. "FCC": the Federal Communications Commission. "Fiber Optic Communication System": an interstate and intrastate network of fiber optic cables and all related property including conduit, carrier pipe, cable fibers, repeaters, power sources and other attachments and appurtenances necessary for transmitting high speed voice, video and data in connection with a local and long distance telecommunications system or systems, excepting one- way transmissions directly to customers, users or subscribers of video programming or other programming services or subscriber interaction, if any, which is required for the selection of or response to video programming or other programming services. "Fiber Optic Network": a communication system consisting of an optical transmitter to convert an electrical signal into an optic signal to send into the optical fiber, a cable containing bundles of multiple optical fibers that is routed through underground conduits and buildings, multiple kinds of amplifiers, and an optical receiver to recover the signal as an electric signal. "Hazardous Substances": those materials defined as toxic or pollutants, or wastes by Environmental Laws, including but not limited to the following 3 substances: gasoline, kerosene, or other petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde and radioactive materials. "Interstate Telecommunications Services": Telecommunications Services provided between users in Arizona and users outside of Arizona. "License": this non-exclusive authorization granted by City to Licensee to construct, operate, maintain, reconstruct, repair and remove the Facilities. "Other programming services": information that a cable television system operator makes available to all subscribers generally. "Pre-existing Environmental Condition": the presence, emission, disposal, discharge or release of any Hazardous Substance at, in, on, under or about the Facilities, however caused, existing prior to the placement of Facilities within ROW whether the nature and extent of such contamination is known or unknown at the execution of this Agreement. "Proprietary Information": trade secrets which were established by a telecommunications provider relating to business functions. "Provider": a Telecommunications Corporation that constructs, installs, operates or maintains telecommunications facilities or interstate telecommunications services in the ROW. "ROW" and "rights-of-way": any land which by deed, conveyance, agreement, easement, dedication, usage, zoning condition, process of law or other means is reserved for or otherwise dedicated to the general public for street, highway, alley, public utility, pedestrian walkway and other public purpose. "Telecommunications": the transmissions between or among points specified by the user, of information of the user's choosing without change in the form or content of the information as sent and received, excepting wireless or cable services provided by a cable system. "Telecommunications Corporation": any public service corporation which provides Telecommunications Services in the State of Arizona under authority granted by the A.C.C. "Telecommunications Services": the offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the facilities used. "Telecommunications Laws": local, state and/or federal government 4 authority which allows Licensor to regulates its streets, alleys and to grant, renew, deny, amend and terminate licenses for and otherwise regulate the installation, operation and maintenance of Telecommunications Services on a competitively neutral basis to include, without limitation, the following: 1)A.R.S. §§9-581 through 9-583; 2)Constitution of the State of Arizona; 3) other applicable federal, state and local laws, rules and regulations; and 4) Licensor's city codes, police powers, its authority over public rights-of-way, and its other governmental powers and authority. "Users": any unrelated (unaffiliated) third parties of Licensee that are leasing Licensee's Facilities. "Video programming": programming provided by or generally considered comparable to programming provided by a television broadcast station. SECTION 2. Permission to Use ROW. Licensor hereby grants to Licensee a nonexclusive revocable license to use the Use Areas as follows: 2.1 Use Areas Defined. The initial Use Areas are those portions of the ROW that Licensor authorizes Licensee to occupy with Licensee's Communications Plant shown on a map as part of Licensee's application for ROW use and more fully explained in § 2.3 below with a continuing map disclosure requirement as required under § 2.8.13. The Use Areas are limited to the public street and all ROWs,and any federally patented easements granted to Licensee by Licensor for Licensee's encroachment on land whose fee simple title is vested in Licensor. The Use Areas may decrease, increase, and otherwise change over time due to abandonments,dedications, annexations, extinguishments, and other events that affect the amount of Licensee's Communications Plant on land included in Licensor's ROW network inventory. This Agreement shall not allow Licensee to use ROW that is abandoned, condemned, or is removed from the Use Areas, or is otherwise no longer part of Licensor's easement network. 2.2 Non-Use Areas. Licensee shall not use or occupy any portion of the Use Areas other than as necessary to perform its obligations under this Agreement. The Communications Plant shall be confined to the Use Areas. 2.3 New Use Areas. Licensor and Licensee may elect to add New Use Areas to this Agreement subject to the following: 2.3.1 When Licensee desires to add New Use Areas to the Use Areas, Licensee shall give noticeto Licensor's City Engineer containing thefollowing: 2.3.1.1 An up-to-date map showing the initial Use Area with highlights showing the area proposed New Use Areas as required under § 2.8.13. 5 2.3.1.2 Within sixty (60) calendar days after receiving such a notice, Licensor shall inform Licensee whether Licensor approves the proposed New Use Areas. 2.3.2 Upon addition of New Use Areas, the New Use Areas shall be subject to all provisions of this Agreement. 2.3.3 Licensor's city manager or designee shall have administrative authority without further action by Licensor's city council to consent to the addition of New Use Areas. 2.4 Condition of Title. Licensee's rights hereunder are subject to all recorded or unrecorded matters or conditions of title to or agreements or documents regarding the Use Areas (the "Site Documents"). Licensee's rights to use the Use Areas under this Agreement are limited to a subset of the interests held by Licensor from time to time. Licensee shall not violate the Site Documents. 2.5 Condition of Use Areas. The Use Areas are being made available in an "as is" condition without any express or implied warranties of any kind, including without limitation any warranties or representations as to their condition or fitness for any use. 2.6 No Real Property Interest. Notwithstanding any provision hereof to the contrary, and notwithstanding any negotiation, correspondence, course of performance or dealing, or other statements or acts by or between the Parties, Licensee's rights herein are limited to use and occupation of the Use Areas for the Permitted Uses. Licensee's rights in the Use Areas are limited to the specific limited license rights created by this Agreement. 2.7 Limited Rights in Use Areas. This Agreement grants Licensee no rights to or use of the Use Areas other than those expressly granted herein. 2.8 Reserved Right and Competing Users and Activities. Notwithstanding anything in this Agreement to the contrary, Licensor specifically reserves to itself and excludes from this Agreement a non-exclusive delegable right (the "Reserved Right") over the entire Use Areas for all manner of real and personal improvements and for streets, sidewalks, trails, landscaping, utilities and every other land use of every description, as follows: 2.8.1 Competing Users. Water/wastewater/storm pipes, pavement, fiber, telephony, electric lines, cable and other facilities may all be located within the same segment of ROW within portions of the Communications Plant. Licensee accepts the risk that Licensor and others (the "Competing Users") may now or in the future install their facilities in the Use Areas in locations that make parts of the ROW unavailable for Licensee's use. The Competing Users include without 6 limitation Licensor, the State of Arizona and its political subdivisions Pinal or Maricopa County, special districts, community facilities districts, the public, federal agencies, and all manner of utility companies and other existing or future users of the Use Areas or New Use Areas. 2.8.2 Competing Activities. Licensee accepts the risk that there may now or in the future exist upon the Use Areas all manner of work and improvements upon the Use Areas (the "Competing Activities"). The Competing Activities include, without limitation, any and all laying construction, erection, installation, use, operation, repair, replacement, removal, relocation, raising, lowering, widening, realigning or other dealing with any or all of the following, whether above, upon or below the surface of the Use Areas and whether occasioned by existing or proposed uses of the ROW or existing or proposed uses of adjoining or nearby land: 2.8.2.1 All manner of streets, alleys, signs, sidewalks, trails, ways, traffic control devices, tunnels, and all manner of other transportation facilities and their appurtenances. 2.8.2.2 All manner of pipes, fiber, wires, cables, vaults, cabinets, conduits, sewers, pumps, valves, switches, conductors, connectors, poles, supports, anchors, access points and guys of every description, and all manner of other utility facilities and their appurtenances. 2.8.2.3 All manner of canals, drains, bridges, viaducts, overpasses, underpasses, culverts, markings, balconies, porches, overhangs and other encroachments of every description and all manner of other facilities and their appurtenances. 2.8.2.4 All other uses of the ROW that Licensor may permit from time to time. 2.8.3 Reserved Right. The Reserved Right includes the right to use and allow other Competing Users to conduct Competing Activities at any location within the Use Areas 2.8.4 Licensor's Cumulative Rights. All of Licensor's Reserved Rights under various provisions of this Agreement shall be cumulative to each other. 2.8.5 Use Priorities. This Agreement does not grant to Licensee or establish for Licensee any exclusive rights, pre-existing rights, or priority in favor of Licensee to use the Use Areas. Licensee's use of the Use Areas shall be subordinate to all Competing Activities. Licensee shall not obstruct, impede, disrupt or interfere with or prevent any Competing User from using the Use Areas. 7 2.8.6 Regulation. Licensor shall have full authority to: a) regulate use of the Use Areas; b) to resolve competing demands and preferences regarding use of the Use Areas on a non-discriminatory basis; and c) to require Licensee to cooperate and participate in implementing such resolutions.Without limitation, Licensor may take any or all of the following into account in regulating use of the Use Areas: 2.8.6.1 All timing, public, operational, financial and other factors affecting existing and future proposals, needs and plans for Competing Activities. 2.8.6.2 All other factors Licensor may consider relevant, whether or not mentioned in this Agreement. 2.8.6.3 Differing regulatory regimes or laws applicable to claimed rights, public benefits, community needs and all other factors relating to Competing Users and Competing Activities. 2.8.7 Communications Plant Relocation. Upon Licensor's request, Licensee shall temporarily or permanently relocate or otherwise modify (the "Relocation Work") the Communications Plant as follows: 2.8.7.1 The Relocation Work includes all work determined by Licensor to be necessary to accommodate Competing Activities, including without limitation temporarily or permanently removing, protecting, supporting, disconnecting or relocating any portion of the Communications Plant. 2.8.7.2 Licensor may perform any part of the Relocation Work that has not been performed within ninety (90) calendar days after notice from Licensor. Licensee shall reimburse Licensor for its actual reasonable costs (including administration) in performing any Relocation Work. 2.8.7.3 Licensor has no obligation to move Licensee's, Licensor's or Competing User's facilities. 2.8.7.4 Licensor and not Licensee shall be entitled to use any of Licensee's facilities that are abandoned in place orthat are nottimely relocated. 2.8.7.5 All Relocation Work shall be subject to and comply with all other provisions of this Agreement. 2.8.7.6 Licensee's relocation obligations hereunder are not intended to create any legal rights in any third party. Without limitation, no third party shall be a third party beneficiary of such obligations, and, therefore, any and all obligations third parties may have to bearthe cost of relocating Licensee's facilities in connection with Competing Activities shall not be diminished by 8 Licensee's relocation obligations hereunder. 2.8.8 Disruption by Competing Users. Neither Licensor nor any agent, contractor or employee of Licensor shall be liable to Licensee, its customers or third parties for any service disruption or for any other harm caused them or the Communications Plant due to Competing Users or Competing Activities, or Licensee's failure to relocate lines after being requested to do so by Licensor. 2.8.9 Damage. Licensee shall be liable for any damage to or disturbance of Licensor controlled property and/or Licensee property located in the ROW caused by Licensee's failure to act in a timely manner. All public and Licensee property damaged or disturbed by Licensee's activities shall be promptly repaired, replaced, and/or restored by Licensee at Licensee's sole expense to as good a condition as before such damage or disturbance and to the Licensor's reasonable satisfaction. Licensee shall not install, maintain or use any of the Communications Plant in such a manner as to damage or interfere with another Competing User located within the ROW of the Licensor. In accordance with A.R.S. § 40-360.21 etseq., Licensee shall appropriately notify Arizona Blue Stake (800-782-5348) before beginning construction. 2.8.10 Emergency Disruption by Licensor. Licensor may remove, alter, tear out, relocate or damage portions of the Communications Plant in the case of fire, disaster or other emergencies if Licensor's city manager or designee deems such action to be reasonably necessary under the circumstances. In such event, neither Licensor nor any agent, contractor or employee of Licensor shall be liable to Licensee or its customers or third parties for any harm so caused to them or the Communications Plant. When practical, Licensor shall consult with Licensee in advance to assess the necessity of such actions and to minimize to the extent practical under the circumstances damage to and disruption of operation of the Communications Plant. In any event, Licensor shall inform Licensee after such actions. Licensee's work to repair or restore the Communications Plant shall be Relocation Work. 2.8.11 Public Safety Hazard. If the Communications Plant or any other Licensee equipment, improvements or activities within the Use Areas present any immediate hazard or impediment to the public, to Licensor, to other improvements or activities within or without the Use Areas,or to Licensor's ability to safely and conveniently operate the ROW or perform utility services, public safety and other public health, safety and welfare functions, then Licensee shall immediately remedy the hazard, comply with Licensor's requests to secure the Use Areas, and otherwise cooperate with Licensor at no expense to Licensor to remove any such hazard or impediment. Licensee's work crews shall report to the Use Areas within two (2) hours of any request by Licensor under this section. 2.8.12 Dark Fiber Lease: The Parties acknowledge that any lessee 9 or licensee of Licensee's Facilities shall be required to enter into an agreement with the Licensor in such form as shall be acceptable to the Licensor. 2.8.13 Mapping: Licensee shall maintain as-built drawings of its facilities located within the ROW and furnish a copy both electronically in an ESRI- compatible mapping format (or in a mapping format compatible with the current Licensor electronic mapping format as specified by the Licensor) and in hard copy form on an annual basis or upon reasonable request by the Licensor. Licensee shall create and maintain maps of any of its Conduit System and/or Fiber Optic Network routes, Use Areas, New Use Areas, and any above ground equipment located in the ROW and precise and verifiable horizontal and vertical location information and will make this information available to the Licensor. Licensee will also provide surface-location marking of any of Licensee's Facilities that are located underground within any public ROW within ten (10)business days of installation. The information provided by Licensee under this section will be accurate to the best of Licensee's knowledge. Licensee shall make every reasonable effort to provide accurate and useful information. Licensee shall be permitted to remove any information from the drawings provided hereunder that is not required for Licensor's purposes or is otherwise confidential to Licensee. 2.8.13.1 If complete updates are not provided in a compatible format, Licensee shall pay the actual, reasonable costs Licensor incurs to update the Licensor's electronic mapping format due to the location or relocation of Licensee's Facilities. 2.8.13.2 In the event Licensee fails to supply records in Licensor specified format and there is a cost to Licensor in converting Licensee provided files, Licensee will be responsible for the conversion costs and will pay such costs within thirty (30) calendar days of the date of the bill from Licensor invoicing the amount due. 2.8.13.3 The files and drawings provided by Licensee to Licensor shall be considered confidential and subject to the restrictions in Section 15 below and disclosed as a public record only to the extent required by A.R.S. § 39-121, et seq. SECTION 3. Term of Agreement. The term of this Agreement is as follows: 3.1 Initial Term. The initial term of this Agreement shall be from My 7. 2020 through rely 6. 2025, unless sooner terminated as set forth in this Agreement. 3.2 Extensions. The initial term of this Agreement may be extended for two (2) additional five (5)year periods(hereinafter"Extension Periods") subject to the following: 3.2.1 No Extension Period shall be effective without the written 10 consent of both Licensor and Licensee through a written agreement approved by Licensor's mayor and city council at an appropriately agendized public meeting. 3.2.2 Both Licensor and Licensee may withhold their consent to an Extension Period in their sole and absolute discretion. 3.2.3 Both Licensor and Licensee shall indicate whether they consent to an Extension Period by giving notice of consent to the other at least ninety (90) calendar days before the end of the initial term (or, in the case of the second or subsequent Extension Period, the prior Extension Period). 3.2.4 Any Extension Periods may include an increase in the annual fee and any other applicable fees setforth in this license. 3.3 Holding Over. In any circumstance whereby Licensee would remain in possession or occupancy of the Use Areas after the expiration of this Agreement, such holding over shall operate as a limited Extension Period of this Agreement from month to month that may be terminated at any time by Licensor upon sixty (60) calendar days notice to Licensee, or by Licensee upon sixty (60) calendar days notice to Licensor. In no event however, shall such holdover period be longer than one hundred eighty (180) calendar days. SECTION 4. Licensee's Payments. Licensee shall make payments to Licensor as follows: 4.1 By entering into this Agreement, neither party waives any current or future rights reserved under the Telecommunications Act of 1996, including but not limited to, those rights set forth in Sections 253(C), reserving Licensor's right to manage the public ROW and to require fair, non-discriminatory and reasonable compensation from Licensee for use of the public ROW. 4.2 Licensee shall be solely responsible for payments to Licensor as follow: 4.2.1 Application Fee. Licensee shall pay Licensor an application fee of Three Thousand Dollars ($3,000.00) for the administrative costs involved in the issuance of a telecommunications license which shall be due at the time of the submittal of the application. 4.2.2 Transaction Privilege Tax. Licensee will owe transaction privilege tax on any qualifying services under Apache Junction City Tax Code, Chapter 8A. 4.2.3 Row Usage Fee for Provision of Interstate Telecommunication Services. A Fiber Optic Network in the ROW that carries interstate traffic between and among Licensee's interstate points of presence exclusive of the Fiber Optic Network used by the local network and the portion of the interstate 11 network that carries intrastate calls, is subject to an annual fee based on the number of linear feet of trench in the ROW. The annual fee is $1.89 per linear foot which shall be adjusted annually as provided in Section 4.2.3.1. 4.2.3.1 Commencing on the anniversary date of this Agreement and continuing through the fifth year of the term, the linear foot fee shall be escalated annually each July 1 st based on the United States Department of Labor,Bureau of Labor Statistics, Consumer Price Index-All Urban Consumers, West Region for All Items ("CPI"). 4.2.3.2 If and when there are portions of Licensee's routes that provide Interstate Telecommunication Services in which no Apache Junction customers are served, Licensee will notify the Licensor within thirty (30) calendar days of the location and footage of such route(s) and pay a pro-rated linear foot fee that is due for the length of such route(s) at the dollar rate noted in § 4.2.3. At the next anniversary date of the Agreement, the yearly fee for such additional footage will be added to the current annual fee. 4.2.3.3 Upon each anniversary of this Agreement, any fee owed will be adjusted as provided by Sections 4.2.3.1 above, and payment made by as required by Section 4.3. 4.2.4 Compensation for Use of ROW. Licensee agrees to pay an annual fee for the portion of the ROW used by Licensee for solely for Dark Fiber or Conduit leasing to third-party Users, empty conduit occupation of the ROW, and any other uses other than those conforming: (a) to the definition of Telecommunication Services as defined in A.R.S. § 9-581; or (b) internet access. Unless a different calculation for fair and reasonable compensation is agreed to by the Licensor,the fee will be calculated at the same linear foot rate as in Section 4.2.3 above. Upon each anniversary of this Agreement, any monetary fee will be adjusted as provided by Section 4.2.3.1 above, and payment made by as required by Section 4.3. 4.2.4.1 Should Licensee lease any of its Dark Fiber or Conduits to a third-party User, Licensee shall notify the Licensor within thirty (30) calendar days of the location and footage of such leased Dark Fiber or Conduit route(s) and pay a pro-rated linear foot fee that is due for the length of such route(s). 4.3 For any annual payment(s) owed, Licensee shall make such payment(s) to Licensor within thirty(30) business days of the effective date of this Agreement and by the anniversary of such effective date thereof for the duration of the term or extension term. 4.4 Arrearaoe. As of the date of this Agreement, Licensor agrees that Licensee has paid all amounts due and no further amounts are owed. 12 4.5 Permit Fees. Licensee shall pay all applicable construction permit fees to place Facilities in the ROW, which includes charges for encroachment permit applications, issuance, inspection, testing, plan review and any other fees adopted by Licensor and applicable to persons doing work and/or encroaching in Licensor's ROW pursuant to Apache Junction City Code, Vol. I, Article 13-3. 