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HomeMy WebLinkAbout2022 05.03 City Council Regular AgendaCity Council Meeting City of Apache Junction, Arizona Agenda Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City Council Chambers7:00 PMTuesday, May 3, 2022 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. 1.22-250 Consideration of acceptance of agenda. Sponsors:Jennifer Pena 2.22-251 Consideration of approval of minutes of the regular meeting of April 19th, 2022. Sponsors:Jennifer Pena 04.19.2022Attachments: 3.22-260 As required by Apache Junction City Code, Volume I, Chapter 3: Administration, Article 3-9: Department of Development Services, §§ 3-9-1 (C), the city manager is seeking ratification of Rudy Esquivias for appointment to the position of Development Services Director. Sponsors:Bryant Powell Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 May 3, 2022City Council Meeting Agenda 4.22-296 Consideration on proposed agreement with Flock, LLC for the implementation of a new public safety camera program. The initial term is a two-year agreement not to exceed $80,350, with year one funded by an Arizona State Vehicle Theft Task Force grant in the amount of $15,000 and $27,800 out of General Fund . Sponsors:Michael Pooley Signed Contract 443 ALPR Automatic License PLate Readers Flock Safety Cameras Council Memo FLOCK SAFETY Presentation 042622 Attachments: 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. 5.22-229 Proclamation designating the week of May 11, 2022 through May 16, 2022 as "Peace Officers Memorial Week." Sponsors:Michael Pooley NEW Proclamation Peace Officer Week 2022Attachments: 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. 6.22-252 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. 7.22-253 City Manager's Report. Sponsors:Bryant Powell 8.22-292 Introduction of new Development Services Director, Rudy Esquivias. Sponsors:Bryant Powell 9.22-254 Announcement of current events. Sponsors:Al Bravo Page 2 City of Apache Junction, Arizona Printed on 6/17/2026 May 3, 2022City Council Meeting Agenda 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. 10.22-258 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1523 (case P-22-10-PZ) an Ordinance of the Mayor and City Council of the City of Apache Junction, for a proposed planned development major amendment request by Axiom Care, represented by Rose Law Group, PC, of the property at 150 N. Ocotillo Drive, located north of the northwest corner of N. Ocotillo Drive and Apache Trail, zoned General Commercial by Planned Development (B-1/PD), in order to construct a new three-story treatment facility. Sponsors:Kelsey Schattnik P-22-10-PZ CC Memo - Axiom Care Ordinance No. 1523 Resolution No. 22-14 Axiom Care - Zoning Conditions of Approval Axiom Care (P-22-10-PZ) Staff Report 1. Axiom Care (Narrative) 2. Axiom Care (Site Plan) 3. Axiom Care (Landscape Plan) 4. Axiom Care (Elevations) 5. Axiom Care (Vicinity Map) 6. Ordinance No. 971 (PZ-96-13) 7. Axiom Care (Public Participation Plan Final) 8. Axiom Care (Parking Report Summit Land) Attachments: 11.22-263 Presentation, discussion, public hearing and consideration of proposed Resolution No. 22-14, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described and located at 150 N. Ocotillo Drive, Apache Junction, Arizona." Sponsors:Kelsey Schattnik P-22-10-PZ CC Memo - Axiom Care Ordinance No. 1523 Resolution No. 22-14 Axiom Care - Zoning Conditions of Approval Attachments: Page 3 City of Apache Junction, Arizona Printed on 6/17/2026 May 3, 2022City Council Meeting Agenda 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. 12.22-283 Presentation, discussion and consideration of purchase agreement for city-owned property at 978 E. Roosevelt Street. Staff Memo Roosevelt Offer Roosevelt Contract and Counter Offer Attachments: 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. 13.22-265 Presentation, discussion and consideration, of Resolution No. 22-15, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, authorizing the city to enter into an intergovernmental agreement with the Maricopa Association of Governments for design assistance funding for a multi-use path adjacent to US60/USBR90 (US Bike Route 90), between South Superstition Mountain Drive and Goldfield Rd. Sponsors:Liz Langenbach MAG Grant - Resolution 22-15 - Staff Memo MAG Grant Resolution 22-15 AIT Attachment Attachments: 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 14.22-255 Executive Session at 6:00 P.M. for Monday, May 16th and Executive Session at 6:00 P.M. for Tuesday, May 17th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors:Jennifer Pena Page 4 City of Apache Junction, Arizona Printed on 6/17/2026 May 3, 2022City Council Meeting Agenda 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. Page 5 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-250 Agenda Item No. 1. Agenda Date: 5/3/2022 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of acceptance of agenda. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-251 Agenda Item No. 2. Agenda Date: 5/3/2022 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of approval of minutes of the regular meeting of April 19th, 2022. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City of Apache Junction, Arizona Meeting Minutes City Council Meeting 7:00 PM City Council ChambersTuesday, April 19, 2022 CALL TO ORDERA. Mayor Wilson called the meeting to order at 7:02 PM. INVOCATION AND PLEDGE OF ALLEGIANCEB. Vice Mayor Rizzi gave the invocation and Councilmember Schroeder led the Pledge of Allegiance. ROLL CALLC. Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Nesser Present:5 - City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Michael Pooley, Police Chief Janine Solley, Economic Director Leslie DeReche, Finance Director Rudy Esquivias, Interim Development Services Director CONSENT AGENDAD. Vice Mayor Rizzi moved, seconded by Councilmember Nesser to approve the Consent Agenda. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder and Councilmember Nesser 5 - No:0 1.22-221 Consideration of acceptance of agenda. 2.22-222 Consideration of approval of minutes of the regular meeting of April 5th, 2022. 3.22-219 Consideration of approval of Resolution No. 22-09, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, designating Leslie DeReche as Chief Fiscal Officer for officially submitting and certifying the accuracy of the fiscal year 2022 expenditure limitation report to the Arizona Page 1City of Apache Junction, Arizona April 19, 2022City Council Meeting Meeting Minutes Auditor General. AWARDS, PRESENTATIONS AND PROCLAMATIONSE. 4.22-213 Presentation of proclamation recognizing May 2022 as "Building Safety Month." Mayor Wilson presented the proclamation recognizing May 2022 at Building Safety Month to Adrianne Alegria, Interim Building Safety Manager. REGIONAL INTERGOVERNMENTAL UPDATESF. 5.22-225 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Evans announced the various clean-up projects the AJ CDC had done for the month of March. They removed 17.5 tons of garbage from people’s property which came to a rough cost of $2,500. Mayor Wilson stated he and Vice Mayor Rizzi attended the Golden Rule banquet, along with other Golden Rule communities. He stated it is a goal that those organizations or communities honor the Golden Rule and maintain that philosophy. He attended the Governor’s Annual Prayer Breakfast, which the city helped sponsor. He attended the CAG Regional Transportation Authority meeting where they discussed the sales tax that was passed by the voters last year which has been determined to be an illegal tax. They are trying to determine what to do with the tax that has been collected so far and advised everyone to follow the news closely on the matter. CITY MANAGER'S REPORTG. 6.22-223 City Manager's Report. 7.22-176 Presentation by Kevin Camberg of Fester & Chapman on the city's annual financial audit. City Manager Bryant Powell introduced Kevin Camberg of Fester & Chapman the independent auditor for the city. Mr. Camberg stated this year was the 23rd year the city received the Award of Excellence in financial accounting. There are many cities that have not received this honorary distinction and for Apache Junction to have 23 years in achieving this award is a significant honor. Mr. Camberg reviewed some of the financial highlights of the audit. 8.22-224 Announcement of current events. Al Bravo, Chief Information Officer announced the following: - Professional Municipal Clerk’s Week May 1 through 7, 2022. - Earth Day at Earth Heart Park April 23rd where thousands of ladybugs will be released. - Janine Solley, the city’s Economic Development Director will hold an economic development outlook session April 28th at the Multi-Generational Center from 8:00 am to 9:30 am. Page 2City of Apache Junction, Arizona April 19, 2022City Council Meeting Meeting Minutes - He recognized the Apache Junction Parks and Recreation Department which did a phenomenal job with all the logistics of the city’s annual Easter egg hunt. - The first off leash dog park grand opening will be held Saturday, April 30th from 8:00 am to noon. PUBLIC HEARINGSH. OLD BUSINESSI. NEW BUSINESSJ. 9.22-212 Presentation, discussion and consideration of Resolution No. 22-08 a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, adopting the findings and recommendations of the updated Apache Junction Economic Development Strategic Plan. Janine Solley, Economic Development Director provided a brief history of the city's Economic Development Strategic Plan. The City of Apache Junction’s last Economic Development Strategic Plan was an 18-month process that started in 2005 with a home-grown composition of community members. The plan proposed a broad approach across a number of action areas that were deemed vital components in helping Apache Junction transition into a more prosperous and sustainable community. Council adopted Resolution No. 07-57 as the basis for an Economic Development Strategic Plan for Apache Junction. Staff recognized that significant change has occurred since the last plan was developed and it was a critical time to consider formally updating the strategic plan to take into account the existing environment and opportunities and identify any changing priorities. With the 6,600 acres recently annexed into the City limits, state land sale, new councilmembers being seated, needs for accelerated recovery plan post-COVID, increasing housing development and service demands, and new key transportation corridors that will define employment in the region, it seemed a perfect time to invest in an updated roadmap to help identify the community’s goals related to jobs and the strength of the local economy. At the June 2021 City Council Annual Retreat, council gave staff the go ahead to update the plan. With the tremendous support of our economic development partners at Salt River Project (SRP) we were able to work with professional consultants Boyette Strategic Advisors to develop an updated, relevant and implementable Economic Development Strategic Plan for the city. The City’s consultants from Boyette Strategic Advisors crafted a customized strategic plan that will serve as the city’s guide for Economic Development for the next three to five years. The process included numerous interviews from stakeholders, business and community surveys, review of existing community plans for compatibility, identifying competitive and aspirational cities, community tours, regional strengths, potential for targeted sectors, and workforce availability analysis. The outcome is a three to five year action plan that identifies goals and recommendations to help capitalize on our best opportunities for positive economic and community growth. COUNCIL DIRECTION TO STAFFK. Page 3City of Apache Junction, Arizona April 19, 2022City Council Meeting Meeting Minutes SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSESL. 10.22-175 Selection of dates, times and location for budget review/work session, public hearing and adoption of tentative and final budget for Fiscal Year 2022-2023. Councilmember Nesser moved, seconded by Councilmember Evans that the date, time and location for budget work session, public hearing and adoption of the tentative and final budget for fiscal year 2022-2023 be as follows: 1. Budget work sessions: Monday, May 2, 2022 2. Tentative budget adoption and public hearing: Monday, May 16, 2022 at a special meeting 3. Final budget adoption and public hearing: Monday, June 20, 2022 at a special meeting Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder and Councilmember Nesser 5 - No:0 11.22-226 Executive Session at 6:00 P.M. for Monday, May 2nd and Executive Session at 6:00 P.M. for Tuesday, May 3rd in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved, seconded by Vice Mayor Rizzi that an executive session at 6:00 p.m. for Monday, May 2 and Tuesday, May 3, 2022 be held in the City Council Conference room located at 300 E. Superstition Boulevard, Apache Junction, Arizona and other meetings be scheduled if necessary. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder and Councilmember Nesser 5 - No:0 CALL TO PUBLICM. Mo Mohiuddin 2304 N. Cortez Rd. commented on the work session item mentioned a few weeks ago about work on Idaho Rd. He requested council consider horse crossing signs. Donna Carr 2178 W. Virginia St. commented on the economic development proposal. She expressed concern that Apache Junction is home to many low income families and would not like to see these individuals ran out of town due to the increased development. Michelle Theis, 8109 E. Apache Plumb Dr. Queen Creek stated she had been working with Superstition Harley Davidson and was recently told the police escort that was arranged for the International Female Ride Day (IFRD) was no longer available. She asked if Council or the city could assist her and the group with an escort through town to the freeway as they will be heading to Superior. Darryl Cross 1018 N. Acacia Rd. commented on Mr. Mohiuddin's request for safety for horses and riders, Coconino National Forest recently closed a 5 mile perimeter around Flagstaff due to hazardous waste from humans and because of the fire danger. While cleaning up certain areas in the city, he noticed a severe burn of underbrush and wondered if the city would consider a no fire zone around the city. Page 4City of Apache Junction, Arizona April 19, 2022City Council Meeting Meeting Minutes He commented on the economic strategic plan, and having a tiny home community. ADJOURNMENTN. Mayor Wilson adjourned the meeting at 8:15 p.m. Page 5City of Apache Junction, Arizona Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-260 Agenda Item No. 3. Agenda Date: 5/3/2022 Sponsor: Bryant Powell In Control: City Council MeetingIndex: As required by Apache Junction City Code, Volume I, Chapter 3: Administration, Article 3-9: Department of Development Services, §§ 3-9-1 (C), the city manager is seeking ratification of Rudy Esquivias for appointment to the position of Development Services Director. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-296 Agenda Item No. 4. Agenda Date: 5/3/2022 Sponsor: Michael Pooley In Control: City Council MeetingIndex: Consideration on proposed agreement with Flock, LLC for the implementation of a new public safety camera program. The initial term is a two-year agreement not to exceed $80,350, with year one funded by an Arizona State Vehicle Theft Task Force grant in the amount of $15,000 and $27,800 out of General Fund. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 flock safety FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM This Order Form together with the Terms(as defined herein)describe the relationship between Flock Group Inc. ("Flock")and the customer identified below("Customer")(each of Flock and Customer,a"Party").This order form("Order Form") hereby incorporates and includes the"GOVERNMENT AGENCY CUSTOMER AGREEMENT"attached(the"Terms")which describe and set forth the general legal terms governing the relationship(collectively,the "Agreement").The Terms contain,among other things,warranty disclaimers, liability limitations and use limitations. The Agreement will become effective when this Order Form is executed by both Parties(the"Effective Date"). Customer: AZ—City of Apache Junction,through its Police Department Contact Name:Michael Pooley,Chief of Police Address: 1001 N Idaho Rd Phone: (480)474-5468 Apache Junction,Arizona 85119 E-Mail: mpooley@apachejunctionaz. Billing Contact: Expected Payment Method: (if different than above) Pilot period: First 30 calendar days of Initial Term; option to cancel Initial Term:24.00 contract at no cost. Renewal Term:24 Months Initial Term invoice due after Pilot period. Billing Term:Annual payment due Net 30 per terms and conditions Name Price QTY Subtotal Falcon Camera $2,500.00 15.00 $37,500.00 Professional Services - Falcon, Standard $350.00 15.00 $5,250.00 Implementation Administrative Fee 1 50.00 1 1.00 1 $50.00 (Includes one-time fees) Year 1 Total: $42,800.00 Recurring Total: $37,550.00 1 flock safety By executing this Order Form,Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Terms attached.The Parties have executed this Agreement as of the dates set forth below. Flock Group Inc Customer: By: By: Name Name: Michael Pooley Title: Title: Police Chief Date: Date: 2 flock safety GOVERNMENT AGENCY AGREEMENT This Government Agency Agreement(this"Agreement")is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210,Atlanta,GA 30318("Flock")and the police department or government agency identified in the signature block of the order form("Agency")(each a"Party," and together,the"Parties"). RECITALS WHEREAS,Flock offers a software and hardware solution for automatic license plate detection through Flock's technology platform(the"Flock Service"),and upon detection,the Flock Services are capable of capturing audio, image,and recordings data of suspected vehicles("Footage")and can provide notifications to Agency upon the instructions of Non-Agency End User("Notifications"); WHEREAS,Agency desires access to the Flock Service on existing cameras,provided by Agency,or Flock provided Hardware(as defined below)in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service(where there is an investigative or bona fide lawful purpose)such as schools,neighborhood homeowners associations,businesses,and individual users; WHEREAS,Flock deletes all Footage on a rolling thirty(30)calendar day basis. Agency is responsible for extracting,downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes;and WHEREAS,Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness,prevention, and prosecution of crime,bona fide investigations by police departments,and archiving for evidence gathering("Purpose"). AGREEMENT NOW,THEREFORE,Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement. 1. DEFINITIONS Certain capitalized terms,not otherwise defined herein,have the meanings set forth or cross-referenced in this Section 1. 1.1 "Agency Data"will mean the data,media and content provided by Agency through the Services. For the avoidance of doubt,the Agency Data will include the Footage. 1.2."Agency Hardware"shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term "Agency Hardware"excludes the Embedded Software 1.3 "Authorized End User(s)" shall mean any individual employees, agents,or contractors of Agency accessing or using the Services through the Web Interface,under the rights granted to Agency pursuant to this Agreement. 1.4"Documentation" will mean text and/or graphical documentation,whether in electronic or printed format,that describe the features,functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement. 1.5"Embedded Software"will mean the software and/or firmware embedded or preinstalled on the Agency Hardware. 1.6"Flock IP"will mean the Services,the Documentation,the Embedded Software,the Installation Services,and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing. 1.7"Footage"means still images captured by the Agency Hardware in the course of and provided via the Services. 1.8"Hardware"or"Flock Hardware" shall mean the Flock cameras or device,pole,clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term"Hardware"excludes the Embedded Software. 1.9 "Implementation Fee(s)"means the monetary fees associated with the Installation Services, as defined in Section 1.10 below. 1.10"Installation Services"means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware. 1.11 "Non-Agency End User(s)"shall mean any individual,entity, or derivative therefrom,authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms(or to those materially similar) of this Agreement. 1.12"Services"or"Flock Services"means the provision,via the Web Interface, of Flock's software application for automatic license plate detection,searching image records, and sharing Footage. 1.13 "Support Services"shall mean Monitoring Services,as defined in Section 2.9 below. 1.14"Unit(s)" shall mean the Agency Hardware together with the Embedded Software. 1.15"Usage Fee"means the subscription fees to be paid by the Agency for ongoing access to Services. 1.16"Web Interface"means the website(s)or application(s)through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term(as defined in Section 6.1 below), solely for the Authorized End Users.The Footage will be available for Agency's designated administrator, listed on the order form,and any Authorized End Users to access via the Web Interface for thirty(30)days. Authorized End Users will be required to sign up for an account and select a password and username("User ID"). Flock will also provide Agency with the Documentation to be used in accessing and using the Services.Agency shall be responsible for all acts and omissions of Authorized End Users,and any act or omission by an Authorized End User which, if undertaken by Agency,would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services,including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the Agency's sole and exclusive remedy and flock's sole and exclusive liability with regard to such third-party services, including without limitation hosting the web interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time. 2.2 Embedded Software License. Subject to all terms of this Agreement,Flock grants Agency a limited,non- exclusive,non-transferable,non-sublicensable(except to the Authorized End Users),revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive,non-transferable right and license to use the Documentation during the Service Term to Agency's in connection with its use of the Services as contemplated herein,and under Section 2.4 below. 2.4 Usage Restrictions. a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support,and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture("Permitted Purpose").Agency will not, and will not permit any Authorized End Users to,(i)copy or duplicate any of the Flock IP;(ii)decompile, disassemble,reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP,or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code;(iii)modify,alter,tamper with or repair any of the Flock IP,or create any derivative product from any of the foregoing,or attempt to do any of the foregoing,except with the prior written consent of Flock;(iv)interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP;(v)remove, obscure,or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi)use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose;or(vii)assign,sublicense,sell,resell, lease,rent or otherwise transfer or convey, or pledge as security or otherwise encumber,Agency's rights under Sections 2.1,2.2,or 2.3. b. Flock Hardware.Agency understands that all Flock Hardware is owned exclusively by Flock,and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove,reposition,re-install,tamper with, alter,adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3,Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void,and this Agreement shall be subject to immediate termination(without opportunity to cure)for material breach by Agency. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right,title and interest in and to the Flock IP and its components,and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion.There are no implied rights. 2.6 Suspension.Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency's and any Authorized End User's access to any portion or all of the Flock IP or Flock Hardware if(i)Flock reasonably determines that(a)there is a threat or attack on any of the Flock IP;(b)Agency 's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c)Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities;(d)Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e)any vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable Agency to access the Flock IP; or(f)Agency has violated any term of this provision, including,but not limited to, utilizing the Services for anything other than the Permitted Purpose(each such suspension, in accordance with this Section 2.6,a"Service Suspension"). Flock will make commercially reasonable efforts,circumstances permitting, to provide written notice of any Service Suspension to Agency(including notices sent to Flock's registered email address)and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses(including any loss of data or profits)or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency's direct actions or by the actions of parties associated with the Agency,the expiration of the Term will be tolled by the duration of any suspension(for any continuous suspension lasting at least one full day)prorated for the proportion of cameras on the Agency's account that have been impacted. 2.7 Installation Services. 2.7.1 Designated Locations. For installation of Flock Hardware,prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a"Designated Location"). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready,if necessary.The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan ("Reinstalls") requested by Agency will incur a charge for Flock's then-current list price for Reinstalls, as listed in the then-current Reinstall Policy(available at https://www.flocksafety.com/reinstall-fee-schedule)and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware. 2.7.2 Agency Installation Obligations.Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work.Although the Units are designed to utilize solar power,certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally,Agency is solely responsible for(i)any permits or associated costs,and managing the permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use(excluding tax exempt entities),or(iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency ("Agency Installation Obligations"). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process.Once the required permits are obtained,Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement,tolling,or credit for any suspension period of Flock Services due to low solar.Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware. 2.7.3 Flock's Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed.Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three(3)business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. 2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Agency's default and Flock shall have the right to enforce any other legal remedy or right. 2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including,without limit,asbestos, lead,toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. 2.9 Support Services. Subject to the payment of fees,Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage.The work, its timing,and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services"). Subject to the terms hereof,Flock will provide Agency with reasonable technical and on-site support and maintenance services("On- Site Services")in-person or by email at support9flocksafety.com. Flock will use commercially reasonable efforts to respond to requests for support. 2.10 Special Terms. From time to time,Flock may offer certain"Special Terms"related to guarantees,service and support which are indicated in the proposal and on the order form and will become part of this Agreement,upon Agency's consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.10 Changes to Platform.Flock may, in its sole discretion,make any changes to any system or platform that it deems necessary or useful to(i)maintain or enhance(a)the quality or delivery of Flock's products or services to its Agency s,(b)the competitive strength of,or market for,Flock's products or services,(c)such platform or system's cost efficiency or performance, or(ii)to comply with applicable law. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations.Flock will assist Agency end-users in the creation of a User ID.Agency agrees to provide Flock with accurate, complete,and updated registration information. Agency may not select as its User 1D a name that Agency does not have the right to use,or another person's name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense,provide assistance to Flock, including,but not limited to,by means of access to,and use of,Agency facilities, as well as by means of assistance from Agency personnel,to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation,any obligations with respect to Support Services or any Installation Services. 3.2 Agency Representations and Warranties.Agency represents,covenants,and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video,photo,or audio content. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be(or alleged to be)in violation of the foregoing. 4. CONFIDENTIALITY; AGENCY DATA 4.1 Confidentiality.To the extent allowable by applicable State of Arizona Public Records Acts, each Party(the "Receiving Party") understands that the other Party(the"Disclosing Party")has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business(hereinafter referred to as"Proprietary Information"of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features,functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage,to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units("Agency Data"). The Receiving Party agrees: (i)to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information,but in no event will a party apply less than reasonable precautions to protect such Proprietary Information,and(ii)not to use(except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency's neighborhood,or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document(a)is or becomes generally available to the public,or(b)was in its possession or known by it prior to receipt from the Disclosing Party, or(c)was rightfully disclosed to it without restriction by a third party,or(d)was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order,provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use,preserve and/or disclose the Footage to law enforcement authorities,government officials,and/or third parties,if legally required to do so or if Flock has a good faith belief that such access,use,preservation or disclosure is reasonably necessary to: (a)comply with a legal process or request; (b)enforce this Agreement, including investigation of any potential violation thereof;(c)detect,prevent or otherwise address security,fraud or technical issues;or(d)protect the rights,property or safety of Flock, its users,a third party,or the public as required or permitted by law, including respond to an emergency situation.Agency hereby expressly grants Flock a non-exclusive,worldwide,perpetual,royalty-free right and license(during and after the term hereof)to disclose the Agency Data(inclusive of any Footage)to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order. 