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HomeMy WebLinkAbout2026 06.02 City Council Regular Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location: +� City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,June 2,2026 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. 26-285 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 26-287 Consideration of approval of minutes of the special meeting of May 18, 2026. Sponsors: Evie McKinney Attachments: SP CCMIN 2026 05 18 MINUTES DRAFT 3. 26-286 Consideration of approval of minutes of the regular meeting of May 19, 2026. Sponsors: Evie McKinney Attachments: CCMIN 2026 05 19 MINUTES DRAFT City of Apache Junction,Arizona Page 1 Printed on 5/28/2026 City Council Meeting Agenda June 2,2026 4. 26-219 Consideration of Resolution No. 26-05, a Federally Patented Easement(FPE) Extinguishment of Roosevelt Street(alignment)from Wickiup Road to Chaparral Road for the purpose of future development. Sponsors: Raquel Schatz Attachments: Resolution No.26-05 Council Memo 2026.05.18 Resolution No.26-05 5. 26-220 Consideration of Resolution No. 26-10, a Federally Patented Easement(FPE) Extinguishment of Solana Road (alignment)from 14th Avenue to 13th Avenue for purpose of future development. Sponsors: Raquel Schatz Attachments: Resolution No.26-10 Council Memo 2026.05.18 Resolution No. 26-10 6. 26-283 Consideration of approval of the First Amendment to the Community Maintenance Agreement between the City of Apache Junction, Brookfield ASLD 8500 LLC, and Blossom Rock Community Alliance, Inc. to add additional public park space and streets. Sponsors. Liz Langenbach Attachments: Staff Memo-First Amendment BR Maintenance Agreement 2023 Executed Maintenance Agreement Blossom Rock CommL Final -First Amend BR Maint Agreement Presentation-BR Maint Agreement E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 7. 26-288 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. City of Apache Junction,Arizona Page 2 Printed on 5/28/2026 City Council Meeting Agenda June 2,2026 8. 26-289 City Manager's Report Sponsors. Bryant Powell 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. 9. 26-282 Presentation, discussion, public hearing, and consideration of the Request for Continuance of case P-26-4-PZ to July 21, 2026. Sponsors: Nicholas Leftwich Attachments: P-26-4-PZ 6-2-26 Request for Continuance P-26-4-PZ 6-2-26 CC Presentation (002) 10. 26-303 Presentation, discussion, public hearing, and consideration of the Request for Continuance of case P-26-6-PZ to June 16th, 2026. Sponsors: Hudson Meyer Attachments: P-26-6-PZ Request for Continuance 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. 11. 26-290 Presentation, discussion, and possible consideration of Resolution No. 26-29 authorizing the city to enter into an Intergovernmental Agreement (IGA)Amendment No. 1 with Pinal County Community College District (CAC)to allow the City to design and construct a stormwater retention facility and be reimbursed by CAC in an amount not to exceed $1,800,000.00. Sponsors: Mike Loggins Attachments: CAC Palm Wash IGA SIGNED CAC Presentation City of Apache Junction,Arizona Page 3 Printed on 5/28/2026 City Council Meeting Agenda June 2,2026 12. 26-291 Presentation, discussion, and possible consideration of approval of award of contract to Rummel Construction, Inc. for Central Arizona College Palm Wash Detention Basin construction, located at 805 South Idaho Road, Apache Junction, AZ, in an amount not to exceed $1,447,698.07. Sponsors: Mike Loggins Attachments: CAC Palm Wash Detention Basin Rummel SIGNED CAC Presentation K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 5/28/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 1. QizoN* File ID: 26-285 Sponsor: Evie McKinney Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 512812026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.2. QizoN* File ID: 26-287 Sponsor: Evie McKinney Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Consideration of approval of minutes of the special meeting of May 18, 2026. City of Apache Junction,Arizona Page 1 Printed on 512812026 f�. City of Apache Junction, Arizona Meeting location: Z p City Council Chambers - _ ;-z Special Meeting Minutes at City Hall 300 E Superstition Blvd Special Meeting of the Apache Apache Junc ion,AZ Junction City Council apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Monday, May 18,2026 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. ROLL CALL Present 7- Mayor Wilson Vice Mayor Schroeder Councilmember Cross Councilmember Heck Councilmember Johnson Councilmember Nesser Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Amy Greening, Deputy City Clerk Rob Wisler, Management Analyst Rudy Esquivias, Development Services Director Liz Langenbach, Parks & Recreation Director Angelie Hawley, Finance Director Anna McCray, Human Resources Director Raquel Schatz, Project Engineer Connie Chow, Accounting Manager Matthew Hoshall, Deputy Finance Director Joseph Penze, Commander C. PUBLIC HEARING City of Apache Junction,Arizona Pagel Special Meeting of the Apache Special Meeting Minutes May 18,2026 Junction City Council 1. 26-226 Presentation, discussion, public hearing, and consideration of approval of Resolution No. 26-26, adoption of tentative budget for Fiscal Year 2026-2027. This resolution adopts the tentative budget for Fiscal Year 2026-2027 and sets the date, time and location for a public hearing on final budget adoption and declares an emergency. Councilmember Johnson moved,seconded by Councilmember Nesser that Resolution No.26-26,a resolution of the mayor and city council of the City of Apache Junction,AZ,for the adoption of the tentative budget for the City of Apache Junction,AZ for fiscal year 2026-2027, herewith setting forth the tentative estimates for the monies necessary for the public expenses and giving notice of the date,time and location for hearing taxpayers for the adoption of the final budget,and declaring an emergency, be approved. Yes 7- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember Heck,Councilmember Johnson,Councilmember Nesser and Councilmember Soller No 0 Mayor Wilson stated Items No. 1 and No. 2 will be combined for the Public Hearing but each will have their own motion. Assistant City Manager Matt Busby explained that the proposed budget and the classification and compensation plan was presented to Council on May 5, 2026. The next step is the required Public Hearing and their consideration for the tentative budget adoption. He explained the budget can be presented again if needed. Councilmembers had no concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the Public Hearing and asked for a motion. 2. 26-227 Presentation, discussion, public hearing, and consideration of approval of Resolution No. 26-27, declaring as a public record and adopting certain documents filed with the city clerk entitled "Fiscal Year 2026-2027 City of Apache Junction Classification and Compensation Plan" and "Fiscal Year 2026-2027 City of Apache Junction Recruit and Sworn Compensation Plan"; and declaring an emergency. Councilmember Johnson moved,seconded by Councilmember Soller that Resolution No.26-27,a resolution of the mayor and city council of the City of Apache Junction,AZ,declaring as a public record and adopting certain documents filed with the city clerk entitled: Fiscal Year 2026-2027 City of Apache Junction Classification and Compensation Plan, Fiscal Year 2026-2027 City of Apache Junction Recruit and Sworn Compensation Plan and declaring an emergency be approved. Yes 7- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember Heck,Councilmember Johnson,Councilmember Nesser and Councilmember Soller No 0 3. 26-225 Presentation, discussion, and consideration of approval of the City of Apache Junction's Public Safety Personnel Retirement System (PSPRS) Pension Funding Policy. Councilmember Soller moved,seconded by Councilmember Nesser that the City of Apache Junction's Public Safety Personnel Retirement System Pension Funding Policy be approved City of Apache Junction,Arizona Page 2 Special Meeting of the Apache Special Meeting Minutes May 18,2026 Junction City Council Yes 7- Mayor Wilson,Vice Mayor Schroeder,Councilmember Cross,Councilmember Heck,Councilmember Johnson,Councilmember Nesser and Councilmember Soller No 0 Assistant City Manager Matt Busby explained the Public Safety Personnel Retirement System Pension Funding Policy is required by state law to be adopted each year. Councilmembers had no concerns. D. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:05 p.m. ACCEPTED THIS DAY OF 2026, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2026. Walter"Chip"Wilson Mayor ATTEST: Evie McKinney City Clerk City of Apache Junction,Arizona Page 3 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. QizoN* File ID: 26-286 Sponsor: Evie McKinney Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of May 19, 2026. City of Apache Junction,Arizona Page 1 Printed on 512812026 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, May 19,2026 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 Johnson 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 Joel Stern, City Attorney Kayla Fulmer, Director of Marketing and Communications Liz Langenbach, Parks & Recreation Director Anna McCray, Human Resources Director Mike Loggins, Public Works Director Amy Greening, Deputy City Clerk Rob Wisler, Management Analyst Doug Wirthgen, IT Director Jamie Sullivan, Recreation Superintendent Julia Feraldi, Recreation Coordinator Jody Dutra, Recreation Coordinator Elliott Anuta, Recreation Coordinator Kelli Bunker, Court Administrator D. CONSENT AGENDA Councilmember Soller moved,seconded by Councilmember Nesser to approve the Consent Agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes May 19,2026 Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 1. 26-228 Consideration of acceptance of agenda. 2. 26-262 Consideration of approval of minutes of the special meeting of May 4, 2026. 3. 26-229 Consideration of approval of minutes of the regular meeting of May 5, 2026. 4. 26-197 Consideration of approval of procurement of OpenGov citywide asset management system from Carahsoft through contract#CTR046098, NASPO Master Contract#AR2472 for a total not to exceed $117,927.19. 5. 26-255 Consideration of approval of Resolution No. 26-21 Intent to Form Streetlight Improvement District No. 2026-SV-BR-8 Blossom Rock Parcel 8. 6. 26-256 Consideration of approval of Resolution No. 26-22 Ordering the Installation of Streetlights for Streetlight Improvement District No. 2026-SV-BR-8 Blossom Rock Parcel 8. 7. 26-258 Consideration of approval of Resolution No. 26-23 Adopting the Budget for Fiscal Year 2026-2027 for Streetlight Improvement District No. 2026-SV-BR-8 Blossom Rock Parcel 8. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 8. 26-263 Proclamation designating the week of May 17 - 23, 2026, as "National Public Works Week." Mayor Wilson read the proclamation designating May 17th through May 23rd, 2026, as Public Works Week and presented it to Public Works Director Mike Loggins. 9. 26-224 Presentation of certificates to the graduates of the 2026 Citizen Leadership Institute class. Marketing and Communications Director Kayla Fulmer recognized the participants of the 2026 Citizen Leadership Institute (CLI). She also explained what CLI is and thanked City staff for presenting during the classes. Each member received a completion certificate and took pictures with the Mayor and Council. 10. 26-132 Presentation of 25-year Service Award to Martin Vasquez Parks and Recreation Director Liz Langenbach recognized Martin Vasquez's 25 years of service with words of appreciation, several photos and a list of his professional accomplishments. City Manager Bryant Powell addressed Mr. Vasquez with a certificate and service award. He also thanked him for his years of service. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes May 19,2026 F. REGIONAL INTERGOVERNMENTAL UPDATES 11. 26-230 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Cross attended the East Valley Partnership annual meeting where they discussed Al and building a stronger East Valley by supporting early childhood development. Councilmember Soller attended Police Week in Washington D.C. where he represented Apache Junction and City Council for the events that honored fallen Officer Gabriel Facio. He shared several photos from the week and announced his up-coming retirement from the Mesa Police Department in February 2027. Mayor Wilson attended the Pinal County Law Enforcement Memorial Ceremony where they honored Officer Facio and added his name to the memorial. G. CITY MANAGER'S REPORT 12. 