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HomeMy WebLinkAbout2025 09.16 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers O = at City Hall Agenda 300 E.Superstition Blvd .1 i Nr 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,September 16,2025 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. 25-443 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 25-444 Consideration of approval of minutes of the regular meeting of September 2, 2025. Sponsors: Evie McKinney Attachments: CCMIN 2025 09 02 MINUTES DRAFT 3. 25-441 Consideration of approval of award of contract to Arrington Watkins Architects, LLC in an amount of$645,446.00, plus a contingency of $25,000.00 for a total not to exceed $670,446.00 for comprehensive master planning and programming for city campus south. This item was approved as part of the FY2025 budget and discussed at the council meeting held September 2, 2025. Sponsors: Trina Harrison Attachments: Memo City Council City Campus South Master Plan Contract Master Plan City South Arrington Watkins Contract Master Plan City South Presentation City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 City Council Meeting Agenda September 16,2025 4. 25-442 Consideration of approval of award of contract to M.R. Tanner Construction for the application of an asphalt concrete overlay to select city streets. The work would be through the City of Buckeye cooperative Job Order Contract No. 2025081 in the amount of $546,965.00 plus a 10% contingency for unforeseen change orders in the amount of$54,696.50 for a total project cost not to exceed $601,661.50. Work is planned within the October- December 2025 timeframe. Sponsors: Shane Kiesow Attachments: City Council Memo-SST25-17 MRTanner IRS Sept2025 SST25-17 Agreement FY26 Overlay MR Tanner 5. 25-458 Consideration of approval of First Amendment to Pre-Annexation Development and Drainage Settlement Agreement between the City of Apache Junction and Fortune Travel, Inc. Sponsors: Joel Stern Attachments: Memo to Staff First Amendment Thesman 09032025 Preannexation Dev Agmt Fortune RECORDED w color exhibit First Amendment Thesman DA 09032025 Docusign 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. 6. 25-405 Proclamation designating the week of September 17 through September 23, 2025, as "Constitution Week." Sponsors: Evie McKinney Attachments: 09 2025 Constitution Week 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. 25-445 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. 8. 25-446 City Manager's Report Sponsors. Bryant Powell City of Apache Junction,Arizona Page 2 Printed on 9/15/2025 City Council Meeting Agenda September 16,2025 9. 25-396 Presentation and discussion with Apache Junction Police Chief Mike Pooley regarding department operational updates. Sponsors. Bryant Powell Attachments: Presentation AJPD City Council Updates Sept 2025 10. 25-447 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. 25-425 Presentation, discussion, public hearing and consideration of application for Class A Bingo License for Desire Maxwell with Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Ave., Apache Junction, AZ. Sponsors: Evie McKinney Attachments: Memo to Council Application Building Safety Inspection Approval Planning Inspection Approval AJPD Inspection Approval SFMD Inspection Approval 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. 12. 25-438 Presentation and discussion on entering into an agreement with Advanced Chemical Transport, Inc. for four (4) household hazardous waste events for fiscal years 2025/2026 and 2026/2027 in an amount not to exceed $200,000.00. Sponsors. Spencer Sarager Attachments: HHW Event Memo ACTenviro Agreement Presentation HHW Contract City of Apache Junction,Arizona Page 3 Printed on 9/15/2025 City Council Meeting Agenda September 16,2025 13. 25-440 Presentation and discussion on Rezoning by Planned Development Case P-24-114-PZ, a request by Hermelinda Pando of Hermelinda Properties LLC to rezone 282 N. Palo Verde Drive, Parcel 101-02-0050, from Medium Density Single-Family Detached Residential ("RS-10M")to High Density Multiple-Family Residential by Planned Development("RM-1/PD")and a Minor General Plan Amendment from Medium Density Residential to High Density Residential. Sponsors: Nicholas Leftwich Attachments: P-24-114-PZ CC-MEMO.pdf P-24-114-PZ Staff Report&Attachments.pdf Presentation Julians Apartments Rezoning K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 14. 25-459 Presentation, discussion, and possible direction to staff on dissolution of the City of Apache Junction Municipal Property Corporation. Sponsors: Rob Wisler Attachments: Memo to Council MPC Dissolution Presentation MPC Dissolution 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. City of Apache Junction,Arizona Page 4 Printed on 9/15/2025 City Council Meeting Agenda September 16,2025 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 5 Printed on 9/15/2025 City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No. 1. 'QrroN* File ID: 25-443 Sponsor: Evie McKinney Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No.2. 'QrroN* File ID: 25-444 Sponsor: Evie McKinney Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of September 2, 2025. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 f�. City of Apache Junction, Arizona Meeting location: Z p City Council Chambers - z MeetingMinutes at City Hall 300 E.Superstition Blvd t ''* CityCouncil Meeting Apache Junction,AZ g 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,September 2,2025 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 Councilmember Heck gave the invocation and Councilmember Cross 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 Rob Wisler, Management Analyst Eli Richardson, Management Analyst Johnny John, Assistant Police Chief Rudy Esquivias, Development Services Director Kelsey Schattnik, Planner Nicholas Leftwich, Planner Erika Hernandez, Associate Planner Liz Langenbach, Parks & Recreation Director Dave Butler, Parks Superintendent Trina Harrison, CIP Program Manager Seth Painter, Lieutenant Mike Beaton, Commander Cindy Ewer, Commander City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes September 2,2025 D. CONSENT AGENDA Councilmember Cross moved,seconded by Councilmember Johnson,that the consent agenda be approved with items four(4)and five(5) being pulled, briefly discussed,and voted on separately. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Items four(4)and (5)were briefly discussed after the City Manager's report. City Manager Bryant Powell and Assistant City Manager Matt Busby explained that home builder DR Horton contacted the city shortly after the loss of Officer Gabriel Facio and suggested renaming one of the streets in their development to honor him. They explained approving items four(4)and five (5)will officially change the street name from Davis Drive to Officer Facio Drive. Councilmember Cross moved, seconded by Councilmember Nesser, that items four(4) and five (5)to change Davis Drive to Officer Facio Drive be approved. Yes: 7 - Mayor Wilson,Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 1. 25-381 Consideration of acceptance of agenda. 2. 25-380 Consideration of approval of minutes of the regular meeting of August 5, 2025. 3. 25-407 Consideration of approval of award of contract to Sunland Asphalt& Construction for the application of an asphalt concrete overlay to select city streets. The work would be through the 1 Government Procurement Alliance cooperative contract No. 22-15P-04 in the amount of$3,526,471.45 plus a 10% contingency for unforeseen change orders in the amount of$352,647.14 for a total project cost not to exceed $3,879,118.59. Work is planned within the October- December 2025 timeframe. 4. 25-409 Consideration of approval of the Replat of the Map of Dedication for Officer Facio Drive, originally filed as Davis Drive (SV-23-4-BI). 5. 25-410 Consideration of approval of the Replat of Superstition Vistas, Phase 1 B, Parcels 19.6 and 19.7 (SV-22-34-SD)to change the name of Davis Drive to Officer Facio Drive. 6. 25-411 Consideration of approval of Final Plat for Superstition Vistas, Phase 2B, Parcel 19.22 (SV-23-36). 7. 25-412 Consideration of approval of Final Plat for Superstition Vistas, Phase 2B, Parcel 19.23 (SV-23-37). City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes September 2,2025 8. 25-413 Consideration of approval of Final Plat for Superstition Vistas, Phase 2B, Parcel 19.29 (SV-24-1). 9. 25-419 Consideration of approval of the 88 North Final Plat to facilitate a lot combination of ten (10) parcels into three (3). 10. 25-420 Consideration of approval of the Replat of Davis Drive of the Final Plat for Blossom Rock- Parcel 8 to change the name of Davis Drive to Officer Facio Drive. 11. 25-429 Consideration of approval 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 retroactive from August 6, 2025, through June 30, 2028. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 12. 25-430 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Cross shared that the Mayor and Council attended the League of Arizona Cities and Towns annual conference in Scottsdale. He commented on how well attended it was, the great amount of information they learned and how it helps them be a better council for the people. Mayor Wilson also commented on the League of Arizona Cities and Towns annual conference and the popularity of the City's booth and giveaways. He also expressed that it was an opportunity to learn what other cities are doing and meet other city officials. Mayor Wilson announced the Mesa Gateway Airport Board approved FlightSafety International to build a learning center. The facility will include full-flight simulators and advanced training devices. G. CITY MANAGER'S REPORT 13. 25-431 City Manager's Report City Manager Bryant Powell shared the video that was played at the League of Cities and Towns Conference. It features the unique history of each city and town in the state of Arizona and how it is the finest place to be. After the video was played, Mr. Powell stated the Youth Advisory Council (YAC)was highlighted at the conference and presented pictures of some of the activities they participated in. Mr. Powell also announced that Apache Junction received two (2) awards from the Arizona Parks and Recreation Association. Dave Butler won Park Professional of the Year. A video was played that listed all of his accomplishments and why he received the award. Mr. Powell stated he was very proud of Mr. Butler and grateful to have him on board with the City. Apache Junction also won the award for Outstanding Facility- Populations 25,000 to 10,000 for Painted City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes September 2,2025 Sky Park. A video was played that showed all the features of the park and the reasons why it won the award. Mr. Powell gave a shout out to Parks and Recreation Director Liz Langenbach and her team for doing such a great job. 14. 25-433 Presentation and discussion on volunteer activities for Fiscal Year 2025. Public Information Officer Gina Scorza presented the total number of volunteers and total volunteer hours for Fiscal Year 2024-2025. The volunteers are citizens who have donated their time doing one or more of the following activities: picking up trash for the Adopt-A-Street program, being a Board or Commission member, assisting Parks and Recreation, the Library or the Police Department. Ms. Scorza highlighted several individuals as stand out volunteers for the areas they helped in and gave out information on how to become a volunteer or participate in the Adopt-A-Street program. City Manager Bryant Powell thanked all the volunteers. 15. 25-432 Announcement of Current Events Management Analyst Eli Richardson shared an upcoming event: The MGC's Birthday Bash on Friday, September 5, 2025, 5:00 p.m. - 8:00 p.m. at the Apache Junction Multi-Generational Center, 1035 N. Idaho Road, Apache Junction. There will be a variety of fun activities, games and 20% off memberships. Mr. Richardson also reminded the community that the deadline to apply for a Board or Commission is September 15, 2025. H. PUBLIC HEARINGS 16. 25-402 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")fund. Assistant City Manager Matt Busby introduced the new Grants Manager Jeremy Johnson. Mr. Johnson presented the background of the Community Development Block Grant(CDBG). Through the CDBG program, the U.S. Department of Housing and Urban Development provides funding assistance to local communities to address the following national objectives: • Meet the needs of low and moderate income citizens • Prevent/eliminate areas of slum and blight •Address urgent needs to the health/welfare of a community To participate in the CDBG program, a community must document that citizens and officials have had the opportunity to discuss community needs and suggest projects. The City accomplishes this through two separate public hearings. Ultimately, the decision on which projects to submit rests with the City Council. The CDBG Regional Account(RA) is distributed on a noncompetitive basis to non-metropolitan cities, towns, and counties in Arizona. For Fiscal Year 2025-26, the City of Apache Junction is anticipated to receive approximately$160,000 in RA funds, guaranteed so long as a viable City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes September 2,2025 project is submitted. The CDBG State Special Projects (SSP) program is a competitive grant cycle administered by the Arizona Department of Housing (ADOH)to provide funding for community development activities. For Fiscal Year 2025-26, municipalities may apply for up to $750,000 in SSP funds. Only non-entitlement cities (under 50,000 population)are eligible. Preference is given to shovel-ready projects, particularly housing rehabilitation and equipment purchases. The City of Apache Junction will hold two required public hearings as part of the CDBG project selection process. The first public hearing, scheduled for this evening, will allow community members and stakeholders to review and discuss the proposed projects and provide feedback, without making final decisions. The second public hearing, scheduled for October 7, 2025, will allow City Council to consider public input and make their final decisions on which projects to submit for both the CDBG Regional Account (RA)and State Special Projects (SSP) applications. This process ensures community participation, transparency, and compliance with CDBG requirements. Use of Funds: CDBG supports a wide range of activities, including but not limited to: • Infrastructure improvements (water, sewer, roads) • Public facility development(parks, senior centers, libraries) •Affordable housing development or rehabilitation • Public services that benefit low and moderate income populations • Slum and blight activities (cleanup, board-up, demolition of unsafe structures) Project Proposals for CDBG RA Funds: 1. Provide portable air conditioning (a/c) units to at-risk residents during extreme heat 2. Clean up/remediate blighted properties 3. Provide urgent home repairs for low median income households Project Proposals for CDBG SSP Funds: 1. Library Reading Garden -withdrawn due to CDBG rules preventing job order contracting 2. Palm Springs Drainage Improvements 3. Apache Villa Pedestrian Rehabilitation Next Steps: October 7, 2025, will be the second public hearing for the Council final project selection. Councilmember Johnson stated she likes the a/c loaner unit project for the RA funds and asked for clarification on the project cost estimates. She also likes the Apache Villa Pedestrian Rehabilitation project for the SSP funds. Councilmember Heck favors the clean up/remediate blighted properties for the RA funds as City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes September 2,2025 there are a lot of properties that need attention in the City. He asked how this project would work and what the limits would be. Councilmember Cross would like to combine the a/c loaner project and the home repairs project for the RA funds. He asked if less a/c units were purchased, and choose less homes to repair, if both projects could be done. He prefers the Palm Springs Drainage Improvements for the SSP funds. Councilmember Nesser is in favor of the a/c loaner project and asked how the process would be handled and how big of a need there is. Councilmember Soller stated he likes all projects for the RA funds, but he would choose the a/c loaner program and then the clean up/remediate blighted properties. For the SSP funds, he prefers the Palm Springs Drainage Improvements project. Vice Mayor Schroeder would like the urgent home repairs for low median income households project for the RA funds as he feels it covers all 3 options. For the SSP funds, he likes the Apache Villa Pedestrian Rehabilitation due to the City already providing help for flooding. Mayor Wilson spoke in favor of the a/c loaner project due to his personal situation when his air conditioning went out. Mayor Wilson opened the Public Hearing. Andre Meek, 1327 South Belair Drive, Apache Junction, spoke of his support of all projects. Mayor Wilson closed the Public Hearing. 17. 25-403 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") State Special Project ("SSP")funds. This item was discussed under Item 16. 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 6 City Council Meeting Meeting Minutes September 2,2025 18. 25-404 Consideration of application for a new Series 10 Beer and Wine Store liquor license for Apache Shell located at 1571 W. Apache Trail, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Councilmember Johnson moved,seconded by Councilmember Nesser that the application for a new Series 10 Beer and Wine Store liquor license for Apache Shell, located at 1571 W.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 10 Beer and Wine Store liquor license for Apache Shell located at 1571 W. Apache Trail, on August 1, 2025, and the Notice of Posting was placed at the establishment on August 6, 2025. The posting requirement has been met with no comments from the public. 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. 19. 25-408 Presentation, discussion, public hearing and consideration of Ordinance No. 1566, a proposed rezoning of parcel numbers 101-19-0220, 101-19-023B and 101-19-023C, on the northwest corner of Winchester Road and Junction Street, currently zoned City Center("B-3")and General Rural Low Density Single-Family Detached Residential ("RS-GR")to High Density Multiple-Family Residential by Planned Development("RM-2/PD"), to facilitate a lot combination and the construction of a two-story 100-unit multi-family rental development, requested by Reese Anderson with Pew and Lake, representing Skyline QOZB LLC. Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1566 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. City Clerk McKinney read Ordinance No. 1566 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1566,as read by the city clerk be approved and adopted. Yes: 6- Mayor Wilson, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes September 2,2025 No: 1 - Vice Mayor Schroeder Planner Erika Hernandez presented the background for Ordinance No. 1566. The subject properties are located on the northwest corner of Winchester Road and Junction Street(parcel numbers 101-19-0220, 101- 19-023B and 101-19-023C)totaling approximately 9.4 acres in size. The properties are currently zoned City Center("B-3") and General Rural Low Density Single-Family Detached Residential ("RS-GR")and are proposed to be rezoned to High Density Multiple-Family Residential by Planned Development("RM-2/PD")to facilitate a lot combination and the construction of a two-story 100-unit multi-family rental development. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission held a public hearing on July 22, 2025. The Commission voted 4:1, one being absent, to recommend approval of the proposed rezoning. Ordinance No. 1566 represents Planning Staff and the Planning and Zoning Commission's recommendation. Staff Recommendation: Planning Staff recommends approval of the proposed rezoning case P-25-4-PZ, subject to the conditions found in the revised Staff Report. Ordinance No. 1566 represents Staff's and the Planning and Zoning Commission's recommendation. Applicant Reese Anderson of Pew and Lake, P.L.C. introduced himself and stated he was available for any questions. He reiterated that the Planning Staff and Planning and Zoning Commission recommend approval of this project and that it is consistent with the general plan. Mayor Wilson asked if the main entrance on the south lines up with the street across. Mr. Anderson stated it does line up. Mayor Wilson opened the Public Hearing. Steve Droop, 269 North Winchester Road, Apache Junction, suggested more single family homes being built and less multi-family units. He also shared traffic concerns and asked if Section 8 housing will be allowed in this complex. Donna Carr, 2178 West Virginia Street, Apache Junction, stated she does not agree with more multi-family housing in the City. Andre Meek, 1327 South Belair Road,Apache Junction, supports affordable housing for lower income residents but expressed his concerns with traffic. Kathy Deeroff, 860 North Wickiup Road, Apache Junction, shared her concerns about the multi-family housing units and the use of water. Mayor Wilson closed the Public Hearing. City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes September 2,2025 Councilmember Soller asked if this complex will be part of the Apache Junction Crime Free Multi-Housing Program. Mr. Anderson confirmed that the complex will be part of the Apache Junction Crime Free Multi-Housing Program and there will not be Section 8 housing. Councilmember Cross explained the decision to approve more multi family housing units. Mayor Wilson re-opened the Public Hearing, receiving no comments from the public, he closed the Public Hearing and asked for a motion. Vice Mayor Schroeder explained his "no"vote is due to the owner of the property not attending the meeting. I. OLD BUSINESS J. NEW BUSINESS 20. 25-436 Presentation and discussion on award of contract to Arrington Watkins Architects, LLC in an amount of$645,446.00, plus a contingency of $25,000.00 for a total not to exceed $670,446.00 for comprehensive master planning and programming for city campus south. This item was approved as part of the FY2025 budget. CIP Program Manager Trina Harrison presented that the Mayor and City Council consider a proposal to enter into an agreement with Arrington Watkins Architects, LLC., for the purpose of creating a Master Plan for our new City Campus South area located at Ironwood and Horton Dr. that will include a library, police substation, park, and shared maintenance yard. The project site was included in the 6,600 acres that was annexed in October 2021 and is within the area known as Superstition Vistas. The 22-acre site was set aside and given to the City of Apache Junction by the developer, D.R. Horton. This master plan is the first step in the process that will guide the design and construction of new city facilities intended to serve as essential community assets to enhance not only the quality of life for our community, but also to boost learning and enhance public safety. Upon completion of the master planning process, an amendment to this contract may be brought for City Council consideration to move straight into project design. Staff recommends approval of the contract with Arrington Watkins Architects, LLC, utilizing Request for Qualifications RFQ 25MP-001 in an amount not to exceed $670,446.00 which includes contingency. This contract will be placed on the consent agenda for the September 16th City Council Meeting, unless otherwise directed by City Council. City of Apache Junction,Arizona Page 9 City Council Meeting Meeting Minutes September 2,2025 Councilmembers had no concerns. City Manager Bryant Powell expressed his excitement for this project. 21. 25-406 Presentation, discussion, and consideration of approval of Resolution No. 25-25 approving submission of projects totaling $60,000.00, for grant funded Arizona 2026 Highway Safety Plan. Councilmember Soller moved,seconded by Councilmember Nesser that Resolution No.25-25, submission of projects totaling$60,000.00 for grant funded Arizona 2026 Highway Safety Plan be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Police Lieutenant Seth Painter presented Resolution No. 25-25 pertains to the Fiscal Year 2026 Governor's Office of Highway Safety (GOHS)grants that the City of Apache Junction Police Department(AJPD)applied for on March 6, 2025. The grants requests were submitted and reviewed by GOHS, which awarded the following amounts on August 11, 2025: - DUI Grant Funding for DUI enforcement overtime expenses-$25,000.00 - STEP (Selective Traffic Enforcement Program) Grant to fund traffic enforcement overtime expenses-$25,000.00 - Occupant Protection Grant to fund bicycle and pedestrian safety enforcement overtime expenses- $5,000.00 -Pedestrian and Bicycle Safety Grant to fund car seat and seatbelt safety enforcement overtime expenses- $5,000.00 The total amount of grant moneys awarded by GOHS is $60,000.00. This funding will be reimbursed to AJPD. GOHS offers grants each year and AJPD has a long history of successfully applying and receiving funding from this source. AJPD Staff requests that Resolution No. 25-25 be approved. Councilmembers had no concerns. 22. 25-426 Presentation, discussion, and consideration of approval of award of contract for IFB CDBG#132-25 to Shade Industries for Prospector Park Improvements in the amount of $144,210.00 plus a maximum 10% ($14,421.00) contingency for a total not to exceed $158,631.00. Work will include installation of shade structures at both playgrounds at Prospector Park and will be funded by the CDBG-RA allocation. Councilmember Johnson moved,seconded by Councilmember Nesser that the award of contract for IFB CDBG#132-25 to Shade Industries for Prospector Park Improvements in the amount not to exceed$158,631.00 be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller City of Apache Junction,Arizona Page 10 City Council Meeting Meeting Minutes September 2,2025 No: 0 Parks Superintendent Dave Butler presented that the City of Apache Junction was awarded a federal Community Development Block Grant (CDBG)through the Arizona Department of Housing Regional Account(RA)fund for Prospector Park improvements. CDBG funds will be used at both playgrounds for installation of shade structures. The administration of this grant, including the procurement of a contractor and all related grant reporting is conducted by Central Arizona Governments (CAG). On July 9th, 2025, CAG posted an Invitation for Bid (IFB)on behalf of the City of Apache Junction. On August 11th , 2025, the city received 3 responses, as follows: Shade Industries -$144,210.00 Shade N Net of Arizona Inc. -$231,203.01 D.R. Miccolis LLC. -$373,146.11 Recommendation: Award of contract is recommended to be given to the lowest, responsive bidder, Shade Industries in an amount of$144,210.00 plus a maximum 10% ($14,421.00) contingency for a total not to exceed $158,631.00. This item is up for discussion and possible award of contract due to the limited time frame of the CDBG grant funding. Councilmember Cross questioned the material used for the shade and the life expectancy. Mr. Butler responded to all questions. 23. 25-427 Presentation, discussion, and consideration of approval of award of contract for Superstition Shadows Park Ramada Renovations to Dave Bang Associates Inc. in an amount of$372,894.94 plus a maximum 5% ($18,644.75)contingency for a total not to exceed $391,539.69. Councilmember Cross moved,seconded by Councilmember Nesser that the award of contract for Superstition Shadows Park Ramada Renovations to Dave Bang Associates Inc, in an amount not to exceed$391,539.69 be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Parks Superintendent Dave Butler presented that the Superstition Shadows Park has ageing ramada structures that are in need of replacement. They are a part of our planned capital replacements. This project will leave all footings in place and detaching the old ramada shell and City of Apache Junction,Arizona Page 11 City Council Meeting Meeting Minutes September 2,2025 replacing with new, upgraded shells. There are 8 structures total at the park being replaced. This project was budgeted at$400,000 and has come in under budget, going direct to the supplier under Mohave cooperative contract number 24K-BANG-0222. Recommendation: Award of contract is recommended to be given to Dave Bang Associates Inc. in an amount of $372,894.94 plus a maximum 5% ($18,644.75)contingency for a total not to exceed $391,539.69. This item is up for discussion and possible award of contract due to the long lead times for steel and other materials. Councilmember Cross asked if any of the old materials can be reused in other City properties. Councilmember Nesser inquired why the entire structure had to be replaced and not just the support beams. Mr. Butler responded to all questions. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Donna Carr, 2178 West Virginia Street, Apache Junction, expressed her concerns with the multi-family housing units and the new developments to the South. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:38 p.m. City of Apache Junction,Arizona Page 12 City Council Meeting Meeting Minutes September 2,2025 ACCEPTED THIS DAY OF 2025, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12025. WALTER"CHIP"WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk City of Apache Junction,Arizona Page 13 City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No. 3. 'QrroN* File ID: 25-441 Sponsor:Trina Harrison Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Consideration of approval of award of contract to Arrington Watkins Architects, LLC in an amount of$645,446.00, plus a contingency of$25,000.00 for a total not to exceed $670,446.00 for comprehensive master planning and programming for city campus south. This item was approved as part of the FY2025 budget and discussed at the council meeting held September 2, 2025. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 City of Apache Junction Home of the Superstition Mountains DATE: SEPTEMBER 2, 2025 TO: MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: TRINA HARRISON, CIP PROGRAM MANAGER SUBJECT: AGREEMENT FOR CITY CAMPUS SOUTH MASTER PLAN Executive Summary Staff respectfully requests the mayor and city council consider a proposal to enter into an agreement with Arrington Watkins Architects, LLC for the purpose of creating a Master Plan for our new City Campus South area located at Ironwood and Horton Dr. that will include a library, police substation, park, and shared maintenance yard. Background The project site was included in the 6,600 acres that was annexed in October 2021 and is within the area known as Superstition Vistas. The 22-acre site was set aside and given to the City of Apache Junction by the developer, D.R. Horton. This master plan is the first step in the process that will guide the design and construction of new city facilities intended to serve as essential community assets to enhance not only the quality of life for our community, but also to boost learning and enhance public safety. Upon completion of the master planning process, an amendment to this contract may be brought for City Council consideration to move straight into project design. Analysis and Recommendation Staff recommends approval of the contract with Arrington Watkins Architects, LLC utilizing Request for Qualifications RFQ 25MP-001 in an amount not to exceed $670,446.00 which includes contingency. Next Steps This contract will be placed on the consent agenda for the September 16t" City Council Meeting, unless otherwise directed by City Council. ARCHITECT SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND ARRINGTON WATKINS ARCHITECTS, LLC FOR MASTER PLAN AND DESIGN OF CITY CAMPUS SOUTH THIS AGREEMENT is made as of the day of 2025 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and ARRINGTON WATKINS ARCHITECTS, LLC, an Arizona corporation ("Architect"), both of which may be hereinafter referred to collectively as the "Parties" or individually as a "Party," for the master plan and design of city campus south (the "Project"). RECITALS A. City desires to retain an architect to provide comprehensive master planning, programming, design and construction administration services and to make paymentfor the same in accordance with the terms and conditions setforth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures have been satisfied. C. The Parties have set forth below contemplated services Architect will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. ARCHITECT'S DUTIES: Architect agrees to perform the professional services detailed in Exhibit A within the time frames set forth on Exhibit_B (the "Services"). Architect will begin prosecution of the Services as soon as reasonably practicable after the Effective Date. 2. COMPENSATION: In accordance with Exhibit C and the terms and conditions of this Agreement, City shall compensate Architect for the Services in an amount not to exceed of Six Hundred Seventy Thousand Four Hundred Forty Six Dollars ($670,"6.00) (the "Contract Amount") which is inclusive of Architect's reimbursables in an amount not to exceed Eight Thousand Dollars ($8,000.00) and an Owner's Contingency of Twenty-Five Thousand Dollars ($25,000.00). The compensation for each phase of the Services shall be as follows: I Task 1 $64,428.00 Task 2 $155,521.00 Task 3 $344,747.00 Optional ALTA Survey $34,370.00 Optional Traffic Engineering $38,380.00 The Owner's Contingency shall be under the exclusive control of City and cannot be used for correction of errors, mistakes, nonconforming or rejected Services. The Owner's Contingency may be used at City's sole discretion for increases in Project costs resulting from City directed changes or unforeseen Project costs. 3. ARCHITECT BILLING: Architect shall submit an invoice to City each month which reflects services rendered during the preceding month. City agrees to process for payment invoices received from Architect within thirty (30) calendar days following receipt of such invoices, provided Architect fulfills all duties and obligations set forth in this Agreement. Review of invoices by City may include an inspection of the Services. 4. TERM/RENEWAL: The term of this Agreement shall commence on August 29, 2025 and end on June 30, 2026. This Agreement may be extended upon mutual written consent of the Parties provided that any amendment shall be executed by an authorized signatory of the Parties and provide in writing the amended term of the Agreement and, if applicable, a specified dollar amount of additional payment to be owed by City to Architect. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Architect with all data, information and other supporting services necessary for Architect to perform the Services. City shall not be responsible for discovering deficiencies in the technical accuracy of the Services. 6. ARCHITECT'S STANDARD OF PERFORMANCE: The Services shall be performed by qualified professionals licensed in Arizona, selected and paid by Architect and acting in the interest of the Architect. While performing the Services, Architect and its subcontractors shall exercise the reasonable professional care and skill customarily exercised by reputable members of Architect's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Architect shall be responsible for all errors and omissions Architect or its subcontractors commits in the performance of this Agreement. Architect shall correct any deficiencies in the technical accuracy of the Services without additional compensation except to the extent such corrective action is directly attributable to deficiencies in any information provided by City. 7. NOTICES: All notices to a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction City Manager 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Architect: Arrington Watkins Architects, LLC 3003 North Central Avenue Suite 2400 Phoenix, Arizona 85012 8. INSURANCE: Architect, at its own expense, shall purchase and maintain during the Term the insurance required by this Agreement with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required by this Agreement shall be maintained in full force and effect until is the Services are satisfactorily completed and formally accepted by City; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Architect's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Architect shall be solely responsible for the deductible and/or self retention and City, at its option, may require Architect to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. The insurance policies required by this Agreement, except Workers' Compensation and Professional Liability, shall name City, its agents, officers, officials and employees as Additional Insureds. Architect shall expressly bind any subcontractors, or any other lower tier subcontractors, used in the performance of any aspect of the Services, to the insurance requirements in this Agreement, making such obligations applicable to the other contractor to the same extent as it is applicable to Architect. The purpose of this provision is to require any lower tier contractor, regardless of level, to provide insurance and indemnity required by this Agreement. REQUIRED COVERAGE A. Commercial General Liability Architect shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Architect's operations and products and completed operations. If Architect sublets any part of the Services, Architect shall purchase and maintain, at all times during prosecution of the Services, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Services. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Architect's Commercial General Liability insurance. B. Automobile Liability Architect shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Architect's owned, hired, and non- owned vehicles assigned to or used in performance of the Services. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous 4 substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. C. Workers' Compensation Architect shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Architect's employees engaged in the Services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Architect certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 etseq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Architect has no employees for whom Workers' Compensation insurance is required by federal or state statutes, Architect shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Architect employs any employees subject to coverage. D. Professional Liability Architect shall maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Architect, or any person employed by Architect, with a limit of not less than $1,000,000 each claim. E. Certificates of Insurance Prior to commencing the Services, Architect shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Architect's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. City shall not be obligated, however, to review same or to advise Architect of any deficiencies in such policies and endorsements, and such receipt shall not relieve Architect from, or be deemed a waiver of, City's right to insist on strict fulfillment of Architect's obligations under this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement. Policies or certificates and completed forms of City's 5 Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this Agreement shall be delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. The policy or policies shall be in the usual form of public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two(2)years past completion and acceptance of Architect's work or services and as evidenced by annual Certificates of Insurance. Architect shall provide require its insurers to provide City thirty (30) calendar days' prior written notice of any nonrenewal, cancellation, or material change in the coverage under such policy reducing coverage to below contractually required amounts. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. 9. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of 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. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Architect, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics and related executive orders, quarantines, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear 6 radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Architect in connection with the obligations under this Agreement. Architect agrees that Architect alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section 10 shall, within thirty(30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon thirty (30) days written notice. If this Agreement is terminated, City shall be reimbursed from Architect the amount paid for any undelivered and/or unaccepted products or services. City shall pay Architect for completed and acceptable work performed pursuant to this Agreement prior to the date of termination. 12. INDEMNIFICATION: To the fullest extent permitted by law, Architect shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, special districts, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Architect, its agents, employees, or any tier of Architect's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Architect or its subcontractors in the performance of the Services or any subcontract. Architect's duty to defend, hold harmless and indemnify City, its elected and appointed officers, officials, special districts, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by Architect's acts, errors, mistakes, omissions, work or services in the performance of this Agreement, including any employee of Architect, any tier of Architect's subcontractor, or any other person for whose acts, errors, mistakes, omissions, work or services Architect may be legally liable, but only to the extent caused by the negligence, recklessness, or 7 intentional wrongful conduct of Architect or any tier of Architect's subcontractors or any other person for whose acts,errors, mistakes, omissions, Work or services Architect may be legally liable in the performance of the Services or subcontract. The amount and type of insurance coverage requirements set forth in this Agreement will in no way be construed as limiting the scope of the indemnity in this Section 12. The rights and obligations under this Section 12 shall survive termination of this Agreement. 13. TAXES: Architect shall pay as they become due all license, sales, consumer, transaction privilege, use and other similar taxes for services provided by Architect which are legally enacted at the time the obligations under this Agreement are performed. 14. PERMITS AND FEES: Unless otherwise provided in this Agreement, Architect shall secure and pay for all applicable permits, government fees, licenses and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. City permits for the Services will be provided to Architect at no cost. Architect 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 Services. Architect represents and warrants that any license necessary to perform the Services is current and valid. Architect understands that the activity described in this Agreement constitutes"doing business in the City of Apache Junction" and Architect agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term. Architect 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. 15. RECORDS: Records of Architect's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Architect shall maintain records for a period of at least two (2) years after expiration of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 16. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the Services described only through Architect. 17, INDEPENDENT CONTRACTOR: City and Architect agree and understand that the relationship between both Parties is that of an independent contractor. As such, Architect is not entitled to receive any benefits to which City employees are entitled by virtue of their employment with City. City shall not be responsible for payment to employees of Architect for salaries, related taxes (including, but not limited to, federal Social Security tax as well as federal and 8 state unemployment taxes) and all other expenses related to their employment or contractual relationship with Architect. 18. _WAIVER OF TERMS AND CONDITIONS: The failure of City or Architect to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 19. COMPLIANCE WITH FEDERAL AND STATE LAWS: Architect 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, Architect hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Architect further warrants that after hiring an employee, Architect will verify the employment eligibility of the employee through the E- Verify program. If Architect uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies 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. Architect is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Architect shall not be deemed in material breach of this Agreement if Architect and/or subcontractors 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). City retains the legal right to inspect the papers of any Architect or subcontractor employee who works under this Agreement to ensure that the Architect or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Architect and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties. Written and signed amendments shall automatically become part of this Agreement and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if 9 possible, by construing the provisions as mutually complementary and supplementary. 21. SUCCESSORS,ASSIGNMENT AND DELEGATION: City and Architect each bind themselves, their partners, successors, assigns and legal representatives to the other Party and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in this Agreement. Neither Party shall assign the Agreement or sublet it as a whole or delegate the duties under this Agreement, without the written consent of the other Party, nor shall Architect assign any monies due or to become due to it without the previous written consent of City. 22. SEVERABILITY: City and Architect each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 23. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Architect of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Architect shall make all necessary revisions or corrections resulting from errors and omissions on the part of Architect without additional compensation. 24. OWNERSHIP OF WORK PRODUCT. All documents or other work product generated on behalf of City in connection with this Agreement are property of City. Any use or reuse of the documents or work product created by Architect for projects they were not intended and/or without the professional involvement of Architect shall be at City's sole risk and without liability to Architect. 25. CONFIDENTIALITY. All information received in the performance of the Services shall be considered nonpublic and confidential. Architect agrees that neither it nor its contractors, agents or representatives shall communicate, whether in writing or verbally, any information concerning the Services except in strict compliance with the terms and conditions of an express authorization by the 10 City Attorney. This confidentiality provision shall not apply to communication by Architect with its subcontractors for the purposes of performing the Services under this Agreement. 26. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 27. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with contractors who engage in boycotts of the State of Israel. Should Architect engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of this Agreement. 28. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with A.R.S. § 35-394, Architect hereby certifies and agrees that Architect does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Architect becomes aware during the Term that Architect is not in compliance with this Section 28, then Architect shall notify the City within five (5) business days after becoming aware of such noncompliance. If Architect does not provide the City with written certification that Architect has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate in accordance with the Term. 29. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. [Signatures on next page) I IN WITNESS WHEREOF, Architect and City have executed this Agreement as of the date first set forth above. ARCHITECT: ARRINGTON WATKINS ARCHITECTS, LLC, an Arizona limited liability company By: Matthew A. Gorman ItS: Principal Architect 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: 4:�* g•26.25 R. Joel Stern City Attorney 1? STATE OF } ) ss. COUNTY OF vI�f,'Yh } The foregoing was subscribed and sworn to befo a me this A74i, day of� u�-T , 2025, by&� C:IoWo as Pa-14ciPAL--1VS0t yf(!TfArrington Watkins Architects, LLC, an Arizona limited liability company. 'L - Notaro ubl My Commission Expires: DOUGSTUTZIdAN *my Notary Public•Arlrena County CommismmhslonlonyA15912 Comm,EX01res Noy 21,2029 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: i3 EXHIBIT A SCOPE OF WORK Task 1 —Data collection The purpose of this task is to review and assemble any existing information and documents that are necessary to perform the following tasks: 1. Review development standards including but not limited to: a. Applicable building codes, fire, and life safety codes. b. Applicable zoning ordinance. C. Any other applicable city ordinances. d. City development standards. 2. Review existing documents from City, including but not limited to: a. Organizational charts for Police Department, Library, and Parks and Recreation (collectively, the "Departments"). b. Staffing rosters indicating work hours/shifts for the Departments. C. Fleet inventory for the Departments. d. Annual report and/or strategic report, or any other department mission statement, publication, and operational statement for the Departments. e. Operational standards or performance standards the Departments wish to achieve. f. Historic population data and projected growth through 2045 for the C ity. g. Previous assessments or planning reports. h. Development agreement between City and developer. 3. Review site data provided by City: a. Existing mapping. b. Title Report. C. Utility infrastructure plans. d. Roadway plans. e. Reclaimed water infrastructure designs and reports. f. Recent improvement plans for adjacent projects. 4. Review site data provided by Architect's Civil Engineer: a. ALTA Survey. b. Topographic survey. C. Traffic vehicles count data, if requested by City. 14 5. Analyze the data provided. a. Identify significant issues and roadblocks to completion of the project. b. Summarize information most relevant and applicable to this project into a guide for project completion. 6. Schedule, attend, and draft meeting minutes for the following meetings: a. Informational meeting with City planning and zoning staff. b. Informational meeting with Public Works staff. C. Informational meeting with IT staff. d. Informational meeting with Apache Junction Water District. e. Informational meeting with Apache Junction Sewer District. f. Three meetings with Apache Junction project staff to discuss status and information collected. Task 2--Programming The programming document will guide the team through the design process and will consist of a summary of current and future space needs and diagrams of key spaces. This task will include the following scope: 1 . Interview key staff to determine ideal (both current and future) staffing levels, space requirements, equipment needs, facilities standards and concerns. 2. Tour existing Apache Junction Police and Library facilities. 3. Tour existing park components as suggested by Parks and Recreation. 4. Create spreadsheets summarizing staffing and space needs by organizational unit including future growth projections for 5 and 20 years. Architect will take into consideration the interviews with the Departments, the documents and data provided by the City and Departments in Task 1 , and other information from outside sources as necessary and as directed by City and the Departments. 5. Develop diagrams as required to indicate adjacencies and flows. 6. Develop drawings of key room, space, or site elements on separate sheets as needed to inform the master plan effort in Task 3. 15 7. Review space data and diagrams with the Departments to ensure agreement on size requirements and concept. 8. Explore opportunities for shared programming (i.e. shared functional space between library and parks). 9. Architect will coordinate with its Civil, Structural, Mechanical, Plumbing, and Electrical engineering partners to ensure that adequate space is included in the program for building systems. 10. Architect will coordinate with its Civil, Mechanical, Plumbing, and Electrical engineering partners to predict any additional information, such as: a. Electrical demand and sources. b. IT infrastructure and radio requirements to support communications center. C. Water and sewer demand. d. Backup power facilities and capacities. e. Parking space construction. 11 . Architect will schedule, attend, and draft meeting minutes for the following meetings: a. Nine meetings to interview key staff from the Departments. These meetings will be held in person, and it is assumed that the meetings will be coordinated to occur in blocks. b. One meeting to present preliminary findings to key stakeholders. C. Six (not to exceed) follow-up meetings with the Departments, as necessary. These meetings will be held in person, and it is assumed that the meetings will be coordinated to be on the same days if possible. d. One meeting to present the final program to key stakeholders (in person). Task 3— Master Planning The masterplan phase includes the site layout and approximate size and shape of buildings and any phasing required. The scope in this task is as follows: 1. Develop three master plan site options. 2. Present options to stakeholders to receive feedback. 3. Organize, lead, and conduct public outreach. 16 a. For library and park outreach: i. Host one "town-hall" style outreach meeting. ii. Conduct outreach at one community event chosen by City. iii. The city will provide a calendar of events for coordination. iv. Assist City with digital outreach, including providing City with a report on findings, including data analytics. b. For police department outreach: i. Conduct outreach at one community event. ii. Assist City with digital outreach, including providing City with a report on findings, including data analytics. 4. Further develop the preferred option, which may include combining elements from other options and public outreach. 5. Prepare block diagram of each building's floor plan. 6. Develop project concepts to identify preliminary design elements, massing, and materials. 7. Complete traffic analysis study for proposed configuration, at City's direction. 8. Architect will coordinate with its Civil, Mechanical, Plumbing, and Electrical engineering partners to ensure that all engineering concerns are captured in the masterplan. 9. Provide a comprehensive cost estimate including for escalation to the mid- point of construction. Estimate will be divided by project elements: police, library, park with lake, and maintenance facility. 10. Present final masterplan to stakeholders and any other groups necessary. 11. Attend Council work sessions as requested to provide project updates. 12. Present final master plan at Council meeting. 13. Architect will schedule, attend, and draft meeting minutes for the following meetings: a. Multi-day design charette with stakeholders to identify goals, facts, needs, and concepts. 17 b. Meetings to present masterplan options to key stakeholders, as necessary. C. Meetings to present refined preferred masterplan option to key stakeholders, as necessary. Deliverables: 1. Task 1 : Data Collection a. Executive summary of findings from data provided. b. Identification of issues C. Organized assembly of collected information. d. Topographical survey. e. ALTA survey. f. Preliminary Traffic Study (optional). g. Architect will maintain a Bluebeam Session to allow easy access for the team to collect background documents. 2. Task 2: Program a. Program Narratives. b. Staffing and space spreadsheets. C. Adjacency and flow diagrams. d. Space diagrams as needed for key areas. e. Site diagrams to show parking programming needs for secure, non- secure parking and maintenance vehicle circulation. f. Summary of data analysis completed in previous phase. 3. Task 3: Master plan: a. Masterplan Narrative. b. Citywide system analysis diagram(s) to show how proposed project fits into 20-year growth projections. C. Site analysis and site plan. d. Building block diagrams 1 massing studies. e. Other diagrams 1 plans as necessary to describe the masterplan. f. Conceptual level engineering systems data. g. Cost estimate. 15 EXHIBIT B SCHEDULE •Programming and Master Ilan (Total) 180 days I j 180 days Task 1 54 days F------1 54 days Data Collection and Analysis 40 days Topographic Survey and ALTA 54 days -Task 2 63 days 1 63 days Staff interviews and tours 21 days Programmming 28 days Review 14 days T -Task 3 63 days 63 days Masterplan options 35 days Public outreach 3S days Final masterplan 28 days City Review and presentations 30 days 30 days 19 EXHIBIT C FEE SCHEDULE CONSULTANTS'FEE Arrington CONSULT'S Richard Civil Eng Landscape MPE Estimating SERVICES PHASE TOTAL Walking FEE TOTALS Kennedy WoodPirlol DIG LSW Engineors RLB Task 1 DATA COLLECTION $64,428 S28,000 $36,428 S16,672 S9,060 $8.236 $2.440 S Task 2 PROGRAMMING $155,521 S74,600 $60,921 S51,751 S2.950 S23.960 $2,260 $0 Task 3 MASTER PLANNING S344,747 $84,800 $259,947 $145.083 $23,640 S44.824 $2,740 $43 660 SUBTOTAL $564,696 $187,400 $377,296 $213,5D61 $35.670 $77,020 $7,440 $43,660 CONSULTANTS FEES $377,296 BASIC SERVICES TOTAL $564,696 ADDITIONAL SERVICES LAND SURVEY AND ALTA $34,370 TRAFFIC ENGINEERINC(oplional) $38.380 ALLOWANCES ESTIMATED REIMBURSABLES $8.000 OWNER'S ALLOWANCE $25,000 TOTAL SERVICES 1 $670,446 20 City Campus South Master Plan Contract September 2, 2025 Campusity • uth Master Planning Area x o — Elliot Road - r z _ 1 --^ �11 PARCEL 18.19 � � COMM j ll 11 40'x 130' I PARK`�___ I m 140'ROVJ t PARCEL 18.1] '—� f 16.68 AC )v 80'x 120' PARCEL 18.6 j PARCEL 18.8 SCHOOL I PARK/ �\ /'�1P'% 1 1 PUBLIC FACIL1ilE8 \ i O `\♦ PARCEL 18] SFO i ] tCEL 18.8 ♦♦`�V"� 5.98 AC ♦♦ i Z �ii 2].O6 Arc y, mm Request forQualifications R 00 RFQ published April 9, 2025Proposers Closed Arrington Watkins Architects, LLC May 2025 BWS Architects responses received DFDG Architecture Gabor Lorant Architects Inc Cross-departmental • " •" • "review SWABACK Architects + Planners Interviewed Three (3) finalists were _• Arrington Watkins Architects, LLC BWS Architects • • ranked firm selected by DFDG Architecture committeeRecommended Arrington Watkins Architects, LLC Next Steps 1 . Proposed contract with Arrington Watkins Architects, LLC in the amount of $670,446 scheduled for consent agenda at the September 16t" City Council Meeting, unless otherwise directed by City Council. 2. Anticipated completion is March 2026. 3. Upon completion of the master planning process, an amendment to this contract may be brought for City Council consideration to move straight into project design with Arrington Watkins Architects, LLC. City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No.4. 'QrroN* File ID: 25-442 Sponsor: Shane Kiesow Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Consideration of approval of award of contract to M.R. Tanner Construction for the application of an asphalt concrete overlay to select city streets. The work would be through the City of Buckeye cooperative Job Order Contract No. 2025081 in the amount of$546,965.00 plus a 10% contingency for unforeseen change orders in the amount of$54,696.50 for a total project cost not to exceed $601,661.50. Work is planned within the October- December 2025 timeframe. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 QQp.CHFv Gy Public Works Department U � Z Home of the Superstition Mountains .M gHIZONP Date: September 2, 2025 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Shane Kiesow, Public Works Deputy Director Subject: Project# SST25-17 Award City staff respectfully requests city council consideration of award of contract to M.R. Tanner Construction for project no. SST25-17 for the application of an asphalt overlay to select city streets for a not to exceed amount including 10% contingency for unforeseens of$601,661.50. Project is budgeted for this fiscal year through city sales tax monies dedicated for the purpose of street maintenance. This work was discussed with council at the July 14, 2025 City Council regular session under Public Works' "Fiscal Year 2026 CIP & Street Maintenance Plan." The work involves the asphalt concrete overlay of a portion of Cactus Rd. and Auto Center Dr. (see attached map— streets in blue). The work will last for about three weeks within the October to December 2025 timeframe. Work would occur during the daytime hours characterized by single street lane closures and intermittent disruptions to business entrances as construction progresses within the respective work zones. This work will not result in any full street closures. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: SST25-17 "FY26 Overlay - MR Tanner" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and M.R. TANNER CONSTRUCTION, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in City of Buckeye Cooperative Job Order Contract No. 2025081, Contractor's Estimate dated July 9, 2025 (attached hereto as Exhibit A) and at the locations specified in Exhibit B (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code, Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, since a cooperative contract was used as reference in Recital A. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in accordance with and as more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Five Hundred Forty Six Thousand Nine Hundred Sixty Five Dollars and Zero Cents ($546,965.00) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT TERM: Upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than September 2, 2025 and shall complete it no later than November 28, 2025. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the 2 contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS___& FEES_ : Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract, and which are legally required. Contractor 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 Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor 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 the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to 3 City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICAT__ION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Work under this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or subcontract. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 4 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of 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. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention 5 and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liabilit Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. 6 Automobile Liabili' Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto", (insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such Insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City 7 Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30)calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum, and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be affected by written order and shall be binding upon City and Contractor. 8 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegates the duties thereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered In person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE_ BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, 9 epidemics, pandemics and related executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERM_I_NATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon In this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 10 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or Implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made In writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERA_BILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 31. PROHIBITION TO CONTRACT_ WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. 11 Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. CERTIFICATION PURSUANT_TO A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, TO hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 33. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor 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, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies 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. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors 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). City retains the legal right to inspect the papers of any 12 Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. ----SIGNATURES TO BE ON FOLLOWING PAGES ---- 13 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2025. CONTRACTOR: M.R R, a Ar' na corporation By: its: 0;"� ������ -{ 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: (=As= V 4�"' _ Richard J. Stern City Attorney 14 STATE OF Art ) )ss. County of The foregoing was subscribed and sworn to before me this day of , 2025, by C�Z �11�^ as of M.R. Tanner Construction, an Arizona Corporation. Notary Public My Commission Expires: �196[X-�21 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 City Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 15 Exhibit A MM &I:ANNER CONSTRUCTION 1327 W. SAN PEDRO STREET GILBERT, AZ 85233 To: APACHE JUNCTION,CITY OF Contact: Address: 575 E BASELINE AVE Phone: 480 474-5082 APACHE JUNCTION,AZ 85119 Fax: Project Name: Apache Junction Auto Center And Cactus Bid Number: Project Location: Bid Date: Item# Item Description Estimated uanti Unit Unit Price Total Price MILL & OVERLAY 1 1.50"MILL AC 16,000.00 SY $2.90 $46,400.00 2 1.50"UTBWC 16,000.00 SY $17.65 $282,400.00 3 PRELOWER UTILITIES 9.00 EACH $575.00 $5,175.00 4 ADJUST MANHOLE 8.00 EACH $720.00 $5,760.00 5 ADJUST WATER VALVE 1.00 EACH $670.00 $670.00 6 SURVEY MONUMENT 120-1B 5.00 EACH $320.00 $1,600.00 7 TRAFFIC CONTROL 1.00 LS $39,700.00 $39,700.00 8 OFF DUTY OFFICERS 1.00 LS $36,200.00 $36,200.00 9 STRIPING 1.00 LS $0.00 $0.00 Total Price for above MILL&OVERLAY Items: $417,905.00 REMOVE & REPLACE 10 CONCRETE R&R-DRIVEWAY 320.00 SF $44.00 $14,080.00 11 R&R CURB&GUTTER 35.00 LF $40.00 $1,400.00 12 DEMO FAILING ASPHALT,REGRADE,PAVE 5"THICK 5,310.00 SF $18,00 $95,580.00 13 TRAFFIC CONTROL 1.00 LS $18,000.00 $18,000.00 Total Price for above REMOVE&REPLACE Items: $129,060.00 Bid Price Subtotal: $546,965.00 Total Bid Price: $546,965.00 Notes: T • PRICING AND CONTRACT CONOTTIONS BASED ON CITY OF BUCKEYE JOC CONTRACT NO 2025081 7/9/2025 4:03.22 PM ,aq?1CM1 Exhibit B u..:.vfSKti I y•qV.> FJ 22 I 7• �,I/1[u1C•YNi iOutt.w+� ICIr:.u.wM.u.N.aC YR(PSIIIar Wwivw.�� _. .� .. I ( •. �•P �_ 1W(n'n:�.w�LN�p�, ` To If le u I a ! ..w�� � ���•ro' �c' 36 3 {E{E 1J' i J a 3 I 7 �� � � $ � � 10 �� 11 �� 11. � LEGEND Pavement Overlay ----N ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 8/25/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomement(s). Breinholt Anderson Insurance Consultants LLC CER NAMEA T Bevin Smith 4140 E. Baseline Road, Suite 201 PHoho,ExM-480-935-6021 FF .No1:480-935-7009 Mesa AZ 85206 E-MAIL ADDRESS.: Certificatesobaicins.com INSUREll AFFORDING COVERAGE NAIL A INSURED MRTANNE 0 INSURER A:James River Insurance Company _ 12203 1'M.R.Tanner Development&Construction, LLC; 1327, LLC INSURER B:Zurich American Insurance Company 16535 M.R. Tanner Equipment and Leasing LLC;TICAM Industries, LLC INSURERC:Travelers Property Casualty Insurance Company 36161 1327 W San Pedro Street INSURERD:Gotham Insurance Company 25569 Gilbert AZ 85233-2403 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:348333866 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIM TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R TYPEOFINSURANCE AD6LBR POLICYEFF ' POLICY EXP T POLICY NUMBER I LIMITS B X CoMMERCIALGENERALLIABILITY Y Y GLO9327653.01 3/1/2025 311/2026 EACHOCCURRENCE S1,000.000 I CLAIMS-MADE X OCCUR DAIAFGE'TO PERM PREMISES1Ea occurrence) S 100,000 MED EXP(Any one person) S 10.000 X DID:$1 000 PERSONAId ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER POLICY X PRO- X LOC GENERAL AGGREGATE 52.000,000 JECTPRODUCTS-COMP/OP AGG $2,000,000 OTHER: E Ben Lie A ,rr S1,000,000 B AUTOMOBILE LIABILITY Y Y BAP 9327654-01 31112025 311/2026 ABIIN�EDiSINGLE L M T S 1,000.000 X ANY AUTO BODILY NJURY(Per person' S AUTOOWNED Jj`�' SCHEDULED BODILY NJURY,Per acadenf S AUTOS ONLY AUTOSNON-OWNED I A RED NON S N ONLY PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY � (Per acadenlZ X HNOAMAPO X ACV Com :oI DeOmble s$1 OOO/S2.500 A X UMBRELLA LIAR X OCCUR 00149424-1 3/112025 3/112026 EACH OCCURRENCE S10000,000 X EXCESS UAB EX202500004224 3/112025 3/1/2026 _ yCLAIMS-MADE, AGGREGATE $10,000.000 DIED X RETENTIONS S B WORKERSCOMPENSA71ON Y WC 9327652-01 3/1/2025 3/112026 X ANDEMPLOYERS'LIABILITY YIN -S�ATLITE- _ER H _ ANYPROPRIETORIPARTNERIEXECUTIVE E.,.EACH ACCIDENT $1,000.000 OFFICE RIM EMBER EXCLUDED? a N!A , (Mandatory in under E_ DISEASE-EA£MPLOYEEj$1.000 000 I!yes,tlesailxt under DESCRIPTION OF OPERATIONS below I., DISEASE•POLICY LIMIT $1 000,000 C Contractors Equipment Y 630A6248767 3/112025 3/112026 ACVIRC-Per Schedule Ded$1,000 Leased/Rented Equipment Y Installation Floater leasedlRenied $500.000 Per Item -emp-rfansrt0saster 500,000/$1.500 000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required( Certificate Holder and others are additional insureds(General Liability,Auto Liability)when required by written contract,and regarding work performed on behalf of the named insured.Coverage is primary and non-contributory(General Liability,Auto Liability)when required by written contract.A waiver of subrogation applies(General Liability,Auto Liability,Workers Compensation)as required by written contract.The Umbrella/Excess Liability policies follow form over the General Liability,Auto Liability and Employers Liability.A 30-day notice of cancellation applies.Additional Named Insured M.R.Tanner Development &Construction,LLC dba M.R.Tanner Construction;M.R.Tanner Enterprises,LLC RE Job#745-00 CITY OF APACHE JUNCTION FY 26 OVERLAY Addittonal Insureds include:City of Apache Junction,and its officers and employees CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS, 575 E Baseline Ave Apache Junction AZ 85119 AUTHORUEDR7PRESENTATIVE i 9)1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No. 5. 'QrroN* File ID: 25-458 Sponsor: Joel Stern Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Consideration of approval of First Amendment to Pre-Annexation Development and Drainage Settlement Agreement between the City of Apache Junction and Fortune Travel, Inc. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 PpACHF� i, city ofApdc e junction Horne of the Superstition Mountains qR► P oN CityAttorn.ey's Office TO: Honorable Mayor and DATE: September 3, 2025 Members of City Council FROM: Joel Stern City Attorney SUBJECT: DEVELOPMENT AGREEMENT WITH FORTUNE TRAVEL, INC. The owner of the property ("Developer") located at the southeast corner of Southern Avenue and Meridian Drive in 2009, entered into a development agreement with the city wherein the property would be annexed into the city limits with trailer homesite zoning, allowing up to 650 manufactured home units, among other things, with a term expiring on May 30, 2030. Because of circumstances beyond the control of the parties, an amendment to the agreement until June 30, 2035 is recommended along with the following new condition: At least sixty (60) calendar days before each anniversary date of the five (5) year extension Execution Date, Developer shall provide the city manager by email (with a read receipt), a status report on the development efforts and Developer's ability to procure a 100-year assured water supply for the Property The proposed First Amendment and the 2009 Development Agreement are attached for your review. ` O�ry OFFICIAL RECORDS OF 18 75 PINAL COUNTY RECORDER WHEN RECORDED RETURN TO: m � LAURA DEAN-LYTLE City Attorney City of Apache Junction DATE/TIME: 0 8/21/0 9 1253 300 East Superstition Boulevard FEE: $2 5.5 0 Apache Junction, Arizona 85119 PAGES: 34 FEE NUMBER: 2009-086010 PRE-ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT CITY OF APACHE JUNCTION,ARIZONA an Arizona municipal corporation, and FORTUNE TRAVEL, INC. an Oregon corporation August 18 , 2009 1 PRE-ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT This PRE-ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT ("Agreement") is entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and FORTUNE TRAVEL, INC., an Oregon corporation ("Developer"). City and Developer are sometimes herein referred to collectively as"Parties", or individually as a"Party". RECITALS 1. Developer owns approximately one hundred twenty-three (123) acres of unimproved real property, Pinal County Assessor Parcel Nos. 102-19-003A and 102-19-0038, located adjacent to the southeast corner of Meridian Boulevard and Southern Avenue in unincorporated Pinal County, Arizona (the "Property"), the legal description and map of which are attached hereto as Exhibit A and are incorporated herein by reference. 2. The Parties desire that the Property be annexed into the corporate limits of the City; and once annexed, it is the intention of Developer to develop the Property in phases as an active adult manufactured home community consisting of approximately 650 residential units and a clubhouse. 3. The annexation of the Property, the contemplated development and use of the Property pursuant to this agreement are consistent and in harmony with the 1999 Apache Junction General Plan("General Plan"). 4. Developer desires to gain consent from the City for Superstition Mountains Community Facilities District No. 1 ("Sewer District") to provide sewer service to the Property pursuant to A.R.S. § 48-709 (A)(14). 5. Developer has submitted, or will submit, a completed development review application for the Property (which includes, but is not limited to, applications for approval of grading and drainage, traffic, elevations, site plan, landscaping, and signage) for review by City in accordance with City's customary and ordinary zoning, planning and development review processes. The proposed Site Plans for the Property are attached hereto as Exhibits B-1, B-2, B- 3 and B-4. 6. It is anticipated that development of the Property pursuant to this Agreement will result in aesthetic, planning, economic and other tangible and intangible public benefits to the City including providing for the construction of the Public Roadway Improvements and Drainage Improvements as more fully described in Exhibit C, providing for planned and orderly development of the Property, adding to the tax base and otherwise increasing tax revenues to the City arising from or relating to the Property, improving or enhancing the economic welfare of the residents or businesses of the City and advancing the goals of the Apache Junction General Plan, and providing for additional tangible and intangible municipal benefits provided for in this Agreement. 2 7. The Parties understand and acknowledge that this Agreement is a "Development Agreement"within the meaning of, and entered into pursuant to the terms of, A.R.S. §§ 9-500.05 and 9-500.11. In order to facilitate the annexation, this Development Agreement provides for, among other things: (i) conditions, terms, restrictions and requirements for the annexation of the Property by the City; (ii) the permitted uses of the Property; (iii) the density and intensity of such uses; and (iv) other matters related to the development of the Property. The terms of this Agreement shall constitute covenants running with the land as more fully described in this Agreement. 8. This Agreement is also intended to settle any and all fugitive drainage claims, objections, and alleged stormwater drainage damages that currently exist or could be brought by either Party, and fully to release and discharge all claims that either Party may have against the other in connection with such claims and damages. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto state, confirm and agree as follows: SECTION 1. ACCURACY OF THE RECITALS The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. SECTION 2. TERM This Agreement shall commence on the date that the conditions in Section 4 are satisfied and this Agreement is recorded ("Effective Date") with the Pinal County Recorder's Office and shall continue until May 30, 2030, or until all obligations have been fully performed, which ever date is sooner. Notwithstanding the foregoing, provided City is not in default, all obligations of Developer to indemnify, defend and hold the City harmless shall survive the expiration or earlier termination of this Agreement. SECTION 3. APPLICABLE LAWS The development and operation of the Property including, without limitation, the type of use, the maximum height and size of the buildings, building setback requirements, parking requirements, signage, landscaping requirements, provisions for dedication of land for public purposes, will be governed by the following, as they exist on the Effective Date and as amended by the Mayor and City Council from time to time provided the changes are not in conflict with the Development Agreement or Planned Area Development and does not alter including the density, design criteria, lot size, setback and parking requirements established in the Planned Area Development approved by the City Council in the Zoning Application; Arizona Revised Statutes, Federal laws, the City's General Plan; the Apache Junction City Code, Land Development Code, Zoning 3 Ordinance, Site Plan, Subdivision Regulations, as applicable, Engineering Policies and Guidelines, Building Codes; stand-alone ordinances and resolutions and all other requirements and policies and practices which apply to the development. SECTION 4. ANNEXATION AND ZONING A. Annexation 4.A.1. Developer shall deliver to City a Petition for Annexation of the Property duly executed by all necessary property owners and others holding any interest in the Property (the "Annexation Petition"). Upon receipt of the Annexation Petition, and other petitions from affected property owners, City shall comply with the provisions of A.R.S. §§ 9-471 et seq., and, if annexation of the Property is thereupon determined to be in the best interest of City, City shall adopt the final ordinance annexing the Property into the corporate limits of City (the "Annexation Ordinance"). It is anticipated this Agreement, the Annexation Ordinance and the Rezoning, will all be considered by the Mayor and City Council on the same date. 4.A.2. The effective date of the Annexation Ordinance shall be referred to in this Agreement as the"Annexation Date." Developer shall take all actions and execute all documents reasonably necessary to cause or facilitate the completion of the annexation process. Developer agrees, understands and acknowledges without limiting any other remedy or relief for a subsequent breach of any of the conditions of this Agreement, that once the Property has been annexed into the corporate limits of the City, there presently does not exist any statutory remedy for such breach by the City that would result in the Property being automatically de-annexed from the City and returned to the status of being located in unincorporated Pinal County territory. B. Zoning Contemporaneously with the Annexation Ordinance and pursuant to A.R.S. § 9-471 (L), City staff shall recommend to the City Council, a City zoning classification for the Property of General Rural ("GR"), which is the equivalent to the Property's current Pinal County zoning classification. In addition, immediately after the Annexation Ordinance is considered by the Mayor and City Council, staff will recommend to the Mayor and City Council a zoning designation for the Property as Trailer Homesite by Planned Development ("TH-PD"). The enactment of any zoning ordinance with respect to the Property shall be in the sole discretion of the City Council. C. Conditions Precedent 4.C.1. The annexation of the Property into the City, and the adoption of a TH-PD Zoning classification with conditions of approval mutually acceptable to City and Developer for the Property are conditions precedent to the commencement and effective date of this Agreement. In 4 the event of a failure of the conditions precedent to be met, Developer upon seven (7) calendar days' written notice to the City, shall elect either to terminate this Agreement or to waive such conditions precedent and thereupon to undertake the Developer's obligations as described in Section 5. 4.C.2. Reconsideration Provision: The City agrees to place the annexation ordinance on the next City Council meeting for reconsideration upon Owner's timely written request for reconsideration if. (a) any person or entity timely files any protest, appeal, referendum, litigation or other petition (including, but not limited to, any petition filed pursuant to A.R.S. Section 9- 471 (C)) challenging the validity or approval of the Annexation Ordinance; (b) the City does not, at or before the same City meeting in which the Annexation Ordinance is adopted approve the zoning; (c) any person or entity timely files any protest petition challenging the validity or approval of the Zoning; or (d) any person or entity timely files any protest, appeal, referendum, litigation or other petition challenging the validity or approval of this Agreement. If Owner exercises its rights under this Section 4, the request will be submitted to the City in sufficient time to allow for requisite notice periods under the City's Codes and Ordinances. 4.C.3. Automatic Termination of Agreement. The City and Developer hereby acknowledge and agree that this Agreement shall automatically terminate and be of no force or effect if the City's annexation of the Property does not, for any reason become effective and final pursuant to A.R.S. § 9-471(D) on or before May 10, 2010. SECTION 5. DEVELOPER'S OBLIGATIONS Developer's obligations under this Agreement and Section 5 shall only be required if the Developer elects in its sole and absolute discretion to proceed with the development. At that point and only at that point, the Developer shall be obligated to complete the Public Roadway Improvements and Drainage Improvements as set forth and described in Exhibit C. If Developer proceeds, Developer agrees to do all of the following: a. Sign an annexation petition as referenced in Section 4 as presented by the City and take any other reasonable action if necessary at no cost or expense to City to accomplish annexation of the Property into the corporate limits of City. b. At its sole cost and expense, build and complete the Public Roadway Improvements and Drainage Improvements as set forth and described in Exhibit C to the City Engineer's satisfaction within the time frames established for each phase. City acknowledges that Developer will be reimbursed $160,000 for Drainage Improvements and shall receive a Development Fee credit for Right of Way dedication value and Public Roadways Improvements in accordance with ARS § 9- 463.05(B)(3). City further acknowledges that Developer shall only be responsible for twenty-five percent (25%) of the traffic signalization costs at Southern and Meridian. c. Complete construction on a clubhouse which is detailed on the case file renderings which has been submitted to the Development Services Department, Planning Division,no later than thirty(30)months after obtaining all governmental approvals. 5 SECTION 6. CITY'S OBLIGATIONS City agrees to do all of the following: a. So long as Developer is not in default of this Agreement, upon completion and approval of the Drainage Improvements detailed in Exhibit C, pay Developer an amount of no more than One Hundred Sixty Thousand Dollars ($160,000.00). Payment shall be made by City within sixty(60) calendar days after receipt by City of written demand from Developer for reimbursement, including copies of receipted invoices (showing payment in full) and lien releases for all work. Developer understands and agrees that City shall not reimburse Developer for interest relating to the Public Roadway Improvement or Drainage Improvement costs or any other sum arising from or relating to the fact that the reimbursements to Developer may be paid over time. This shall be the entire payment from the City to Developer with respect to the Drainage Improvements, notwithstanding any greater cost or expense incurred by Developer. b. Reimburse Developer all offsets that are allowable (as determined by the Development Fee Administrator) under Apache Junction Cites, Vol. II, Land Development Code, Chapter 7 Development Fees for roadway improvements to Meridian Drive and Southern Avenue, and any associated traffic signalization as required in Exhibit C. City shall provide Development Fee credits toward the payment of the development fee for the required dedication of public right-of-way for which the development fee is assessed provided by Developer in accordance with A.R.S. § 9-463.05(B)(3). c. Completion of construction of the Drainage Improvements by Developer as described in Exhibit C are conditions precedent to the City providing the reimbursements to developer provided in subsections(a) and(b) above. SECTION 7. CONSTRUCTION The Public Roadway Improvements shall consist of construction of all adjacent half streets (Southern Avenue and Meridian Drive), curbs, gutters, sidewalks, streetlights, underground utility work, and City-required traffic signals described in Exhibit C to this Agreement. SECTION 8. DESIGN, BIDDING, CONSTRUCTION AND DEDICATION The Public Roadway Improvements shall be designed, bid, constructed and dedicated in accordance with Applicable Laws, including without limitation all Applicable Laws concerning City procurement and public bidding procedures such as, but not limited to A.R.S. Title 34 as determined to be applicable by the City Engineer. SECTION 9. CITY REVIEW AND APPROVAL OF PLANS 6 Developer recognizes that its development and construction of the Public Roadway Improvements and Drainage Improvements pursuant to this Agreement are subject to City's normal plan submittal, review and approval processes and fees, and day-to-day inspection services. SECTION 10. DEDICATION, ACCEPTANCE AND MAINTENANCE OF PUBLIC IMPROVEMENTS When the Public Roadway Improvements as determined by City are considered to be completed, upon written request of City or Developer, Developer shall dedicate and City shall accept such Public Roadway Improvements in accordance with the Applicable Laws set forth above and upon such reasonable and customary conditions as City may impose, including without limitation a two (2) year workmanship and materials contractor's warranty. Upon acceptance by City, the Public Roadway Improvements shall become public facilities and property of City, and City (subject to the warranty described above) shall be solely responsible for all subsequent maintenance, replacement or repairs. With respect to any claims arising prior to acceptance of the Public Roadway Improvements by City, Developer shall bear all risk of, and shall indemnify, defend, pay and hold harmless City and its officials, employees and City Council members, for, from and against any claim arising from any injury (personal, economic or other) or property damage to any person, entity or utility, arising from the condition, loss, damage to or failure of any of the Public Roadway Improvements. Developer shall not dedicate, and City shall not accept ownership of, the Drainage Improvements described in Exhibit C, and Developer shall maintain the Drainage Improvements in perpetuity consistent with conventional drainage maintenance standards. The foregoing covenant of Developer to maintain the Drainage Improvements shall survive the expiration or earlier termination of this Agreement. SECTION 11. TIMING FOR PAYMENT OF CITY FEES Developer shall pay all impact, development, and administrative fees currently in effect or as may be adopted in the future (referred to individually as a "City Fee" or collectively as "City Fees") as and when such City Fees are assessed, due or otherwise required to be paid by Developer, except that payment of Permitting Fees and Development Fees assessed for each unit pursuant to Apache Junction City Code, Volume 11, Land Development Code, Chapter 7, Development Fees, may be paid on a unit by unit basis. SECTION 12. CITY REPRESENTATIONS City represents and warrants to Developer that: a. City's execution and approval of this Agreement has been made in compliance with the procedural requirements of the Apache Junction City Code and Arizona Revised Statutes. b. City will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement. 