4.2 Agency Data.As between Flock and Agency, all right,title and interest in the Agency Data,belong to and are retained solely by Agency. Agency hereby grants to Flock a limited,non-exclusive,royalty-free,worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive,perpetual, irrevocable,worldwide,royalty-free,fully paid license to use,reproduce, modify and distribute the Agency Data as a part of the Aggregated Data(as defined in Section 4.4 below).As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency,each of Agency and Non-Agency End Users will share all right,title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty(30)calendar days. Agency has a thirty(30)calendar day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. 4.3 Feedback. If Agency provides any suggestions, ideas,enhancement requests, feedback,recommendations or other information relating to the subject matter hereunder,Agency hereby assigns(and will cause its agents and representatives to assign)to Flock all right,title and interest(including intellectual property rights)with respect to or resulting from any of the foregoing. 4.4 Aggregated Data.Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies(including,without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity,Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services(the"Aggregated Data"). Agency hereby grants Flock a non- exclusive,worldwide,perpetual,royalty-free right and license(during and after the Service Term hereof)to(i)use and distribute such Aggregated Data to improve and enhance the Services and for other development,diagnostic and corrective purposes, other Flock offerings,and crime prevention efforts,and(ii)disclose the Agency Data(both inclusive of any Footage)to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data. 5.PAYMENT OF FEES 5.1a Wing Fees. For Wing products,the Agency will pay Flock the first Usage Fee and the Implementation Fee(as described on the Order Form attached hereto,together the "Initial Fees")as set forth on the Order Form on or before the 30th calendar day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable,Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty(30) calendar days in advance of each payment period.All payments will be made by either ACH,check,or credit card. 5.1 b Falcon Fees. For Falcon products during the Initial Term,Agency will pay Flock fifty percent(50%)of the first Usage Fee,the Implementation Fee and any fee for Hardware(as described on the Order Form attached hereto, together the"Initial Fees")as set forth on the Order Form on or before the 30th calendar day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent(25%)of the Initial Fees,and Agency shall pay on or before 301"calendar day following receipt of invoice. Upon completion of installation,Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30"calendar day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term,as defined below,Agency shall pay the entire invoice on or before the 301 calendar day following receipt of invoice. 5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty(60)calendar days' notice prior to the end of such Initial Term or Renewal Term(as applicable)to Agency(which may be sent by email). If Agency believes that Flock has billed Agency incorrectly,Agency must contact Flock no later than sixty(60)calendar days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock's Agency support department.Agency acknowledges and agrees that a failure to contact Flock within this sixty(60)calendar day period will serve as a waiver of any claim Agency may have had as a result of such billing error. 5.3 Invoicing, Late Fees; Taxes.Flock may choose to bill through an invoice,in which case,full payment for invoices issued in any given month must be received by Flock thirty(30)calendar days after the mailing date of the invoice. If Agency is a non-tax exempt entity,Agency shall be responsible for all taxes associated with Services other than U.S.taxes based on Flock's net income. 6.TERM AND TERMINATION 6.1 a Wing Term. Subject to earlier termination as provided below,the initial term of this Agreement shall be for the period of time set forth on the Order Form(the"Initial Term"). The Term shall commence upon execution of this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form(each,a"Renewal Term",and together with the Initial Term,the"Service Term")unless either party gives the other party notice of non-renewal at least thirty(30) calendar days prior to the end of the then-current term. 6.1 b Falcon Term. Subject to earlier termination as provided below,the initial term of this Agreement shall be for the period of time set forth on the Order Form (the"Initial Term"). The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form(each, a"Renewal Term",and together with the Initial Term,the"Service Term")unless either party gives the other party notice of non-renewal at least thirty(30) days prior to the end of the then-current term. 6.2 Termination for Convenience.At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of$500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras,prorated for any fees for the remaining Term length set forth previously.Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay,any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience,within a commercially reasonable period of time upon termination. 6.3 Termination.Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach of this Agreement,the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty(30)calendar days prior written notice to the breaching party;provided,however,that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty(30)calendar day period. Either party may terminate this Agreement,without notice,(i)upon the institution by or against the other party of insolvency,receivership or bankruptcy proceedings,(ii)upon the other party's making an assignment for the benefit of creditors,or(iii)upon the other party's dissolution or ceasing to do business. Upon termination for Flock's material breach,Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination. 6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to `hot- list' alerts,which may include `hot tags',stolen vehicles,Amber Alerts,etc. ("No-Fee Term"). In the event a Non- Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit,Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty(30) calendar day retention policy.Non-Agency End Users and Flock may,in their sole discretion, leave access open. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion,can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty(30)calendar days' notice. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon thirty(30)calendar days' notice. 6.6 Survival.The following Sections will survive termination: 2.4,2.5,3,4, 5(with respect to any accrued rights to payment),6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5. 7.REMEDY; WARRANTY AND DISCLAIMER 7.1 Remedy.Upon a malfunction or failure of Flock Hardware or Embedded Software(a"Defect'),Agency must notify Flock's technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall,or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two(72)hours after Agency notifies the Flock of a known Defect. In the event of a Defect,Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen,or damaged,Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule).Agency shall not be required to replace subsequently lost, damaged or stolen Units,however,Agency understands and agrees that functionality, including Footage,will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Hardware. 7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware,Agency Hardware or Embedded Software in any manner. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance,either by Flock or by third-party providers,or because of other causes beyond Flock's reasonable control,but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. The remedy described in section 7.1 above is Agency's sole remedy,and flock's sole liability, with respect to defective embedded software. The Flock does not warrant that the services will be uninterrupted or error free;nor does it make any warranty as to the results that may be obtained from use of the services. Except as expressly set forth in this section,the services are provided"as is"and Flock disclaims all warranties, express or implied, including,but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. This disclaimer of section 7.4 only applies to the extent allowed by the governing law of the state mentioned in section 10.6,or if no state is mentioned in section 10.5,by the law of the state of Georgia. 7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request. 7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including,but not limited to acts of God,changes to law or regulations,embargoes,war,terrorist acts,acts or omissions of third-party technology providers,riots,fires, earthquakes, floods,power blackouts,strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User. 8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY 8.1 Limitation of Liability. Notwithstanding anything to the contrary,Flock and its suppliers(including but not limited to all hardware and technology suppliers), officers, affiliates,representatives,contractors and employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract,negligence, strict liability,product liability,or other theory: (a)for error or interruption of use or for loss or inaccuracy, incompleteness or corruption of data or footage or cost of procurement of substitute goods,services or technology or loss of business;(b)for any indirect,exemplary,incidental, special or consequential damages; (c)for any matter beyond Flock's actual knowledge or reasonable control including repeat criminal activity or inability to capture footage or identify and/or correlate a license plate with the FBI database; (d) for any public disclosure of proprietary information made in good faith;(e)for crime prevention;or(f)for any amounts that,together with amounts associated with all other claims,exceed the fees paid and/or payable by Agency to Flock for the services under this agreement in the twelve(12)months prior to the act or omission that gave rise to the liability, in each case,whether or not Flock has been advised of the possibility of such damages. In the event of an emergency,Agency should contact 911 and should not rely on the services. This limitation of liability of section 8 only applies to the extent allowed by the governing law of the state mentioned in section 10.6,or if no state is mentioned in section 10.6,by the law of the state of Georgia. 8.2 Additional No-Fee Term Requirements. In no event shall Flock's aggregate liability, if any, arising out of or in any way related to the complimentary no-fee term as described in section 6.5 exceed$100,without regard to whether such claim is based in contract,tort(including negligence),product liability or otherwise. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service,which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this Agreement. 8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees,deputies, officers,or agents, in connection with the performance of their official duties under this Agreement.Each Party to this Agreement shall be liable(if at all)only for the torts of its own officers,agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock's suppliers. 8.4 Indemnity.Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement,Agency's Installation Obligations,Agency's sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users,or otherwise from Agency's use of the Services, Flock Hardware,Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be(or alleged to be)in violation of Section 3.2 or this Agreement. 9. RECORD RETENTION 9.1 Data Preservation.The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws,regulations,policies and ordinances and their associated record retention schedules.As part of Agency's consideration for paid access and no-fee access to the Flock System,to the extent that Flock is required by local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock's behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand. 10. MISCELLANEOUS 10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid,that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.2 Assignment.This Agreement is not assignable,transferable or sublicensable by Agency or Flock,except with Flock's prior written consent by the Parties. 10.3 Entire Agreement.This Agreement,together with the Order Form(s),the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule),and Deployment Plan(s),are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement,and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Agency's purchase orders,authorizations or similar documents will alter the terms of this Agreement,and any such conflicting terms are expressly rejected. 10.4 Relationship.No agency,partnership,joint venture,or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. 10.5 Governing Law;Venue.This Agreement shall be governed by the laws of the State of Arizona. The Parties hereto agree that venue would be proper in the Pinal County Superior Court of the State of Arizona. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 10.6 Publicity.Upon prior consent from Agency, Flock has the right to reference and use Agency's name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock's website. 10.7 Export.Agency may not remove or export from the United States or allow the export or re-export of the Flock 1P or anything related thereto,or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce,the United States Department of Treasury Office of Foreign Assets Control,or any other United States or foreign agency or authority. As defined in FAR section 2.101,the Services, the Hardware,the Embedded Software and Documentation are"commercial items"and according to DFAR section 252.2277014(a)(1)and(5)are deemed to be"commercial computer software"and"commercial computer software documentation."Consistent with DFAR section 227.7202 and FAR section 12.212,any use,modification, reproduction,release,performance,display,or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 10.8 Headings.The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections. 10.09 Authority.Each of the above signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing. 10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered;when receipt is electronically confirmed,if transmitted by facsimile or e- mail;the day after it is sent, if sent for next day delivery by recognized overnight delivery service;and upon receipt, if sent by certified or registered mail,return receipt requested. 10.1 1 Accuracy of Work. Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. 10.12 Compliance with Federal and State Laws. Consultant 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,Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee,Consultant will verify the employment eligibility of the employee through the E-Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A),and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. City at its option may terminate this Agreement as per Section 6 of this Agreement. Consultant shall not be deemed in material breach of this Agreement if the Consultant 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 Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant 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. 10.14 Permits& Fees Consultant shall give all notices and comply with all laws,ordinances,rules,regulations and lawful orders of any public authority bearing on the performance of the obligations. Consultant represents and warrants that any license necessary to perform the services under this Agreement is current and valid. Consultant understands that the activity described herein constitutes"doing business in the City of Apache Junction"and Consultant agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code,Vol. I, and keep such license current during the term of this Agreement. Consultant also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A,may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by all applicable laws. Further,Consultant agrees to pay all applicable privilege and use taxes that are applicable to the activities,products and services provided under this Agreement. 10.15 Prohibition to Contract with Consultants 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 Consultants who engage in boycotts of the State of Israel. Should Consultant 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. 10.16 Taxes. Consultant shall pay all license,sales,consumer,transaction privilege, use and other similar taxes for services provided by Consultant which are legally enacted at the time the obligations under this Agreement are performed. 10.17 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. 10.19 Insurance. Consultant,at its own expense,shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed,possessing a current A.M. Best, Inc. Rating of B++6,or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted;failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Consultant'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. Consultant shall be solely responsible for the deductible and/or self-retention and City,at its option,may require Consultant to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. - City reserves the right to request and to receive,within ten(10)working days,certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated,however,to review same or to advise Consultant of any deficiencies in such policies and endorsements,and such receipt shall not relieve Consultant from,or be deemed a waiver of,City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies,except Workers' Compensation and Professional Liability,required by this Agreement, shall name City,its agents,officers,officials and employees as Additional Insureds. Required Coverage Commercial General Liability Consultant 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 Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations,Consultant shall purchase and maintain,at all times during prosecution of the work, services or operations under this Agreement,an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of Consultant's work,service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence,and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant 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 Consultant's owned, hired,and non-owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1,"any auto",(Insurance Service Office, Inc. Policy Form CA 00011293,or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances,materials or wastes are to be transported, MCS 90 endorsement shall be included and$5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services;and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee,and$500,000 disease policy limit. By execution of this Agreement, Consultant 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 Consultant has no employees for whom workers' compensation insurance is required,Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors,mistakes and omissions arising out of the work or services performed by Consultant,or any person employed by Consultant,with a limit of not less than$1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement,Consultant shall furnish City with Certificates of Insurance,or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement,and shall be issued and delivered to City Attorney,City of Apache Junction, 300 East Superstition Boulevard,Apache Junction,AZ 85119. In the event any insurance policies required by this Agreement are written on a"claims made"basis, coverage shall extend for two(2)years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement,a renewal certificate must be sent to City thirty(30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the City Attorney)evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance,but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire,be canceled,or materially changed without thirty(30)calendar days' prior written notice to City. flock safety EXHIBIT A Statement of Work Installation off lock Camera on existing pole or Flock-sup)plied pole if required Flock Group Inc. Order Form This proposal expires in 30 calendar days. Automated License Plate Readers (ALPRs) - 1 Apache Junction Police Department Policy Manual Automated License Plate Readers (ALPRs) 443.1 PURPOSE AND SCOPE Automated License Plate Reader (ALPR) technology, also known as License Plate Recognition, provides automated detection of license plates. ALPRs are used by the Apache Junction Police Department to convert data associated with vehicle license plates for official law enforcement purposes including identifying stolen or wanted vehicles, stolen license plates and missing persons. ALPRs may also be used to gather information related to active warrants, homeland security, suspect interdiction, stolen property recovery, crime suppression efforts and other criminal investigations. 443.2 ADMINISTRATION OF ALPR DATA All installation and maintenance of ALPR equipment, as well as ALPR data retention and access shall be managed by the Support Services Commander. The Support Services Commander will assign personnel under his/her command to administer the day-to-day operation of the ALPR equipment and data. 443.3 ALPR OPERATION Use of an ALPR is restricted to the purposes outlined below. Department personnel shall not use, or allow others to use, the equipment or database records for any unauthorized purpose. (a) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. (b) An ALPR shall only be used for official and legitimate law enforcement business. (c) An ALPR may be used in conjunction with any patrol operation or official department investigation. Reasonable suspicion or probable cause is not required before using an ALPR. (d) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (e) If practicable, the officer should verify an ALPR response through the Arizona Criminal Justice Information System (ACJIS) before taking enforcement action that is based solely upon an ALPR alert. (f) No ALPR operator may access ACJIS unless otherwise authorized to do so. Policy 443 Automated License Plate Readers (ALPRs) - 2 Apache JunctionPolice Department Apache JunctionPD Policy Manual Automated License Plate Readers (ALPRs) 443.4 ALPR DATA COLLECTION AND RETENTION All data and images gathered by an ALPR are for the official use of the Apache Junction Police Department and because such data may contain confidential LEADS information, it is not open to public review. ALPR information gathered and retained by this department may be used and shared with prosecutors or others only as permitted by law. The Support Service Commander is responsible to ensure proper collection and retention of ALPR data and for transferring ALPR data stored in department vehicles to the department server on a regular basis, not to exceed 30 days between transfers. All ALPR data downloaded to the server should be stored for the minimum period of thirty days and thereafter may be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a lawful action to produce records. In such circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 443.5 ACCOUNTABILITY AND SAFEGUARDS All saved data will be closely safeguarded and protected by both procedural and technological means. The Apache Junction Police Department will observe the following safeguards regarding access to and use of stored data: (a) All non-law enforcement requests for access to stored ALPR data shall be referred to the Records Supervisor and processed in accordance with applicable law. (b) All ALPR data downloaded to the mobile workstation and server shall be accessible only through a login/password protected system capable of documenting all access of information by name, date and time. (c) Persons approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action. (d) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies at any time for legitimate law enforcement purposes. (e) ALPR system audits should be conducted on a regular basis by the office of Professional Standards during the annual audits. City of Apache Junction Home of the Superstition Mountains DATE: APRIL 27, 2022 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: MICHAEL POOLEY, POLICE CHIEF JOSEPH PENZE, COMMANDER SUBJECT: FLOCK PUBLIC SAFETY CAMERAS AND ASSOCIATED GRANT The Apache Junction Police Department (AJPD) has been researching how the use of public safety cameras could enhance the safety of its residents in addition to aiding officers in acquiring objective evidence for the quick apprehension of vehicles used in criminal activity. Public safety cameras are used by numerous law enforcement agencies around the valley, state and nation. They are strategically placed around ingress and egress points of the city as well as higher crime areas. The cameras core function is to capture license plate numbers and other vehicle features by taking photos of the rear of a vehicle only. The cameras do not capture photos of people or faces within the vehicle. The footage collected allows officers with a documented reason or case number, to search for a vehicle by type, make, model, license plate number, missing and covered license plates and other unique features such as bumper stickers, dents or roof racks. Each search executed creates a permanent audit trail. Public safety agencies are able to share camera data to assist one another with real time alerts for stolen vehicles to dispatch, patrol and detectives. Real time alerts are sent to officers and dispatch via computer or phone. The city of Apache Junction Police Department has been awarded a state grant through the Vehicle Theft Taskforce in the amount of $15,000 towards the procurement of public safety equipment which must be spent by June 30, 2022. This grant would cover the cost to purchase and install five (5) cameras. AJPD command staff is requesting fifteen (15) cameras in total. AJPD command staff respectfully requests council approval of this procurement; $15,000 using grant funds and $27,800 from the city’s General Fund that has been budgeted for in the proposed Fiscal Year 2022-2023 city budget. Thank you for your consideration. i0ock safety What is Flock? • Automatic License Plate Reader • Only captures a photo of the rear of the vehicle • Color of vehicle • License plate number • Unique features such as bumper stickers, decals, roof racks or body damage • Does not capture photos of people or faces within the vehicle Who is Flock? • Established in 2017; began providing services to Homeowner Association’s and Businesses to help reduce crime • Currently provides services for 1,500 cities in the capture of evidence for law enforcement • Cities in Arizona using Flock include: Tempe, Queen Creek, Tucson, etc. Why Flock? Primary purposes: 1) 24/7 detection of objective data through use of cameras 2) Real time alerts of vehicles involved in criminal activity 3) Sharing of data between law enforcement agencies 4) Provide leads in police investigations Real Time Alerts Provides real time alerts for stolen vehicles, vehicles involved in criminal activity, Amber alerts and Silver alerts • Real time alerts are sent to officers and dispatch via computers and/or phones • This system alerts officers if the vehicle has been entered into NCIC (law enforcement database) as a stolen vehicle or used in a felony crime • Data is shared between law enforcement agencies Investigative Leads Allows officers with a documented reason/case number to search for a vehicle by type, make, model, license plate number, and other unique features for investigative purposes • Each search creates a permanent audit trail • Data captured by Flock is purged every 30-days which protects privacy but also allows time for investigators to pull evidence needed and download for cases Cameras • The cameras would be placed strategically, at major ingress and egress points of the city, as well as higher crime areas • AJPD is requesting 15 cameras • 5 cameras would be funded through a $15,000 state grant received, deadline to spend funds is June 30th, 2022 • 10 cameras would be funded using $27,800 of General Fund monies, in the 22/23 fiscal year Flock Agreement • Initial term of two years • $2,500 per camera cost which includes hardware, software, data and maintenance; $350 installation fee • The Flock agreement contains a 30-day no questions asked opt out clause • Prior to the end of the initial 30-days AJPD will provide council an update with metrics to better evaluate/illustrate the return on investment; and will continue to provide periodic updates to council if continued Questions? Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-229 Agenda Item No. 5. Agenda Date: 5/3/2022 Sponsor: Michael Pooley In Control: City Council MeetingIndex: Proclamation designating the week of May 11, 2022 through May 16, 2022 as "Peace Officers Memorial Week." Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Proclamation PEACE OFFICERS MEMORIAL WEEK MAY 11th - MAY 16th, 2022 WHEREAS, the police officers of Apache Junction have worked devotedly and selflessly in behalf of the people of this City and Nation, regardless of the peril or hazard to themselves; and WHEREAS, these officers have safeguarded the lives of property of their Americans; and WHEREAS, by the enforcement of our laws, these same officers have given our City and Country internal freedom from fear of the violence and civil disorder that is presently affecting other communities and nations; and WHEREAS, these men and women by their patriotic service and their dedicated efforts have earned the gratitude of the City of Apache Junction, the County of Pinal and State of Arizona; and NOW, THEREFORE, I, Walter “Chip” Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim May 11th - May 16th, 2022 as NATIONAL PUBLIC SAFETY PEACE OFFICERS MEMORIAL WEEK in Apache Junction, Arizona and urge all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together to make Apache Junction a safer, stronger, more caring community. I also proclaim May 15th, 2022 PEACE OFFICER MEMORIAL DAY in honor of the Federal, State, and Municipal Officers who have been killed or disabled in the line of duty. I further direct the officials of the Apache Junction City Government to display at half-staff, the flag of the United States, on all Government buildings. Signed and attested to this _____ day of __________, 2022. WALTER “CHIP” WILSON Mayor ATTEST: JENNIFER PENA City Clerk Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-252 Agenda Item No. 6. Agenda Date: 5/3/2022 Sponsor: Chip Wilson In Control: City Council MeetingIndex: Brief summary of intergovernmental updates from mayor and councilmembers. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-253 Agenda Item No. 7. Agenda Date: 5/3/2022 Sponsor: Bryant Powell In Control: City Council MeetingIndex: City Manager's Report. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-292 Agenda Item No. 8. Agenda Date: 5/3/2022 Sponsor: Bryant Powell In Control: City Council MeetingIndex: Introduction of new Development Services Director, Rudy Esquivias. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-254 Agenda Item No. 9. Agenda Date: 5/3/2022 Sponsor: Al Bravo In Control: City Council MeetingIndex: Announcement of current events. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-258 Agenda Item No. 10. Agenda Date: 5/3/2022 Sponsor: Kelsey Schattnik In Control: City Council MeetingIndex: Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1523 (case P-22-10-PZ) an Ordinance of the Mayor and City Council of the City of Apache Junction, for a proposed planned development major amendment request by Axiom Care, represented by Rose Law Group, PC, of the property at 150 N. Ocotillo Drive, located north of the northwest corner of N. Ocotillo Drive and Apache Trail, zoned General Commercial by Planned Development (B-1/PD), in order to construct a new three-story treatment facility. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 City of Apache Junction Development Services Department Date: April 20, 2022 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Interim Development Services Director From: Kelsey Schattnik, Planner Subject: May 3, 2022, City Council Public Hearing Item: P-22-10-PZ (Ordinance No. 1523, Resolution No. 22-14) Presentation, discussion, public hearing and consideration of a Planned Development Major Amendment of Axiom Care, located at 150 N. Ocotillo Drive. Background This is a proposed Planned Development (“PD”) Major Amendment by Axiom Care of the property at 150 N. Ocotillo Drive. The property is located approximately 300 feet north of the northwest corner of N. Ocotillo Drive and W. Apache Trail. The applicant is requesting the PD Amendment to construct a new, three-story treatment facility onsite. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on April 12, 2022 (planning staff report and exhibits attached). The Planning and Zoning Commission voted 7-0 to recommend approval of P-22-10-PZ. The conditions authorized under Ordinance No. 1523 were drafted with the commission’s recommendation. Resolution No. 22-14 adopts the document entitled “Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described as and located at 150 N. Ocotillo Drive, Apache Junction, Arizona” as public record. Staff Recommendation Staff recommends approval of rezoning case P-22-10-PZ subject to the conditions found in the P&Z Staff Report and authorized under Ordinance No. 1523. Attachments:  Draft Ordinance No. 1523  Resolution No. 22-14  Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described as and located at 150 N. Ocotillo Drive, Apache Junction, Arizona  P&Z Staff Report from April 12, 2022 with all attachments XW W APACHE TRLN DELAWARE D R S D E LAWA RE DR N OCOTILLO DR W GRE GORY S T S MAIN DR S GRAND DR 150 NOCOTILLO DR MHP B-2 RVP RS-10M B-1/PD RVP RS-10M RS-10M B-2/PD B-2/PD V i c i n i t y M a p P -2 2 -1 0 -P Z APN 1 0 1 -0 3 -0 2 5 A Planned Development Major Amendmentto add a new, three-story treatmentfacility at 150 N. Ocotillo Drive Date: 3/9/2022 ±0 100 20050Feet Subject Sites ' r ORDINANCE NO. 971 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-96-13 FROM GR (GENERAL RURAL, 1.25 ACRES MINIMUM PARCEL SIZE, LOW DENSITY RESIDENTIAL) TO C-3/PD (GENERAL COMMERCIAL/PLANNED DEVELOPMENT); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL The zoning district classification on the Zoning District Mao. City of Apache Junction. Arizona, for the parcel of land described as: Clyton Subdivision, Lots 30, 31 and 32 Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. be and hereby is amended from GR (General Rural, 1.25 acre minimum parcel size, low density residential) to C-3/PD (General Commercial/Planned Development), subject to the following stipulations: 1. A revised site plan shall be prepared showing the application of all development requirements to the entire parcel. Said revised site plan shall be reviewed by the Planning and Zoning Commission and City Council prior to application for any permits. 2. Ordinance 940 requirements for landscaping and screening must be applied to the entire 2.11 acre parcel. 3. The internal flow of traffic on the parcel shall be reoriented to one-way only, restriping of the east/west parking spaces shall be required to encourage the one-way traffic flow. 4. The ingress and egress lanes shall be reduced to a width of 15 feet and posted/painted appropriately as entrance only, exit only, one-way. S. Off-site improvements are required and include, but are not limited to, curb, gutter, sidewalk, driveways, pavement repair and streetlights. Ordinance No. 971 Page 1 of 3 SH 1 6. On-site retention will be required and a complete hydrology study of the parcel shall be included with the building permit application. 7. The architectural style, color, and exterior materials shall be complementary to the evolving southwest territorial development taking place elsewhere within the community. The final plans and elevations of the proposed structure shall be reviewed and approved by both the Planning and Zoning Commission and City Council prior to_issuance of any permits. 8. A buffer wall eight (8) feet in height shall be erected in the following manner: Phase I: shall include the entire west property line with a five (5) foot "wrap around" at the intersection of the north property line; and a portion of the northern property line as depicted on the phasing map included as Attachment A. Phase II: Bonding shall be permitted for the remainder of the buffer wall. Construction of the remaining wall must be completed within 12 months of the date of issuance of the certificate of occupancy for the new facility. 9. Should the parcel identified as Pinal County Assessor's Parcel Number 101-03-058B,the Arizona Water Co. water sales site, be rezoned to a commercial designation Prior to the end of the bonding period identified in Phase II above; then the requirement for a buffer wall eight (8) feet in height along the shared property lines will be become null and void. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance, or any part of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 5TH DAY OF NOVEMBER 1996. ORDINANCE NO. 971 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS 113TH DAY OF DECEMBER 1996. MA Mayor ATTEST: City Clerk APPR VV 0 1 Cit Attorn y ORDINANCE NO. 971 PAGE 3 OF 3 pPACHE� U � 1r.hM�Z i t� `'pity oe p4pacheunction �aIZOVA DEPARTMENT OF DEVELOPMENT SERVICES MEMORANDUM DATE: OCTOBER 25, 1996 TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: CURTIS SHOOK,CITY MANAGER THROUGH: LARRY HARMER,DIRECTOR THROUGH: JIM NAKAGAWA, PLANNING MANAGER FROM KATE MORRIS,ASSOCIATE PLANNER SUBJECT: AGENDA ITEM-NOVEMBER 5, 1996 CASE NO.PZ-96-13 AND PROPOSED ORDINANCE NO.971 REQUEST: This is an application requesting the rezoning of approximately 2.11 acres from GR(General Rural,1.25 acre minimum lot size, single family residential)to C-3/PD(General CommerciaVPlanned Development)for the purpose of expanding the existing Superstition Mountain Mental Health Care facilities by constructing a new 6550 square foot building. LOCATION The subject property is located at 150 N.Ocotillo Drive and is identified as Assessor's Parcel Number 101-03-025A. The legal description of this property is as follows: Clyton Subdivision,Lots 30,31 and 32 Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona. APPLICANT: Superstition Mountain Mental Health Care,Inc.(SMMHC, Inc.) Represented by Kaye M. Fisher 1DO1 N.IDAHO ROAD • APACHE JUNCTION.ARIZONA 85219-2899 (Voice)(602)982-8002•Fox:(602)982.7018 or 7010 •C(DD)(602)983.0095 EXISTING PROPERTY USES: The subject property is currently developed with two existing structures being utilized as Mountainside Psychiatric Acute Care and Out-patient/Administration Services. This site is the former Pinal County complex and the Crisis Care Facility is located in what was formerly the Sheriffs Department. North: Arizona Water Co.,distribution site,GR(General Rural) South: Commercial,CB-2(Business Commercial) East: Manufactured Home,GR West: Manufactured Home,GR NEXUS TO GENERAL PLAN: The General Plan indicates commercial use in this area. The proposed rezoning of this parcel would be in compliance with the General Plan. ANALYSIS: The subject property is currently occupied by a non-conforming use. The type of use, mental health services and clinic,can be conducted in any zoning designation with a conditional use permit under the operation of"hospital,clinic,or institution"[Section 6.0101.51,City of Apache Junction Zoning Ordinance]. A conditional use permit is required for operation of a clinic in the GR zone. However,in reviewing the case records within the Development Services Department no conditional use permit was found for this location. It would appear that the SMMHC facilities were established without any use permit process being conducted. The proposed rezoning will rectify this situation. The activities could continue under a conditional use permit,however,with the desire of SMMHC to include administrative offices on this site the rezoning clearly allows the entire scope of activities proposed for the site and is not as limiting as a conditional use permit for clinic activities. The site plans submitted with the application indicates a 6550 square foot building proposed for the eastern portion of the property. The applicant has chosen to apply Ordinance 940 requirements to only the area immediately adjacent to the proposed structure. The entire site is a total of 2.11 acres,of this 0.4 acre encompasses the proposed development leaving the remaining 1.71 acres of existing development. When a parcel is rezoned the entire parcel is subject to all Ordinances and development requirements. Such development requirements would include,but not be limited to: • An buffer wall 8 feet in height along the north and west property lines • Application of Ordinance 940 landscaping requirements Off-site improvements such as curb,gutter,sidewalk and paving • On-site paving • Retention Staff has been contacted by the owner of Sundowner MHP,directly to the west of the subject property,expressing concerns on two issues: 1) Periodic incidences of Acute Care patients,in shackles,escaping and trespassing through the A1HP. Apparently the chain link fence was erected to preclude this from happening. However,the residents and owner of Sundowner MHP are very concerned about this happening and the safety of all involved. Staff informed the owner that the rezoning would require a masonry or block wall,8 feet in height,along the north and west property boundaries as part of the buffering requirement between residential and commercial uses. 2) Drainage from the subject property currently flows into and through Sundowner'MHP according to the park owner. It was requested that the drainage situation be considered in the rezoning request. Staff informed the park owner that drainage and hydrology studies will be required as part of the building permit process for any new structures and that the Engineering Department would be apprised of the situation for review. Over all evaluation of the proposal includes,but is not limited to,the following issues: 1. Parking requirements for the site- Existing structures 10,260 SQFT= 51.3 parking spaces required. Proposed expansion 6550 SQFT= 32.75 parking spaces required TOTAL PARKING SPACES REQUIRED= 84 SPACES PROVIDED ON SITE PLAN=91 [2 ofthese being accessible spaces] 2. Ordinance 940 requirements for landscaping and screening must be applied to the entire 2.11 acres. It is noted that the existing.Acute Care building is nonconforming in light of currently required setbacks. Strict application of landscaping requirements may not be feasible due to existing nonconformity's on the parcel. Ordinance 940 does have an appeal process built into the document to specifically address nonconforming or unique situations. Appeals of Ordinance 940 are heard by the City Council An appeal of Ordinance 940 could be incorporated into the rezoning request prior to the request being considered by the City Council. 3 The Engineering Department strongly suggests that the internal flow of traffic on the parcel be reoriented to one-way only,restriping of the east/west parking spaces to encourage the one-way traffic flow. 4. Off-site improvements are required and include,but are not limited to,curb, gutter,sidewalk,driveways,pavement repair and streetlights. 5. On-site retention will be required. A Protest Petition was filed regarding this case by the property owners directly to the west,Palo Verde Properties,Inc.,Henry Herrmann,President. The Herrmanns also prepared a written response to the rezoning request dated October 15. 1996, A copy of the written comments from the Herrrnanns is included in this packet. The City Council,at its meeting of October 15, 1996,conducted a public hearing on this item. The Council chose to continue this issue until the November 5th meeting to allow the applicant additional time in which to make an alternative proposal to the eight foot tall buffer wall required on the west and north sides of the parcel. Staff was contacted by a member of SMMHC's design team on October 23, 1996,regarding buffer wall requirements and the method by which the height of the wall will be measured. The height is measured with reference to . "The elevation of the highest adjoining sidewalk or ground surface within five(5)feet horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten(10)feet above the lowest grade... [Definition of building height.Section 5 0101 of the Zoning Ordinance--I As of the date of this staff report no additional information or design options had been submitted for consideration. RECOMMENDATION At its meeting of September 24, 1996,the Planning and Zoning Commission unanimously voted to recommend approval of Case No. PZ-96-13 subject to the following stipulations: 1. A revised site plan shall be prepared showing the application of all development requirements to the entire parcel said revised site plan shall be reviewed and approved by the Planning and Zoning Commission and City Council prior to application for any permits. 2. Ordinance 940 requirements for landscaping and screening must be applied to the entire 2.1 1 acre parcel. 3 The internal flow of traffic on the parcel shall be reoriented to one-way only, restriping of the east/west parking spaces shall be required to encourage the one- way traffic flow. 4. The ingress and egress lanes shall be reduced to a width of 15 feet and posted/painted appropriately as entrance only, exit only,one-way. 5. Off-site improvements are required and include,but are not limited to,curb, gutter,sidewalk,driveways,pavement repair and streetlights. Public Participation Plan PD Amendment (#P-22-10-PZ) Axiom Health Care Expansion 150 North Ocotillo Drive Apache Junction, Arizona Prepared By: Madelaine Bauer, Attorney 7144 E. Stetson Drive, #300 Scottsdale, AZ 85251 480-505-3938 Project Proposal The following documents citizen notification efforts for the proposed Axiom Health Care Expansion (Case # P-22-10-PZ) a 6,000 square foot per floor structure located just north of the northeast corner of the intersection of Apache Trail and Ocotillo Road (the “Site”). This application is asking to amend the previously approved Planned Development (“PD”) on the property, B-1/PD, with a PD Amendment based on the following deviations from the original plan: (i) building location; (ii) building height; and (iii) parking requirement deviation. Possible Impacts Axiom Care of Arizona is seeking to create a first-of-its kind Therapeutic Community, in Apache Junction, to make substance abuse treatment more accessible and more effective for this area. The facility will provide a safe and sober community environment where patients can receive treatment and develop new, healthy habits before transitioning to long-term housing. Axiom Care has met with several officials in Apache Junction and Pinal County who are enthusiastic about their services, including Mayor Wilson and former Councilman Briggs. Additionally, Representative David Cook and Pinal County Attorney Kent Volkmer, who helped receive support from the Governor’s office, cited this project as a very much needed and long overdue facility in Pinal County to address the every-growing substance abuse problem in our communities. Notification Area Map Attached is a map of the 300-foot notice area within which all property owners will be notified of the requests. Contact Methods & Public Input Notification letters for the initial neighborhood meeting were mailed via First Class U.S. Mail on January 6, 2022, to the property owners listed on the Notification Area Map within 300 feet. The letter contained information regarding the background of the request along with an invitation to join the Development Team for an Open House meeting on January 25, 2022, at the Multi-Generational Center located at 1035 N Idaho Rd, Apache Junction, AZ 85119. A copy of the letter, meeting photos, and meeting sign in sheet is attached. Addressing Issues Raised through Staff and the Public As mentioned above, there has been an immense amount of support for this project, including support from the governor. The only issue raised by Staff was regarding how the community members may be concerned with the request for three stories. However, Axiom Care has explained to Staff the height and number of stories are critical for the trauma-informed care that Axiom Care plans to offer. Specifically, the height of ceilings must be over 10 feet because the trauma- informed design model specifies that for this type of care facility a ceiling height of 10 feet will allow for optimal care for these patients. It is necessary for the best possible care that the City approve an overall building height of 38 feet. This trauma-informed care approach will be addressed and explained at the neighborhood meeting. Further, Staff noted their concerns with neighborhood opposition due to the request for three stories. However, there has been no neighborhood opposition regarding the request for three stories, and no comments on the height of the proposed building. Ongoing Neighborhood Communication Interested neighbors and property owners will continue to be encouraged to contact the Applicant’s local representative with any questions, comments and/or issues about the request and/or schedule and individual meeting if they desire. Comments & Correspondence Received On January 14, 2022, we received a phone call from Adele Federico who lived in the public notification area and called to receive more information on the project. We informed Adele that the same use will be occurring on the property, and this is expansion is to allow Axiom Care to offer their services to more patients. There was only one attendee at the Open House held on January 25, 2022. Frances McGregor owns a business located at 2244 W Apache Trail located just south of the property. Her only concern was that the proposed PD Amendment would expand into her lot and was attempting to take her property. During project design, Axiom mgmt. had reached out and inquired if she would be interested in selling her lot. After she was informed that that was not the intent of the PD Amendment, she had no concerns regarding the use on the property and the proposed new building. On Monday, February 22, we followed up with Frances McGregor who owns the business located at 2244 W Apache Trail located just south of Site. She was concerned that this expansion on the current site had nothing to do with purchasing her property and she wanted to make sure everyone on the Axiom Care Team was on the same team. We confirmed with Frances that we discussed with Axiom Care that although this PD Amendment expansion will not include purchasing her property, this PD Amendment would not affect any other conversations she may have had with Axiom Care on other projects. Overall, Frances let me know that she had no red flags with the use and expansion on the Site through this PD Amendment and would reach out if she had any questions. On Monday, February 22, we also followed up with Adele Federico by giving her a phone call. She did not answer, so we left her a detailed message and callback number to remind her that she can call or email if she has any questions. Any additional comments and feedback received will be documented and submitted to the City of Apache Junction in an updated Citizen Participation Report prior to the first public hearing. PINAL COUNTY Community Development Zoning Codes 2 jimoaozsn x q - snerraeera �al�mr,o,o� - °'°, '° ,0ana 'slyness0za 24 101020899 la Sc li v EeleReraeaRM1mreraa�m,tem a ,, -� 101030tok 1o10209o, ,a„�,an �F iamaozsn x 4 °i °ti' 0„,02, ,0,2, ,0,020„0 00p� 1 24r ���-I — ,0,0,0„0 mxmmn ,� ,0,M0„a p„a „so,. 1111, pnppry0search d-n0n� rT1 I(T1 0 ,0„r0„0 11- 300 Fea � I gtltlremreLeyer 127 +mmo,00 127 j e of e,•� o w,mv mnsmm FTOPertyM it , on"C ormet " w,wv' o smeo PDFlebelim25181nd�ea,--30 per pe9e _> m,oxos o,axo,7G ,Gm2074G mmm�o � � � a _, J to ;o o„ 1H �� ddreae . d_, v .ammeom��e. 102ao, ,o,0p,00 N50„a 0„50,0 no,,,, „a,o,o,e„o,o r �� ® L �� fn0a liiiil P� 1G1270920 101270950 1 1270 101250040 101250V [E - I Slgl.rl MHP 10102DMC 101150410 EA moos° wo,a 10105,,,F , ,,o C21170 ,e.0„o ' onon7Eo,A,o„a „aM1a �,a �'e M. W pa M1e itl Ip xn,e, muo, �n n, ion ee,n pa,r000, =Hf Community Mepe ComIionore,®Opeo4renMep,Mio,,,ft E,,,HERELGavmrySef,GrepF MADELAINE A. BAUER 7144 E. Stetson Drive, Suite 300 Scottsdale, AZ 85251 Phone 480.240.5644 Fax 480.505.3925 mbauer@RoseLawGroup.com www.RoseLawGroup.com January 6, 2022 Dear Property Owner, Neighborhood Association Representative, or other Interested Party: The purpose of this letter is to inform you that Rose Law Group, on behalf of Axiom Care LLC (“Axiom Care”), has filed an application (P-21-77-PDR) for a Planned Development Amendment to the existing Plan of Development (Case # PZ-96-13; Ordinance No. 971) on the property located just north of the northwest corner of Apache Trail and Ocotillo Drive, at 150 N. Ocotillo Drive, APN 101-03-025A. Please find a vicinity map attached showing the location of the property. Amending the previously approved Plan of Development will allow Axiom Care to redevelop the site with the addition of a new three-story rehabilitative care facility. Our team would like to invite you to an Open House meeting to learn more about the project. Our team will be available to answer any questions and provide details on the project. Tuesday, January 25, 2022 Anytime between 5:30PM – 6:30PM In the Art Room at Apache Junction Multi-Generational Center 1035 N Idaho Rd, Apache Junction, AZ 85119 Please send public comments directly to mbauer@roselawgroup.com or call 480-240-5644 to discuss the project in more detail. Additionally, you may contact the Apache Junction Planning staff assigned to this case by mailing public comments to Kelsey Schattnik at 300 E. Superstition Boulevard, Apache Junction, AZ 85119. You may provide public comment over the phone or in writing by referencing Case #P-21-77-PDR. All public comment will be made part of the case file. Please be advised that this case is not currently scheduled for a public hearing before the City of Apache Junction Planning and Zoning Commission, or the City Council. You will receive a subsequent notice identifying the date and location of the public hearings once they have been scheduled. Again, I am available and happy to answer any questions or hear any comments you may have regarding this proposal. Sincerely, Madelaine A. Bauer Madelaine A. Bauer Associate Enclosure: Vicinity Map Axiom Healthcare PD Amendment -Vicinity Map Apache Trail Oc o t i l l o Dr. De l a w a r e D r . Ir o n w o o d D r . Pa l o V e r d e D r . Sa g u a r o D r . Me r i d i a n D r . 150 N. Ocotillo Drive N w 1 lot l Vt pe It 41 IV IV f 49 VI alb J !7 ti�as Jp > ✓ / n / . J - - _ , F ]gCC.ry tn_f 114 It r. _ows . r ctt.� 'F, s „ 4 to ✓ . ! !Vt Vol 1p It 41� pope +�,`� ,�: �� Y �C1; Ll y�':�F ^e'l tYT Yt' s. � �4k. . ,l . ti:• f , Y`�� :.mi - - " !' . , '�,. �t rr s'!` y ..e - i.F. ♦ :..e, .. . fir , � r At At : Ilk Ls ; pppp 1 I • 1 � 1 if IF EV PI % .16 '4 F ■ . 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ZOOM i ass at ON loll % W � ooW � l so lot 0 ,10 Abi aN if Wi it i — 7S� ' - - . i - - .• I P 'i I 1 11 iL lF im • it Ai VA d lf to d to IF AXIOM CARE I Open House Meeting Sign-in Sheet 1035 N Idaho Rd, Apache Junction, AZ 85119 Tuesday, January 25, 2022 #P-21-77-PDR �- YIN to Name Address Email Phone receive project updates j=rci,1e_es ��6-re,50,- 22-gq w, ,V4che ire ) �ii-ur�cr �p�iv..y',IA1'l�frvT �i%eg ,cea•►�► -, -�� SUMMIT AXIOM CARE 150 NORTH OCOTILLO ROAD Apache Junction, Arizona Parking Analysis December 2021 Prepared for: _ AXIOM CARE Ee one Q ti For Submittal to: �� ` 17711 �0 APACHE JUNCTION m PAUL BASHA �ti\ Prepared by: Paul E. Basha, PE, PTOE 619ned 20N'A, v s Office: 480.505.3931 �kpires 0313A� pbasha@summitlandmgmt.com SUMMIT LAND MANAGEMENT 7144 E Stetson Drive Suite 300 Scottsdale Arizona 85251 Axiom Care Parking Analysis Page ii Table of Contents Executive Summary .............................................................................................................................. 1 Introduction ....................................................................................................................................... 1 Results .............................................................................................................................................. 1 Recommendation .............................................................................................................................. 1 Introduction ........................................................................................................................................... 2 Parking Demand ................................................................................................................................... 3 City of Apache Junction Required Parking ........................................................................................... 4 Institute of Transportation Engineers Required Parking ....................................................................... 5 Parking Occupancy Counts .................................................................................................................. 5 Actual Parking Occupancy Required Parking ....................................................................................... 7 Conclusions .......................................................................................................................................... 7 List of Figures Figure 1: Existing and Proposed Axiom Care Property ........................................................................ 2 Figure 2: Axiom Care Property General Vicinity ................................................................................... 3 List of Tables Table 1: Parking Generation Manual Data Statistics for Nursing Homes ............................................. 5 Table 2: Axiom Care Parking Demand by Parking Generation Manual Rates ..................................... 5 Table 3: Axiom Care Parking Count ..................................................................................................... 6 Table 4: Axiom Care Parking Demand by Actual Axiom Care Parking Rates ...................................... 7 Table 5: Parking Generation Manual Statistics ..................................................................................... 7 Attachment City of Apache Junction Zoning Ordinance Parking Requirements Axiom Care Parking Analysis Page 1 Executive Summary Introduction Axiom Care proposes to construct a new building on its current property at 150 North Ocotillo Drive in Apache Junction. The facility will continue to provide rehabilitation medical care. Results The City of Apache Junction Zoning Ordinance requires 27 parking spaces for the Axiom Care facility at 150 North Ocotillo Drive with its new 18,000-square-foot building. The Institute of Transportation Engineers publication, Parking Generation Manual suggests that the Axiom Care facility at 150 North Ocotillo Drive with its new 18,000-square-foot building; 40 employees; and 84 beds; requires a minimum of 31 parking spaces. The actual parking demand rate at the existing Axiom Care facility at 150 North Ocotillo Drive requires a minimum of 32 parking spaces for its new 18,000-square-foot building; 40 employees; and 84 beds. Recommendation Axiom Care should provide a minimum of 32 parking spaces for its facility at 150 North Ocotillo Drive with its new building. Axiom Care is providing 41 parking spaces for its facility at 150 North Ocotillo Drive with its new building. Axiom Care Parking Analysis Page 2 Introduction Axiom Care proposes to construct a new building on its current property at 150 North Ocotillo Drive in Apache Junction. The facility will continue to provide rehabilitation medical care. The operating hours are 24 hours-per-day for 7 days-per-week for 52 weeks-per-year. There will be two employee (2) shifts. The day shift will be 10 counselors, nurses, cooks, and support personnel. The night shift will be 4 people. The existing building will be for administrative use, and will not increase either the number of patients or the number of employees. The Axiom Care current facility located at 150 North Ocotillo Drive provides 24 detoxification beds, has unique parking requirements due to the nature of the clients they serve within the community. The new building will provide an additional 60 beds, for a total of 84 beds on property. The 2nd floor will be a 36-bed residential unit with patient stays to a maximum of 45 days. The 3rd floor will be a 24-bed detoxification unit with patient stays to a maximum of 7 days. The ground floor will serve as support space for the upper two floors. Axiom Care offers paid ride-share to all patients. Over 95% of the client base utilize ride- share transportation to arrive at the facility. The remaining clients arrive by means other than patient-driven vehicles. Patients will not have cars at the facility. The parking is utilized exclusively by internal personnel or visiting physicians. The immediate site vicinity is indicated in Figure 1, and the general vicinity is provided in Figure 2. Figure 1: Existing and Proposed Axiom Care Property N Oc o t i l l o D r i v e Axiom Care Parking Analysis Page 3 Figure 2: Axiom Care Property General Vicinity Parking Demand The definitive reference for determining parking demand is the Institute of Transportation Engineers publication, Parking Generation Manual, 5th Edition, published in 2019. This document provides counted parking demand data for existing developments throughout the United States and Canada, from 589 individual sites, from 1965 through 2018. The parking demand data are provided for 121 land use categories separated into 10 major land use categories. The parking demand is dependent upon independent variables defined by the characteristics and size of each land use category. These data can be utilized to determine the parking demand for proposed developments. The provided parking demand statistics typically consist of minimum, 33rd percentile, average, 85th percentile, and maximum parking rates as well as 95th confidence interval and standard deviation. Apache Trail Oc o t i l l o D r i v e West Virginia Street Pa l o V e r d e D r i v e Sa g u a r o D r i v e Pa l o V e r d e D r i v e De l a w a r e D r i v e N Axiom Care Parking Analysis Page 4 City of Apache Junction Required Parking The Attachment provides the City of Apache Junction parking requirements from the Zoning Ordinance. The City of Apache Junction Zoning Ordinance includes Parking Standards in Section 1-7-3. Table 7-3 lists the number of parking stalls required for different building classifications. The City of Apache Junction Pre-Application Comments dated 13 September 2021 suggest that the Axiom Care facility should adhere to parking requirements for “Medical Offices and Clincs” of 1 space per 200 square feet of gross floor area. The Institute of Transportation Engineers publication Parking Generation Manual, 5th Edition, provides the following definition of a Medical / Dental Office Building on page 494. “A medical-dental office building is a facility that provides diagnoses and outpatient care on a routine basis but is unable to provide prolonged in-house medical and surgical care. One or more private physicians or dentists generally operate this type of facility.” The Medical / Dental Office Building definition does not accurately describe the Axiom Care facility. The Institute of Transportation Engineers publication Parking Generation Manual, 5th Edition, provides the following definition of a Nursing Home on page 442. “A nursing home is any facility whose primary function is to provide care for persons who are unable to care for themselves. Examples of such facilities include rest homes, chronic care, and convalescent homes. Skilled nurse and nursing aides are present 24 hours a day at these sites. Residents often require treatment from a registered healthcare professional for on-going medical issues. A nursing home resident is not capable of operating a vehicle. Parking demand is entirely generated by employees, visitors, and deliveries.” Of the 30 listed Apache Junction Zoning Ordinance building classifications, the Parking Generation Manual, 5th Edition definition of Nursing Home accurately describes the Axiom Care. The Apache Junction requirement for a nursing home is one parking space per 3 beds. Therefore, in accordance with the Apache Junction Zoning Ordinance, the Axiom Care expanded facility of 80 beds, should provide 27 parking spaces. Axiom Care Parking Analysis Page 5 Institute of Transportation Engineers Required Parking The Parking Generation Manual, 5th Edition, provides three (3) separate independent variables to estimate parking demand at Nursing Homes, the type of facility provided by Axiom Care. These are number of employees, number of beds, and building area. (Data are also provided for dwelling units and occupied dwelling units – though these independent variables are not appropriate for the Axiom Care facility as their facility does not include dwelling units.) Data are provided for both Monday through Thursday and for Sunday, though more data locations are provided for Monday through Thursday. Table 1 provides statistics for the Parking Generation Manual, 5th Edition, Nursing Home data. Table 1: Parking Generation Manual Data Statistics for Nursing Homes INDEPENDENT VARIABLE DATA POINTS AVERAGE RATE Employees .............................................. 