26-231 City Manager's Report City Manager Bryant Powell honored Councilmember Soller for his years of service as a City of Mesa Police Officer. He played a video that Mesa made for Councilmember Soller that highlighted his years as an honor guard member. Councilmember Soller expressed his appreciation to the Apache Junction Police Department and honor guard. H. PUBLIC HEARINGS 13. 26-223 Presentation, discussion, public hearing and consideration of Ordinance No. 1575 an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending the Apache Junction City Code, Chapter 2: Mayor, Council, and Appointed Boards and Commissions, Article 2-1: Council, § 2-1-5, Compensation, by repealing and replacing it in its entirety; repealing any conflicting provisions; and providing for severability. Councilmember Heck moved,seconded by Councilmember Soller that Ordinance No. 1575 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. Deputy City Clerk Greening read Ordinance No. 1575 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Heck moved,seconded by Councilmember Johnson that Ordinance No. 1575,as read by the Deputy City Clerk be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes May 19,2026 City Attorney Joel Stern explained that Ordinance No. 1575 was created at the direction of Council to include an increased level of salaries for Mayor, Vice Mayor and Council members. He stated it also includes an annual cost of living increase. Mayor Wilson commented on his support of this increase. Mayor Wilson opened the Public Hearing. Elisa Krcilek, 1214 W. Ridge Road, Apache Junction, expressed support for this item. Andre Meek, 1327 S. Belair Road, Apache Junction, expressed support for this item. Doug Coleman, Apache Junction, expressed support for this item. Mayor Wilson closed the Public Hearing. I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Mo Mohiuddin, 2341 N. Apache Trail, Apache Junction, expressed his congratulations to the CLI graduates and gave his support for the Council pay increase. He also announced the free lunch program for students during summer break at the Hitching Post. Sheila Shettuck, 2145 N. Starr Road, Apache Junction, stated her frustrations working with Planning and Zoning on a code compliance issue. Donna Carr, 2178 W. Virginia Street,Apache Junction, shared her frustrations about water shortages, resolution copper and developers buying large areas of land. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:51 p.m. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes May 19,2026 ACCEPTED THIS DAY OF 2026, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12026. Walter"Chip"Wilson Mayor ATTEST: Evie McKinney City Clerk City of Apache Junction,Arizona Page 5 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. PizoNr File ID: 26-219 Sponsor: Raquel Schatz Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Consideration of Resolution No. 26-05, a Federally Patented Easement(FPE) Extinguishment of Roosevelt Street (alignment)from Wickiup Road to Chaparral Road for the purpose of future development. City of Apache Junction,Arizona Page 1 Printed on 512812026 Public Works Department f p 1 Home o the Superstition Mountains Date: May 18t", 2026 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Michael Loggins, Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 26-05 Roosevelt Street Extinguishment BACKGROUND Federally Patented Easements ("FPEs") were created by federal law and inherited by the city from Pinal County upon city formation and subsequent annexations. They are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of acquisition to serve access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. EXISTING CONDITIONS The Roosevelt Street (alignment) FPE from Wickiup Road to Chaparral Road has never been maintained by the city and is not classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. PURPOSE The owner of 238 N. Chaparral Road filed an application for the extinguishment. They are seeking an extinguishment for future developments which they will obtain permits through the city. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department f p i Home o the Superstition Mountains PROCESS Once the easement has been extinguished, the property owner can obtain permits through the city for future developments once they complete the extinguishment process through each individual utility provider. RECOMMENDATION Staff recommends extinguishment of the Roosevelt Street (alignment). ACTION REQUIRED After tonight's presentation and discussion, this item will be placed on consent agenda scheduled for June 2nd, 2026. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 26-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT ROOSEVELT STREET (ALIGNMENT) FROM WICKIUP ROAD TO CHAPARRAL ROAD, ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat. 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, the reason for the FPE extinguishment request is for future development through permits obtained by the city; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, under A.R. S . § 9-500 . 24 the city has notified and obtained consent of utility providers; and WHEREAS, on January 28, 2026 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on February 26, 2026, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the city engineer has determined that the easement (s) in question, because of their location, topography, and encroachments therein, have no or de minimis public value. RESOLUTION NO. 26-05 PAGE 1 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council of the City of Apache Junction find that the public roadway easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 20 SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 26-05 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-03-053A) The South thirty-three feet (33' ) of the Southwest quarter of the Northeast quarter of the Southeast quarter of the Northwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty-three feet (33' ) and East thirty-three feet (33' ) THEREOF; AND PARCEL 2 (Adjacent to parcel 103-03-0590) The North thirty-three feet (331 ) of the Northwest quarter of the Southwest quarter of the Southeast quarter of the Northwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty-three feet (33' ) and East thirty-three feet (33' ) THEREOF; RESOLUTION NO. 26-05 PAGE 3 OF 4 EXHIBIT "B" �CF_NIC _ �IREET I I I I I I I I I I I I I I I I I I I I I I I I I - - r3 0CAC I IS WRFN — STREET i F - - —I I I I � I I IQ I I I ICI I I I 1 053A I 1 — — —I — 1180-245 — _ _ I _ROOSEVELT I Z U 1192-571590 Q 0 0 Iz IQ 01 Q 0 1 1 I� I� �1 I I I I TAMARISK �— STREET- � Q I I �I 0 � I I� > 1 IUI IQI p col I I UI I I I I JUNCTION STREET LEGEND T1N R8E S22 I I 33' — — 66' — T PROPOSED EXTINGUISHMENT I PREVIOUSLY EXTINGUISHED 33 33' DEDICATED RIGHT—OF—WAY (To REMAIN) L ——— ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE RESOLUTION NO. 26-05 119-086 PATENT DEED(S) cn PAGE 4 OF 4 z ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. PizoNr File ID: 26-220 Sponsor: Raquel Schatz Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Consideration of Resolution No. 26-10, a Federally Patented Easement(FPE) Extinguishment of Solana Road (alignment)from 14th Avenue to 13th Avenue for purpose of future development. City of Apache Junction,Arizona Page 1 Printed on 512812026 Public Works Department f p 1 Home o the Superstition Mountains Date: May 18t", 2026 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Michael Loggins, Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 26-10 Solana Road Extinguishment BACKGROUND Federally Patented Easements ("FPEs") were created by federal law and inherited by the city from Pinal County upon city formation and subsequent annexations. They are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of acquisition to serve access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. EXISTING CONDITIONS The Solana Road (alignment) FPE from 14t" Avenue to 1311 Avenue has never been maintained by the city and is not classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. PURPOSE The owner of 2777 E. 13t" Avenue filed an application for the extinguishment. They are seeking an extinguishment for future developments which they will obtain permits through the city. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department f p i Home o the Superstition Mountains PROCESS Once the easement has been extinguished, the property owner can obtain permits through the city for future developments once they complete the extinguishment process through each individual utility provider. RECOMMENDATION Staff recommends extinguishment of the Solana Road (alignment). ACTION REQUIRED After tonight's presentation and discussion, this item will be placed on consent agenda scheduled for June 2nd, 2026. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 26-10 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT SOLANA ROAD (ALIGNMENT) FROM 14TH AVENUE TO 13TH AVENUE, ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat. 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, the reason for the FPE extinguishment request is for future development through permits obtained by the city; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, under A.R. S . § 9-500 . 24 the city has notified and obtained consent of utility providers; and WHEREAS, on February 19, 2026 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on March 4, 2026, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the city engineer has determined that the easement (s) in question, because of their location, topography, and encroachments therein, have no or de minimis public value. RESOLUTION NO. 26-10 PAGE 1 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council of the City of Apache Junction find that the public roadway easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 20 SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 26-10 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-18-047C&D) The East thirty-three feet (33' ) of the Southwest quarter of the Northeast quarter of the Southwest quarter of the Northeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33' ) and South thirty-three feet (33' ) THEREOF; AND PARCEL 2 (Adjacent to parcel 103-18-048A&B) The West thirty-three feet (331 ) of the Southeast quarter of the Northeast quarter of the Southwest quarter of the Northeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33' ) and South thirty-three feet (33' ) THEREOF; RESOLUTION NO. 26-10 PAGE 3 OF 4 EXHIBIT "B" AVENUF I I I I I I 0 I I Q 047CE3 048B — — — I0I I U w I UI � 047D 048A 048E 00 14TH AVENUE Q � Q I OI I I I 15TH _ AVENUE _ _ E - r I I I � I I I I - - - - - - - - - - - - - - 16TH AVENUE _6d33' , LEGEND T1N R8E S22 I I - - 66' — ' PROPOSED EXTINGUISHMENT I PREVIOUSLY EXTINGUISHED 33 33' DEDICATED RIGHT—OF—WAY (To REMAIN) L _ _ _ _ ——— ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE RESOLUTION NO. 26-10 119-086 PATENT DEED(S) cn PAGE 4 OF 4 z ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. '+PizoN* File ID: 26-283 Sponsor: Liz Langenbach Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Consideration of approval of the First Amendment to the Community Maintenance Agreement between the City of Apache Junction, Brookfield ASLD 8500 LLC, and Blossom Rock Community Alliance, Inc. to add additional public park space and streets. City of Apache Junction,Arizona Page 1 Printed on 512812026 City of Apache Junction i V�[ . 