4.6 Damage Fees. Licensee shall pay any reasonable costs associated with any damage caused to the ROW or public property. 4.7 Pro-rated Fees. Within thirty (30) calendar days after the issuance of a permit for the installation of additional footage of Conduit, if such installation subjects Licensee to an annual fee pursuant to section 4.2.3 or 4.2.4 above (if applicable), Licensee will pay a pro-rated portion of the annual fee, as adjusted, per linear foot for that section of its expanded route. The pro-rated annual fee shall be determined by multiplying the annual footage fee, as adjusted, for the year of payment, by a fraction,the numerator of which is the number of full months between the month installation and the next following anniversary date of this Agreement and the denominator of which is twelve (12). 4.7.1 In the event, Licensee cancels or returns a permit and does not construct or install Facilities which has been approved by such a permit, the footage fees previously paid for ROW or public property used or occupied by Licensee shall be applied as a credit toward any annual fee or refunded to Licensee by Licensor. 4.8 Any checks should reference the contract number and be sent to: City of Apache Junction City Engineer 300 E. Superstition Blvd. Apache Junction, AZ 85119 4.9 Late Fees. Fee Payment is deemed paid only when Licensor actually receives good cash payment. Should any Fee Payment not be paid on or before the date due, a late fee shall be added to the amount due in the amount of the greater of one percent(1%)of the amount due. Furthermore, any Fee Paymentthat is not timely paid shall accrue simple interest at the rate of one and one-half percent (1.5%) per month from the date the amount first came due until paid. Licensee expressly agrees that the foregoing represent fair and reasonable estimates by Licensor and Licensee of Licensor's costs (such as accounting, administrative, legal and processing costs, etc.) in the eventof a delay in payment of Fee Payment. Licensor shall have the right to allocate payments received from Licensee among Licensee's obligations. 4.10 Fee Payment Amount Report. Each installment of Fee Payment by the Licensee, other than Permit Fee Payment, shall include a report showing the 13 manner in which each component of the Fee Payment was calculated. The report shall summarize the transactions giving rise to the License Fee Payments. 4.11 Security Fund/Letter of Credit. Within ten (10)calendar days before the date this Agreement is scheduled for consideration by the city council, Licensee shall provide Licensor a letter of credit as follows: 4.11.1 The amount of the letter of credit shall be Fifty Thousand Dollars ($50,000). 4.11.2 The letter of credit is an additional security deposit for Licensee's performance of all of its obligations under this Agreement. 4.11.3 The letter of credit shall meet the requirements listed on Exhibit"A" attached hereto and may be drawn upon as per the same exhibit. 4.11.4 Licensee shall provide and actively maintain the letter of credit during the entire term of this Agreement as follows: 4.11.4.1 Licensee shall cause the original letter of credit to be delivered to Licensor's city engineer and a copy to the city attorney. 4.11.4.2 Licensee shall pay all costs associated with the letter of credit, regardless of the reason or manner such fees are required. 4.11.4.3 Within fourteen (14) calendar days after Licensor gives Licensee notice that Licensor has drawn on the letter of credit, Licensee shall cause the letter of credit to be replenished to its prior amount. 4.11.5 Licensor may draw on the letter of credit upon any Event of Default, and in the following circumstances whether or not they are an Event of Default: 4.11.5.1 Licensee fails to cause the letter of credit to be renewed, extended,increased in amountor otherwise maintained as required by this agreement. 4.11.5.2 Licensee fails to make monetary payments required under this Agreement. 4.11.5.3 The issuer of the letter of credit fails to immediately honor a draft on the letter of credit or otherwise repudiates or fails to honor the letter of credit. 4.11.6 Licensor shall also have such additional rights regarding the letter of credit as may be provided elsewhere in this Agreement. 14 4.12 In-Kind Payment as an Offset to Fees Owed. This Agreement does not currently provide for any future in-kind payments by Licensee, however, should fees be owed under this section, the Parties may agree in writing to an in-kind payment of fiber(s), conduit(s), or other facilities or services provided by Licensee to offset such fees or transaction privilege taxes owed through an addendum to this Agreement. 4.13 Taxes. Licensee shall pay any applicable city, county and state transaction privilege and use tax. Such taxes are in addition to any non-tax amounts owed by Licensee pursuant to this section. Licensee consents to the disclosure of any and all information reported on Licensee's transaction privilege tax returns by authorizing and allowing the City's tax collector to release such information to the city manager or designee. 4.14 Performance Bond. 4.14.1 Prior to receiving any permit to construct, install, maintain or perform any work on public property that requires a permit from Licensor pursuant to applicable city codes, Licensee shall cause to be filed and maintain under either completion of the construction or termination of this Agreement as determined by Licensee, a faithful performance bond in favor of Licensor in the sum of One Hundred Thousand Dollars ($100,000.00) or the amount of the construction costs (whichever is greater) to guarantee that Licensee shall observe,fulfill and perform each and every term of this Agreement. In case of any breach of any condition of this Agreement, any amount of the sum in the bond, up to the whole thereof, may be forfeited to compensate Licensor for any damages it may suffer by reason of such breach. Said bond shall be acknowledged by Licensee, as principal, and shall be issued by a surety with an AM Best rating of A-VII or better for the last four quarters. Licensor and Licensee agree that the process and procedure for drawing upon, curing, and replenishing the performance bond shall be the same security fund and/or letter of credit noted above in § 4.11. 4.14.2 If Licensee has completed the above construction and wants the bond released, Licensor will need to inspect and approve the construction prior to such release. However, a performance bond will be required for each subsequent or additional construction project and/or work on public property. 4.15 Fee Payment Amounts Cumulative. All amounts payable by Licensee hereunder or under any tax, assessment or other existing or future ordinance, law or other contract or obligations to the City of Apache Junction or the State of Arizona shall be cumulative and payable in addition to each other payment required hereunder, and such amounts shall not be credited toward, substituted for, or setoff against each other in any manner. SECTION 5. Use Restrictions. Licensee's use and occupation of the Use 15 Areas shall in all respects conform to all and each of the following cumulative provisions (collectively the "Restrictions"): 5.1 Permitted Uses. Licensee shall use the Use Areas solely for the Permitted Uses and shall conduct no other activity at or from the Use Areas. The Permitted Uses are limited tothefollowing: 5.1.1 Constructing, maintaining, removing, repairing and operating the Communications Plant as described in this Agreement. 5.1.2 Such additional related uses for which Licensor may give or retract written consent from time to time. Such additional uses may only be conducted following Licensor's giving to Licensee written notice of such consent. Licensor may terminate or impose conditions and limitations on such consent from time-to-time in Licensor's sole and absolute discretion. 5.2 Prohibited Uses. All other uses of the Use Areas are prohibited. 5.2.1 Licensee may use a User Contract to either "sell" or "lease" fibers or conduit in the Communications Plant or otherwise grant permission to the third party to use fibers or conduit in the Communications Plant. However, all User Contracts and all rights and interests created or affected in any way thereby, however denominated, shall be subject to and limited by all provisions of this Agreement. In no event shall Licensor be bound in any way by any provision of any User Contract. 5.2.2 Should Licensee lease, sell or otherwise grant permission to a third party to use fiber or conduit within the ROW, Licensee shall inform the Licensor within forty-five (45) calendar days of the location and length of the fiber or conduit route that is being leased, sold or otherwise granted permission to a third party through an indefeasible right of use agreement or similar contractual arrangement. 5.3 Regulated Activities. The following additional requirements apply to certain uses (the "Regulated Activities") of the Communication Plant: 5.3.1 The following are Regulated Activities: 5.3.1.1 Use of the Communications Plant for cable television as defined by applicable federal, state or local law or regulation. 5.3.1.2 Use of the Communications Plant for open video service as defined by applicable federal,state or local law or regulation. 5.3.2 Licensee shall not use the Communications Plantfor the above 16 noted Regulated Activities without proper formal authorization from Licensor, separate from this Agreement. 5.3.3 Licensee may enter into User Contracts that allow third parties to use the Communications Plant for the Regulated Activities only if the third party has already entered into an agreement with Licensor that allows the third party to conduct the Regulated Activity in the Use Areas. 5.3.4 If Licensee ever obtains or seeks federal, state or local approval to provide Non-Telecommunications Regulated Activities over the Communications Plant, this Agreement shall remain in effect according to its terms and Licensee shall continue to pay the Use Fees required by this Agreement, regardless of any legal or regulatory provisions, permits or other processes or rules that might now or hereafter provide otherwise. 5.3.5 Without limiting the other amendment or waiver provisions of this Agreement, no change to or waiver of this Agreement's provisions regarding Non-Telecommunications Regulated Activities is effective without a formal amendment to this Agreement executed by Licensor after approval by Licensor's city council. Licensor has not promised any such amendment or waiver. 5.4 Signs. All signage i s prohibited except in compliance with the following requirements: 5.4.1 Signs Required. Licensee shall install (subject to Licensor's review and approval) and thereafter maintain all signs and markings that the Communications Plant and Licensee's activities may make necessary for safe use of the Use Areas by the public, Licensor, Licensee and other persons who may be at the Use Areas at any time for any reason. 5.4.2 Signs Covered. This paragraph shall apply to all signs,designs, monuments, decals, graphics, posters, banners, markings, and other manner of signage. 5.5 Lighting. Lighting is prohibited except as this Agreement may specifically allow for construction activities. 5.6 Noise. Except during approved construction and only as allowed under A.J.C.C. § 10-1-12 (C), noise at the Use Areas is subject to the following limitations: 5.6.1 Except for vehicle backup alarms and other safety devices, outdoor or amplified loud speakers,sirens or other devices for making noise are strictly prohibited. 5.6.2 All equipment must be equipped with appropriate mufflers and other sound control devices. 17 5.7 Governmental and Neighborhood Relations. Licensee shall conduct its activities in coordination with Licensor as necessary to maintain good relations with all third parties, governmental and other entities having jurisdiction over the Use Areas, all other occupants of the Use Areas, and the occupants of surrounding real property. Licensee shall immediately give to Licensor notice of any actual or threatened dispute, violation or other disagreement relating to the Use Areas. Licensee is not an agent for Licensor. Without limitation, such entities (who are not third party beneficiaries to this Agreement) include (to the extent that such entities have jurisdiction over the Use Areas): 5.7.1 State of Arizona 5.7.2 Maricopa and Pinal Counties 5.7.3 Bureau of Reclamation 5.7.4 Central Arizona Water Conservation District 5.7.5 Salt River Project 5.7.6 Water Utilities Community Facility District(Apache Junction) 5.7.7 Superstition Mountains Community Facility District 5.8 Licensee's Agent. Licensee shall at all times retain on call (24 hours a day 365 days a year) available to Licensor by telephone an active, qualified, competent and experienced person to supervise all activities upon the Use Areas and operation of the Communications Plant and who shall be authorized to represent and act for Licensee in matters pertaining to all emergencies and the calendar day-to-calendar day operation of the ROW and all other matters affecting this Agreement. Licensee shall also provide notice to Licensor of the name, street address, electronic mail address, and regular and after hours telephone numbers of a person to handle Licensee's affairs and emergencies at the ROW. Any change shall be given in writing in the manner stated for notices under this Agreement. 5.9 Coordination Meetings. Licensee shall meet with Licensor and other ROW users from time to time as requested by Licensor to coordinate and plan construction on the ROW and all matters affected by this Agreement. 5.10 Toxic Substances. Licensee's activities upon or about the ROW shall be subject to the following regarding any toxic substances, waste or materials, or any substance now or hereafter subject to regulation under the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601, etseq., the Arizona Hazardous Waste Management Act, A.R.S. §§49-901, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§ 18 6901, at seq., or the Toxic Substances Control Act, 15 U.S.C. 2601, at seq., or any other federal, state, county, or local law pertaining to hazardous substances, waste or toxic substances and their reporting requirements (collectively "Toxic Substances"): 5.10.1 Licensee shall not produce, dispose, transport, treat, use or store any Toxic Substances in, upon or about the ROW. The prohibitions of the preceding sentence only shall not apply to: 5.10.1.1 Ordinary gasoline, diesel fuel or other fuels or lubricants necessary for ordinary use in motor vehicles and ordinary construction machinery permitted upon the ROW. Such materials must be properly and lawfully contained in ordinary quantities in ordinary tanks and receptacles that are permanently installed in such vehicles and machinery, or small portable tanks that are being used for fueling permitted construction machinery ("Minimal Fueling"). 5.10.1.2 Electric backup batteries. 5.10.2 Licensee shall dispose of any Toxic Substances away from the ROW as required by law and as reasonably required by Licensor. 5.10.3 Licensee shall not use the ROW in a manner inconsistent with regulations issued by ADEQ, or in a manner that would require a permit or approval from any other governmental agency. The preceding sentence does not prohibit standard permits for control of dust during construction permitted by this Agreement. 5.10.4 Licensee shall immediately notify Licensor of any Hazardous Substance at any time discovered or existing upon the ROW. Licensee is not responsible for Hazardous Substances that may exist at the ROW if Licensee, Licensee's contractors, and other persons using the ROW under this Agreement did not do any of the following: 5.10.4.1 Participate in the Hazardous Substances coming to the ROW. 5.10.4.2 Fail to immediately report the Hazardous Substances to Licensor. 5.10.4.3 Participate in spreading or otherwise disturbing the Hazardous Substances. 5.10.4.4 Exacerbate the effects of the Hazardous Substances or the difficulty or cost of dealing with the Hazardous Substances. 19 5.10.5 Licensee understands the dangers presented to persons, property and the environment by dealing with Hazardous Substances. Licensee acknowledges the possibility that the ROW may contain actual or presumed asbestos and other Hazardous Substances containing materials. 5.10.6 Within six (6) hours after any violation by Licensee of this Agreement pertaining to Hazardous Substances, Licensee shall give Licensor notice reporting such violation. 5.11 Communications Operations Restriction. Licensee shall not install, operate, or allow the use of equipment, methodology or technology that may or would interfere with the optimum effective use or operation of Licensor's existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying, receiving or transmitting equipment). If such interference should occur, Licensee shall immediately discontinue using the equipment, methodology or technology that causes the interference until Licensee takes corrective measures to alter the Communications Plant to eliminate such interference. Any such corrective measures shall be made atnocostto Licensor. 5.12 Access by4thers. Licensee shall cause to comply with this Agreement all persons physically accessing the ROW through or under Licensee or this Agreement. Licensee is responsible for any violations of this Agreement by persons physically accessing the ROW through or under Licensee or this Agreement. SECTION 6. Improvements by Licensor. Licensor has not promised, and is not obligated in any manner, to make any improvements or perform any other construction or other work in the ROW. SECTION 7. Licensee's Improvements Generally. All of Licensee's improvements and other construction work whether or not specifically described herein upon the ROW (collectively "Licensee's Improvements") shall comply with the following: 7.1 Construction Plans. Annually, and as per§ 2.8.13, and upon reasonable request with at least thirty (30) calendar days prior written notice by the city manager or designee, Licensee shall deliver to Licensor route maps showing plans for existing and proposed construction of the Communications Plant in the Use Areas or New Use Areas along ROWs within the City. 7.2 Permits and Inspections. Prior to performing work upon the ROW, Licensee shall submit all work plans to Licensor for review by Licensor's staff in designated departments responsible for such review and shall obtain all permits and other approvals related thereto. During the course of the work, Licensee shall observe inspection, safety and other rules. 20 7.3 Licensee's Improvements. Licensee's Improvements include, without limitation all modification, replacement, repairs, installation, construction, grading, structural alterations, utility, lighting or other alterations, parking or traffic alterations, removal, demolition or other cumulatively significant construction or similar work of any description, together with all installation or alteration of the Communications Plant. 7.4 Regulatory Approval Process. The building permit processes, ROW management and similar regulatory requirements that apply to Licensee's Improvements are completely separate from the requirements of this Agreement. Licensee's satisfaction of any requirement of this Agreement does not count toward any compliance with any regulatory requirement. Licensee's satisfaction of any regulatory requirement does not count toward compliance with any requirement of this Agreement. Licensee must make all submittals and communications regarding the requirements of this Agreement through Licensor's contract administrator for this Agreement, and not through planning, building safety or other staff. Licensee must obtain all approvals in accordance with all present and future Licensor codes, policies and procedures. 7.5 Relationship of Plans Approval to Regulatory Processes. Licensee's submission of plans under this Agreement, Licensor's approval of plans for purposes of this Agreement, and the plans approval process under this Agreement, shall be separate and independent of all zoning, design review and other regulatory or similar plans submittal and approval processes, all of which shall continue to apply in addition to the requirements of this Agreement and its approvals. Building permits, zoning clearances, or any other governmental reviews or actions do not constitute approval of any plans for purposes of this agreement. 7.6 Work Standards. All work by Licensee under this Agreement shall conform to the standards of the Maricopa Association of Governments and of the City of Apache Junction Engineering Standards (A.J.C.C., Vol ll, Chapter 10), as either may be amended from time to time. All construction by Licensee must comply with applicable noise, light, timing, event planning, dust and other ordinances and policies in effect from time to time. 7.7 Improvement Quality. Any and all work performed on the ROW by Licensee shall be performed in a workman-like manner as reasonably determined by Licensor and shall be diligently pursued to completion and in conformance with all building engineering and public infrastructure codes and similar rules. 7.8 Damage During Work. Upon performing any work upon the ROW, Licensee shall simultaneously restore the ROW to its prior condition, as directed by Licensor and repair any holes, mounting surfaces or other damage whatsoever to the ROW. Such work shall include revegetation and appropriate irrigation systems for revegetated areas as directed by the City's Park and Recreation and 21 Development Services Department Directors or their designees. 7.9 Restoration. Following installation, repair or replacement work performed in the Use Areas, Licensee shall restore disturbed areas of the Use Areas to a condition equal to or better than the condition of the Use Areas immediately prior to Licensee's activities. The preceding sentence does not require Licensee to repair or maintain Licensor's or third party facilities at the Use Area unless such work is attributable in whole or in part to Licensee's use of the Use Area. 7.9.1 Licensee shall repair or replace in accordance with Licensor's standards, rules and policies published from time to time, all pavement, sidewalks, curbs, landscaping and other Licensor improvements of any description that may be damaged in the course of Licensee's activities under this Agreement. 7.10 Coordination with Dry Utility PermitProcess. Licensee shall perform no construction work in the Use Areas without obtaining,through normal processes from Licensor, a permit giving permission to work in the ROW. Licensee shall not alter or perform any work to Licensor's improvements without first obtaining through normal processes from Licensor, a permit giving permission to alter Licensor's improvements. Licensee shall not obstruct traffic without obtaining through normal processes from Licensor, a permit granting permission to obstruct traffic. 7.11 Disturbance of Hazardous Substances. Prior to undertaking any construction or other significant work, Licensee shall cause the Use Areas to be visually inspected for any signs of potential asbestos or other Hazardous Substances. Prior to any work of any description that bears a material risk of disturbing potential asbestos or other Hazardous Substances, Licensee shall cause the contractor or other person performing such work to give to Licensor notice by the method described in this Agreement to the effect that the person will inspect for such materials, will not disturb such materials. Licensee shall cause any storage, inspection, treatment, transportation, disposal, handling, or other work involving Hazardous Substances by Licensee upon the ROW to be performed by persons, equipment, facilities and other resources who are at all times properly and lawfully trained, authorized, licensed, permitted and otherwise qualified to perform such services. Licensee shall promptly deliver to Licensor copies of all reports or other information regarding Hazardous Substances. Licensee shall not use any Hazardous Substances in its pipes, conduit or Communications Plant and if it does so, it shall be subject to the same indemnification, hold harmless and defense obligations as noted in Section 13.6 for any and all claims against the city and its elected officials, officers, appointees, employees and agents. 