19 .......................................... 0.67 Beds ....................................................... 10 ......................................... .0.36 Thousand Square Feet ........................... 19 .......................................... 0.72 Table 2 provides the calculation of the parking demand for the expanded Axiom Care facility based on the Parking Generation Manual, 5th Edition, average rates. Table 2: Axiom Care Parking Demand by Parking Generation Manual Rates Therefore, in accordance with the Parking Generation Manual, 5th Edition, data and methodology, the Axiom Care expanded facility should provide 31 parking spaces. Parking Occupancy Counts On Saturday, 18 December 2021, Field Data Services of Arizona, Inc. counted the number of parking cars at 150 North Ocotillo Drive at 30-minute intervals for 14 hours. Axiom Care has stated that the number of employees at the facility remains constant throughout the week, month, and year. Therefore, a Saturday in December parking occupancy count is representative of every day for the entire week, month, and year. Table 3 provides the results of the parking count. PARKING DEMAND VARIABLE UNITS SIZE RATIO SPACES Employees Number 40 0.67 27 Beds Number 84 0.36 31 Area 1,000 square feet 18 0.72 13 MAXIMUM 31 Axiom Care Parking Analysis Page 6 On Saturday, 18 December 2021, 14 employees were present (10 during the day and 4 during the night) and 24 beds were at the facility. The current building area is 10,000 square feet. Table 3: Axiom Care Parking Count The maximum occupied parking spaces of nine (9) occurred at 11:00 AM. Therefore, actual Axiom Care parking demand is 0.64 parking spaces per employee, 0.375 parking spaces per bed, and 0.90 parking spaces per square foot. These actual parking rates conform very closely to the Institute of Transportation Engineers Parking Generation Manual, 5th Edition average parking rates for Nursing Homes. OCCUPIED TIME SPACES 6:00 AM 3 6:30 AM 4 7:00 AM 5 7:30 AM 3 8:00 AM 3 8:30 AM 5 9:00 AM 5 9:30 AM 5 10:00 AM 7 10:30 AM 8 11:00 AM 9 11:30 AM 4 12:00 PM 5 12:30 PM 5 1:00 PM 5 1:30 PM 3 2:00 PM 4 2:30 PM 3 3:00 PM 3 3:30 PM 3 4:00 PM 3 4:30 PM 3 5:00 PM 3 5:30 PM 3 6:00 PM 3 6:30 PM 3 7:00 PM 4 7:30 PM 2 8:00 PM 2 Axiom Care Parking Analysis Page 7 Actual Parking Occupancy Required Parking Utilizing the measured parking demand rates based upon the 18 December 2021 parking occupancy counts are provided in Table 4. Table 4: Axiom Care Parking Demand by Actual Axiom Care Parking Rates Conclusions The expanded Axiom Care facility should provide a minimum of 32 parking spaces. The planned expanded Axiom Care facility will provide 41 parking spaces. This is a parking rate of 1.025 per employee, 0.488 per bed, and 2.278 per 1,000 square feet. Table 5: Parking Generation Manual Statistics INDEPENDENT AVERAGE 85th PERCENTILE MAXIMUM VARIABLE RATE RATE RATE Employees .................................. 0.67 ....................... 1.32 ........................ 1.63 Beds ........................................... .0.36 ....................... 0.51 ........................ 0.57 Thousand Square Feet ............... 0.72 ....................... 1.30 ........................ 1.47 The Axiom Care provision of 41 parking spaces is approximately the 79th percentile employee rate and approximately the 83rd percentile bed rate for Nursing Home provided in Parking Generation Manual, 5th Edition. The Axiom Care provision of 41 parking spaces exceeds the maximum building area rate for Nursing Home provided in Parking Generation Manual, 5th Edition. Attachment: City of Apache Junction Zoning Ordinance Parking Requirements PARKING DEMAND VARIABLE UNITS SIZE RATIO SPACES Employees Number 40 0.640 26 Beds Number 84 0.375 32 Area 1,000 square feet 18 0.900 17 MAXIMUM 32 12/21/21, 4:16 PM https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/ https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/1/8 ARTICLE 1-7: PARKING, LOADING AND CIRCULATION REGULATIONS Section 1-7-1 Intent 1-7-2 Application 1-7-3 Parking standards 1-7-4 Modifications and appeals 1-7-5 Loading facility standards 1-7-6 Private street standards § 1-7-1 INTENT. This chapter of the Zoning Code is intended to provide for adequate off-street parking spaces and help prevent congestion of city streets. Proper design of, and access to, parking facilities shall be required in order to protect the public health, safety and welfare. (Ord. 1402, passed 5-6-2014) § 1-7-2 APPLICATION. Existing parking, loading and circulation areas that were legally established prior to the effective date of this Chapter are allowed to continue. However, new development, or redevelopment and/or additions where 50% or more expansion of the existing building floor area occurs, shall be subject to these parking regulations. (Ord. 1402, passed 5-6-2014) § 1-7-3 PARKING STANDARDS. (A) Number of stalls required. Vol. II, § 1-7-6, Table 7-3 sets forth the minimum number of required parking spaces for different land use types. (B) Uses not identified in Table 7-3. The Zoning Administrator shall determine the parking requirement for uses that do not closely correspond to the categories listed in Vol. II, § 1-7-6, Table 7- 3. In such instances, the applicant shall provide the following information for staff review and determination: (1) Explanation of proposed uses; (2) Number of employees; (3) Building design capacity; (4) Gross floor area (square feet); (5) Proposed on-site parking spaces; (6) Proposed off-site parking spaces; (7) Hours of operation; and (8) Analysis of proposed parking demand. 12/21/21, 4:16 PM https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/ https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/2/8 (C) Parking stall size. Parking stall and aisle dimensions shall comply with Vol. II, § 1-7-6, Table 7- 1. (D) Multiple uses. Where there are multiple uses within a structure or property, the minimum standards shall apply to each use, except as provided in Vol. II, §§ 1-7-3(G) and 1-7-3(H) regarding shared parking facilities. (E) Parking location. (1) Business and multi-family zoned properties. Parking shall only be allowed in approved parking spaces and shall be located on-site, except as provided below in Vol. II, § 1-7-3(G). Parking spaces shall be located and designed to prohibit backward movement of a vehicle onto a public right- of-way, except for single-family and duplex dwellings. Bumper guards or wheel barriers shall be used in multi-family and non-residential parking areas to prevent a parked vehicle from projecting into a public right-of-way, adjoining property or sidewalk. (2) Single-family and duplex residential properties. Parking for passenger vehicles shall be limited to the driveway and to the side of the house. Passenger vehicles, trailers, recreational vehicles, boats, all-terrain vehicles and other types of vehicles and equipment shall not be parked or stored in the front yard, except for the driveway. (F) Large trucks and recreational vehicle parking. One unoccupied recreational vehicle or 1 large truck (e.g., semi or dump truck) less than 24,000 pounds empty weight, which is licensed and operable, may be stored or parked in a residential zoning district in the side or rear yard behind the front façade of the residence, or in a completely enclosed garage. (G) Off-site shared parking. Off-site/off-street shared parking may be allowed if all of the following conditions are met: (1) The off-site parking facilities are within 100 feet of the property; (2) The Zoning Administrator determines that the total parking demand of all the uses contributing to the parking at any 1 time is less than the total parking stalls required in accordance with the shared parking calculation described in Vol. II, § 1-7-3(H); and (3) A city approved perpetual parking easement/agreement for off-site/off-street parking shall be executed by the parties and recorded in the County Recorder's office. (H) On-site shared parking. Developments which contain a mix of uses on the same parcel may reduce the amount of required parking in accordance with the following methodology: (1) Step 1. Calculate the minimum parking requirements for each use in accordance with Vol. II, § 1-7-6, Table 7-3; (2) Step 2. Multiply the minimum parking amount for each use by the corresponding percentages for each of the 5 time periods set forth in Columns (B) through (F) of Vol. II, § 1-7-6, Table 7-2; (3) Step 3. Calculate the total for each time period; and (4) Step 4. Select the total with the highest value as the required minimum number of parking spaces. (I) Maintenance of parking areas. The maintenance of required parking and loading facilities are continuing obligations of the property owner or tenant. Parking surfaces shall be kept in a clean, safe and well maintained condition. More, specifically, the property owner shall restore the parking surface to its original approved condition if parking surface areas become deteriorated and/or emit dust particles into the air, as determined by the Development Services Engineer. 12/21/21, 4:16 PM https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/ https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/3/8 (J) Use of parking stalls. Required parking spaces shall be available for parking of vehicles of residents, customers, patrons and employees, and shall not be used for inventory storage, extra signage, outside retail sales, servicing or repair unless otherwise authorized by the city. (K) Site plan. A scaled site plan illustrating existing and proposed off-street parking shall be included in an application for development site plan approval and/or building permit where parking is required. The site plan shall include the following: (1) Delineation and size of individual parking spaces and aisles. (2) Circulation area necessary to serve spaces. (3) Driveway openings to streets. (4) Curb and median cuts. (5) Grading, drainage and surfacing details. (6) Delineation of obstacles to parking and circulation within parking area. (7) Specifications as to signs and bumper guards. (8) Landscaping. (L) Access to public streets. Driveways and areas for loading, parking and maneuvering of vehicles for multiple-family residential, business and institutional land use shall comply with Apache Junction City Code, Vol. II, Chapter 10, Engineering Design Guidelines and Policies. (M) Stormwater management. A parking area shall be subject to the runoff, drainage and retention requirements of the Development Services Engineer. (N) Parking lot obstructions. No obstructions of any kind shall be permitted within any designated parking space except for approved landscaping, retention basins, lighting, curbing, walkways or shopping cart corrals. (O) Blocked stalls. No parking space shall be located or used in a manner as to block access to another parking space, except on a parking lot with a parking attendant having access to each vehicle's keys or as part of an approved planned development (PD) rezoning site plan. (P) Lighting. Parking area lighting shall not create unsafe glare to motorists and shall be designed and installed in accordance with Vol. II, Article 1-10. (Q) Signage. Directional signs and pavement markings shall be used to control vehicular movement in a parking area. Signs shall be limited to 2 square feet each, and an aggregate total not to exceed 20 square feet. No sign of any kind other than those indicating entrances, exits, name of establishment to which the parking area is accessory, or conditions of use shall be erected. (R) Surface grade. No driveway over 300 feet long shall exceed a 10% grade, and no driveway shall exceed a 17% grade. (S) Shared access. Common driveways between adjacent properties are encouraged and may be required as a condition of site plan approval. A perpetual cross access and maintenance agreement between the adjoining properties shall be required in a form approved by the City Attorney. (T) Parking lot surface. The following requirements shall apply to loading spaces, maneuvering areas, and driveways for new development or redevelopment and/or additions where 50% expansion of the existing building floor area occurs, shall be surfaced as follows: (1) B-1, B-3, B-4, B-4, RM-1, RM-2 and RM-3 Zoning Districts. Asphalt, concrete or masonry pavers installed at a depth approved by the Development Services Engineer shall be required for new 12/21/21, 4:16 PM https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/ https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/4/8 development or redevelopment and/or additions where 50% expansion of the existing building floor area occurs. (2) B-2 (Old West District). A minimum depth of 3 inches of 1/2 minus compacted decomposed granite or other dust controlling material approved by the Development Services Engineer, and which complies with the American Disabilities Act, shall be allowed. The design and layout of the unpaved parking and circulation area shall be subject to the Zoning Administrator's determination that the unpaved parking area layout provides safe and manageable parking and circulation. (3) Air quality control. Existing and future parking surfaces shall comply with air quality control requirements (i.e., PM-10) as set forth in Ordinance No. 1316, and as amended in the future. (U) Landscaping. Parking lot landscaping shall be designed and installed in accordance with Vol. II, § 1-8-6(E). (V) Accessibility standards. Accessible (persons with disabilities) parking and pedestrian access shall be designed and installed in accordance with the American with Disabilities Act (ADA), as amended. (W) Structured parking. The exterior elevations of any multi-level parking structure must be designed so as to screen or conceal parked cars on the first and second floor from exterior public view. (Ord. 1402, passed 5-6-2014) § 1-7-4 MODIFICATIONS AND APPEALS. (A) Parking standard modification. If the number of proposed parking stalls does not comply with the standards in Vol. II, § 1-7-6, Table 7-3, the Zoning Administrator may reduce the required number of stalls by up to 10% following review and determination of the following: (1) Technical evidence that the proposed use(s) generates a parking demand that is at least 10% less than the required parking standard in Vol. II, § 1-7-6, Table 7-3; and/or (2) Determination by the Zoning Administrator that a portion of the required parking can be accommodated with existing public parking that is available within 100 feet of the property. (B) Appeals. Variances and appeals to the parking standards shall be applied for and processed through the Board of Adjustment and Appeals in accordance with Vol. II, § 1-16-5. (Ord. 1402, passed 5-6-2014) § 1-7-5 LOADING FACILITY STANDARDS. Off-street loading, unloading and the maneuvering of commercial vehicles shall be subject to the following: (A) Circulation. There shall be no loading or unloading of commercial vehicles on the public street. Off-street maneuvering space shall be provided so that no backing onto or from a public street is required. (B) Screened. The loading area shall be screened from adjacent residentially zoned property with a solid 8 foot high wall, and located to minimize visibility from a public street. (C) Size. Off-street loading spaces shall be at least 12 feet wide and 35 feet deep, exclusive of access aisles and maneuvering space. (Ord. 1402, passed 5-6-2014) § 1-7-6 PRIVATE STREET STANDARDS. 12/21/21, 4:16 PM https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/ https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/5/8 (A) Private streets shall be a minimum of 28 feet in unobstructed width of paved surface (back of curb to back of curb, if curbs are installed) with a 20-foot by 20-foot cutoff at intersections or a minimum turning radius of 20 feet. Narrower private streets may be permitted subject to City Council, review and approval. (B) A private street may be permitted where its use is logically consistent with a desire for neighborhood identification and control of access and where special design concepts may be involved, such as within planned development areas, manufactured home developments, subdivisions or with CUPs. (C) Private streets shall be subject to Planning and Zoning Commission recommendation, City Council approval and the following requirements: (1) Paving shall be installed according to City Engineering Guidelines for public residential streets, or in accordance with subdivision regulations, if applicable. Curbs, gutters, sidewalks and streetlights may be required by the Council. Alternative paving surfaces may be permitted by the Development Services Engineer; (2) Other requirements may be imposed by the Council for vehicular and pedestrian safety, utilities and emergency vehicle access; (3) Private streets shall not be allowed if, in the opinion of the City Council, a public street would better serve the public health, safety and welfare, or the location of the private access way presents a potential hazard to vehicular or pedestrian traffic at the intersection of the private street with a public street; and (4) City approvals shall be required for private streets. The design engineer shall be responsible that their design meets the geometrical and structural street design requirements and policies in accordance with general engineering standards. Testing and inspection for conformance of construction to minimum requirements of approved plans shall be the responsibility of the developer, who shall provide the city with proof that the requirements have been satisfied prior to project acceptance. (5) The maintenance of private streets is a continuing obligation of the property owners and/or homeowner's association. Streets shall be kept in a clean, safe and well maintained condition. More, specifically, the property owner and/or homeowner's association shall restore the street to its original approved condition if parking surface areas become deteriorated and/or emit dust particles into the air, as determined by the Development Services Engineer. TABLE 7-1: PARKING STALL AND AISLE DIMENSIONS Angle of Parking Stall Width Curb Length Per Stall Stall Depth One-Way Aisle Width Two-Way Aisle Width Angle of Parking Stall Width Curb Length Per Stall Stall Depth One-Way Aisle Width Two-Way Aisle Width Parallel 9'0"22'0"9'0"12°20° 30°9'0"18'0"17'4"11°20° 40°9'0"14'0"19'2"12°22° 45°9'0"12'9"19'10"13°24° 50°9'0"11'9"20'5"15°24° 12/21/21, 4:16 PM https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/ https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/6/8 60°9'0"10'5"21'0"18°24° 70°9'0"9'8"21'0"19°24° 90°9'0"9'0"18'0"24°24° Note: Up to 20% of the total required parking spaces may be compact spaces with minimum 9' by 16' stall dimensions for 90 degree parking. TABLE 7-2 SHARED PARKING CALCULATOR. (A) Land Use Weekday Weekend (F) Nighttime 12:00 a.m. - 6:00 a.m. (B) Daytime 9:00 a.m. - 4:00 p.m. (C) Evening 6:00 p.m. - 12:00 a.m. (C) Daytime 9:00 a.m. - 4:00 p.m. (E) Evening 6:00 p.m. - 12:00 a.m. Office/Industrial 100%10%10%5%5% Retail 60%90%100%70%5% Hotel 75%100%75%100%75% Restaurant 50%100%100%100%10% Entertainment/ Commercial 40%100%80%100%10% TABLE 7-3: NUMBER OF PARKING STALLS REQUIRED CLASSIFICATION NUMBER OF SPACES REQUIRED1 CLASSIFICATION NUMBER OF SPACES REQUIRED1 Residential Single-family dwelling residential 2 spaces per dwelling unit. 12/21/21, 4:16 PM https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/ https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/7/8 Studio or efficiency residential 1 space per dwelling unit. One-bedroom apartment 1.5 spaces per dwelling unit. Two or more bedroom apartment 2 spaces per dwelling unit. Independent senior housing Based on specific project need as determined by the Zoning Administrator. Assisted living senior housing Based on specific project need as determined by the Zoning Administrator. Nursing home 1 space per 3 beds. Group home Based on specific project need as determined by the Zoning Administrator. Manufactured home or RV in park 1 space per unit space; plus 1 visitor parking space per 10 unit spaces; and parking spaces to meet the needs to any commercial; office or public assembly. Manufactured home in subdivision 2 spaces per dwelling unit. Rooming house or boarding house 1 space per guest room; plus 1 space for resident manager. Commercial Retail and/or Office Sales and Service 1 space for each 300 sq. ft. of gross floor area Restaurant/bar/nightclub (indoor area) 1 space for each 100 sq. ft. of customer accessible area and 8 spaces of stacking in the drive-through area. Stacking shall be from the pick-up/final window back. Restaurant/bar/nightclub (outdoor area) 1 space per 200 sq. ft. of seating/service area outdoors, in addition to required parking for indoor uses. Medical and dental offices/clinics 1 space for each 200 sq. ft. of gross floor area. Lodging (hotel/motel/bed and breakfast) 1 space per room, plus 1 space per 200 square feet of meeting, banquet and restaurant space not solely intended for hotel guests and/or staff. Indoor amusement center (including bowling alleys)1 space per 200 square feet of gross floor area. Funeral home 1 space per 4 seats. Hospital 1.5 spaces per bed. Vehicle service and/or sales 1 space for each 300 sq. ft. of gross floor area for office/display/seating, plus 2 spaces per service bay. Swap meets/farmer's markets Based on specific project needs as determined by the Zoning Administrator. Amusement park, fairground or transient show Based on specific project need as determined by the Zoning Administrator. Arena, stadium, auditorium or theater 1 space for every 5 seats (20 inches of bench or pew shall be considered 1 seat). 1 space per 200 square feet of gross floor area if not permanent seats. Institutional 12/21/21, 4:16 PM https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/ https://export.amlegal.com/api/export-requests/e31a1268-180d-44e9-8038-72015494d55c/download/8/8 Private lodges and clubs (no overnight lodging)1 space per 200 square feet of gross floor area. Religious assembly 1 space for every 8 seats in the principal auditorium (20 inches of bench or pew shall be considered 1 seat). If no fixed seating is provided, 1 space is required for every 50 sq. ft. of sanctuary/primary assembly area. Outdoor recreational facilities Based on specific project need as determined by the Zoning Administrator. Schools 1 space per 200 square feet of gross floor area. Day care/nurseey 1 space per 300 square feet of gross floor area. Library and museum Based on specific project need as determined by the Zoning Administrator. Industrial Industrial and warehousing 1 space per 1,000 square feet gross floor area of industrial, manufacturing and warehouse space, plus 1 space per 300 square feet of office space. 1. Fractional parking stall calculations should be rounded to the nearest whole number. For example, a parking stall requirement for 10.3 stalls should be rounded to 10 stalls, whereas a requirement for 10.7 stalls should be rounded to 11 stalls. (Ord. 1402, passed 5-6-2014) ORDINANCE NO. 1523 PAGE 1 OF 3 ORDINANCE NO. 1523 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, CONDITIONALLY APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE P-22-10-PZ, A REQUEST BY AXIOM CARE, REPRESENTED BY ROSE LAW GROUP, PC, TO CONSTRUCT A NEW, THREE-STORY TREATMENT FACILITY ON A GENERAL COMMERCIAL BY PLANNED DEVELOPMENT (“B-1/PD”) PROPERTY; ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “ZONING CONDITIONS OF CASE NO. P-22-10-PZ AUTHORIZED UNDER ORDINANCE NO. 1523 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF AXIOM CARE FOR THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 150 N. OCOTILLO DRIVE, APACHE JUNCTION, ARIZONA.”; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property located at 150 N. Ocotillo Drive (the “Property”) is a commercially developed property with two structures, and has been since the adoption of the city’s March 1985 zoning ordinance; and WHEREAS, in 1996, pursuant to case PZ-96-13, Ordinance No. 971, at the request of previous owner Superstition Mountain Mental Health Care, Inc. (“SMMHC, Inc.”), the Property was rezoned from General Rural (“GR”) to General Commercial/Planned Development (“C-3/PD”) to allow for a proposed expansion of the facility; and WHEREAS, the facility expansion has yet to be constructed as authorized under Ordinance No. 971; and WHEREAS, the current property owner, Axiom Care, recently applied for a planned development (“PD”) amendment to allow the addition of a new, three-story treatment facility at an increased building height of 38 feet from 35 feet; and WHEREAS, on April 12, 2022, the Apache Junction planning and zoning commission voted 7-0 to recommend approval of rezoning case P-22-10-PZ, subject to certain conditions; and WHEREAS, pursuant to A.R.S. § 9-462.01(J), the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and ORDINANCE NO. 1523 PAGE 2 OF 3 WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R.S. § 9-462.01(J); and WHEREAS, the city council hereby determines that the proposed planned development amendment request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-4: Zoning Districts, Section 1-4-3, Planned Development (“PD”) Overlay District, and Article 1-5: Zoning Bulk and Use Regulations (except as otherwise conditioned herein), including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built and natural environments in the city; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and an electronic copy is accessible on the city’s website and made available for public inspection. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That the planned development major amendment, as recommended by the planning and zoning commission, in case P-22-10-PZ, is approved with conditions incorporated by reference in section 2 below. 2. That certain document entitled “Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described as and located at 150 N. Ocotillo Drive, Apache Junction, Arizona”, one paper copy and one electronic copy which are accessible on the city’s website and filed in the office of the city clerk, which ORDINANCE NO. 1523 PAGE 3 OF 3 document was made a public record by Resolution No. 22-14 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _______ DAY OF __________, 2022. SIGNED AND ATTESTED TO THIS _______ DAY OF _________, 2022. __________________________ WALTER “CHIP” WILSON Mayor ATTEST: _____________________________ JENNIFER PENA City Clerk APPROVED AS TO FORM: _____________________________ RICHARD JOEL STERN City Attorney RESOLUTION NO. 22-14 PAGE 1 OF 3 RESOLUTION NO. 22-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED “ZONING CONDITIONS OF CASE NO. P-22-10-PZ AUTHORIZED UNDER ORDINANCE NO. 1523 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF AXIOM CARE FOR THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 150 N. OCOTILLO DRIVE, APACHE JUNCTION, ARIZONA.”; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter “A.R.S.”) § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city’s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, such codes include zoning conditions approved in zoning case amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk; and WHEREAS, the documents include the conditions of approval for the planned development major amendment request of Axiom Care, which property site is located at 150 N. Ocotillo Drive, Apache Junction, Arizona, more fully legally described with the conditions, and which case was presented to the planning and zoning commission on April 12, 2022 and forwarded with a vote of 7:0 for approval to council at its May 3, 2022 public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: RESOLUTION NO. 22-14 PAGE 2 OF 3 SECTION I IN GENERAL 1. That certain document entitled the “Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described as and located at 150 N. Ocotillo Drive, Apache Junction, Arizona.”, of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city’s website (www.apachejunctionaz.gov), is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _____ DAY OF _____________, 2022. SIGNED AND ATTESTED TO THIS ______ DAY OF _____________, 2022. _______________________ WALTER “CHIP” WILSON Mayor ATTEST: ______________________ JENNIFER PENA City Clerk RESOLUTION NO. 22-14 PAGE 3 OF 3 APPROVED AS TO FORM: ___________________ RICHARD JOEL STERN City Attorney 1 ZONING CONDITIONS OF CASE NO. P -22-10-PZ AUTHORIZED UNDER ORDINANCE NO. 1523 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF AXIOM CARE FOR THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 150 N. OCOTILLO DRIVE, APACHE JUNCTION, ARIZONA. 