300 East Superstition Boulevard •Apache Junction,Arizona 85119 MEMORANDUM TO: Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks & Recreation Director DATE: May 6, 2026 SUBJECT: First Amendment to Blossom Rock Community Maintenance Agreement In 2023, the City entered into an agreement for community maintenance with Brookfield ASLD 8500 LLC (`Brookfield"), and Blossom Rock Community Alliance Inc. ("Community Alliance"), which is the entity created to provide Development-wide private governance. Among other things, the agreement outlines that Brookfield and the Community Alliance will be responsible for installation and maintenance in all of the private spaces; landscaping and sidewalks in Public Utility and Facilities Easements: landscaping in arterial medians, and all public parks or open space conveyed to the City for public use. The City will reimburse the Community Alliance for the maintenance of the public parks. The City will pay for on-going public street roadway maintenance. Since that time, additional phases of Ironwood Linear Park, Ironwood Road, Ray Road, Warner Avenue, Idaho Road, Elliott Road and other minor public roadways have been constructed. This proposed first amendment allows for the addition of these newly constructed items to the 2023 agreement. Staff recommends approval of the First Amendment to the Community Maintenance Agreement with Brookfield and the Community Alliance. Home of the Superstition Mountains COMMUNITY MAINTENANCE AGREEMENT This Community Maintenance Agreement (this "Agreement") is made as of 01- 1-7-2-3 , 2023, among Brookfield ASLD 8500 LLC, a Delaware limited liability company ("Developer"), Blossom Rock Community Alliance, Inc., an Arizona nonprofit corporation (the "Community Alliance"), and the City of Apache Junction, an Arizona municipal corporation ("City") , collectively referred to as the "Parties" or individually as a"Party". RECITALS A. Developer is the developer of the'project located in the City of Apache Junction and commonly known as "Blossom Rock" (the "Development" or "Community'), shown on Exhibit A attached hereto. B. The Development is governed, in part, by the Development Agreement for Superstition Vistas between the City and D.R. Horton, Inc., a Delaware corporation, dated October 28, 2021 and recorded as Fee No. 2021 140530, official records of Pinal County, Arizona(the "DA"). C. The Community Alliance was created pursuant to the Declaration of Covenants, Conditions, Restrictions and Easements for Blossom Rock recorded June 24, 2022 as Fee No. 2022 072799 (the "Community Declaration"), to provide Development-wide private governance. D. Pursuant to Section 4.7.B.2 of the DA, Developer may design and install in public streets within the Development, specialty poles for traffic control and street name signs, specialty street and sidewalk lighting, specialty street signage, and specialty paving materials, all of which are designated in the DA as "Specialty Features and Materials". Some or all of the Specialty Features and Materials will be located in publicly dedicated rights-of-way within or adjacent easement areas. E. Section 4.7.13.2 of the DA requires that, at the Development Unit-Plan stage of the planning process, Developer and the City will enter into one or more maintenance agreements concerning the Specialty Features and Materials. F. Pursuant to Section 4.7.13.2 of the DA, Developer is to install and maintain the landscaping within and adjacent to the road rights-of-way within the Development. G. The Parties desire to set forth their agreement as to their respective rights and obligations regarding, among other things, the installation, maintenance, repair and replacement of the Specialty Features and Materials, Arterial Median Landscaping, the Public Parks, and various other elements within the Community. H. The Parties acknowledge and agree that this Agreement applies to the real property contained within Exhibit B as attached, and to the public right-of-way located within or adjacent to such real property, but that it may be amended or supplemented from time to time to 0 1 incorporate provisions specific to new Development Units or portions of new Development Units. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1. Definitions. All capitalized terms used in this Agreement but not defined in the Agreement shall have the meanings given to them in the DA. 2. Specialty Features and Materials. a. Additional Specialty Features and Materials. In addition to the "Specialty Features and Materials" listed in the DA, Developer may design and install in and around public streets within the Development custom street signs and custom pavement. For purposes of this Agreement, the term "S ep cialty Features and Materials" means the foregoing custom street signs and custom pavement, as well as the"Specialty Features and Materials" listed in the DA. b. Design of Specialty Features and Materials. Developer shall be responsible for the design of any and all Specialty Features and Materials, if any are desired by Developer, which design shall be subject to approval by the City Engineer. Any request for approval of any Specialty Features and Materials shall expressly state that approval is requested for Specialty Features and Materials pursuant to this Agreement. Such design, with respect to specialty poles, must accommodate the attachment of City-standard signage, and, with respect to specialty street name signage, must accommodate the attachment to City-standard poles as well as the specialty poles. C. Installation of Specialty Features and Materials. Developer shall install any desired Specialty Features and Materials, in accordance with the construction permits granted by the City. Upon installation, the Specialty Features and Materials shall be deemed owned by the City, subject to acceptance by the City and subject to the terms of this Agreement. d. Inventory of Approved Replacement Parts. The Community Alliance shall maintain an inventory (the "Replacement Inventory") of replacement parts for any and all Specialty Features and Materials in such quantities as the City may, from time to time, reasonably deem appropriate. The Replacement Inventory shall be located within the Development in a location to be determined from time to time by the Community Alliance, provided that the Community Alliance shall give the City reasonable advance notice before any relocation of the Replacement Inventory and provided further that the location of the Replacement Inventory shall be accessible at all times to appropriate City personnel for the purposes described in this Agreement. The Community Alliance shall bear any and all costs and losses incurred due to any failure or refusal of any manufacturer of the Specialty Features and Materials to continue to manufacture or supply such items to the Replacement Inventory. 2 e. Maintenance of Specialty Features and Materials. i. In connection with its review of the design of any Specialty Features and Materials, the City Engineer shall determine in his or her sole discretion whether the City will maintain the Specialty Features and Materials itself or require that the Community Alliance do so. ii. In all cases where the City Engineer determines that Developer shall maintain, repair and replace certain Specialty Features and Materials that will be located within City right-of-way, the City hereby grants to Developer, its successors and assigns, a license to enter upon all applicable dedicated right of way and easement areas to the extent reasonably necessary to effect such maintenance, repair and replacement, subject to the terms of this Agreement, which license shall remain effective until this Agreement is terminated (if ever) in accordance with Section 17 below. Developer shall provide the City with not less than five (5) business days notice of its intended activities before entering upon any dedicated right-of-way in connection with such license, except that, in the case of an emergency presenting a threat to public health or safety (if Developer determines that it should act to address such emergency, which it shall not be obligated to do), Developer shall only be required to give such notice as early as reasonably possible under the circumstances and shall not be required to give such notice before taking action to address such emergency; provided, however, that nothing in this Subsection (e) shall excuse Developer from repairing any damage or correcting any other condition it may cause in taking action to address such emergency. iii. In all cases where Specialty Features and Materials are to be attached to City-standard components, or vice versa (including by way of example only, where a City-standard street sign is to be attached to a non-standard pole), and the City Engineer determines that such Specialty Features and Materials are to be maintained by Developer, the City shall retain all responsibility for all maintenance, repair and replacement of the City-standard component and Developer shall have no responsibility to maintain, repair or replace the City-standard component. Notwithstanding the foregoing, Developer shall have the right to undertake minor maintenance and repair of City-standard component (including without limitation cleaning, painting, or tightening or remounting loose or fallen fixtures, etc.) from time to time without having, or thereby incurring, any obligation to do so. iv. In all cases where the City Engineer determines that the City shall maintain, repair and replace certain Specialty Features and Materials, the Community Alliance shall be required to pay to the City on an annual basis the additional cost, if any, incurred by the City to perform maintenance or repair of the relevant Specialty Features and Materials in the public streets that exceeed the amount the City would have incurred to perform maintenance or repair of standard poles, lighting, signage and paving materials. V. In all cases where the City Engineer determines that the City shall maintain, repair and replace certain Specialty Features and Materials, if Developer gives 3 notice to the City that maintenance, repair or replacement of any Specialty Features and Materials is necessary, the City shall, at a minimum, respond with notice to Developer within ten (10) business days advising whether or when the City intends to undertake such maintenance,repair or replacement. f. Correction of Defects. Notwithstanding that the City has approved of the use of the Specialty Features and Materials on the Property, if it is proven that the design, installation or manufacture of any of the Specialty Features and Materials is defective or causes either or both the Developer or the City potentially to be subject to greater future liability or risk of liability to third parties, then, upon request, Developer and the City shall confer and reach a mutually acceptable means to address the design,'installation or manufacture concern within a reasonably prompt period of time. 3. Arterial Median Landscaping. As used herein, the term "Arterial Median Landscapinjz" means the landscaping within medians located in those portions of Ironwood Drive, Ray Avenue, Idaho Road, and Elliot Road adjacent to the Community, and Blossom Rock Trail and Warner Road through the Community. a. Developer shall design and install the Arterial Median Landscaping, at Developer's expense, subject to ordinary City approval,permitting and acceptance processes and the terms of the DA. Developer and the City acknowledge that Developer intends that the Arterial Median Landscaping will be enhanced in certain respects (which may include, for example, greater size and/or density of plant materials, different plant palettes, and heavier or more frequent watering) as compared to the City-standard landscaping found in other arterial medians. b. Upon completion and acceptance of all or any portion of the Arterial Median Landscaping, the Commnuity Alliance shall thereafter maintain the accepted Arterial Median Landscaping, subject to obtaining from the City an annual right-of-way landscape maintenance permit. 4. Open Space; Public Parks. As used in this Section 4, (i) the term Public Parks" means any and all parks or other open space areas in the Development that are conveyed to the City for public use, and (ii) the term "Public Park Improvements" means any and all improvements located within the Public Parks. The location of the Public Parks within Phase 1 of the Development, as well as private parks in Phase 1, are shown in Exhibit C attached hereto a. The Community Alliance shall be responsible for maintaining all parks and common area open spaces within the Development, including the Public Parks. Except with respect to costs associated with Public Parks, the cost of such maintenance shall be paid by the Community Alliance. With respect to Public Parks, the cost of such maintenance shall paid initially by the Community Alliance, subject to partial reimbursement of such costs by the City, as set forth in Subsection 4(c) below. Developer and the City acknowledge that the Public Park Improvements will be built in phases and that Developer intends that the Park Improvements, in some phases, will include Specialty Features and Materials and otherwise will include 4 landscaping and other improvements that are enhanced in certain respects as compared to the standard improvements found in other City parks. b. As part of the approval process for each phase of the Public Parks, Devloper will provide the City's Parks Department 30%/60%/90% design plans for review and collaborate to determine which improvements in such phase are City-standard and which are Specialty Features and Materials. C. In the case of City-standard improvements within the Public Parks, maintenance shall be conducted in accordance with mutually agreed upon specifications ("Standard Park Maintenance"). In the case of Specialty Features and Materials, as part of the approval process for each phase of the Public Parks, the City's Parks Department and the Community Alliance will collaborate to develop a set of maintenance specifications for Specialty Features and Materials ("Specialty Park Maintenance"). Prior to the development of each phase of the Public Parks, the City, Developer and the Community Alliance shall: (i) prepare an assessment of proposed improvements and designate whether such improvements are deemed to require Specialty Park Maintenance