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HomeMy WebLinkAbout2015 11.16 City Council Work Session Agenda .., City of Apache Junction, Arizona Meeting location :, City Council Chambers at City Hall No. Agenda 300 E Superstition Blvd g Apache Junction,AZ 85119 City Council Work Session www ajcity net Ph (480)982-8002 Monday, November 16,2015 7.00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1 Interview of applicants for remaining vacancies on the Planning and Zoning Commission, Board of Adjustment and Parks and Recreation Commission Council previously discussed using the November 16 work session and November 17 regular meeting to interview applicants and make appointments to any remaining vacancies on the listed boards and commissions 2. Presentation and discussion on proposed Resolution No 15-29, declaring portions of federally patented easements located at Junction Drive from Explorer Road to Outpost Road, 2nd Avenue from Idaho Road to Outpost Road, 3rd Avenue from Old West Highway to Explorer Road, Explorer Road from Old West Highway to Junction Drive, and Outpost Road from Old West Highway to Junction Drive, are no longer necessary for public use as federally patented easements and are hereby extinguished as present and future public right-of-way. 3. Presentation and discussion on proposed Resolution No 15-31, declaring that portions of dedicated public rights-of-way located on 2nd Avenue between Idaho Road and Explorer Road and located on Explorer Road between 2nd Avenue and Junction Street are no longer necessary for public use as roadways and are hereby abandoned as present and future public rights-of-way 4. Presentation and discussion on possible amendment to both the operational agreement and Ordinance No 1034 related to the landfill located south of Baseline Road at the Tomahawk alignment City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 eAokk City Council Work Session Agenda November 16,2015 D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7 00a—6 OOp, excluding holidays, from the City Clerk's office located at 300 East Superstition Boulevard,Apache Junction, AZ The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and ono. facilities Specific requests maybe made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095 41210., City of Apache Junction,Arizona Page 2 Printed on 11/9/2015 ir . z. City of Apache Junction, Arizona300 E Superstition Boulevard O Agenda Item Cover Sheet Apache Junction AZ 85119 ':,..I., ) Itif,P7.7 Agenda Item No. 1. ' ;'"t File ID: 15-482 Sponsor. Kathy Connelly Agenda Date. 11/16/2015 Index. In Control. City Council Work Session Interview of applicants for remaining vacancies on the Planning and Zoning Commission, Board of Adjustment and Parks and Recreation Commission Council previously discussed using the November 16 work session and November 17 regular meeting to interview applicants and make appointments to any remaining vacancies on the listed boards and commissions Attachments. City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 Board/Commission Applicants Term Expiration Previous General Interested Appointments Information Board of Jodene Weeter 10/31/17 MPC and Public Adjustment Safety Personnel Retirement Board Construction Code *Frank 10/31/16 Applicants are not Board of Appeals Schoenbeck architect qualified for (two vacancies) **Nicholas 10/31/17 vacant positions ,.� Cannizzaro contractor Industrial 10/31/20 Development Authority (two vacancies) *indicated at interview his interest in any position **not a city resident Sue Warner was interviewed but not appointed She was interested in the Health and Human Services Commission and Parks and Recreation Commission but also stated she would be interested in serving on other boards The following persons already appointed have expressed an interest in other positions James Burczewski—member of Board of Adjustment Chester Burgess—member of Board of Adjustment, Construction Code Board of Appeals, Library Board Michael Frank—member of Construction Code Board of Appeals, Planning and Zoning Jesse Gage—member of Board of Adjustment Willie Howard—member of Board of Adjustment, Parks and Recreation Jane Jones—member of Board of Adjustment, Industrial Development Authority Carol Kauscher—member of Health and Human Services Jason Moeller—member of Industrial Development Authority Theresa Nesser—member of Library Board, Parks and Recreation, Planning and Zoning Loretta Nielsen—member of Library Board Wayne Standage—member of Municipal Property Corporation, Parks and Recreation Jeff Struble—member of Industrial,development Authority, Municipal Property Corporation C' v 4tv/ , .4 3 Ap(vii)v Kew., Barbara Duft From: Kathy Connelly Sent: Wednesday, November 04, 2015 2 32 PM To: Barbara Duft Subject: FW board and commission status Attachment for the item on the 11/16 and 11/17 agendas for the planning and zoning commission it vacancy. kc From: willie howard [mailto williehwrd825@gmail corn] Sent: Wednesday, November 04, 2015 2.21 PM To: Kathy Connelly Subject: Re• board and commission status Hello Kathy I am interested in serving