7 c. As of the date of this Agreement, City knows of no litigation, proceeding, initiative, referendum, or investigation contesting the powers of City or its officials with respect to this Agreement that has not otherwise been disclosed in writing to Developer. d. The execution, delivery and performance of this Agreement by City is not prohibited by, and does not conflict with, any other agreements, instruments or judgments or decrees to which City is a party or is otherwise subject. e. City has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. SECTION 13. DEVELOPER REPRESENTATIONS Developer represents and warrants to City that: a. Developer has the full right, power and authorization to enter into and perform this Agreement and the obligations and undertakings of Developer under this Agreement, and the execution, delivery and performance of this Agreement by Developer has been duly authorized and agreed to in compliance with the organizational documents of Developer. b. All consents and approvals necessary to the execution, delivery and performance of this Agreement have been obtained, and no further action needs to be taken in connection with such execution, delivery and performance. c. Developer will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement, evidence and enforce this Agreement. d. As of the date of this Agreement, Developer knows of no litigation, proceeding or investigation pending or threatened against or affecting Developer, which could have a material adverse affect on Developer's performance under this Agreement that has not otherwise been disclosed in writing to City. e. This Agreement (and each undertaking of Developer contained herein) constitutes a valid, binding and enforceable obligation of Developer, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable principles, whether considered at law or in equity. Developer will defend the validity and enforceability of this Agreement in the event of any proceeding or litigation arising from its terms that names Developer as a party or which challenges the authority of Developer or City to enter into or perform any of its obligations hereunder and will cooperate with City in connection with any other action by a Third Party in which City is a party and the benefits of this Agreement to City are challenged, and Developer shall indemnify, defend, pay and hold City harmless for, from and against all costs, expenses and attorneys' fees incurred by City in connection with any such action to defend enforceability of this Agreement. City and Developer agree to work together to: 1) evaluate the obligation to proceed in defense of this Agreement, or 2) to mutually 8 terminate this Agreement; and 3) provide for reimbursement by Developer to City for any challenged payments made under this Agreement for Drainage Improvements. In no event shall Developer be obligated to spend more than $160,000 in defense costs. f. The execution, delivery and performance of this Agreement by Developer is not prohibited by, and does not conflict with, any other agreements, instruments, judgments or decrees to which Developer is a party or to which Developer is otherwise subject. g. Developer has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement other than normal costs of conducting business and costs of professional services such as the services of architects, engineers and attorneys. h. Developer has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. SECTION 14. COOPERATION City and Developer each shall designate and appoint a representative to act as a liaison between City and its various departments and Developer. City or Developer may change their representatives at any time, but each Party agrees to have a current active representative appointed for such purposes. The initial representative for City("City Representative") shall be City Manager George Hoffman (or his successor or designee if notice is provided to Developer); and the initial representative for Developer ("Developer Representative") shall be Project Manager Todd Lutz (or his successor or designee if notice is provided to Developer). The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to this Agreement, but the representatives do not have the power or authority to alter or amend any term, condition or provision of this Agreement. SECTION 15. DEFAULT Failure or unreasonable delay by any Party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) calendar days or such other reasonable amount of time necessary to cure the default, provided the cure has commenced and is being prosecuted diligently, continuously and in good faith, and after written notice thereof from the other Party (the "Cure Period"), shall constitute a default under this Agreement. Said notices shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non-defaulting party shall have the remedies set forth below. Said notice shall specify the nature of any alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such Default is not cured within the Cure Period, the non-defaulting party shall have the remedies set forth as follows: (1) City's exclusive remedies for a Default by Developer shall consist of, and shall be limited to the following: 9 (A) For a breach by Developer of this Agreement, City's exclusive remedy shall be to terminate City's obligations arising under Sections 6(a) of this Agreement by written notice thereof to Developer. (B) At any time, City may seek special action or other similar relief(whether characterized as mandamus, injunction or otherwise), requiring Developer to undertake and to fully and timely address a public safety concern or to enjoin any construction or activity undertaken by Developer that is not in accordance with the terms of the Agreement. (C) Nothing in this Agreement shall be deemed to limit City's administrative remedies or City's remedies against Developer with respect to a breach by Developer of its obligations of indemnity. (2) Developer's exclusive remedies for a Default by City shall consist of, and shall be limited to the following: (A) Developer's exclusive remedy for a monetary Default by City shall consist of and shall be limited to recovery of damages for unpaid amounts due in accordance with the provisions of this Agreement. Such damages shall be deemed to consist of Developer's actual damages as of the time of entry of judgment (meaning the right to receive payments in accordance with the terms of this Agreement). Developer expressly waives any right to seek consequential, special, punitive, multiple, exemplary or any other damages with respect to a monetary Default. (B) Nothing in this Agreement shall be deemed to limit the Developer's remedies, as may be provided by law or in equity, for non-monetary Defaults by City. SECTION 16. ENFORCED DELAYS (FORCE MAJEURE) Neither City nor Developer, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus directly affecting the Property (whether permanent or temporary) by any public entity. In no event will Enforced Delay include any delay resulting from unavailability for any reason of particular tenants or purchasers of portions of the Property, labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Developer in connection with the Property. Developer agrees that Developer alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times 10 for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay and continue notification every sixty (60) calendar days until cured. SECTION 17. ATTORNEY FEES AND COSTS; INDEMNITY In the event of commencement of a legal action in an appropriate forum by a Party to enforce any covenant or any of such Party's rights or remedies under this Agreement, including any action for declaratory or equitable relief, the prevailing Party in any such action shall be entitled to recovery of its reasonable attorneys' fees and court costs and expenses, including, but not limited to, its costs of expert witnesses, transportation, lodging and meal costs of the Parties and witnesses, costs of transcript preparation and other reasonable and necessary direct and incidental expenses associated with such dispute. SECTION 18. SETTLEMENT OF ALL CLAIMS The Parties agree that they (and their successors and assigns) will not initiate or cause to be initiated against each other or any of their current, past, or future agents, servants, employees, elected officials, appointed representatives, attorneys, fiduciaries, subsidiaries, affiliates, divisions, successors, assigns, or any person or entity acting or claiming by, through, under or in concert in both their personal and corporate capacities (collectively "Representatives"), any claim, lawsuit, action, appeal, investigation, or proceeding of any kind pertaining or in any way related to any past or present drainage/stormwater/fugitive (or other) water associated with flow or drainage from or onto the Property or loss, damage or injury to persons or property therefrom (collectively the"Water Claims"). Further, the Parties, their heirs, executors, administrators, and assigns, hereby release and forever discharge each other and their respective Representatives referred to above from any and all claims, demands, damages, causes of action, and any liability whatsoever, known or unknown, suspected or unsuspected, relating to the Water Claims. The Parties warrant that they do not have (and hereby expressly release and disclaim) any claim, charge, or complaint, either formal or informal,pending against each other, their Representatives referred to above, with any court, tribunal, administrative agency, governmental agency, insurance or bonding agent relating to any past or present drainage/stormwater/fugitive water associated with the Water Claims. The Parties agree that this Agreement may be pleaded as a complete bar to any action or suit before any court or administrative body, with respect to any claim under federal, state or other law, provided that the Party offering this Agreement as a bar to such action or suit is not in default of its obligations arising under this Agreement. SECTION 19. MISCELLANEOUS PROVISIONS 11 A. City Access to Property, Developer agrees to permit access to the Property by the City, its officials, personnel and designees, at reasonable times, subject to reasonable safety requirements as Developer may impose from time to time, to assure compliance with all Applicable Laws, the Planned Development and the terms of this Agreement. B. Public Access. Developer will grant to City, as may be necessary, recorded emergency vehicle access and use easements over and through any private roadways as may exist from time to time within the Property. C. Restriction on Transfers. During the first three (3) years after execution of this Agreement, Developer may transfer its interest to another entity to perform the construction of the Project as long as Michael and/or Ernie Thesman are listed as Principal and Managing partners of said entity. However, during the same period, Developer may not transfer its interest to another entity if Michael and/or Ernie Thesman are not Principal or Managing partners without prior written consent of City, which consent may not be unreasonably withheld. During the first three (3) years of this Agreement is in effect, Developer shall provide written notice ("Transfer Notice") to City with respect to any sale or assignment of any interest in Developer which results in Michael or Ernie Thesman not becoming a Principal or Managing Member of the entity. Such Transfer Notice shall be tendered to City at least sixty (60) calendar days before such Transfer takes place. The transfer prohibition shall not apply if Michael or Ernie Thesman provides documentation satisfactory to City in its reasonable discretion of a permanent and substantial medical illness or disease, disability or death of either Michael or Ernie Thesman. D. Development Agreement Approval. Both Parties agree and understand this Agreement is subject to approval by at least a majority of the Council. E. Severability. City and Developer each believes that the execution, delivery and performance of this Agreement are in compliance with all Applicable Laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any Applicable Laws) such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that, if the City Attorney determines that such action is legally permissible, 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; provided, however, in no event shall such reformation require any general fund expenditure or incurrence of indebtedness by City. The Parties further agree, in such circumstances, to do all acts and to 12 execute all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. F. Rights and Remedies are Cumulative. Subject to the provisions and limitations of Section 15, the rights and remedies of the Parties are cumulative, and the exercise by either Party of any one or more of such rights shall not preclude the exercise by it, at the same or different times, of any other right or remedy for any other non-performance by the other Party. G. Notices and Filings. Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), with all postage and other delivery charges prepaid: If to City: City of Apache Junction Attn: City Manager, George Hoffinan 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone: (480)474-5066 Facsimile: (480)474-5110 And to: City of Apache Junction Attn: City Attorney, Joel Stern 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone: (480)474-2604 Facsimile: (480) 982-5883 If to Developer: Michael Thesman 10100 Santa Monica Blvd., Suite 2400 Los Angeles, CA 90067 Telephone: (310) 551-0841 Facsimile: (310) 551-0413 And to: Sean Lake Pew& Lake, P.C. 1744 South Val Vista Drive Suite 217 Mesa, Arizona 85204 Facsimile: (480)461-4676 13 H. Effective Date and Notices. All such notices, demands or other communications will (i) if delivered personally or delivered through a same day delivery/courier service be deemed effective upon delivery or refusal to accept delivery by the addressee; (ii) if delivered by U.S. Mail in the manner described above be deemed effective upon the earlier of receipt or three (3) business days after deposit in a United States post office or with a United States postal officer; and (iii) if sent by a recognized national overnight delivery service be deemed effective one (1) business day after deposit with such service. Any payment by the City may be made in the same manner or manners provided in this Section for the provisions of Notices and shall be deemed made at the time provided in this Section for notices, demands and other communications. I. Waiver. The Parties agree that neither the failure nor the delay of any Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver of such right, remedy, power or privilege, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the Party asserted to have granted such waiver. J. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. K. Headings. The descriptive headings of the Sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. L. Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. M. Construction. The terms and provisions of this Agreement represent the results of negotiations between the Parties, each of which has been, or has had the opportunity to be, represented by counsel of its own choosing, and none of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings. The Parties each hereby waive the application of any rule of law which would otherwise be applicable in connection with the interpretation and construction of this Agreement that ambiguous or conflicting terms or provisions contained in this 14 Agreement (or any other provision of this Agreement) shall be interpreted or construed against the Party who prepared or attorney who prepared the executed Agreement or any earlier draft of the same. N. Integration/Entire Agreement. Except as expressly provided herein, this Agreement constitutes the entire agreement between the Parties with respect to the subject matters hereof and supersedes any prior agreement, understanding, negotiation or representation regarding the subject matters covered by this Agreement. O. Further Assurances. Each Party agrees to perform such other and further acts and to execute and deliver such additional agreements, documents, affidavits, certifications, acknowledgements and instruments as any other Party may reasonably require to consummate, evidence, confirm or carry out the matters contemplated by this Agreement or to confirm the status of(a) this Agreement as in full force and effect, and (b) the performance of the obligations hereunder at any time during this Term. P. Business Days. If the last day of any time period stated in this Agreement or the date on which any obligation to be performed under this Agreement shall fall on a Saturday, Sunday or legal holiday, then the duration of such time period or the date of performance, as applicable, shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday or legal holiday. Q. Consents and Approvals. Wherever this Agreement requires or permits the consent or approval of a Party to any act, document, use or other matter, such consent or approval shall be given or denied by such Party in its reasonable discretion, unless this Agreement expressly provides otherwise. R. Covenants Running With Land, Inurement. The covenants, conditions, terms and provisions of this Agreement shall run with the Property and shall be binding upon, and shall inure to the benefit of the Parties and their respective permitted successors and assigns with respect to such Property. Wherever the term "Party" or the name of any particular Party is used in this Agreement such term shall include any such Party's permitted successors and assigns. S. Recordation. Within ten (10) calendar days after this Agreement has been approved by City and executed by the Parties, City shall cause this Agreement to be recorded in the Official Records of Pinal County, Arizona. T. Amendment. No change or addition is to be made to this Agreement except by written amendment executed by City and Developer. Within ten (10) calendar days after any amendment to this Agreement, such amendment shall be recorded in the Official Records of Pinal County, Arizona. Upon amendment of this Agreement as established herein, references to "Agreement" shall mean the Agreement as amended. 15 U. Good Faith of Parties. Except where any matter is expressly stated to be in the sole discretion of a Party, in performance of this Agreement or in considering any requested extension of time, the Parties agree that each will act in good faith. V. Time of Essence. Time is of the essence in implementing the terms of this Agreement. W. No Partnership: Third Parties. Nothing contained in this Agreement shall, create, or be deemed to create, any partnership,joint venture or other similar arrangement between City and Developer. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right to cause of action hereunder; except that the indemnity provisions of this Agreement shall extend to all agents, attorneys, Council members and employees of City acting in the course and scope of their employment or engagement. X. Governing Law; Choice of Forum. This Agreement shall be deemed to be made under, shall be construed in accordance with, and shall be governed by the internal, substantive laws of the State of Arizona (without reference to conflict of law principles). Any action brought to interpret, enforce or construe any provision of this Agreement shall be commenced and maintained in the Superior Court of the State of Arizona in and for the County of Pinal (or, as may be appropriate, in the Justice Courts of Pinal County, Arizona, or in the United States District Court for the District of Arizona, if, but only if, the Superior Court lacks or declines jurisdiction over such action). The Parties irrevocably consent to jurisdiction and venue in such courts for such purposes and agree not to seek transfer or removal of any action commenced in accordance with the terms of this Section. Y. Survival of Indemnifications. All indemnifications contained in this Agreement shall survive the execution and delivery of this Agreement, the closing of any transaction contemplated herein, and the rescission, cancellation, expiration or termination of this Agreement upon the terms and for the period set forth in each respective Section. Z. Status Statements. Any Party (the "Requesting Party") may, at any time, and from time to time, deliver written notice to any other Party requesting such other Party (the "Providing Party") to provide in writing that, to the knowledge of the Providing Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified, and if so amended, identifying the amendments, (c) the Requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults, and (d) any other matter reasonably requested (a "Status Statement"). A Party receiving a request hereunder shall execute and return such Status Statement within fifteen (15) 16 business days following the receipt thereof. City Manager or any Assistant City Manager shall have the right to execute any Status Statement requested by Developer hereunder. City acknowledges that a Status Statement hereunder may be relied upon by transferees and mortgagees; provided, however, City shall have no liability for monetary damages to Developer, any transferee or mortgagee, or any other person in connection with, resulting from or based upon the good faith provision of any Status Statement by City. AA. Nonliability of City Officials, Etc., and of Employees, Members and Partners, Etc. of Developer. No City Council member, official, representative, agent, attorney or employee of City shall be personally liable to Developer, or to any successor in interest to Developer in the event of any Non-Performance or breach by City or for any amount which may become due to any of the other Parties or their successors, or with respect to any obligation of City under the terms of this Agreement. Notwithstanding anything contained in this Agreement to the contrary, except in the case of an intentional misrepresentation, the liability of Developer under this Agreement shall be limited solely to the assets of Developer and shall not extend to or be enforceable against: (i) the individual assets of any of the individuals or entities who are shareholders, members, managers, constituent partners, officers or directors of the general partners or members of Developer; (ii) the shareholders, members or managers or constituent partners of Developer; or(iii) officers of Developer. BB. Proposition 207 Waiver. Developer agrees, understands and acknowledges that City is entering into this Agreement in good faith and at the specific request of Developer, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Property from Developer. Developer, on behalf of it and its successors and assigns, intends to encumber the Property with the following agreements and waivers. Developer agrees and consents to all the conditions imposed by this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action Developer may have now or in the future under the provisions of A.R.S. §§ 12-1134 through and including 12-1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Property consistent with this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. Developer acknowledges and agrees to the terms and conditions set forth in this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof cause the fair market value of the Property to equal or exceed the fair market value of the Property in the absence of this Agreement, the Zoning the General Plan, Applicable Laws, and all permits 17 and approvals issued or granted by City in furtherance thereof, and such "land use laws." CC. Conflict of Interest Statute,• Compliance with Financing_Requirements. This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. This Agreement is subject to all applicable federal, state and local laws relating to the City's budget, annual appropriations, etc. Further, any obligations of the City under this Agreement are subordinate to any existing or future indebtedness or pledge of taxes made by City in connection with any bond indenture, municipal property corporation transaction, lease or other type of financing. DD. Risk of Loss. Developer assumes the risk of any and all loss, damage or claims to any portion of the Public Roadway Improvements unless and until title to the Public Roadway Improvements is transferred to City. With respect to any claims arising after acceptance of the Public Roadway Improvements, and subject to the warranties described below, City shall bear all risk of and against any claim arising from any injury(personal or economic or other) or property damage to any person, entity or utility, arising from the operation, effects, condition, loss, damage to or failure of any of the Public Roadway Improvement. Assuming Developer's channel carries at least 761 cfs, Developer shall not assume any risk or liability associated with the design of the roadway or injury that results from any backwater condition or overflow onto Southern Avenue beyond the Developer's channel design capacity of 761 cfs or the exiting water condition at the intersection of Southern and Meridian. At the time title to the Public Roadway Improvements is transferred to City by dedication deed, plat recordation, or otherwise, Developer will, to the extent allowed by law, assign to City all unexpired warranties relating to the design, construction and/or composition of such Public Roadway Improvements. Further, acceptance of the Public Roadway Improvements shall be conditioned on City's receipt of a two (2) year warranty of workmanship, materials and equipment, in form and content reasonably acceptable to City; provided, however, that such warranty or warranties may be provided by Developer's contractor or contractors directly to City and are not required from Developer, and that any such warranties shall extend from the date of completion of any Public Roadway Improvement, any component thereof, or the work of any specific trade or contractor, as applicable. EE. Insurance. During the period of any construction involving the Public Infrastructure Improvements, and with respect to any construction activities relating to the Public Roadway Improvements, Developer will obtain and provide City with proof of payment of premiums and certificates of insurance showing that Developer is carrying, or causing its contractor(s) to carry builder's risk insurance, comprehensive general liability and worker's compensation insurance policies in amounts and coverages set forth on Exhibit "D." Such policies of insurance shall be placed with financially sound and reputable insurers, require the insurer to give at least thirty (30) calendar days' advance written notice of 18 cancellation to City, and will name City as an additional insured on all such policies. FF. Assistance in Third Party Approvals. Upon written request, City shall reasonably (and at no cost to City) assist Developer in the coordination of third party approvals for all drainage issues affecting Federal, State and County agencies, but City shall not be responsible for complying with other agencies' orders, noncompliance declarations or required redesigns. GG. Privilege Taxes for Space Rentals. Developer shall collect rental privilege tax for each rented space and shall submit such taxes to the City pursuant to the City Tax Code Section 8A-445. HH. Privilege Taxes for Site Preparation, Set Ups, and Building Sales. Developer shall maintain a sales office in the City and shall treat all Developer sales as point of sale in the City and consequently shall pay all applicable privilege taxes associated with the site preparation, moving to the site, set up, and building sale to City pursuant to City Tax Code Section 8A-427. I1. Business and Privilege Tax License. Developer represents and warrants that any license necessary to perform the work under this Agreement is current and valid or will be obtained or be brought current. Developer understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Developer agrees to obtain a privilege license pursuant to City Tax Code Section 8A-300 and keep such license current during the term of this Agreement. Developer agrees to require any subcontractor hired to perform any task or work within the corporate limits of the City to acquire a privilege license pursuant to City Tax Code Section 8A-300, liability insurance and worker's compensation insurance. JJ. New Home and Features. The first sale and initial placement of all homes shall be new, not previously lived in units and not resale units. Developer will offer homes with attached garages as an option. Home exteriors may be vinyl sided with asphalt or architectural shingled roofs. 19 CITY: ATTEST: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: to Kathy Connelly City Clerk By: Jo I alaco APPROVED TO AS FORM: M r B �15-� y• R. Joel Stern, Esq. STATE OF ARIZONA ) Q ) ss County of I/�J�-�- ) Gam, The foregoing instrument was acknowledged bef4,;q me this of v-a S- , 2009, by S. /ry5�-r�ac.�� M4o — of the City of Apache Junction, Arizona, an Arizona municipal corporatio ,on behalf f he City. Notar Public My Commission Expires: NOTARY PUBLIC STATE OF ARIZONA Maricopa County JANET R MASON My Commission Expires 08/31/12 20 DEVELOPER: ATT ST FORTUNE TRAVEL, INC., an Oregon corporation By: Its: Secretary, Michael Thesman By: Its: President, Ernest Thesman STATE OF OREGON ) ss County of ) The foregoing ins was acknowledged before me this day of ,2009, ,the Fortune Travel, Inc., on b of such company. Notary Public _ My Commission Expires: G /¢7' 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On a4 before me, Dat Here Insert Manne and Title of the UTticer personally appeared e'"'""Z<5 Nar c Har(s) who proved to me on the basis of satisfactory evidence to be the personW whose nameks) ism subscribed to the within instrument and acknowledged to me that he/SJ'fe/tWy executed the same in his/chef/titer authorized capacity(i*, and that by his/I*/tf ak signatures on the ELSA ISARRA instrument the person,(,&); or the entity upon behalf of Conallission*1842963 which the persow acted, executed the instrument. ow Nobly Public-ca"forill 9V Los Angeles County I certify under PENALTY OF PERJURY under the laws my comm.Ex ins C29.2013 of the State of California that the foregoing paragraph is true and correct. WITNESS m hand an officia eal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ---- Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ��— ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact - ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee �;o'thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT A LEGAL DESCRIPTION The Northwest Quarter of Section 31,Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT that portion of the South half of the Northwest Quarter which lies South of the following described line; BEGINNING at a point on the West line of said Section 31, which point bears North 0 degrees 05 minutes 05 seconds East 850.00 feet from the West quarter corner of said Section 31; THENCE North 89 degrees 54 minutes 55 seconds East 55.00 feet; THENCE South 5 degrees 37 minutes 47 seconds East 251.08 feet; THENCE North 89 degrees 57 minutes 52 seconds East 2557.97 feet to the Point of Ending on the East line of said South half of the Northwest Quarter of Section 31; and EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits as reserved in the Patent recorded in Book 50 of Deeds, page 27. 22 �x bi f s I -I-h iT,u a Iq P)q' X, V' AW4 (�Olach',j JD�ve Ioy*- HI (�ACA Iharpar) CiIo �44 Tra V6 � . EXHIBIT B-1 CONCEPTUAL SITE PLAN 3F ... —a..y.or.rw..e... MUM"KOAD —,- -74 -T-4 m16 i Jr a • 0000 gw • 4 ti� v o � a�� ii ��� osag•� a m 23) EXHIBIT B-2 WALLS AND ENTRY MONUMENT ELEVATIONS S Z b i3 Z is 3 m Z 1 T m 3 � 3 d Z i I 7 i S Z 2 LA 20 t 7 � 3 a a 1"I f F� m E z • :0 0 c c� 3 — m V� Z 24 EXHIBIT B-3 PHASE PLAN VVIND"MAP a. lI rAL__ _ _ _ S f � _ r ` - arw ff 11 � •� `� ti 4 L T� f� C� 25 EXHIBIT B-4 RV PARK PLAN MERIDIAN ROAD rD � \ 1 D 3 RL ILI- k ir x / I 8 � i 1 V Y < CL D � T� o @ = � i � � W 26 EXHIBIT C PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS 1. SOUTHERN AVENUE IMPROVEMENTS All half street and such other related improvements, including but not limited to all road, curb, gutter, sidewalk, streetlight, water, sewer, and other public utilities, as determined by the City Engineer, for Southern Avenue, all of which borders Developer's Property, and twenty-five percent (25%) of the traffic signalization at the intersection shall be completed with the first phase of development. 2. MERIDIAN DRIVE IMPROVEMENTS All half street and such other related improvements, including but not limited to all road, curb, gutter, sidewalk, streetlight, water, sewer, and other public utilities, as determined by the City Engineer, for Meridian Drive, all of which borders Developer's Property shall be completed prior to the City issuing the 325t' set permit for a manufactured home within the Property. 3. DRAINAGE IMPROVEMENTS A storm water channel to be located on Developer's Property that is designed to carry a minimum of 761 cubic feet per second flow from the north side of Southern Avenue onto Developer's Property, which shall meet the City Engineer's specifications shall be completed with the first phase of development but in no event later than thirty (30) months after all governmental approvals have been obtained and the Developer has elected to proceed with the Development. The 100-year flow rate for the Property that shall be used during the design and construction of Drainage Improvements and on-site improvements coming from the North shall be 3,383 cubic feet per second("cfs"). 27 1 3 D m D y LD"1 Gl Z Gl G1 C Dm � -4 A A (_ m t7 d A D d d d t� \ W O N R) Z N N £ o N W N W (1J o a CIDO z o ^ D rl m O r r mm C zN 3 3 m Z _ D D Z7 0 D m -704 .N m m �J D Z -� � r0 r � r D r o 0 D C- -� 70 m " z� N N O m Ep N o O N (� � z rn Ili ❑ r r re Z N I+Z1f'1 M N CJn wc. D p 1 --� DZ t. r o N W N " o N Ln [ (,) \0� _0 ^ D £ A 1"� D zW fl D £ 1 ' 11 m 1 (11 n _ D Q Ul 1,D ,I. D £ v z Q A In N Z v C1 )K O O O o0> --I wd 6>--10> tdOoD3Z(n!//� ;Z7;Z7£Z.Z7rD V)(7D W D V)D O 0 Mm V)=2 V) -<-i�--iD NSC m rr, C DN Crn m m-u 5mr m D 2iDlioC) r :O D -i .,yr• C7�7.�{7 f*iS TIS a = '9rrlrD r m r mC) n M I Dv)A r 0m D DD „0m D;V I0n-i �\;)(7 W'9 tzm r'1Ctjmm3D �imCl r")r (7f olTl O_{ -40 no-l- 700M 3-1tjntJD;a o D 0-4 rrl� (") Z n rri p-I w b M ---i m I � -<{ R) C� D � <CfpdOAyzdmWc4 -�0 Z .Zm bd (c i1 � n < M � VO OD T M mZ C Z� D3 ZM M0r3 Zn I. DV 3 U 0T m o m Z r�''I Z x -I -i Z A C YE c/ 31E 28 000030 lUOd3H lVNl3\SU3dtld'JNIMFiOM\Ou0'dVVlc7ib3W'10c101v\d Z4££40£Z ON Qof s8n ualupodsuejl to luawyedap f4unoo edoopvVy SOOZ iagwaoaQ 4-8 Apn1S luawanoldwl yodaU leuij iopwoo pus Jw1u00 ssaooy peod uelpiaey4 L oo IM7 rn R1W Unarn95w n ��+ zr0C p � � y ��m z 81. C y CD ;;-T� r o 2 cA- cn IV w CIO a T fi1 . 