or Standard Park Maintenance; and (ii) shall attach to this Agreement an Addendum approved by the Parties, describing the Specialty Features and Materials located in such phase and indicating resulting responsibilities for maintenance and costs of maintenance. d. The Community Alliance initially shall pay for the cost to maintain the Park Improvements, and, except as set forth in any mutually agreed Addendum to this Agreement, the City shall reimburse the Community Alliance for such costs, up to a maximum reimbursement of$12,485 per acre of public park space per year (adjusted for inflation based on increases in the Consumer Price Index for All Urban Consumers, U.S. City Average, published by the United States Department of Commerce). No later than ninety (90) calendar days after the expiration of each fiscal year during the term of this Agreement, the Community Alliance shall send to the City a statement of the amount payable by the City under this Section 4 for the preceding fiscal year, including a statement of both the costs of Standard Park Maintenance and the costs of Specialty Park Maintenance, accompanied by a reasonably detailing accounting of such costs (collectively, the "Annual Park Cost Report"). In the case of Park Improvements accepted by the City during the preceding fiscal year,the payment by the City for such year shall be prorated based on the date of acceptance. The City may make such payment without prejudice to its rights under this Subsection 4(c). The City shall have sixty (60) calendar days after its receipt of Annual Park Cost Report to notify the Community Alliance of any objections to the Annual Park Cost Report. If the City timely gives notice of such objections within thirty (30) calendar days of the 60th day deadline noted above, and if the Parties do not resolve the matter by negotiation within thirty (30) calendar days after such notice is given, then the matter shall be resolved in accordance with Section 13 below. Until such objections are resolved pursuant to the foregoing process, the City shall make annual payments to the Community Alliance in an amount equal to the prior annual payment. Notwithstanding anything to the contrary in this Section 4, the City shall pay any and all undisputed amounts set forth in the Annual Park Cost Report on a timely basis, and only the disputed amounts shall be subject to the dispute resolution procedures under this Agreement. The Community Alliance agrees to bid all maintenance contracts for the Public Parks in a manner that satisfies appliocable public bidding 5 processes, and in a manner that allocates the costs of maintaining the Public Parks separately from the costs of maintaining other landscaped areas not within the Public Parks. Notwithstanding the above, the City's reimbursement obligation is subject to City Council appropriation of maintenance funds on a fiscal year basis. e. All landscaping within common areas and Public Parks in the Community, and all parkway trees (i.e., trees that are located between streetside curbs parallel sidewalks within a homeowner's front yard) will be irrigated with "non-potable water" through the Community's lake system. f. To the extent that this Section 4 requires Developer or the Community Alliance to enter upon City-owned property to conduct maintenance, the City hereby grants a temporary maintenance license to Developer and the Community Alliance for such purposes. 5. Drainage Crossing_under Public Streets. Developer shall be responsible for keeping drainage pipes and culverts running beneath City right-of-way with the Development free from debris and other materials that impeded the proper flow of stormwater through such pipes and culverts. The City shall provide Developer with any necessary license or easement to enable Developer to enter upon the right-of-way in connection with such maintenance. If Developer's failure to maintain such pipes and culverts results in any damage to other City improvements, Developer also shall repair such other City improvements within thirty (30) calendar days upon notice from City for such repair, provided that if such repair is not capable of being completed within thirty (30) days then Developer shall commence the repair within said thirty (30)period and shall thereafter diligently pursue such repir to completion. 6. Maintenance of Sidewalks and Landscaping within Public Utility and Facilities Easements. The Parties acknowledge that Developer intends to install (or require third party homebuilders to install) sidewalks and landscaping improvements within areas that are subject to public facilities and utilities easements benefitting the City. Maintenance of the landscaping improvements shall be the responsibility of the owner of the underlying real property, at such owner's expense, except to the extent that such maintenance is the responsibility of the Community Alliance or the Residential Association (as defined in Section 30 below) as may be set forth in any document now or hereafter recorded. Maintenance of the sidewalks shall be the responsibility of the Community Alliance. 7. Maintenance of Certain Non-Standard Street Improvements. Developer and the City acknowledge that Developer's design for some streets in the Community will include "hammerheads" and other non-standard configurations that include areas that may not be able to be swept with City street sweeping vehicles. Accordingly, Developer agree that any areas within such non-standard configurations that cannot be swept with City street sweeping vehicles will be swept by Developer on a periodic basis, so as to achieve a degree of cleanliness comparable to the areas that are swept by the City. 8. Maintenance of Private Street Improvements. Developer and the City acknowledge that some streets in the Community will be private. Maintenance of the private 6 streets shall be the responsibility of the Community Alliance at the Community Alliance's expense. 9. Maintenance of City Utility Improvements within Private Streets. Developer and the City acknowledge that some streets in the Community will be private, but may have public water, sewer and storm drain utilities. Maintenance of the City utilities shall be the responsibility of the City at the City's expense. In the event the City removes or damages any private street improvements while performing maintenance on the City utility improvements, the City shall be responsible for repairing and restoring the private street improvements at the City's cost. 10. Maintenance Standards. All maintenance, repair or replacement work required or permitted to be performed by or on behalf of Developer (including by its employees, agents and contractors) will comply with the requirements of applicable City, state and federal standards then in effect for work done in, on or about a public street or a public park (as applicable), including all applicable procedures regarding safety and regarding minimizing any inconvenience to the public. 11. Intentionally Omitted. 12. City Maintenance Authority. a. The City reserves its existing authority to undertake any maintenance, repair or replacement of the Park Improvements and the Specialty Features and Materials, including without limitation any maintenance, repair or replacement that is: (a) required, in the reasonable opinion of the City Manager, or designee,to address an emergency or threat to public safety, in which event no notice or opportunity to cure is required; or (b) otherwise appropriate under applicable City standards, subject to notice and cure as provided in Section 18 below. To the extent that the City does not already have the authority to undertake the foregoing maintenance, repair or replacement of the Park Improvements and the Specialty Features and Materials,Developer here grants such authority to the City. b. If the City determines that Developer has failed to perform maintenance, repair or replacement of any Park Improvements or Specialty Features and Materials that is appropriate under the terms of this Agreement (other than to address an emergency or threat to public safety, in which event no notice or opportunity to cure is required), the City shall give Developer not less than five (5) business days' written notice of such determination and Developer shall have until the end of such five (5) business day period to undertake such maintenance, repair or replacement before the City may exercise the remedies provided in Section 17 below. C. In any case in which the City undertakes any maintenance, repair or replacement of any Specialty Features and Materials, the City shall use replacement parts stockpiled in the Replacement Inventory, except: (i) where the supply of relevant replacement parts in the Replacement Inventory is insufficient, the City may use City-standard replacement parts from the City's own inventory; or (ii) where the City determines that an emergency or 7 threat to public safety dictates that City-standard replacement parts from the City's own inventory be used,the City may do so. If replacement parts from the City's inventory are used in connection with the maintenance, repair or replacement of any Specialty Features and Materials, Developer may later replace such City-standard parts with parts from the Replacement Inventory, and return such City-standard parts to the City's inventory; provided that such City- standard parts shall be returned in substantially the same condition as when such parts were installed by the City, subject to ordinary wear and tear. If Developer or its contractor damages any such City-standard part before returning it to the City, Developer shall be responsible for the cost of repairing such damage or, if necessary, replacing such part. 13. Dispute Resolution. All claims, disputes and other contested matters between the Parties arising out of or relating to this Agreement or the breach thereof, shall be addressed in accordance with Section 6 of the DA. 14. Effectiveness. This Agreement shall be effective immediately upon its execution by the Parties. 15. Term. The rights and obligations set forth in this Agreement shall continue for twenty-five (25) years from the effective date of this Agreement, and shall be automatically renewed for successive renewal terms of fifteen (15) years each, unless, no sooner than one hundred eighty (180) calendar days and no later than sixty (60) calendar days before the end of the initial term or a renewal term (as applicable), either Party gives notice to the other that the rights and obligations set forth under this Agreement shall be terminated at the end of such initial or renewal term. Before the effective date of any such termination, the City shall elect (and give notice to Developer of its election) whether to assume responsibility for all maintenance, repair and replacement of the Specialty Features and Materials, provided that (if the City elects to assume such responsibility)the City's responsibility shall be limited to maintaining and repairing all such Specialty Features and Materials in accordance with prevailing City standards and replacing any or all such Specialty Features and Materials (as and when the City deems appropriate) with City-standard facilities. If the City elects not to assume such responsibility, then Developer shall be responsible for the cost of replacing the Specialty Features and Materials with City-standard facilities. 16. Running of Benefits and Burdens; Assignment. All provisions of this Agreement, including the benefits and burdens, are binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto. Notwithstanding the foregoing, the Parties agree that the ongoing ownership, operation and maintenance obligations of Developer may be assigned only as follows: (a) pursuant to an assignment of some or all of such obligations to the Community Alliance, or one or more other property owners' association(s) established by Developer; (b) pursuant to a partial assignment of obligations pertaining to the Arterial Median Landscaping to a community facilities district established for purposes that include maintenance of public roadways; (c) pursuant to a partial assignment of obligations pertaining to Specialty Features and Materials to a developer of land within the Community or to a property owners' association established by such developer; or (d) as part of a complete assignment, from Developer to a successor master developer, of all unassigned rights and obligations of Developer under this Agreement and under the DA. In all such cases, Developer agrees to provide the City 8 with written notice of any assignment of all or any rights and obligations of Developer within ninety (90) calendar days following such assignment, which shall include the assignee's commitment to pay and perform the applicable obligations of Developer under this Agreement. Upon compliance with the foregoing, including the City's receipt of the above-referenced notice, Developer's liabilities under this Agreement shall terminate as to the obligations assigned. Except as set forth in this Section 16, no Parry may assign any of its rights under this Agreement without the prior written consent of the other Party. By its signature below, the Community Alliance agrees to accept any assignment(s) by Developer of any or all obligations of Developer under this Agreement,pursuant to this Section 16. 