on the Planning and Zoning Commission I understand if is necessary for me to resign from the Board of Adjustment and the Parks and Recreation Commission, I will resign from the Board of Adjustment and the Parks and Recreation Commission to be appointed to the Planning and Zoning Commission. Please contact me if there are additional questions Willie Howard 602-531-2472-Cell 480-288-6645-Home On Wed,Nov 4, 2015 at 12.20 PM, Kathy Connelly<kconnelly@ajcrty.net>wrote Good afternoon As we discussed, there is currently a vacancy on the city's planning and zoning •�► commission resulting from the resignation of a long-time member for health reasons.At last night's meeting, the mayor and council discussed filling this vacancy including your possible interest in serving on the commission If you are so interested, it would be necessary for you to resign from both the board of adjustment and the parks and recreation commission. If you would be willing to do so, please do so in writing by either email or letter and I will provide your response to the mayor and council. The council will be discussing this vacancy at their November 16 work session and considering filling the position at their November 17th regular meeting Please plan on attending these meetings. Thank you. Kathy Connelly, City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction,AZ 85119 kconnellya aj city.net 48o-474-506i e• 2 City of Apache Junction, Arizona 300 E Superstition Boulevard .; Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 2 File ID 15-477 Sponsor. Raquel Schatz Agenda Date. 11/16/2015 Index Community Infrastructure In Control: City Council Work Session Presentation and discussion on proposed Resolution No 15-29, declaring portions of federally patented easements located at Junction Drive from Explorer Road to Outpost Road, 2nd Avenue from Idaho Road to Outpost Road, 3rd Avenue from Old West Highway to Explorer Road, Explorer Road from Old West Highway to Junction Drive, and Outpost Road from Old West Highway to Junction Drive, are no longer necessary for public use as federally patented easements and are hereby extinguished as present and future public right-of-way Attachments. AEI b. City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM j City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction,AZ 85119 ;o; Agenda Item Cover Sheet p r ► % Agenda Item No 3 File ID: 15-479 Sponsor. Raquel Schatz Agenda Date. 11/16/2015 Index: Community Infrastructure In Control. City Council Work Session Presentation and discussion on proposed Resolution No 15-31, declaring that portions of dedicated public rights-of-way located on 2nd Avenue between Idaho Road and Explorer Road and located on Explorer Road between 2nd Avenue and Junction Street are no longer necessary for public use as roadways and are hereby abandoned as present and future public rights-of-way Attachments. City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM �o City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 Agenda Item Cover Sheet Agenda Item No.4. "' i File ID: 15-466 Sponsor. Matt Busby, Larry Kirch and Bryant Powell Agenda Date. 11/16/2015 Index In Control. City Council Work Session Presentation and discussion on possible amendment to both the operational agreement and Ordinance No 1034 related to the landfill located south of Baseline Road at the Tomahawk alignment Attachments. City of Apache Junction,Arizona Page 1 Printed on 11/9/2015 ORDINANCE NO. 1034 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION. ARIZONA. ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION. ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-14-96 FROM GR (GENERAL RURAL) TO CI.2/PD (HEAVY INDUSTRIAL BY PLANNED DEVELOPMENT), AND GRANTING A SPECIAL USE PERMIT FOR A MUNICIPAL SOLID WASTE LANDFILL, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I, IN GENERAL - PARCEL 1. 40 ACRES. APACHE JUNCTION LANDFILL CORPORATION The zoning district classification on the Zoning District Map, City of Apache Junction. Arizona, for the parcel of land described as Parcel 1 (40 acres as set forth in attached Exhibit 1), is hereby amended from GR (General Rural) to CI- 2/PD (Heavy Industrial by Planned Development) with a Special Use Permit for a municipal solid waste landfill, subject to the following conditions. A. At all times the property owner/applicant or operator shall be in full compliance with the terms and conditions of the vesting deed from Allied Waste Industries, Inc. , to Apache Junction Landfill Corporation ("property owner/applicant"), recorded in the Office of the Pinal County Recorder on October 3, 1996, in Docket No 1996- 033326 (see Exhibit 1). B. At no time during the use of this land as a municipal solid waste landfill shall any area used for solid waste storage exceed one -r thousand seven hundred feet (1700') above mean sea level. However. upon closure of the municipal solid waste landfill , the maximum height of any area used for solid waste storage shall not exceed one thousand six hundred eighty-five feet (1685') above mean sea level ORDINANCE NO. 1034 PAGE 1 OF 5 C Property