7.12 Work Classifications. All Licensee Improvements and other 22 construction, repair, maintenance and other work (collectively "Work") shall be divided into three categories ("Heavy Work", "Medium Work" and "Light Work"): 7.12.1 HeavyWork is any work that involves any of the following: 7.12.1.1 Complete blockage of a sidewalk ortrail. 7.12.1.2 Any Work or construction signage closer tothe center of a street than the edge of pavement or back of curb. 7.12.1.3 Any Work that involves workers or equipment within thirty (30) feet of an intersection measured from the closest edge of pavement or back of curb. 7.12.1.4 Any Work that does or is projected to take more than seven (7) calendar days to complete. 7.12.1.5 Any Work that involves excavating more than five (5) cubic yards of dirt, digging more than three hundred (300) feet of trench, or any boring. 7.12.1.6 Any Work that involves any traffic breaks, diversions or interruptions, any temporary or permanent alteration of traffic signals or signs or other traffic control devices, or any rerouting of any traffic. 7.12.2 Medium Work is all Work that is not Heavy Work but involves workers or equipment being used or located within ten (10)feet of any portion of any public street ROW designated for vehicular travel, within one hundred (100) feet of the nearest part of any intersection measured from the closest edge of pavement or back of curb, or upon or interfering in any way with any sidewalk, path or trail. 7.12.3 Light work is Work that is not Medium Work or Heavy Work. 7.13 Street Classifications. All ROW shall be divided into three categories ("Critical Streets", "Large Streets", and "Small Streets") as follows: 7.13.1 Critical Streets are the following: Meridian Drive (Southern Avenue to Baseline Avenue), Ironwood Drive (South of Southern Avenue) and Idaho Road (South of U.S. Highway 60 (aka "Superstition Freeway")). Critical Streets are only the streets named in this paragraph and do not include other streets encircled by or near the Critical Streets. 7.13.2 Large Streets are all streets shown on Appendix A, Figure 16, Recommended Lanes/Street Classifications, 2019 Apache Junction Active Transportation Plan as "2 lanes-Arterial Collector", "4 lanes plus turn lanes", and 23 "Multi-Lane Blvd." General Plan as Major Arterials, Minor Arterials or Collectors. 7.13.3 Small Streets are all Route ROW that is not Critical Streets or Large Streets. 7.14 LichtWork Restrictions. All Light Work shall comply with the following: 7.14.1 Licensee shall obtain all permits. 7.14.2 Licensee shall not perform Light Work to Critical Streets during the hours of 7 a.m. to 9 a.m. or 4 p.m. to 6 p.m. Monday through Friday (collectively "Rush Hours"). 7.15 Medium Work Restrictions. All Medium Work shall comply with all of the restrictions applicable to Light Work and also with the following: 7.15.1 Licensee shall give Licensor ten (10) calendar days advance notice of any Medium Work. 7.15.2 Licensee shall not perform Medium Work to Critical Streets or Large Streets during Rush Hours. 7.16 Heavy Work Restrictions. All Heavy Work shall comply with all of the restrictions applicable to Medium Work and Light Work and also with the following: 7.16.1 Heavy Work is prohibited on Critical Streets during the period from January 2"d to April 151"during any year this Agreement is in effect. 7.16.2 Licensee shall follow the existing construction and traffic control permitting processes for Heavy Work. 7.16.3 Licensee's giving notice under this paragraph is not a substitute for obtaining Licensor's approval of the proposed work. 7.17 Work Restriction Waivers. Licensor's contract administrator shall have authority, but not as an obligation, to grant written exceptions to the provisions of this Agreement that limit the calendar days during which Licensee may conduct Work. 7.18 Licensee shall also conduct all construction activity in any of the three categories pursuant to A.J.C.C., Vol. I, § 10-1-12, Noise. SECTION 8. Licensee's Initial Project Construction. Licensee is not required to construct any portion of the Communications Plant by any particular deadline. 24 SECTION 9. Maintenance and Operations. Except as expressly provided below, Licensee shall be solely responsible for all maintenance, repair and utilities for the Communications Plant the term of this Agreement. Without limitation, Licensee shall perform the following: 9.1 Rightof Inspection. Licensor shall be entitled to inspect all construction, reconstruction or installation work and to make such tests as it deems necessary to ensure compliance with the terms of this Agreement, the Engineering Design Standards, or other applicable laws. All Licensor plans reviews, inspections, standards and other rights and actions with relation to Licensee's Improvements are for Licensor's sole and exclusive benefit and neither Licensee nor any other person shall rely thereon or have any rights related thereto. 9.2 Identification. All Licensee employees, contractors and subcontractors shall wear on their clothing a clearly visible identification card bearing their name and photograph and Licensee's logo or name. Licensee shall account for all Licensee issued identification cards at all times. Every service vehicle of Licensee, its contractors and its subcontractors shall be clearly identified as such to the public. Licensee vehicles shall prominently display Licensee's name and logo. Other vehicles shall prominently display the contractor's or subcontractor's name. 9.3 Construction Notification. Licensor may establish requirements for Licensee to notify nearby residents prior to construction. 9.4 Maintenance by Licensor. Licensor has no maintenance or repair obligations for the Use Areas. 9.5 Maintenance by Licensee. Licensee shall at all times repair and maintain the Communications Plant at the Use Areas at Licensee's sole expense in a sound, clean, safe manner,meeting or exceeding best industry practices of maintenance of comparable facilities in the Phoenix Metropolitan area as determined in Licensor's discretion. SECTION 10. Breach by Licensee. Licensee shall comply with the terms and provisions of this Agreement and shall cause all persons using the Use Areas under the authority granted to Licensee by this Agreement to do the same. Licensee's failure to do so shall be a material breach by Licensee of this Agreement. 10.1 Events of Default. This entire Agreement is made upon the condition that each and every one of the following events shall be deemed an "Event of Default" by Licensee of Licensee's material obligations under this Agreement: 10.1.1 If Licensee shall be in arrears in the payment of Fee Payment due and not paid and shall not cure such arrearage within thirty (30) calendar 25 days after Licensor has notified Licensee of such arrearage. 10.1.2 If Licensee shallfail to keepthe Certificate in effect. 10.1.3 If Licensee shall fail to maintain any insurance required bythis Agreement or the letter of credit current at its full value of Fifty Thousand Dollars ($50,000.00). 10.1.4 If Licensee shall be the subject of a voluntary or involuntary bankruptcy, receivership, insolvency or similar proceeding or if any assignment of any of Licensee's or such other person's property shall be made for the benefit of creditors or if Licensee or such other person dies or is not regularly paying its debts as they come due (collectively a "Licensee Insolvency"). 10.1.5 If Licensee shall fail to comply with the Site Documents and shall not cure such noncompliance beforethe earlierof: 10.1.5.1 The date such non-compliance causes any harm to Licensor. 10.1.5.2 The date thirty(30) calendar days after Licensor gives Licensee notice of such noncompliance. 10.1.6 If the issuer of any letter of credit shall fail for any reason to timely and fully honor any request by Licensor for funds or other performance under the instrument and Licensee fails to cause the issuer to or some other person to honor the request within ten (10) calendar days after Licensor notifies Licensee that such request has not been honored. 10.1.7 If Licensee shall fail to obtain or maintain any licenses, permits, or other governmental approvals pertaining to the ROW or timely pay any taxes pertaining to the ROW and shall not cure such failure within sixty (60) calendar days. 10.1.8 If Licensee shall engage in a pattern of repeated failure (or neglect) to timely do or perform or observe any provision contained herein. After Licensor has once given notice of any failure by Licensee to comply with any provision of this Agreement, the following shall constitute a repeated failure by Licensee to comply with such provision: 10.1.8.1 Another failure to comply with any provision of this Agreement during the following thirty (30) calendar day period. 10.1.8.2 Three (3) or more failures to comply with any provision of this Agreement during any thirty (30) calendar day period. 26 10.1.8.3 Six(6)or more failures to comply with any provision of this Agreement during any six (6) month period. 10.1.9 If Licensee shall fail to or neglect to timely and completely do or perform or observe any other provisions contained herein and such failure or neglect shall continue for a period of thirty (30)calendar days after Licensor has notified Licensee in writing of such failure or neglect. 10.2 Licensor's Remedies. Upon the occurrence of any Event of Default or at any time thereafter, Licensor may, at its option and from time to time, exercise at Licensee's expense any or all or any combination of the following cumulative remedies in any order and repetitively at Licensor's option: 10.2.1 Termination of this Agreementdue to Licensee's breach orfor any other reason does not terminate Licensee's obligations arising during the time simultaneous with or prior to or the termination, and in no way terminates any of Licensee's liability related to any breach of this Agreement. 10.2.2 Pay or perform, for Licensee's account, in Licensee's name, and at Licensee's expense, any or all payments or performances required hereunder to be paid or performed by Licensee. 10.2.3 Abate at Licensee's expense any violation of this Agreement. 10.2.4 Notwithstanding anything in this Agreement to the contrary, unilaterally and without Licensee's or any other person's consent or approval, draw upon, withdraw or otherwise realize upon or obtain the value of any letter of credit, insurance policies, or other deposits, sureties, bonds or other funds or security pledged for Licensor's benefit pursuant to this Agreement and use the proceeds for any remedy permitted by this Agreement. 10.2.5 Be excused without any liability to Licensee thereof from further performance of any or all obligations under this Agreement. 10.2.6 Insist upon Licensee's full and faithful performance under this Agreement and upon Licensee's full and timely payment of all amounts during the entire remaining term of this Agreement. 10.2.7 Require an additional security deposit adequate in Licensor's sole discretion to protect Licensor and the ROW in light of Licensee's history of performance under this Agreement. 10.2.8 Assert, exercise or otherwise pursue at Licensee's expense any and all other rights or remedies, legal or equitable, to which Licensor may be entitled, subject only to the limitation set out below on Licensor's ability to collect money damages in light of the Violation Fee Payment. 27 10.3 Violation Fee Payment. In lieu of certain money damages (the "Inconvenience Costs") (aka "liquidated damages") set out below, the following shall apply to Licensee's violation of certain limited requirements of this Agreement (the "Violation Fee Provisions"): 10.3.1 The Inconvenience Costs are the money damages that Licensor suffers in the form of administrative cost and inconvenience,disharmony among Competing Users, and general inconvenience in ROW use by Licensor, Competing Users, the surrounding property occupants and the general public when Licensee fails to comply with the Violation Fee Provisions. 10.3.2 Licensee's failure to comply with Violation Fee Provisions will result in Inconvenience Costs in an amount that is and will be impracticable to determine in the event of delay or non-performance. Therefore, the parties have agreed that, in lieu of Licensee paying to Licensor as damages the actual amount of the Inconvenience Costs for violating the Violation Fee Provisions, Licensee shall pay Violation Fee Payment. 10.3.3 Violation Fee Payment is only intended to remedy Inconvenience Costs that Licensor suffers because of Licensee's breach of the Violation Fee Provisions. Licensee's payment of Violation Fee Paymentdoes not in any way excuse any breach by Licensee of this Agreement or limit in any way Licensor's obtaining any other legal or equitable remedy provided by this Agreement or otherwise or such breach. For example, Licensee's obligation to pay Violation Fee Payment does not in any way detract from Licensee's indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to Licensee's obligation to pay Violation Fee Payment. 10.3.4 Except as may be expressly stated in this paragraph, no cure period applies to the accrual of Violation Fee Payment. 10.3.5 The Violation Fee Provisions and the amount of the Violation Fee Payment per calendar day or part thereof are as follows: 10.3.5.1 The amount of Five Hundred Dollars ($500.00) per calendar day for Licensee's failure to properly restore the public ROW or to correct related violations of specifications, code, ordinance or standards within ten (10) calendar days after Licensee's receipt of Licensor's written notice to correct such defects is sent, except where such curative efforts by Licensee is precluded by a force majeure event. Such Violation Fee Payment shall be in addition to any cost the Licensor may incur to restore the ROW or correct the violation. 10.3.5.2 The amount of Two Hundred Fifty Dollars ($250.00) per calendar day for each failure to make Licensee's books and records available as required by this Agreement. 28 10.3.5.3 The amount of Four Thousand Dollars ($4,000) for any unauthorized partial or total assignment of this Agreement. 10.3.5.4 The amount of Five Hundred Dollars ($500.00) per instance of any other action or non-action by the Licensee contrary to this Agreement that causes Inconvenience Costs and that is not cured after ten (10) calendar days of Licensee's receipt of written notice from Licensor. 10.3.5.5 The amount of Fifty Dollars ($50.00) per day for failure to provide certificates of insurance. 10.3.6 Violation Fee Payments shall be assessed as follows: 10.3.6.1 If Licensor determines that Licensee is liable for Violation Fee Payment, then Licensor shall issue to Licensee a notice of Licensor's assessing a Violation Fee Payment. The notice shall set forth the nature of the violation and the amount of the assessment. 10.3.6.2 Licensee shall pay the Violation Fee Payment within ten (10) calendar days after Licensor's notice is sent. 10.4 Effect of Abandonment. In addition to Licensor's other rights, if Licensee abandons the Communications Plant during the term of this Agreement, or fails to operate the Communications Plant in accordance with its duty to provide continuous service, Licensor, at its option, may acquire ownership of the Communications Plant; operate the Communications Plant; designate another entity or a consultant to operate the Communications Plant temporarily until Licensee restores service under conditions acceptable to Licensor or until the license is revoked and a new Licensee selected by Licensor is providing service; or obtain an injunction at Licensee's cost for attorney fees and court costs requiring Licensee to continue operations. If Licensor operates or designates another entity to operate the Communications Plant, Licensee shall reimburse Licensor or its designee for all attorney fees, court costs and reasonable costs and damages incurred that are in excess of the revenues from the Communications Plant. Licensor shall give Licensee seven (7) calendar days written notice before operating or designating another entity or consultant to operate the Communications Plant. If Licensee abandons only part of the Communications Plant, then this paragraph shall apply to the part abandoned. A part of the Communications Plant shall be deemed to be abandoned if Licensee fails to respond in the affirmative within sixty (60) calendar days of Licensee's receipt of a written notice from Licensor requesting that Licensee confirm that Licensee is maintaining the part of the Communications Plant and that it is available for use by Licensee's customers. 10.5 Non-waiver. Licensee acknowledges Licensee's unconditional obligation to comply with this Agreement. No failure by Licensor to demand any 29 performance required of Licensee under this Agreement, and no acceptance by Licensor of any imperfect or partial performances under this Agreement, shall excuse such performance or impair in any way Licensor's ability to insist, prospectively and retroactively, upon full compliance with this Agreement. No acceptance by Licensor of Fee Payment payments or other performances hereunder shall be deemed a compromise or settlementof any right Licensor may have for additional, different or further payments or performances. Any waiver by Licensor of any breach of condition or covenant herein contained to be kept and performed by Licensee shall not be deemed or considered as a continuing waiver and shall not operate to bar or otherwise prevent Licensor from declaring a default for any breach or succeeding or continuing breach either of the same condition or covenant or otherwise. No statement, bill or notice by Licensor or Licensee concerning payments or other performances due hereunder, or failure by Licensor to demand any performance hereunder, shall excuse Licensee from compliance with this Agreement nor stop Licensor (or otherwise impair Licensor's ability) to at any time correct such notice and/or insist prospectively and retroactively upon full compliance with this Agreement. No waiver of any description(including any waiver of this sentence or paragraph) shall be effective against Licensor unless made in writing by a duly authorized representative of Licensor specifically identifying the particular provision being waived and specifically stating the scope of the waiver. Licensee expressly disclaims and shall not have the right to rely on any supposed waiver or other change or modification, whether by word or conduct or otherwise, not conforming to this paragraph. 10.6 Reimbursementof Licensor's Expenses. Licensee shall payto Licensor within thirty (30) calendar days after Licensor's demand any and all amounts expended or incurred by Licensor in performing Licensee's obligations after an Event of Default together with interest thereon at the rate of one and one-half percent (1.5%) per month from the date expended or incurred by Licensor. 10.7 Inspection. Licensor shall have access to all portions of the Use Areas at all times and without notice for the purpose of examining, inspecting, evaluating, planning, repairing, designing, maintaining or showing the Use Areas or exercising Licensor's other rights hereunder. Licensee shall promptly undertake appropriate action to rectify any deficiency (identified by Licensor during such inspections or otherwise) in Licensee's compliance with this Agreement. This paragraph does not limit Licensor's other rights of access to the Use Areas elsewhere in this Agreement or otherwise. This right of access is in addition to access rights for Licensor inspectors or other employees and officers acting within their legal authority. 10.8 Breach by Licensor. Notwithstanding anything in this Agreement to the contrary, if Licensor at any time is required to pay to Licensee any amount or render any performance, such amount or performance is not due until thirty (30) calendar days after notice by Licensee to Licensor that the amount has become 30 payable or that the performance is due. 10.9 Right to Setoff and Credit. In addition to its other rights and remedies under this Agreement, Licensor shall have the right to setoff and credit from time to time and at any time, any and all amounts due from Licensee to Licensor, whether pursuant to this Agreement or otherwise, against any sum which may be due from Licensor to Licensee pursuant to this Agreement or otherwise. SECTION 11. Termination. The following provisions shall apply at the expiration of the term hereof or upon any other termination of this Agreement (taking into account any extensions of this Agreement): 11.1 Surviving Obligations. Expiration of this Agreement (or Licensor's termination of this Agreementdue to an Event of Default or any other reason)does not terminate Licensee's obligations existing or arising prior to or simultaneous with, or attributable to, the termination or events leading to or occurring before termination. 11.2 Delivery of Possession. Licensee shall cease using the Use Areas. Licensee shall without demand, peaceably and quietly quit and deliver up the Use Areas to Licensor in as good order and condition, reasonable use and wear excepted, as the Use Areas may now be in or in such better condition as the Use Areas may hereafter be placed. 11.3 New Approvals and Agreements. Upon expiration or termination of this Agreement for any reason, Licensee shall no longer have the right to use the ROW. After such period, any right, if any, for the Communications Plant to be in the ROW shall be pursuant to such new approvals and agreements, if any, and not pursuant to this Agreement. 11.4 Confirmation of Termination. Upon expiration or termination of this Agreement for any reason, Licensee shall provide to Licensor upon demand a confirmation of termination of this Agreement executed and acknowledged by Licensee and by all persons who claim that they have received from or through Licensee any interest in or right to use the ROW. This notice shall also certify Licensee's letter of credit and insurance are current, up-to-date with all required amendments set forth in this Agreement. 11.5 Removal of Improvements. Notwithstanding anything in this paragraph or the remainder of this Agreement to the contrary, if requested by Licensor, Licensee may leave the cable, conduits, other appurtenances, and the remainder of the entire Communications Plant in place in good condition, in working order, with each cable and conduit end properly labeled and enclosed in proper junction boxes, and in safe condition. Licensee shall remove all of the Communications Plant and restore the Use Areas to its prior condition, or to a condition matching Licensor's surrounding land and improvements. Notwithstanding the preceding 31 sentence, Licensee is not obligated to remove horizontal underground conduit, along with cables that are buried directly in the ground without conduits. Such work shall include revegetation and appropriate irrigation systems for revegetated areas. Title to any and all personal property installed by Licensee upon the ROW that is not removed during that period shall automatically vest in Licensor. Licensor shall give Licensee Ninety (90) calendar days notice before requiring removal of the Communications Plant. SECTION 12. Indemnity and Insurance. Licensee shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Licensee, or its employees in the amounts and types set forth below. Failure to do so, may, at the sole determination of Licensor, be declared a material breach of this Agreement and may result in termination. 