17. Default; Dispute Resolution. If any Party fails to perform any of its obligations under this Agreement, any other Party may give the non-performing Party not less than five (5) business days notice of and opportunity to cure the failure. If the non-performing Parry fails to cure the failure within said period of time, the other Party(ies) may require that Developer (and/or the Community Alliance) and the City Manager of the City of Apache Junction, or designee, confer and use their reasonable best efforts to resolve the dispute. If the dispute cannot be resolved to the mutual satisfaction of the Parties, the Parties may seek any remedy, legal or equitable, available pursuant to Section 13 above, the Parties agreeing that specific performance shall be available as a remedy in such event. Notwithstanding the foregoing, however, any action seeking specific performance of a Party's maintenance or repair obligations under this Agreement shall be limited to such remedy and may not also include a prayer for monetary damages. 18. Notices. Except as otherwise required by law, any notice, demand or other communication required or permitted under this Agreement shall be in writing and shall be: (a) sent by United States mail, certified or registered, return receipt requested, postage prepaid; or (b) sent by any nationally recognized express or overnight delivery service (e.g., Federal Express or UPS), with all postage and other delivery charges prepaid. Each Parry shall be entitled to change its address for notices from time to time by delivering to the other Parties notice thereof in the manner provided under this Section 18. All notices shall be sent to each Parry at the address set forth following its name below: To City: City of Apache Junction 300 Superstition Boulevard Apache Junction, Arizona 85119 Attention: City Manager With a copy to: City of Apache Junction 300 Superstition Boulevard Apache Junction, Arizona 85119 Attn: City Attorney 9 To Developer: Brookfield ASLD 8500 LLC c/o Brookfield Arizona Management LLC Attention: Eric J. Tune 14646 Kierland Boulevard Suite 270 Scottsdale, Arizona 85254 With a copy to: Gordon E. Hunt, Esq. Biskind,Hunt& Semro,PLC 8901 E. Pima Center Pkwy. Suite 155 Scottsdale, Arizona 85258 To the Community Alliance: Blossom Rock Community Alliance, Inc. c/o DMB Community Life Inc. 7600 E. Doubletree Ranch Rd. Suite 250 Scottsdale, Arizona 85258 Attn: Chadwick Reed Any notice sent by United States Postal Service certified or registered mail shall be deemed to be effective the earlier of the actual delivery, or three (3) business days after deposit in a post office operated by the United States Postal Service. Any notice sent by a recognized national overnight delivery service shall be deemed effective one (1)business day after deposit with such service. 19. Further Assurances. Each Parry shall execute, acknowledge and deliver to the other such other documents, and shall take such other actions, as the other may reasonably request in order to carry out the intent and purposes of this Agreement. 20. Headings. The headings in this Agreement are for reference only and shall not limit or define the meaning of any provision of this Agreement. 21. Time of Essence. Time is of the essence of this Agreement. The foregoing to the contrary notwithstanding, if this Agreement requires any act to be done or action to be taken on a date that falls on a Saturday, Sunday or legal holiday, such act or action shall be deemed to have been timely done or taken if done or taken on the next succeeding day that is not a Saturday, Sunday or legal holiday. 22. Waiver. The waiver by any Party of any right granted under this Agreement shall not be deemed a waiver of any other right granted hereunder, nor shall the same be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. 23. Entire Agreement. This Agreement and any attachments represent the entire agreement between the Parties and supersede all prior negotiations, representations or agreements, either express or implied, written or oral; provided that nothing in this Agreement 10 supersedes the DA. 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. 24. Amendment. This Agreement may not be altered or amended except pursuant to an instrument in writing signed by all of the Parties hereto. 25. Construction. This Agreement is the result of negotiations between the Parties. Accordingly, the terms and provisions of this Agreement shall be construed in accordance with their usual and customary meanings, and the Parties hereby waive the application of any rule or law that otherwise might require the construction of this Agreement against the Parry who (or whose attorney)prepared the executed Agreement. 26. Governing Law and Attorney Fees and Costs. 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 Parry 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 substantially prevailing Parry in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees (inclusive of professional services/meals/lodging/transportation), court costs, and transcript fees. 27. Prohibition to Contract with Developer Who Engages 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 Developers who engage in boycotts of the State of Israel. Should Developer 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. 28. Conflict of Interest Statute. This Agreement is subject to, and may be terminated by City in accordance with,the provisions of A.R.S. § 38-511. 29. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one in the same instrument, which instrument shall be deemed fully executed when one or more counterparts have been executed by each of the Parties. 30. Satisfaction of DA Requirements. This Agreement, together with all Addendums contemplated by this Agreement, shall be deemed to satisfy in full the obligations of the Parties to enter into the maintenance agreements pursuant to Section 4.7.13.2 of the DA (the "DA 11 Maintenance Agreement Obligations"). As and when this Agreement is amended or when supplemented to include provisions specific to new Development Units or portions of new Development Units, the amendment or supplement shall be deemed to satisfy in full the DA Maintenance Agreement Obligations insofar as they apply to the applicable new Development Units or portions of new Development Units. In the event of any conflict between the terms of this Agreement (and/or the terms of any amendment or supplement to this Agreement) and the terms of the DA, the terms of this Agreement (or the amendment or supplement to this Agreement) shall govern. 31. Action by Residential Association. The City agrees that if Blossom Rock Residential Association, Inc., a non-profit corporation (the "Residential Association"), or an owner of private land within the Development (an "Owner") properly pays or performs any obligation of Developer or the Community Alliance under this Agreement, the City will accept such payment: or performance, provided that accepting performance from the Residential Association or an Owner shall not be deemed to waive of any rights against Developer or the Community Alliance for any failure to pay or perform any other obligation under this Agreement. IN WITNESS WHEREOF, the Parties have executed this instrument as of the date first written above. THE CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Vde Name: Title: f��AYn T �Q �lu�,c hen BROOKFIELD ASLD 8500 LLC, a Delaware limited liability By: Brookfield Residential (Arizona)LLC, a Delaware limited liability company, its Manager By: Name: Keq 2r- S Its: o c c_ 'Pr e-S po6,. , By: zi��7 Name: r-g« 3. -ra oe Its: V,a 12 BLOSSOM ROCK COMMUNITY ALLIANCE, INC., an Arizona non- ,ofit corporation By: Name: Its: to%zNsT- 13 STATE OF ARIZONA ) ss. County of�i a.A ) The foregoing instrument was acknowledged before me this 17 day of , 2023, by Ul$er"(_b;P` Wilson , the R4,/(jZ of THE CITY OF APACHE JUNCTION, an Arizona municipal corporation, on behalf of the municipal corporation. OFFICIAL SEAL Jennifer D Pena NOTARY PUBLIC-ARIZONALA �w w Nlaricopa County COMM# 578749 ay Cow.tares.Nov 18,2023 Votary Public My xpires: STATE OF ARIZONA ) ) ss. County of'0\(Ay-;(,�n� ) The foregoing instrument was acknowledged before me this Q,day of_DtCervl e� , 2022, by 9— �D. 711 S the ice 4�r-c' ,� ,-� and Era- "$ . 7krLe 0 the V k o��� �.e^,,,fi , of BROOKFIELD ASLD 8500 LLC, a Delaware limited liability, on behalf thereof. NotaVy Public My Commission Expires: U HOLLY A CREA Notary Public.State of Arizona Maricope County Commission#568279 STATE OF ARIZONA ) My Commission Expires Joe August 18, 2023 ss. County of ) The foregoing instrument was acknowledged before me this 'ay-kay oft Irvb{�r, 2022, by Er11'C, _ -TLt� , the ��-rS; -� of BLOSSOM ROCK COMMUNITY ALLIANCE, INC., an Arizona non' -profit corporation, on behalf of the non- profit corporation. NoYary Public My Commission Expires: )�,Vau5�- HOLLY A CREA p Notary Public.State of Arizona t: +; Maricopa County Commission#568279 My Commission Expires 14 t� August 1a. 2023 ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: 12•S•22 R. Joel Stern City Attorney 15 EXHIBIT A [see attached, map of Blossom Rock, which is preliminary and conceptual and subject to change] THE CHASSIS PLAN VERSION 2.0 ■ COMMERCIAL O 1/4 MILE.5 MINUTES WALKING DISTANCE �% O• ' NORTH DISTRICT 1/2 MILE.10 MINUTES WALKING DISTANCE O• LINEAR PARK 6 TRAILS VS SPINE ROAD f i J • : .� .off➢POTENTIAL FIRE STATION CENTRAL DISTRICT,.�' - I ' � O•�� �,� "" � FLOODWAY CHANNEL r,.%�;. •O _ } 4-7 NEIGHBORHOOD PARK s w' • '{ "� POTENTIAL SCHOOL -, � j 4z SOUTH DISTRICT DISTRICT PARK • f .,�.a «..,y.a.... S MIXED USE ® �: fl O � • k son Es Brookfield SUPERSTITION VISTAS SWABACK2 Residential `�� °°"° "°""ef EXHIBIT B Properties Included within Community Maintenance Agreement (as of October 31,2022) Final Pµiat' Pena County Reco �daton Number Final Plat for Infrastructure for Superstition Vistas Development 2022-084915 Unit 2—Ray Avenue Phase 1 Final Plat for Infrastructure for Superstition Vistas Development 2022-084916 Units 1 and 2—Ironwood Drive Phases 1 and 2 Final Plat for Infrastructure for Superstition Vistas Development 2022-084917 Unit 2—Blossom Rock Trail Phase 1 Final Plat for Blossom Rock Phase 1 2022-084918 Final Plat for Blossom Rock Phase 2 2022-084919 EXHIBIT C [see attached] PHASE 1 I IJPA ��� �\ • Y�� \ I i, - ,.•' \ dry , '�v w � � �"� � � l i i .I. - - '_, \'`• �. may, ¢`\ \l \� V 1f \ LEGEND V . PRIVATE ® PUBLIC LF=j-- It- --- MU-1"-500' , ' !! ! 07.1010YE I , a Brookfield BLOSSOM ROCK Residential PHASE 1 &2 PUBLIC/PRIVATE OPEN SPACES `��SWA,-pt-- PHASE 2 �.\ -- r' -- - - - ------------ LEGEND ® PRIVATE PUBLIC f - I 07.192022 Brookfield BLOSSOM ROCK Residential PHASE 1 &2 PUBLIC/PRIVATE OPEN SPACES `��SWAB'PA­CK- FIRST AMENDMENT TO COMMUNITY MAINTENANCE AGREEMENT THIS FIRST AMENDMENT is made and entered into this day of May 2026, ("the Execution Date") by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), BROOKFIELD ASLD 8500 LLC, a Delaware limited liability company ("Developer") and BLOSSOM ROCK COMMUNITY ALLIANCE, INC., an Arizona nonprofit corporation (the "Community Alliance"), all three collectively to be referred to as the "Parties" or individually as a "Party". RECITALS A. The Parties entered into an agreement for community maintenance (the "Agreement") on January 17'h, 2023 B. Since that time, additional phases of Ironwood Road, Ray Road, Warner Avenue, and Elliott Road, Idaho Road, and other minor public roadways have been constructed and the Parties wish to include in the Agreement. C. Because the coverage of the Agreement is being expanded, the Parties desire to modify Exhibits B and C as set forth in this First Amendment. 