owner/applicant shall provide to the City of Apache Junction ("City") copies of any notices of deficiency or problems, or other correspondence from any County, State or Federal Agency relating in any way to the operation of the solid waste landfill. Such documentation must be received by the City within ten (10) calendar days from the date property owner/applicant receives such notices, correspondence or other compliance orders/consent decrees. D. Property owner/applicant shall submit to City within six (6) months of ADEQ approval for the operation of the municipal solid waste landfill a Preliminary Planned Development Amendment Application which shall include a closure phasing schedule. E. By July 1, 2004, City shall advise owner/applicant of the property's recommended post-closure use Property owner/applicant shall submit to City within twelve (12) months after July 1, 2004, a Final Planned Development Plan Application which shall include the item listed in the Preliminary Planned Development Amendment Application referenced above. Property owner/applicant shall maintain the property in accordance with state and federal regulations for a thirty (30) year period after all municipal solid waste landfill operations have terminated. SECTION II, IN GENERAL - PARCEL 2. 88.9 ACRES. APACHE JUNCTION LANDFILL CORPORATION The zoning district classification on the Zoning District Map. City of Apache Junction. Arizona, for the parcel of land described as Parcel 2 (89 acre parcel as set forth in Exhibit 2), is hereby amended from GR (General Rural) to CI-2/PD (Heavy Industrial by Planned Development) with a Special Use Permit for a municipal solid waste landfill. subject to the following conditions. A At all times property owner/applicant shall be in full compliance with the terms and conditions of the State of Arizona Land Patent No 53-100817-01 (see Exhibit 2). 8. At no time during the use of this land as a municipal solid waste landfill shall any area used for solid waste storage exceed one ORDINANCE NO. 1034 PAGE 2 OF 5 thousand seven hundred feet (1700') above mean sea level . However, upon closure of the municipal solid waste landfill, the maximum height of any area used for solid waste storage shall not exceed one thousand six hundred eighty-five feet (1685') above mean sea level. C. The Special Use Permit issued herein does not include the use of the parcel for the operation of either a waste tire collection site or a transfer station nor does it authorize any other use allowed in the CI-2 zoning district, except for storage of solid waste hauling vehicles. equipment. and machinery, as well as the repairing thereof in a fully-enclosed structure as approved by City. D Property owner/applicant shall provide to City copies of any notices of deficiency or problems, or other correspondence from any County, State or Federal Agency relating in any way to the operation of the solid waste landfill. Such documentation must be received by City within ten (10) calendar days from the date property owner/applicant receives such notices, correspondence or other compliance orders/consent decrees E City shall advise property owner/applicant of its recommended post- closure use for the municipal solid waste landfill site no later than July 1. 2004. Property owner/applicant shall submit to City within twelve (12) months after July 1, 2004, a Final Planned Development Plan Application for the use of the site, which shall include the following: (1) construction schedule and expected location of the required six foot (6') decorative masonry perimeter wall for the entire site; (2) post-closure landscaping plans for the entire site, including the configuration of the one hundred fifty foot (150') buffer zone within the enclosed area; (3) location and construction schedule of twelve inch (12") water utility line extension, and other necessary utilities; (4) location and construction schedule for all necessary roadways and roadway realignments/improvements. (5) a site plan clearly delineating any proposed structures, ancillary facilities, work shops, offices, gatehouses, weigh scales, and other accessory structures related to municipal solid waste landfill operations, and the storing and repairing of solid waste hauling vehicles. equipment and machinery, ORDINANCE NO. 1034 PAGE 3 OF 5 (6) a site plan clearly delineating the drainage control structures for onsite retention, and other onsite improvements which City deems necessary; and (7) a closure phasing schedule. Should the improvements mentioned herein, except for the landscaping plans for the one hundred fifty-foot (150') buffer zone, not be completed within one (1) year of closure of the site, owner/applicant shall post a cash bond or other form of security approved by City in an amount sufficient to pay for the installation of such improvements The Final Planned Development Plan shall also include provisions for offering the site for City's use as negotiated between the parties and shall provide for maintenance by property owner/applicant for a period of thirty (30) years after closure as required by Federal and State