12.1 Insurance Required. Not later than the date of this Agreement, and at all times thereafter when Licensee is occupying or using the Use Areas in any way, Licensee shall obtain and cause to be in force and effect the following insurance: 12A.1 Commercial General Liability. Commercial General Liability insurance with limits of Five Million Dollars ($5,000,000.00) each occurrence for bodily injury and property damage and, Ten Million Dollars ($10,000,000.00) general aggregate. Coverage shall be written on Insurance Service Office("ISO") occurrence form or a substitute form providing equivalent coverage and shall cover liability arising from premises-operations, independent contractors, products-completed operations, personal injury and advertising injury and contractual liability assumed under an insured contract. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. City, its mayor and council, employees, appointees, and officials shall be included as additional insured parties under Licensee's Commercial General Liability insurance policy with respect to the work performed under this agreement using ISO Additional Insured Endorsements or substitute endorsements providing equivalent coverage. The policy shall contain a waiver of transfer of rights of recovery (subrogation) against City, its mayor and council, employees, officials, appointees and agents. Limits for the commercial general liability, commercial, automobile liability and employer's liability required herein may be attained by a combination of primary and excess/umbrella liability insurance. 12.1.2 Automobile Liability. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles with a combined single limitfor bodily injury and property damage of Five Million Dollars ($5,000,000.00) per accident relating to any ROW work. Coverage shall be written on ISO form or a substitute form providing equivalent liability coverage. Such insurance shall 32 cover hazards of motor vehicle use for loading and offloading. 12.1.3 Workers' Compensation. Such workers' compensation and similar insurance as is required by law and employer's liability insurance with a minimum limit of One Hundred Thousand Dollars ($100,000.00) for each accident, One Hundred Thousand Dollars ($100,000.00) disease for each employee, Five Hundred Thousand Dollars ($500,000.00) policy limitfor disease. All contractors and subcontractors must provide like insurance. 12.2 Policy Limit Escalation. Licensor may elect by notice to Licensee to increase the amount or type of any insurance to account for inflation, changes in risk, or any other factor that Licensor reasonably determines to affect the prudent amount of insurance to be provided. 12.3 Professional Liability Insurance. Professional Liability insurance with limits Five Million Dollars ($5,000,000.00) per claim and aggregate covering the negligent actions of Licensee in the performance of professional services under this agreement under this agreement. 12.4 Form of All Insurance. The insurance policies shall be primary insurance as respects City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Licensee's insurance and shall not contribute with it: 12.4.1 Upon receipt of notice from its insurer(s) Licensee's shall use commercially reasonable efforts to provide City with thirty (30) calendar days' prior written notice of cancellation. 12.4.2 Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-VII, and legally authorized to do business in the State of Arizona. 12.4.3 Policies must also cover and insure Licensee's activities relating to the business operations and activities conducted awayfrom the ROW Verification of Coverage. Licensee shall furnish City with certificate of insurance and blanket additional insured endorsements evidencing the insurance requirements of Licensee before commencement of the work. 12.4.4 Licensee must clearly show by providing copies of insurance certificates and formal endorsements acceptable to Licensor that all insurance coverage required by this Agreement is provided. 12.4.5 Licensee's maintenance of insurance as required by this agreement shall not be construed to limit the liability of Licensee to the coverage provided by such insurance, or otherwise limit Licensor's recourse to any remedy to which Licensor is otherwise entitled at law or in equity. 33 12.4.6 All policies outlined in 12.1.1, 12.1.2 and 12.1.3, shall waive transfer rights of recovery (subrogation) against Licensor and Licensor's employees, officials, representatives, officers and agents (all of whom, including Licensor, are collectively "Additional Insureds"). 12.4.7 All of Licensee's Contractors shall maintain coverage in the same manner as stated herein for Licensee, subject to reduction in the sole discretion of the city manager or his or her designee based on potential exposures and risks of the work being performed by the Contractor. Licensee shall furnish subcontractors' certificates of insurance to the Licensor promptly upon request. 12.4.8 Licensor reserves the right to periodically review and increase the insurance limits to ensure coverage based on the market and risk requirements throughout the term. 12.4.9 All required policies outlined in 12.1.1 and 12.1.2 except workers' compensation must include Licensor and the other Additional Insureds as additional insureds. Licensee shall cause coverage for Additional Insureds to be incorporated into each insurance policy by endorsement with respect to claims arising out of Licensee's operations, activities and obligations under this Agreement. 12.4.10 All policies must require the insurer to endeavor to provide Licensor with at least thirty (30) calendar days prior notice of any cancellation. 12.4.11 All required policies shall require that notices be given to Licensor in the manner specified for notices to Licensor under this Agreement. 12.5 Insurance Certificates. Licensee shall evidence all required insurance by furnishing to Licensor certificates of insurance and endorsements upon inception of this Agreement and with each change in insurance coverage. Certificates must evidence that the policy described by the certificate is infull force and effect and that the policy satisfies each requirement of this Agreement applicable to the policy. For example, certificates must evidence that Licensor and the other Additional Insureds are additional insureds. Certificates must be in a form reasonably acceptable to Licensor. Licensee shall provide updated certificates and endorsements at Licensor's request. 12.6 Indemnity. In addition to all other indemnities and other obligations hereunder, throughout the term of this Agreement and until all obligations and performances under or related to this Agreement are satisfied and all matters described in this paragraph are completely resolved, Licensee (and all other persons using, acting, working or claiming through or for Licensee or this Agreement (if they or their subcontractor, employee or other person or entity hired or directed by them participated in any way in causing the claim in 34 question)), shall jointly and severally pay, protect, indemnify, defend and hold harmless Licensor its elected officials, employees, officers, appointees and agents, contractors, agents and all other Additional Insureds for, from and against: a) any and all claims or harm related to labor, materials, professional services and other work for Licensee's Improvements and any interest, penalties and other expenses which may be imposed, and from any lien thereof or sale or other proceedings to enforce payment thereof; b) any disturbance in Hazardous Substances in the course of the contractor's or other person's work; c) any loss or liability incurred by reason of any Hazardous Substance on or affecting the ROW Use Areas attributable to or caused by Licensee or anyone using the ROW under this Agreement; d) Licensee's use of the ROW; and e) the rights granted to Licensee with respect to the ROW or Licensee's exercise of its rights under this Agreement (the "Indemnity"). e) all costs, damages, expenses incurred by Licensor, its officers, employees, appointees and agents in the defense of any litigation brought by third parties challenging the rightof Licensor to enter into this Agreement with Licensee under Licensor's or other applicable law. Except as otherwise limited by this Agreement, the Indemnity shall include and apply to any and all allegations, demands, judgments, assessments, taxes, impositions, expenses, proceedings, liabilities, obligations, suits, actions, claims (including without limitation claims of personal injury, bodily injury, sickness, disease, death, property damage, destruction, loss of use, financial harm, or other impairment), damages, losses, expenses, penalties, fines or other matters (together with all attorney fees, court costs, and the cost of appellate proceedings and all other costs and expenses of litigation or resolving the claim) that may arise in any manner out of any use of the ROW or other property related to this Agreement or any actions, acts, errors, mistakes or omissions relating to work or services in the performance of or related to this Agreement, including without limitation any injury or damages or cause of action claimed or caused by any employees, contractors, subcontractors, tenants, subtenants, agents or other persons upon or using the ROW or surrounding areas related to this Agreement, including without limitation, claims, liability, harm or damages caused in part by Licensee or any other additional insured or anyone for whose mistakes, errors, omissions or negligence Licensee or Licensor may be liable. As a condition to Licensor's executing this Agreement, Licensee specifically 35 agrees that to the extent any provision of this paragraph is notfully enforceable against Licensee for any reason whatsoever, this paragraph shall be deemed automatically reformed to the minimal extent necessary to cause it to be enforceable to the fullest extent permitted by law. Notwithstanding theforegoing,the Indemnity does not applyto claims arising from the gross negligence or intentionally wrongful acts of Licensor and claims thatthe law prohibitsfrom being imposed upon the indemnitor. The provisions of this paragraph shall survive termination of this Agreement. This indemnification applies even if the party seeking damages makes a claim against Licensor or brings a claim against Licensor based on vicarious liability or non-delegable duty or any other legal theory or theories. Licensee shall pay, indemnify, defend and hold harmless Licensor and the ROW and all interests therein and improvements thereon from any and all such obligations, including any interest, penalties and other expenses which may be imposed, and from any lien thereof or sale or other proceedings to enforce payment thereof. 12.6.1 Claims arising only from the sole negligence or intentionally wrongful acts of Licensor. 12.6.2 Claims that the law prohibits from being imposed upon the indemnitor. 12.7 Riskof Loss. Licensee assumes the risk of any and all loss, damage or claims relatedto Licensee's useof the ROW orother propertyof Licensor,Licensee orthird parties throughout the term hereof. Licensee shall be responsible for any and all damage to its property and equipment related tothis Agreement. 12.8 Insurance to be Provided by Others. Licensee shall cause its contractors or other persons occupying, working on or about, or using the ROW pursuant to this Agreement to be covered by their own or Licensee's insurance in the amounts and coverages required by this Agreement and conforming to the other requirements of this Agreement SECTION 13. Condemnation. The following shall govern any condemnation of any part of or interest in the Use Areas and any conveyance to Licensor or another condemnor in avoidance or settlement of condemnation or a threat of coed em nati on: 13.1 Termination for Condemnation. This Agreement shall terminate as to the part taken on the date that is the earlier of the date title vests in the condemnor, or the date upon which the condemnor is let into possession. 36 13.2 Power to Condemn. Licensee acknowledges that Licensor and others from time-to-time may use the power to condemn the Use Areas or any interest therein or rights thereto. Licensor has not relinquished any right of condemnation or eminent domain over the Use Areas. Licensor does not warrant that Licensor will not condemn the Use Areas during the term of this Agreement, but Licensor does notpresently have intentions to condemn the Use Areas. 13.3 Licensee's Facilities. In the event any of the Use Areas are condemned through an Eminent Domain action by Licensor, Licensee shall be compensated on a fair market value basis the value of Licensee's Facilities by Licensor. SECTION 14. Damage to Use Areas. In the event of damage to or destruction of the Communications Plant by fire, explosion, the elements, the public enemy, or other casualty, Licensee shall commence restoring the casualty damage within thirty (30) calendar days. Licensee shall complete the restoration work within sixty (60) calendar days after commencing the restoration work. Licensee's restoration work shall be subject to the plans approval process and all other requirements for Licensee's Improvements. Licensee shall perform all restoration work at Licensee's sole cost and expense. Licensee shall provide to Licensor no later than the tenth calendar day of each month a written reportof the progress of the restoration work. SECTION 15. Licensee's Records. During the entire term of this Agreement, Licensee shall keep records and provide information to Licensor as follows: 15.1 Scope of Information. Unless otherwise specified, all of Licensee's recordkeeping and disclosure obligations under this article include and are limited to the following cumulative topics as reasonably determined by Licensor (collectively the "Covered Information"): 15.1.1 The status of the construction, repair or restoration of Licensee Improvements. 15.1.2 Information relating to this Agreement or to Licensor's or Licensee's rights or obligations under this Agreement. 15.2 Records Inspection. Licensee shall: 15.2.1 Permit and assist Licensor and its representatives at all reasonable times to inspect, audit, and copy Licensee's records of Covered Information. 15.2.2 Make the records of Covered Information (and reasonable accommodations for Licensor's audit and inspection) available to Licensor at Licensee's offices in Arizona or at Licensor's location. 37 15.2.3 Cause Licensee's employees and agents and accountants to give their full cooperation and assistance in connection with Licensor's access to the Covered Information. 15.2.4 Notwithstanding any provision in this Agreement, Licensee acknowledges and understands that Licensor is a municipal corporation of the State of Arizona and is subject to the disclosure requirements of Arizona's Public Records Act(A.R.S. §§ 39-121, et seq). 15.2.5 Upon request from Licensor, but no more than annually, Licensee shall provide License information relating to this License and Agreement and/or to Licensor's or Licensee's rights or obligations under this License and/or Agreement. Licensee shall make available to Licensor the requested reports or records in the formats in which they are customarily prepared by Licensee. Licensee reserves the right to seek appropriate confidentiality protections for any information to be produced to Licensor. Licensor shall have the right to inspect all books, records, maps, plans, and other like material which relate to License at any time during normal business hours. Such records shall be made available to Licensor by Licensee via electronic delivery. Licensee shall also require its employees, agents, and accountants to give their cooperation and assistance in connection with Licensor's electronic access to such records. 15.3 Record Retention. Licensee shall preserve records of the Covered Information in a secure place at Licensee's corporate headquarters in the continental United States and available to Licensor on requestfor review at City Hall, 300 E. Superstition Blvd, Apache Junction, Pinal County, Arizona for a period ending seven (7)years after the time period reported by the records. 15.4 Record Media Included. Licensor's and Licensee's rights and obligations regarding the Covered Information apply regardless of the type of media, materials, or data repositories that may contain the Covered Information. Licensor's rights to the Covered Information apply regardless of whether the Covered Information is stored on recordings, notes, ledgers, correspondence, reports, drawings, memoranda, or other repository of Covered Information. 15.5 Reports. Upon not less than ten (10) calendar days notice, Licensee shall deliver to Licensor written reports (and, if requested by Licensor, a presentation to Licensor's governing councilor designee)covering such Covered Information as Licensor may request from time to time. 15.6 Standards for Records. Licensee shall maintain a standard, modern system of recordkeeping for the Covered Information and shall keep and maintain proper and accurate books and other repositories of information relating to the Covered Information in accordance with generally accepted accounting principles applied on a consistent basis. 38 SECTION 16. Compliance with Law. Licensee shall perform its obligations under this Agreement in accordance with all federal, state, county and local laws, ordinances, regulations or other rules or policies as are now in effect or as may hereafter be adopted or amended. Without limiting in any way the generality of the foregoing, Licensee shall comply with all and each of the following: 16.1 Future Municipal Legislation. Licensor has not contracted away any of its legislative authority bythis Agreement. 16.2 Applicability of Municipal Law. Without limitation, Licensee shall comply with municipal laws as follows: 16.2.1 Licensee acknowledges that this Agreement does not constitute, and Licensor has not promised or offered, any type of waiver of, or agreement to waive (or show any type of forbearance, priority or favoritism to Licensee with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement now or hereafter imposed by the City of Apache Junction or any other governmental body upon or affecting Licensee, the ROW or Licensee's use of the ROW. 16.2.2 All of Licensee's obligations hereunder are in addition to, and cumulative upon (and not to any extent in substitution or satisfaction of), all existing or future laws and regulations applicable to Licensee. 16.2.3 Licensor by this Agreement cannot and has not relinquished or limited any right of condemnation or eminent domain over the ROW or any other property related to this Agreement or within the ROW. 16.2.4 Licensor's rights and remedies hereunder for Licensee's failure to comply with all applicable Telecommunications Laws supplement, and are in addition to, and do not replace, otherwise existing powers of the City of Apache Junction or any other governmental body. 16.3 Buildina and other Permits. Licensee shall obtain at its own expense all building or other permits, if required, in connection with all construction performed by Licensee, shall comply with all zoning, building safety, fire, public infrastructure,sidewalk, pavement and curb cut and restoration, and similar laws and procedures of every description and shall pay all fees, charges and other amounts pertaining thereto. 16.4 Dry Utility Permit.This Agreement is incorporated by reference into any "dry utility permit" obtained by the Licensee to the extent of allowing the Communications Plant to exist on the ROW but not to allow any construction or other work of any description in the Use Areas or to allow obstruction of traffic or alternation of Licensors improvements. Before performing any work on the ROW, Licensee shall obtain the following additional encroachment permits, as 39 applicable: 16.4.1 Permission to work in the ROW. 16.4.2 Permission to alter Licensor improvements. 16.4.3 Permission to obstruct traffic. 16.4.4 Any other applicable permits regarding work in the ROW. 16.5 Taxes. Liens and Assessments. In addition to all other amounts herein provided and to the extent consistent with applicable law, Licensee shall pay, when the same become due and payable, all taxes and general and special fees, charges and assessments of every description that during the term of this Agreement may be levied upon or assessed upon or with respect to Licensee's use of the ROW, Licensee's operations conducted therein, any amounts paid or other performances under this Agreement by either party, and all of Licensee's possessory interest in the ROW and improvements and other Licensor or Licensee property thereon. 16.6 Change in Law. If a provision of this Agreement is affected by subsequent legislative action,this Agreement shall continue inforce to the extent possible. 16.7 Use Area Regulations. Licensor reserves the right to adopt, amend and enforce against Licensee ordinances, rules and regulations governing the operation of the Use Areas, Licensee's activities therein and thereon, and the public areas and facilities used by Licensee in connection therewith. 16.8 Permits. This Agreement does not relieve Licensee of the obligation to obtain permits, licenses and other approvals from Licensor or other units of government that are required for the erection, construction, reconstruction, installation, operation or maintenance of the Communications Plant or provision of Telecommunications Services; or from compliance with applicable municipal codes, ordinances, laws and policies, such as zoning and land use ordinances and regulations, pavement cut and restoration ordinances and regulations, subdivision and project improvement ordinances, curb cut permits, building permits, ROW permits and the like. SECTION 17. Assignability & Transferability. Licensees shall not assign, sell or transfer its interest in this License without the Licensor's written consent. Notwithstanding the foregoing Licensee, may assign its interest in this License to an affiliated entity that is owned by Licensee or that is owned by the same entity as Licensee without consent of the Licensor; however, Licensee must notify the Licensor of such assignment within ninety (90) days of such assignment. Both Licensee and its transferee or assignee shall however be liable to Licensor for 40 any breach of this Agreement,jointly and severally. SECTION 18. Miscellaneous. The following additional provisions apply to this Agreement: 18.1 Amendments. This Agreement may not be amended except by a formal writing executed by all of the parties. 18.2 Time of Essence. Time is of the essence of each and every provision of this Agreement. 18.3 Survival of Liability. All obligations of Licensee and Licensor hereunder and all warranties and indemnities of Licensee hereunder shall survive termination of this Agreement for any reason. 18.4 Severability. Licensor and Licensee each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring Licensor to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 18.5 Invalidity or Unenforceability.The invalidity or unenforceability of such provision shall not affect the validity of any remaining provisions of this Agreement. 18.6 Automatic Reformation. This Agreement shall be automatically reformed to secure to the parties the benefits of the unenforceable provision, to the maximum extent consistent with law. 18.7 Conflicts of Interest. No officer, representative or employee of Licensee shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement that is prohibited by law. In addition, the provisions of A.R.S. § 38-511 apply to this Agreement. 