2 A) The mayor and council passed Ordinance No. 1523 on May 3, 2022, which approved the planned development major amendment of Axiom Care for the property located at 150 N. Ocotillo Drive, Apache Junction, Arizona, legally described as follows: Parcel No. 1: Tract 30, of Cayton Subdivision, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, recorded in Book 5 of Maps, Page 21. Parcel No. 2: Tract 31, of Cayton Subdivision, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, recorded in Book 5 of Maps, Page 21; Except the North 60 feet of the East 130 feet thereof. Parcel No. 3: The West 150 feet Tract 32, of Cayton Subdivision, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, recorded in Book 5 of Maps, Page 21. Also described as: The West 150.00 ft of Lot 32 and all of Lots 30 and 31 of Cayton Subdivision according to the plat of record in the office of the Pinal County Recorder, Arizona, recorded in Book 5 of Maps Page 021, except the North 60.00 ft of the East 130.00 ft of said Lot 31 thereof, all located in Section 19, Township 01 North, Range 08 East, 92,200.00 square feet, 2.21. B) The approval is subject to the following zoning conditions: STANDARD CONDITIONS 1) The development shall reflect substantial compliance and consistency with the city’s zoning ordinance and the planned development concepts presented with the site plan in case P-22-10-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, public and private rights-of-ways, landscaping and other improvements. 3 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls), shall be provided in compliance with the city’s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-8, Landscape Regulations. All required trees shall be 24” box and all required shrubs shall be 5-gallon in size. 3) The developer’s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application review comments and in accordance with the city’s approved engineering standards that are in effect at the time of plan submittal. 4) Street improvements shall include, but are not necessarily limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, all of which are subject to review and approval by the city engineer. 5) All common and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner and its successors and assigns. 6) Minor PD modifications or alterations of the approved architecture designs, floor plans, open space, or development plan, shall be administratively reviewed and approved by the development services director or designee (“the director”). 7) Major deviations or proposed changes from the original plans associated with this case will require a major PD amendment. The director shall interpret the proposed modification to be significant/major if, in the director’s opinion, the modified quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original city council PD ordinance approval. 4 PROJECT-SPECIFIC CONDITIONS 8) All existing, dead landscaping shall be replaced, and additional, new trees and shrubs shall be added along north Ocotillo Drive. 9) The existing driveway and parking lot shall be repaved per city standards. 10) The exterior of existing buildings will be updated to complement or match the newly proposed treatment facility. Colors and materials shall be subject to planning staff review and approval. 11) As shown on the proposed site plan submitted with the PD major amendment request, a minimum of 41 parking spaces shall be provided onsite. Future uses or expansion on the subject property may need to be re-evaluated for parking compliance. 12) All mechanical equipment shall be screened and not be seen from any street or neighboring property on any of the four sides. 13) Any future monument sign shall complement the architecture of the buildings, including style, color and materials, and shall be subject to proper permits and planning staff review and approval. “Axiom Care” Case P-22-10-PZ April 12, 2022 Planning and Zoning Commission Staff Report 1 City of Apache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: April 12, 2022 CASE NUMBER: P-22-10-PZ, Axiom Care APPLICANT: Axiom Care, represented by Andrew Lorentzen of Rose Law Group, PC REQUEST: Proposed Planned Development Major Amendment of the property at 150 N. Ocotillo Drive in order to construct a new, three-story treatment facility. LOCATION: The property is located at 150 N. Ocotillo Drive, near the northwest corner of Ocotillo Dr. and Apache Trail, Pinal County Assessor parcel number 101-03-025A. GENERAL PLAN/ ZONING DESIGNATION: Commercial; currently zoned B-1/PD (General Commercial/Planned Development) SURROUNDING USES: North: Residential Property, zoned RS-10M & MHP; South: Commercial Property, zoned B-2; East: Residential Property, zoned RVP; West: Residential Property, zoned MHP. BACKGROUND The subject site is currently developed with two structures, one that that was constructed in 1960 in the south central area of the site defined as an “office building,” and another that was constructed in 1978 in the northwest corner of the site and “Axiom Care” Case P-22-10-PZ April 12, 2022 Planning and Zoning Commission Staff Report 2 defined by Pinal County as a “group care home.” Throughout its history, this site was occupied by the Sheriff’s Department, the Pinal County Complex, and most recently, Superstition Mountain Mental Health Center (“SMMHC”) facilities, which was a secure lockdown facility for the seriously mentally ill. In 1996, SMMHC, went through a rezoning (case no. PZ-96-13) for the purpose of expanding the existing facilities by constructing a new 6,550 square foot building on the east end of the property. At that time, a conditional use permit (“CUP”) was required to operate a clinic in the General Rural (“GR”) zoning district. In researching this case, it was discovered that the SMMHC was established without a CUP, but that a rezoning was used to rectify the situation and allow the entire scope of activities being requested by the applicant (clinic and office services). The rezoning request was approved and the property was rezoned to General Commercial by Planned Development (“C-3/PD”) under Ordinance No. 971, but the new facility was never constructed. The new zoning maps were adopted in 2014, and the zoning on the property is now recognized as General Commercial by Planned Development (“B-1/PD”). In April 2020, Axiom Care applied for a business license in order to operate a behavioral health inpatient facility at the subject site. Their business license was approved and they began operation. The larger, existing building on the north end of the site currently holds a 24-bed medical sub-acute detox facility, which medically supervises patients as they detox from various substances, and the second, smaller building towards the southeast is currently used for admissions to the detox and for staff administration offices. PROPOSALS In August 2021, staff received a preliminary development review (“PDR”) for a new, three-story, 6,000 square foot per floor building. The new proposed building will provide another 24-beds of detox and 36 residential treatment beds, which brings the total amount of beds to 84. Through the PDR review, staff determined that a Planned Development (“PD”) Amendment would be required. The PD amendment would be required to place the new structure in the proposed location, allow an increased building height of up to 38 feet, and a reduction in the required onsite parking. “Axiom Care” Case P-22-10-PZ April 12, 2022 Planning and Zoning Commission Staff Report 3 This is a proposed Planned Development (“PD”) Major Amendment by Axiom Care of the property at 150 N. Ocotillo Drive. The property is located near the northwest corner of Ocotillo Drive and Apache Trail. The applicant is requesting the PD Amendment to construct a new, three-story treatment facility onsite. As part of this request, the applicant is asking for a deviation in the required parking and an increased building height to 38 feet. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city’s General Plan as “Commercial.” Zoning/Site Context: The approximately 2.12 acre site is a privately-owned piece of land surrounded by commercially zoned property to the south and residentially zoned land on the west, north and east. Parking Analysis: During the PDR review, staff had concerns regarding the amount of parking being proposed by the applicant. At first, staff viewed this type of use as a “hospital,” which would require a minimum parking of 1.5 spaces per bed. Axiom Care is proposing to have 84 beds onsite, which, under the hospital parking requirements, would require a minimum of 126 spaces. The site plan for Axiom Care is proposing a total of 41 parking spaces for the entire site. During the review process, the applicant explained that the use resembles that of a nursing home, which would only require a maximum of 1 space per 3 beds. This would require the site to provide a minimum of 28 parking spaces. Under that rationale, Axiom meets the number of required parking spaces. As part of their formal PD Amendment application, staff requested that the applicant provide a detailed justification for the reduction in parking. Axiom Care provided a parking study conducted by Summit Land Management (attached), which determined that a minimum of 32 parking spaces should be provided. “Axiom Care” Case P-22-10-PZ April 12, 2022 Planning and Zoning Commission Staff Report 4 Staff accepts Summit’s parking analysis that the proposed use is comparable to a nursing home, and that the facility can operate with 41 parking spaces. Future uses on the subject property may need to be re-evaluated for parking compliance. Planned Development Zoning: There is one (1) Zoning Ordinance bulk deviation as a part of this proposed Planned Development Major Amendment. The applicant is asking for an increased building height in the B-1 zoning district from a maximum of 35 feet to 38 feet. Infrastructure Improvements: Utilities are already provided to the location by AZ Water Company, SRP, Southwest Gas, Mediacom, and Centurylink. The 25’ right-of-way along N. Ocotillo Drive has already been dedicated to the city. Public Input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius. The city has also sent out public hearing notices noting the time, place and proposed request. At the time this staff report was written, the city had not received any inquiries regarding the rezoning request. FINDINGS OF FACT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria is outlined in the text below: 1. That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Response: An effective Trauma Informed Design building cannot be achieved by applying the strict provisions of the underlying zoning district. First, the building height deviation is necessary to provide a facility that meets the Trauma Informed Design approach. Specifically, in order to achieve that design, Axiom Care will need ceiling heights at 10’ on each floor, which will allow for the most optimal care for our patients. As noted above, the increased ceiling height is shown to greatly improve a patient’s experience in our facilities by offering the “Axiom Care” Case P-22-10-PZ April 12, 2022 Planning and Zoning Commission Staff Report 5 increased sense of space and dimension to help keep the patients from feeling “trapped” or “crowded”. Regarding parking, The Axiom Care facility, located at 150 North Ocotillo Drive, has unique parking requirements due to the nature of the clients they serve within the community. Residential treatment is a 45-60 day stay, and no personal vehicles are allowed to stay more than 24-hours. Almost all patients that come to detox are brought in by Medical Uber. In fact, 95% or more of patients are brought to the Axiom Care facility arrive via Uber. Our maximum patient load today is 24. Our maximum patient load after the new building is built will be 84. We have one company vehicle that remains on site and provides transportation to potential new admits. We feel confident the 41 spaces will provide ample parking for a sustainable and successful facility. Further, a parking explanation is attached clarifying the parking calculation. Regarding location, as mentioned above, the building location was moved slightly to maximize the efficiency and effectiveness of this site for the proposed development while still maintaining a desired “community” feel for patients and projects alike. An effective trauma informed design concept cannot be achieved without slightly moving the building location. 2. That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Response: The zoning variances being request are regarding location, ceiling height, and parking. The building height increase is to provide higher ceiling height per floor. None of these deviations will pose any danger to the safety or welfare of Axiom Care's patients or staff. If anything, these deviations are necessary to ensure the health, safety and welfare of Axiom Care’s patients and staff. In order for the Trauma Informed Design approach to provide the most effective facility, the deviations are necessary 3. That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: All adjacent properties are either commercial properties or mobile home parks. This building will provide jobs for the community and customers for surrounding businesses. There is no change from the current property use that would “Axiom Care” Case P-22-10-PZ April 12, 2022 Planning and Zoning Commission Staff Report 6 negatively affect adjacent property value. If anything, the deviations from the ordinance will allow Axiom Care to construct a successful Trauma Informed Design facility that will bring value to the area. Further, as the use will continue to be the same on the site, an expansion of the same use will not affect the adjacent properties. PLANNING DIVISION RECOMMENDATION Staff respectfully recommends to the Commission that they include the following conditions of approval as part of a favorable recommendation to the City Council. As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of case P-22- 10-PZ, a planned development major amendment request by Axiom Care, represented by Andrew Lorentzen of Rose Law Group, PC, to amend the planned development on the property at 150 N. Ocotillo Drive in order to construct a new, three-story treatment facility, located north of the northwest corner of Apache Trail and Ocotillo Drive, subject to the following conditions of approval: STANDARD CONDITIONS 1) The development shall reflect substantial compliance and consistency with the city’s Zoning Ordinance and the Planned Development concepts presented with the site plan in case P-22-10-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, public and private rights-of-ways, landscaping and other improvements. 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls), shall be provided in compliance with the city’s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations. “Axiom Care” Case P-22-10-PZ April 12, 2022 Planning and Zoning Commission Staff Report 7 All required trees shall be 24” box and all required shrubs shall be 5-gallon in size. 3) The developer’s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application review comments and in accordance with the city’s approved engineering standards that are in effect at the time of plan submittal. 4) Street improvements shall include, but are not necessarily limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, all of which are subject to review and approval by the city engineer. 5) All common and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner and its successors and assigns. 6) Minor PD modifications or alterations of the approved architecture designs, floor plans, open space, or development plan, shall be administratively reviewed and approved by the development services director or designee (“the director”). 7) Major deviations or proposed changes from the original plans associated with this case will require a major PD amendment. The director shall interpret the proposed modification to be significant/major if, in the director’s opinion, the modified quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original city council PD ordinance approval. PROJECT-SPECIFIC CONDITIONS 8) All existing, dead landscaping shall be replaced, and additional, new trees and shrubs shall be added along N. Ocotillo Drive. “Axiom Care” Case P-22-10-PZ April 12, 2022 Planning and Zoning Commission Staff Report 8 9) The existing driveway and parking lot shall be repaved per city standards. 10) The exterior of existing buildings will be updated to complement or match the newly proposed treatment facility. Colors and materials shall be subject to Planning Staff review and approval. 11) As shown on the proposed site plan submitted with the PD Major Amendment request, a minimum of 41 parking spaces shall be provided onsite. Future uses or expansion on the subject property may need to be re-evaluated for parking compliance. 12) All mechanical equipment shall be screened and not be seen from any street or neighboring property on any of the four sides. 13) Any future monument sign shall complement the architecture of the buildings, including style, color and materials, and shall be subject to proper permits and Planning Staff review and approval. Kelsey Schattnik ___________________________________ Prepared by Kelsey Schattnik Planner Attachments: Exhibit #1 – P-22-10-PZ Application Materials & Narrative Exhibit #2 – P-22-10-PZ Site Plan Exhibit #3 – P-22-10-PZ Landscape Plan Exhibit #4 – P-22-10-PZ Elevations Exhibit #5 – Vicinity Map Exhibit #6 – Ordinance no. 927 Exhibit #7 – Final Participation Report Exhibit #8 – Summit Land Management Parking Analysis In 2017, Arizona Governor Doug Ducey declared a state of emergency due to the opioid overdose epidemic. Although many important steps have been taken by the State to protect Arizonans, more than two people still die each day from opioid overdoses in Arizona. In addition, substance abuse and addiction are some of the largest causes of chronic homelessness and incarceration, both large drains on public resources. Substance abuse treatment, while by far the best option for helping those with an addiction, suffers from a lack of accessibility and from unreliable effectiveness. These problems can be largely addressed, however, through a novel approach to treatment called the Therapeutic Community. Building upon its decade of experience in the Valley, Axiom Care of Arizona is seeking to create a first-of-its-kind Therapeutic Community, in Apache Junction, to make substance abuse treatment more accessible and more effective for this area. Axiom Care’s Therapeutic Community is a groundbreaking new model of addiction treatment that aims to build upon decades of combined treatment experience while addressing the shortcomings of the traditional treatment model. This facility will provide a safe and sober community environment where patients can receive treatment and develop new, healthy habits before transitioning to long-term housing. There is no one-size-fits-all solution to addiction, and each patient’s interdisciplinary treatment team will provide individualized treatment based on the patient’s specific needs. Axiom Care has met with several key people in Apache Junction and Pinal County who seemed enthusiastic about our services. Mayor Wilson and Councilman Biggs graciously met with us and appeared to understand the need in the city (and expressed excitement that we would be located near the corridor these services are most needed). We look forward to educating the entire Council about the project and working with Staff to make it a reality. We also met with Representative David Cook and Pinal County Attorney Kent Volkmer, who helped Axiom Care garner support for this new facility from the Arizona Governor’s office. They each expressed that a facility like this in Pinal County is very much needed and long overdue to address the ever- growing substance abuse problem. The Axiom Care facility, located at 150 North Ocotillo Drive, has unique parking requirements due to the nature of the clients they serve within the community. The City of Apache Junction Pre-Application Comments suggested the Axiom Care facility should adhere to parking requirements for “Medical Offices and Clinics” of 1 space per 200 square feet of gross floor area. However, the typical definition of a medical office and clinic recognizes that physicians or dentists provide diagnoses and outpatient care to multiple patients throughout the business day without providing overnight services. Critical to parking supply determination, patients at a medical office or clinic drive themselves to the facility and leave their vehicle parked while they are in the medical office or clinic. The Axiom Care current and expanded facility cannot be described as a medical office or clinic. The Axiom Care current and expanded facility can best be defined as a nursing home as they provide patient treatment from a registered healthcare professional for on-going medical issues. The expanded Axiom Care facility will provide two separate types of patient medical care – both requiring overnight stays in the facility. The Axiom Care patients do not self-drive to the facility. Over 80% of the client base are homeless and utilize some form of public transportation to arrive at the facility. Axiom Care offers paid ride-share to all patients and over 95% of the client base utilize the Axiom Care-provided ride-share transportation to arrive and depart the facility. The remaining clients arrive and depart by vehicles driven by friends or family. Patients will not have cars at the facility. The parking is utilized exclusively by internal personnel or visiting physicians. Of the 30 listed Apache Junction Zoning Ordinance building classifications, Nursing Home accurately describes the Axiom Care current and expanded facility. The Apache Junction requirement for a nursing home is one parking space per 3 beds. A complete and thorough parking analysis will be provided with the application. The proposed three-story building is designed to enhance the surrounding community. The exterior materials consist of architectural block, stucco, and metal panels. All the colors are warm in nature and are selected to blend in with the town’s surrounding landscape. The construction of the new facility will engage over twenty local contractors, 18,000-man hours and 820 workers over the duration of the project. The stress of the current COVID-19 pandemic, along with the pain, grief, and indignation arising from continued political unrest and racial tensions, are increasing the number of people experiencing trauma. These situations are creating a collective wave of trauma-related symptoms with an increasing number of people reporting feelings of fear, anxiety, and isolation every day. Now is a good time to revisit our responsibility as healthcare architects and designers to aid healing through intentional, trauma-informed design. As we move through our daily lives, the built environment we are surrounded by has a profound impact on our emotional, mental, and physical state of being. We’ve all experienced what can happen inside of ourselves when we step into any given space. Our surroundings directly inform our nervous, endocrine, and immune systems. For an individual with PTSD, a poorly designed space can be particularly detrimental to their healing process. Trauma-informed design incorporates the principles of trauma-informed care: empathy and understanding. It is an effective approach to designing spaces where trauma-experienced individuals may spend time, such as hospitals, Veterans Affairs facilities, behavioral health centers, and social service facilities. The goal of trauma-informed design is to create environments that promote a sense of calm, safety, dignity, empowerment, and well-being for all occupants. These outcomes can be achieved by adapting spatial layout, thoughtful furniture choices, and visual interest. Spatial Layout • Create “spatial availability” with clear sight lines, high ceilings, and minimal barriers. This can increase a person’s sense of safety and decrease a perceived sense of crowding or being trapped • An easy to navigate space with consistent and clear signage creates a sense of calm, familiarity, and empowerment • Dedicated spaces for somatic/body therapies such as yoga and meditation rooms Furniture • Arrangement of furniture needs to be considered for how it affects users’ sense of safety, perceived crowdedness, and relationship to staff (e.g., communicative, or authoritative). Sitting face-to-face across a desk or table may be perceived as confrontational, whereas sitting corner to corner, without a barrier in-between can invite conversation and trust. • Choose furniture that has elements of softness, comfort, and “cocooning”, which can make users feel protected and safe • In waiting or common areas, orient seating so users are facing out from sheltering walls • Always refer to the Principles of Universal Design to promote accessibility • Designated areas that provide a sense of privacy Visual and Aural Interest • Limit visual complexity, such as distracting wall coverings or carpeting. This can increase stress and anxiety • Symmetry and soft patterning can create a sense of safety and grounding • Minimize unnecessary and overwhelming ambient noises • Consider playing music that incorporates natural sounds Building Height • Height of Ceilings must be 10 feet so overall building height requested at 38 feet • Axiom Care follows a trauma informed design model which specifies that for this type of care facility a ceiling height of 10’ will allow for optimal care for these patients. • The reason for the slightly increased ceiling height is to achieve a “spatial layout that increases a person’s sense of safety and decreases a perceived sense of crowding or being trapped”. Many of our patients have experienced trauma in their lifetime and feeling safe is imperative for the therapeutic process to be successful. • It is necessary for the best possible care that the city approve an overall building height of 38 feet. Pre-Application Responses: 1. Building Location a. The building location was moved slightly to maximize the efficiency and effectiveness of this site for the proposed development while still maintaining a desired “community” feel for patients and projects alike. b. The property will offer multiple levels of substance use disorder treatment on site. The larger building on the property currently holds a 24-bed medical sub-acute detox, which medically supervises patients as they detox from various substances including alcohol, opioids, and other drugs. The second smaller building is currently used and will continue to be used for admissions to the detox. The building is also utilized for staff administration offices. The staff using this building are the same staff that work at the detox, and do not have any corporate or other staffing uses. The new proposed building will provide another 24-beds of detox, and add 36 residential treatment beds, adding a total of 60 new beds to the 24 we currently operate, for a complete total of 84 beds. Residential treatment is a 45-60 day stay, and no personal vehicles are allowed to stay more than 24-hours. 2. Building Height (3-story) a. Axiom Care is requesting the building height variance in order to make the development the best it can be. In order to achieve that design, we will need ceiling heights at 10’ on each floor, which will allow for the most optimal care for our patients. As noted above, the increased ceiling height is shown to greatly improve a patient’s experience in our facilities by offering the increased sense of space and dimension to help keep the patients from feeling “trapped” or “crowded”. 3. Parking Deviation Request a. Axiom Care engaged a third-party consultant to evaluate its parking efficiency to ensure they will have sufficient parking to provide for staff and patients. The third-party parking analyst concluded that Axiom Care shall provide at least 32 spaces based on its thorough review of similar type facilities. Axiom Care has currently elected and plans to offer 41 parking spots after the completion of the new building b. The new proposed building will provide another 24-beds of detox, and add 36 residential treatment beds, adding a total of 60 new beds to the 24 we currently operate, for a complete total of 84 beds. Residential treatment is a 45-60 day stay, and no personal vehicles are allowed to stay more than 24-hours. Almost all patients that come to detox are brought in by Medical Uber. In fact, 95% or more of patients are brought to the Axiom Care facility arrive via Uber. Our maximum patient load today is 24. Our maximum patient load after the new building is built will be 84. We have one company vehicle that remains on site and provides transportation to potential new admits. We feel confident the 41 spaces will provide ample parking for a sustainable and successful facility. The various levels of care provided at the campus of care include: Medical Detox: Most medical detox stays last between 5-7 days. Detoxification, the process by which the body clears itself of drugs, is designed to manage the acute and potentially dangerous physiological effects of stopping drug use. As stated previously, detoxification alone does not address the psychological, social, and behavioral problems associated with addiction and therefore does not typically produce lasting behavioral changes necessary for recovery. Detoxification should thus be followed by a formal assessment and referral to residential drug treatment. Residential Treatment: Residential treatment typically has a 30–90-day length of stay, and provides care 24 hours a day, in a non-hospital setting. Residential treatment focuses on the "resocialization" of the individual and use the program’s entire community—including other residents, staff, and the social context—as active components of treatment. Addiction is viewed in the context of an individual’s social and psychological deficits, and treatment focuses on developing personal accountability and responsibility as well as socially productive lives. Outpatient Treatment Building: This building provides intake/discharge services, group facilitation rooms, recreational areas, and individual counseling offices for those in treatment. Planned Development Findings of Fact 1. A better design cannot be achieved by applying the strict provisions of the underlying zoning district. An effective Trauma Informed Design building cannot be achieved by applying the strict provisions of the underlying zoning district. First, the building height deviation is necessary to provide a facility that meets the Trauma Informed Design approach. Specifically, in order to achieve that design, Axiom Care will need ceiling heights at 10’ on each floor, which will allow for the most optimal care for our patients. As noted above, the increased ceiling height is shown to greatly improve a patient’s experience in our facilities by offering the increased sense of space and dimension to help keep the patients from feeling “trapped” or “crowded”. Regarding parking, The Axiom Care facility, located at 150 North Ocotillo Drive, has unique parking requirements due to the nature of the clients they serve within the community. Residential treatment is a 45-60 day stay, and no personal vehicles are allowed to stay more than 24-hours. Almost all patients that come to detox are brought in by Medical Uber. In fact, 95% or more of patients are brought to the Axiom Care facility arrive via Uber. Our maximum patient load today is 24. Our maximum patient load after the new building is built will be 84. We have one company vehicle that remains on site and provides transportation to potential new admits. We feel confident the 41 spaces will provide ample parking for a sustainable and successful facility. Further, a parking explanation is attached clarifying the parking calculation. Regarding location, as mentioned above, the building location was moved slightly to maximize the efficiency and effectiveness of this site for the proposed development while still maintaining a desired “community” feel for patients and projects alike. An effective trauma informed design concept cannot be achieved without slightly moving the building location. 2. Strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. The zoning variances being request are regarding location, ceiling height, and parking. The building height increase is to provide higher ceiling height per floor. None of these deviations will pose any danger to the safety or welfare of Axiom Care's patients or staff. If anything, these deviations are necessary to ensure the health, safety and welfare of Axiom Care’s patients and staff. In order to for the Trauma Informed Design approach to provide the most effective facility, the deviations are necessary. 3. The strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. All adjacent properties are either commercial properties or mobile home parks. This building will provide jobs for the community and customers for surrounding businesses. There is no change from the current property use that would negatively affect adjacent property value. If anything, the deviations from the ordinance will allow Axiom Care to construct a successful Trauma Informed Design facility that will bring value to the area. Further, as the use will continue to be the same on the site, an expansion of the same use will not affect the adjacent properties. PROPERTY OWNER / AGENT AUTHORIZATION APPLICATION FOR ZONING/BUILDING PERMITS/LAND USE ENTITLEMENTS Property Address: 150 N. Ocotillo Drive, Apache Junction, AZ 85120 Assessor's Parcel No. 101-03-025A As the Property Owner of the property located at the address above, I/we authorize Rose Law Group P.C., their attorneys, representatives, agents, and/or consultants, to act as an agent on my/our behalf for the sole purpose of obtaining any building and land use permit and variance applications, or any other entitlements necessary. I/We understand that any application may be approved, modified or denied with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits. I/We further understand that signing of this authorization in no way creates an obligation of any kind. Printed Name: �h V_'t � 5 Title/Company: Authorized Signature: Date: - a� Q\riAL -` OFFICIAL RECORDS OF PINAL COUNTY RECORDER Virginia Ross DATE/TIME: 11/09/2020 1303 FEE: $30.00 PAGES: 3 FEE NUMBER: 2020-115374 When recorded mail to: Harry J.Miller Attorney at law 80 E.Columbus Ave. Phoenix,AZ-85012 QUIT CLAIM DEED FOR THE CONSIDERATION,OF TEN DOLLARS,and other valuable consideration,JS HARMONY,LLC, an Arizona limited liability,company,hereafter called the Grantor,hereby conveys all right,title and interest of Grantor,to: VPJ2,LLC,an Arizona limited liability company(as to an undivided 65%interest)and Christine Stevens,an un\ed woman an undivided 3 °o°05/`interest), as tenants-in-common, \ ,1) the following real property situated in Pinal County,Arizona: O PARCEL NO.1. Tract 30,of CAYTON SUBDIVISION,according to the plat of record in the office of the County Recorder of Pinal County,Arizona,recorded in'Book 5 of Maps,page 21. PARCEL NO.2: C/ Tract 31,of CAYTON SUBDIVISION,according to the plat of record in the office of the County Recorder of Pinal County,Arizona,recorded Book 5 of Maps,page 21; O EXCEPT the North 60 feet of the East 130 feet thereof. PARCEL NO.3: The West 150 feet Tract 32,of CAYTON SUBDIVISION,according to the plat of record in the office of the County Recorder of Pinal County,Arizona,recorded in Book5 of Maps, page 21. v Subject to current taxes and other assessments, reservations in patents and all easements, rights)w\aay, encumbrances,liens,covenants,conditions,restrictions,obligations and liabilities as mayappear of rec MAIL TAX NOTICES TO: JS HARMONY,LLC P.O.Box 44701 Phoenix,Arizona 85064 Page I of 3 ((DATED O AFFIDAVIT REQUIRED;EXEMPT RE A.R.S.11-1134(B)(9) thus S" day"of ,2020 JS HARMONY,LLC Lowledged ern Johnso Manager STATE OF A�County of MARICOThe foregoing this day.of ,2020,by Vern Johnson,Manager,JS,HARMONNY,.L'LC,Grantor No c My Co ssion Expires: v tN'r)F CLARIBEL LEON W NOTARY PUBLIC - MARICOPA COUNTY,ARIZONA -o o MY COMM.EXPIRES O4-09-21 ACCEPTANCE BY GRANTEE O ACCEPTED this day of 52020. VPJ2,LLC By Vernon Johnson,trustee,the Vernon Johnson Living Trust Dated February 2,2007,Member v Page 2 of 3 t 1 ACCEPTANCE BY GRANTEE ACCEPTED this day of 2020. C tevens O O Page 3 of 3 PP P.P. PP PP PP PP PP PP PP PP PP PP PP CONC SDWK CONC SDWK AC PVMT AC PVMT AC PVMT AC PVMT AC PVMT AC PVMT EXIST BUILDING EXIST BUILDING EXIST BUILDING EXIST BUILDING EXIST BUILDING 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP) APN: 101-030-240 APN: 101-030-260 S89°58'28"E 425.00' N0 0 ° 0 5 ' 2 1 " W 3 0 0 . 0 0 ' S89°58'28"E 150.00' N0 0 ° 0 5 ' 2 1 " W 1 0 0 . 0 0 ' S89°58'28"E 145.00' S0 0 ° 0 5 ' 1 9 " E 6 0 . 0 0 ' S89°58'28"E 130.00' ICB WV WV IM WV FH IM S0 0 ° 0 5 ' 1 9 " E 1 4 0 . 0 0 ' APN: 101-030-270APN: 101-030-280 APN: 101-030-300 APN: 101-030-310 APN: 101-030-310 APN: 101-030-310 APN: 101-030-25A 92,200 S.F. (2.12 AC.) APN: 101-030-220 APN: 101-030-210 APN: 101-030-20A APN: 101-030-190 25.0' R.O.W. 5.7' EX . 8 " - S E W E R 6' TALL CHAIN LINK FENCE (TYP.) MONUMENT SIGN BFP BFP N O C O T I L L O D R I V E N0 0 ° 0 5 ' 1 8 " W 1 0 7 9 . 3 5 ' 3.5' 0.7' 0.9'1.4' 2.8' 0.5' 1.5'1.5' 6' BLOCK WALL/FENCE (TYP.) 6' BLOCK WALL/FENCE (TYP.) RETAINING WALL SL 1.7' 1.6' W.V. METALSINK FAUCETCOMPOSEDK-73167-4 METALSINK FAUCETCOMPOSEDK-73167-4 GE N METALSINK FAUCETCOMPOSEDK-73167-4 SW W W 12 1 13 20 21 38 39 40 41 W W W W W 9' TYP.18 ' T Y P . ACCESSIBLE ROUTE PROPOSED ACCESSIBLE PARKING PROPOSED 4" WHITE STRIPE (TYP.) PROPOSED RETENTION BASIN EXISTING 8" SEWER PROPOSED RISERS 8-6" TALL PROPOSED ACCESSIBLE PARKING 9' 8' 9' 59 . 3 ' 15 0 . 4 ' 33.7' 77.8' 43 . 9 ' 25 . 0 ' 276.6' 10.0' BSL 10.0' BSL 16.0' WATERLINE EASEMENT 20.0' BSL 10.0' BSL 10.0' BSL 33 . 6 ' 28 . 6 ' 43.8' 19 . 7 ' 94' 74 ' 116' 30 ' 33' 12 ' PROPOSED RETAINING WALL 6' TALL MAX. PROPOSED 200 LF OF 10'Ø UNDERGROUND RETENTION PIPE PROPOSED 8" THICK WHITE DIRECTIONAL TRAFFIC ARROW (TYP.) PROPOSED 8" THICK WHITE DIRECTIONAL TRAFFIC ARROW (TYP.) PROPOSED RETENTION BASIN FOR OFF-SITE STORMWATER RUNOFF PROPOSED 4" WHITE STRIPE (TYP.) PROPOSED 4" WHITE STRIPE (TYP.) PROPOSED 4" WHITE STRIPE (TYP.) NEW DIRECTIONAL SIGN "ONE WAY ENTER HERE" NEW DIRECTIONAL SIGN "WRONG WAY DO NOT ENTER" ALL PARKING AREAS SHALL BE REPAVED PER THE CITY OF APACHE JUNTION REQUIREMENTS I W PROPOSED INCEPTOR AND DRYWELL PROPOSED DOUBLE MAG DET. 535 CATCH BASIN NO PARKING PAINTED ON BOTH SIDES OF DRIVE AISLE PROPOSED 3' TALL SCREEN WALL PROPOSED LOCATION OF MECHANICAL EQUIPMENT 2 4 ' 1 6 ' 1 7 ' 2 4 ' 2 4 ' 2 4 ' 2 2 ' 2 1 ' 2 3 ' 2 4 ' 2 4 ' 2 3 ' 1 7 ' 2 3 ' 1 7 ' 2 4 ' 18' TYP. 22' 22' 22' 21' 21' 9' TY P . 60° ANGLED PARKING SPACES 60° ANGLED PARKING SPACES 60° ANGLED PARKING SPACES NEW 3-STORY BUILDING PARKING STANDARD SPACES -38 ACCESSIBLE SPACES -3 TOTAL PARKING SPACE -41 TOTAL LOT AREA:92,200.0 S.F. (2.12 AC.) LOT AREA(S) 3rd SITE PLAN SUBMITTAL DATE: 03/25/22 SITE PLAN SP1.0 METALSINK FAUCETCOMPOSEDK-73167-4 METALSINK FAUCETCOMPOSEDK-73167-4 GE N METALSINK FAUCETCOMPOSEDK-73167-4 PP P.P. PP PP PP PP PP PPPP PP PP PP S89°58'28"E 425.00' N0 0 ° 0 5 ' 2 1 " W 3 0 0 . 0 0 ' S89°58'28"E 150.00' N0 0 ° 0 5 ' 2 1 " W 1 0 0 . 0 0 ' S89°58'28"E 145.00' S0 0 ° 0 5 ' 1 9 " E 6 0 . 0 0 ' S89°58'28"E 130.00' ICB WV WV IM WV FH IM S0 0 ° 0 5 ' 1 9 " E 1 4 0 . 0 0 ' 25.0' R.O.W. 5.7' EX . 8 " - S E W E R N O C O T I L L O D R I V E N0 0 ° 0 5 ' 1 8 " W 1 0 7 9 . 3 5 ' 3.5' 0.7' 0.9'1.4' 2.8' 0.5' 1.5'1.5' 1.7' 1.6' W.V. CONC SDWK CONC SDWK AC PVMT AC PVMT AC PVMT AC PVMT AC PVMT AC PVMT EXIST BUILDING EXIST BUILDING EXIST BUILDING EXIST BUILDING EXIST BUILDING 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP.) 6" SINGLE CURB (TYP) APN: 101-030-240 APN: 101-030-260APN: 101-030-270APN: 101-030-280 APN: 101-030-300 APN: 101-030-310 APN: 101-030-310 APN: 101-030-25A 92,200 S.F. (2.12 AC.) APN: 101-030-220 APN: 101-030-210 APN: 101-030-20A APN: 101-030-190 6' TALL CHAIN LINK FENCE (TYP.) MONUMENT SIGN BFP BFP WALL/FENCE (TYP.) 6' BLOCK WALL/FENCE (TYP.) RETAINING WALL SL 12 1 13 20 21 38 39 40 41 4 TP 4 TP1 AS 1 AS 4 TP 8 TP 3 LH 2 HP 1 TO 4 TP 2 HP 1 TO 3 LH 2 LH 1 HP 1 EL 2 EL 3 TO 4 TP3 TP 3 LP 10 TP 6 EL 6 AM 6 EL 8 TP 6 AM 10 EL 6 AM 9.2' 100 SF 14' 10' 482 SF 11'11' 11' 220 SF 9 . 7 ' 125 SF 2 5 . 4 ' 517 SF 7'7' 117 SF 117 SF 20 ' 19 ' 18.9' 9' 18 ' 18 ' 19 . 9 ' 9'18' 56 . 8 ° ' 57 . 4 ° ' 60 . 4 ° ' 60 . 9 ° ' 9 0 . 8 ° ' 56 . 7 ° ' 3 AS RM JWG XX/XX/2018Date Drawn By Checked By Project Number No r t h O c o t i l l o D r i v e Ap a c h e J u n c t i o n , A Z Ax i o m C a r e LP-1 LANDSCAPE PLANTING Date Comment Pr o j e c t N a m e THE CONTRACTOR SHALL INSTALL ROOT BARRIERS NEAR ALL NEWLY-PLANTED TREES THAT ARE LOCATED WITHIN FIVE (5) FEET OF PAVING OR CURBS. ROOT BARRIERS SHALL BE "CENTURY" OR "DEEP-ROOT" 24" DEEP PANELS (OR EQUAL). BARRIERS SHALL BE LOCATED IMMEDIATELY ADJACENT TO HARDSCAPE. INSTALL PANELS PER MANUFACTURER'S RECOMMENDATIONS. UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR USE ROOT BARRIERS OF A TYPE THAT COMPLETELY ENCIRCLE THE ROOTBALL. ROOT BARRIERS AFTER ALL PLANTING IS COMPLETE, CONTRACTOR SHALL INSTALL 2" THICK LAYER OF 1/2" SCREENED, 2" DEEP DECOMPOSED GRANITE ALL NEW PLANTING AREAS. DECOMPOSED GRANITE COLOR SHALL MATCH THE MADISON GOLD COLOR OF EXISTING DECOMPOSED GRANITE IN THE SUNDANCE MARKETPLACE. CONTRACTOR SHALL SUBMIT SAMPLES OF ALL MULCHES TO OWNER FOR APPROVAL PRIOR TO CONSTRUCTION. ABSOLUTELY NO EXPOSED GROUND SHALL BE LEFT SHOWING ANYWHERE ON THE PROJECT AFTER RIVER ROCK MULCH HAS BEEN INSTALLED. MULCHES GENERAL GRADING AND PLANTING NOTES 1.BY SUBMITTING A PROPOSAL FOR THE LANDSCAPE PLANTING SCOPE OF WORK, THE CONTRACTOR CONFIRMS THAT HE HAS READ, AND WILL COMPLY WITH, THE ASSOCIATED NOTES, SPECIFICATIONS, AND DETAILS WITH THIS PROJECT. 2.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERE NOTED TO REMAIN). 3.IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a.BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b.CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. c.THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED. d.ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. e.SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 4.ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPE ARCHITECT OR DESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALL REQUIREMENTS OF THE PERMITTING AUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTING METHODS, TREE PROTECTION METHODS, ETC.). a.THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIES SHOWN ON LEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF A DISCREPANCY BETWEEN THE PLAN AND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN (FOR INDIVIDUAL SYMBOLS) OR CALLOUT (FOR GROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE. b.NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OF THE LANDSCAPE ARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT IN WRITING (VIA PROPER CHANNELS). c.THE CONTRACTOR SHALL, AT A MINIMUM, PROVIDE REPRESENTATIVE PHOTOS OF ALL PLANTS PROPOSED FOR THE PROJECT. THE CONTRACTOR SHALL ALLOW THE LANDSCAPE ARCHITECT AND THE OWNER/OWNER'S REPRESENTATIVE TO INSPECT, AND APPROVE OR REJECT, ALL PLANTS DELIVERED TO THE JOBSITE. REFER TO SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS FOR SUBMITTALS. 5.THE CONTRACTOR SHALL MAINTAIN THE LANDSCAPE IN A HEALTHY CONDITION FOR 90 DAYS AFTER ACCEPTANCE BY THE OWNER. REFER TO SPECIFICATIONS FOR CONDITIONS OF ACCEPTANCE FOR THE START OF THE MAINTENANCE PERIOD, AND FOR FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD. 6.ANY DEAD OR DYING TREES OR SHRUBS SHALL BE REPLACED WITH LIKE SPECIES BY THE CONTRACTOR. 7.SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTS. REGIST ER E D L A NDSCAPE A RC H I T E C T A R I Z O N A , U .S . A . D a t e Signed .......... C E R T I F I CAT IO N N O .71860 JAMES W. GIBSON 9/2 0 / 2 3 DATE: 3/22/2022 (800) 680-6630 2375 E. Camelback Rd., Suite 600 Phoenix, AZ 85016 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P Scale 1" = 20' 10'40'20'0' THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON DESIGN DRAWINGS, RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. CORE STATES, INC. DOES NOT GUARANTEE THAT LOCATIONS SHOWN ARE EXACT. THE CONTRACTOR MUST CONTACT THE APPROPRIATE UTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATIONS OF UTILITIES. Call before you dig. below.Know what's TREES CODE BOTANICAL / COMMON NAME CALIPER ROOT HEIGHT QTY AS Acacia salicina / Willow Acacia 24" BOX 2" Cal.8` min.6 MATURE SIZE: 40` x 20` AS2 Existing tree / Willow Acacia -31 SHRUBS CODE BOTANICAL / COMMON NAME SIZE CONTAINER SPACING AM Agave murpheyi / Varigated Century Plant 5 gal.Cont.48" o.c.18 MATURE SIZE: 4` x 4` EL Ericameria laricifolia `Aguirre` TM / Aguirre Turpentine Bush 5 gal.Cont.30" o.c.25 MATURE SIZE: 3` x 3` ES Existing Shrub ---48" o.c.36 HP Hesperaloe parviflora / Red Yucca 5 gal.Cont.36" o.c.9 MATURE SIZE: 4` x 4` LP Lantana montevidensis / Trailing Lantana 5 gal.Cont.36" o.c.3 LH Lantana x `New Gold` / New Gold Lantana 5 gal.Cont.36" o.c.8 MATURE SIZE: 2` x 3` TO Tecoma x `Orange Jubilee` / Orange Jubilee Yellow Bells 5 gal.Cont.60" o.c.6 MATURE SIZE: 6` x 6` TP Teucrium chamaedrys `Prostratum` / Prostrate Germander 5 gal.Cont.36" o.c.49 MATURE SIZE: 2` x 3` PLANT SCHEDULE DECOMPOSED GRANITE STREET FRONTAGE 1 TREE AND 5 SHRUBS PER 30 LF OF FRONTAGE 140 LF / 30 = 5 TREES AND 23 SHRUBS REQUIRED EXISTING TREES 7 PROPOSED TREES 0 TOTAL 7 EXISTING SHRUBS 9 PROPOSED SHRUBS 22 TOTAL 31 INTERIOR PARKING LOT 1 TREE AND 5 SHRUBS PER 10 STALL 4 TREES AND 19 SHRUBS REQUIRED EXISTING TREES 17 PROPOSED TREES 2 TOTAL 19 EXISTING SHRUBS 21 PROPOSED SHRUBS 8 TOTAL 29 OPEN SPACE 1 TREE AND 5 SHRUBS PER 1,000 21,263 / 1,000 = 21 TREES AND 106 SHRUBS REQUIRED EXISTING TREES 31 PROPOSED TREES 2 TOTAL 33 EXISTING SHRUBS 28 PROPOSED SHRUBS 118 TOTAL 146 LANDSCAPE REQUIREMENTS As shown As shown As shown As shown As shown As shown As shown As shown 3/29/22, 4:21 PM P-22-10-PZ-Axiom_Care_Revised_Color_Elevation_Sheet_a2.1_3rd_Submittal.jpg (2509×1671) https://s3.amazonaws.com/dl1.mygovernmentonline.org/2022/185/P-22-10-PZ-Axiom_Care_Revised_Color_Elevation_Sheet_a2.1_3rd_Submittal.jpg?AWSAccessKeyId=AKIAZDV5FVCOQU3LLC7J&…1/1 3/29/22, 4:20 PM P-22-10-PZ-Revised_Color_Elevation_Sheet_a2.2_3rd_Submittal.jpg (2509×1671) https://s3.amazonaws.com/dl1.mygovernmentonline.org/2022/185/P-22-10-PZ-Revised_Color_Elevation_Sheet_a2.2_3rd_Submittal.jpg?AWSAccessKeyId=AKIAZDV5FVCOQU3LLC7J&Expires=1648…1/1 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-263 Agenda Item No. 11. Agenda Date: 5/3/2022 Sponsor: Kelsey Schattnik In Control: City Council MeetingIndex: Presentation, discussion, public hearing and consideration of proposed Resolution No. 22-14, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described and located at 150 N. Ocotillo Drive, Apache Junction, Arizona." Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 City of Apache Junction Development Services Department Date: April 20, 2022 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Interim Development Services Director From: Kelsey Schattnik, Planner Subject: May 3, 2022, City Council Public Hearing Item: P-22-10-PZ (Ordinance No. 1523, Resolution No. 22-14) Presentation, discussion, public hearing and consideration of a Planned Development Major Amendment of Axiom Care, located at 150 N. Ocotillo Drive. Background This is a proposed Planned Development (“PD”) Major Amendment by Axiom Care of the property at 150 N. Ocotillo Drive. The property is located approximately 300 feet north of the northwest corner of N. Ocotillo Drive and W. Apache Trail. The applicant is requesting the PD Amendment to construct a new, three-story treatment facility onsite. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on April 12, 2022 (planning staff report and exhibits attached). The Planning and Zoning Commission voted 7-0 to recommend approval of P-22-10-PZ. The conditions authorized under Ordinance No. 1523 were drafted with the commission’s recommendation. Resolution No. 22-14 adopts the document entitled “Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described as and located at 150 N. Ocotillo Drive, Apache Junction, Arizona” as public record. Staff Recommendation Staff recommends approval of rezoning case P-22-10-PZ subject to the conditions found in the P&Z Staff Report and authorized under Ordinance No. 1523. Attachments:  Draft Ordinance No. 1523  Resolution No. 22-14  Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described as and located at 150 N. Ocotillo Drive, Apache Junction, Arizona  P&Z Staff Report from April 12, 2022 with all attachments ORDINANCE NO. 1523 PAGE 1 OF 3 ORDINANCE NO. 1523 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, CONDITIONALLY APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE P-22-10-PZ, A REQUEST BY AXIOM CARE, REPRESENTED BY ROSE LAW GROUP, PC, TO CONSTRUCT A NEW, THREE-STORY TREATMENT FACILITY ON A GENERAL COMMERCIAL BY PLANNED DEVELOPMENT (“B-1/PD”) PROPERTY; ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED “ZONING CONDITIONS OF CASE NO. P-22-10-PZ AUTHORIZED UNDER ORDINANCE NO. 1523 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF AXIOM CARE FOR THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 150 N. OCOTILLO DRIVE, APACHE JUNCTION, ARIZONA.”; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property located at 150 N. Ocotillo Drive (the “Property”) is a commercially developed property with two structures, and has been since the adoption of the city’s March 1985 zoning ordinance; and WHEREAS, in 1996, pursuant to case PZ-96-13, Ordinance No. 971, at the request of previous owner Superstition Mountain Mental Health Care, Inc. (“SMMHC, Inc.”), the Property was rezoned from General Rural (“GR”) to General Commercial/Planned Development (“C-3/PD”) to allow for a proposed expansion of the facility; and WHEREAS, the facility expansion has yet to be constructed as authorized under Ordinance No. 971; and WHEREAS, the current property owner, Axiom Care, recently applied for a planned development (“PD”) amendment to allow the addition of a new, three-story treatment facility at an increased building height of 38 feet from 35 feet; and WHEREAS, on April 12, 2022, the Apache Junction planning and zoning commission voted 7-0 to recommend approval of rezoning case P-22-10-PZ, subject to certain conditions; and WHEREAS, pursuant to A.R.S. § 9-462.01(J), the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and ORDINANCE NO. 1523 PAGE 2 OF 3 WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R.S. § 9-462.01(J); and WHEREAS, the city council hereby determines that the proposed planned development amendment request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-4: Zoning Districts, Section 1-4-3, Planned Development (“PD”) Overlay District, and Article 1-5: Zoning Bulk and Use Regulations (except as otherwise conditioned herein), including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built and natural environments in the city; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and an electronic copy is accessible on the city’s website and made available for public inspection. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That the planned development major amendment, as recommended by the planning and zoning commission, in case P-22-10-PZ, is approved with conditions incorporated by reference in section 2 below. 2. That certain document entitled “Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described as and located at 150 N. Ocotillo Drive, Apache Junction, Arizona”, one paper copy and one electronic copy which are accessible on the city’s website and filed in the office of the city clerk, which ORDINANCE NO. 1523 PAGE 3 OF 3 document was made a public record by Resolution No. 22-14 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _______ DAY OF __________, 2022. SIGNED AND ATTESTED TO THIS _______ DAY OF _________, 2022. __________________________ WALTER “CHIP” WILSON Mayor ATTEST: _____________________________ JENNIFER PENA City Clerk APPROVED AS TO FORM: _____________________________ RICHARD JOEL STERN City Attorney RESOLUTION NO. 22-14 PAGE 1 OF 3 RESOLUTION NO. 22-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED “ZONING CONDITIONS OF CASE NO. P-22-10-PZ AUTHORIZED UNDER ORDINANCE NO. 1523 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF AXIOM CARE FOR THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 150 N. OCOTILLO DRIVE, APACHE JUNCTION, ARIZONA.”; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter “A.R.S.”) § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text, and one paper copy is filed with the city clerk and an electronic copy is accessible on the city’s website, with both made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, such codes include zoning conditions approved in zoning case amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk; and WHEREAS, the documents include the conditions of approval for the planned development major amendment request of Axiom Care, which property site is located at 150 N. Ocotillo Drive, Apache Junction, Arizona, more fully legally described with the conditions, and which case was presented to the planning and zoning commission on April 12, 2022 and forwarded with a vote of 7:0 for approval to council at its May 3, 2022 public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: RESOLUTION NO. 22-14 PAGE 2 OF 3 SECTION I IN GENERAL 1. That certain document entitled the “Zoning conditions of Case No. P-22-10-PZ authorized under Ordinance No. 1523 for the planned development major amendment of Axiom Care for the property legally described as and located at 150 N. Ocotillo Drive, Apache Junction, Arizona.”, of which at least one paper copy is on file with the city clerk and one electronic copy of which is accessible on the city’s website (www.apachejunctionaz.gov), is hereby declared to be a public record, and shall be made available for public use and inspection. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _____ DAY OF _____________, 2022. SIGNED AND ATTESTED TO THIS ______ DAY OF _____________, 2022. _______________________ WALTER “CHIP” WILSON Mayor ATTEST: ______________________ JENNIFER PENA City Clerk RESOLUTION NO. 22-14 PAGE 3 OF 3 APPROVED AS TO FORM: ___________________ RICHARD JOEL STERN City Attorney 1 ZONING CONDITIONS OF CASE NO. P -22-10-PZ AUTHORIZED UNDER ORDINANCE NO. 1523 FOR THE PLANNED DEVELOPMENT MAJOR AMENDMENT OF AXIOM CARE FOR THE PROPERTY LEGALLY DESCRIBED AS AND LOCATED AT 150 N. OCOTILLO DRIVE, APACHE JUNCTION, ARIZONA. 2 A) The mayor and council passed Ordinance No. 1523 on May 3, 2022, which approved the planned development major amendment of Axiom Care for the property located at 150 N. Ocotillo Drive, Apache Junction, Arizona, legally described as follows: Parcel No. 1: Tract 30, of Cayton Subdivision, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, recorded in Book 5 of Maps, Page 21. Parcel No. 2: Tract 31, of Cayton Subdivision, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, recorded in Book 5 of Maps, Page 21; Except the North 60 feet of the East 130 feet thereof. Parcel No. 3: The West 150 feet Tract 32, of Cayton Subdivision, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, recorded in Book 5 of Maps, Page 21. Also described as: The West 150.00 ft of Lot 32 and all of Lots 30 and 31 of Cayton Subdivision according to the plat of record in the office of the Pinal County Recorder, Arizona, recorded in Book 5 of Maps Page 021, except the North 60.00 ft of the East 130.00 ft of said Lot 31 thereof, all located in Section 19, Township 01 North, Range 08 East, 92,200.00 square feet, 2.21. B) The approval is subject to the following zoning conditions: STANDARD CONDITIONS 1) The development shall reflect substantial compliance and consistency with the city’s zoning ordinance and the planned development concepts presented with the site plan in case P-22-10-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, elevations, public and private rights-of-ways, landscaping and other improvements. 3 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line (but outside of required walls), shall be provided in compliance with the city’s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-8, Landscape Regulations. All required trees shall be 24” box and all required shrubs shall be 5-gallon in size. 3) The developer’s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided pre-application review comments and in accordance with the city’s approved engineering standards that are in effect at the time of plan submittal. 4) Street improvements shall include, but are not necessarily limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, all of which are subject to review and approval by the city engineer. 5) All common and amenity areas within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner and its successors and assigns. 6) Minor PD modifications or alterations of the approved architecture designs, floor plans, open space, or development plan, shall be administratively reviewed and approved by the development services director or designee (“the director”). 7) Major deviations or proposed changes from the original plans associated with this case will require a major PD amendment. The director shall interpret the proposed modification to be significant/major if, in the director’s opinion, the modified quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original city council PD ordinance approval. 4 PROJECT-SPECIFIC CONDITIONS 8) All existing, dead landscaping shall be replaced, and additional, new trees and shrubs shall be added along north Ocotillo Drive. 9) The existing driveway and parking lot shall be repaved per city standards. 10) The exterior of existing buildings will be updated to complement or match the newly proposed treatment facility. Colors and materials shall be subject to planning staff review and approval. 11) As shown on the proposed site plan submitted with the PD major amendment request, a minimum of 41 parking spaces shall be provided onsite. Future uses or expansion on the subject property may need to be re-evaluated for parking compliance. 12) All mechanical equipment shall be screened and not be seen from any street or neighboring property on any of the four sides. 13) Any future monument sign shall complement the architecture of the buildings, including style, color and materials, and shall be subject to proper permits and planning staff review and approval. Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-283 Agenda Item No. 12. Agenda Date: 5/3/2022 Sponsor: In Control: City Council MeetingIndex: Presentation, discussion and consideration of purchase agreement for city-owned property at 978 E. Roosevelt Street. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 DATE: April 26, 2022 MEMORANDUM TO: The Honorable Mayor and City Councilmembers MEMORANDUM FROM: Bryant Powell, City Manager SUBJECT: Offer on City-owned Property at 978 E Roosevelt Street (101-18-034) BACKGROUND The City of Apache Junction took ownership of the property at 978 E Roosevelt Street in March 2016 after the then out-of-country-owners opted not to deal with significant code violation issues and determined it was in their best interest to donate the parcel to the city. After the city cleaned the property and eliminated code violations, it was determined the property should be sold. In August 2021, an Invitation for Bids was issued. There were no bids on the property. In November 2021, staff was directed to hire a real estate agent to sell the property. In March 2022 with no offers on the property, staff was directed to lower the asking price. In April 2022, an offer was received, the city made a counter-offer, and the buyers accepted the counter-offer, contingent on final approval by the city council. RECOMMENDATION Staff respectfully requests the Mayor and City Council approve the purchase contract (dated 4/22/22) and counter offer (dated 4/25/22) and sell the city-owned property at 978 E Roosevelt Street (101-18-034) for $232,500.00 and authorize the City Manager to complete the full execution of the agreement. Authentisign ID:3AC71D97-B6C4-EC11-997E-501AC566CB79 BUYER ATTACHMENT Document updated: October 2019 A R I Z O N A This attachment should be given to the Buyer prior to the submission R E A LT O R S' of any offer and is not part of the Vacant Land/Lot Contract's terms. —„-„� REAIf R' e.ro REAL SOLU71ONS REALTOR•EUCCEEE. ATTENTION BUYER ! You are entering into a legally binding agreement. ❑ 1. Read the entire contract before you sign it. ❑ 2. Review the Seller's Property Disclosure Statement and other disclosures (See Section 4a and 4b). • This information comes directly from the Seller. • Investigate any blank spaces, unclear answers or any other information that is important to you. 3. Review the Due Diligence Paragraph (see Section 6a). Verify square footage/acreage (see Section 6b) Verify whether the property is served by city or private sewer and its availability status (see Section 6e); OR If an on-site wastewater treatment system has been installed on the Property (see Section 6e),AND If a well has been installed on the Property (see Sections 4d and 6k) 4. Apply for your loan now, if you have not done so already, and provide your lender with all requested information (see Section 2d). It is your responsibility to make sure that you and your lender deliver the necessary funds to escrow in sufficient time to allow escrow to close on the agreed upon date. 5. Read the title commitment (see Section 3c). ❑ 6. Read the CC&R's, use restrictions, and all other governing documents including design guidelines (see Section 3c), especially if the property is governed by a homeowners association. ❑ 7. Conduct a thorough final inspection (see Section 6o). If the property is unacceptable, speak up. After the closing may be too late. You can obtain information through the Buyer's Advisory at http://www.aaronline.com. Remember,you are urged to consult with an attorney, inspectors, and experts of your choice in any area of interest or concern in the transaction. Be cautious about verbal representations, advertising claims, and information contained in a listing. Verify anything important to you. WARNING: *WIRE TRANSFER FRAUD* Beware of wiring instructions sent via email. Cyber criminals may hack email accounts and send emails with fake wiring instructions. Always independently confirm wiring instructions prior to wirin_n any money. Do not email or transmit documents that show bank account numbers or personal identification information. Y Buyer's Check List Buyer Attachment•Updated:October 2019 Copyright©2019 Arizona Association of REALTORS*.All rights reserved. Jordan Pelletier I North & Co 1 602-714-7000 1 InstanetFORMS Aulhenlisign ID:3AC71D97-B6C4-EC11.997E-501AC586CB79 VACANT LAND/LOT Page 1 of 10 PURCHASE CONTRACT Document 2019d: October 2019 The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS& A R I Z 0 N A Any change In the pre-printed language of this form must be made in a prominent manner. ,f No representations are made as to the legal validity, adequacy and/or effects of any provision, © R E A LT 0 R S' Including tax consequences thereof. If you desire legal, tax or other professional advice, pleaseT�. REAL SOLUTroNS REALTORS SUCCESS consult your attorney,tax advisor or professional consultant. If subdivided land or unsubdivided land is being sold by a subdivider, i.e., a person who owns 6 or more lots, a public report will generally be required and an Addendum regarding subdivided or unsubdivided land must be executed by the Seller and Buyer. 