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: Exhibit B. PROPERTIES INCLUDED WITHIN MAINTENANCE AGREEMENT: The newly executed Exhibit B will list all properties included in the Agreement as of June 1, 2026, including the newly constructed phases. Exhibit C. The newly executed Exhibit C will depict a map of all public and private park spaces within the scope of this agreement as of June 1, 2026. Except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect until the Agreement is terminated. IN WITNESS WHEREOF, the Parties have caused this First Amendment to be signed by their duly authorized representatives as of the day and year first above written. BROOKFIELD ASLD 8500 LLC, a Delaware limited Ila ity By: Name: Its: Awe By: Name:—A-'>eA 'Mc.Dor4AL-Q_ Its: Au-xoanim Ssg;r mo" BLOSSOM ROCK COMMUNITY ALLIANCE, INC., an Arizona non-profit corporation By: Name: _ qU L L1L Ll Its: 4>gk_-�IUCIV7- CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal corporation By: Name: Walter "Chip"Wilson Its: Mayor ATTEST: Yvette McKinney City Clerk APPROVED AS TO FORM: 54 3-26 R. Joel Stern City Attorney 2 EXHIBIT B Properties Included within Community Maintenance Agreement (as of June 1, 2026) Final Plat Pinal County Recordation Number Final Plat for Infrastructure for Superstition Vistas 2022-084915 Development Unit 2-Ray Avenue Phase 1 Final Plat for Infrastructure for Superstition Vistas 2023-036172 Development Unit 2 - Ray Avenue Phase 2 Final Plat for Infrastructure for Superstition Vistas 2022-084916 Development Units 1 and 2 -- Ironwood Drive Phases 1 and 2 Final Plat for Infrastructure for Superstition Vistas 2023-023735 Development Units 1 and 2-Ironwood Drive Phase 3 Final Plat for Infrastructure for Superstition Vistas 2022-084917 Development Unit 2-Blossom Rock Trail Phase 1 Final Plat for Infrastructure for Superstition Vistas MOD 2025-099075 Development Unit 2-Blossom Rock Trail Phase 2 Final Plat for Blossom Rock Phase 1 2022-084918 Final Plat for Blossom Rock Phase 2 2022-084919 Final Plat for Blossom Rock Phase 3A 2025-099068 Final Plat for Blossom Rock Phase 3B 2025-099071 Final Plat for Blossom Rock Parcel 8 2025-028016 Final Plat for Infrastructure for Superstition Vistas 2024-061056 Development Unit 2-Idaho Rd. Phase 1 Final Plat for Infrastructure for Superstition Vistas MOD 2024-061054 Development Unit 2-Warner Ave. Phase 1 Final Plat for Infrastructure for Superstition Vistas MOD 2024-061058 Development Unit 2-Warner Ave. Phase 5 Final Plat for Infrastructure for Superstition Vistas MOO 2024-060155 Development Unit 2 - Elliot Rd. Phase 1 EXHIBIT C Map of Public/Private Parks and Open Space as of June 1 202E LEGEND - PRIVATE Q PUBLIC ® PUBLIC ACCESS PRIVATE MAINTAINED i i•i o rii 3, •i•! ♦i i• o`T ♦•♦ 1 i••i . m ••!♦•+ i•r i•rii!•1 •••i�••••••�♦• •�•�i! • •�•! ♦ ♦♦ i• ♦ • • • • • •r +y I,*l.0SS0\1 IPublic/PrivatelBlossom Rock ��� IZOCK :... Open space Phase 1 �� LEGEND - PRIVATE PUBLIC - ® PUBLIC ACCESS PRIVATE MAINTAINED ®BUILDER LANDSCAPE 1 �rr • phi• ]1• ,•r �I♦ �r♦i i itl�f�f♦ � ♦r+ o a 4r •�. i A /♦tery. ,4 f f• • �i_�J,�is � • . • . . . VAD i31.OtiS()11 Public/Private BIosso I Rock RVi ROCK Open Space I Phase 2 �a�� LEGEND - PRIVATE Q PUBLIC ® PUBEIC ACCESS PRIVATE MAINTAINED © BUILDER LANDSCAPE 1 �•1� O rf•�~f IKI ♦�� ii 1♦� `� 1 I i � 1 J;I.OSSO\I Public/Private Blossom Rock RMROCK .::: ~• Open Space IPhase 3A / 3B LEGEND . PRIVATE ® PUBLIC ACCESS PRIVATE MAINTAINED tj J III!iflu, - 1 U BLOSSOM Public/Private Blossom Rock RMROCK ..... Open Space I P a r c e ! 8 �� . �a �Iz 4 - K - ir• _ _,__'�.'"�`�.'-"'-ed6R'61��.696�.iPxs'—l"v..'�Y.•"' _ -� c rt' l�l In Ij Blossom Rock Liz Langenbach Maintenance Agreement Update : Agreement Key .................. ........... COMMERCIAL takeaways = NORTH DISTRICT 1/4 MILE.5 MINUTES WALKING DISTANCE • 1/2 MILE.10 MINUTES WALKING DISTANCE : y : • Community Alliance maintains & LINEAR PARK 6 TRAILS ----==------------- - pays for private streets, sidewalks, o N/S SPINE ROAD - parks, and median landscaping, �.----_ 6 CENTRAL DISTRICT 0 among other specialty features POTENTIAL FIRE STATION FLOODWAY CHANNEL OO 8 - • • Community Alliance maintains - public parks/open space shares o cost with the City 3 ,� o_.___. NEIGHBORHOOD PARK - City maintains a I I major and minor . roadways (except private POTENTIAL SCHOOL SOUTH DISTRICT roads/driveways) DISTRICT PARK - MIXED USE OO • Agreement is amended as new - _% _ areas are developed and added "" ""' """""' ""� - t r} ' [ .• • dip First Amendment: 1 . Update Exhibit to list all newly expanded/added parcels • ' � � 12. Update • • depict updated site maps for Phase 1 , Phase 2, Phase 3a/3b, Z • • Phase S remain3. All other agreement items and Exhibits • • e• Next Steps wimp . . • Staff recommends approval of the First Amendment to the Community Maintenance , Agreement - - r • Based on council discussion , will ,�'��i � ,/y��!�'�;► �� i'.' , bring back for Consent Agenda D(.�,V ; PAO,� ,��,►,l at June 2nd Council Meeting '' Ow"ofAli rf � ,.� 1 `� .-rirr�i��Q ��gn n6�/�rra?�i�'"� �, �.1¢�� IY� ir. �✓4r..- � �I ;P@� ,�� ' r y y Y !�F ` J ffi 3` ON �fr � F d.� i � dV •I �f 11./� — :. PA,U., 1 FAR , • : 1 7i f �,•! � r r�,r � �., � 1 i.. ,{'��.. 4!/ TTT a �- �f �► �� . :� _ rig QUESTIONS? ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 7. 'Piz File ID: 26-288 Sponsor: Chip Wilson Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 512812026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 26-289 Sponsor: Bryant Powell Agenda Date: 6/2/2026 Index: In Control: City Council Meeting City Manager's Report City of Apache Junction,Arizona Page 1 Printed on 512812026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 9. PizoNr File ID: 26-282 Sponsor: Nicholas Leftwich Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of the Request for Continuance of case P-26-4-PZ to July 21, 2026. City of Apache Junction,Arizona Page 1 Printed on 512812026 O� PQACHf✓GZ0 f 4 z City of Apache Junction Development Services Department VA '9R/ZONP DATE : June 2, 2026 MEMO TO: Apache Junction City Council THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director FROM: Nicholas Leftwich, Principal Planner SUBJECT: Continuance of Case P-26-4-PZ "Banyan Apartments" to a later date . Representing their client, Banyan Residential, LLC, Snell & Wilmer LLP has requested to continue the scheduled public hearings for Case P-26-4-PZ to later dates, as identified below. The applicant noted that they have requested this additional time to implement design changes to the proposed development plan to address the parking ratio concerns noted by staff. Staff respectfully requests that the public hearings be continued to: Planning and Zoning Commission meeting of Tuesday, June 23, 2026; City Council Meeting of Tuesday, July 21, 2026 . Prepared by Nicholas Leftwich Principal Planner Planning&Zoning-Building&Safety-Revenue Development 300 E.Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 CityApacheof Junction City Councit June 2 2026 M� t fit Elf X,4 LA ladL LIU RIF ' I �7 0 1 h In 4ml Am mom job 'A or to JA dr•a _ � � t�a��- • • Request to Continue Case Pm26M mpz to : City Council Public Hearing : Tuesday , July 21 , 2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. Piz File ID: 26-303 Sponsor: Hudson Meyer Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of the Request for Continuance of case P-26-6-PZ to June 16th, 2026. City of Apache Junction,Arizona Page 1 Printed on 512812026 O� PQACHf✓GZ0 f 4 . yz City of Apache Junction Development Services Department VA '9RIZONP DATE: June 2, 2026 MEMO TO: Apache Junction Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director FROM: Hudson Meyer, Associate Planner SUBJECT: Continuance of P-26-6-PZ . To ensure full compliance with all applicable Public Notification requirements, the applicant formally requests a continuance of the public hearings associated with case P-26- 6-PZ . This request will allow sufficient time to meet all notice obligations and ensure that all interested parties are properly informed. Accordingly, staff respectfully recommends that the public hearing be rescheduled to the following date : City Council meeting on June 16, 2026 . This continuance will help maintain transparency in the review process and provide the public with adequate opportunity to participate. Prepared by Hudson Meyer Associate Planner Planning&Zoning-Building&Safety-Revenue Development 300 E.Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _1 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. 'Piz File ID: 26-290 Sponsor: Mike Loggins Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Presentation, discussion, and possible consideration of Resolution No. 26-29 authorizing the city to enter into an Intergovernmental Agreement (IGA)Amendment No. 1 with Pinal County Community College District (CAC)to allow the City to design and construct a stormwater retention facility and be reimbursed by CAC in an amount not to exceed $1,800,000.00. City of Apache Junction,Arizona Page 1 Printed on 512812026 FIRST AMENDMENT TO INTERGOVERNMENTAL/DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY COMMUNITY COLLEGE DISTRICT THIS AMENDMENT is made and entered into this day of , 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and PINAL COUNTY COMMUNITY COLLEGE DISTRICT dbaCENTRAL ARIZONA COLLEGE, a public education institution of the State of Arizona ("CAC"). City and CAC are sometimes referred to collectively as "Parties" or individually as a "Party." RECITALS A. The Parties entered into the Intergovernmental/Development Agreement ("IGA") on March 13, 2010. B. CAC did not complete certain Private Infrastructure Improvements as obligated under the IGA. C. The Parties desire completion of certain Private Infrastructure Improvements whereby City will complete them with CAC reimbursing City for the work. AGREEMENT NOW THEREFORE, in consideration of the mutual promises expressed in this Amendment, 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 4 entitled "City's Obligations" is hereby amended by adding the following subsection (d) to the Section: d. Design and construct a twelve (12) acre-foot stormwater retention basin as shown on Exhibit A-1." B. Section 5 entitled "CAC's Obligations" is hereby amended by adding the following subsection (f) to the Section: f. Reimburse City for all costs associated with the design and construction of the stormwater retention basin within three (3) years after completion of the stormwater retention basin. The Parties understand that the expected cost of the stormwater retention basin is and will not exceed One Million Eight Hundred Thousand Dollars and No Cents ($1,800,000.00). All such costs shall be certified by the City Engineer as actual costs due and payable based on Engineer Estimates after construction is completed. CAC will pay City an estimated Six Hundred Thousand Dollars and No Cents ($600,000.00) upon invoice from City on January 1st of each year from 2027 through and including 2029." C. New Exhibit A-1 entitled "Central Arizona College Palm Wash Project' is added. D. Exhibit D entitled "Public Infrastructure Improvements" is hereby amended by adding the following sentence to end of the Exhibit: I'Stormwater Retention Basin to accommodate twelve (12) acre-feet, as shown on the attachment, no later than December 31, 2026." E. Exhibit E entitled "Improvement Construction Timeline" is hereby amended by adding the following sentence to end of the Exhibit: "Stormwater Retention Basin to accommodate twelve (12) acre-feet. Completion Date: December 31, 2026." F. Exhibit F entitled "Private Infrastructure Improvements" is hereby amended by adding the following sentence to end of the Exhibit: "Design/construction of a twelve (12) acre-foot retention basin, as noted in the attachment, no later than December 31, 2026." Except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect until the Agreement expires or is terminated. [Signatures follow on next page] 2 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. CAC: PINAL COUNTY COMMUNITY COLLEGE DISTRICT dba CENTRAL ARIZONA COLLEGE, a public education institution of the State of Arizona By: + Its: o �csi CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor - ATTEST: Evie McKinney -S/ City Clerk �- - APPROVED AS TO FORM: 4?9t -6-28-26 R. Joel Stern City Attorney 3 EXHIBIT A-1 S IDAHO RD c� .y a i I 0 �' � ° l ✓ i yr` IIt 13 PRIVATE-RD 11-GRADING& 11-6 O NG 6 s ' DRAINAGE PLAN 4 —— —— DRAINA 1 i 11 It tk_— soo•uo.._. wt•.c soiwo� so�.00 w.00_ - soswo soswo_�—�.-�, �•g -.sonwo,—� swoo _ ,• S WINCH9STER RDrn m ` m m- _ - - - -Lill G m < U4, n C 4 � C Q I /m § | 3 ° \ #`■ \ m — CD > z co } g m , \ H| q ¥ / 4! § \. � cn m - % § /§ � � 9 |! w j ;i � ) | �\ !| _ ) - �$ \ ■; ■ � < E 0 ! | ) § m / $ tr� _ || z } ■� 2 , o m a / 2 |, $ / \ $ \ z ,§ 2 > § % �| z , G ) ` M � c [,M m | q � m hig° ƒ� w� r p� i|,§ ! k §� ! §2 | ■ 'ref SfhD 5/Ii/]• �\..6,e,i\p[no\vKF`5\h/u w[•Ub.�t•MrrM,!Lwt Nd1YAIY� S I I I r-� � 1 I I W m I 4 y o l < I X I L I m p z m cn 1 a I z I c I z X m m - I 70 .f O r li o I I � Z a4 All I a A I A O ,r fi Z D g a t } i = F m m m � 9 m f I - z i� z r m ,s• !m a N t m z s L �R C - R � E � � - !