18.8 Nonliability of Officials and Employees. No official, representative or employee of Licensor shall be personally liable to any party, or to any successor 41 in interest to any party, in the event of any default or breach by Licensor or for any amount which may become due to any party or successor, or with respect to any obligation of Licensor or otherwise under the terms of this Agreement or related to this Agreement. 18.9 Notices. Notices hereunder shall be given in writing delivered to the other party or mailed by registered or certified mail, return receipt requested, postage prepaid addressed to: If to Licensor: City Manager Bryant Powell City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 And Copies to: City Engineer Emile Schmid City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 City Attorney Richard J. Stern City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Licensee: Verizon-Franchises and Right of Way Attm Franchise Manager 600 Hidden Ridge Dr..HQE02E102 Irving,TX 75038 With a Copy to: Veriznn Legal Department Attn: Network Legal Team _13QO I Street,NW 5th floor Washington. DC: 20005 By notice from time to time, a person may designate any other street address be deemed to be complete seven (7) calendar days (excluding Friday, Saturday, Sunday and legal holidays) after the notice is deposited in the United States mail. 18.10 No Partnership.This License is not intended to constitute,create,give rise to, or otherwise recognize a joint venture, agreement, or relationship, partnership, or formal or informal business organization of any kind, and the rights and obligations of the Parties shall be only those expressly set forth. Licensee agrees that no persons engaged by Licensee are City employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. Licensee shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workmen's compensation, unemployment 42 compensation, other benefits, and all related taxes and premiums concerning such persons, and shall save and hold Licensor harmless with respect thereto. 18.11 Entire Agreement.This License, and the exhibits listed below that are either attached and/or on file at City and available for inspection, are incorporated by this reference, and constitute the entire agreement between Licensor and Licensee with respect to this License and supersede all prior negotiations, communications, discussions and correspondence, whether written or oral, concerning this License. No supplement, modification, waiver or amendment of any term of this License shall be binding or effective unless executed in writing by the Parties. No waiver of any provision of this License shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 18.12 Construction. Whenever the context of this Agreement requires, the singular shall include the plural, and the masculine shall include the feminine.This Agreement was negotiated on the basis that it shal I be construed according to its plain meaning and neither for nor against any party, regardless of their respective roles in preparing this Agreement. The terms of this Agreement were established in light of the plain meaning of this Agreement and this Agreement shall therefore be interpreted according to its plain meaning and without regard to rules of interpretation, if any, which might otherwise favor Licensee. 18.13 Funding. This subparagraph shall control notwithstanding any provision of this Agreement or any exhibit or other agreement or document related hereto. If funds necessary to fulfill any Licensor obligations to make payments to Licensee under this Agreement are not appropriated by the Apache Junction city council, and Licensee does not postpone its right to such payment until funds are appropriated, Licensor may terminate this Agreement, by notice to Licensee. Licensor shall use best efforts to give notice of such a termination to Licensee at least thirty (30) calendar days prior to the end of Licensor's then current fiscal period. Termination in accordance with this provision shall not constitute a breach of this Agreement by Licensor. No person will be entitled to any compensation, damages or other remedy from Licensor if this Agreement is terminated pursuant to the terms of this subsection. 18.14 Paragraph Headings. The paragraph headings contained herein are for convenience in reference and not intended to define or limit the scope of any provision of this Agreement. 18.15 No Third Party Beneficiaries. Unless otherwise stated in this Agreement, no person or entity shall be a third party beneficiary to this Agreement or shall have any right or cause of action hereunder. Licensor shall have no liability to third parties for any approval of plans, Licensee's construction of improvements, Licensee's negligence, Licensee's failure to comply with the provisions of this Agreement(including any absence or inadequacy of insurance 43 required to be carried by Licensee), or otherwise as a result of the existence of this Agreement. 18.16 Exhibits. All Exhibits specifically stated to be attached hereto as specified herein are hereby incorporated into and made an integral partof this Agreement for all purposes. 18.17 Attorney Fees. If any action, suit or proceeding is brought by either Party hereunder to enforce this Agreement or for failure to observe any of the covenants of this Agreement or to vindicate or exercise any rights or remedies hereunder, the prevailing Party in such proceeding shall be entitled to recoverfrom the other party such prevailing party's reasonable attorneys' fees and other reasonable litigation costs (as determined by the court (and not a jury) in such proceeding). 18.18 Choice of Law. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or for removal to federal court. It is the intent of the Parties hereto that no attorney fees or court costs shall be awarded in any suit arising from or related to this Agreement, and that the sole remedy shall be an order by the court for specific performance, excluding any and all money damages. 18.19 Force Majeure. Licensor and Licensee each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring Licensor to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 18.20 Approvals and Inspections. All approvals, reviews and inspections by Licensor under this Agreement or otherwise are for Licensor's sole benefit and not for the benefit of Licensee, its contractors, engineers or 44 other consultants or agents, or any other person. 18.21 Recording. This Agreement shall not be recorded. 18.22 Compliance with Federal and State Laws. Licensee understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Licensee and its subcontractors, assignees and permittees hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Licensee and its subcontractors, assignees and permittees further warrant that after hiring an employee, they will verify the employment eligibility of the employee through the E-Verify program. If Licensee uses any subcontractors in performance of services, subcontractors shall be required to comply with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), including verifying the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Licensee is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation, or greater if statutorily permitted. Licensor at its option may terminate this Agreement after the third violation. Licensee shall not be deemed in material breach of this Agreement if Licensee and/or its subcontractors, assignees or permittees establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Licensor retains the legal right to inspect the papers of any Licensee, its subcontractor or assignee or permittee employee who works under this Agreement to ensure that they are complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law 18.23 Prohibition to Contract with Parties who engage in a Boycott of the State of Israel. The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from entering into an Agreement with any Party who engage in boycotts of the State of Israel. Should Licensee or its subcontractors, assignees or permittees under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated as if this Agreement expired with no remaining term or option to extend. Additionally, any such boycott is a material breach of contract and will subject Licensee and its subcontractors, assignees and permittees to monetary damages, including but not limited to, consequential damages. 18.24 Permits & Fees. Unless otherwise provided in this Agreement, Licensee shall secure and pay for all applicable permits, government fees, 45 licenses and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. Licensee shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the obligations. Licensee represents and warrants that any license necessary to perform the services under this Agreement is current and valid. Licensee understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Licensee agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Licensee also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by all applicable laws. If there are taxable activities, a business license shall be converted to a transaction privilege tax license by the Licensee through the City of Apache Junction City Clerk's Office. Further, Licensee agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 18.25 Preferred Installation Locations. Licensee agrees to use its best efforts and will work in good faith with Licensor to accommodate Licensor's requests for fiber optic placements in strategic ROW locations Licensor identifies as being the most beneficial areas that will likely enhance the economic feasibility and practicality for future commercial and industrial businesses that have development interest in the city limits. LICENSEE: MCImetro Access Transmission Services Corp. By: (printed name) Its: Senior Manager Network Engineering&Operations (title) LICENSOR: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Emile Schmid Its. City Engineer 46 APPROVED AS TO FORM: (�g 7, 15 -20 R. Joel tern, City Attorney 47 STATE OF } ) Ss. COUNTY OF 7�4Gi'41 ) .- The foregoing was s scribed anq sworn to before me this day off � r, 20 ! ?, by ;,l5er>_r J , }�� -C� as CR. �-i6+-, NVT j� r F'6 A E_'J •►1 clan vc_corporation/limited liability company.le �Gi PiSs��+/1�s.^-✓f�1-�e.... �.v✓�cL S �j.r A" Q �J Nota blic My Commission Expires: JOHN BRADLEY DUNE i Notary ID#131952939 My Commission Expires March 29,2D23 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of 12f4. , 201,:y by Emile Schmid, as City Engineer of the City of Apache uncion, Arizona, an Arizona municipal corporation. Not ry Public My Commission Expires: MEUSSA L DRAKE 1 � Notary MOO•Aft" Ptnm County COMM381on•657773 Cone eslon ees Noveirdw 30,2022 48 EXHIBIT A LETTER OF CREDIT STANDARDS A) The Letter of Credit shall be issued by a commercial bank acceptable to the Licensor at a local branch inside the City of Apache Junction corporate limits. The bank must meet the following minimum requirements: i) Chartered under the laws of the United States, any state thereof or the District of Columbia and which is insured by the Federal Deposit Insurance Corporation. ii) Licensed lender in the State of Arizona. iii) Long-term, unsecured and unsubordinated debt obligations are rated in the highest categories by either Moody's Investors Service, Inc. (Moody's) or Standard & Poor's Ratings Service (S&P) or their respective successors, which shall mean: Moody's: Aaa, Aal, Aa2, Aa3, Al or A2 S&P: AAA, AA+, AA, AA-, A+ or A B) If at any time the Letter of Credit Issuer requirements are not met, or if the financial condition of such issuer changes in any materially adverse way, as determined by Licensor in its sole discretion, then a replacement Letter of Credit which meets the requirements must be provided to Licensor within five (5) calendar days of receiving written notice from Licensor. C) Original Letter of Credit must be delivered to city engineer with a copy to the city attorney. D) Licensee shall pay all costs associated with the Letter of Credit. E) Within fourteen (14) calendar days after Licensor gives Licensee notice that Licensor has drawn on the letter of credit, Licensee shall cause the Letter of Credit to be replenished to its prior amount. F) Licensor may draw on the Letter of Credit upon any Event of Default, and in the following circumstances whether or not they are an Event of Default: i) Licensee fails to cause the Letter of Credit to be renewed, extended, increased in amount or otherwise maintained as required by this agreement. ii) Licensee fails to make monetary payments required under this Agreement. A-1 iii) The issuer of the Letter of Credit fails to immediately honor a draft on the Letter of Credit or otherwise repudiates or fails to honor Letter of Credit. G) Licensor shall also have such additional rights regarding the Letter of Credit as may be provided elsewhere in this Agreement. H) Letter of Credit Format: i) The Beneficiary must be the City of Apache Junction. ii) The Amount must be fifty thousand dollars ($50,000). iii) The Principal must be the Licensee who is a signatory to the License Agreement. iv) The local bank name &address upon which payment would be drawn must be clearly stated on the face of the document. v) The text identifying the License agreement must be detailed and reflect the specific agreement number. vi) The expiration date will be a minimum of two years. The Expiration Date must automatically extend for one year without amendment. vii) The presentation of draft requirement will be drawn on a local branch in the city limits. viii) The text must contain a partial draft clause that clearly indicates partial draft draws are permissible. A-2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 5. Piz File ID: 25-378 Sponsor: Ted Wolff Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Consideration of approval, retroactive to July 1, 2025, of an amended agreement for bulk fuel between the City of Apache Junction and Senergy Petroleum, LLC, for the term of July 1, 2025 through June 30, 2026, in an amount not to exceed $840,000.00, utilizing the State Cooperative Contract No. CTR063147. City of Apache Junction,Arizona Page 1 Printed on 713012025 r City of Apache Junction Vs-'o Home of the Superstition Mountains DATE: AUGUST 5, 2025 TO: MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: TED WOLFF, PUBLIC WORKS DIRECTOR SUBJECT: BULK FUEL AGREEMENT WITH SENERGY PETROLEUM, LLC Su mmary Before the Council is a retroactive agreement between the City of Apache Junction and Senergy Petroleum, LLC,to provide bulk fuel for an initial term of July 1, 2025,through June 30, 2026, in an amount not to exceed$840,000.00, utilizing the State Cooperative Contract No. CTR063147. Background/Discussion The City used the state cooperative agreement with Synergy in July 2024, and purchased 188,000 gallons of fuel this past fiscal year. The funding source for the fuel purchase is Highway User Revenue Fund ("HURF"). Beginning July 1, 2025,the city would like to enter into another bulk fuel agreement with Synergy Petroleum, LLC using a state cooperative agreement to save procurement costs. Because of a staff scheduling error,the Agreement expired on June 30,2025 and the City now desires to extend the Term of The Agreement retroactive lyfor one additional year pursuant to the terms of the Agreement.The term of the retroactive agreement will be July 1, 2025,through June 30,2026. Recommendation Staff respectfully recommends the council approve the agreement authorizing the city to contract with Senergy Petroleum, LLC for bulk fuel delivery. FIRST AMENDMENT TO AGREEMENT FOR BULK FUEL BETWEEN THE CITY OF APACHE JUNCTION AND SENERGY PETROLEUM, LLC THIS AMENDMENT is made and entered into this 5th day of August, 2025, ("the Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and SENERGY PETROLEUM, LLC,an Idaho limited liability company ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. On August 20, 2024, the Parties entered into an Agreement for the purchase of bulk fuel (the "Agreement') under which City purchased bulk fuel from Contractor utilizing the State Cooperative Contract No. CTR063147. B. Because of a staff scheduling error,the Agreement expired on June 30, 2025 and the City now desires to extend the Term of the Agreement retroactively for one additional year pursuant to the terms of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the Parties agree to amend the Agreement as follows: A. The preamble is deleted in its entirety and replaced with the following: "THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("Licensor" or "City") and SENERGY PETROLEUM, LLC, an Idaho limited liability company ("Contractor"), who shall be collectively referred to as the "Parties" or individually as a "Party," for the project entitled "bulk fuel."" B. Section 5, titled "Contract Term" is hereby amended as follows: "The Term of this Agreement shall commence retroactively on July 1, 2025 and end on June 30, 2026." Except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect until the Agreement is terminated. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. CONTRACTOR: SENERGY PETROLEUM, LLC, an Idaho limited liability company kat�e-4tp4 � By: Katie Atencio _ Its: Contract Specialist CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor ATTEST: Evie McKinney City Clerk APPROVED AS TO FORM: R. Joel Stern City Attorney 2 STATE OF 1 D-LLJO ) ) ss. COUNTY OF�g m l ) The foregoing was subs ribed and sworn t before me this day of I 2025, by.a _nip as ark of Senergy Oetribleum., LLC, an Idaho limited liability company. 1�6tary Public My Commission Expires: I I DEr�iORR S MINTER OTABLIC STATE OF COLORADO NOTARY ID 20074030695 MY COMMISSION EXPIRESAIIGUST 11,2027 STATE OF ARIZONA ) ) Ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2025, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 3 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. PizoNr File ID: 25-383 Sponsor: Raquel Schatz Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Consideration of Resolution No. 25-09, a Federally Patented Easement(FPE) Extinguishment of Stagecoach Road (alignment)from Scenic Street to Tamarisk Street (alignment)for purpose of future development and landscaping that would enhance both parcels of which applicant owns both. City of Apache Junction,Arizona Page 1 Printed on 713012025 Public Works Department Home of the Superstition Mountains Date: August 4, 2025 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 25-09 Stagecoach Road Extinguishment BACKGROUND Federally Patented Easements ("FPEs") were created by federal law and inherited by the city from Pinal County upon city formation and subsequent annexations. They are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of acquisition to serve access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. EXISTING CONDITIONS The Stagecoach Road (alignment) FPE from Junction Street to Tamarisk Street (Alignment) has never been maintained by the city and is not classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. PURPOSE The owner of both properties filed an application for the extinguishment. They are seeking an extinguishment for general landscaping to enhance both their properties and possible future development. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department Home of the Superstition Mountains PROCESS Once the easement has been extinguished, the property owner can landscape between the their two (2) properties meanwhile closing it to the public for safety concerns. RECOMMENDATION Staff recommends extinguishment of the Stagecoach Road (alignment). ACTION REQUIRED After tonight's presentation and discussion, this item will be placed on consent agenda scheduled for August 5, 2025. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 25-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT [STAGECOACH ROAD FROM JUNCTION STREET TO TAMARISK STREET (ALIGNMENT) , ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat. 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, the reason for the FPE extinguishment request is for future development and landscaping that would enhance both parcels to which the applicant owns both; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, under A.R. S . § 9-500 . 24 the city has notified and obtained consent of utility providers; and WHEREAS, on April 18, 2025 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on April 30, 2025, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the city engineer has determined that the easement (s) in question, because of their location, topography, and encroachments therein, have no or de minimis public value. RESOLUTION NO. 25-09 PAGE 1 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council of the City of Apache Junction find that the public roadway easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "'CHIP" WILSON Mayor ATTEST : EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 25-09 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-02-062C) The East thirty-three feet (33' ) of the Southwest quarter of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33' ) and South forty feet (40' ) THEREOF; AND PARCEL 2 (Adjacent to parcel 103-02-063A) The West thirty-three feet (33' ) of the Southeast quarter of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33' ) and South forty feet (40' ) THEREOF; RESOLUTION NO. 25-09 PAGE 3 OF 4 EXHIBIT "B" — I I I I I I I I I I I I I II 1 I ROEVEL I I rl.1m I I I I I I I I I I I I I I I TAMARISK STREET I II 0 I 0 062C� i �063A QI 10 40' 1 �I 40' 0I I o) cNI JUNCTION = _ _STREET O w I - - - - IQ 0 Lu 0 U 1 IZ U Q w 1 01 0I IU O Z 1 UI 1QI I< 01 I� I I I I I I 1ST AVENUE 6 1 LEGEND T1N R8E S22 — — 66' _ 3' ® PROPOSED EXTINGUISHMENT I I PREVIOUSLY EXTINGUISHED 33' T DEDICATED RIGHT-OF-WAY TO REMAIN --- ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE RESOLUTION NO. 25-09 119-086 PATENT DEED(S) co PAGE 4 OF 4 z ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 7. 'Piz File ID: 25-385 Sponsor: Chip Wilson Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 713012025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 25-386 Sponsor: Bryant Powell Agenda Date: 8/5/2025 Index: In Control: City Council Meeting City Manager's Report City of Apache Junction,Arizona Page 1 Printed on 713012025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 9. Piz File ID: 25-333 Sponsor: Bryant Powell Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Presentation and discussion with Republic Services regarding operational updates. City of Apache Junction,Arizona Page 1 Printed on 713012025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. '+PizoN* File ID: 25-387 Sponsor: Eli Richardson Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Announcement of Current Events City of Apache Junction,Arizona Page 1 Printed on 713012025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 11. PizoNr File ID: 25-384 Sponsor: Nicholas Leftwich Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Resolution No. 25-23 of Conditional Use Permit Case P-25-28-CUP, a request by Dane Astle of Edifice Architecture, to permit an event center and venue on Parcel 100-25-043E, zoned "B-1" General Commercial, at the southeast corner of Lost Dutchman Boulevard and Apache Trail. City of Apache Junction,Arizona Page 1 Printed on 713012025 O� PQACHE�Gti Z City of Apache Junction gRIZON� Development Services Department ,., '` P CITY COUNCIL WORK SESSION STAFF MEMO Date : August 5, 2025 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director From: Nick Leftwich, Senior Planner Case Number: P-25-28-CUP Subject: A proposed Conditional Use Permit ("CUP") to permit an event center and venue in the "B-1" General Commercial zoning district. Summary P-25-28-CUP is a request for the approval of a Conditional Use Permit for Parcel 100-25-043E to authorize the operation of an event center and venue, per the requirements of the Apache Junction Zoning Ordinance, § 1-5-3 Non-Residential Use Regulations . The recent Text Amendment Ordinance No. 1563 amended the Zoning Ordinance Land Use Regulation tables to assign the City Council as the decision authority for certain land uses requiring conditional use permits, including the "Event Center & Venues" land use category relevant here . The proposed development comprises a 4, 927 . 