00 00 L� }� t Lnw� � 7 — � TA 7i'i Q .y Y — ------- -- — NIw Una z � �entmll u��sa�l �r.upr.o21.LCI47�1� ��/� VJ I e 29 EXHIBIT D CITY OF APACHE JUNCTION INSURANCE REQUIREMENTS A. Property. During the period of any construction involving the Public Improvements, builder's risk insurance on an all-risk,replacement cost basis for the Public Improvements. B. Liability. During the period of any construction involving the Public Improvements, insurance covering the Developer and (as an additional insured) the City against liability imposed by law or assumed in any written contract, and/or arising from personal injury, bodily injury or property damage, with a limit of liability of $1,000,000.00 per occurrence with a $1,000,000.00 products/completed operations limit and a $2,000,000.00 general aggregate limit. Such policy must be primary and written to provide blanket contractual liability, broad form property damage,premises liability and products and completed operations. C. Contractor. During the period of any construction involving the Public Improvements, each of the general or other contractors with which the Developer contracts for any such construction shall be required to carry liability insurance of the type and providing the minimum limits set forth below: i) Worker's Compensation insurance and Employer's Liability with limits of$500,000.00 per accident, $500,000.00 per disease and $500,000.00 policy limit disease. ii) Commercial general liability insurance on a $1,000,000.00 per occurrence basis providing coverage for: Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Broad Form Property Damage X.C.U. iii) Business automobile liability including all owned, non-owned and hired autos with a limit of liability of not less than $1,000,000.00 combined single limit for personal injury, including bodily injury or death, and property damage. D. Architect. In connection with any construction involving the Public Improvements, the Developer's architect shall be required to provide architect's or engineer's professional liability insurance with a limit of $1,000,000.00 per claim. This policy, or other policies, shall cover claims for a period of not less than three (3) years after the completion of construction involving the Parcels and the Public Improvements. E. Engine . In connection with any construction involving the Public Improvements, the Developer's soils engineer or environmental contractor shall be required to provide engineer's professional liability insurance with a limit of $1,000,000.00 per claim. This policy, or other policies, shall cover claims for a period of not less than three(3) years after the completion of the construction involving the Property and the Public Improvements. F. CPI Adjustments. The minimum coverage limits set forth above shall be adjusted every five (5) years by rounding each limit up to the million dollar amount which is nearest the percentage of change in the Consumer Price Index (the "CPI") determined in accordance with this paragraph. In determining the percentage of change in the CPI for the adjustment of the 30 insurance limits for any year, the CPI for the month October in the preceding year, as shown in the column for"All Items" in the table entitled "All Urban Consumers" under the"United States City Averages" as published by the Bureau of Labor Statistics of the United States Department of Labor, shall be compared with the corresponding index number for the month of October one (1) year earlier. G. Primary Coverage. Developer's insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, agents, and employees shall be in excess of the coverage provided by Developer and shall not contribute to it. H. Indemnities. Coverage provided by the Developer shall not be limited to the liability assumed under the indemnification provisions of the Agreement. 1. Waiver of Subro ag tion. The policies shall contain a waiver of subrogation against the City, its officers, officials, agents, and employees Property. J. Notice of Cancellation: Each insurance policy shall include provisions to the effect that it shall not be suspended, voided, cancelled, reduced in coverage of in limits except after thirty(30) calendar days' prior written notice has been given to the City. Such notice shall be sent directly to City Manager, 300 East Superstition Blvd., Apache Junction, AZ 85119, and shall be sent by certified mail, return receipt requested. K. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed of approved unlicensed companies in the State of Arizona and with an "A.M. Best" rating of not less than A- VII. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect Developer from potential insurer insolvency. L. Verification of Coverage: Developer shall furnish the City with original certificates of insurance (ACCORD form or equivalent approved by the City) as required herein. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict of limit coverage shall be clearly noted on the certificate of insurance. All certificates are to be received and approved by the City before the Commencement of Construction. Each insurance policy must be in effect at or prior to the Commencement of Construction and must remain in effect for the duration of the Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide timely evidence of renewal will be considered a material breach of the Agreement. All certificates required by this Agreement shall be sent directly to City of Apache Junction, Attn: Public Works Department, City Engineer, 300 East Superstition Blvd., Apache Junction, Arizona 85119. The City reserves the right to require complete, certified copies of all insurance policies and endorsements required by this Insurance Exhibit at any time. M. Approval: Any modification or variation from the insurance requirements in Insurance Exhibit must have prior approval from the City Manager's Office whose decision shall be final. 31 Such action will not require formal contract amendment, but may be made by administrative action. N. Miscellaneous. References to Developer herein shall mean Developer and/or its general contractor(s). References herein to the Agreement shall mean the Development Agreement of which this Exhibit is a part. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. The City in no way warrants that the minimum limits contained herein are sufficient to protect Developer from liabilities that might arise and Developer may purchase such additional insurance as Developer determines necessary. 32 Docusign Envelope ID:7EE7C152-E034-40A2-9185-FCA56DA1DE35 FIRST AMENDMENT TO PRE-ANNEXATION DEVELOPMENT AND DRAINAGE SETTLEMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND FORTUNE TRAVEL, INC. THIS AMENDMENT is made and entered into this day of , 2025 ("the Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and FORTUNE TRAVEL, INC., an Oregon corporation ("Developer"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. On August 18, 2009, the Parties entered into a Pre-Annexation Development and Drainage Settlement Agreement (the "Agreement") for development of one hundred twenty-three (123) acres located adjacent to the southeast corner of Southern Avenue and Meridian Drive (the "Property"). B. In 2016, the Arizona Department of Transportation condemned and developed the southwest corner of the Property as a freeway on-ramp. No other development has taken place since that time. The Agreement is set to expire on May 30, 2030. C. To accommodate Developer's timeline and recognize challenges in state water law, Developer and City desire to amend the Agreement for an additional five (5) years ending on June 30, 2035. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: A. Section 2. TERM. The Term of this Agreement is from August 18, 2009 through June 30, 2035. B. Section 19. MISCELLANEOUS PROVISIONS. KK. Status Report. At least sixty (60) calendar days before each anniversary date of the five (5) year extension Execution Date, Developer shall provide the city manager by email (with a read receipt), a status report on the development efforts and Developer's ability to procure a 100-year assured water supply for the Property. Docusign Envelope ID 7EE7C152-E034-40A2-9185-FCA56DA1DE35 Additionally, except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. DEVELOPER: FORTUNE TRAVEL, INC., an Oregon —to oration By,:U1166el Thesman Its: President 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 Docusign Envelope ID:7EE7C152-E034-40A2-9185-FCA56DA1DE35 STATE OF ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2025, by _ as of Fortune Travel, Inc., an Oregon corporation. 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: 3 City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No.6. 'QrroN* File ID: 25-405 Sponsor: Evie McKinney Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Proclamation designating the week of September 17 through September 23, 2025, as "Constitution Week." City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 IF Vrotla atton CONSTITUTION WEEK SEPTEMBER 17 THROUGH SEPTEMBER 23,2025 WHEREAS, it is the privilege and duty of the American people to commemorate the two hundred and thirty-eight anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, the Constitution of the United States of America, the guardian of our liberties, represents the principles of limited government in a Republic dedicated to rule by law;and WHEREAS, on this day and during this week,we celebrate our great founding charter as a lasting beacon of freedom; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary;and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW,THEREFORE,I,Chip Wilson,by virtue of the authority vested in me as Mayor of the City of Apache Junction, Arizona, do hereby proclaim the week of September 17 through 23,2025 as CONSTITUTION WEEK IN WITNESS WHEREOF,I have hereunto set my hand and caustld the Seal of Apache Junction to be affixed the /& . day of .J 2025. Walter"Chip"Wilson Mayor ATTEST: �� Evie McKinney City Clerk City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No. 7. 'QrroN* File ID: 25-445 Sponsor: Chip Wilson Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No. 8. 'QrroN* File ID: 25-446 Sponsor: Bryant Powell Agenda Date: 9/16/2025 Index: In Control: City Council Meeting City Manager's Report City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No. 9. 'QrroN* File ID: 25-396 Sponsor: Bryant Powell Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Presentation and discussion with Apache Junction Police Chief Mike Pooley regarding department operational updates. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 PGNE Ju/y�,�' Q o cF� O APA �o is F DEPA� Apache Junction Police Department Update Chief Michael Pooley MovingForward and Healing i 7 OFFICER GABRIEL FACIO �'.DEPA`�'?�'/ ,/ JUn2 8,2025 Staffin Sworn: 95 Professional Staff: 57 Hiring Success Sworn Police Officer Professional Staff Total 44.86K 41.15K 40K 39.18K 3712K 33.24K 31.95K 30K 32 U O E20K z' IOK 0 2020 2021 2022 2023 2024 2025 Call Date&Time IY—) Current Technology • VirTra Training Simulator • Drones • License Plate Reader — Flock Camera Flock Camera Locations 00 JAP CHE UNCTION 0 0 North Side South Side F k — Force Multiplier • Total Hot List • Stolen License Plate a Alerts — 61037 224 • Stolen Vehicle • Missing Person 199 18 Future Technology • Real Time Crime Center (RTCC) • Drone as a First Responder (DFR) • 911 ENHANCED TRAINING WELLNESS • VirTra Training Simulator Physical Fitness • Classroom setting Recharge Room • Police Jiu Jitsu(P,� QUESTIONS ? City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No. 10. 'QrroN* File ID: 25-447 Sponsor: Eli Richardson Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Announcement of Current Events City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard ri. o� Agenda Item Cover Sheet Apache Junction,Az 1u N;Z1 85119 ` + Agenda Item No. 11. 'QrroN* File ID: 25-425 Sponsor: Evie McKinney Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of application for Class A Bingo License for Desire Maxwell with Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Ave., Apache Junction, AZ. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 �PpACH�d y - z CityApacheof Junction 4R+Z0NP Home of the Superstition Mountains September 16, 2025 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER EVIE MCKINNEY, CITY CLERK FROM: AMY GREENING, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A CLASS A BINGO LICENSE FOR DESIRE MAXWELL FOR RANCHO MIRAGE MOBILE HOME PARK An application for a Class A Bingo License has been submitted by Desire Maxwell for Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Avenue in Apache Junction, AZ. The Class A Bingo License is obtained for recreational and social purposes, returning all gross receipts to the players in prizes. Class A licenses cannot exceed $75,000 per year in gross receipts, and they are taxed at 2.5% of their adjusted gross receipts. The applicant was notified by mail and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendation of approval or denial to the Arizona Department of Revenue regarding this application. 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5092 www.apachejunctionaz.gov 1 - Application for Bingo License Packet Th18 App Ication for Bingo License Packet includes: CHECKLIST: • Arizona Form 833—Application for Bingo License Send copies of all documents listed below unless otherwise • Arizona Form 830—Affidavit noted. Before mailing, check to make sure that you have included the following: • Arizona Form 832— ❑ Endorsement by Local Governing Body � Original completed Application for Bingo License (Arizona Form 633). It is advisable that you obtain and review a copy of the Arizona Revised Statutes on "Games of Bingo' and the 2❑ Original completed affidavits (Arizona Form 830) Administrative Rules prior to initiating an application Class B and Class C applicants must include a These documents outline qualifications and requirements completed affidavit for each person participating for obtaining a bingo license and may be obtained from: in the conduct of your games. Class A applicants must include a complete affidavit for each person • www azleg.govd and participating as a manager, proceeds coordinator • www.azsosgov/public services/table_of_contents.htm and supervisors. All forms must be complete and legible. Please type or 3❑ Rental agreement if more than one licensee is using print using black ink only. Forms are available in a Tillable the same rented premises in which to hold bingo. pdf format at Arizona Department of Revenue (ADOR) a❑ AppiicaWn for Special Bonus Game (Arizona Form web site wwwazdor.gov. Be sure to include on your I 831) available at www.azdor.gov. If you do not application a telephone number where you (or another I conduct special bonus games do not complete the party responsible for the games) can be reached during application. the day. 5❑ License fee payable to the Arizona Department of The bingo license package for new license and appropriate Revenue. fees must be sent to and approved by the local governing License Type Fee body (the city council for incorporated cities or the county board of supervisors for unincorporated areas) prior to submission to the ADOR Bingo Section. Upon their class C. S200.00 approval or disapproval, the local governing body will forward the license package to the ADOR Bingo Section. a❑ The local governing body fee will be payable to the appropriate local governing entity: odorsemgnt Local OoVernin�13od_v Fotm, License Type Fee (Canljil_dJQ ih1j;: 2i 3 sryd .a of Adzp" Form 832} QlassA Endorsement by Local Governing Body and submit to your local governing body with the bingo license package. A bingo license cannot be Issued until this form is received by the ADOR Bingo Section. 7❑ If applying as a qualified organization, a current membership list must be submitted and must As part of the review of your application for a bingo license, indicate initial membership dates for all members the ADOR Bingo Section will conduct an analysis of any of the applicant organization. Any person from any purchase agreement for either equipment and/or real branch of the applicant who will be participating in the property to determine that such agreement is bona fide operation of bingo games must be included on the This analysis is conducted pursuant to A.R.S.5-406.F. The membership list. Bingo Section does not"approve"these agreements as to content or other legal ramifications.You are strongly advised s❑ If applying as a qualified organization,the following to consult with independent legal counsel to determine your must be submitted: charter documents, articles rights and obligations under these agreements. of incorporation, corporate bylaws, articles of association minutes of the establishment meeting, If you need additional forms or have any questions,please and minutes of meetings for two years(two months of call the ADOR Bingo Section in Phoenix at(602)716-7801 each year)immediately prior to the date of application for the applicant, parent and auxiliary. s❑ Purchase agreement for real property (where CITY OF APACHEJUNCTION applicable). ING 19'25 FH4:41 rp❑ Purchase agreementibill of sale for bingo equipment and supplies. ri❑ Original local governing body endorsement. ADOR 10331(1114) • Application for Bingo License • Type or print In black Ink and complete all Information requested on ttds form. If you do net, your apptication will be retuned. All Information Is wb]ect to verification. If you need more space,attach additional sheets. • All bhW licenses expire one year from the date of Inom To continue cmnducting Ilve bingo games, you must renew your license prior to the expiration date pursuant to A.R.S.§§5-403(C)and 5-410. I Ap iranf me A 7 Falsification of information 2s Mailing A _ mntained in this application (10 Ave 2b City Stale ZIP Code E USE ONLY.DO NOT MARK bl TIUS AREA. A Loa ° � �tA nc/ an 7 � -5 �`� asAdm Is tp90 C� . .L//AAL, sbCity ,�LJc-4tjl0 h Stav ZIP Codtlr 4a a r4 Perwo Alb Telep"(s'�L No. 9ief LIDO) tle- Z E-mail Address 4c Fax No. PM RCVD e,S l rnZj ..ue��e .CkryL- 5 Class B and Class C license applicants only: tf applying as a qualified organization, check one box to Indicate the type of organization: []Charitable ❑soda] ❑Religious ❑Veterans ❑Fraternal ❑Volunteer Fire Department ❑Homeowners Association ❑Nonprofrt Ambulance Service B Class 8 and Class C Hearse applicants only apptybng as a qualified organization,provide perwa or auxiliary hello nstion: 8a Parent Name ab Auxillary Name Address-Number and Street,Rural Rt..Apt No. Andreas-Number and Street,Rural Rt,Apt.No. City State ZIP Code City State ZIP Code 7 Class B and Class C license applicants only applying as a qualified organization, lisf Mg c mart officer or Board of 7a Name Tb Nana Title Tltte Address-Number and Sbvet,Rural Rt.,Apt, No. Address-Number and Sheet,Rural Ri.,Apt.No. City State ZIP Code Ctty State ZIP Code 7c Name Td Name Title We Address-Number and Street,Rural M..Apt No. Address-Number and Street,Rural Rt.,Apt.No. City State ZIP Code City State ZIP Code 8 Class 8 and Class C license 76 Ileants only: Bingoaccount information: Che cking Account Number Bank Name Bank Branch Continued on page 2 4 Applicanroparne Q f/tr-9 �/"9 �""ell APPLICATION FOR BINGO LICENSE 9 Class B and Class C license scants onl B1ngok&jgftLkULkW account information: Account Number Bank Name Bank Branch 10 Class B and Class C license applicants only: List all officers and/or supervisors authorized to sign checks from the accounts Nsted above. If applying as a qualified organization,all supervisors must be members of the applicant: 1 Oa No me 10b Name Title 'Rue 11 List the name(s)of the one or two persons who will serve as managers. if applying as a qualified organization, these persons must be members of the pplli rcant. Each person must submit an affidavit, 1la �, ,r(i 1014 A 11bName Title Title f Title 12 List the name of the one person designated as proceeds coordinator. If applying as a qualified organization,this person must be an o director a member of the applicant. Each person must submit an affidavit. Name J 1�e_ TWO 13 List the name(s)of the person(s)who will serve as supervisor. If applying as a qualified organization, each person must be a member of the applicant. Each person must submit an affidavit, ff additional names are required,please attach affidavits, 13e Na r ! Q o� 13b Name Title ( � TWO 14 List the names)of the person(s)who will serve as assistants. If applying as a qualified organization, each person must be a member or new member of the applicant. Exoapt for'Class A'licensees,each person must submit an affidavit. 14e 146 Name m 14c Nae J 14d Name 15 Strdt pd p6fe PH � ca[ w }Ge b lay* A441 r , U 16 Games of B!nWgomust not exceed 5 days a week. Indicate the time on each day that live bingo will be ed: SUN MON TUE WED THUR FRI SAT ❑a.m. ❑a.m. ❑e.m. 44 a.m. ❑a.m. ❑o.m. ❑a.m. m. . .m. . .m. m. . .m. _ .m. 6—_—_,Ekrn. Continued on page 3 :�] APPLICATION FOR BINGO LICENSE 17 Indicate the type of prernlses where bongo will be played. Check one box. a Neither rent nor mortgage will be paid from bingo funds. b ❑ Rented or leased. Attach rental eli9davft and copy of rental agreement. Landlord's Name Address-Number and Street,Rural Rt,Apt No. Telephone Number(with area code) city State ZIP Code c ❑ Owned solely by the organization. Attach aWy of mortgage, deed of trust, purchase agreement, escrow agreement, or other related document Holder of Mortgage Address-Number and Street,Rural RL,Apt No. Telephone Number(with area code) City State ZIP Code d Owned jointly with other organization. Attach c2gy of mortgage,deed of bust,purchase agreement,escrow agreement, or other related document. 1) Holder of Mortgage Address-Number and Street.Rural Rt.,Apt.No. Telephone Number(wHh area code) City State ZIP Code 2) Co-C ner Holder. Address-Number and Streel,Rural Rt,Apt Na Telephone Number(with area Code) City State ZIP Code 3) Co-Owner Holder: Address-Number and Streel,Rural RL,Apt.No. Telephone Number(with area code) City State ZIP Code 18 List bingo Ifcensees who are or will be conducting bingo In the game premises as you and those licensees located within 1,000 feet of your premises: 18a Name 18b Name Address-Number and Street,Rural Rt,Apt.No. Address--Number and Sheet,Rural Rt,Apt No. City State ZIP Code City State ZiP Code Continued on page 4 Applicant's �as st>cpvn�pa r C-f//1L APPLICADON FOR BINGO LICENSE 20 List bingo licensees who are or will be conducting bingo in the same premises as you and those liceoseea located within 1.000 feet of your premises: 20a Name lob Name Address-Number and Street Rural M.,Apt-No. Address-Number and Street.Rural Rt.,Apl-No. city State ZIP Code City State ZIP Code 21 Expected bingo expenses: a Mortgage: i per month Payable to Address Number and Street,Rural Rt..Apt,No. Telephone number(with area code) city State ZIP lode b Rent: $ per❑month ❑ hour ❑occasion Payable to Address-Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) city state ZIP Code c Janitorial Services: S per❑month ❑hour 0 occasion Payable to Address-Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) city State ZIP Code d Accounting Services:ice. . Per❑month ❑hour ❑occasion Payable to Address-Number and Street,Rural RI..ApL No. Telephone number(with area code) city State ZIP Code e Security Services: i per❑month ❑hour ❑occasion Payable to Address-Number and Street.Rural Rt..ApL No. Telephone number(wNh area code) City State ZIP Code f inqR Supplies: DO.r per el Add2-0 tamer aKeUees�I F< - No. Telephone nugrber(�vrlth areea�oo�e)� 2,6 C+�� (v q7 t� ZIP C�odeI(ka ((�� f� ff-- CClIJJ�J a l Line 21 continues on page 5 4 ADOR 10334(1114) Arizona Forth 833 Page 4 of 5 Pteylokn 71-1010(4106) Applicant's me own on page �5r � APPLICATION FOR BINGO LICENSE 19 Expected bingo expenses: a Mortgage: per month Payable to Address-Number and Street,Rural RL,Apt.No. Telephone number(with area code) city State ZIP Code b Rent: per❑month 0 hour [I occasion Payable to Address-Number and Street,Rural Rt.,Apt No. Telephone number(with area code) City State ZIP Code c Janitorial Services: S, per Q month ❑hour ❑occasion Payable to Address-Number and Sines!,Rural Rt.,Apt No. Telephone number(with area code) City State ZIP Code d Accounting Services:i — per©month Q hour Q occasion Payable to Address-Number and Street,Rural Rt,Apt.No. Telephone number(with area code) City State ZIP Code e Security Services: $k per 0 month Q hour ❑occasion Payable to Address-Number and Street,Rural Rt.,Apt.No. telephone number(with area code) City State ZIP Code -F� f Bingo Supplies: per�,✓ rota Rural �o�e Q /,,Q o Telepha�e nr O�w{th gn l�)!�%`r"lJ C vK 1'i Mate ZI W K 20 Who is your live bingo supp' 'O For all bingo pplies). Do foresee/pbrchasing/renting machines as`technological aids for your live bingo games? Continued on page 5 4 0 —1 Apoican as C� APPLICATION FOR 81N(30 LICENSE ,under penalty of perjury and upon oath,declare that 1 am duly authorized to sign and file this application. I hereby swear or confirm that 1 have read the foregoing application and know the contents thereof and that all information provided has been fully,accurately,and truthfully completed to the best of my knowledge. 4 ml9�Zs- K� SIGNATUREDATE TFLE Please mall to: Arizona Department of Revenue 1600 W Monroe street,Division Code 22 Phoenix.AZ 8M7 ft(602)716-7601 REVENUE USE ONLY.DO NOT NAM IN TIOS AREA. ❑Approved ❑Disapproved ❑Class A License ❑Class B License ❑Class C License Re+Aewer'e Name(pies"ON) Date License Number I Effective Date Expiration Date Arizona Form 830 Affidavit Bingo This affidavit must be completed by each person who wtstl Oo assist in Ow conduct of arty game of twigo. If arry infom►atlon Is blank or incorrect,the affidavit will be returned to you. AU information is subject to verdicabon. DWoswe of you Soclai Seasity Number(SSH)is voluntary. This Irffur bon may be used to est bfish positfye idenriflcabw for purposes of trinwnal background dxd s pursuant fo A.R.S.g 5-404. licensee's Name Lkanse Number Posltbn(check the appropriate boxes): biManager SupervIsor Proceed Coordinator As&*tant REVENUE USE ONLY.DO NOT MARK DI THIS AREA. ARient's Na �s 1 re Da�or inn, 5 f s rw— A ve L.c S C ty state ZW Code Tj 7— 13-5( I-T R PM RCYO H Ph ( area code) Work Phone No (with erect QDde) 10) le4 98— 109 QL 1 1 r If licensee is a qualified organization,complete the following section. Member? Date Joined Organization Yes No pfroom? Oft"r Title Yes No Do you have an affidavit on file for any other licenses? Yes Q No If"Yes' list license numbe s: 1, g �'� `� �-ri 1 the above-named affiant, under penalty of perjury,upon oath, depose and say that I will conductor assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title S,Chapter 4,and the rules of the licensing authority. I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony. I have not and shall not receive any rewuud,compensation or recompense for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge. �.a/� 1ti-x�f -- signature of A1Fant tam yz-/j Please mall to: Arizona Department of Revenue 1600 W Monroe Street,Division Code 22 Phoenix,AZ 85007 'Q(602) 716-7801 ADOR 1OUT(ZW) ' Affidavit Bingo a T'ris affidavit must be completed by each persor who wishes eo assist in the conduct of any game of bingo. if any information is blank or incorrect, the affidavit will be retLrned to you All Information Is subject to verification Disclosure of your Social SmrKy Number(SSN)Is voluntary. This Information may be used to establLsh poslUve Identification for purposes of criminal background checks pursuant to kPS.§5-404. Licensee's Name License Number Position(check the appropriate 7prooeed Man r Su ryisor Coordmator Q Assistant REVENUE USE ONLY.DO NOT MARK IN THIS AREA. 9 Afiant a meDole of o Datf Birth 10 City/I v^ State ZIP // n PM g RCVD H Pt, ) ly Work Phone No (with area code) If licensee is a qualified organization, complete the following section MemboO Date Joined Organization Yes Ll No Officers? Officer Title Yes Q No Do you have an affidavit on fie for any other Ilcensee? ❑Yes 0 No tf'Yes' list license nurnber(s). 1, the above-named affiant,under penalty of perjury, upon oath, depose and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5 Chapter 4,and the rules of the licensing authority. I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony. 1 have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law 1 hereby swear or confum that I have read and understand the foregoing and verify that the informati id state nLs made herein are true correct to the best of my knowledge. r Signature of Af mntJ _ l 9 As— Please Please mail to: Arizona Department of Revenue 1600 W Monroe Street,Division Code 22 Phoenix,AZ 86007 ' Affidavit Bingo ThVs affldavft must be completed by each person who wishes to assist in the conduct of any game of bingo. [f any intomlatlon is blank or incorrect, the affldavit will be reWmed to you All nfatmation is sub)ect to�erlfkatfon Disclosure of your Social Security Number(SSN)is votuntary. This tnfarmatlon may be used to establish poslOve identlkation for purposes of criminal background checks pursuant to A.R.S.§ 5-404. Licensee's Name Lxwse Number Position(check the appropriale boxes) manager Supervisor Proceed Coordinator Ass stant JVENUE USE ONLY,00 NOT MARK IN THtS AREA- 88 Affiani t's Name E IDele of firth /.2, a Y dross ;,yQD (qitS£t« ill . /a city state ZIIPP Code 4 c y 37.,N> 1I ttf A 8 S/f ! ®j PM Q RCVD Home Phone No.(with area code) Work Phone No (with am code) 66 S� - r-1 If licensee is a qualified organization, complete the following section: Member? Date Joined Organization Yes nNo officers? Officer Tift Yes ❑No Do you have an affldavit on Me for any other licensee? ❑Yes ❑ No If'Yes',list license number(s) W '�lAsrr the above-named affiant, under penalty of perjury,upon oath. depose and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license.Anzoaa Revised Statutes,Title S,Chapter 4,and the rules of the licensing authority 1 am of good moral character and have never been convicted of any misdemeanor involving moral twpitude or felony I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law I hereby swear or confirm that I have read and understand the foregoing and verify that cite information and statements made herein are true and correct to the best of my knowledge. Signature of All9ant Odle Tr Please mail to: Arizona Department of Revenue 1600 W Monroe Street, Division Code 22 Phoenix,AZ 85007 It(602)716-7801 alma laill ' ' Affidavit Bingo This affidavk must be completed by each person who wishes to assist In the conduct of any game of bingo. If any Information is blank or incorrect,the affidavtt win be returned to you. All information is subject to wdfkation. Dlsdosure of your Social Seeurtty Number(SSN)Is voluntary. This Information may be used to estabtlsh positive identification for purposes of criminal background Checks pursuant to A.R.S.§5-". Licensee's Name License Number Position(check the appropAM boxes): - --- -- - - M Proceed Coordinator Assistant BE.VENUE USE ONLY.DO NOT MARK PI Tt W AREA. Ys Name 1 e? Orate of Birth Address �A s�1 > n L l-ot 1;18 cityState ZI?Code e_ urn o � 11�1 8, PM Rcw Home Phone No.(with area coda) work Phone No.