1. PROPERTY 1a. 1. BUYER: Jerry Dale Waggoner Jr Angela Marie Kubehl UYER' NAME( ) 2. SELLER: CITY OF APACHE JUNCTION or ❑ as identified in section 9c. EaER' NAME( ) 3. Buyer agrees to buy and Seller agrees to sell the real property with all improvements,fixtures,and appurtenances thereon 4. or incidental thereto,if any,plus the personal property described herein(collectively the"Property"). 1b. 5. Property Address: 978 E ROOSEVELT Street - Zoning: RS-GR 6. Assessor's#(s): 101-18-034 7. City: Apache Junction County: Pinal AZ,Zip Code: 85119 8. Legal Description: SE NW SW NE EXC W-16.5 FT OF SEC 21-1N-8E 2.50 AC or ❑ see attached legal description. 1c. 9. $ 220,000.00 Full Purchase Price, paid as outlined below 10. $ 5,000.00 Earnest money due at contract acceptance 11. $ 44,000.00 total down Payment, including earnest 12. $ 176,000.00 financing via conventional loan 13. 1d. 14. Incidental Improvements:Buyer is purchasing the Property as vacant land.Any improvements,fixtures and appurtenances 15. thereon or incidental thereto,are being transferred in their existing condition("AS IS")and Seller makes no warranty to Buyer, 16. expressed or implied,as to their condition except as provided for in section 5a. le. 17. Fixtures and Personal Property:Seller agrees that all existing fixtures on the Property,and any existing personal property 18. specified herein,shall be included in this sale, including the following: 19. 20. 21. Personal property included herein shall be transferred with no monetary value,and free and clear of all liens 22. or encumbrances. 23. Fixtures and leased items NOT included: 1f. 24. Close of Escrow:Close of Escrow("COE")shall occur when the deed is recorded at the appropriate county recorder's office. 25. Buyer and Seller shall comply with all terms and conditions of this Contract, execute and deliver to Escrow Company all closing 26. documents,and perform all other acts necessary in sufficient time to allow COE to occur on 27. June 21 , 2022 ("COE Date"). If Escrow Company or recorder's office is closed on MONTH DAY YEAR 28. COE Date,COE shall occur on the next day that both are open for business. 29. Buyer shall deliver to Escrow Company a cashier's check,wired funds or other immediately available funds to pay any down 30. payment,additional deposits or Buyer's closing costs,and instruct the lender,if applicable,to deliver immediately available 31. funds to Escrow Company,in a sufficient amount and in sufficient time to allow COE to occur on COE Date. Vacant Land/Lot Purchase Contract•Updated:October 2019 Copyright®2019 Arizona Association of REALTORS& .Initials All rights reserved. Initials> -91=R I SELLER Page 1 of 10 BUYER BUYER R1 '[oil Jordan Pelletier I North & Co 1 602-714-7000 Instanet Authentisign ID:3AC71D97-86C4-EC11-997E-501AC586CB79 Page 2 of 10 Vacant Land/Lot Purchase Contract» 1 g. 32. Possession:Seller shall deliver access to keys and/or means to operate all locks,mailbox,and all common area facilities, 33. subject to the rights of tenants under existing leases,to Buyer at COE or ❑ 6/21/2022 .Broker(s)recommend that 34. the parties seek appropriate counsel from insurance,legal,tax,and accounting professionals regarding the risks of 35. pre-possession or post-possession of the Property. 1 h. 36. Addenda Incorporated: ❑Additional Clause ❑Buyer Contingency ❑Domestic Water Well ❑H.O.A. 37.❑Loan Assumption®On-site Wastewater Treatment Facility ❑Seller Financing ❑Short Sale 38.❑Vacant Land/Lot Purchase Contract Addendum Regarding Subdivided or Unsubdivided Land 39.❑Other: 1 i. 40. IF THIS IS AN ALL CASH SALE: Buyer shall provide Seller,within five(5)days or days after Contract 41. acceptance,either a Letter of Credit or a Source of Funds Letter from a financial institution documenting the 42. availability of funds to close escrow as agreed.Section 2 shall not apply,GO TO SECTION 3. 2. FINANCING 2a. 43. Type of Financing: ® Conventional ❑ FHA ❑ VA ❑ USDA ❑ Assumption ❑ Seller Carryback 44. ❑ 45. (If financing is to be other than new financing,see attached addendum.) 2b. 46. Financing:This sale ®Is ❑Is not contingent upon Buyer obtaining a satisfactory financing commitment within Due 47. Diligence Period pursuant to Section 6a.(If sale is not contingent on a financing commitment,go to Section 21k.) 2c. 48. Financing Commitment Contingency Period: If the sale is contingent upon Buyerobtaining a satisfactory financing commitment, 49. Buyer shall have the Due Diligence Period to obtain a financing commitment,including appraised value,satisfactory to Buyer in 50. Buyer's sole discretion,for a loan to purchase the Property or Buyer may cancel this Contract and receive a refund of the Earnest 51. Money.PRIOR TO THE EXPIRATION OF THE DUE DILIGENCE PERIOD,BUYER SHALL DELIVER TO SELLER AND ESCROW 52. COMPANY NOTICE THAT BUYER HAS NOT RECEIVED SUCH SATISFACTORY FINANCING COMMITMENT OR BUYER 53. SHALL BE DEEMED TO HAVE WAIVED THE FINANCING COMMITMENT CONTINGENCY AND ANY RIGHT TO CANCEL DUE 54. TO FINANCING. 2d. 55. Pre-Qualification: If using Conventional, FHA,VA,or USDA financing,a completed AAR Pre-Qualification Form is 56. attached hereto and incorporated by reference. 2e. 57. Loan Status Update: Buyer shall deliver to Seller the Loan Status Update(LSU)with at a minimum lines 1-40 completed 58. describing the current status of the Buyer's proposed loan within ten(10)days after Contract acceptance and instruct lender to 59. provide an updated LSU to Broker(s)and Seller upon request. 2f. 60. Loan Processing During Escrow: Buyer agrees to diligently work to obtain the loan and will promptly provide the lender with all 61. additional documentation required.Buyer shall sign all loan documents no later than three(3)days prior to the COE Date. 2g. 62. Loan Costs:Buyer shall pay all costs of obtaining the loan,except as provided herein. 2h. 63. VA Loan Costs: In the event of a VA loan, Seller agrees to pay the escrow fee and up to$ of loan 64. costs not permitted to be paid by the Buyer, in addition to the other costs Seller has agreed to pay herein, including Seller's 65. Concessions. 21. 66. Changes: Buyer shall immediately notify Seller of any changes in the loan program,financing terms,or lender described in the 67. Pre-Qualification Form if attached hereto or LSU provided within ten(10)days after Contract acceptance and shall only make 68. any such changes without the prior written consent of Seller if such changes do not adversely affect Buyer's ability to obtain 69. loan approval without Prior to Document(PTD)conditions,increase Seller's closing costs,or delay COE. 2j. 70. Appraisal Fee(s):Appraisal Fee(s),when required by Lender,shall be paid by ®Buyer ❑Seller 71. ❑Other 72. Appraisal Fee(s) ❑are ❑are not included in Seller Concessions, if applicable. 2k. 73. Partial Release,if applicable: Buyer and Seller agree that any partial releases will be addressed under Additional Terms 74. and Conditions or attached Addendum.Broker(s)recommend the parties seek appropriate counsel regarding the risks of 75. partial release. Vacant Land/Lot Purchase Contract•Updated:October 2019 Copyright®2019 Arizona Association of REALTORS& .:Initials All rights reserved. Initials> I JUW J I Oh SELLER I SELLER Page 2 of 10 BUYER BUYER Jordan Pelletier I North & Co 1 602-714-7000 ( Instanet Authentisign ID:3AC71D97.B6C4-EC11-997E-501AC586CB79 Page 3 of 10 Vacant Land/Lot Purchase Contract>> 21. 76. Subordination: If applicable,Seller carryback financing❑ is ❑ is not to be subordinated to a construction loan. If Seller 77. agrees to subordination,such subordination shall only be allowed if the Seller Carryback financing is not in default and if the 78. Seller approves the terms and conditions of the construction loan to be recorded as a senior loan.Approval will not be 79. unreasonably withheld.IF SELLER SUBORDINATES THE SELLER CARRYBACK FINANCING TO A SENIOR LOAN,THE 80. SELLER ACKNOWLEDGES THAT IN ORDER TO PROTECT THE SELLER CARRYBACK FINANCING,THE SELLER MAY 81. HAVE TO MAKE PAYMENTS ON THE SENIOR LOAN IF THE SENIOR LOAN IS IN DEFAULT.Broker(s)recommend 82. the parties seek appropriate counsel regarding the risks of subordination. 3. TITLE AND ESCROW 3a. 83. Escrow:This Contract shall be used as escrow instructions.The Escrow Company employed by the parties to carry out the 84. terms of this Contract shall be: 85. HomeLight Settlement - Tina Rivera 602 919 8011 W"ESCRO IFITLE C MPAN H NE 86. tina.rivera@homelight.com FAX EMAIL 87. 1375 N Scottsdale RD Scottsdale AZ 85257 ADDRESS 3b. 88. Title and Vesting: Buyer will take title as determined before COE.Taking title may have significant legal, estate planning and 89. tax consequences.Buyer is advised to obtain legal and tax advice. 3c. 90. Title Commitment and Title Insurance: Escrow Company is hereby instructed to obtain and deliver to Buyer and Seller 91. directly,addressed pursuant to 8s and 9c or as otherwise provided,a Commitment for Title Insurance together with complete 92. and legible copies of all documents that will remain as exceptions to Buyer's policy of Title Insurance("Title Commitment"), 93. including but not limited to Conditions,Covenants and Restrictions("CC&Rs");deed restrictions;and easements within fifteen 94. (15)days after Contract acceptance.Buyer shall have prior to the expiration of the Due Diligence Period to provide written 95. notice of any items disapproved.Buyer shall be provided, at Seller's expense, a Standard Owner's Title Insurance Policy 96. showing the title vested in Buyer.Buyer may acquire extended coverage(s)at Buyer's own additional expense. 97. Seller shall convey title by warranty deed,subject to existing taxes,assessments, covenants,restrictions, rights of way, 98. easements and all other matters of record or ❑ deed. 3d. 99. Additional Instructions:(i)Escrow Company shall promptly furnish notice of pending sale that contains the name and 100. address of the Buyer to any homeowner's association in which the Property is located.(ii)If the Escrow Company is also 101. acting as the title agency but is not the title insurer issuing the title insurance policy, Escrow Company shall deliver to the 102. Buyer and Seller,upon deposit of funds,a closing protection letter from the title insurer indemnifying the Buyer and Seller for 103. any losses due to fraudulent acts or breach of escrow instructions by the Escrow Company.(iii)All documents necessary to 104. close this transaction shall be executed promptly by Seller and Buyer in the standard form used by Escrow Company.Escrow 105. Company shall modify such documents to the extent necessary to be consistent with this Contract.(iv)Escrow Company fees, 106. unless otherwise stated herein,shall be allocated equally between Seller and Buyer.(v)Escrow Company shall send to all 107. parties and Broker(s)copies of all notices and communications directed to Seller, Buyer and Broker(s).(vi)Escrow Company 108. shall provide Broker(s)access to escrowed materials and information regarding the escrow.(vii)If an Affidavit of Disclosure is 109. provided, Escrow Company shall record the Affidavit at COE. 3e.110. Prorations, Expenses and Adjustments: 111. Taxes:Real property taxes payable by the Seller shall be prorated through COE,based upon the latest tax bill available. 112. The parties agree that any discrepancy between the latest tax bill available and the actual tax bill when received shall be 113. handled as a Post Closing Matter and Buyer or Seller may be responsible for additional tax payments to each other. 114. Rents, Interest and Expenses:Rents; interest on existing notes, if transferred; utilities; and operating expenses shall be 115. prorated through COE.The Parties agree to adjust any rents received after COE as a Post Closing Matter. 116. Deposits:All deposits held by Seller pursuant to rent/lease agreement(s)shall be credited against the cash required of 117. Buyer at COE or ❑paid to Buyer by Seller at COE. 3f. 118. Post Closing Matters:The parties shall promptly adjust any item to be prorated that is not determined or determinable at 119. COE as a Post Closing Matter by appropriate cash payment to the other party outside of the escrow when the amount due is 120. determined.Seller and Buyer agree that Escrow Company and Broker(s)are relieved of any responsibility for said 121. adjustments. Vacant Land/Lot Purchase Contract"Updated:October 2019 Copyright®2019 Arizona Association of REALTORS& <Initials All rights reserved. Initials> S SELLER BUYER BUYER ❑� Page 3 of 10 rr M Jordan Pelletier I North & Co 1 602-714-7000 Instanet Authentisign ID:3AC71097-136C4-EC11-997E.501AC586CB79 Page 4 of 10 Vacant Land/Lot Purchase Contract>> 3g.122. Release of Earnest Money: In the event of a dispute between Buyer and Seller regarding any Earnest Money deposited with 123. Escrow Company, Buyer and Seller authorize Escrow Company to release Earnest Money pursuant to the terms and conditions 124. of this Contract in its sole and absolute discretion.Buyer and Seller agree to hold harmless and indemnify Escrow Company 125. against any claim,action or lawsuit of any kind, and from any loss,judgment, or expense, including costs and attorney fees, 126. arising from or relating in any way to the release of Earnest Money. 3h.127. Assessment Liens:The amount of any assessment,other than homeowner's association assessments,that is a lien as of 128. the COE shall be: ❑paid in full by Seller❑prorated and assumed by Buyer ❑paid in full by Buyer.Any assessment that 129. becomes a lien after COE is the Buyer's responsibility. 3i. 130. IRS and FIRPTA Reporting:Seller agrees to comply with IRS reporting requirements. If applicable, Seller agrees to complete, 131. sign,and deliver to Escrow Company a certificate indicating whether Seller is a foreign person or a non-resident alien pursuant 132. to the Foreign Investment in Real Property Tax Act(FIRPTA). Buyer and Seller acknowledge that if the Seller is a foreign 133. person,the Buyer(or Escrow Company,as directed by Buyer)must withhold a tax of up to 15%of the purchase price,unless an 134. exemption applies. 3j. 135. Agricultural Foreign Investment Disclosure Act: If applicable, Buyer and Seller shall comply with the Agricultural Foreign 136. Investment Disclosure Act and make the required disclosures to the U.S.Department of Agriculture. 3k.137. TAX DEFERRED EXCHANGE: If Seller or Buyer intends to enter into a tax-deferred exchange pursuant to I.R.C.§1031 138. or otherwise,all additional costs in connection with any such tax-deferred exchange shall be borne by the party requesting the 139. exchange.The non-requesting party agrees to cooperate in the tax-deferred exchange provided that the non-requesting party 140. incurs no additional costs and COE is not delayed.The parties are advised to consult a professional tax advisor regarding the 141. advisability of any such exchange.The non-requesting party and Broker(s)shall be indemnified and held harmless from any 142. liability that may arise from participation in the tax deferred exchange. 4. DISCLOSURES 4a.143. Vacant Land/Lot Seller Property Disclosure Statement("VLSPDS"): Seller shall deliver a completed AAR VLSPDS form to 144. the Buyer within five(5)days after Contract acceptance. 4b.145. Additional Seller Disclosures and Information:Seller shall provide to Buyer the following disclosures and information 146. pertinent to the Property within five(5)days after the Contract acceptance:(i)any information known to Seller that may 147. adversely affect the Buyer's use of the Property, (ii)any known pending special assessments,association fees,claims,or 148. litigation,(iii)articles of incorporation;by-laws;other governing documents;and any other documents required by law, (iv) 149. financial statements,current rent rolls,lists of current deposits, personal property lists,leases, rental agreements,service 150. contracts, (v)soils, Phase I,or other environmental reports in Seller's possession, (vi)the most recent survey,if available, 151. and(vii)any and all other agreements,documents,studies,or reports relating to the Property in Seller's possession or control 152. provided,however,that Seller shall not be required to deliver any report or study if the written contract that Seller entered into 153. with the consultant who prepared such report or study specifically forbids the dissemination of the report to others. 4c.154. Road Maintenance Agreement:Seller shall provide to Buyer,within five(5)days after the Contract acceptance,a copy 155. of any known road maintenance agreement affecting the Property. 4d.156. Seller's Obligations Regarding Wells: If a well is located on the Property,or if the Property is to be served by a shared 157. well,the AAR Domestic Water Well Addendum is attached hereto and incorporated by reference.At COE, if applicable, 158. Seller shall assign,transfer and convey to the Buyer all of the water rights,or claims to water rights, if any, held by Seller 159. that are associated with the Property. 4e.160. No Seller or Tenant Bankruptcy,Probate or Insolvency Proceedings: Seller represents that Seller has no notice or 161. knowledge that any tenant on the Property is the subject of a bankruptcy, probate or insolvency proceeding.Further,Seller 162. is not the subject of a bankruptcy, insolvency or probate proceeding. 4f. 163. Seller's Notice of Violations: Seller represents that Seller has no knowledge of any notice of violations of City,County, State, 164. or Federal building,zoning,fire,or health laws,codes,statutes,ordinances, regulations, or rules filed or issued regarding the 165. Property. 4g.166. Environmental Disclosure:Seller has not knowingly caused or permitted the generation, storage,treatment, release or 167. disposal of any hazardous waste or regulated substances at the Property except as otherwise disclosed. 4h.168. Affidavit of Disclosure: If the Property is located in an unincorporated area of the county,and five or fewer parcels of property 169. other than subdivided land are being transferred,the Seller shall deliver a completed Affidavit of Disclosure in the form required 170. by law to the Buyer within five(5)days after Contract Acceptance.Buyer shall provide notice of any Affidavit of Disclosure items 171. disapproved within five(5)days after receipt of the Affidavit of Disclosure. Vacant Land/Lot Purchase Contract•Updated:October 2019 Copyright 0 2019 Arizona Association of REALTORS& <Initlals All rights reserved. Initials>I LIM J [Nil 10 S LLER SELLER Page 4 of 10 BUYER BUYER ❑� ti Jordan Pelletier ( North & Co 1 602-714-7000 Instanet Authentisign ID:3AC71D97-B6C4-EC11-997E-501AC586CB79 Page 5 of 10 Vacant Land/Lot Purchase Contract>> 4i. 172. H.O.A./Condominium/Planned Community:The Property ❑ is ® is not located within a homeowners'association/ 173. condominium/planned community. If yes,the HOA addendum is attached hereto and incorporated by reference. 4j. 174. Changes During Escrow: Seller shall immediately notify Buyer of any changes in the Property or disclosures made herein,in the 175. SPDS,or otherwise.Such notice shall be considered an update of the SPDS.Unless Seller is already obligated by Section 5a,or 176. otherwise by this Contract or any amendments hereto,to corrector repair the changed itemdisclosed,Buyer shall be allowed prior 177. to the expiration of the Due Diligence Period or five(5)days after delivery of such notice,whichever is later,to provide notice of 178. disapproval to Seller. 5. WARRANTIES 5a.179. Seller Warranties:Seller warrants and shall maintain and repair the Property so that at the earlier of possession or COE the 180. Property and any personal property included in the sale,will be in substantially the same condition as on the date of Contract 181. acceptance;and all personal property not included in the sale and all debris will be removed from the Property. 5b.182. Warranties that Survive Closing:Seller warrants that Seller has disclosed to Buyer and Broker(s)all material latentdefects and 183. any information concerning the Property known to Seller,excluding opinions of value,which materially and adversely affect the 184. consideration to be paid by Buyer.Prior to the COE, Seller warrants that payment in full will have been made for all labor, 185. professional services,materials,machinery,fixtures,or tools furnished within the 150 days immediately preceding the COE 186. in connection with the construction,alteration,or repair of any structure on or improvement to the Property.Seller warrants 187. that the information regarding connection to a sewer system or on-site wastewater treatment facility(conventional septic 188. tank or alternative system)is correct to the best of Seller's knowledge. 5c.189. Buyer Warranties:Buyer warrants that Buyer has disclosed to Seller any information that may materially and adversely affect 190. the Buyer's ability to close escrow or complete the obligations of this Contract.At the earlier of possession of the Property or 191. COE, Buyer warrants to Seller that Buyer has conducted all desired independent inspections and investigations and accepts 192. the Property.Buyer warrants that Buyer is not relying on any verbal representations concerning the Property 193. except disclosed as follows: 194. 6. DUE DILIGENCE 6a.195. Due Diligence Period:Buyer's due diligence and inspection period shall be thirty(30)days or days after Contract acceptance 196. ("Due Diligence Period").During Due Diligence Period Buyer shall perform all inspections and investigations to satisfy Buyer with respect 197. to the physical condition of the Property,financing,appraised value,the condition of title to the Property and as to the feasibility and 198. suitability of the Property for Buyer's intended purpose.During the Due Diligence Period,Buyer,at Buyer's expense,shall:(1)conduct all 199. desired physical,environmental,and other types of inspections and investigations to determine the value and condition of the Property; 200. (ii)make inquiries and consult government agencies,lenders,insurance agents,architects,and other appropriate persons and entities 201. concerning the feasibility and suitability of the Property and the surrounding area for the Buyer's intended purpose;(III)investigate 202. applicable building,zoning,fire,health,and safety codes including applicable swimming pool barrier regulations to determine any 203. potential hazards,violations or defects in the Property;and(iv)verify any material multiple listing service("MLS")information.If the 204. presence of sex offenders in the vicinity or the occurrence of a disease,natural death,suicide,homicide or other crime on or in the vicinity 205. is a material matter to the Buyer,it must be investigated by the Buyer during the Due Diligence Period.Buyer shall keep the Property free 206. and clear of liens,shall indemnify and hold Seller harmless from all liability,claims,demands,damages,and costs,and shall repair all 207. damages arising from the inspections.Buyer shall provide Seller and Broker(s)upon receipt,at no cost,copies of all inspection reports 208. concerning the Property obtained by Buyer.If Buyer cancels this Contract,Buyer shall return all documents provided by the Seller and 209. provide Seller with copies of all reports or studies generated by Buyer,provided,however,that Buyer shall not be required to deliver any 210. such report or study if the written contract that Buyer entered into with the consultant who prepared such report or study specifically 211. forbids the dissemination of the report or study to others.Buyer is advised to consult the Arizona Department of Real Estate Buyer 212. Advisory provided by AAR to assist in Buyer's due diligence inspections and investigations. 6b.213. Square Footage/Acreage: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE/ACREAGE OF THE 214. PROPERTY,BOTH THE REAL PROPERTY(LAND)AND IMPROVEMENTS THEREON IS APPROXIMATE.IF SQUARE 215. FOOTAGE/ACREAGE IS A MATERIAL MATTER TO THE BUYER; IT MUST BE INVESTIGATED DURING THE DUE 216. DILIGENCE PERIOD. 6c.217. Flood Hazard: Flood hazard designations or the cost of flood hazard insurance shall be determined by Buyer during the Due 218. Diligence Period. If the Property is situated in an area identified as having any special flood hazards by any governmental entity,the 219. lender may require the purchase of flood hazard insurance.Special flood hazards may also affect the ability to encumber or improve 220. the Property. Vacant Land/Lot Purchase Contract•Updated:October 2019 Copyright®2019 Arizona Association of REALTORS& All rights reserved. <Initials _ Initials> UUW �• r� SELLER SELLER Page 5 of 10 BUYER BUYER •f Jordan Pelletier I North & Co 1 602-714-7000 Instanet Authentisign ID:3AC71D97-B6C4-EC11-997E-501AC586CB79 Vacant Land/Lot Purchase Contract>> Page 6 of 10 6d.221. Insurance: IF INSURANCE IS A MATERIAL MATTER TO THE BUYER,BUYER SHALL APPLY FOR AND OBTAIN 222. WRITTEN CONFIRMATION OF THE AVAILABILITY AND COST OF INSURANCE FOR THE PROPERTY FROM BUYER'S 223. INSURANCE COMPANY DURING THE DUE DILIGENCE PERIOD.Buyer understands that any fire, casualty,or other 224. insurance desired by Buyer or required by Lender should be in place at COE. 6e.225. Sewer or On-site Wastewater Treatment System:The Property©does ❑does not contain an on-site wastewater 226. treatment system. If the Property is served by a conventional septic tank or alternative system,the AAR On-site Wastewater 227. Treatment Facility Addendum is incorporated herein by reference. 228. IF A SEWER CONNECTION,OR THE AVAILABILITY OF A SEWER CONNECTION,IS A MATERIAL MATTER TO THE 229. BUYER,IT MUST BE INVESTIGATED DURING THE DUE DILIGENCE PERIOD. ;,�� 230. (BUYER'S INITIALS REQUIRED) U�J W � l B y�� Buv 6f. 231. Site/Soil Evaluation For Installation of On-site Wastewater Treatment Facility: If the suitability of the Property for 232. installation of an on-site wastewater treatment facility(conventional septic tank or alternative system)and associated costs 233. are material to the Buyer,Buyer shall complete a site/soil evaluation and investigate all on-site wastewater treatment facility 234. installation costs within the Due Diligence Period. NOTE: Buyer is advised that the site/soil evaluation is not binding on 235. the State-delegated County agency in any future permitting decision as to the suitability of the design or type of 236. facility for the Property. 6g.237. LAND DIVISIONS: LAND PROPOSED TO BE DIVIDED FOR PURPOSES OF SALE OR LEASE IS SUBJECT TO 238. STATE,COUNTY AND MUNICIPAL LAWS,ORDINANCES AND REGULATIONS. IF STATE,COUNTY AND MUNICIPAL 239. REQUIREMENTS RELATING TO THE DIVISION OR SPLITTING OF THE PROPERTY ARE A MATERIAL MATTER TO 240. THE BUYER,THEY MUST BE VERIFIED BY BUYER DURING THE DUE DILIGENCE PERIOD.BROKER(S)HAVE MADE 241. NO REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE ABILITY TO DIVIDE OR SPLIT TH PR PER 242. (BUYER'S INITIALS REQUIRED) - BUYER BU 6h.243. ROADS: IF ROADWAYS,COST AND RESPONSIBILITY FOR ROAD MAINTENANCE, IMPROVEMENTS OR ACCESS IS A 244. MATERIAL MATTER TO BUYER,IT MUST BE INVESTIGATED BY BUYER DURING DUE DILIGENCE PERIOD. 61. 245. Survey:A survey ®shall ❑ shall not be performed. If to be performed,the survey shall be performed by a licensed 246. surveyor within the Due Diligence Period or days after Contract acceptance. 247. Cost of the survey shall be paid by ❑Seller ®Buyer ❑Other: 248. The survey shall be performed in accordance with the Arizona State Board of Technical Registration's"Arizona Land Boundary 249. Survey Minimum Standards". 6j. 250. Survey instructions are: © A boundary survey and survey plat showing the corners either verified 251. or monumentation. 252. ❑ A survey certified by a licensed surveyor, acceptable to Buyer and the Title 253. Company, in sufficient detail for an American Land Title Association("ALTA") 254. Owner's Policy of Title Insurance with boundary,encroachment or survey 255. exceptions and showing all improvements,utility lines and easements on 256. the Property or within five(5)feet thereof. 257. n Other survev terms: 258. 259. 260. y 261. (BUYER'S INITIALS REQUIRED) ICI t� Bu B IYE 6k.262. WELL WATER/WATER RIGHTS: IF WELL WATER/WATER RIGHTS IS/ARE A MATERIAL MATTER TO THE BUYER, IT 263. MUST BE VERIFIED BY BUYER DURING THE DUE DILIGENCE PERIOD. 61. 264. BUYER ACKNOWLEDGMENT: BUYER RECOGNIZES,ACKNOWLEDGES AND AGREES THAT BROKER(S)ARE 265. NOT QUALIFIED,NOR LICENSED,TO CONDUCT DUE DILIGENCE WITH RESPECT TO THE PROPERTY OR THE 266. SURROUNDING AREA.BUYER IS INSTRUCTED TO CONSULT WITH QUALIFIED LICENSED PROFESSIONALS TO 267. ASSIST IN BUYER'S DUE DILIGENCE EFFORTS.BECAUSE CONDUCTING DUE DILIGENCE WITH RESPECT TO THE 268. PROPERTY AND SURROUNDING AREA IS BEYOND THE SCOPE OF THE BROKERS EXPERTISE AND LICENSING, 269. BUYER EXPRESSLY RELEASES AND HOLDS HARMLESS BROKER(S)FROM LIABILITY FOR ANY DEFECTS OR 270. CONDITIONS THAT COULD HAVE BEEN DISCOVERED BY INSPECTION OR INVESTIGATION. ) WE r � 271. (BUYER'S INITIALS REQUIRED if 1 tsuyhK BUYER Vacant Land/Lot Purchase Contract•Updated:October 2019 Copyright®2019 Arizona Association of REALTORS& .Initials All rights reserved. Initials> I jVW a f!!❑■ SELLER SELLER Page 6of10 BUYER BUYER Jordan Pelletier I North & Co 1 602-714-7000 Instanet Authentisign ID:3AC71D97-B6C4-EC11-997E-501AC586CB79 Vacant Land/Lot Purchase Contract» Page 7 of 10 6m.272. Due Diligence Period Notice: Prior to expiration of the Due Diligence Period, Buyer shall deliver to Seller a signed notice of 273. any items disapproved.AAR'S Vacant Land/Lot Buyer's Due Diligence Notice and Seller's Response form is available for this 274. purpose.Buyer shall conduct all desired inspections and investigations prior to delivering such notice to Seller and all Due 275. Diligence Period items disapproved shall be provided in a single notice. 6n.276. Buyer Disapproval: If Buyer, in Buyer's sole discretion,disapproves of any aspect of the Property,financing,title,or other 277. matter, Buyer shall deliver to Seller notice of the items disapproved and state in the notice that Buyer elects to either: 278. (1) immediately cancel this Contract and all Earnest Money shall be released to Buyer,or 279. (2) provide the Seller an opportunity to correct the items disapproved, in which case: 280. (a) Seller shall respond in writing within five(5)days or days after delivery to Seller of Buyer's notice of 281. items disapproved.Seller's failure to respond to Buyer in writing within the specified time period shall 282. conclusively be deemed Seller's refusal to correct any of the items disapproved. 