5 square foot building, with an adjacent outdoor ceremony area. At this time, only the west half of Parcel 100-25-043E is proposed to be developed, replacing the existing storage use with the new event venue and its associated parking and landscaping. Planning & Zoning Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-25-28-CUP on June 24, 2025 . Please see the attached staff report and exhibits presented to the Planning and Zoning Commission. During the meeting the Planning and Zoning Commission evaluated the proposal and the Conditional Use Permit approval criteria, and subsequently voted 5-0 to recommend approval of P-25-28-CUP, subject to the conditions of approval that were recommended in the Staff Report. Planning& Zoning-Building& Safety-Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 Work Session Update Pursuant to the direction received at the July 14, 2025 City Council work session, staff have updated the Resolution No. 25-23 recommended conditions of approval . Condition 3 has been revised to specifically identify the requirement for a fence east of the venue, in compliance with the proposed site plan. Condition 5 has been revised to prohibit outdoor music, with the exception of brief amplified sound during wedding ceremonies . Attached: - Resolution No. 25-23 - Planning and Zoning Commission Staff Report and attachments (June 24, 2025) Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 RESOLUTION NO. 25-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A CONDITIONAL USE PERMIT IN CASE NO. P-25-28-CUP REQUESTED BY MEHMOOD MOHIUDDIN, REPRESENTED BY DANE ASTLE OF EDIFICE ARCHITECTURE, FOR AN EVENT CENTER AND VENUE ON PROPERTY ZONED GENERAL COMMERCIAL ("B-1") . WHEREAS, a conditional use permit ("CUP") application was submitted on April 8, 2025, to the planning division of the City of Apache Junction ("City") , by Mehmood Mohiuddin, represented by Dane Astle of Edifice Architecture, requesting approval of a CUP to permit the land use of an event center, as described in the materials submitted with case file no. P-25-28-CUP and as otherwise conditionally approved herein, for the property which is legally described below: Parcel 100-25-043E: A portion of the Northwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, more particularly described: as follows : COMMENCING at the Northeast corner of said Northwest quarter, being marked with a brass cap flush stamped LS 21773, and from which point the Northwest corner of said Northwest quarter, being marked with a brass cap in a hand hole, bears South 89 degrees 53 minutes 07 seconds West, 2642 . 19 feet distant therefrom; Thence South 89 degrees 53 minutes 07 seconds West 40 . 00 feet, along the North line of said Northwest quarter; Thence South 00 degrees 03 minutes 04 seconds East, 342 . 60 feet along a line that is 40 . 00 feet West of and parallel with the East line of said Northwest quarter to the POINT OF BEGINNING; Thence North 89 degrees 31 minutes 32 seconds West, 229 . 98 feet, leaving said parallel line; RESOLUTION NO. 25-23 PAGE 1 OF 4 Thence North 87 degrees 58 minutes 44 seconds West, 168 . 38 feet; Thence North 87 degrees 13 minutes 21 seconds West, 170 : 78 feet; Thence North 07 degrees 56 minutes 37 seconds West, 43 . 78 feet, to a point on the Southeasterly right-of-way line of Apache Trail as shown on the ADOT drawing D-11-E-496, Project #088 PN 196 H8308; Thence South 49 degrees 37 minutes 13 seconds West, 60 . 00 feet, along said right-of-way line to a point on the West line of the Northeast quarter of the Northeast quarter of said Northwest quarter; Thence South 00 degrees 02 minutes 47 seconds East, 305 . 74 feet, along said West line to a point on a line 33 . 00 feet North of and parallel with the South line of the Northeast quarter of the Northeast quarter of said Northwest quarter; Thence North 89 degrees 54 minutes 28 seconds East, 620 . 60 feet along said parallel line to a point on a line that is 40 . 00 feet West of and parallel with the East line of said Northwest quarter; Thence North 00 degrees 03 minutes 04 seconds West, 284 . 13 feet, along last said parallel line to the POINT OF BEGINNING. Containing 4 . 173 acres gross and being subject to any and all easements, rights-of-way, restrictions or reservations of record or otherwise. WHEREAS, on June 24, 2025, after holding a public hearing on the application and hearing public testimony and the planning and zoning commission voted 5 : 0 to recommend the approval of the requested CUP to the city council; and WHEREAS, on August 5, 2025, the city council held a public hearing on the application and heard public testimony. RESOLUTION NO. 25-23 PAGE 2 OF 4 WHEREAS, based on public testimony and the applicant' s and staff' s presentations, the commission found that the proposed use, the manner of its conduct on the property will not be detrimental to people residing or working in the area, to adjacent property, to the neighborhood or the public welfare in general based on the factors set forth in the Apache Junction City Code, Volume II, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration, § 1- 16-12 (D) (3) , subsections (a) through (g) . NOW, THEREFORE, BE IT RESOLVED by the mayor and city council that the applicant be granted a CUP for operating an event center on APN 100-25-043E at southeast corner of Lost Dutchman Boulevard and Apache Trail, subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans attached to and associated with case P-25-28-CUP. All development shall meet the requirements of the applicable city codes . 2) This CUP is conditionally approved pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration, § 1-16-12, Conditional Use Permits, Administrative Use Permits and Building Permits . 3) To screen the event venue from future residential development, a 6-foot tall opaque fence shall be constructed along the south and western borders of the property and east of the event venue as depicted on the site plan. 4) All lighting shall comply with Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-10 : Outdoor Lighting Regulations . Lighting shall be "Dark Sky" compliant, wherein all light sources shall be down-lit, fully shielded, and the correlated color temperature ("CCT") shall not exceed 3, 000 Kelvins . 5) Outdoor music is not permitted at any time . The only exception is brief amplified sound during wedding ceremonies, which shall be strictly limited in duration and scope . RESOLUTION NO. 25-23 PAGE 3 OF 4 6) Any signage to be installed on the property must comply with Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 11 : Sign Regulations . Signage should complement the building' s architecture . 7) All music, audio, or noise shall not exceed 60 decibels when measured at 20 feet from the property' s edge or from a complaining party' s building footprint, as required in Apache Junction City Code, Volume I, Chapter 11 : Noise, Article 11-1 : Noise, § 11-1-6 Acts Or Conditions Declared As Excessive Noises . 8) Major deviations or proposed changes from the original plans associated with this case will require a major conditional use permit amendment . The Director or their designee shall interpret the proposed modification to be significant/major if, in the Director or Designee' s opinion, the quality of project design is diminished, and/or the overall character of the project is contrary to the intent and spirit of the original City Council approval . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2025 . SIGNED AND ATTESTED TO THIS DAY OF 2025 . WALTER "CHIP" WILSON Mayor ATTEST: YVETTE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 25-23 PAGE 4 OF 4 Apache Trail Superstition Event Ce " ter oil 2 !im28mCU P City of Apache Junction City Council August 5 , 2025 ° I ;lid •! •'� !�•�!1; '' • fir•/ N,0� •• yr * ' , i i ;. • i , v ;, . ; ••.o ;� - F • • ` . , • fir. • �., c. or; • OF Case Summary , Owl P-25-28-CUP : Request for a WN W4,0 10 Conditional Use Permit for the for operation of an Event Center 0 Nor o Venue at APN 100-25-043E r t• ` ., i ( 2341 N . Apache Trail ) , glow. rr•to. .• r �. C" ... • •.�A � � �• _ . � • �� ter. � • • ► i ,1 1, to Ire oho .. ♦ _ �r. • , • al r • r v / � Nib: — -- • ,61 s RS-54,'PD ` ♦ �� IIPD iA • • • - - R. J ' oc ilk j'A; 1• ' Lr 1 ; E LOST DUTCHMAN BLVD r' V1L'SJpr ' 3Q 73 .' . ROANAY 1 P16_C MUMS EASEV i r' 3 / ♦'> APN 10025043C QG� ♦i r ` Q wo �1/ w ♦` + / EX STAG / ,^♦ +• 40I .t, e „% � APNS 'It Plan u � 1 10025043D I ' . �, •,f f,-, .y , r' ♦ .`,y• 1 1 1 1 ;, I I 1 1 1 1 1 1 1 I I 1 1 I I / C . 'tJ y'v ••�%. - . 'yr � �;/f �w. I A - ' 1 i I 1 1 MLUMES 1 1 I 1 1 1 1 1 1 1 1 i 1 1 1 1 I I 1 1 1 I 1 1 1 1 1 1 1 V�. f a}�IIJ. 4+j� �r ~� •' I I I I 1 1 1 I 1 1 1 I I 1 I I 1 / I �'� `i ♦+' r•. -�]• �'G: / 1 1 �.' � 1•" J r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 L9 •v r ��*yy f''� ��r y ` �; L-t -1- J-J-J--1--L-L -l-1-J'J. -1- -L L-L -1- � - - ~ 7�-� tl w1 .�•� _�, .'�'t y1 it I-�' _ _--� � • • ♦_ �_ _/- -I- -r -• ♦ • � �--_ _ _ _ _ I '�'•� '� I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 - >� T y�� •w y�~, � � . v_r 1 1 I I 1 . 1 1 1 1 1 I 1 1 ' �•• I'1.-5���'• ��1-11 1 I I I 1 1 I 1 1 1 1 1 APN 10085043E 1 I I 1 1 1 1 C, •.ai � C•• + •Y. r.- _ _ - _ -- 1 1 1 I 1 I 1 1 1 1 1 1 L... . . . . . { -vyrfr1' 1 -I - 1 - I- 1--I--�- - - 1 - 1 - I 1 • r, —. ; ������ I�� r +d _ _ _ _ __5�RN AV7 R.wv 1;EV�'' 1 1 1 I 1 I 1 1 1 1 --------- NEW BUILDING ` '1i • - - - - -- 1 1 I 1 1 1 I 1 1 1 1 I r--- -- - -Ll �Illtttttt • �. 4 �� � _ _ _ _ _.-y 1 1 1 1 1 1 1 1 1 1 1 1 t•._ _ _ _ • 1 +V�Lry � r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _ x�'.;,�•� � `• � ~ V. r � ; ~y� t.v ��• ------ 1 1 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 1 1 1 • )/♦r ��.� `� •Y •• +. � Q:�� 1' ,+y ••� � - -1 1 1 1 I I 1 i I I 1 1 I I 1 1 1 I 1 1 �. �� t� - '.M .� -� � - h. �•V 1 1 1 1 1 1 1 i I I 1 1 1 I 1 1 1 1 1 1 - .n,►}►` VI �' +, � �, { V.'./' - - _ _ _ _ _y 1 1 1 1 1 1 i I I 1 1 1 1 1 1 1 1 1 1 •+ �- �� �•� � - y) T .,YE 1 1 1 1 1 1 1 i i i 1 1 1 1 1 1 1 1 1 1 L_ •. + �� :> :i1r i• Y7 � +:Sl�SDI-t _ 1 1_L 1 1 i �_I i j�L 1 1 ) �L� 620 all 1 - - - - - . . . . . . . . - owl too EXTERIOR ELEVATION SOUTH EXTERIOR ELE',,ATION WEST r�r•:.wr .ati+ar wvOrM4fYr wwrr, owwr, M0'A IN �o...ew w•c.w;�.� a.w,xawrrK %MW%%N%NM 0 T.-Am W� el K Q"nr> ,. P�ris i •�a�sa �rres rtro�s i f I EXTERIOR ELEVATION NORTH EXTERIOR ELEVATION EAST 1 _ 13 T 23.1C' 0',4' 1C14' 10'-1? 3?1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BEbOE'S:RQOAI , P;i-ZP RIX T _ f RESTROu�A RESTR�om l RED H...... IL . - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - I O O f_I. El0 L Ll a ❑ ❑ ❑ � ❑ ❑ ❑ ❑ ❑ a a ❑ a ❑ 00a ❑ ❑ a ; 1:1 1:1 1:1 1:1 F-I a0 0 0 c ❑ 1:1 0 o o ❑ a ❑ 11 11 0 0 0 ❑ 0 0 I -OPEN AREA. I 1 Ll 11 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ D D ; ❑ ❑ ❑ ❑ ❑ as ❑ oc ❑ a � ❑ ❑ ❑ ❑ ❑ ❑ F-I ❑ E E El El 30 0 I n D O I STAGE I OPTION I I Public Input • The applicant has complied with the public notification requirements, including a sign posting, mail notification, and a newspaper posting. • A neighborhood meeting for the case was held at the Apache Junction Multi-Generational Center on Tuesday, June 10, 2025 . One neighbor attended and expressed support for the development . • Staff have received two e- mails expressing opposition out of concern for traffic and noise . Planning & Zoning Commission Recommendation • On June 24, 20251 the Planning and Zoning Commission voted 5-0 to recommend the approval of P-25-28-CUP subject to the conditions of approval found in the Staff Report. 1 �- J Updated CUP Conditions of Approval • Due to concerns expressed by the Council at the July 14 Work Session meeting, staff have updated the recommended conditions of approval as noted : 3 . To screen the event venue from future residential development, a 6-foot tall opaque fence shall be constructed along the south and western borders of the property and east of the event venue as depicted on the site plan . 5 . Outdoor music is not permitted at any time . The only exception is brief amplified sound during wedding ceremonies, which shall be strictly limited in duration and scope . 1 �- J Thank You . 1 O� PQACHf✓Gy0 � � 4 U City of Apache Junction `f Development Services Department qP/zo ✓ PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : June 24, 2025 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director FROM: Nicholas Leftwich, Senior Planner CASE NUMBER: P-25-28-CUP OWNER: Mohiuddin Mehmood Trust 2304 Cortez Road Apache Junction, AZ 85119 APPLICANT: Dane Astle, Edifice Architecture REQUEST: A proposed Conditional Use Permit ("CUP") to permit an event center and venue in the "B-1" General Commercial zoning district. LOCATION: The subject site is located near the southeast corner of Lost Dutchman Boulevard and Apache Trail . (APN 100-25-043E) GENERAL PLAN/ ZONING DESIGNATION: Commercial / General Commercial "B-1" SURROUNDING USES : North: General Commercial "B-1" properties; South: Low Density Single-Family Detached Residential "RS-54" properties; East: Low Density Single-Family Detached Residential "RS-54" properties; Cases P-25-28-CUP June 24,2025 Planning and Zoning Commission Staff Report 2 West: Low Density Single-Family Detached Residential "RS-54" properties . BACKGROUND Parcel 100-25-043E is located near the southeast corner of E . Lost Dutchman Boulevard & N. Apache Trail, totaling 4 . 18 acres . The property has been utilized as an RV & boat storage yard since around 2000 . PROPOSALS P-25-28-CUP is a request for the approval of a Conditional Use Permit for Parcel 100-25-043E to authorize the operation of an event center and venue, per the requirements of the Apache Junction Zoning Ordinance, §1-5-3 Non-Residential Use Regulations . The proposed development comprises a 4, 927 . 5 square foot building, with an adjacent outdoor ceremony area. At this time, only the west half of Parcel 100-25-043E is proposed to be developed, replacing the existing storage use with the new event venue and its associated parking and landscaping. PLANNING STAFF ANALYSIS As defined by the City Zoning Ordinance §1-16-12, Conditional uses are those uses that are generally compatible with the land uses permitted by right in a zoning district, but which require individual review and Conditional Use Permit ("CUP") approval of their location, design, operation and configuration along with the imposition of conditions in order to ensure the appropriateness of the use at a particular location. According to §1-5-3 Non-Residential Use Regulations, "Event Centers and Venues" are permitted in the B-1, B-2, B-3, and B-4 zoning districts only after review and approval of a conditional use permit, with a footnote indicating the City Council as the decision authority. Staff finds that the proposed use is consistent with the zoning of the property, but recommend conditions of approval that specifically mitigate potential noise concerns from adjacent residential properties . These conditions are noted in the recommended motion section of this staff report. Cases P-25-28-CUP June 24,2025 Planning and Zoning Commission Staff Report 3 Relationship to General Plan: The subject site is designated by the city' s General Plan as "Commercial, " which is the General Plan land use designation generally designed for office, restaurant, retail, service industry type land uses, which the event venue falls under. The proposed event venue would replace a portion of the legal non- conforming storage yard, which helps facilitate the General Plan Goals (Economic Development Goal 5 . 1, Land Use Goal 11 . 2) to discourage further storage uses and encourage new businesses along our transportation corridors . Zoning/Site Context: The subject property is surrounded by both General Commercial properties to the north along Apache Trail and Low Density Single Family Residential uses in the other directions, as noted: • To the north of the property are "B-1" General Commercial properties, with the Hitching Post restaurant to the immediate north of the subject site . • To the immediate south of the property are vacant Low Density Single-Family Detached Residential "RS-54" properties . • To the east of the property are developed "RS-54" residential properties . • To the west of the property is a vacant "RS-54" residential property, with "B-1" commercial properties to the northwest, across Apache Trail, and recently developed "RS-54" residential properties to the southwest. Pk 1 ,.r AL 441 .ti I M Cases P-25-28-CUP June 24,2025 Planning and Zoning Commission Staff Report 4 Infrastructure & Site Improvements: All necessary and required on-site and off-site improvements, including retention basins, dust-proof surfacing, perimeter fencing, and landscape buffers will be built at the time of development. Public Input: The applicant sent out neighborhood meeting notification letters to the property owners within a three hundred (300' ) radius, notifying neighbors of the proposed development and providing them contact information to learn more about the project. The neighborhood meeting was held at the Apache Junction Multi- Generational Center, 1035 N Idaho Rd, on Tuesday, June 10, 2025, at 6 : 00 PM. One neighbor attended and expressed support for the development. At the time of this staff report, Staff have received one e-mail from an adjacent neighbor regarding the proposed development, which expresses opposition and concern regarding noise and traffic. This e-mail has been included in the attached Public Participation Report. FINDINGS OF FACT FOR CONDITIONAL USE PERMIT As required by the Apache Junction Zoning Ordinance, a Conditional Use Permit request may be approved by the Planning Commission after consideration has been given to seven different criteria. The criteria is outlined in the text below: 1 . Adequacy of roadways, off-street parking, public facilities and services to accommodate the proposed use; Applicant Response: The primary access to the site is off of East Apache Trail, a main arterial road, and the driveway access is already in place. There is existing off-street parking on site and additional parking is being added to the site. With an existing restaurant on an adjacent owner-owned property, the utilities to accommodate this new development. 2 . Negative impacts arising from the emission of odor, dust, gas, noise, lighting, vibration, smoke, heat or glare; Applicant Response: This is an event center so there will be no emission of odor, dust, gas, noise, lighting, vibration, smoke, heat, or glare. The events held here will be family and group Cases P-25-28-CUP June 24,2025 Planning and Zoning Commission Staff Report 5 events and will not produce additional `pollution' to the surrounding area. The emissions are less than a restaurant development. Any sound and lighting issues potentially affecting the neighbors will be addressed by way of sound insulation and light shields. All outdoor activity resulting in music will be restricted to 10: 00pm Arizona Time and any other outdoor activity will be restricted to 12: 00am (midnight) Arizona Time. Visually, outdoor activity will be screened from adjacent properties by way of lining the property line with Mesquites and Palo Verdes. 3 . Contribution to the deterioration of the neighborhood or the negative impact on neighborhood property values; Applicant Response: This event center will be constructed in a high quality and will be improving the currently open storage lot to a usable property bringing activity and community to the area. This development will improve the area and increase property values. 4 . Compatibility with surrounding uses and structures; Applicant Response: There is currently a restaurant to the northeast of this site and it will remain open after the development of this project. The two will function in tandem with each other by continuing to cater to the surrounding community. The design of the Event Center will complement the surrounding area by maintaining a single story design and by using materials matching the adjacent buildings. Apache Junction has a Western, agricultural, and desert heritage, making the barn style an intentional nod to the local history: The barn with silo reflects the region 's ranching and agricultural roots. The design enhances a sense of place and identity, anchoring the development in Southwestern tradition. 5 . Conformance with the General Plan and City policies; Applicant Response: The General Plan lists this property as being a commercial use so an event center will conform with the General Plan and City Policies. 6 . Screening and buffering of uses; and Applicant Response: This project is set back from the road by being on a parcel behind other parcels and the structure itself is set further back than required from the property lines Cases P-25-28-CUP June 24,2025 Planning and Zoning Commission Staff Report 6 allowing it to be screened naturally with landscaping and not intrude on adjacent properties. 7 . Unique nature of the property, use and/or development' s physical characteristics . Applicant Response: The property has minimal street frontage so instead of outfitting East Apache Trail with a new driveway access point, the existing driveway will be used to offer intermingling of the existing and new functions. Existing and new site facilities will be shared and create a campus experience versus isolated functions. The views of the Superstition Mountains were considered heavily when planning and aligning the structure on site creating an event experience unparalleled with anything in the area. PLANNING DIVISION RECOMMENDATION In review of the project proposal, Staff is supportive of the Conditional Use Permit Case P-25-28-CUP and respectfully recommends to the Commission a favorable recommendation to the City Council, subject to the conditions of approval noted below in order to facilitate greater cohesion and sensitivity to the surrounding residential properties . As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of the proposed Conditional Use Permit Case P-25-28-CUP, a request by Dane Astle of Edifice Architecture to permit the use of an Event Center & Venue on Parcel APN 100-25-043E, located near the southeast corner of Lost Dutchman Boulevard and Apache Trail, zoned General Commercial "B-1", subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans attached to and associated with case P-25-28-CUP. All development shall meet the requirements of the applicable city codes . 2) This CUP is conditionally approved pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-16 : Administration, Cases P-25-28-CUP June 24,2025 Planning and Zoning Commission Staff Report § 1-16-12, Conditional Use Permits, Administrative Use Permits and Building Permits . 3) To screen the event venue from future residential development, a 6-foot tall opaque fence shall be constructed along the south and western borders . 4) All lighting shall comply with Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-10 : Outdoor Lighting Regulations . Lighting shall be "Dark Sky" compliant, wherein all light sources shall be down-lit, fully shielded, and the correlated color temperature ("CCT") shall not exceed 3, 000 Kelvins . 5) Outdoor music shall end by 10 : 00 PM, Arizona Time . All outdoor activities shall end by 12 : 00 Midnight, Arizona Time, to prevent disturbances to the neighborhood. 6) Any signage to be installed on the property must comply with Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 11 : Sign Regulations . Signage should complement the building' s architecture . 7) All music, audio, or noise shall not exceed 60 decibels when measured at 20 feet from the property' s edge or from a complaining party' s building footprint, as required in Apache Junction City Code, Volume I, Chapter 11 : Noise, Article 11-1 : Noise, § 11-1-6 Acts Or Conditions Declared As Excessive Noises . 