• f -T ° a o MXVATM Q First Amendment to IGA between the City of Apache Junction &Central Arizona College Agenda Item 10 • Presentation, Discussion and possible Consideration of the First Amendment to Intergovernmental/Development Agreement between the City of Apache Junction and Pinal County Community College District First Amendment to IGA between the City of Apache Junction &Central Arizona College • Original IGA 2010 • Abandonment of Broadway right-of-way • Half street improvements along Winchester Road and Old West Highway • Underground power lines Winchester Road, Old West Highway and Broadway Avenue • Install traffic signal at Old West Highway and Winchester Road • Design and construct 5-acre retention basin • Design and construct internal CAC roadway • Design and construct 12-acre retention basin First Amendment to IGA between the City of Apache Junction &Central Arizona College • First Amendment to IGA 2026 • The City will design and construct 12-acre retention basin • Design cost approx. $300,000 • Construction cost approx. $1.5 million • CAC will reimburse the city over the next 3 years at $600,000 per year • The project will reduce flows in Palm Wash by 100 to 200 cfs t 1 t 7Kt�A W�Sa _ t I I - - - - - 9ftcx*439ww ism -.w 7. E _p 9T►,AVF � y o CEM e +UT wv! Or z . f � I - ► L -- 1 � 1 - t City of Apache Junction and Rummel Construction, Inc . Construction Agreement Agenda Item 11 • Presentation , Discussion and possible Consideration of the Construction Agreement between the City of Apache Junction and Rummel Construction,, Inc . City of Apache Junction and Rummel Construction, Inc . Construction Agreement • Rummel Construction will build 12-acre retention basin and channel • Staff is recommending approval for $1.5 million • The City will be utilizing the County of Mohave JOC Earthworks and Channel Maintenance contract 20PS19-05 City of Apache Junction and Burgess & Nipple On Call Contract • Burgess & Nipple will design 12-acre retention basin and channel • Scope and Fee approx. $300,000 The Public Works Department Frrr,pr ion L Quest ' s Thank You 8 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _1 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. 'Piz File ID: 26-291 Sponsor: Mike Loggins Agenda Date: 6/2/2026 Index: In Control: City Council Meeting Presentation, discussion, and possible consideration of approval of award of contract to Rummel Construction, Inc. for Central Arizona College Palm Wash Detention Basin construction, located at 805 South Idaho Road, Apache Junction, AZ, in an amount not to exceed $1,447,698.07. City of Apache Junction,Arizona Page 1 Printed on 512812026 CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND RUMMEL CONSTRUCTION, INC. FOR PROJECT: PW# HFE24-24C CAC PALM WASH DETENTION BASIN 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 Rummel Construction, Inc., an Arizona corporation ("Contractor"), sometimes collectively referred to as the "Parties" or individually as a "Party". RECITALS A. City requires certain construction services in connection with in CAC Palm Wash Detention Basin (the "Project"). B. Contractor asserts its willingness, ability and qualifications to provide the labor, materials, equipment and services (the "Work") called for in CAC Palm Wash Detention Basin HFE24-24 and Contractor's Estimate dated March 26, 2026 (collectively, the "Contract Documents"), or as more fully described in Exhibit A. C. For purposes of this Agreement, the "Contract" shall include the general requirements of both this Agreement and the Contract Documents. D. City and Contractor desire to set forth their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. E. 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, or such work is categorically exempt from such process. F. The pricing terms of the County of Mohave JOC Earthworks and Channel Maintenance contract no. 20PS19-05, a copy which is on file with the Public Works Director shall govern this Agreement, however, this Agreement shall control all other terms and conditions. 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. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in the Drainage Improvement Plans CAC Palm Wash Detention Basin HFE24-24 and Exhibit A and in accordance with and as more fully described in the Contract Documents including, but not limited to: A. Constructing drainage improvements at Central Arizona College Superstition Campus located at 805 South Idaho Road, Apache Junction, Arizona 85119. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in the Contract, 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. 2. COMPENSATION AND PAYMENTS: The total amount payable by the City to the Contractor is an amount not to exceed One Million Four Hundred Forty Seven Thousand Six Hundred Ninety Eight Dollars and Seven Cents ($1,447,698.07) (the "Contract Sum") for the performance of the Work under the Contract Documents, except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. 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 entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 3. TERM: The Term of this Agreement shall commence on June 2, 2026 and end on December 31, 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 Contractor. 2 4. CONTRACTOR'S STANDARD OF PERFORMANCE: The Work shall be performed by qualified professional construction contractors and suppliers licensed in Arizona, selected and paid by Contractor and acting in the interest of Contractor. While performing the Work, Contractor and its subcontractors 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 committed by Contractor or its subcontractors in the performance of the Work. 5. 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. Contractor warrants that materials and equipment incorporated in the Work will be new unless otherwise specified and approved by City. 6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that City will inspect the Work. 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 the Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. The Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 7. WARRANTY: Contractor shall guarantee the Work against defective labor, workmanship and/or materials for a period of one (1) year from the date of its final acceptance by City (the "Warranty Period"), 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 construction shall not be deemed an acceptance and Contractor will be required at its sole cost to correct defective work or materials before final acceptance. If City notifies Contractor of defective labor, workmanship, or materials during the Warranty Period, Contractor shall begin correcting the defect 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 warranty 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 3 acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the Contract. The warranties and guarantees provided in this Section 7 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. 8. TAXES: Contractor shall pay as they become due all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions of the Work 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. 9. PERMITS AND FEES: Unless otherwise provided in the Contract, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of the 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 understands that the activity described in the Contract 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 until the Work, including any Work during the Warranty Period, is accepted by the City. 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 consultants and subcontractors within the corporate city limits will invoke the same sales tax and business licensing regulations on the consultants and subcontractors, and Contractor shall require and ensure its consultants and subcontractors obtain and keep all applicable licenses current. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 10. INDEPENDENT CONTRACTOR: City and Contractor agree and understand that the relationship between the 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. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors 4 and their agents and employees and other persons providing any of the materials under any contract document. 11. 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 work is performed. 12. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule for the Project, which shall be maintained and updated during the construction of the Project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 13. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials and appointed officers, 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 Work under this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its elected officials and appointed officers, 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 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 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 expiration or termination of this Agreement. 5 14. 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. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of 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. 16. INSURANCE: Contractor, 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 the Work, including any Work during the Warranty Period, is accepted by the 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. 6 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 and Professional Liability, shall name City, its elected officials, agents, officers, and employees as Additional Insured Parties. Contractor shall expressly bind any subcontractors, or any other lower tier subcontractors, used in the performance of any aspect of the Work, to the insurance requirements in this Agreement, making such obligations applicable to the other subcontractor to the same extent as it is applicable to Contractor. The purpose of this provision is to require any lower tier subcontractor, regardless of level, to provide insurance and indemnity required by this Agreement. REQUIRED COVERAGE A. Commercial General Liability 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 Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work 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 Work. Coverage shall be on an occurrence basis with a limit of not less than $1,000,000 per 7 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 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, federal mandatory motor carrier safety ("MCS") 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. 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 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 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 Work, 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 8 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 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 elected officials, officers, agents, and employees are added as additional insured parties 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 the amounts required by this Agreement. 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. 17. CHANGE ORDERS: A change order is a written order from City to Contractor issued after execution of the Contract authorizing a change in the Work and setting forth the amount of the adjustment, if any, in the Contract Sum and the extent of the change, if any, in the Progress Schedule. Change Orders do not invalidate the Contract. Changes in the Work shall be performed under the applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including the adjustment in the Contract Sum and Progress Schedule or the method for determining them. 18. BINDING EFFECT, 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 the Contract. Neither Party 9 shall assign this Agreement or sublet it as a whole or delegate the duties under the 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. 19. 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. Notices shall be delivered to the following: If to City: City of Apache Junction Michael Loggins, Public Works Director 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Contractor: Rummel Construction, Inc. Michael Abert, Project Manager 7520 East Adobe Drive Scottsdale, AZ 85255 20. DAMAGES: Contractor shall be responsible for and promptly remedy any damage or loss of property caused in whole or in part by the Contractor, a subcontractor, or anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable and for which Contractor is responsible under the Contract, except where such damage or loss is directly attributable to the negligent acts or omissions of City or by anyone for whose acts City may be liable and not attributable to the fault or negligence of the Contractor. City shall make claims regarding all damage or loss to Contractor within a reasonable time after the first observance of such injury or damages. 21. PAYMENT AND 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 under the Contract. 