law. F. Landscaping plans for the one hundred fifty-foot (150') buffer zone shall be submitted to City within six (6) months after ADEQ approval for the operation of the municipal solid waste landfill Should the landscaping not be installed within one (1) year of ADEQ approval, property owner/applicant shall post a cash bond or other form of security approved by City in an amount sufficient to pay for the installation of such improvements. Such buffer area may be used for access roads or other landfill operations consistent with ADEQ's rules and regulations. G. The Preliminary Planned Development Plan presented to City by property owner/applicant on March 24, 1998 (see Exhibit 3). the Final Planned Development Plan and all amendments thereto, and all permits and actual construction thereof, shall be conditioned upon site plan approval as per the provisions of Article 19 of City's Zoning Ordinance, including but not limited to, the dedication and/or realignment of all rights-of-ways and easements (including Tomahawk Road, Guadalupe Avenue and any necessary turning radius and sight visibility cut-off corners) deemed necessary by City, and constructed to City standards. ORDINANCE NO 1034 PAGE 4 OF 5 SECTION III. REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION IV. PROVIDING FOR SEVERABILITY If any section, subsection, sentence. phrase. clause or portion of this ordinance, or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF MAY , 1998. SIGNED AND ATTESTED TO THIS 19TH DAY OF MAY , 1998. DOUGLAS OLEMAN Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney ORDINANCE NO. 1034 PAGE 5 OF 5 AGREEMENT FOR OPERATION OF MUNICIPAL SOLID WASTE LANDFILL AND RELATED OFFSITE AND ROADWAY IMPROVEMENTS THIS AGREEMENT is made and entered into this 12th day of June , 1998, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "City"), and APACHE JUNCTION LANDFILL CORPORATION, an Arizona corporation (hereinafter referred to as "AJ LC"). WITNESSETH : WHEREAS,AJ LC is an Arizona corporation,whose principal activities consist of the collection, transportation, management and disposal of solid waste; and WHEREAS, AJLC has an existing forty (40) acre landfill ("existing landfill") which is located within the boundaries of City; and WHEREAS, AJLC has proposed to expand the existing landfill and increase the property by eighty-nine (89) acres so that the total property will be one hundred twenty-nine (129) acres ("expanded landfill"); and WHEREAS, City has determined that the expanded landfill will benefit the citizens of City through stabilized rates and other consideration and, therefore, agrees to assist AJLC in expediting any City permits which are necessary for the expanded landfill; and WHEREAS, City desires to have AJLC assume certain obligations and AJLC desires to assume those obligations as hereinbelow set forth in the operation of the landfill site. NOW,THEREFORE,in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Recitals. The above recitals are incorporated in this Agreement. 2. Tonnage Payment; Notification of Opening of Expanded Landfill. Upon receipt from AJLC of ADEQ's authorization to receive waste into the expanded area of the landfill, AJLC shall pay City One Dollar ($1.00) per ton for such waste received. Payments shall be made to City not later than forty-five(45)days from the end of the month in which the waste was received. The tonnage shall be calculated by using the Arizona Department of Environmental Quality ("ADEQ") conversions of three (3) compacted cubic yards per ton and six (6) un-compacted cubic yards per ton. AJLC shall notify City by first class certified mail, return receipt requested, to the City Manager, Apache Junction City Hall, 1001 N. Idaho Road, Apache Junction,Arizona,85219, of the official opening date of the expansion cell. After six (6) months of receiving additional waste in the landfill pursuant to ADEQ's authorization, should City at its sole discretion and through its City Manager determine that City desires a computerized weigh station to measure tonnage, City may require AJLC, its heirs, designees or assigns,at its sole expense,to install said weigh scales within six (6) months from such written notification to AJLC. Weigh scales are defined as computerized scales similar in type and design with landfills operating under Subtitle D regulations. In the event weigh scales are installed, all vehicles entering the landfill to dispose of solid waste must be weighed. 