8) Major deviations or proposed changes from the original plans associated with this case will require a major conditional use permit amendment . The Director or their designee shall interpret the proposed modification to be significant/major if, in the Director or Designee' s opinion, the quality of project design is diminished, and/or the overall character of the project is contrary to the intent and spirit of the original City Council approval . ---------------------------------------------------------------- Cases P-25-28-CUP June 24,2025 Planning and Zoning Commission Staff Report 8 Prepared by NiclTolas Leftwich Senior Planner Attachments : Exhibit #1 - Project Narrative Exhibit #2 - Proposed Site Plan Exhibit #3 - Aerial Map Exhibit #4 - Proposed Landscape Plan Exhibit #5 - Proposed Elevations & Floor Plan Exhibit #6 - Public Participation Plan & Report Cases P-25-28-CUP June 24,2025 Planning and Zoning Commission Staff Report architer_tum May 12, 2025 City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 Project Name:Apache Trail Superstition Event Center To Whom it may concern, The proposed project is to construct a new event center on the site known as APN 100-25-043C or address 2341 North Apache Trail, Apache Junction, AZ 85199. The site is currently zoned B-1 General Commercial and the function of this new building is to be an Event Center and Venue. All other existing buildings on the site will remain in place and maintain their current functions. The intended use of this new building will be a place to hold events such as religious worship and wedding ceremonies. The new 5,400 SF building includes restrooms and prep spaces with a large event space consuming a majority of the floor plan. Additionally, there is a matching outdoor event patio for open-air events. Conditional Use Permit Findings of Fact: • Adequacy of roadways, off-street parking, public facilities and services to accommodate the proposed use. o The primary access to the site is off of East Apache Trail, a main arterial road, and the driveway access is already in place. There is existing off-street parking on site and additional parking is being added to the site. With an existing restaurant on an adjacent owner-owned property,the utilities to accommodate this new development. • Negative impacts arising from the emission of odor, dust, gas, noise, lighting, vibration, smoke, heat or glare (Please note if there are any measures to be taken to mitigate sound & lighting impact on the residential neighborhood around the site). o This is an event center so there will be no emission of odor, dust, gas, noise, lighting, vibration, smoke, heat, or glare. The events held here will be family and group events and will not produce additional 'pollution' to the surrounding area. The emissions are less than a restaurant development. Any sound and lighting issues potentially affecting the neighbors will be addressed by way of sound insulation and light shields. All outdoor activity resulting in music will be restricted to 10:00pm Arizona Time and any other EDIFICE 922 N. Gilbert Rd, Suite 103 Mesa, AZ 85203 T 480.580.1116 architer-tum outdoor activity will be restricted to 12:00am (midnight)Arizona Time.Visually, outdoor activity will be screened from adjacent properties by way of lining the property line with Mesquites and Palo Verdes. • Contribution to the deterioration of the neighborhood or the negative impact on neighborhood property values. o This event center will be constructed in a high quality and will be improving the currently open storage lot to a usable property bringing activity and community to the area.This development will improve the area and increase property values. • Compatibility with surrounding uses and structures. o There is currently a restaurant to the northeast of this site and it will remain open after the development of this project. The two will function in tandem with each other by continuing to cater to the surrounding community. The design of the Event Center will complement the surrounding area by maintaining a single story design and by using materials matching the adjacent buildings. Apache Junction has a Western, agricultural, and desert heritage, making the barn style an intentional nod to the local history: The barn with silo reflects the region's ranching and agricultural roots.The design enhances a sense of place and identity, anchoring the development in Southwestern tradition. • Conformance with the General Plan and City policies. o The General Plan lists this property as being a commercial use so an event center will conform with the General Plan and City Policies. • Screening and buffering of uses. o This project is set back from the road by being on a parcel behind other parcels and the structure itself is set further back than required from the property lines allowing it to be screened naturally with landscaping and not intrude on adjacent properties. • Unique nature of the property, use and/or development's physical characteristics. o The property has minimal street frontage so instead of outfitting East Apache Trail with a new driveway access point, the existing driveway will be used to offer intermingling of the existing and new functions. Existing and new site facilities will be shared and create a campus experience versus isolated functions. The views of the Superstition Mountains were considered heavily when planning and aligning the structure on site creating an event experience unparalleled with anything in the area. Please contact me at(480) 580-1116 should you have questions. Sincerely, EDIFICE 922 N. Gilbert Rd, Suite 103 Mesa, AZ 85203 T 480.580.1116 architer-tum Dane Astle, AIA, LEED AP BD+C Principal Architect- Owner EDIFICE LLC EDIFICE 922 N. Gilbert Rd, Suite 103 Mesa, AZ 85203 T 480.580.1116 CARED ARcy e�\F ic.arF 0 63655 VICINITY MAP DANE R. p ASTLE d f hry. 9ned.. �• PROJECT SITE oo o co E LOST DUTCHMAN BLVD E LOST DUTCHMAN BLVD. Lu F- N 00 DQu� N 89'53'07"E o 00 242.25' — — — 1 [If w 2 o � / ROADWAY&PUBLIC UTILITIES EASEMENT o I PG��� o o m Q Q w / I / �P aLu o z UTILITY POLE ,_a .- ----------•, I / 0 0 0 I­__ 0 C E SUPERSTITION BLVD. i � EXISTING FENCING1 L I ITN / EXISTING BULL RIDING AREA I I 1 OVERHEAD I UTILITY �n i/ EXISTING ' PROJECT INFORMATION APN 10025043C I •'/ APN: 10025043E `/Q► �� ��,`� I ,/ ADDRESS: 2341 N APACHE TRAIL,APACHE JUNCTION,AZ 85119 V � , \ > OVERFLOW PARKING LOT �. ZONING: B-1,GENERAL COMMERCIAL ' i LOT SIZE: 181645 SF(4.17 ACRES) — I V CLE ''" , EXISTING OFF-SITE FLOW I BUILDING AREA: 4,994 SF Tm NO PARKING' UNDERGROUND PIPE NTRY / i � DESIGNATION(CURB EXISTING ( ) OR SIGNAGE) RESTAURANT/ I I BUILDING HEIGHT: 35'MAX/32'-8"PROVIDED NEW MOTORIZED %GATE WITH KNOX 44 PARKING REQUIRED: 1 PER 100 SF BOX ACCESS / i ' I (4,994 SF-990 SF[BRIDAL ROOM,STORAGE, PREP]=4,004 SF EXISTING / I 4,004 SF/100 SF=41 PARKING SPACES W EXISTING FENCING j UTILITY POLE ' / / DRIVEWAY \ j I PARKING PROVIDED: 44 PARKING SPACES(+44 OVERFLOW PARKING SPACES) Z i = 5'WIDE PATH TO TRASH % I EXISTING o PARCEL LINESEXISTING I Oa co 'NO PARKING' SHARED TRASH OF J. �;= FENCING / /. j \\ ;I FLOODPLAIN REVIEW �C Z � Q / DESIGNATION CURB / p N OR SIGNAGE) / r / \ I ;I 0 Z EXISTING MOTORIZED / \ PROPOSED DEVELOPMENT IS OUTSIDE OF CURRENT EFFECTIVE AND FUTURE PRELIMINARY O i GATE WITH KNOX / EXISTING \I FEMA REGULATORY FLOODPLAIN(FIRM ISSUE DATE 12.05.2023)AND UNENCUMBERED BY SFHA W U) = O � ROW ,• 27 BOX A CESS j; EXISTING WELL \ RESIDENCE (SPECIAL FLOOR HAZARD AREA)BOUNDARIES AND THEREFORE IS NOT SUBJECT TO FEMA = U Z \ - I FLOODPLAIN DEVELOPMENT REQUIREMENTS. 2 10 R I APN `� I o V o o w Q a. Z / EXISTING z2 , ! - i 10025043D " �� ` o BUSINESS OPERATIONS _ a W = Q FENCING �43' 9"RI- I , Q V♦ V o Q - � - �• -"-- -- ------------- -------- - � - ACTIVITIES SHALL �-- -------- ------- OUTDOOR MUSIC SHALL END BY 10'00 PM,ARIZONA TIME ALL OUTDOOR _ I W END BY 12:00 MIDNIGHT,ARIZONA TIME,TO PREVENT DISTURBANCES TO THE PROJECT TEAM - ' NEIGHBORHOOD. -%7 - - - - - T-T T 'T -I���- I DC ARCHITECT / I 5'WIDE PATH TO TRASH _ - �8 i PARCEL LINES I O ALL MUSIC,AUDIO,OR NOISE SHALL NOT EXCEED 60 DECIBELS WHEN MEASURED AT 20 EDIFICE 0- NEW 6/TALL ACCESS GATE I I I I I I "' TO OVERFLOW PARKING o M I V FEET FROM THE PROPERTY'S EDGE OR FROM A COMPLAINING PARTY'S BUILDING 922 N GILBERT RD, i o - I I I I l o I Z FOOTPRINT,AS REQUIRED IN APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 11: NOISE, SUITE 103 / 1 , I I I I o to ARTICLE 11-1: NOISE,§11-1-6 ACTS OR CONDITIONS DECLARED AS EXCESSIVE NOISES. MESA, AZ 85203 WAITING AREA - I i i I I I I I I T 480.580.1116 &ARRIVAL - -1 _ L -1 _ 1 _ I- A _ L -1 _ 1 _ 1- -1 _ L -1 _ 1 _ I- CONTACT: DANE ASTLE EXISTING � - I �96'0" NEW 6'TALL GATE TO REQUIRED SHARED AGREEMENTS FENCING 7 ; ACCESS STORAGE � I O 10` x NEW 6'TALL VINYL FENCE TO I SHARED ACCESS AGREEMENT: EXCLUSIVE ACCESS TO THE EVENT VENUE PROPERTY,APN / 41'-0" 18'0" SCREEN STORAGE FROM VIEW I I 100-25-043E, IS PROVIDED BY GOING THROUGH A SEPARATE LOT,APN 100-25-043C,A 18'-0" 41'0" 30'-01, , SHARED ACCESS AGREEMENT APPROVING ACCESS TO 100-25-043E,THE EVENT VENUE, I ( i THROUGH APN 100-25-043C WILL BE REQUIRED AS A CONDITION OF APPROVAL. DROP-OFF � I SHARED PARKING AGREEMENT:AS PARKING IS TO BE FLEXED AND SHARED BETWEEN THE _ _ — — I TWO PROPERTIES,APN 100-25-043C AND APN 100-25-043E,A SHARED PARKING AGREEMENT o o � _ _ WILL BE REQUIRED AS A CONDITION OF APPROVAL. o z M APN 10025843E .- - • — NO PARKING � I r DESIGNATION(CURB OR SIGNAGE) CISTERN AND PUMP ASSEMBLY I I OM------------ - � - --- DRAWING FROM EXISTING OUTDOO REMONY WELL-DEFERRED SUBMITTAL I NEW BUILDING I AREA I _ � I LANDSCAPING STORAGE (FUTURE REDUCTION FOR LATER DEVELOPMENT) I T I — SCREEN AREA FOR HVAC EQUIPMENT I SEPTIC I SCREEN TO BE FINISHED IN COMPLIMENTARY MATERIALS TO THE BUILDING FINISHES I I I I I I I I I I # DESCRIPTION DATE L :— 40'-0" I I I I I I S89'54'28"W 620.60' I EXISTING EXISTING FENCING � FENCING CONDITIONAL USE PERMIT 2ND SUB 05.05.2025 N SITE PLAN ARCHITECTURAL SITE PLAN 1"=40'-0" 0' 40' 80' 160' A01 1 and is not the intended use.The use of this map is for informational ArcGIS Web Map purposes only and the City of Apache Junction makes no warranty, Pxpressed or implied,regarding the reliability of the information provided. �r a . DISCLAIMER:This map was produced without benefit of a field survey r'�1 r ' .•,_•. � �` ,�� 1 * ;ram - • / �• •-.f t 7 ee VO t • fit: F - �� AV 4;';ter. • �� r' I �`tiM'' ..• %• •' . -—7, r 1 * I{ i , ? Ail .16 #'� •' LEGEND City of Apache Junction Apache Junction Municipal Boundary Parcels N r� Apache Junction City of Apache Junction Q County Boundary Ephemeral Washes 0 S June 18, 2025 Subdivisions 0 0.07 0.15 mi Content maintained by the Apache Junction GIs Division F / - E LOST DUTCHMAN B LVD / PLANT SCHEDULE / ' / / _ N89° 53' 07" E , ' / ' 242.25' SYMBOL BOTANICAL / COMMON NAME SIZE QTY / / / / w / ZZ / ROADWAY & PUBLIC UTILITIES EASEMENT o TREES / / / = / - - - - - X....-...--..- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ® Chilopsislinearis 15gal. g / ..........................................................................................................................:.:.......................................................................................................................... .......... Desert Willow lull-b / .--•'% co M CO / / O / / I w Lo - / I Nco CO / � / / Fouquieria splendens 15 gal. 18 5 Q o / / : / Ocotillo o� 't / rYw � III / / � 2 / / / w / / / of m / - ® Olneya tesota 24" Box 14 / / I j Desert Ironwood z / / N / / I M / / I ' - `` -- / - / Parkinsonia x 'Desert Museum' „ - �v / / ^ Desert Museum Palo Verde 24 Box 13 Q`P / 'o / , / 0 1 L �� ..� - ITM / � , ' ` ' > APN 10025043C , �3 /" Prosopis x Phoenix / / Q` O rS �� / / / ,< \ + Phoenix Thornless Mesquite 24 Box 22 Z PQ �� ��� / / � " . \ 1Ci // / / / / / /I ` � � � / x Chitalpa tashkentensis 'Pink / / / / � 11 � /v ® Dawn' 15 gal. 8 / / / Pink Dawn Chital a / / / / � \ ` 1 \ "I / i p / / / / '' EXISTING ,� /` /y SHRUBS / / :` - RESTAURANT /` — — / / / / :� / ` /v I Agave parryi 5 gal 17 Parry's Agave Z / -. � .. . 11 W / . .:... � / ... Ambrosia deltoidea / /..,`: ::.` :* k / A "I "I y 0 5 al 22 / / / � � � ...'�♦ Triangleleaf Bursage g / � W / .° O / v ��' Asclepias subulata / J / / : �. ✓ \ \ / �♦ Rush Milkweed 5 gal 3 — Z rn / :: .• I*1 /. PARCEL LINES I Q O J / �/ \ / , �♦ \\ I Baileya multiradiata 1 al 12 � w / / � \ ` � `y, ' � \ I Desert Marigold g z r�I 1. Q 4 / / % ♦� \ = Z / X < 1 � '� v ♦� \ Calliandra eriophylla W Z) Q O C . v\ I \ I I Fairy Duster 5 gal 36 � ♦ EXISTING = W Q z ROW �/ \ RESIDENCE \ o / \ + Chrysactinia mexicana 1 al 7 LU ~ O �, I y — Damianita g O w O,, :: I I^1 \ Q Z O 2 % '... .. . , : ..:......: ..... :. I � � APN I a � w -L = (-) I' V '\ Dasylirion wheeleri 5 al. w IZ \ Q V NQ .:.. : . .. . �, 19 19 I 1 D r eser oon g 19 .° ° 0025043 ! G YD t p PROJECT TEAM . :/.. , : ' ,.. o I \ . O � I ..::::;.:: .%................ ....-..-.- . ........................... ., �JJVVVV�GLc 5 gal ARCHITECT �... .. ..... .. -- ... L / J 1 ................................... \� Golden Barrel Cactus ,.. . _ ... " J .. ... . ,.. : .......... ...:.. , ..•. .,. s. a ..... .....:... .. : E RT R EDIFICE .:....., .. . :.:.. .--.. , . .:, �: 922 W GILB D : . ` .:. :. . ... - .. .: :.. .... Encelia fannosa 3 . .. .:.:. .. ... . ,:...... .: :. .....>. .. :�- ; ..� SUITE 10 .: . ., g 40 }}; :..:..: T MESA, AZ 85203 Q. ; .,..'7. � � � � Brittlebush . .. �l � I I ���T �? I I I I I I I I T 480.580.1116 40 . / .. .....<" .....ti. /. �O r :.....:.;...' .. .. ... .. ::. ... .:.. .. .. . .:.�`.:...;..,�: . :;::.;:'.::..:.:;.'::. .:. ;...::,....... PAIRCELILINE� I I I I I I I I I I CONTACT: DANE ASTLE 1. / . . . r .? _ . / w Euphorbia antisyphilitica % 0 - 0 5 gal 14 / / I I I I I I I ,:I- M Candelilla Euphorbia LANDSCAPE ARCHITECT ,.. <. ,.::. .' - 7. .... - APE I .!.-.: .. .;.. :. .. ,.. . . ... ��'1..i / o cfl ARCHITECTURE C Q / o � is pot I I I I I I I I I I I I I I I I I I I erI ...: la. _ = I 31 BASELINE RD. . Bush Mu y g ii .... . . ......':: .:I. .... TE 102 .. ::.'..: / �� . ::::..' I I I I I I I I I I I I I I I I I I I �/III\��` 6628E . ......... v MESA, AZ 85206 , .. .1 . :. ....:::...: .: .:: .. . .:. ,:�: .- o L — L - 1 - -1 — J - -1 - -�- - �- - L - 1 - 1 - -1 - -1 - -L — L — L — L - 1 - 1 —� 736 .. ..% c " .,(� / T 480 296 8 C C VERETT ... .: :.: .... ( � one / Opunt ONTA T TOM E . , . ..:........... ,. .: .� .:. .:.. . . ,........ . g 20 Beave tail Prlickl Pear . . ,:.. , ..:....:... �, O I, . ..: :. ss00 Q `: A: . o a / O Ruellia penninsularis 5 gal 15 — .. ':.: Wild Petunia — .. o. I ; .: 0 �: �',.: .,, .. . . ...:... ... .. / . .. ...:..:.. .. .. - - - - - - - — — — — - - - - - - — — — — - - - - - - - ondsia chinensis / :. ns:' . . ;,.;.1... :,. ;. .... .:.:•..::..":::-:.'`.;,` :..':::.:::'"•:::< .;: :.. ..:. .:.:.::• :. .. . ,: . : 5 gal 25 .. :.. .. . .: I I I I I I I I I I I I I Jojoba J a ... . . ,. . . .. ;: I / / I I I I I I . . ... .. .... ..,......: .. :. .' ,.: :, .::, ..: .:., o S haeralcea ambi ua . .•: 1 . p g .. . :......, i <r` ::: ::: - - - - - - - - - - - - - - g 38 i - ...:............... . .. ... .. o - -0- .:.�- I I I I I I I I I I I I I � Des Glo allo 5 a Lci a *0•' - - - - - - - I A 0 5 I I I I I I I - - - - - - - Tetraneuriaacaulls :. . .. .. . . - oa � °. e . 1 al 25 o. ,_/` .:�.. 01 I I zCDI: ... Angelita Daisy g I I I I I I I I :.., I I I I I I I - . % .. .. ::. .. . .. .. . .. ` . '3�' .' I I I I I Ii 1 I 1. . ,.� .-..,... .�� . ..,} 1 I I I I I I I . I d& ........ .O. . : .�..., . ....%. .. . .- I:� ' 1. I I I I I I . , CISTERN AND PUMP ASSEMBLY ............. :::::::......... ... . ... ... ° I I I I I I • I i.-0 :.:.':; ,:::.,::,- 1. I I I I I I I I I I I I : : I I I I I REFERENCE NOTES SCHEDULE . O.- ...: - - - - - - - - - - - - - - # DESCRIPTION ATE NEW BUILDING : I -1 I I I I I I I I I I I I D N D Q SYMBOL CODE DESCRIPTION I .., ..,... :.O.`',: : I I I I I I I I I I I I I I I .. :. % 0 : ..>,. . I I I I I I , . :s I .0 ; .. . I I I I I I I ROCK �• . .. J L - - - - - - - L - L - 1 - - J - -� - - �- - - a- - - - - - - - - - - I. .. . ,..,.. .: - 0, :...............:........ . . d decomposed granite. Express Carmel color p p . , . . . , E1 0g ... •. © 2 Depth.at +Nr , 1/2 screened m d r x . I — — — — — — . e . �._T- . C� K 101 - -- - ;;R * ... :..:, - -. . . . O : : . e . . . . : .: . ... .,- .. . :.... ... ... ... :. ....: .. , : : , ,.. . . • �. ...:;.,:* .- . . I. .-1 I--. -.. - 14- .. . . . .. . .::. .. . ..L I �1. ,.. .: .:. . .. :. .. I I I I I I I I I I I I I I I I I I I I . . . . . , . , , : . . ., . - - - - - - - I , .-. , .. - ..•. . . . PRE APPLICATION . ' . - : % I I I I I I I I I I I I I I r ... ,:...:.. .. ... . .. '... l.. ..:. :..: . . :. . ... .: : .. . .. : . ... . .:: . . { : . . :. ..... .:. : .. . , . . . . . .: .. . ... '... .:... ... .1.. ,... ..... ... ..:..: 01.09.2025 :' ��. .: ....: :' . . . • . . . 1ST SUBMITTAL .. .: ........... . 1. � I I I I I I I I I I I I I I I I I I I , .. .:. . : . . . ,.. ........ . ..... :. I I I I I I I I I I I I I I I I I I I . ....... ::.. '. feet — — — — — 1. : I 0 30 60 90 I I I I I 7L7Lr����� ,.. . ... .::..::.:.... .�.: ::.'. :... ... I I I I I I I I I I I I I I �... . PRELIMINARY : 1. � `- .( ****� � ' I I I I I I I I I I I I I I :,:. -t o I. Y . .1 - : , :: .. : .0., LA PE _ f:` _ W I I _ I I I I I L I I —I� SCALE:1 = 30 S�9 54 2� 620.60' LAN L- I I I I -1 Ll 4 l All sue% rT ICATF O O � 63655 DANE R. p ASTLE h: CLEAR GLAZING IN WHITE PAINTED GRAY STANDING SEAM 9ned�•'',;: BLACK METAL FRAMING WOOD SIDING METAL ROOF f M L 0 O O ....... .... U) -O U00 tY L in L co J z I L N M O - _ Z W pl" W -J Z _ Qo o 00 EXTERIOR ELEVATION_SOUTH o Of NQ 3/16"= 1'-0" ~ C) W Z Wtn of OC O ° _ W = z C� W H 0 of aa z Z = a W = oQ 2 co PROJECT TEAM ARCHITECT EDIFICE 922 N GILBERT RD, CLEAR GLAZING IN WHITE PAINTED GRAY STANDING SEAM GALVANIZED CORRUGATED SUITE 103 BLACK METAL FRAMING WOOD SIDING METAL ROOF METAL CLADDING MESA, AZ 85203 T 480.580.1116 CONTACT: DANE ASTLE -- M Hill AM- i II = i co N coFF ti # DESCRIPTION DATE EXTERIOR ELEVATION NORTH CONDITIONAL USE PERMIT 2ND SUB 05.05.2025 EXTERIOR ELEVATIONS N/S L A201 ED At? ICATF O O � 63655 DANE R. p ASTLE h: GALVANIZED CORRUGATED CLEAR GLAZING IN GRAY METAL GRAY STANDING SEAM WHITE PAINTED S/9ned°•'' METAL CLADDING BLACK METAL FRAMING PANEL CLADDING METAL ROOF WOOD SIDING co co co w � � O U tYW � L W co J z N N 777 liv I L �/ Lo / op 0-0 M / / (V / O fl F- ' z 91 W W -J z O - a _ o 00 EXTERIOR ELEVATION WEST o� o Of NQ 3/16"=V-0" ~ C) W Z LJt) re Of 0 o _ Lu 2 = z C� WH0of -) aa z Z = a W = oQ Qu) u 2 Na PROJECT TEAM ARCHITECT EDIFICE 922 N GILBERT RD, WHITE PAINTED CLEAR GLAZING IN GRAY METAL GRAY STANDING SEAM GALVANIZED CORRUGATED SUITE 103 WOOD SIDING BLACK METAL FRAMING PANEL CLADDING METAL ROOF METAL CLADDING MESA, AZ 85203 T 480.580.1116 CONTACT: DANE ASTLE Am ti M N co # DESCRIPTION DATE EXTERIOR ELEVATION EAST CONDITIONAL USE PERMIT 2ND SUB 05.05.2025 3/16"=V-0" EXTERIOR ELEVATIONS E/W A202 D At? ICA O 63655 DANE R. ASTLE 12) lo') 10 cli F Lu Lo 00 F- 5 r14 00 c/) < V� CD 00 6u) 't [If Lu F- �- 7- ry Lu 00 (D z I L A201 IV I 11 90.-oll 231-211 13'-7" 23-10" 8'-4" 10'4" 101-91. I F- 301 z - — — — — — LLI 30 — — — — — — — — — — — — — — —/ - - - - I - - - v yyyyyyyyy yyyyyyyyy4j I --/----i > LLI > > ICE > ❑ I -------- > > > > > BRIDE'S:ROOM 1 PREP ROOM UTILITY r---1 > RESTROOM RESTROOM7 I 0 00 -7------ Z Z N REF IN < F— Z) LLJ cl) ib� 0 0 �z — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — C? 0 C) uj z ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ i 0 Lu 0 ow 0. z Z El El El El El F1 1-1 F-1 0. LU w < C) co 0- 04 < El El El 1:1 El D D E D D D E D PROJECT TEAM I (T 9) ARCHITECT C? C? ;zr / OPEN AREA Lo C14 A301 I A301 04 Lo EDIFICE cli 04 c:) C) 922 IN GILBERT RD, SUITE 103 El ❑El ❑El ❑El ❑El ❑Fl ❑Fl ❑Fl A MESA, Z 85203 T 480.580.1116 1:1 El El El El El F-1 F-1 CONTACT: DANE ASTLE 11 El El El El 11 F-1 F-1 11 11 El 11 El El El El F-1 F-1 7 F1 7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- I I 0 0 0 0 STAGE OPTION 0 0 0 0 u- - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- — 1 301 9 0._O< # DESCRIPTION DATE A201 CONDITIONAL USE PERMIT 2ND SUB 05.05.2025 FLOOR PLAN FLOOR PLAN 1/8"=11-01. ol 4' 8' 161 L I A101 architecture April 9, 2025 City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 Citizen Participation Plan for Apache Trail Superstition Event Center Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, neighbor associations, agencies, schools, and businesses in the vicinity of the site of an application for proposed Apache Trail Superstition Event Center development. The site is located at 2341 North Apache Trail, at the intersection of North Apache Trail and East Lost Dutchman Boulevard. The proposed project is to construct a new event center on the site.The site is currently zoned B-1 General Commercial and the function of this new building is to be an Event Center and Venue. All other existing buildings on the site will remain in place and maintain their current functions. This plan is to ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Contact: Dane Astle, Architect—dane@edifice.build Nicholas Leftwich, Senior Planner—nleftwich@apachejunctionaz.gov Pre-Application: The pre-application submittal with City of Apache Junction planning staff was made on January 9th, 2025. Staff reviewed the application and recommended that adjacent residents, nearby registered neighborhoods, and nearby Homeowners Associations be contacted. Action Plan: To provide effective citizen participation in conjunction with their application, the following actions will be taken to provide opportunities to understand and address any real or perceived impacts that the development may have on members of the community. EDIFICE 922 N. Gilbert Rd, Suite 103 Mesa, AZ 85203 T 480.580.1116 architer_tum 1. A contact list has been developed for citizens and agencies in this area including: • All registered neighborhood associations within 300 feet of the project. • Homeowners Associations within 300 feet of the project. • Property owners within 300 feet from the project. 