(ce+stw code) If licensee is a qualified organization,complete the following section: Member? Date Joined Organization Yes Q No Officers? Oliioer TWO Yes No Do you have an aMdavk on Rile for any other licensee? ❑Yes Q No If'Yes' [let license numbs a : I, W above-named affiant,under penalty of perjury, upon oath,depose and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority. l am of good morn[character and have never been convicted of any misdemeanor involving moral turpitude or felony. I have not and sball not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge. Sidnature of Afflant kZ1 9/ZS_ Date Please mail to: Arizona Department of Revenue 1600 W Monroe Street Division Code 22 Phoenix,AZ 88007 a(602)7115-7801 Amy Greening From: Adrian Alegria Sent: Thursday, August 21, 2025 3:00 PM To: Amy Greening Cc: Yvette McKinney; Laura Decker-Gallego; Dana Martin; Brian Selman;Joseph Penze; Richard Mooney;Tina Gerola; Rudy Esquivias; Blake Reed Subject: RE: Rancho Mirage - Bingo License Application Follow Up Flag: Follow up Flag Status: Flagged Amy, I've just completed the building safety inspection, and I'm pleased to report that the building facility is in compliance. As the Building Safety Manager/ Building Official overseeing the Building Safety and Inspections Division, recommend approval for the bingo license. The community and common areas are in good standing and properly maintained. Please let me know if you need any additional information. Thank you, Adrian Alegria Building and Safety Manager/ Building Official Development Services / Building Safety and Inspections Division City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5494 aalegriaCa)apacheiunctionaz.goy Building Safety and Inspections Division office hours: Monday through Thursday from 7:00am —6:OOpm, Closed on Fridays "Our job is to solve complicated problems, not complicate solved problems" Bob Fowler, FAIA, P.E., C.B.O.; Founding Chariman of the ICC. i HOW DID WE DO? SHARE YOUR CUSTOMER SERVICE EXPERIENCE WITH US! �i .W. = .1. % 31 . Zi 0RQ� �. y. .!:r ti. 0 vtte-tt Scan the QR Code to provide customer service feedback! From:Amy Greening<agreening@apachejunctionaz.gov> Sent:Wednesday,August 20, 2025 11:05 AM To:Tina Gerola<tina.gerola@sfmd.az.gov>; Richard Mooney<richa rd.moo ney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>;Joseph Penze <jpenze@apachejunctionaz.gov>; Brian Selman<bselman@apachejunctionaz.gov>; Blake Reed <breed@a pachejunctionaz.gov> Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>; Laura Decker-Gallego<Igallego@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject: Rancho Mirage- Bingo License Application Good morning, We have received a Bingo License application from Desire Maxwell with Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Ave,Apache Junction,AZ, 85119. The application is attached for your review. Please conduct the necessary inspections and email your recommendation back to me by Wednesday,August 27, 2025, as this item will be submitted for the City Council meeting on September 16, 2025. The City Council will hold a public hearing and recommend approval or denial of this application based upon public comment and the response from your department. Thank you! 2 Ante ".�ireeklzptg Deputy City Clerk agreening@apacheiunctionaz.gov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 3 Amy Greening From: Rudy Esquivias Sent: Thursday, August 21, 2025 3:18 PM To: Amy Greening;Tina Gerola; Richard Mooney;Adrian Alegria;Joseph Penze; Brian Selman; Blake Reed Cc: Yvette McKinney; Laura Decker-Gallego; Dana Martin Subject: RE: Rancho Mirage - Bingo License Application Attachments: Application.pdf Follow Up Flag: Follow up Flag Status: Flagged Amy: Development Services has no zoning-related objections to this bingo license request. Bingo activity should be limited to Rancho Mirage residents and their invited guests, in keeping with the retirement residential setting of the MH park community.Thanks. Audw 'ibqulvica Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apachejunctionaz . gov (Development Services Department office hours: Monday through Thursday from 7 :00am to 6:00pm, closed Fridays and Holidays. ) -L . . _ .ram; •1 YJ 0 7 1 T% a •t. Scan the QR Code to provide customer service feedback! From:Amy Greening<agreening@apachejunctionaz.gov> Sent:Wednesday, August 20, 2025 11:05 AM To:Tina Gerola<tina.gerola@sfmd.az.gov>; Richard Mooney<richa rd.moo ney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>;Joseph Penze <jpenze@apachejunctionaz.gov>; Brian Selman<bselman@apachejunctionaz.gov>; Blake Reed <breed@a pachejunctionaz.gov> Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>; Laura Decker-Gallego<Igallego@apachejunctionaz.gov>; Dana 1 Martin <dmartin@apachejunctionaz.gov> Subject: Rancho Mirage- Bingo License Application Good morning, We have received a Bingo License application from Desire Maxwell with Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Ave,Apache Junction,AZ, 85119. The application is attached for your review. Please conduct the necessary inspections and email your recommendation back to me by Wednesday,August 27, 2025, as this item will be submitted for the City Council meeting on September 16, 2025. The City Council will hold a public hearing and recommend approval or denial of this application based upon public comment and the response from your department. Thank you! �r�Gl�i y1�221�1-Gv�.G,� Deputy City Clerk agreening@apachejunctionaz.gov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: 0 M L City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Amy Greening From: Brian Selman Sent: Tuesday, August 26, 2025 2:45 PM To: Amy Greening Subject: RE: Rancho Mirage - Bingo License Application Follow Up Flag: Follow up Flag Status: Flagged Hi,Amy. We are all good on the PD side regarding this Bingo license application. Thank you! Sergeant Brian Selman Apache Junction Police Department 1001 N.Idaho Rd Apache Junction,AZ, 85119 480.474.2628 bselman@apachejunctionaz.gov • • CONFIDENTIALITY NOTICE: This e-mail message,including any attachments,is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review,use, disclosure or distribution is prohibited. If you are not the intended recipient,please contact the sender by reply e- mail and destroy all copies of the original message.Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law,members of the City Council should not forward email correspondence to other members of the Council.Members of the Council and other public bodies may reply to this message,but should not copy other members of the public body. Please consider the environment before printing this email. From:Amy Greening<agreening@apachejunctionaz.gov> Sent:Wednesday,August 20, 2025 11:05 AM To:Tina Gerola<tina.gerola@sfmd.az.gov>; Richard Mooney<richa rd.moo ney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>;Joseph Penze <jpenze@apachejunctionaz.gov>; Brian Selman<bselman@apachejunctionaz.gov>; Blake Reed <breed@a pachejunctionaz.gov> Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>; Laura Decker-Gallego<Igallego@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject: Rancho Mirage- Bingo License Application 1 Good morning, We have received a Bingo License application from Desire Maxwell with Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Ave,Apache Junction,AZ, 85119. The application is attached for your review. Please conduct the necessary inspections and email your recommendation back to me by Wednesday,August 27, 2025, as this item will be submitted for the City Council meeting on September 16, 2025. The City Council will hold a public hearing and recommend approval or denial of this application based upon public comment and the response from your department. Thank you! 14kx Ji c: ree liktq Deputy City Clerk agreening@apacheiunctionaz.gov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: M El 0 City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Amy Greening From: Tina Gerola <Tina.Gerola@sfmd.az.gov> Sent: Wednesday, August 20, 2025 4:43 PM To: Amy Greening; Richard Mooney; Rudy Esquivias; Adrian Alegria;Joseph Penze; Brian Selman; Blake Reed Cc: Yvette McKinney; Laura Decker-Gallego; Dana Martin Subject: RE: [External] Rancho Mirage - Bingo License Application Follow Up Flag: Follow up Flag Status: Flagged Good afternoon.The SFMD recommends approval of this Bingo License application. Thank you. Tina Gerola I Deputy Fire Marshal Superstition Fire & Medical District Office 1 (480) 982-4440 ext. 104 Mobile 1 (480) 416-9775 Website I sfmd.az.gov From:Amy Greening<agreening@apachejunctionaz.gov> Sent:Wednesday, August 20, 2025 11:05 AM To:Tina Gerola<Tina.Gerola@sfmd.az.gov>; Richard Mooney<Richard.Mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov>;Joseph Penze <jpenze@apachejunctionaz.gov>; Brian Selman<bselman@apachejunctionaz.gov>; Blake Reed <breed@a pachejunctionaz.gov> Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>; Laura Decker-Gallego<Igallego@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject: Rancho Mirage- Bingo License Application Good morning, We have received a Bingo License application from Desire Maxwell with Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Ave,Apache Junction,AZ, 85119. The application is attached for your review. Please conduct the necessary inspections and email your recommendation back to me by Wednesday,August 27, 2025, as this item will be submitted for the City Council meeting on September 16, 2025. The City Council will hold a public hearing and recommend approval or denial of this application based upon public comment and the response from your department. Thank you! c✓ i Deputy City Clerk agreening@apacheiunctionaz.gov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 i\ E City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard I� f� »:z Agenda Item Cover Sheet Apache Junction,Az 85119 • Agenda Item No. 12. 'Rfr File ID: 25-438 Sponsor: Spencer Sarager Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Presentation and discussion on entering into an agreement with Advanced Chemical Transport, Inc. for four(4) household hazardous waste events for fiscal years 2025/2026 and 2026/2027 in an amount not to exceed $200,000.00. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 QQp.CHFv Gy Public Works Department Home of the Superstition Mountains .M gH1ZONP Date: September 15, 2025 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Spencer Sarager, Administrative Services Manager Subject: Household Hazardous Waste Events Starting in November of 2018, the City has held two household hazardous waste events (HHW) every year. The events have been open for City and Pinal County residents just east of our City boundaries, including Gold Canyon. The City entered into an Intergovernmental Agreement with Pinal County to reimburse the city for costs attributable to County resident participation in a maximum amount of$20,000 ($10,000 per event). The City is looking towards Advanced Chemical Transport, LLC to assist in the Household Hazardous Waste events. This vendor will remove items such as paint, gasoline, fire extinguishers, antifreeze, lightbulbs, etc. Our next event is set for Saturday, November 15, 2025 from 8:00 a.m. to 12p.m. Residents can drop off white goods, document shredding, tires, electronic recycling and hazardous material during the HHW events. Our last two events that we hosted had 710 City and County participants. Staff recommends entering into an agreement with Advanced Chemical Transport Inc, for two years which includes two (2) events per fiscal year for 2025/2026 and 2026/2027 in the amount not to exceed $200,000. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 PROFESSIONAL SERVICES BETWEEN CITY OF APACHE JUNCTION AND ADVANCED CHEMICAL TRANSPORT, LLC dba ACTENVIRO FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL THIS AGREEMENT is made as of the day of 20 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and ADVANCED CHEMICAL TRANSPORT, LLC dba ACTenviro, a California limited liability company ("Contractor"), both of which may be hereinafter referred to collectively as the "Parties" or individually as a "Party," for household hazardous waste disposal at the November 2025, March 2026, November 2026 and March 2027 Household Hazardous Waste Events. RECITALS A. City desires to retain a contractor to assist in two annual collection events for household hazardous waste available through the City of Tempe Cooperative Contract No. T-24-058-02 (on file with the City's public works department) and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended to it. B. The open market procedures have been satisfied to the extent they apply. C. The Parties have setforth below contemplated services Contractor will provide to City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONTRACTOR'S DUTIES: Contractor agrees to provide the services detailed in Exhibit A (the "Services"). 2. COMPENSATION: In accordance with Exhibit B and the terms and conditions of this Agreement, City shall compensate Contractor for the Services in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) (the "Contract Amount"). The Contract Amount may be revised based on a property executed change order. 3. CHANGE ORDERS: City may, without invalidating this Agreement, order changes in the Services within the general scope of this Agreement including additions, deletions, or other revisions, the Term, and the Contract Amount. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this Agreement. A change order is a written order to Contractor,approved by a City representative, issued after execution of this Agreement authorizing a change in the Services or an adjustment to the Contract Amount or the Term. A change order signed by Contractor indicates its agreement with the change order and shall be binding upon City and Contractor. The total Change Order sum shall not exceed 10% of the Contract Amount. 4. CONTRACTOR BILLING: Contractor shall invoice City on a time and expense basis in a total amount not to exceed the Contract Amount. City agrees to process for payment invoices received from Contractor within thirty (30) calendar days following receipt of such invoices, provided Contractor fulfills all duties and obligations set forth in this Agreement. Review of invoices by City may include an inspection of the Services. 5. TERM/RENEWAL: The term of this Agreement shall commence on November 1,2025 and end on April 30, 2027. This Agreement may be extended upon mutual written consent of the Parties provided that any amendment shall be executed by an authorized signatory of the Parties and provide in writing the amended term of the Agreement and, if applicable, a specified dollar amount of additional payment to be owed by City to Contractor. 6. CITY'S STANDARD OF PERFORMANCE: City shall furnish Contractor with all data, information and other supporting services necessary for Contractor to perform the Services. 7. CONTRACTOR'S STANDARD OF PERFORMANCE: While performing the Services,Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall be responsible for all errors and omissions Contractor or its subcontractors commit in the performance of this Agreement. 8. NOTICES: All notices to a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Ted Wolff Director of Public Works 300 East Superstition Boulevard Apache Junction, AZ 85119 2 If to Contractor: Frank Sanchez General Manager Advanced Chemical Transport, LLC (d/b/a "ACTenviro") 6212 South 75th Avenue, Suite 4 Laveen,Arizona 85339 9. INSURANCE: Contractor, at its own expense, shall purchase and maintain the minimum insurance required by this Agreement with companies duly licensed, possessing a current A.M. Best, Inc. Rating of 6++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required by this Agreement shall be maintained in full force and effect until the Services are satisfactorily completed and formally accepted by City; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. The insurance policies required by this Agreement, except Workers' Compensation, shall name City, its agents, officers, officials and employees as Additional Insureds. Contractor shall expressly bind any subcontractors, or any other lower tier subcontractors, used in the performance of any aspect of the Services, to the insurance requirements in this Agreement, making such obligations applicable to the other contractor to the same extent as it is applicable to Contractor. The purpose of this provision is to require any lower tier contractor, regardless of level, to provide insurance and indemnity required by this Agreement. 3 REQUIRED COVERAGE A. Commercial General Liability Contractor shall maintain throughout the Term Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If Contractor sublets any part of the Services, Contractor shall purchase and maintain, at all times during prosecution of the Services, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Services. Coverage shall be on an occurrence basis with a limit not less than $1 ,000,000 per occurrence,and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. B. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of the Services. Coverage will be at least as broad as coverage code 1, "any auto," (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. 4 C. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of the Services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 et seq., which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordancewith the provisions of this chapter,and I will comply with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom Workers' Compensation insurance is required by federal or state statutes, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. D. Certificates of Insurance Prior to commencing the Services, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages,conditions and limits required by this Agreement are in full force and effect. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office,shall comply with the terms of this Agreement. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this Agreement shall be delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction 5 and its officers and employees are added as additional insureds under this policy." In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's work or services and as evidenced by annual Certificates of Insurance. Contractor shall require its insurers to provide City thirty (30) calendar days' prior written notice of any nonrenewal, cancellation, or material change in the coverage under such policy reducing coverage to below contractually-required amounts. If a policy does expire during the Term, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. 10. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of 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. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 11. FORCE MAJEURE: Neither City nor Contractor, as the case maybe, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics and related executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes,acts of a public enemy,war,terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone 6 will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay,the time ortimesfor performance ofthe obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section 11 shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 12. TERMINATION: This Agreement maybe terminated by either Party for any reason upon thirty (30) days written notice. If this Agreement is terminated, City shall be reimbursed from Contractor the amount paid for any undelivered and/or unaccepted products or services. City shall pay Contractor for completed and acceptable work performed pursuant to this Agreement prior to the date of termination. 13. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, special districts, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Services or any subcontract. Contractor's duty to defend, hold harmless, and indemnify City, its elected and appointed officers, officials, special districts, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment,or destruction of property including loss of use resulting therefrom, caused by Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement, including any employee of Contractor, any tier of Contractor's subcontractor,or any other person for whose acts, errors, mistakes,omissions,work or services Contractor may be legally liable, but only to the extent caused by the negligence, recklessness, or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors, or any other person for whose acts,errors, mistakes,omissions,work or services Contractor may be legally liable in the performance of the Services or subcontract. The amount and type of insurance coverage requirements set forth in this Agreement will in no way be construed as limiting the scope of the indemnity in this Section 13. The rights and obligations under this Section 13 shall survive termination of this Agreement. 7 14. TAXES: Contractor shall pay as they become due all license, sales, consumer, transaction privilege, use, and other similar taxes for services provided by Contractor which are legally enacted at the time the obligations under this Agreement are performed. 15. PERMITS AND FEES: Unless otherwise provided in this Agreement, Contractor shall secure and pay for all applicable permits, government fees, licenses,and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. Contractor 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 Services. Contractor represents and warrants that any license necessary to perform the Services s current and valid. Contractor understands that the activity described in this Agreement constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuantto Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term. Contractor 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. 16. RECORDS: Records of Contractor's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after expiration of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 17. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the Services by only Contractor. 18. INDEPENDENT CONTRACTOR: City and Contractor agree and understand thatthe relationship between both Parties is that of an independent contractor. As such, Contractor is not entitled to receive any benefits to which City employees are entitled by virtue of their employment with City. City shall not be responsible for payment to employees of Contractor for salaries, related taxes (including, but not limited to, federal Social Security tax as well as federal and state unemployment taxes) and all other expenses related to their employment or contractual relationship with Contractor. 19. WAIVER OF TERMS AND CONDITIONS: The failure of City or Contractor to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 8 20. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor 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, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A),and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies 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. Contractor is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors 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). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended,the Parties may modify this paragraph consistent with state law. 21. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties. Written and signed amendments shall automatically become part of this Agreement and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 22. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional 9 provision, law, regulation,or city code),such provision shall be deemed severed from this Agreement and this Agreementshall 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. 23. SUCCESSORS ASSIGNMENT AND DELEGATION: City and Contractor each bind themselves,their partners,successors, assigns and legal representatives to the other Party and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in this Agreement. Neither Party shall assign the Agreement or sublet it as a whole or delegate the duties under this Agreement,without the written consent of the other Party, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 24. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Contractor of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Contractor shall make all necessary revisions or corrections resulting from errors and omissions on the part of Contractor without additional compensation. 25. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 26. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§35- 393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of this Agreement. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with A.R.S. § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China,2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of 10 ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the Term that Contractor is not in compliance with this Section 27, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate in accordance with the Term. 28. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. [Signatures on following page] 11 IN WITNESS WHEREOF, Contractor and City have executed this Agreement as of the date first set forth above. CONTRACTOR: ADVANCED CHEMICAL TRANSPORT, LLC, a Califo is limited liability company By NE Z Its: DOEXrrTIaNs m.4tj, &6A- 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: 4/�25- R. Joel Stern City Attorney 12 STATE OF kfl-toa4 ) ) ss. COUNTY OF MW:r,t# ) The foregoing was subscribed and sworn to before me this 29 day of 111,m�4Yt , 2025, by Frra& S a-,(jftt% as _tiManaad of advanced chemical transport, LLC, a California limited liability company. o� ,�,'Kot26 Public My Commission Expires: Io11DLei 101 Joe Anthony Gardner Notary PuUlc Maricopa County,Arizona My Comm.Expires 10-06-25 Gommfsslon No.617930 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: EXHIBIT A SCOPE OF WORK The Contractor agrees that at all times it shall perform all duties as may be required pursuant to the terms of this Agreement, both express and as may be implied for the meaningful execution of such express terms with the reasonable skill, care and diligence required by customarily accepted professional practices and procedures, including: Provide Labor and equipment to perform a one day household hazardous waste collection and disposal event. Contractor will prepare all disposal documents as well as DOT required shipping papers for transport to disposal and recycling facilities for all hazardous materials collected. Work performed in accordance with the current agreement with City in accordance with the terms and conditions of the Maricopa County Environmental Service Contract. Estimate based on volumes collected at November 2024 collection for the planned November 2025 and November 2026 collection and March 2025 collection for the planned March 2026 and March 2027 collection. November 2025 event WASTE DESCRIPTION ProdUd Code OTY HHW Aerosols: No foams, inhalers, textured paint, galvanizers USE-1341 1 HHW Aerosols: No foams, inhalers, textured point, galvanizers USE-B41 0 Aerosols, pepper s ra, butane, refrigerants ALP01 1 Aerosols, pepper s ra, butane, refrigerants ALP01 0 Aerosol,s, Spray foams, rubber coatings ALP02 0 Aerosol,s, Spray foams, rubber coatings ALP02 1 HHW Loose pack Flammables <1 gallon); Ex: paint, gasoline, AM 1 3 HHW Loose pack Flammables; Ex: gasoline, thinners, solvents AH01 2 LIQUID FUELS- NO SETTLED SOLIDS>5,000 BTU, <50% W A-FB02 1 HHW Flammable Toxic Liquid; Example; Petroleum distillates AH05* 0 HHW Flammable Toxic Liquid; Example; Petroleum distillates AH05* 3 HHW Toxic Solid; exempt commodity pack. Example; pesticide AH06* 1 HHW Toxic Solid; exempt commodity pack. Example; pesticide AH06* 0 HHW Corrosive Acids; exempt commodit ack. Example: aci AH07 0 HHW Corrosive Acids; exempt commodity pack. Example: aci AH07 1 HHW Oxidizer Liquids; exempt commodity ack; Example; poo AH08 0 HHW Oxidizer Liquids; exempt commodity pack; Example; poo AH08 0 HHW Oxidizer Liquids; exempt commodity pack; Example; poo AH08 0 HHW Oxidizer Solids; exempt commodity pack; Solids. Examp AH09 2 HHW Oxidizer Solids; exempt commodity pack; Solids. Examp AH09 1 HHW Oxidizer Solids; exempt commodity pack; Solids. Examp AH09 0 HHW Other; Example; soap, shampoo, tar, adhesives AH10 0 HHW Other; Example; soap, sham oo, tar, adhesives AH10 2 HHW Loose pack Flammables <1 gallon); Ex: paint, gasoline, AH11 0 HHW Loose pack Flammables <1 gallon); Ex: paint, gasoline, AW1 0 HHW Corrosive Basics; exempt commodity pack. Example: ba AH12 2 HHW Corrosive Basics; exempt commodity pack. Example; ba AH12 1 Latex Paint Loose asks = 5 al. No bulk paint drums ACRYLATEX 01 11 LIQUID FUELS - NO SETTLED SOLIDS >5,000 BTU, <50% W A-FB02 0 Oily Water G MESA OIL - OW 0 Used Oil ESA OIL-USED Oi 0 Coolant Recycling MESA OIL - COOL 2 Used Oil Filter (Recycling) ESA OIL-OIL FILTE 0 Dry Batt Zinc-Carbon/Alkaline CBS 37 175 Dry Batt, NiCad Dry CBS 09 50 Dry Batt, NiMH Packs CBS 05 50 Dry Batt, Li-ion Cells CBS 12 109 Dry Batt, Lithium Primary CBS 14 20 Wet Batt Automotive CBS 53 600 Lamps, Straight Fluorescent 5ft & over LR L01-2 158 Lamps, Com act Fluorescent LR L02 45 Lamps, HID (Mercury/Sodium/Metal Halide/Arc LR L04 0 E-Waste LED Lams LR E04 0 Recycle - Mercury Containing Articles/Devices VESP-HMA 1 Ballasts, Non-PCB LR L18 25 Propane Bottle, Camp Size STOODY-1 10 Mapp Gas STOODY-1 0 Fire Extinguishers STOODY-2 10 Oxygen cylinders STOODY-1 0 Helium STOODY-1 3 Propane Cylinder, BBQ Size STOODY-1 4 Non Refillable Cylinder for Recycle DOT-39 STOODY-1 0 Lab-Pack Non-Reactive ALP01 0 Lab-Pack Non-Reactive ALP01 0 Lab-Pack Non-Reactive ALP01 0 Lab-Pack Reactive Incineration ALP02 2 0 0 $50.00 min for all items priced per pound 0 SUPPLIFS DESCRIPTICNCODE QTY 4 ft. Fluorescent Light Box RUM-FLUOR BOX 2 8 ft. Fluorescent Light Box RUM-FLUOR BOX 1 Personal Protective Equipment-Level D MATERIALS-PPD 15 Cubic Yard Box w/Pallet DRUM-CUYD 14 55 Gallon Recon Metal Drum UN1A2 -Open Top DRUM-M55R 6 55 Gallon Recon Poly Drum UN1H2-Open Top with Lever Lo DRUM-P55R 8 55 Gallon Recon Metal Drum UN1A1 -Closed Top DRUM-M55CTR 1 275 Gallon Totes DRUM-TOTE 2 15 Gallon Poly Drum UN H2/15-Open Top DRUM-P15 1 30 Gallon Poly Drum UN H2/30-Open Top DRUM-P30 7 5 Gallon Poly Drum -Open Top DRUM-P5 15 85 Gallon Overpack Metal Drum DRUM-M85 0 SelectSorb 25 lbs. (Clay Absorbent MATERIALS10 0 Bag of Vermiculite MATERIALS2 5 Vis ueen Roll MATERIALS17 2 Personal Protective Equipment - Level C MATERIALS-PPC 1 Pallet MATERIALS33 6 TRANSPORTATION CO• OTY Tractor and 53 Foot Van TRANS-GT 50 1 26 Foot Box Truck TRANS-GT 50 2 0 Bin Delivery T-BIN 2 Haul Charge-Disposal T-BIN 1 Haul Charge-Recycling (Cardboard T-BIN 1 LABOR ITEMS CODEOTY Labor-Chemist LABOR-CHEM 20 Labor-Technician LABOR-T1 110 Labor-Project Manager LABOR-PM 10 Labor-Class A Driver LABOR-CLASS A 32 DESCRIPTION C•D QTY 1 Fuel and Insurance Surcharge 1 Profile Fee 0 March 2026 event WASTE DESCRIPTION Product OTY HHW Aerosols: No foams, inhalers, textured paint, galvanizers USE-B41 1 HHW Aerosols: No foams, inhalers, textured paint, galvanizers USE-11341 0 Aerosols, pepper s ra, butane, refrigerants ALP01 1 Aerosols, pepper s ra, butane, refrigerants ALP01 0 Aerosols, Spray foams, rubber coatings ALP02 0 Aerosol,s, Spray foams, rubber coatings ALP02 1 HHW Loose pack Flammables <1 gallon); Ex: paint, gasoline, AH11 3 HHW Loose pack Flammables; Ex: gasoline, thinners, solvents AH01 2 LIQUID FUELS- NO SETTLED SOLIDS >5,000 BTU, <50% W A-F1302 1 HHW Flammable Toxic Liquid, Example, Petroleum distillates AH05` 0 HHW Flammable Toxic Liquid; Example; Petroleum distillates AH05' 3 HHW Toxic Solid; exempt commodity pack. Example; pesticide AH06" 1 HHW Toxic Solid; exempt commodity pack. Example; pesticide AH06' 0 HHW Corrosive Acids; exempt commodity pack. Example: aci AH07 0 HHW Corrosive Acids; exempt commodity pack. Example: aci AH07 1 HHW Oxidizer Liquids; exempt commodity pack; Example; poo AH08 