3. Record Keeping and Inspection Rights. AJLC shall keep accurate records and accounts of waste yardage/tonnage received at the landfill. City shall have open and complete rights to inspect and audit all waste delivered to the expanded area. Such rights extended to City staff and/or agents thereof include: (1) unannounced visits and inspections to all areas of the landfill site; and (2) reasonable access for inspection and photocopying of all books and records related to tonnage, gross receipts and other papers documenting the operation of the landfill. Such rights shall be exercised by City during the regular business hours referenced in paragraph 10 of this Agreement. - If such records are maintained at another location, City staff shall have the same unrestricted access at such location and shall be permitted to review and photocopy any and all such records related to the operation of the_landfill. Said records shall be maintained only for the then most recent 12-month period and City's right to review the records shall be limited to that 12-month period. Such records retained by City shall be considered the property of AJLC. Disclosure of such records shall be limited to only what is required to be disclosed pursuant to the Arizona Public Records Act under Title 39 of Arizona Revised Statutes Annotated, and any applicable federal laws related to access to public records. 4. Disposal Participation. AJLC will provide free disposal support for City's quarterly cleanup. City cleanups are intended for individual residents and not commercial activities. All advertising and notification of the free disposal days shall be City's responsibility. 5. Fees and Charges for Residents of City. Subject to the terms of this paragraph, AJLC agrees to limit increases in fees and charges for the receipt and disposal of solid waste at the expanded landfill for residents of City. Fee increases shall not exceed the National Consumer Price Index ("CPI"), as averaged on a yearly basis and reported in January of each year by the United States Department of Labor, Bureau of Labor Statistics. Such increase shall only be effective upon AJLC's tendering of its Notice of Intent to Increase Fees by prepaid,first class mail, -2of7- return receipt requested,to the Apache Junction City Manager, a minimum of sixty (60) days before such increase takes effect. In no case shall any properly noticed increase take place before April 30th of any year in which this Agreement remains enforceable. No such limitation shall apply to non-residents of City or commercial customers. AJLC wild establish its own rules and regulations to regulate and determine whether all of the waste being brought to the landfill is that of City residents. City residents are defined as households within City that receive residential pickup and individuals delivering their own waste to the landfill who can show adequate proof they reside in the corporate limits of City. The parties also agree that this fee limitation is conditioned upon City adopting an ordinance which shall limit trash collection to two (2) specific days per week. Should any regulatory branch of government impose significant new regulations, ordinances or laws which increase the costs associated with the operation and maintenance of the landfill, AJLC and the City shall negotiate an increase in the above-referenced limitations to compensate AJLC for the increased cost due to said regulations, ordinances or laws. Further, if the City chooses to franchise waste hauling within the City, all waste generated in the City shall be delivered to the Apache Junction landfill once a new agreement has been ratified by the Apache Junction City Council containing a new discounted rate for City residents. 6. Travel Routes and Road Maintenance. AJLC shall instruct its commercial customers that they should enter the expanded landfill via Tomahawk Road. Additionally, until such time the municipal solid waste operations permanently terminate, AJLC shall be responsible for the general maintenance of Tomahawk Road from Baseline Road to the landfill entrance. "General Maintenance"shall mean that the condition of Tomahawk Road will be maintained to the same standards of other similar roads within City. AJLC will pay for all improvements on or to Tomahawk Road from Highway U.S. 60 to Baseline Road. 7. Utility Line Extensions. AJLC shall be responsible for all water and sewer line extensions which are related to the expanded landfill, as determined by the Water Utility Community Facilities District ("WUCFD") and the Superstition Mountain Community Facilities District("SMCFD"). 8. Indemnification. AJLC covenants and agrees to fully indemnify, hold harmless and defend City and its directors, officers, agents, servants and employees from and against any and all claims or actions of whatsoever kind of character, whether real or asserted, arising out of or in connection with this Agreement and from the operation of the landfill, except to the extent such claims or suits arise out of or are based upon acts or omissions by City or its directors, officers, servants, employees or agents. If any action or claim shall be brought or asserted against City, or its directors, officers, agents, servants or employees for which indemnity may be sought from AJLC, then City, or any such person, shall promptly notify AJLC in writing. AJLC shall, within ten (10) working days of -3of7- receiving such notice, assume the defense thereof, including employment of legal counsel of City's choice and the payment of all expenses, including attorneys fees and court costs which shall be paid as incurred. This indemnification provision shall apply to any and all acts or omissions,willful misconduct or negligent conduct, whether passive or active, on part of AJLC, its directors, employees and agents. This section shall survive the expiration or early termination of the Agreement. 