22. SAFETY: Contractor shall take, and shall cause its employees, agents, officers, directors, consultants and subcontractors to take all reasonable precautions for the safety of and shall provide all reasonable protection to all persons and property at the Project site and all persons and property which may be affected by the performance of the Work. 23. RIGHTS AND REMEDIES: The duties and obligations and the rights and remedies available under the Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or 10 available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded to any of them under the Contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches under the Contract except as may be specifically agreed to by the Parties in writing. 24. 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, 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, consultants, 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 24 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. 25. TERMINATION: A. TERMINATION BY CITY: City may terminate this Agreement in whole or part if the city manager or his or her designee determines Contractor has failed to fulfill its obligations under the Contract through no fault of City. Such termination may be effected by City giving Contractor not less than ten (10) calendar days written notice by certified mail, return receipt requested of City's intent to terminate. Contractor shall have ten (10) calendar days to cure the failure to the satisfaction of City. City may terminate this Agreement or a portion thereof if conditions encountered during the progress of the Work make it impossible or impracticable to proceed with the Work. If City terminates this Agreement for reasons of default by Contractor, the amount of compensation 11 provided for in this Agreement shall be reduced to reflect the percentage of Work completed and the Contractor shall not be entitled to payment for anticipated profits or unperformed services. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this Agreement. 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. 26. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to the Contract 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. 27. ENTIRE AGREEMENT: This Agreement and any attachments and the Contract Documents 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 the Contract 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. 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 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. 12 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: The Contract 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. 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. 32. PROHIBITED USE OF FORCED LABOR. 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 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 32, 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 ninety (90) 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 ninety (90) day remedy period, this Agreement shall terminate automatically. 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 13 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, consultant 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 without effectuating an official amendment to this agreement. Email notification of the modification would be sufficient notice. [Signatures on following page] 14 IN WITNESS WHEREOF Contractor and City have executed this Agreement as of the date first set forth above. CONTRACTOR: RUMMEL CONSTRUCTION, INC., an Arizona corporation By: Its: CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Evie McKinney City Clerk APPROVED AS TO FORM: •2S 26 Richard J. Stern City Attorney 15 STATE OF ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20 , by as of Rummel Construction, Inc., an Arizona 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 , 20 , by Walter "Chip" Wilson as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires: 16 EXHIBIT A CONTRACT DOCUMENTS 17 0 Rummel Construction, Inc. Contract/Proposal No. 20267498004 General Engineering Contractor P.(480)222.9922,F.(480)222.9923 License No.ROC114845 A,ROC114846 B-04 7520 E.Adobe Drive•Scottsdale,AZ•85255 0�j TO: Apache Junction Water District PROJECT NAME: CAC Palm Wash Detention Basin 300 East Supersition Blvd,Bldg D LOCATION: Apache Junction,Arizona Apache Junction,AZ 85119 PLAN DATE: 60%Plans-Not for Construction EMAIL: Cbriggs(@apacheiunctionaz.gov Engineer: Burgess&Niple ATTN: Charles Briggs-Project Manager SOIL ENGINEER: Not Provided DATE: March 26,2026 REPORT DATE: Not Provided We propose to furnish all labor and material necessary to complete work as described per our unit prices. All work will be performed in accordance with the plans and specifications. Proposal of Work To Be Performed No. Description Quantity Unit Unit Price Extended Price General Conditions 10 MOBILIZATION 1.000 LS $11,508.38 $11,508.38 15 DUST PERMIT 1.000 LS $3,990.77 $3,990.77 20 CONSTRUCTION WATER 1.000 LS $35,964.74 $35,964.74 30 CONSTRUCTION SURVEY 1.000 LS $23,454.55 $23,454.55 40 QC TESTING 1.000 LS $19,205.61 $19,205.61 General Conditions Subtotal $94,124.05 Clear&Grub/Earthwork 50 CLEAR&GRUB 6.000 AC $1,995.58 $11,973.48 70 EXCAVATION 423.000 CY $13.07 $5,528.61 75 EXPORT 28,955.000 CY $25.82 $747,618.10 80 FINISH GRADE 29,783.000 SY $0.86 $25,613.38 Clear&Grub/Earthwork Subtotal $790,733.57 Removals 85 REMOVALS 1.000 LS $6,576.45 $6,576.45 Removals Subtotal $6,576.45 Erosion Protection 90 ANGULAR RIPRAP W/FABRIC D50=6" 1'THICKNESS 188.000 TON $135.14 $25,406.32 100 ANGULAR RIPRAP W/FABRIC D50=12'2.3'THICKNESS 193.000 TON $157.17 $30,333.81 110 GABION CHANNEL STABILIZATION STRUCTURE 40.000 CY $804.08 $32,163.20 120 FLEXAMAT TIED CONCRETE BLOCK MAT 562.000 SY $94.63 $53,182.06 Erosion Protection Subtotal $141,085.39 Storm Drain 140 18"RGRCP STORM DRAIN CLS III 72.000 LF $184.09 $13,254.48 150 18"RCP FLARED END STRUCTURE 2.000 EA $3,068.10 $6,136.20 160 42"RGRCP STORM DRAIN CLS III 120.000 LF $464.82 $55,778.40 Storm Drain Subtotal $75,169.08 Concrete 180 INSTALL MAG 535 INLET WITH ORIFICE HOLE 1.000 EA $10,144.63 $10,144.63 210 RIBBON CURB 60.000 LF $73.47 $4,408.20 220 OUTLET HEADWALL PER MAG DETAIL 501-3 1.000 EA $15,496.57 $15,496.57 230 INLET HEADWALL PER MAG DETAIL 501-3 1.000 EA $15,496.57 $15,496.57 240 CONCRETE CHANNEL 610.000 SY $122.82 $74,920.20 Concrete Subtotal $120,466.17 Pavin 260 R&R ASPHALT CONCRETE PAVEMENT MAG 710 31.000 SY $718.61 $22,276.91 Paving Subtotal $22,276.91 Electrical 270 RELOCATE ELECTRIAL CABINET 1.000 EA $5,516.41 $5,516.41 Electrical Subtotal $5,516.41 Mason Wall 280 SALVAGE&RECONSTRUCT WALL 1.000 EA $5,516.41 $5,516.41 Masonry Wall Subtotal $5,516.41 Offsite 18"Storm Drain 290 OFFSITE REMOVALS 1.000 LS $6,118.42 $6,118.42 300 OFFSITE CLEARING/TREE REMOVAL 2.000 EA $5,986.73 $11,973.46 310 18"RGRCP STORM DRAIN CLS III 329.000 LF $184.09 $60,565.61 320 INSTALL MANHOLE PER ADOT DETAIL C-18.10 4.000 EA $15,340.53 $61,362.12 330 SALVAGE AND REPLACE EXISTING LANDSCAPE ROCK 1.000 LS $13,691.21 $13,691.21 340 TRAFFIC CONTROL 1.000 LS $11,902.31 $11,902.31 350 OFFSITE PAVING 8.000 SY $2,099.50 $16,796.00 360 VERTICAL CURB ADOT DETAIL C-05.10 10.000 LF $201.40 $2,014.00 370 SIDEWALK ADOT DETAIL C-05.20 50.000 SF $36.21 $1,810.50 Alternate Offsite 18" Storm Drain Subtotal $186,233.63 380 SHOTCRETE CHANNEL 610.000 SY $131.97 $80,501.70 Bid Total: $1,447,698.07 Tax Included Project Total $1,447,698.07 � 1of2 � 0 Rummel Construction, Inc. Contract/Proposal No. 20267498004 General Engineering Contractor P.(480)222.9922,F.(480)222.9923 License No.ROC114845 A,ROC114846 B-04 7520 E.Adobe Drive•Scottsdale,AZ•85255 0�j TO: Apache Junction Water District PROJECT NAME: CAC Palm Wash Detention Basin 300 East Supersition Blvd,Bldg D LOCATION: Apache Junction,Arizona Apache Junction,AZ 85119 PLAN DATE: 60%Plans-Not for Construction EMAIL: Cbriggs(@apacheiunctionaz.goy Engineer: Burgess&Niple ATTN: Charles Briggs-Project Manager SOIL ENGINEER: Not Provided DATE: March 26,2026 REPORT DATE: Not Provided We propose to furnish all labor and material necessary to complete work as described per our unit prices. All work will be performed in accordance with the plans and specifications. Proposal of Work To Be Performed No. Description Quantity Unit Unit Price Extended Price This proposal is to become part of the contract. This proposal is subject to change if not accepted within 30 days of the date hereon. This proposal is conditioned upon the negotiation of terms and conditions of a mutually agreeable contract form setting forth the material terms and This proposal shall not be effective in the event that the Owner/Contractor seeks to have Rummel Construction defend and/or indemnify it or them Payment to be based on actual field-measured quantities unless otherwise stated. Monthly progress payments on completed work due 30 days after completion and Thank you for the opportunity to bid on this project. ACCEPTANCE OF CONTRACT/PROPOSAL The above prices,specifications and conditions on the front of this proposal are satisfactory and are hereby accepted,giving RUMMEL CONSTRUCTION authorization to complete work as specified.Funding verification and further payment terms to be established prior to starting work. OFFERER: Rummel Construction,Inc. OFFEREE: BY: Mike Abert ACCEPTED BY: TITLE: Project Manager TITLE: DATE: March 26,2026 DATE: � 2of2 � r CAC PALM WASH DETENTION BASIN EXHIBIT "A" EXCLUSIONS 1. IMPORT PURCHASE AND PROCESSING OF IMPORT 2. PERMITS 3. HANDLING AND/OR HAUL OFF OF UNSUITABLE MATERIAL 4. IDENTIFICATION AND HANDLING OF HAZARDOUS MATERIALS 5. SUBSURFACE REMOVALS 6. UTILITY CONFLICTS 7. HYDROSEEDING 8. LIME TREATMENT AND/OR SOIL CEMENT 9. EXCLUDES SIGNAGE/STRIPING 10. FOG COAT,SEAL COAT,PRIME COAT 1 1. ANY WORK NOT SPECIFICALLY LISTED AS A BID ITEM QUALIFICATIONS 1. OUR CURRENT TAKEOFF SHOWS THE PROJECT LONG BY APPROXIMATELY 28,955 CY BASED ON A 20%SHRINK/ .2'GROUND LOSS FACTOR. 2. EXISTING PAVEMENT PROFILES ASSUMED TO BE 4"AC ON 6"ABC. 3. PROPOSAL INCLUDES PRICING FOR APACHE BROWN RIPRAP.OTHER COLORS MAY REQUIRE REPRICING. 4. RCI INCLUDES DUST CONTROL FOR OUR OPERATIONS ONLY. 5. PROPOSAL IS BASED ON ONE MOBILIZATION UNLESS OTHERWISE NOTED. 6. LABOR AND MATERIAL PRICING GOOD THROUGH 6/30/2026,IF ACCEPTED WITHIN 30 DAYS FROM THE DATE OF THIS PROPOSAL. 7. NO SOIL REPORT PROVIDED AT BID TIME.FILL AREAS WILL BE SCARIFIED AND RECOMPACTED AT A 6 INCH DEPTH. ANY FURTHER PREPARATION BEYOND 6 INCH WILL BE ANALYZED AND PRICED SEPARATELY. 8. NO ALLOWANCE IS INCLUDED TO STABILIZE AND/OR REMOVE EXPANSIVE OR UNSUITABLE MATERIAL AND REPLACE WITH GRANULAR MATERIAL IN ACCORDANCE WITH M.A.G. SPECIFICATION 340.3.1. OVER-EXCAVATION OF SOFT, EXPANSIVE OR UNSUITABLE MATERIALS AND INSTALLATION OF GRANULAR MATERIALS WILL BE ANALYZED AND PRICED SEPARATELY IF REQUIRED. 9. ESTIMATED DURATION IS 63 WORKING DAYS. 10. PROPOSAL IS BASED ON THE FOLLOWING DOCUMENTS: A. PLANS-60%DRAINAGE IMPROVEMENT PLANS CAC PALM WASH DETENTION BASE HFE24-24 B. SOILS REPORT NOT PROVIDED AT BID TIME. INITIAL: INITIAL: RUMMEL CONSTRUCTION , I N C . APACHE JUNCTION WATER D I S T . First Amendment to IGA between the City of Apache Junction &Central Arizona College Agenda Item 10 • Presentation, Discussion and possible Consideration of the First Amendment to Intergovernmental/Development Agreement between the City of Apache Junction and Pinal County Community College District First Amendment to IGA between the City of Apache Junction &Central Arizona College • Original IGA 2010 • Abandonment of Broadway right-of-way • Half street improvements along Winchester Road and Old West Highway • Underground power lines Winchester Road, Old West Highway and Broadway Avenue • Install traffic signal at Old West Highway and Winchester Road • Design and construct 5-acre retention basin • Design and construct internal CAC roadway • Design and construct 12-acre retention basin First Amendment to IGA between the City of Apache Junction &Central Arizona College • First Amendment to IGA 2026 • The City will design and construct 12-acre retention basin • Design cost approx. $300,000 • Construction cost approx. $1.5 million • CAC will reimburse the city over the next 3 years at $600,000 per year • The project will reduce flows in Palm Wash by 100 to 200 cfs t 1 t 7Kt�A W�Sa _ t I I - - - - - 9ftcx*439ww ism -.w 7. E _p 9T►,AVF � y o CEM e +UT wv! Or z . f � I - ► L -- 1 � 1 - t City of Apache Junction and Rummel Construction, Inc . Construction Agreement Agenda Item 11 • Presentation , Discussion and possible Consideration of the Construction Agreement between the City of Apache Junction and Rummel Construction,, Inc . City of Apache Junction and Rummel Construction, Inc . Construction Agreement • Rummel Construction will build 12-acre retention basin and channel • Staff is recommending approval for $1.5 million • The City will be utilizing the County of Mohave JOC Earthworks and Channel Maintenance contract 20PS19-05 City of Apache Junction and Burgess & Nipple On Call Contract • Burgess & Nipple will design 12-acre retention basin and channel • Scope and Fee approx. $300,000 The Public Works Department Frrr,pr ion L Quest ' s Thank You 8