0 HHW Oxidizer Liquids; exempt commodity pack; Example; poo AH08 0 HHW Oxidizer Liquids; exempt commodity pack; Example; poo AH08 0 HHW Oxidizer Solids; exempt commodity pack; Solids. Examp AH09 2 HHW Oxidizer Solids; exempt commodity pack, Solids. Examp AH09 1 HHW Oxidizer Solids; exempt commodity pack; Solids. Examp AH09 0 HHW Other; Example: soap, shampoo, tar, adhesives AH10 0 HHW Other; Exam le; soap, shampoo, tar, adhesives AH10 2 HHW Loose pack Flammables <1 allon ; Ex: paint, gasoline, AM 1 0 HHW Loose pack Flammables <1 allon ; Ex: paint, gasoline, AM 1 0 HHW Corrosive Basics; exempt commodity pack. Example; ba AH12 2 HHW Corrosive Basics; exempt commodity pack. Example; ba AH12 1 Latex Paint Loose packs = 5 al. No bulk paint drums ACRYLATEX 01 11 LIQUID FUELS- NO SETTLED SOLIDS >5,000 BTU, <50% W A-FB02 0 Oily Water G MESA OIL - OW 0 Used Oil ESA OIL-USED OI 0 Coolant Recycling MESA OIL - COOL 2 Used Oil Filter (Recycling) ESA OIL-OIL FILTE 0 Dry Batt Zinc-Carbon/Alkaline CBS 37 175 Dry Batt, NiCad Dry CBS 09 50 Dry Batt, NiMH Packs CBS 05 50 Dry Batt, Li-ion Cells CBS 12 109 Dry Batt, Lithium Primary CBS 14 20 Wet Batt Automotive CBS 53 600 Lamps, Straight Fluorescent 5ft & over LR L01-2 158 Lamps, Compact Fluorescent LR L02 45 Lamps, HID (Mercury/Sodium/Metal Halide/Arc LR L04 0 E-Waste LED Lams LR E04 0 Recycle- Mercury Containing Articles/Devices VESP-HMA 1 Ballasts, Non-PCB LR L18 25 Propane Bottle, Camp Size STOODY-1 10 Mapp Gas STOODY-1 0 Fire Extinguishers STOODY-2 10 Oxygen cylinders STOODY-1 0 Helium STOODY-1 3 Propane Cylinder, BBQ Size STOODY-1 4 Non Refillable Cylinder for Recycle DOT-39 STOODY-1 0 Lab-Pack Non-Reactive ALP01 0 Lab-Pack Non-Reactive ALP01 0 Lab-Pack Non-Reactive ALP01 0 Lab-Pack Reactive Incineration ALP02 2 0 0 $50.00 min for all items priced per pound 0 SUPPLIES •N CODE OTY 4 ft. Fluorescent Light Box RUM-FLUOR BOX 2 8 ft. Fluorescent Light Box RUM-FLUOR BOX 1 Personal Protective Equipment-Level D MATERIALS-PPD 15 Cubic Yard Box w/Pallet DRUM-CUYD 14 55 Gallon Recon Metal Drum UN1A2 -Open Top DRUM-M55R 6 55 Gallon Recon Poly Drum UN H2 -Open Top with Lever Lo DRUM-P55R 8 55 Gallon Recon Metal Drum UN1A1 -Closed Top DRUM-M55CTR 1 275 Gallon Totes DRUM-TOTE 2 15 Gallon Poly Drum UN1 H2/15-Open Top DRUM-P15 1 30 Gallon Poly Drum UN1 H2/30- Open Top DRUM-P30 7 5 Gallon Poly Drum - Open Top DRUM-P5 15 85 Gallon Overpack Metal Drum DRUM-M85 0 SelectSorb 25 lbs. (Clay Absorbent MATERIALS10 0 Bag of Vermiculite MATERIALS2 5 Vis ueen Roll MATERIALS17 2 Personal Protective Equipment - Level C MATERIALS-PPC 1 Pallet MATERIALS33 6 TRANSPORTATION ITEM •D OTY Tractor and 53 Foot Van TRANS-GT 50 1 26 Foot Box Truck TRANS-GT 50 2 0 Bin Delivery T-BIN 2 Haul Charge-Disposal T-BIN 1 Haul Charge-Recycling (Cardboard T-BIN 1 LABOR ITEMS CODEQTY Labor-Chemist LABOR-CHEM 20 Labor-Technician LABOR-Ti 110 Labor- Project Manager LABOR-PM 10 Labor-Class A Driver LABOR-CLASS A 32 EXHIBIT B FEE SCHEDULE November 2025 event DESCRIPTIONWASTE • OTY EXT COST HHW Aerosols: No foams, inhalers, textured paint, $780.00 2 $1,560.00 galvanizers HHW Aerosols: No foams, inhalers, textured paint, $0.00 1 $0.00 galvanizers Aerosols, a er s ra, butane, refrigerants $165.00 0 $0.00 Aerosols, pepper s ra, butane, refrigerants $325.00 1 $325.00 Aerosols, Spray foams, rubber coatings $0.00 1 $0.00 Aerosol,s, Spray foams, rubber coatings $545.00 1 $545.00 HHW Loosepack Flammables (<1 gallon); Ex: paint, $315.00 11 $3,465.00 gasoline, HHW Loosepack Flammables; Ex: gasoline, thinners, $470.00 4 $1,880.00 solvent LIQUID FUELS- NO SETTLED SOLIDS >5,000 BTU, $170.00 3 $510.00 <50% HHW Flammable Toxic Liquid; Example; Petroleum $300.00 0 $0.00 distillates HHW Flammable Toxic Liquid; Example; Petroleum $395.00 4 $1,580.00 distillates HHW Toxic Solid; exempt commodity pack. Example; $295.00 2 $590.00 esticid HHW Toxic Solid; exempt commodity pack. Example; $400.00 1 $400.00 esticid HHW Corrosive Acids; exempt commodity pack. Example: $450.00 0 $0.00 aci HHW Corrosive Acids; exempt commodity pack. Example: $330.00 2 $660.00 aci HHW Oxidizer Liquids; exempt commodity pack; Example; $200.00 0 $0.00 0 HHW Oxidizer Liquids; exempt commodity pack; Example; $425.00 0 $0.00 0 HHW Oxidizer Liquids; exempt commodity pack; Example; $565.00 0 $0.00 0 HHW Oxidizer Solids; exempt commodity pack; Solids. $199.00 3 $597.00 Exam HHW Oxidizer Solids; exempt commodity pack; Solids. $419.00 0 $0.00 Exam HHW Oxidizer Solids; exempt commodity pack; Solids. $560.00 0 $0.00 Exam HHW Other; Example; soap, shampoo, tar, adhesives $210.00 0 $0.00 HHW Other; Example; soap, shampoo, tar, adhesives $275.00 5 $1,375.00 HHW Loosepack Flammables <1 gallon); Ex: aint, $210.00 0 $0.00 gasoline, HHW Loosepack Flammables (<1 gallon), Ex paint. $315 00 0 $0.00 gasoline, HHW Corrosive Basics, exempt commodity pack $180 00 1 $180.00 Example, b HHW Corrosive Basics exempt commodity pack $275 00 1 $275.00 Example, b Latex Paint Loose packs = 5 al No bulk paint drums $446 00 23 $10,258.00 LIQUID FUELS - NO SETTLED SOLIDS >5 000 BTU $180.00 0 $0.00 <50% Oily Water G $633.00 2 $1,266.00 Used Oil $85 00 14 $1,190.00 Coolant Recycling $85 00 2 $170.00 Used Oil Filter (Recycling) $185 00 0 $0.00 Dry Batt Zinc-Carbon/Alkaline $1 05 586 $615.30 Dry Batt, NiCad D $1 05 50 $52.50 Dry Batt, NIMH Packs $1 05 50 $52.50 Dry Batt, Li-ion Cells $0 60 100 $60.00 Dry Batt, Lithium Prima $5 50 30 $165.00 Wet Batt Automotive $0 20 2,500 $500.00 Lamps, Straight Fluorescent 5ft & over $1 05 56 $58.80 Lam s, Compact Fluorescent $2 45 44 $107.80 Lamps, HID (Mercury/Sodium/Metal Halide/Arc $2 15 0 $0.00 E-Waste LED Lamps $1 25 0 $0.00 Recycle - Mercury Containing Articles/Devices $645 00 1 $645,00 Ballasts, Non-PCB $0.30 150 $45.00 Propane, Camp Size $25.00 114 $2,850.00 Mapp Gas $25.00 7 $175.00 Fire Extinguishers $75.00 0 $0.00 Oxygen cylinders $25.00 0 $0.00 Helium $25.00 18 $450.00 Non Refillable Cylinder for Recycle DOT-39 $25.00 0 $0.00 Non Refillable Cylinder for Recycle DOT-39 $25.00 0 $0.00 Lab-Pack Non-Reactive $160.00 3 $480.00 Lab-Pack Non-Reactive $240.00 0 $0.00 Lab-Pack Non-Reactive $355.00 0 $0.00 Lab-Pack Reactive Incineration $300.00 1 $300.00 $0.00 0 $0.00 $0.00 0 $0.00 $50.00 min for all items priced per pound $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 Subtotal $33,382.90 SUPPLIES DESCRIPTION UNIT COSTOTY EXT COST 4 ft. Fluorescent Light Box 1 $15.00 1 $15.00 8 ft. Fluorescent Light Box 1 $0.00 0 $0.00 Personal Protective Equipment - Level D $30 00 14 $420.00 Cubic Yard Box w/Pallet $110 00 29 $3,190.00 55 Gallon Recon Metal Drum UN1A2 - Open To $70 00 20 $1,400.00 55 Gallon Recon Poly Drum UN1 H2 - Open Top with $70 00 14 $980.00 Lever Lo 55 Gallon Recon Metal Drum UN1A1 - Closed To $70 00 5 $350.00 275 Gallon Totes $240 00 2 $480.00 15 Gallon Poly Drum UN1H2/15 - Open To $73 00 2 $146.00 30 Gallon Poly Drum U N 1 H2/30 -Open To $70 00 5 $350.00 5 Gallon Poly Drum -Open To $18 00 21 $378.00 85 Gallon Overpack Metal Drum $336 00 0 $0.00 SelectSorb 25 Ibs (Clay Absorbent $15 00 0 $0.00 Bag of Vermiculite $46 00 4 $184,00 Vis ueen Roll $140 00 0 $0.00 Supplies $1,500 00 1 $1,500.00 $0 00 0 $0.00 $0 00 0 $0.00 $0 00 0 $0.00 Subtotal $9 393.00 TRANSPORTATION ITEM U • OTY EXT COST Tractor and 53 Foot Van $195.00 1 $195.00 26 Foot Box Truck $250.00 2 $500.00 $0.00 0 $0.00 Bin Delivery $225.00 2 $450,00 Haul Charge-Disposal $190.00 1 $190.00 Haul Charge-Recycling (Cardboard $430.00 1 $430.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 Subtotal $1 765.00 LABOR ITEMS UNIT COST OTY EXT COST Labor-Chemist $75.00 18 $1,350.00 Labor-Technician $55.00 103 $5,665.00 Labor- Project Manager $95.00 10 $902.50 Labor- Class A Driver $60.00 18 $1,080.00 $0.00 0 $0.00 $0.00 0 $0.00 -- $0.00 0 $0.00 $0.00 0 $0.00 Subtotal $8 997.50 DESCRIPTION 0 $0.00 1 $0.00 Fuel and Insurance Surcharge 8.0% 1 $4,283.07 Profile Fee No Charge 0 $0.00 March 2026 WASTE - - •N UNIT COST OTY EXT COST HHW Aerosols: No foams, inhalers, textured paint, $780.00 1 $780.00 galvanizers HHW Aerosols: No foams, inhalers, textured paint, $350.00 0 $0.00 galvanizers Aerosols, pepper s ra, butane, refrigerants $165.00 1 $165.00 Aerosols, pepper s ra, butane, refrigerants $325.00 0 $0.00 Aerosol,s, Spray foams, rubber coatis s $300.00 0 $0.00 Aerosol,s, Spray foams, rubber coatings $545.00 1 $545.00 HHW Loosepack Flammables (<1 gallon); Ex: paint, $315.00 3 $945.00 gasoline, HHW Loosepack Flammables; Ex: gasoline, thinners, $470.00 2 $940.00 solvents LIQUID FUELS-NO SETTLED SOLIDS >5,000 BTU, $170.00 1 $170.00 <50% W HHW Flammable Toxic Liquid; Example; Petroleum $300.00 0 $0.00 distillates HHW Flammable Toxic Liquid; Example; Petroleum $395.00 3 $1,185.00 distillates HHW Toxic Solid; exempt commodity pack. Example; $295.00 1 $295.00 pesticide HHW Toxic Solid; exempt commodity pack. Example; $400.00 0 $0.00 pesticide HHW Corrosive Acids; exempt commodity pack. $450.00 0 $0.00 Example: aci HHW Corrosive Acids; exempt commodity pack. $330.00 1 $330.00 Example: aci HHW Oxidizer Liquids; exempt commodity pack; $200.00 0 $0.00 Example; Poo HHW Oxidizer Liquids; exempt commodity pack; $425.00 0 $0.00 Example; poo HHW Oxidizer Liquids; exempt commodity pack; $565.00 0 $0.00 Example; Poo HHW Oxidizer Solids; exempt commodity pack; Solids. $199.00 2 $398.00 Exam HHW Oxidizer Solids; exempt commodity pack; Solids. $419.00 1 $419.00 Exam HHW Oxidizer Solids; exempt commodity pack; Solids. $560.00 0 $0.00 Exam HHW Other; Example; soap, shampoo, tar, adhesives $210.00 0 $0.00 HHW Other; Example; soap, shampoo, tar, adhesives $275.00 2 $550.00 HHW Loosepack Flammables (<1 gallon); Ex: paint, $210.00 0 $0.00 gasoline, HHW Loosepack Flammables (<1 gallon); Ex: paint, $315.00 0 $0.00 gasoline, HHW Corrosive Basics; exempt commodity pack. $180.00 2 $360.00 Example; ba HHW Corrosive Basics, exempt commodity pack $275 00 1 $275 00 Example, ba Latex Paint Loose packs = 5 al No bulk paint drums $446 00 11 $4,906 00 LIQUID FUELS - NO SETTLED SOLIDS >5,000 BTU $180 00 0 $0 00 <50% W Oily Water G $633 00 0 $0.00 Used Oil $85 00 0 $0.00 Coolant Recycling $85 00 2 $170.00 Used Oil Filter (Recycling) $185 00 0 $0.00 Dry Batt Zinc-Carbon/Alkaline $1 05 175 $183.75 Dry Batt, NiCad D $1 05 50 $52.50 Dry Batt, NIMH Packs $1 05 50 $52.50 Dry Batt, Li-ion Cells $0 60 109 $65.40 Dry Batt, Lithium Prima $5 50 20 $11&00 Wet Batt Automotive $0.20 600 $120.00 Lamps, Straight Fluorescent 5ft & over $1.05 158 $165.90 Lamps, Compact Fluorescent $2.45 45 $110.25 Lamps, HID (Mercury/Sodium/Metal Halide/Arc $2.15 0 $0.00 E-Waste LED Lams $1.25 0 $0.00 Recycle - Mercury Containing Articles/Devices $645 00 1 $645.00 Ballasts, Non-PCB $0 30 25 $7.50 Propane Bottle, Camp Size $25.00 10 $250.00 Mapp Gas $25 00 0 $0.00 Fire Extinguishers $75 00 10 $750.00 Oxygen cylinders $25 00 0 $0.00 Helium $25 00 3 $75.00 Propane Cylinder, BBQ Size $25.00 4 $100.00 Non Refillable Cylinder for Recycle DOT-39 $25.00 0 $0.00 Lab-Pack Non-Reactive $160.00 0 $0.00 Lab-Pack Non-Reactive $240.00 0 $0.00 Lab-Pack Non-Reactive $355.00 0 $0.00 Lab-Pack Reactive Incineration $300.00 2 $600.00 $0.00 0 $0.00 $0.00 0 $0.00 $50.00 min for all items priced per pound $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 Subtotal $15,720.80 SUPPLIES DESCRIPTIONOTY EXT COST 4 ft. Fluorescent Light Box $15.00 2 $30.00 8 ft. Fluorescent Light Box $30.00 1 $30.00 Personal Protective Equipment- Level D $30.00 15 $450.00 Cubic Yard Box w/Pallet $110.00 14 $1,540.00 55 Gallon Recon Metal Drum UN1A2 -Open To $70.00 6 $420.00 55 Gallon Recon Poly Drum UN1H2 -Open Top with $70.00 8 $560.00 Lever Lo 55 Gallon Recon Metal Drum UWA1 -Closed To $70.00 1 $70.00 275 Gallon Totes $240 00 2 $480.00 15 Gallon Poly Drum UN H2/15- Open To $73.00 1 $73.00 30 Gallon Poly Drum UNIH2/30- Open To $70.00 7 $490.00 5 Gallon Poly Drum - Open To $18.00 15 $270.00 85 Gallon Overpack Metal Drum $336 00 0 $0.00 SelectSorb 25 lbs. (Clay Absorbent $15.00 0 $0.00 Bag of Vermiculite $46.00 5 $230.00 Vis ueen Roll $140.00 2 $280.00 Personal Protective Equipment - Level C $60.00 1 $60.00 Pallet $15.00 6 $90.00 $0.00 0 $0.00 $0.00 0 $0.00 Subtotal $5 073.00 TRANSPORTATION ITEM UNIT COSTOTY EXT COST Tractor and 53 Foot Van $195.00 1 $195.00 26 Foot Box Truck $250.00 2 $500.00 $0.00 0 $0.00 Bin Delivery $225.00 2 $450.00 Haul Charge-Disposal $190.00 1 $190.00 Haul Charge-Recycling (Cardboard $430.00 1 $430.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 Subtotal $1 765.00 LABOR ITEMS UNIT COST OTY EXT COST Labor- Chemist $75.00 20 $1,500.00 Labor- Technician $55.00 110 $6,050.00 Labor- Project Manager $95.00 10 $950.00 Labor- Class A Driver $60.00 32 $1,920.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 Subtotal $10,420.00 DESCRIPTION UNIT C• QTY EXT COST $0.00 1 $0.00 Fuel and Insurance Surcharge 8.0% 1 $2,638.30 Profile Fee No Charge 0 $0.00 1 C:IIYOF PACHE UNCTION HOUSEHOLDHAZARDOUS Background • Since 2018, the City has held 2 Household Hazardous Waste events each year. • Intergovernmental Agreement (IGA) with Pinal County • 2022- IGA approved by City Council and Pinal County Board of Supervisors to allow Pinal County to contribute a maximum amount of $10,000 per event • Last fiscal year, the City had 710 participants and properly disposed of over 30 tons of waste Hazardous hkkelllps'Blvd 5�gg Cleanup • - grown Rd- Lost-Dutl man-Blvd -_ Apache Junction Area I tl� '''Y�l:'• - � M 13randv.aY;�' 3roadway Ave"'la 'T 'C7 c' '- z o ��� �� 1 o I aaseline Rd - - - Raseln•.e nvel - '` � f; Guadalupe Rd-.. Household Hazardous Waste Event 'J; '; - $ 575 E.Baseline Avenue = o Apache)unction,AZ t Elliot Rd- -._RdY.Rd. R.yi Av+ ■SR=24 Household Hazardous Waste Event Saturday, November 15, 2025 Event will be held from 8:00 am to 12:00 pm at the Public Works ,. Ya rd o I .llll/llll/ryll Recommendation • Staff recommends entering into an Agreement with Advanced Chemical Transport, Inc to assist in four (4) household hazardous waste collection events during FY2025/2026 and FY2026/2027 utilizing the City of Tempe Cooperative Contract # T-24-058-02 for a total lump sum not to exceed $200,000 for the events. Questions? i\ E City of Apache Junction, Arizona 300 E Superstition Boulevard I� f� »:Z Agenda Item Cover Sheet Apache Junction,Az 85119 • Agenda Item No. 13. �PIZ File ID: 25-440 Sponsor: Nicholas Leftwich Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Presentation and discussion on Rezoning by Planned Development Case P-24-114-PZ, a request by Hermelinda Pando of Hermelinda Properties LLC to rezone 282 N. Palo Verde Drive, Parcel 101-02-0050, from Medium Density Single-Family Detached Residential ("RS-10M")to High Density Multiple-Family Residential by Planned Development("RM-1/PD") and a Minor General Plan Amendment from Medium Density Residential to High Density Residential. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 O� p,PACHf�Gti n� e_ z City of Apache Junction Development Services Department qR/ZONP CITY COUNCIL WORK SESSION STAFF MEMO Date : September 15, 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-24-114-PZ Subject: Julian' s Apartments - Proposed Rezoning by Planned Development of 282 N. Palo Verde Drive, approximately . 62 net acres currently zoned Medium Density Single- Family Detached Residential (RS-10M) to High Density Multiple-Family Residential by Planned Development (RM-1/PD) Summary P-24-114-PZ is a proposed rezoning requested by Hermelinda Pando of Hermelinda Properties LLC to rezone 282 N. Palo Verde Drive (Parcel 101-02-0050) , approximately . 62 net acres, from Medium Density Single-Family Detached Residential (RS-10M) to High Density Multiple-Family Residential by Planned Development (RM- 1/PD) to resolve the existing legal non-conformity of multi- family duplexes on a single family residential property and allow for the construction of a new fourplex to replace Unit A, the west building on the property. The Planned Development (PD) has been requested to provide zoning deviations to building setbacks to the rear and side minimum building setbacks . A reduction of the rear setback from twenty feet (20' ) to ten feet (10' ) has been requested to provide more space for parking and circulation within the site, while a reduction of the side setback from ten feet (10' ) to five feet (5' ) is requested in order to bring the existing buildings into zoning compliance, as they are only five feet (5' ) away from the north property line. While the duplexes' legal non-conforming status allows the buildings to continue their usage as constructed, it does currently limit repair and remodel work. Planning& Zoning-Building& Safety-Revenue Development 300 E.Superstition Boulevard 9 Apache Junction,AZ 85119 9 Ph: (480)474-5083 •Fax(480)982-7010 To facilitate the rezoning of the property, a Minor General Plan Amendment to the General Plan Future Land Use map of the property is also proposed to change the designation from Medium Density Residential to High Density Residential . Planning & Zoning Commission Hearing and Recommendation The Planning and Zoning Commission held their public hearing for P-24-114-PZ on August 26, 2025 . The Planning and Zoning Commission discussed site improvements, parking, the screen walls, proposed setbacks, and the correction of the property' s legal non- conformities . A question was asked regarding if the new development will be connected to sewer, which it will be using existing infrastructure on Palo Verde Drive . One neighbor spoke during the public hearing to ask for confirmation that there would be a north screen wall, which was confirmed on the plans . The Planning and Zoning Commission evaluated the Minor General Plan Amendment and Rezoning by Planned Development proposal and subsequently voted 6-0 to forward P-24-114-PZ to the Apache Junction City Council with a recommendation of approval . Attached: - Planning and Zoning Commission Staff Report and attachments (August 26, 2025) Planning& Zoning—Building& Safety—Revenue Development 300 E.Superstition Boulevard 9 Apache Junction,AZ 85119 9 Ph: (480)474-5083 •Fax(480)982-7010 O� PPACHf�Gti n� z City of Apache Junction '941/ZONE Development Services Department . P PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: August 26, 2025 CASE NUMBER: P-24-114-PZ OWNER/APPLICANT: Hermelinda Properties LLC / Hermelinda Pando REQUEST: Proposed Rezoning by Planned Development of Parcel 101-02-0050, approximately . 62 net acres currently zoned Medium Density Single-Family Detached Residential (RS-10M) to High Density Multiple-Family Residential by Planned Development (RM-1/PD) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential LOCATION: 282 N. Palo Verde Drive, APN 101-02-0050, located near the northwest corner of Gregory Street and Palo Verde Drive GENERAL PLAN DESIGNATION: Medium Density Residential SURROUNDING USES: North: Desert Chapel United Methodist Church, zoned General Rural Low Density Single-Family Residential East: Medium Density Single-Family Detached Residential (RS-10M) properties South: Medium Density Single-Family Detached Residential (RS-10M) properties West: Medium Density Single-Family Detached Residential (RS-10M) properties, including a legal non-conforming RV Park BACKGROUND The subject property, 282 N. Palo Verde Drive (APN 101-02-0050) , is a . 62 net acre parcel currently zoned Medium Density Single-Family Detached Residential ("RS-10M") developed with 5 leased-residential units (Units A-E) on the property, which are owned and managed by Hermelinda Properties LLC. The current RS-10M zoning of the property only allows for one single-family residence, however in 2021 the property owner at the time applied for legal non-conforming status by providing documentation establishing that the construction and usage of the 1 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report O� p,PACHf�Gti n� z City of Apache Junction AU: Development Services Department '9R/ZONA buildings on the property predated these city zoning standards and is permitted to continue usage as noted. do do D I A$ I 1 202 N PALO�VERDE u�: �107020060I The documentation provided included the Pinal County tax assessment of the property noting that Unit A was constructed in 1934, originally as a single-family home, while the two duplexes (Units B & C and Units D & E) were both constructed in 1950, all predating the city' s zoning standards adopted in 1985 and the city incorporation in 1978 . PROPOSALS P-24-114-PZ is a proposed rezoning requested by Hermelinda Pando of Hermelinda Properties LLC to rezone 282 N. Palo Verde Drive (Parcel 101- 02-0050) , approximately . 62 net acres, from Medium Density Single-Family Detached Residential (RS-10M) to High Density Multiple-Family Residential by Planned Development (RM-1/PD) to resolve the existing legal non-conformity of multi-family duplexes on a single family residential property and allow for the construction of a new fourplex to replace Unit A, the west building on the property. The Planned Development (PD) has been requested to provide zoning deviations to building setbacks to the rear and side minimum building setbacks . A reduction of the rear setback from twenty feet (20' ) to ten feet (10' ) has been requested to provide more space for parking and circulation within the site, while a reduction of the side setback from ten feet (10' ) to five feet (5' ) is requested in order to bring the existing buildings into zoning compliance, as they are only five feet (5' ) away from the north property line. While the duplexes' legal non- conforming status allows the buildings to continue their usage as constructed, it does currently limit repair and remodel work. To facilitate the rezoning of the property, a Minor General Plan Amendment to the General Plan Future Land Use map of the property is 2 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report O� p,PACHf�Gti n� z City of Apache Junction Development Services Department "�`"' '9R/ZONA also proposed to change the designation from Medium Density Residential to High Density Residential. PLANNING STAFF ANALYSIS Zoning/Site Context: The subject property is primarily surrounded by Medium Density Single- Family Detached Residential (RS-10M) properties, however to the west of the property is a non-conforming RV park (Rex' s Mobile Park) , and to the north of the subject site is the Desert Chapel United Methodist Church on an "RS-GR" lot. Further south on Palo Verde Drive is another RV park (Pleasant Acre RV Park) , as well as some "RM-2" High Density Multiple Family Residential zoned four-plex properties, before the "B-2" Old West Commercial along Apache Trail. -If rb3 rs�wlmrmwr" Irs •4, Mti �•• � { '',(�'7{�T-�-[yam,�` .��T.7 I 'IMIMM " R1 _M Mf!I^ 3 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report O� PPACHf�Gti n� z City of Apache Junction &,!4qR/ZON Development Services Department P Staff finds that the proposed rezoning to "RM-1" High Density Multiple Family Residential is not wholly consistent with the land use pattern of the surrounding neighborhood, but do find that it is not completely out of character either, especially within the 75-year context of this property' s continued usage as a multi-family residential property and the adjacent RV parks. Relationship to General Plan: The subject site is currently designated by the Apache Junction General Plan land use map as "Medium Density Residential" which accommodates up to 10 dwelling units an acre. As the proposed density is 12 . 92 dwelling units an acre (8 units on . 617 net acres) this proposed development requires a General Plan Future Land Use Map Minor Amendment. r— E LEGEND QDowntown Planning Area General Plan 2020 Land Use gleffi Floodplain Overlay Downtown Mixed Use Conservation(1 DU/AC) Commercial Low Density Residential(1 DU/1.25 AC) Public/Institutional Medium Density Residential(10 DU/AC Max) Transportation High Density Residential(40 DU/AC Max) 4 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report O� p,PACHf�Gti n� z City of Apache Junction Development Services Department "�`" '9R/ZONP In considering the context of this site staff finds the land use pattern to be primarily Medium Density Residential, however there are several nearby instances of High Density Residential. Public Input: Neighborhood meeting notification letters were sent to property owners within a 300-foot radius, per the requirements of the Apache Junction Zoning Ordinance §1-16-6 (5) Mailing notice for Zoning Map amendments. The applicant held their neighborhood meeting on Monday, February 10, 2025, at the Apache Junction Multi-Generational Center, which was attended by two people other than the applicant' s team and city staff: one neighbor owning property directly west of the subject site and one tenant of the existing duplexes. In the meeting, these guests expressed concerns regarding screening, parking, and building height, but generally expressed support. To address the concerns expressed, the applicant updated their site plans to include an 8' wall along the border of their property, and removed one unit from the proposed new building (From 5 to 4 units) in order to make sure the site met the city' s minimum parking standards and better fit within the density of the neighborhood (downgrading the proposed rezoning development from the "RM-2" 22 dwelling units an acre maximum to the "RM-1" 13 dwelling units and acre maximum) . It was also confirmed that development is only planned for a single-story building. FINDINGS OF FACT FOR PLANNED DEVELOPMENT REZONING As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria and applicant responses are outlined in the text below: 1 . Whether a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Applicant Response: The planned development approach allows for a balanced, functional design that integrates well with the neighborhood while optimizing property use. 2 . Whether strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Applicant Response: The new building will comply with modern building codes, ensuring the health and safety of future residents 5 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report O� p,PACHf�Gti n� z City of Apache Junction Development Services Department : '9R/ZONA and neighboring community members. 3. Whether strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: By introducing quality housing options and enhancing the area' s visual appeal, this development is expected to support or increase nearby property values. FINDINGS OF FACT FOR MINOR GENERAL PLAN AMENDMENT As required by the Apache Junction General Plan, a Minor General Plan request may be approved by the City Council after consideration has been given to specific criteria. The criteria is outlined in the text below: 1 . Whether the amendment proposes a land use designation that the Land Use Plan Map does not adequately provide optional sites to accommodate. Applicant Response: Yes, the amendment will allow for higher-density residential development, which the current plan doesn't fully accommodate. 2 . Whether the amendment constitutes an overall improvement to the General Plan, will not solely benefit a particular landowner or owners at a particular point in time, and is consistent with the overall intent of the 2010 General Plan. Applicant Response: Yes, the amendment supports the city's goal of providing more diverse housing options and is not just for the benefit of one landowner. 3 . Whether the proposed amendment is justified by an error in the 2010 General Plan as originally adopted. Applicant Response: No, there is no error in the General Plan. The change is needed to allow higher-density housing. (Allow more housing. ) 4 . Whether the proposed change is generally consistent with goals, objectives, and other elements of the 2010 General Plan. Applicant Response: Yes, it aligns with the General Plan's objectives for providing more housing options and supporting sustainable development. 5 . Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the Plan. 6 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report O� p,PACHf�Gti n� z City of Apache Junction R/ZO N Development Services Department 64q '9P Applicant Response: Yes, there has been an increase in population and housing demand, which justifies the need for higher-density residential development. 6. Whether the amendment will adversely impact a portion of, or the entire community by: a. Significantly altering acceptable existing land use patterns, especially in established neighborhoods. Applicant Response: No, the development will fit well with the surrounding mixed residential area. b. Significantly reducing the housing to jobs balance in the Planning Area. Applicant Response: No, it will provide more housing close to local jobs. c. Substantially decreasing existing and future water supplies . Applicant Response: No, water supply will not be significantly affected. d. Replacing employment with residential uses. Applicant Response: No, the site is already residential, so it's not replacing any employment areas. e. Requiring additional and more expensive improvements to infrastructure systems and/or proximity to municipal facilities and/or services than are needed to support the prevailing land uses and which, therefore, may impact the level of service for existing and proposed developments in other areas. Applicant Response: No, this project should not require expensive upgrades to things like roads, water, or sewer systems. The existing infrastructure in the area is enough to support the new apartments. f. Increasing traffic (without mitigation measures) on existing roadways beyond the planned level of service, and that negatively impact existing and planned land uses . Applicant Response: No, traffic impact will be minimal. g. Affecting the existing character (i.e. , visual, physical and functional) of the immediate area. 7 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report O� p,PACHf�Gti n� z City of Apache Junction R/ZO N Development Services Department 644 '9P Applicant Response: No, the development will blend with the existing neighborhood character. h. Increasing the exposure of residents to aviation generated noise, safety and/or flight operations. Applicant Response: No, the site is not near an airport or flight path. i. Materially diminishing the environmental quality of the air, water, land, or cultural resources. Applicant Response: No, the project will comply with environmental regulations. j . Significantly altering recreational amenities such as open space, parks, and trails. Applicant Response: No, the project will not affect recreational amenities. PLANNING DIVISION RECOMMENDATION To assess the appropriateness of this rezoning request, Staff found it necessary to determine if the proposed development would be detrimental to the neighborhood and if the proposed development would be an improvement to the site. In consideration of the provided information, Staff finds that the proposed development does not pose a negative impact to the neighborhood and is not a significant change from the existing land use, and that the development would facilitate the improvement of the property by seeing the construction of better facilities, landscaping, parking, and site amenities . Staff have worked with the applicant in order to further mitigate concerns, such as the use of an 8' wall to screen the property and the reduction of units to meet the lower density of "RM-1" (13 dwelling units an acre maximum) from the previously proposed "RM-2" (22 Dwelling Units an acre maximum) . The applicant has been cooperative in these matters and in working to address neighborhood comments. In review of the project proposal, the conditions and context of the subject site, Staff is supportive of the proposed rezoning by planned development P-24-114-PZ and respectfully recommends to the Commission a favorable recommendation to the City Council, subject to the conditions of approval noted below. As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. 