2. All persons listed on the contact list will receive a letter describing the project, site plan and elevations, with an invitation to comment via the contact information. Schedule: Pre-Application Submittal: January 9, 2025 Pre-Application Comments: January 30, 2025 Conditional Use Permit Submittal: March 8, 2025 Mailing of Notification Letters: TBD (15 Days Before Hearing) City Hearing: TBD Sincerely, a4- Dane Astle, AIA, LEED AP BD+C Principal Architect- Owner EDIFICE LLC EDIFICE 922 N. Gilbert Rd, Suite 103 Mesa, AZ 85203 T 480.580.1116 architer-ture June 18, 2025 City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 Project Name: P-25-28-CUP Apache Trail Superstition Event Center Neighborhood Meeting Report To Whom it may concern, A neighborhood meeting was held as advertised on June 10th 2025 at 6pm at the multi generational center Room 119 in Apache Junction. Overall only one person attended the meeting that was not involved in the project. The closest neighbor, Bambi Johnson. She had great things to say and is supportive of the project suggesting no changes. We stayed at the venue with Sidney and Mo until 45 minutes past 6pm. No others participated. Please contact me at(480) 580-1116 should you have questions. Sincerely, Dane Astle, AIA, LEED AP BD+C Principal Architect- Owner EDIFICE LLC EDIFICE 922 N. Gilbert Rd, Suite 103 Mesa, AZ 85203 T 480.580.1116 2 DAw : gs—fL� �2Z N. 4►�-PAP-c pP. �2v 58b - M6 4 SiD NVI1 uW*riio — -65 S, rwfN LANs"' 1 'u fl-{ N 60-tEL P'D City of Apache Junction Public Notice CONDITIONAL USE PERMIT PUBLIC HEARING _ PLANNING & ZONING COMMISSION DATE: Tuesday 6/24/25 TIME: 7:00 PM -` CITY COUNCIL PUBLIC HEARING DATE: Tuesday 815125 TIME: 7.00 PM CASE #: P-25-28-CUP " y APPLICANT: Dane Astle PHONE#: 480-580-1116 PLACE: 300 E. SUPERSTITION BLVD. APACHE JUNCTION, AZ 85119 REQUEST TO: Obtain a conditional use permit to construct an Event Y� Center and Venue in the B-1 General Commercial zoning district PROJECT NAME: Apache Trail Superstition Event Center PROJECTADDRESS: 2341 North Apache Trail.Apache Junction,AZ 85119 CITY CLERK: EVIE NICKINNEY - �i • FOR INFORMATION CALL PLANNING OFFICE 484414 •i Z. Ae _ �- Outlook [External] Opposition to Case P-25-28-CUP — Proposed Event Venue at Lost Dutchman Blvd & Cortez Rd From Hannah Nissen <hannahmnissen@gmail.com> Date Wed 6/18/2025 10:57 AM To Nicholas Leftwich <nleftwich@apachejunctionaz.gov> Dear Mr. Leftwich, I am writing to formally express my strong opposition to the Conditional Use Permit (Case P-25-28- CUP) for the proposed event venue at the southwest corner of Lost Dutchman Boulevard and Cortez Road. As a homeowner directly across the street from the proposed site, I am deeply concerned about the significant negative impact this project will have on the peace and livability of our neighborhood. The applicant already owns a nearby business that regularly operates at extremely loud volumes, often late into the night, disrupting the quiet residential atmosphere. The addition of an event venue in such close proximity would only exacerbate these disturbances. This area is primarily residential, and introducing a high-traffic, late-hour commercial venue so close to homes is not appropriate for the zoning or the community. We already struggle with noise, and the potential for increased traffic, parking issues, and safety concerns makes this proposal unacceptable. I strongly urge the Planning and Zoning Commission and the City Council to deny this Conditional Use Permit. I ask that my comments be included in the official record for the upcoming public hearings. Thank you for your time and consideration. Hannah Nissen 2273 N Cortez Rd Apache Junction 85119 (480)381-1704 Outlook [External] Opposition to Case P-25-28-CUP — Proposed Event Venue at Lost Dutchman Blvd & Cortez Rd From Benjamin Nissen <benjaminridleynissen@gmail.com> Date Mon 6/23/2025 9:01 PM To Nicholas Leftwich <nleftwich@apachejunctionaz.gov> Dear Mr. Leftwich, I am writing to formally express my strong opposition to the Conditional Use Permit (Case P-25-28- CUP) for the proposed event venue at the southwest corner of Lost Dutchman Boulevard and Cortez Road. As a homeowner directly across the street from the proposed site, I am deeply concerned about the significant negative impact this project will have on the peace and livability of our neighborhood. The applicant already owns a nearby business that regularly operates at extremely loud volumes, often late into the night, disrupting the quiet residential atmosphere. The addition of an event venue in such close proximity would only exacerbate these disturbances. This area is primarily residential, and introducing a high-traffic, late-hour commercial venue so close to homes is not appropriate for the zoning or the community. We already struggle with noise, and the potential for increased traffic, parking issues, and safety concerns makes this proposal unacceptable. I strongly urge the Planning and Zoning Commission and the City Council to deny this Conditional Use Permit. I ask that my comments be included in the official record for the upcoming public hearings. Thank you for your time and consideration. Benjamin Nissen 2273 N Cortez Rd Apache Junction 85119 4802980254 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _1 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. 'Piz File ID: 25-388 Sponsor: Michael Morris Agenda Date: 8/5/2025 Index: In Control: City Council Meeting Presentation and discussion of first amendments to the agreements between Entellus and the City of Apache Junction, not to exceed $200,000.00 per year for the Master Planned Communities of Radiance (DU1)and Blossom Rock (DU2)for engineering plan review. The term of the agreements will be from August 6, 2025, through June 30, 2028. City of Apache Junction,Arizona Page 1 Printed on 713012025 O� PQACHE✓G�� a . y z City of Apache Junction Development Services Department `M'` gRIZONP Date: August 4, 2025 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Michael Morris, Engineering Manager Subject: August 4, 2025, City Work Session Item: An amendment to the contract agreement with Entellus, Inc. , to assist in engineering reviews for Superstition Vistas Background Construction at Superstition Vistas commenced during the summer of 2022 . As part of their development plan, DR Horton and Brookfield Residential ("developers") agreed to pay for outside consultants to perform civil plan review and inspections . An escrow account was created for each developer to pay for the agreed upon civil review and inspection services . As a result, Entellus Inc. was chosen in January of 2022, to be the consultant to represent the City. As mutually agreed upon, Entellus invoices the City each month for services rendered and the invoices are paid from the respective developer funded escrow accounts . For over three years, Entellus has served the City well . As the terms of the original contract are nearing an end, both parties desire to extend the term of the Agreement for three additional years . The rates have been adjusted based on the US Government' s published data by the Bureau of Labor Statistic' s Employment Cost Index. Staff Recommendation Staff recommends approval of the proposed contract agreement. Professional Services Agreement with Entellus August 4,2025 -City Work Session O� PQACHE✓G�� a z City of Apache Junction Development Services Department .... gRIZONP Attachments: • First Amendment to the Agreement between the City of Apache Junction and Entellus, Inc., for Engineering Review Superstition Vistas Development Unit #1 - DR Horton • First Amendment to the Agreement between the City of Apache Junction and Entellus, Inc., for Engineering Review Superstition Vistas Development Unit #2 - Brookfield Residential Professional Services Agreement with Entellus August 4,2025 -City Work Session FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ENTELLUS, INC., FOR ENGINEERING REVIEW SUPERSTITION VISTAS DEVELOPMENT UNIT #1 - DR HORTON THIS FIRST AMENDMENT is made and entered into this day of , 2025, ("the Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and ENTELLUS, Inc., an Arizona corporation ("Consultant"), who shall be collectively referred to as the "Parties", or individually as a "Party". RECITALS A. On January 19, 2022, the Parties entered into consulting services agreement (the "Agreement") under which City hired Consultant for engineering plan review for SV DU#1 (DR Horton). B.The Parties desire to extend the term of the Agreement for three(3)years (the "First Amendment")from August 6, 2025 through June 30, 2028. AGREEMENT A. Section 1. CONSULTANT'S DUTIES: Consultant agrees to continue to perform the professional services as detailed in Exhibit A, "Duties and Prices." B. Section 2. COMPENSATION: In accordance with the terms and conditions of the Agreement, City shall compensate Consultant for professional services in an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) per year, (DU1-DR Horton) in accordance with the price sheet set forth in Exhibit A. C. Section 3.TERM/RENEWAL:The obligations under this First Amendment shall be effective beginning on August 6, 2025 and shall remain in full force and effect through June 30, 2028, unless otherwise terminated or renewed pursuant to the Agreement. 2. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 3. NOTICES: All notices to a Party required under this First Amendment shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Michael Morris, Engineering Manager 300 East Superstition Boulevard Apache Junction, AZ 85119 Email: mmorris@apachejunctionaz.gov If to Consultant: Entellus, Inc. Tim Crall, Project Manager 3033 N. 4.Wh St., Suite 250 Phoenix, AZ 85018 Email: tcrall@entellus.com D. Except as expressly amended herein, all other terms and provisions of the Agreement executed by the Parties shall remain in full force and effect until the Agreement is terminated or all obligations have been performed. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT: Entellus, Inc., an Arizona corporation iz '/ By: William A Linck Its: President CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor Yvette McKinney, City Clerk 2 APPROVED AS TO FORM: R. Joel Stern, City Attorney STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) }h The foregoing was subscribed and sworn to before me this day of Jun e , 20 E5, by William A Linck, as President of Entellus, Inc, an Arizona corporation. 4Nry Public My Commission Expires: ,Yu��l I c� a o a�7 c�'""� PATTI Public -ArR a Notary Public-Arizona S Maricopa County s Commission p 650762 nn' My Comm.Expires Jul 16,2027 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 3 Exhibit A Duties and Prices Task 1: Engineering Review Services Based on the MPC Plan and preliminary documents for DU1, the following reviews may be required. A. Preliminary Plat(s) B. Preliminary Commercial Site Plans C. Preliminary/Mass Grading Plans D. Preliminary & Final Drainage Report E. Traffic Impact Statements/Assessments F. Other Technical Reports G. Subdivision Final Plats H. Legal Descriptions I. Easement Documents J. Maps of Dedication K. Final Commercial Site Plans L. Subdivision Improvement Plans M. Offsite Roadway Infrastructure N. Utility Plans O. Commercial Site Plan Improvement Drawings P. Landscape Plans Q. Street Light Plans R. Traffic Signal Plans S. Storm Water Management Plans T. Others—To Be Identified In The Course of Development Applications Task 2: Miscellaneous Engineering Services Entellus may provide miscellaneous engineering services to support the City and/or the developer of DU1. Services will be approved in advance by both the City and DU1 developer. Assumptions and Conditions 1. Conduct on-site and off-site civil engineering improvement plan reviews for development projects in accordance with current City of Apache Junction Design Standards and procedures and MAG Uniform Standard Details for Public Works Construction and approved MPC Plan and master reports. 2. Provide redline and review comments to applicants in the City's current format and using any prescribed City platform or programs. 3. Reviews will be completed remotely at Entellus' staff or subconsultant's workplace. 4. Entellus will provide a project manager and principal development services engineer plus additional support staff in areas of expertise such as drainage, survey, plats, etc. to assist City staff with civil plan review. Traffic and landscape design reviews will be completed by Lokahi-subconsultant. 5. Hours worked will be as necessary to meet the agreed upon target schedule for review turn-around time with the City and developer-or better. 6. Correspond or meet with development services applicants in conjunction with the City staff. 7. Coordinate and attend staff/developer meetings. 8. Act in consulting and/or advisory roles to the City on subjects which fall within Entellus's area of competence and as requested by the City. 9. Exhibit A reflects staff positions and rates to provide these services including subconsultants. 10. Entellus agrees to perform the above listed services on a Time and Materials (Not to Exceed) basis. This includes time for administration, quality control, scope management, schedules, adherence to budget, invoicing and additional tasks that may be requested by the City in addition to the primary engineering plan review tasks described herein. 11. Entellus is employed by the City, reports directly to the City and will immediately notify the City of any potential, apparent or actual conflicts of interest or irregularities with developers. 12. City will be billed monthly based on the amount of work completed for each task and invoiced each month for services performed during the previous month. Payment is due 30 days from the date of the invoice. Price Sheet- Rates and Fees STANDARD CHARGE RATE SCHEDULE ENTELLUS Principal/Sr. Project Manager/Sr. Plan Reviewer $250/hour Sr. Plan Reviewer- Hydrology/Hydraulics/Drainage $205/hour Sr. Plan Reviewer- Survey $190/hour Plan Reviewer- Civil $160/hour Jr. Plan Reviewer-Civil $115/hour Construction Manager $180/hour Sr. Inspector $140/hour Inspector $115/hour Project Coordinator/Administrative $95/hour Engineering/Construction/Administration Intern $65/hour LOKAHI Principal Traffic Reviewer $243.54/hour Sr. Traffic Reviewer $215.87/hour Sr. Landscape Architect Reviewer $215.87/hour Traffic Reviewer II $193.73/hour Traffic Reviewer I $177.12/hour Project Coordinator/Administrative $94.10/hour Reimbursables....................................................................Cost Entellus' and Lokahi's Rates may be adjusted annually based on US Government's published data by the Bureau of Labor Statistic's Employment Cost Index for total compensation, private industry workers by area - United States, West Census region, and the Phoenix-Mesa-Scottsdale, AZ MSA, not seasonally adjusted. FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ENTELLUS, INC., FOR ENGINEERING REVIEW SUPERSTITION VISTAS DEVELOPMENT UNIT #2 - BROOKFIELD THIS FIRST AMENDMENT is made and entered into this day Of , 2025, ("the Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and ENTELLUS, Inc., an Arizona corporation ("Consultant"), who shall be collectively referred to as the "Parties", or individually as a "Party". RECITALS A. On January 19, 2022, the Parties entered into consulting services agreement (the "Agreement") under which City hired Consultant for engineering plan review for SV DU#2 (Brookfield). B.The Parties desire to extend the term of the Agreement for three(3)years (the "First Amendment")from August 6, 2025 through June 30, 2028. AGREEMENT A. Section 1. CONSULTANT'S DUTIES: Consultant agrees to continue to perform the professional services as detailed in Exhibit A, "Duties and Prices." B. Section 2. COMPENSATION: In accordance with the terms and conditions of the Agreement, City shall compensate Consultant for professional services in an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) per year, (DU2-Brookfield) in accordance with the price sheet set forth in Exhibit A. C. Section 3.TERM/RENEWAL:The obligations under this First Amendment shall be effective beginning on August 6, 2025 and shall remain in full force and effect through June 30, 2028, unless otherwise terminated or renewed pursuant to the Agreement. 2. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 3. NOTICES: All notices to a Party required under this First Amendment shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Michael Morris, Engineering Manager 300 East Superstition Boulevard Apache Junction, AZ 85119 Email: mmorris@apachejunctionaz.gov If to Consultant: Entellus, Inc. Tim Crall, Project Manager 3033 N. 441h St., Suite 250 Phoenix, AZ 85018 Email: tcrall@entellus.com D. Except as expressly amended herein, all other terms and provisions of the Agreement executed by the Parties shall remain in full force and effect until the Agreement is terminated or all obligations have been performed. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT: Entellus, Inc.,;an A 'zona corporation By: William A Linck Its: President CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor Yvette McKinney, City Clerk 2 APPROVED AS TO FORM: R. Joel Stern, City Attorney STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) The foregoing was subscribed and sworn to before me this day of , ti,kh(- , 20?.' , by William A Linck, as President of Entellus, Inc, an Arizona corporation. r Public My Commission Expires: Ecc PATTI AGUILAR a Notary Public-Arizona Maricopa County Commission#650762 My Comm.Expires Jul 16,2027 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of_ , 20 , by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 3 Exhibit A Duties and Prices Task 1: Engineering Review Services Based on the MPC Plan and preliminary documents for DU2, the following reviews may be required. A. Preliminary Plat(s) B. Preliminary Commercial Site Plans C. Preliminary/Mass Grading Plans D. Preliminary & Final Drainage Report E. Traffic Impact Statements/Assessments F. Other Technical Reports G. Subdivision Final Plats H. Legal Descriptions I. Easement Documents J. Maps of Dedication K. Final Commercial Site Plans L. Subdivision Improvement Plans M. Offsite Roadway Infrastructure N. Utility Plans O. Commercial Site Plan Improvement Drawings P. Landscape Plans Q. Street Light Plans R. Traffic Signal Plans S. Storm Water Management Plans T. Others-To Be Identified In The Course of Development Applications Task 2: Miscellaneous Engineering Services Entellus may provide miscellaneous engineering services to support the City and/or the developer of DU2. Services will be approved in advance by both the City and DU2 developer. Assumptions and Conditions 1. Conduct on-site and off-site civil engineering improvement plan reviews for development projects in accordance with current City of Apache Junction Design Standards and procedures and MAG Uniform Standard Details for Public Works Construction and approved MPC Plan and master reports. 2. Provide redline and review comments to applicants in the City's current format and using any prescribed City platform or programs. 3. Reviews will be completed remotely at Entellus' staff or subconsultant's workplace. 4. Entellus will provide a project manager and principal development services engineer plus additional support staff in areas of expertise such as drainage, survey, plats, etc. to assist City staff with civil plan review. Traffic and landscape design reviews will be completed by Lokahi -subconsultant. 5. Hours worked will be as necessary to meet the agreed upon target schedule for review turn-around time with the City and developer-or better. 6. Correspond or meet with development services applicants in conjunction with the City staff. 7. Coordinate and attend staff/developer meetings. 8. Act in consulting and/or advisory roles to the City on subjects which fall within Entellus's area of competence and as requested by the City. 9. Exhibit A reflects staff positions and rates to provide these services including subconsultants. 10. Entellus agrees to perform the above listed services on a Time and Materials (Not to Exceed) basis. This includes time for administration, quality control, scope management, schedules, adherence to budget, invoicing and additional tasks that may be requested by the City in addition to the primary engineering plan review tasks described herein. 11. Entellus is employed by the City, reports directly to the City and will immediately notify the City of any potential, apparent or actual conflicts of interest or irregularities with developers. 12. City will be billed monthly based on the amount of work completed for each task and invoiced each month for services performed during the previous month. Payment is due 30 days from the date of the invoice. Price Sheet- Rates and Fees STANDARD CHARGE RATE SCHEDULE ENTELLUS Principal/Sr. Project Manager/Sr. Plan Reviewer $250/hour Sr. Plan Reviewer- Hydrology/Hydraulics/Drainage $205/hour Sr. Plan Reviewer- Survey $190/hour Plan Reviewer-Civil $1601hour Jr. Plan Reviewer- Civil $115/hour Construction Manager $180/hour Sr. Inspector $140/hour Inspector $115/hour Project Coordinator/Administrative $95/hour Engineering/Construction/Administration Intern $65/hour LOKAH I Principal Traffic Reviewer $243.54/hour Sr. Traffic Reviewer $215.87/hour Sr. Landscape Architect Reviewer $215.87/hour Traffic Reviewer II $193.73/hour Traffic Reviewer I $177.12/hour Project Coordinator/Administrative $94.10/hour Reimbursables....................................................................Cost Entellus' and Lokahi's Rates may be adjusted annually based on US Government's published data by the Bureau of Labor Statistic's Employment Cost Index for total compensation, private industry workers by area - United States, West Census region, and the Phoenix-Mesa-Scottsdale, AZ MSA, not seasonally adjusted. Contract Amendment fr% r cn nearing Review Entellus, Inc . City Council Meeting August 5, 2025 • January 2022 Contracted with Entellus, Inc. for engineering services within Superstition Vistas • April 2022 Established escrow accounts with both DR Horton and Brookfield • June 2025 Determined that an amendment to-the contract was needed • Will add an additional three years to the original contract • Continue to be developer funded • Fees have been adjusted based on US Government 's published data by the Bureau of Labor Statistic's Employment Cost Index and remain at market rate ' 4FF RECOPrIP '" NDATIO & I It is Staffs recommendation that the City amend the contract with Entellus, Inc . for civil plan review within Superstition Vistas . • I QUESTIONS ?. me Ak - '-.• � ! r ;� �� •ifs � � � � � � • - _ - fr•t �i�cl,,��' �.�iaCi'�.:��- �-t r l'?:�( � ��� 'Itr �-.1 Y'�` � _ �; \ i _ -.'r_ .-1 r� � _� "''� q .j• f,•' ��p-�'�7l'' � f 11 I;i� '''J:_ �. '`.�'�j'•����— ?'y`�1 4 t[� ` �� 1\ CITY COUNCIL MEETING ROLL CALL Date: :�" % S' S� Work Study Regular Special --- S:'Ipm E:rJ:J3p S:1'.%p Eg%03 - S:G:PPp»,E ' CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON V _ VICE MAYOR SCHROEDER I/ COUNCILMEMBER CROSS VV COUNCILMEMBER HECK oe COUNCILMEMBER 10HNSON _1// COUNCILMEMBER NESSER V COUNCILMEMBER SOLLER TOTAL CITY STAFF' Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby V ✓ Econ Director Ryan Kaup Mrkt Comm Director Kayla Fulmer Management Analyst Rob Wisler Management Analyst Eli Richardson City Clerk Evie McKinney �/ ✓ �/ /��,.,�y Deputy City Clerk Amy Greening fJ /'""�' City Attorney , J el S er Public Safety Director ichae Pooley Public Safety Assistant Johnny John Dev Services Director Rudy Esquivias Dev Sery Deputy Dir Sidney Urias Building&Safety Mgr Adrian Alegria Senior Planner Kelsey Schattnik Planner Erica Hernandez Plaver Ni eft is Water District Director Mike Loggins PW Director Ted Wolff City Engineer Emile Schmid PW Project Engineer Raquel Schatz Municipal Judge Thomas McDermott Finance Director Angelie Hawley Library Director Pam Harrison Park& Rec Director Liz Langenbach HR Director Anna McCray IT Director Doug Wirth gen WatkaV ✓ City Council VOTE - ROLL CALL ITEM # ' `�' MEETING OF MOTION BY: C/r �/ - SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS COUNCILMEMBER SOLLER COUNCILMEMBER HECK _ - COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER � COUNCILMEMBER NESSER t1 MAYOR WILSON TOTAL - ---- UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 4 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # �� ' 3$ MEETING OF s ZOZ S� MOTION BY: SECONDED BY:14 NOTES: ► yti, Ili `H9til J`I�• �J��3 P^��� .�8�r/u I koj-o `ice v L v� v-,o tt,-- Jf-A6 t� �� !�. '�h ��� �t � •1 _�C u,, r� `,�('d-�,G o�7�-ct 4� � c,�,`��'C�.+�^�' S�u�ra faf ofv v t S pro' tcif- YES N6 ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER SOLLER V 09 VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote Sheet 2 S:/S—Templates&Forms/Vote Call—City Council Ctj 7' L 0 air blLA.4, � j h &vj�e �oOI�o r Date: Z CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. 1 would like to speak on Agenda Item #: would like to speak on a Non-Agenda matter regarding: ' b Lhr T .0 Tom_ S� 0 �-b ►��� rib r S l� yn Do you wish to speak before Council on this item? Yes -% No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. U1\ o\ ,�ool2S First Name Last Name (PRINT) tso 2 (�_ - A C/\,v 0) o �V1 Address City Zip Code 4-0 z2q (I2,z Telephone Em I address IJ This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: Ur I, 04a l0 as the parent/guardian of AM �,� 5 (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S 1-602 (A)(9) j ',a o2110hr Sig at re of Parent/Guardian Date Dater — CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? YesL,�' No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) Address ` ) City Zip Code zecir Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date