9. Insurance. Prior to commencing construction of the facility,AJLC shall obtain and shall maintain in effect throughout the entire term of this Agreement, general liability insurance covering the Property and all operations thereon in the aggregate amount of not less than $100,000,000 and in the amount of not less than $100,000,000 per occurrence. In addition, prior to accepting any solid waste for disposal atthe facility, AJLC shall obtain, and shall maintain in effect throughoutthe term of this Agreement, pollution liability insurance in the aggregate amount of $5,000,000 and in the amount of$5,000,000 per occurrence. All insurance shall name"City of Apache Junction, its officers, employees, and agents" as additional insured parties. The deductible amount of said policies shall be in any amount deemed reasonable by AJLC. In the event of any lapse in said insurance it shall be a material default under this Agreement. AJLC will also maintain liability insurance in the form of an umbrella policy in the amount of no less than $5,000,000. 10. Operation of Landfill. Expanded landfill hours of operation will be 6:00 a.m.to 4:00 p.m. Monday through Saturday. AJLC will be responsible for obtaining all necessary permits, zoning changes and other governmental approvals necessary to operate the facility. AJLC shall operate and maintain the facility in a manner consistent with industry standards and in compliance with all applicable federal, state and local laws, rules, regulations, permits and orders of any governmental entity having jurisdiction over the operation of a municipal solid waste facility and activities related thereto including without limitation, the solid waste facility plan approved by ADEQ.' 11. Relationship of Parties. It is agreed for all purposes hereunder, that AJLC is and shall be an independent contractor and shall not, with respect to its acts or omissions, be deemed an agent or employee of City. This Agreement is not intended to create, and shall not for any purpose be construed as creating, a partnership or joint venture. 12. Duration of Agreement. This Agreement shall commence as of the date hereof and shall terminate on the date notice is given to the ADEQ that final grades have been attained at the landfill Such notice must be personally served on City at the City Manager's Office, located at the address referenced in paragraph 2, supra, at the same time such notice is given to ADEQ. -4of7- 13. Binding Effect/Assignment. The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the parties and their successors, assigns and legal representatives. Neither party may assign its rights under this Agreement without the prior written approval of the other parties. Such successor or assignee shall assume, in writing,all duties and obligations hereunder of the prior party and shall further agree to be bound by and to fully perform the terms of this Agreement. 14. Entire Agreement. This instrument contains the entire agreement between the parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, discussions and representations related thereto. No supplement,modification or amendment hereof shall be binding and effective unless in writing and signed by all of the parties. 15. Severability. In the event that any sentence, paragraph, provisions or other portion of this Agreement is declared by a court of competent jurisdiction to be void, such sentence, paragraph, provision or portion of this Agreement shall be deemed severed from the remainder of this Agreement and the balance of this Agreement shall remain in effect. 16. Governing Law, Venue, and Attorney Fees. 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, 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 reasonable attorneys fees to be determined by the court in such action. 17. Conflicts of Interest. The provisions of Arizona Revised Statutes Annotated ("A.R.S.") §38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. APACHE JUNCTION LANDFILL CORPOR TIO corporation By: 0' Tit e: .Arizona District Manager - 5of7- STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this oe7 day of lay---- , 1998, by Sce/4 C�si J/ Witness my hand and official seal. .:;;,L;- SUZANNE& TVA My Commission Expires: R , /v .2�d1 _� ��' ryPubHc-s;�aor ~}`• My Comm ExplRs D�.1D,2D01 Nota- Public A T: Secretary APPROVED A TO FORM: Mi a J. Curley ounsel for Apache Ju 'on Landfill Corporate CITY OF APACHE JUNCTION, ARIZONA, an Arizona unicippal corporation By: t DOUGLAS OLEMAN, Mayor �.. STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this 4R day of �1 i/A%6 , 1998,by Douglas Coleman,Mayor of the City of Apache Junction, Arizona. Witness my hand and official seal. My Commission Expires: -ilf'aace . l JZ )L2,---),--- ,..,, NOTARY PUBLIC N ubI c `" • STATE OF ARIZONA, c Maricopa County ,.`' JANET R MASON -6 of 7- - — My Appointment Expires 07-14-00 ATTEST: • Kathleen Connelly, City C k APPROVED AS TO FORM: Richard J. Stern, City Attorney • - 7 of 7 -