8 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report O� p,PACHf�Gti n� z City of Apache Junction R/ZO N Development Services Department 64q '9P RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of case P-24-114-PZ, a rezoning request by Hermelinda Pando of Hermelinda Properties LLC to rezone 282 N. Palo Verde Drive, Parcel 101-02-0050, approximately . 62 net acres, from Medium Density Single-Family Detached Residential (RS-10M) to High Density Multiple-Family Residential by Planned Development (RM-1/PD) and approve a minor general plan amendment from Medium Density Residential to High Density Residential, subject to the following conditions of approval : 1 . The project shall be developed in accordance with the plans approved and associated with case P-24-114-PZ and all provisions of the Zoning Ordinance and city codes applicable to this case. 2 . Eight foot (8' ) tall opaque screen walls shall be installed along the north, west and south property borders as proposed in the P-24-114-PZ site plan. 3 . All applicable permits shall be applied for, and plans shall be designed to current city codes prior to construction. 4 . The minimum side setback shall be reduced to five feet (5' ) . The minimum rear setback shall be reduced to ten feet (10' ) . 5 . The existing duplexes shall also be kept in proper repair and upkeep, and shall be painted to complement the new building and refresh the appearance with the improvement of the rest of the property. Prepared by Nick Leftwich Senior Planner Attachments: Exhibit #1 : P-24-114-PZ Project Narrative Exhibit #2 : P-24-114-PZ Site & Building Plans Exhibit #3 : P-24-114-PZ Aerial Map Exhibit #4 : P-24-114-PZ Public Participation Report 9 "Julian's Apartments"Case P-24-114-PZ August 26,2025,Planning and Zoning Commission Staff Report Project Narrative: P-23-108-PDR Julian's Apartments Multi-Family Residential Development- Pre-Application Project Overview: Julian's Apartments proposes to increase the residential density at 282 N. Palo Verde Drive (APN 101-02-0050) by replacing an existing west building with a new five-unit apartment building. This addition will raise the total number of residential units on the 0.61-acre property from five to nine;`achieving a density of 14.75*units per acre. Current Zoning and Required Rezoning: The property is currently zoned as "RS-IOM" Medium Density Single-Family Detached Residential, which only allows one single-family unit. Existing duplexes and multiple units on the property are considered lawful non-conforming uses. To proceed with new construction, we are proposing a rezoning to "RM-2 High-Density Multiple-Family Residential," suitable for the project's density requirements. Additionally, a Planned Development Overlay (PD) will address non-conforming setbacks and other deviations necessary for project compatibility. Purpose of Request: The rezoning request aims to increase local housing availability with a new multi-family residential building that complements the existing neighborhood. The planned development approach will enable design flexibility, accommodating community needs while meeting city standards. Site Conditions: The property is located in a residential area with single-family homes and multiple-unit dwellings nearby. The site, which is relatively flat, currently has duplexes and a non-conforming multiple dwelling building and is already connected to necessary utilities and infrastructure. Development Plan: The development includes the following key elements: 1. Site Plan: The site plan outlines the layout of the new five-unit apartment building,parking areas, landscaping, and access points, ensuring compliance with city safety and accessibility standards. - Guest Parking: Two guest parking spaces will be provided. - Bicycle Parking: Included per city code. - Accessible Sidewalk: An accessible sidewalk route to the south side mailbox. -No Front Signage: No signage will be placed at the front of the property. 2. Building Elevations: Architectural designs, materials, and colors will ensure the new building complements the neighborhood. Elevation details will be provided in the plan set. - HVAC Units: Placement to be determined with input from the architect. - Trash Exhibit: A dumpster is planned for the southeast side near the street or south wall. 3. Conceptual Floor Plans: The floor plans will show unit layout details, including bedroom and living space allocations. 4. Landscape Plan: A landscape plan will include low-water, drought-tolerant plants as per Arizona Department of Water Resources guidelines. Dark-sky-compliant lighting will be installed. Justification for Rezoning and Planned Development: 1. Better Design Achieved: The planned development approach allows for a balanced, functional design that integrates well with the neighborhood while optimizing property use. 2. Health, Safety, and Welfare: The new building will comply with modern building codes, ensuring the health and safety of future residents and neighboring community members. 3. Impact on Property Values: By introducing quality housing options and enhancing the area's visual appeal,this development is expected to support or increase nearby property values. 4. Minor General Plan Amendment Finding of Fact: 1. Does the amendment propose a land use designation that the Land Use Plan Map doesn't adequately provide? Yes,the amendment will allow for higher-density residential development, which the current plan doesn't fully accommodate. 2. Is the amendment an improvement to the General Plan and consistent with its overall intent? Yes,the amendment supports the city's goal of providing more diverse housing options and is not just for the benefit of one landowner. 3. Is the proposed amendment justified by an error in the General Plan? No,there is no error in the General Plan. The change is needed to allow higher-density housing. (Allow more housing.) 4. Is the proposed change consistent with the goals of the General Plan? Yes, it aligns with the General Plan's objectives for providing more housing options and supporting sustainable development. 5. Is the change justified by changes in community conditions or neighborhood characteristics since the Plan was adopted? Yes,there has been an increase in population and housing demand,which justifies the need for higher-density residential development. 6. Will the amendment adversely impact the community by: a. Significantly altering existing land use patterns? No, the development will fit well with the surrounding mixed residential area. b. Reducing the housing-to-jobs balance? No, it will provide more housing close to local jobs. c. Decreasing water supplies? No, water supply will not be significantly affected. d. Replacing employment with residential uses? No, the site is already residential, so it's not replacing any employment areas. e. Requiring costly infrastructure upgrades? No, this project should not require expensive upgrades to things like roads, water, or sewer systems. The existing infrastructure in the area is enough to support the new apartments. f. Increasing traffic beyond planned levels? No, traffic impact will be minimal. g. Affecting the existing character of the area? No, the development will blend with the existing neighborhood character. h. Increasing exposure to aviation noise or safety risks? No, the site is not near an airport or flight path. i. Diminishing environmental quality? No, the project will comply with environmental regulations. j. Alter recreational amenities like parks or trails? No, the project will not affect recreational amenities. 5. Bedroom Count of the Proposed Apartment Units: 5 units with 2 bedrooms = 10 Bedrooms Community Impact: The development will include provisions to mitigate community impacts, including sufficient parking, open space preservation, and measures to align with neighborhood character. A neighborhood meeting will invite resident feedback and provide further insight into the project. Conclusion: The Julian's Apartments Multi-Family Residential Development is a carefully planned project aimed at increasing the area's housing options while respecting neighborhood character. By rezoning to RM-2 and incorporating a Planned Development Overlay,this project supports the city's growth goals and aligns with long-term planning objectives, representing a beneficial addition to the community. 3 AI Y10'R �- - ° CX T EXII TING 1//,/ APT45 � B G. *2 ! N. nc ' I i Ix AM-4 AM-3 �r APT! } —I% + WAP% � i � i EXISTING I I O G. I W ORAMAGE APT�l I 9TR XTURE TO Z 'Ix I 72'-6. GANNET � Ix I �;, 11i RAC. HALF-STREET RUNOFF / ,s+e �, MTO O*ITE RETENTION BASINS nt ` � GUTTER DRAM 1I �I Al 1 + 3 z,m,R I t GI �6 �0 }n "CITY OF APACHE JULim NCTION GENERAL CONSTRUCTION NOTES° 'l �gm a. o 0 SR N E� a s R -T $.. H Ng s.���. 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PROJECT SITE DATA: oIX .R. �nE a NZ ..r.�wEora�wa � o�er N � wo DRIVEWAY ENTRANCES PATH f��� 250-2 �• �ENGLIBH��� SIDEWALK ATTACHED TO CURB a 250-2 Q ma �21DRIVEWAY DETAIL 0 J 1 LEGAL DESCRIPTION: P� e�ae nv3.a�c.n mm mee 0A°a"" BUILDING DATA: awe i• as Lrrr°r,xK�'e,nm+aueo n, = XI TING s p immr�� PARKING NOTES:APT,5 THRU APT.-B� aA 141 av�n ° d W .A°� EW ' IXy XISTING R • O wn.��.�a� ABBREVIATION: $w�R jB �wrel LEGEND: 0 a �. .�.PREMINARY SITE PLAN Al LEGEND: � W 1 a U ¢ a a 0 0 ,»34:is°• U wo 00 DWI O N nenn�m uwi � /r J¢ � � am- d O i EXis /',!; �j a z F BLP �. U oo �< C,fl an J GENERAL NOTES: El PRELIMINARY LANDSCAPE PLAN (COLORED) 0- MY L1 �q�- ...... .. ME Wl U ICI Q sec,.zoi g 0R x"� mrvss Ea �oisx --am.s-ioo unx rs-1B /r Q `7 0 PAVED ALLEY DETAIL U o oN �DRIVEWAT GIITTER/PAVED DETAIL H In U > W AI �I �N Q - ® p aI o xI nNG w d' z� ELU— .Pr.. XISTING 3 O o LDG. O C'r j R-. 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ELEVATION KEY NOTES: o{wEAST ELEVATION m X w W U F� d DO Y Y z af0 �N J F az a o N U oFWEST ELEVATION p �0 25N� b LEGEND- I� �- MY DCNORTI-I ELEVATION �FSOUTI4 ELEVATION A3 m-,- DISCLAIMER: a 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, _xpressed or implied,regarding the reliability of the information provided. eIlk 6 T mire 1� �_{ _. JAI ' - R, "a• �,-_`4bjjm JL Z4 L* 49 'i � f '� .+�_■ "�`_�_a.'�4•. �, a f•' _ �� _. — `�� w. � __ Ot PF dir NEW T 1 - .p —� - LEGEND City of Apache Junction Apache Junction Municipal Boundary Mobile Home and RV Parks N L:D Apache Junction Parcels A 0 County Boundary City of Apache Junction August 20, 2025 0 Subdivisions — Ephemeral Washes o 0.06 0.12 mi Content maintained by the Apache Junction GIS Division Rezoning Neighborhood Meeting Report Date: February 10, 2025 Time: 5:00 PM - 7:00 PM Location: MGC Art Room- Seniors R119 Project: Julian's Apartments Rezoning Attendees: • Nicholas Leftwich(City Representative) • One neighboring property owner • Tenant from the property: 282 N. Palo Verde Dr. • Project Team: Lilia& Giselle Key Points Discussed: 1. Rezoning& Project Overview o The meeting began with an explanation of why rezoning is necessary to allow for the construction of five additional apartment units. o The team presented the proposed site plans for Julian's Apartments and explained compliance with city regulations. 2. Neighbor Concerns: o Wall Height: A neighbor requested increasing the masonry wall from 6 ft to 8 ft for privacy and noise reduction. —>His concerns included privacy and potential noise complaints due to his frequent gatherings and the presence of animals. o ""Wall Setback Concern: i. The same neighbor behind the project area also inquired about adjusting the wall setback due to his proximity to the new units' backyards. o Parking: A tenant was concerned about parking availability, and the team assured compliance with city standards. o Rezoning Impact: A neighbor asked if his property would be rezoned, and the team confirmed it wouldn't. o Building Height: The team clarified that all new units would be single-story. o Fire Safety: A tenant raised fire hazard concerns in the area the units would be built, and the team confirmed plans follow city safety regulations. Conclusion & Next Steps: • Consider increasing wall height for privacy. • Ensure parking aligns with city rules. • Neighbors were genuinely interested in the project and its improvements. • Submit required documents and respond to city review comments (post). • Maintain communication with city officials and neighbors, etc. Prepared by: Lilia Arenas & Giselle Ortega Julian's Apartments Project Team Julian's Apartments Rezoning P-24-114- PZ City of Apache Junction Planning and Zoning Commission August 26, 2025 ;j y, - u � aor, �,� •mow s� L �� 7� � t ,Jolt• � �� � 9 •- � �s i( rlr r L • • • • - Woo zip i•T a ,�! n r i '•• J. • • • oso ]We nun f IwI nine _ — ,/ _ ti I �1 ieJ Jnv, r„I loJu7n nr.t � Jn77 Ire 14 t'lJ - ��,� �'• f 2 � ��' l6 1 � �]L a •�;. T" • �� �S, Inns Mhpk h � ' Zoning Map � Tuta St ' - Current Zoning: >AN'lift , ` RS-10M (101-02-0050) y" ; I o �>: Behnni ( I y North —Desert Chapel United s ' �! m'' "` r °o Methodist Church, zoned General `o E Rural Low Density Single-Family "� , ' ( �� `�tM• � { a � { tinpua�o Mhp Residential "RS-GR" - �' f3ngoty St , kr �f ; South — Medium Density Single- ;� ,� a 5 Family Detached Residential "RS-10M" properties W{� { �� M{'' 'OrM lot Ralnsyf Mhp East — "RS-10M" properties ��..,..... ��, • r - V West — "RS-10M" properties, including an RV park ( /� Apache TO + • • Ve=MCMJ rr Transportation - ' - • - Conservaton(1DU/AC) - Low Density Res dental(1 DU/1.25 AC) _ Medium Density Residential(10 DU/AC Max) H gh Density Res•dental(40 DU/AC Max) ■ Downtown Mixed Use Master Planned Community(20 DU/AC Max) ■ Commercial ■ Light Industrial/Bus;ness Park and Industrial Public/lnstitutzonal ��,`_ ` Open Space and Recreaton Site Plan _ IOR I po �mill . smi p -I III I '��' ��� ' • 1 � � v�■■ 1� 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, February 10, 2025. One neighbor and one existing tenant attended and asked questions regarding parking, screening and density. The applicant modified their proposal to include an 8' wall and reduce the proposed unit count to address the noted concerns. • Staff have received one phone asking questions regarding parking and improvements to the site, and noting they had no objections upon receiving an explanation. Staff Recommendation • Planning Staff recommends the approval of P-24-114-PZ, subject to the conditions of approval noted in the staff report. 1 �. - Thank You City Council Work Session: Monday, September 15, 2025 City Council Public Hearing: Tuesday, October 7, 2025 -EAST ELEv,4TION 0 0 0 IWEST ELEv,4TI0',, �n i\ E City of Apache Junction, Arizona 300 E Superstition O (�, Boulevard I� f� »:z Agenda Item Cover Sheet Apache Junction,Az 85119 • Agenda Item No. 14. �PIZ File ID: 25-459 Sponsor: Rob Wisler Agenda Date: 9/16/2025 Index: In Control: City Council Meeting Presentation, discussion, and possible direction to staff on dissolution of the City of Apache Junction Municipal Property Corporation. City of Apache Junction,Arizona Page 1 Printed on 9/15/2025 City of Apache Junction Home of the Superstition Mountains DATE: SEPTEMBER 16, 2025 TO: MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: ROB WISLER, MANAGEMENT ANALYST SUBJECT: DISSOLUTION OF MPC Background/Discussion In 1990, the City created the Municipal Property Corporation to allow the City to seek bonds for City facilities. At the time, due to Federal law, a non-profit third-party entity was necessary to allow for the City to sell tax-exempt bonds through lease-purchase financing structures (which significantly reduces borrowing costs for cities).The City utilized the MPC to fund multiple projects from 1992 through 1997, including: AJPD headquarters, a major street rehabilitation program, the rodeo grounds arena, irrigation and landscaping at PD Building and County Retention Basin, library expansion, and Prospector Park improvements (2 ballfield lighting, picnic areas, sports courts, lighting). In 1997, Federal Law was changed to allow municipalities to sell tax-exempt bonds through lease- purchase type financing structures without needing another entity. Since that law has changed, the City has ceased using the MPC to secure bonds. The City has paid off all financial obligations related to the bonds. The MPC has continued to function with Council appointing members each year and an annual meeting that has consisted solely of approving the last meeting minutes and appointing the chair with no further business on the agenda. City Staff manages annual reporting requirements to the ACC,which are necessary even without any business being conducted. The City of Surprise is in the process of dissolving their MPC. All City of Apache Junction comparator organizations: Avondale, Buckeye, Casa Grande, Goodyear, Marana, Maricopa, Mesa, Oro Valley, and Queen Creek, do not have an MPC. Several of these entities previously used an MPC to issue bonds for public infrastructure, but no longer use the MPC financing structure for the reasons described previously. Analysis and Recommendation There are two possible alternatives for the MPC: doing nothing and allowing it to continue to exist or dissolving it completely. 1. Do nothing (status quo) -the Council would continue to appoint members and the MPC would continue to meet at least once annually. Staff time will continue to be utilized on MPC functions. Barring major changes in federal tax law or some innovation that would make sense to see an MPC utilized, neither of which have happened in the 28 years post-1997 federal law changes, the MPC will continue to have no business. 2. Dissolve it completely-the Council would adopt an ordinance changing the City Code and eliminating the MPC. Before this, the MPC would meet to formally transfer all assets to the City (though we believe all assets are titled to the City, this would ensure this) and adopt a resolution calling for its dissolution. After Council action to formally dissolve the MPC, City staff would complete the necessary dissolution filing with the ACC and the Arizona Department of Revenue. If conditions changed in the future and an MPC became beneficial or necessary once again, the City would have to adopt a new ordinance creating a new MPC. Staff recommends Council select option 2, dissolution of the MPC. Financial Impact No Financial Impact. Public Input If Council elects to dissolve the MPC completely, it will require an ordinance and public hearing. The status quo will not require public participation. Next Steps (if applicable) Should Council elect to direct staff to dissolve the MPC, staff will prepare an ordinance and public hearing for the October 215t Council meeting. Should Council direct staff to continue with the status quo, staff will proceed to implement that directive, though there will be nothing further that Council will be asked to take action on. ®GreenbergTraurig Municipal Property Corporation - Background and Potential Dissolution - City of Apache Junction, Arizona Zach Sakas I sakasz@gtlaw.com 1 602.445.8456 September 16,2025 www.gtlaw.com ®GreenbergTraurig Municipal Property Corporation City of Apache Junction Municipal Property Corporation (MPC) Formed in 1990 Arizona nonprofit corporation Must be maintained in good standing Annual reports to AZ Corporation Commission Appointed MPC Board members Annual meeting and budget IRS Form 990 filing, as applicable Insurance (or indemnification from City/additional insured under Risk Pool) Periodic updates to bylaws MGreenbergTraurig ©2025 Greenberg Traung,LLP MPC Financing Historically, MPC financings generally used a revenue pledge Most commonly, excise tax/State shared revenues or utility revenues Non-voter authorized revenue pledge is derived from general contracting ability of the municipality and caselaw MGreenbergTraurig ©2025 Greenberg Traung,LLP MPC Financing Structure MPC Issues Bonds rr - . pUrCh _ c. Agreement Municipality 4011110 Bond Trustee Bondholders Pledges Revenues ign:ed St:,,,.Payment Stre]am MGreenbergTraurig ©2025 G—berg Traung,LLP AJ MPC Completed several transactions with pledged excise taxes and State shared revenues Municipal facilities Streets Other improvements All MPC bonds have been fully repaid and are no longer outstanding Staff is reviewing prior bond documentation to ensure any ownership rights or lease encumbrances have been released by MPC and/or bond trustee Often long-term bonds, and upon final payment, the bond trustee did not fulfill requirements to execute warranty deed for improvements to municipality Valley National Bank to Bank One to Chase, for example MGreenbergTraurig '2C25G­ ,g xg LLI MPC Structure No Longer Necessary 1997 amendments to Treasury Regulations § 1.141-3 This section generally deals with private use Generally, ownership equals private use; prior to amendments a corporate trustee having any ownership interest could create private use concerns and limit the tax-exempt status of interest on bonds Post-amendments,Treasury and IRS clarified that "Use by a nongovernmental person that is solely incidental to a financing arrangement is not private business use. A use is solely incidental to a financing arrangement only if the nongovernmental person has no substantial rights to use bond proceeds or financed property other than as an agent of the bondholders." Example financing structures that do not constitute private use expressly include a sale and leaseback, as well as bond trustee services MGreenbergTraurig '2C25G­ ,g xg LLI MPC Structure No Longer Necessary Arizona municipalities began to phase out use of MPC structure Bonds typically have long maturities, so it takes time For example bonds issued in 1996 with 20 year maturity, MPC had to be maintained in good standing because indenture had express covenants that the MPC, as the bond issuer, would not be dissolved or cease to exist Certain Arizona municipalities with significant amount of MPC debt still use the structure Scottsdale (MPC) and Phoenix (Civic Improvement Corporation), for example mGreenbergTraurig AJ Most Recent Pledged Revenue Transaction Apache Junction 2022 Pledged Revenue Obligations aT�TaNFDATeOJ Excise Tax and State Shared Revenue pledge CITY OF APACM JUNC'1'10 w AeIZONA Corporate Trustee structure, no MPCwil oe 1 MGreenbergTraurig ©2025 Greenberg Traung,LLP Whether to Dissolve MPC Many cities have dissolved their respective MPCs Hard to find boardmembers No transactions Administrative and compliance burden Switched to corporate trustee structure Some cities keep the MPC just in case Concerned Treasury or IRS will change the rules again, making MPC a viable financing tool AJ policy decision Staff will complete title search, litigation search, UCC search prior to dissolution Typically, bylaws or articles require all assets and obligations are assumed by the municipality upon dissolution mGreenbergTraurig Questions & Discussion CITY COUNCIL MEETING ROLL CALL Date: y- 110- oZ!- Work Study Regular Special S: E: S: 'I.00 E0PL4 S: E: CITY COUNCIL: Present Ab/excu Present Ab/excu Ab/excu MAYOR W I LSO N VICE MAYOR _ SCHROEDER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER SOLLER y/ TOTAL " / CITY STAFF' Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby Econ Director Ryan Kaup ✓ Mrkt Comm Director Kayla Fulmer Management Analyst Rob Wisler Management Analyst Eli Richardson City Clerk Evie McKinney ✓ Deputy City Clerk Amy Greening City Attorney Joel Stern Public Safety Director Michael Pooley Public Safety Assistant Johnny John Dev Services Director Rudy Esquivias Dev Sery Deputy Dir Sidney Urias Building&Safety Mgr Adrian Alegria ��pp1t Senior Planner Kelsey Schattnik 1?\ Planner Erica Hernandez Q Planner Nick Leftwich 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 Wirthgen t� wtiC.ha te�( , `t ✓ G_a OA, qjq� wet')1 O-C a �/ City Council VOTE - ROLL CALL ITEM # � MEETING OF MOTION BY: W-DS�j SECONDED BY: S� NOTES: YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER COUNCILMEMBER NESSER it COUNCILMEMBER HECK V COUNCILMEMBER SOLLER COUNCILMEMBERJOHNSON COUNCILMEMBER CROSS MAYOR WILSON V TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL V SHEET 5 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # °� w 25 MEETING OF MOTION BY: '-P SECONDED BY: r NOTES: Po I r,q 1 cal R M o b l, 'M YES YES ABSTAINED CITY COUNCIL: COUNCILMEMBER SOLLER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBERJOHNSON VICE MAYOR SCHROEDER (/ COUNCILMEMBER HECK v MAYOR WILSON v TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote Sheet 3 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # /14 ' °� MEETING OF /' I b b Z� MOTION BY: SECONDED BY: 1 l 5" NOTES: Nl (- uAA&yt 4-y k g . I\A l C pl 5SO jU 4-i`OI YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICEMAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL !� SHEET 6 S:/5—Templates&Forms/Vote Call—City Council CITY OF APACHE JUNCTION Dom- Mayor's Script d� Regular Meeting Tuesday, September 16, 2025 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of September 16, 2025, to order and ask everyone to put their cell phones on silent. B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be led by j'��K & the pledge by Jn 1 C. ROLL CALL Roll call D. CONSENT AGENDA As a reminder—All items under the Consent Agenda will be approved with one motion. If a Councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of September 2, 2025. 3. Consideration of approval of award of contract to Arrington Watkins Architects, LLC in an amount of $645,446.00, plus a contingency of $25,000.00 for a total not to exceed $670,446.00 for comprehensive master planning and programming for city campus south. This item was approved as part of the FY2025 budget and discussed at the council meeting held September 2, 2025. 4. Consideration of approval of award of contract to M.R. Tanner Construction for the application of an asphalt concrete overlay to select city streets. The work would be through the City of Buckeye cooperative Job Order Contract No. 2025081 in the amount of $546,965.00 plus a 10% contingency for unforeseen change orders in the amount of $54,696.50 for a total project cost not to exceed $601,661.50. Work is planned within the October- December 2025 timeframe. 5. Consideration of approval of First Amendment to Pre-Annexation Development and Drainage Settlement Agreement between the City of Apache Junction and Fortune Travel, Inc. Do I have a motion on the consent agenda? Wait for Motion and 2nd Roll Call E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. Proclamation designating the week of September 17 through September 23, 2025, as "Constitution Week." F. REGIONAL INTERGOVERNMENTAL UPDATES 7. Regional intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 8. City Manager's Report Bryant to report 9. Presentation and discussion with Apache Junction Police Chief Mike Pooley regarding department operational updates. Chief Pooley to report 10. Announcement of Current Events. Eli to report H. PUBLIC HEARINGS 11. Presentation, discussion, public hearing and consideration of application for Class A Bingo License for Des-a-ray Maxwell. Evie to report Any discussion among the council? council con discuss I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. I will now close the public hearing and ask for a motion. Roll Call I. OLD BUSINESS J. NEW BUSINESS 12. Presentation and discussion on an agreement with Advanced Chemical Transport Inc. Spencer to report Any discussion among the Council? NO MOTION 13. Presentation and discussion on rezoning by Planned Development Case P-24-114- PZ. Nicholas to report Any discussion among the Council? NO MOTION K. COUNCIL DIRECTION TO STAFF 14. Presentation, discussion and possible direction to staff on dissolution of the Municipal Property Corporation. Rob to report Do I have a motion on the Council Direction to Staff?? Wait for Motion and 2nd Roll Call L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALL TO PUBLIC I would like to remind everyone that the Call to the Public is a courtesy and not required by law. It is a time for the public to express requests, communications, comments and suggestions. Request to speak forms must be completed and handed to the city clerk before the end of the city manager's report. All issues shall be presented in a professional manner without personal attacks. Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION on the issues presented, but may respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter on a future agenda for council discussion. There is a three-minute limit for each speaker. Does Council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting. 9.16.2025 Consent Agenda Item No's. 1-5 1 MOVE THAT the consent agenda be accepted and approved as presented. Item No. 11 — Public Hearing Bingo License MOVE THAT the application for a Class A Bingo license for Desire Maxwell with Rancho Mirage Mobile Home Park be recommended to the Arizona Department of Revenue for (APPROVAL) or (DENIAL) (If denied must state the reason.) Item No. 14 — Direction to Staff I MOVE THAT direction to staff be given to draft an Ordinance and take whatever other administrative action is needed to effectuate the dissolution of the City of Apache Junction Municipal Property Corporation. ' Q Date: 1 /0 CITY OF APACHE JUNCTION ✓1� REQUEST TO SPEAK FORM G 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 #: M I would like to speak on a Non-Agenda matter regarding: ,fie i r-7 k iE2 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. First Name Last Name (PRINT) Address City Zip Code 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: I, , 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. 4 1-602 (A)(9). Signature of Parent/Guardian Date Date: C� �� 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? Yes 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 , � r 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: I, , 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)_ Sig ure of Parent/Guardian Date Date: l� - 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: ItOlfl S 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. jLoI First Name Last Name (PRINT) JUV Awc4 A)-oAvv W(�q Address City Zip Code C�lq- 35�- -c�-�tZ- cuYc�c�>✓���cc��I Telephone EnVAIF 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: I, Vs ` G� �� 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. 4 1-602 (A)(9)_ Signature of Parent/Guardian Date Date: IA C1 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: r ck.0 .4b 4kL ��xwi c, 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. First Name Last Name (PRINT) Ted 1pe Address City Zip Code Yl U cc Y�,-(;`r of C'� 1 � .��►'� 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: I, , 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. 4 1-602 (A)(9). Signature of Parent/Guardian Date