283. (b) If Seller agrees in writing to correct item(s)disapproved,Seller shall correct the items,complete any 284. repairs In a workmanlike manner and deliver any paid receipts evidencing the corrections and repairs 285. to Buyer three(3)days or days prior to COE Date. 286. (c) If Seller is unwilling or unable to correct any of the items disapproved, Buyer may cancel this Contract within five 287. (5)days after delivery of Seller's response or after expiration of the time for Seller's response,whichever occurs first, 288. and all Earnest Money shall be released to Buyer. If Buyer does not cancel this Contract within the five(5)days as 289. provided, Buyer shall close escrow without correction of those items that Seller has not agreed in writing to correct. 290. VERBAL DISCUSSIONS WILL NOT EXTEND THESE TIME PERIODS. Only a written agreement signed by both parties will 291. extend response times or cancellation rights. 292. BUYER'S FAILURE TO GIVE NOTICE OF DISAPPROVAL OF ITEMS OR CANCELLATION OF THIS CONTRACT WITHIN 293. THE SPECIFIED TIME PERIOD SHALL CONCLUSIVELY BE DEEMED BUYER'S ELECTION TO PROCEED WITH THE 294. TRANSACTION WITHOUT CORRECTION OF ANY DISAPPROVED ITEMS. 6o.295. Inspection(s):Seller grants Buyer and Buyer's inspector(s)reasonable access to conduct inspection(s)of the Property for 296. the purpose of satisfying Buyer that any corrections agreed to by the Seller have been completed and that the Property is in 297. substantially the same condition as on the date of Contract acceptance. If Buyer does not conduct such inspection(s), Buyer 298. releases Seller and Broker(s)from liability for any defects that could have been discovered. 7. REMEDIES 7a.299. Cure Period:A party shall have an opportunity to cure a potential breach of this Contract. If a party fails to comply with any 300. provision of this Contract,the other party shall deliver a notice to the non-complying party specifying the non-compliance. If 301. the non-compliance is not cured within three(3)days after delivery of such notice("Cure Period"),the failure to comply shall 302. become a breach of Contract. 7b.303. Breach: In the event of a breach of Contract,the non-breaching party may cancel this Contract and/or proceed against the 304. breaching party in any claim or remedy that the non-breaching party may have in law or equity,subject to the Alternative 305. Dispute Resolution obligations set forth herein. In the case of the Seller, because it would be difficult to fix actual damages 306. in the event of Buyer's breach,the Earnest Money may be deemed a reasonable estimate of damages and Seller may,at 307. Seller's option,accept the Earnest Money as Seller's sole right to damages.An unfulfilled contingency is not a breach of 308. Contract.The parties expressly agree that the failure of any party to comply with the terms and conditions of Section 1 f to 309. allow COE to occur on the COE Date, if not cured after a cure notice is delivered pursuant to Section 7a,will constitute a 310. material breach of this Contract, rendering the Contract subject to cancellation. 7c.311. Alternative Dispute Resolution("ADR"):Buyer and Seller agree to mediate any dispute or claim arising out of or relating 312. to this Contract in accordance with the REALTORS@ Dispute Resolution System, or as otherwise agreed.All mediation costs 313. shall be paid equally by the parties. In the event that mediation does not resolve all disputes or claims,the unresolved disputes 314. or claims shall be submitted for binding arbitration. In such event,the parties shall agree upon an arbitrator and cooperate in 315. the scheduling of an arbitration hearing. If the parties are unable to agree on an arbitrator,the dispute shall be submitted to 316. the American Arbitration Association("AAA")in accordance with the AAA Arbitration Rules for the Real Estate Industry.The 317. decision of the arbitrator shall be final and nonappealable.Judgment on the award rendered by the arbitrator may be entered in 318. any court of competent jurisdiction.Notwithstanding the foregoing,either party may opt out of binding arbitration within thirty(30) 319. days after the conclusion of the mediation conference by notice to the other and in such event either party shall have the right to 320. resort to court action. 7d.321. Exclusions from ADR:The following matters are excluded from the requirement for ADR hereunder: (i)any action brought in the 322. Small Claims Division of an Arizona Justice Court(up to$3,500)so long asthe matteris not thereafter transferred orremoved from 323. the small claims division;(ii)judicial or nonjudicial foreclosure or otheraction or proceeding to enforce a deed of trust,mortgage,or 324. agreement for sale;(iii)an unlawful entry or detainer action; (iv)the filing or enforcement of a mechanic's lien;or(v)any matterthat 325. is within the jurisdiction of a probate court. Further,the filing of a judicial action to enable the recording of notice of pending action Vacant Land/Lot Purchase Contract•Updated:October 2019 Copyright®2019 Arizona Association of REALTORS& <Initials All rights reserved. Initials>I UVW n■ J �■ SELLER SELLER Page 7 of 10 BUYER BUYER J MO., Jordan Pelletier I North & Co 1 602-714-7000 Instanet Authentisign ID:3AC71097-86C4-EC11-997E-501ACS86CB79 Page 8 of 10 Vacant Land/Lot Purchase Contract» 326. ("lis pendens")or order of attachment,receivership,injunction,or other provisional remedies shall not constitute a waiver of the 327. obligation to submit the claim to ADR,nor shall such action constitute a breach of the duty to mediate or arbitrate. 7e.328. Attorneys Fees and Costs:The prevailing party in any dispute or claim between Buyer and Seller arising out of or relating to 329. this Contract shall be awarded their reasonable attorney fees and costs.Costs shall include,without limitation,attorney fees, 330. expert witness fees,fees paid to investigators,and arbitration costs. 8. ADDITIONAL TERMS AND CONDITIONS 8a.331. 332. 333. 334. 335. 336. 337. 338. 339. 340. 341. 342. 343. 344. 345. 346. 347. 348. 349. 350. 351. 352. 353. 354. 355. 356. 357. 358. 359. 360. 8b.361. Risk of Loss: If there is any loss or damage to the Property between the date of Contract acceptance and COE or 362. possession,whichever is earlier,by reason of fire,vandalism,flood,earthquake,or act of God,the risk of loss shall be on the 363. Seller,provided,however,that if the cost of repairing such loss or damage would exceed ten percent(10%)of the purchase 364. price,either Seller or Buyer may elect to cancel the Contract. 8c.365. Permission: Buyer and Seller grant Broker(s)permission to advise the public of this Contract. 8d.366. Arizona Law:This Contract shall be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona. Be.367. Time is of the Essence:The parties acknowledge that time is of the essence in the performance of the obligations 368. described herein. Vacant Land/Lot Purchase Contract•Updated:October 2019 Copyright©2019 Arizona Association of REALTORS& <Initials All rights reserved. Initials> SELLER SELLER BUYER BUYER ❑� Page 8 of 10 1 �. W. Jordan Pelletier I North & Co 1 602-714-7000 Instanet Authenlisign ID:3AC71D97-B6C4.EC11-997E-501AC586CB79 Page 9 of 10 Vacant Land/Lot Purchase Contract» 8f. 369. Compensation:Seller and Buyer acknowledge that Broker(s)shall be compensated for services rendered as previously agreed 370. by separate written agreement(s),which shall be delivered by Broker(s)to Escrow Company for payment atCOE,if not previously 371. paid. If Seller is obligated to pay Broker(s),this Contract shall constitute an irrevocable assignment of Seller's proceeds at COE. 372. If Buyer is obligated to pay Broker(s), payment shall be collected from Buyer as a condition of COE.COMMISSIONS PAYABLE 373. FOR THE SALE,LEASING,OR MANAGEMENT OF PROPERTY ARE NOT SET BY ANY BOARD OR ASSOCIATION OF 374. REALTORSO,OR MULTIPLE LISTING SERVICE, OR IN ANY MANNER OTHER THAN BETWEEN THE BROKERAND CLIENT. 8g.375. Copies and Counterparts:A fully executed facsimile or electronic copy of the Contract shall be treated as an original 376. Contract.This Contract and any other documents required by this Contract may be executed by facsimile or other 377. electronic means and in any number of counterparts,which shall become effective upon delivery as provided for herein. 378. All counterparts shall be deemed to constitute one instrument,and each counterpart shall be deemed an original. 8h.379. Days:All references to days in this Contract shall be construed as calendar days and a day shall begin at 12:00 a.m.and 380. end at 11:59 p.m. 8i. 381. Calculating Time Periods: In computing any time period prescribed or allowed by this Contract,the day of the act or event 382. from which the time period begins to run is not included and the last day of the time period is included.Contract acceptance 383. occurs on the date that the signed Contract(and any incorporated counter offer)is delivered to and received by the 384. appropriate Broker.Acts that must be performed three days prior to the COE Date must be performed three full days prior(i.e., 385. if COE Date is Friday the act must be performed by 11:59 p.m.on Monday). 8j. 386. Entire Agreement:This Contract,and any addenda and attachments,shall constitute the entire agreement between Seller 387. and Buyer,shall supersede any other written or oral agreements between Seller and Buyer and can be modified only by a 388. writing signed by Seller and Buyer.The failure to initial any page of this Contract shall not affect the validity or terms of this 389. Contract. 8k.390. Subsequent Offers: Buyer acknowledges that Seller has the right to accept subsequent offers until COE.Seller understands 391. that any subsequent offer accepted by the Seller must be a backup offer contingent on the cancellation of this Contract. 81. 392. Cancellation:A party who wishes to exercise the right of cancellation as allowed herein may cancel this Contract by 393. delivering notice stating the reason for cancellation to the other party or to the Escrow Company.Cancellation shall become 394. effective immediately upon delivery of the cancellation notice. 8m.395. Notice:Unless otherwise provided,delivery of all notices and documentation required or permitted hereunder shall be in 396. writing and deemed delivered and received when: (i)hand-delivered;(ii)sent via facsimile transmission;(iii)sent via electronic 397. mail,if email addresses are provided herein;or(iv)sent by recognized overnight courier service,and addressed to Buyer as 398. indicated in Section 8q,to Seller as indicated in Section 9a and to the Escrow Company indicated in Section 3a. 8n.399. Earnest Money: Earnest Money is in the form of: ❑Personal Check ©Other check or wire 400. If applicable, Earnest Money has been received by Broker named in Section 8q and upon acceptance of this offer will be 401. deposited with:®Escrow Company ❑Broker's Trust Account.Buyer acknowledges that failure to pay the required 402. closing funds by the scheduled Close of Escrow,if not cured after a cure notice is delivered pursuant to Section 7a,shall be 403. construed as a material breach of this contract and all earnest money shall be subject to forfeiture. 80.404. RELEASE OF BROKER(S):SELLER AND BUYER HEREBY EXPRESSLY RELEASE, HOLD HARMLESS AND INDEMNIFY 405. BROKER(S)IN THIS TRANSACTION FROM ANYAND ALL LIABILITYAND RESPONSIBILITY REGARDING FINANCING,THE 406. CONDITION,SQUARE FOOTAGE/ACREAGE,LOT LINES,BOUNDARIES,VALUE, RENT ROLLS, ENVIRONMENTAL 407. PROBLEMS,SANITATION SYSTEMS,ABILITY TO DIVIDE OR SPLIT THE PROPERTY,BUILDING CODES,GOVERNMENTAL 408. REGULATIONS,INSURANCE,PRICE AND TERMS OF SALE,RETURN ON INVESTMENT,OR ANY OTHER MATTER 409. RELATING TO THE VALUE O(CONDITION OF THE PROPERTY. ) �� W 410. BUYER'S AND SELLER'S INITIALS REQUIRED SELLER B B 8p.411. Terms of Acceptance:This offer will become a binding Contract when acceptance is signed by Seller and 412. a signed copy delivered in person,by mail,facsimile or electronically,and received by Broker named in Section 8q 413. by April 25 2022 at 6 ❑a.m. /® p.m., Mountain Standard Time.Buyer 414. may withdraw this offer at any time prior to receipt of Seller's signed acceptance. If no signed acceptance is received by this 415. date and time,this offer shall be deemed withdrawn and the Buyer's Earnest Money shall be returned. 416. THIS CONTRACT CONTAINS TEN PAGES EXCLUSIVE OF ANY ADDENDA AND ATTACHMENTS.ENSURE THAT YOU HAVE 417. RECEIVED AND READ ALL TEN PAGES OF THIS OFFER AS WELL AS ANY ADDENDA AND ATTACHMENTS. Vacant Land/Lot Purchase Contract•Updated:October 2019 <Initials Copyright®2019 Arizona Association of REALTORS®.All rights reserved. Initials> SELLER SELLER Page 9 of 10 BUYER BUYER 10 [oil -.- RIM Jordan Pelletier I North & Co 1 602-714-7000 Instanet Authentisign ID:3AC71D97-B6C4-EC11-997E-501AC586CB79 Page 10 of 10 Vacant Land/Lot Purchase Contract>> 8q.418. Broker on behalf of Buyer: 419. Jordan Pelletier jp493 SA573377000 PRINT SALESPERSON'S NAME AGENT MLS CODE AGENT STATE LICENSE NO. 420. North & Co nrtcOl PRINT FIRM NAME FIRM MLS CODE 421. 5635 E Thomas Rd Phoenix AZ 85018 LC66173100 FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO. 8r. 422. 480-620-9371 jordan@northandco.com PREFERRED TELEPHONE FAX EMAIL 423. Agency Confirmation:The Broker named in Section 8q above is the agent of(check one): 8s.424. ©the Buyer; ❑the Seller;or ❑both the Buyer and Seller 425. The undersigned agree to purchase the Premises on the terms and conditions herein stated and acknowledge receipt 426. of a dopy hereof including the Buyer Attachment. " 427. Eef;Dale wagyoherIt 04/22/2022 E nge�a�`/�'�(ut 04/22/2022 "BUYER'S SIGNATURE MO/DA/YR "BUYER'S SIGNATURE MO/DA/YR Jerry Dale Waggoner Jr Angela Marie Kubehl 428. ADDRESS ADDRESS 429. CITY,STATE,ZIP CODE CITY,STATE,ZIP CODE 9. SELLER ACCEPTANCE 9a.430. Broker on behalf of Seller: 431. Elena Rivera Woods er091 SA567049000 PRINT SALESPERSON'S NAME AGENT MLS CODE AGENT STATE LICENSE NO. 432. HomeSmart cril23 PRINT FIRM NAME FIRM MLS CODE 433. 2913 N Power Rd Mesa AZ 85215 LC506032027 FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO. 434. (480) 346-7505 _(602) 749-6730 elena@riverawoods.com PREFERRED TELEPHONE FAX EMAIL 9b.435. Agency Confirmation:The Broker named in Section 9a above is the agent of(check one): 436. ®the Seller; or ❑both the Buyer and Seller 9c.437. The undersigned agree to sell the Premises on the terms and conditions herein stated,acknowledge receipt of a 438. copy hereof and grant permission to Broker named in Section 9a to deliver a copy to Buyer. 439. Counter Offer is attached,and is incorporated herein by reference.Seller should sign both this offer and the Counter Offer. 440. hlftthere is a conflict between this offer and the Counter Offer,the provisions of the Counter Offer shall be controlling. 441. BryAht Powell 04/25/22 ELLER'S SIGNATURE MO/DA/YR "SELLER'S SIGNATURE MO/DA/YR 442. CITY OF APACHE JUNCTION SELLER'S NAME PRINTED SELLER'S NAME PRINTED 443. ADDRESS ADDRESS 444. CITY,STATE,ZIP CODE CITY,STATE,ZIP CODE ❑OFFER REJECTED BY SELLER: MONTH DAY YEAR (SELLER'S INITIALS) For Broker Use Only: Brokerage File/Log No. Manager's Initials Broker's Initials Date MO/DA/YR Vacant Land/Lot Purchase Contract•Updated:October 2019 Copyright®2019 Arizona Association of REALTORS& All rights reserved. NEU E Page 10 of 10 ❑ . ■ Jordan Pelletier I North & Co 1 602-714-7000 Instanet Aulhentisign ID:3AC71D97-B6C4-EC11.997E-501AC586CB79 MARKET CONDITIONS ADVISORY Document updated: February 2021 The pre-printed portion of this form has been drafted by the Arizona Association of REALTORV. A R I Z 0 N A Any change in the pre-printed language of this form must be made in a prominent manner. [1312, ...'I.11..�f No representations are made as to the legal validity,adequacy and/or effects of any provision, R E A LT O R S' including tax consequences thereof.If you desire legal,tax or other professional advice,please REAL-O.' :!::*'°n REAL SOLUTIONS REALTOR•SUCCESS. consult your attorney,tax advisor or professional consultant. The real estate market is cyclical and real estate values go up and down. The financial market also changes, affecting the terms on which a lender will agree to loan money on real property. It is impossible to accurately predict what the real estate or financial market conditions will be at any given time. The ultimate decision on the price a Buyer is willing to pay and the price a Seller is willing to accept for a specific property rests solely with the individual Buyer and Seller. The parties to a real estate transaction must decide on what price and terms they are willing to buy or sell in light of market conditions,their own financial resources and their own unique circumstances. The parties must, upon careful deliberation, decide how much risk they are willing to assume in a transaction.Any waiver of contingencies, rights or warranties in the Contract may have adverse consequences. Buyer and Seller acknowledge that they understand these risks. Buyer and Seller assume all responsibility should the return on investment,tax consequences, credit effects, or financing terms not meet their expectations.The parties understand and agree that the Broker(s) do not provide advice on property as an investment. Broker(s) are not qualified to provide financial, legal, or tax advice regarding a real estate transaction. Therefore, Broker(s) make no representation regarding the above items. Buyer and Seller are advised to obtain professional tax and legal advice regarding the advisability of entering into this transaction. THE UNDERSIGNED ACCEPT AND UNDERSTAND THE FOREGOING AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS ADVISORY. rAuthenb ALI ti l�rry Dale WAypher]r 04/22/22 8efa CALI"P 04/22/22 SIG URE MO/DANR SIGNATURE MO/DANK Jerry Dale Waggoner Jr Angela Marie Kubehl NAME NAME Market Conditions Advisory•Updated:February 2021 Copyright®2021 Arizona Association of REALTORS".All rights reserved. Jordan Pelletier I North & Co 1 602-714-7000 TRANSACTIONS D Authentisign ID:3AC71D97-B6C4-EC11-997E-501AC586CB79 Arizona Association of REALTORS REAL ESTATE AGENCY DISCLOSURE AND ELECTION Document January Updated January 2009 The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®.Any A R I Z 0 N A change in the pre-printed language of this form must be made in a prominent manner. No ,! representations are made as to the legal validity,adequacy and/or effects of any provision,Including Q 9. R E A LT 0 R 8' tax consequences thereof.If you desire legal,tax or other professional advice,please consult your a,w, REAL SOLUTIONS. REALTORS SUCCESS attorney,tax advisor or professional consultant. 1. Firm Name("Broker") North & Co 2. acting through Jordan Pelletier hereby makes the following disclosure. LICENSEE'S NAME DISCLOSURE 3. Before a Seller or Landlord (hereinafter referred to as "Seller") or a Buyer or Tenant (hereinafter referred to as "Buyer") enters into 4. a discussion with a real estate broker or licensee affiliated with a broker, the Seller and the Buyer should understand what type of agency 5. relationship or representation they will have with the broker in the transaction. 6. I. Buyer's Broker: A broker other than the Seller's broker can agree with the Buyer to act as the broker for the Buyer. In these 7. situations, the Buyer's broker is not representing the Seller, even if the Buyer's broker is receiving compensation for services 8. rendered,either in full or in part,from the Seller or through the Seller's broker: 9. a) A Buyer's broker has the fiduciary duties of loyalty,obedience,disclosure,confidentiality,and accounting in dealings with the Buyer. 10. b) Other potential Buyers represented by broker may consider, make offers on, or acquire an interest in the same or similar 11. properties as Buyer is seeking. 12. 11. Seller's Broker:A broker under a listing agreement with the Seller acts as the broker for the Seller only: 13. a) A Seller's broker has the fiduciary duties of loyalty,obedience,disclosure,confidentiality,and accounting in dealings with the Seller. 14. b) Other potential Sellers represented by broker may list properties that are similar to the property that Seller is selling. 15. III. Broker Representing both Seller and Buyer (Limited Representation): A broker, either acting directly or through one or more 16. licensees within the same brokerage firm, can legally represent both the Seller and the Buyer in a transaction, but only with the 17. knowledge and informed consent of both the Seller and the Buyer. In these situations, the Broker, acting through its licensee(s), 18. represents both the Buyer and the Seller,with limitations of the duties owed to the Buyer and the Seller: 19. a) The broker will not, without written authorization, disclose to the other party that the Seller will accept a price or terms other than 20. stated in the listing or that the Buyer will accept a price or terms other than offered. 21. b) There will be conflicts in the duties of loyalty, obedience, disclosure and confidentiality. Disclosure of confidential information may 22. be made only with written authorization. 23. Regardless of who the Broker represents in the transaction, the Broker shall exercise reasonable skill and care in the performance of the 24. Broker's duties and shall be truthful and honest to both the Buyer and Seller and shall disclose all known facts which materially and adversely 25. affect the consideration to be paid by any party. Pursuant to A.R.S. §32-2156, Sellers, Lessors and Brokers are not obligated to disclose that 26. a property is or has been: (1) the site of a natural death, suicide, homicide, or any crime classified as a felony; (2) owned or occupied by a 27. person exposed to HIV, or diagnosed as having AIDS or any other disease not known to be transmitted through common occupancy of real 28. estate; or (3) located in the vicinity of a sex offender. Sellers or Sellers' representatives may not treat the existence, terms, or conditions of 29. offers as confidential unless there is a confidentiality agreement between the parties. 30. THE DUTIES OF THE BROKER IN A REAL ESTATE TRANSACTION DO NOT RELIEVE THE SELLER OR THE BUYER FROM THE 31. RESPONSIBILITY TO PROTECT THEIR OWN INTERESTS. THE SELLER AND THE BUYER SHOULD CAREFULLY READ ALL 32. AGREEMENTS TO ENSURE THAT THE DOCUMENTS ADEQUATELY EXPRESS THEIR UNDERSTANDING OF THE TRANSACTION. ELECTION 33. Buyer or Tenant Election(Complete this section only if you are the Buyer.)The undersigned elects to have the Broker(check any that apply): 34. © represent the Buyer as Buyer's Broker. 35. ❑ represent the Seller as Seller's Broker. 36. © show Buyer properties listed with Broker's firm and Buyer agrees that Broker shall act as agent for both Buyer and Seller provided that 37. the Seller consents to limited representation. In the event of a purchase, Buyer's and Seller's informed consent should be 38. acknowledged in a separate writing other than the purchase contract. 39. Seller or Landlord Election(Complete this section only if you are the Seller.)The undersigned elects to have the Broker(check any that apply): 40. ❑ represent the Buyer as Buyer's Broker. 41. ❑ represent the Seller as Seller's Broker. 42. ❑ show Seller's property to Buyers represented by Broker's firm and Seller agrees that Broker shall act as agent for both Seller and 43. Buyer provided that Buyer consents to the limited representation. In the event of a purchase, Buyer's and Seller's informed consent 44. should be acknowledged in a separate writing other than the purchase contract. 45. The undersigned © Buyer(s)or❑ Seller(s)acknowledge that this document is a disclosure of duties.This document is not an employment agreement. 46. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE. 47. "JerrDale Waggoner Jr Angela Marie Kubehl rery NWa99oherjr 04/22/2022 L9,621 �U 04/22/202248. [ " SIGNED MOIDAIYR A SIGNED MO DA/YR Real Estate Agency Disclosure and Election•Updated:January 2009•Copyright m 2009 Arizona Association of REALTORS&All rights reserved. 10 M Jordan Pelletier I North & Co 1 602-714-7000 Instanet Authentisign ID:3AC71 D97-B6C4-EC1 1-997E-501AC586CB79 AMERICA FIRST CREDIT UNION /r£ra+�Ers C'Orar£ �5-irs�- Conditional Approval Date: 04/22/2022 Jerry Dale Waggoner jr Angela Marie Kubehl Subject property: TBD Apache Junction AZ, 85119 Congratulations! We reviewed your credit report& other pertinent information and we're pleased to provide conditional America First loan approval. This is based on the proposed terms &conditions indicated on your application. Loan requests will not be considered applications for credit until property addresses are identified. Any change in credit balances, employment, assets, or savings may alter the loan's status. Loan program: Lot Purchase Term (in months): 360 Interest rate: 5.685 APR: 7 Purchase price: 220,000 Loan amount: 176,000 Conditional approval is subject to property review, title report acceptability, income documentation, and other necessary factors that may be discovered before final approval. We greatly appreciate you choosing America First to help you achieve the dream of homeownership and look forward to serving your complete financial needs. This qualification will expire in 60 days and is not a commitment to lend or an extension of an interest-rate lock. Sincerely, Daniel Foerster 801-932-2428 dfoerster@americafirst.com NMLS#: 717669 America First Credit Union Mortgage Lending Company NMLS#: 412819 Authentisign ID:3AC71D97-B6C4-EC11-997E-501ACS86CB79 AMAI A ZEUS. WIRE FRAUD ADVISORY Criminals are targeting social media and email to steal information. This is particularly common in real estate transactions because sensitive data, including social security numbers, bank account numbers, and wire instructions are often sent by electronic means. We do not want you to be the next victim of wire fraud. Money wired to a fraudulent account is stolen money that typically cannot be recovered. Additionally, there is generally no insurance for this loss. You may never get the money back. PROTECT DO NOT TRUST EMAILS CONTAINING WIRE INSTRUCTIONS YOURSELF If you receive an email containing wire transfer instructions, immediately call your escrow officer to ensure the validity of the instructions. DO NOT TRUST EMAILS SEEKING PERSONAL/FINANCIAL INFORMATION • If you receive an email requesting personal/financial information or asking you to download, click on a link, send, and/or do anything that may seem unusual to you, call your escrow officer immediately prior to acting on the suspicious email to verify the validity of the email. TRUST YOUR SOURCE OF INFORMATION • Never direct, accept or allow anyone in the transaction to consent to receiving transfer instructions without a direct personal telephone call to the individual allegedly providing the instructions. • It is imperative that this call be made to a number obtained in person from the individual or through other reliable means, not from a number provided in the email or the wiring instructions. ONLINE RESOURCES: There are many online sources that can provide useful information regarding similar topics including, but not limited to,the following sites: The Federal Bureau of Investigation @ https://www.fbi.gov/scams-and-safety The Internet Crime Complaint Center @ www.ic3.gov The National White Collar Crime Center @ https://www.nw3c.org/services/research/cyber-crime-links On Guard Online @www.onguardonline.gov Consumer Financial Protection Bureau (CFPB)@ https://www.consumefnance.gov/ about-us/blog/mortgage-closing-scams-how-protect-yourself-and-your-closing-funds/ VERIFY Before you wire funds to any party(including your lawyer,title agent, mortgage AND broker, or real estate agent) personally meet them or call a verified telephone NOTIFY number(not the telephone number in the email)to confirm before you actl Immediately notify your banking institution and Settlement/Title Company if you are a victim of wire fraud. The undersigned acknowledges receipt of this Wire Fraud Advisory. Jerry Dale Waggoner Jr Angela Marie Kubehl pn An1i A IP*nti rierry Dale WA990her r 04/22/22 ravy e to, 'U°� ��� 04/22/22 ignature Date Signature Date Jordan Pelletier I North & Co 1 602-714-7000 InstanetFORnns• Authentisign ID:3AC71097-86C4-EC11-997E-501AC586C879 Arizona Association of REALTORS ON-SITE WASTEWATER TREATMENT FACILITY ADDENDUM DocJunet201gted: The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS& A R I Z O N A Any change in the pre-printed language of this form must be made in a prominent manner. "'°""•••I No representations are made as to the legal validity, adequacy and/or effects of any provision, Q REALTORS' Including tax consequences thereof.If you desire legal, tax or other professional advice,please mwMMUC MOR REAL SOLUTIONS,pR�EALTOM SUCCESS consult your attorney,tax advisor or professional consultant. .na�aelr 1 Buyer: Jerry Dale Waggoner Jr Angela Marie Kubehl 2 Seller: CITY OF APACHE JUNCTION 3 Property/Premises Address: 978 E ROOSEVELT Street — Apache Junction AZ 85119 4 Assessor's#: 101-18-034 5 Date: 04/22/2022 6 The following additional terms and conditions are hereby included as a part of the Contract between Buyer and Seller for the above referenced 7 Property/Premises. 8 One or more On-Site Wastewater Treatment Facility (conventional septic or alternative system) (the "Facility") has been installed on the 9 Property/Premises.The Arizona Department of Environmental Quality("ADEQ")rules require a pre-transfer inspection by Seller. 10 Facility Inspection: Seller shall have the Facility inspected at Seller's expense within six (6) months prior to Close of Escrow, but no later 11 than twenty(20)days or days after Contract acceptance. The Facility inspection shall be completed by an inspector recognized by the 12 applicable governmental authority as qualified to inspect the type of Facility installed on the Property/Premises. 13 Conventional Septic System Pumping: If the Facility is a conventional septic system or alternative system that uses a septic tank, prior 14 to Close of Escrow it shall be pumped at Seller's expense to remove, to the maximum extent possible, solid, floating, and liquid waste 15 accumulations, unless: (1) a Discharge Authorization for the Facility was issued and the Facility was put into service within twelve (12) months 16 before the transfer of ownership inspection; (ii) pumping or servicing is not necessary based on the manufacturer's written operation and 17 maintenance instructions;or(iii)no accumulation of floating or settled waste was present in the septic tank or wastewater container. 18 Document Delivery: Within twenty (20) days or days after Contract acceptance, Seller shall provide Buyer with: (i) the Report of 19 Inspection form completed by a qualified inspector; and (ii) any other documents in Seller's possession that relate to the permitting or operation 20 and maintenance of the Facility(collectively the"Facility Documents"). 21 Repair Costs: If the Facility is "Not Functional" per the Report of Inspection and/or cannot be certified by the applicable government authority, 22 Seller shall pay to repair the Facility provided that such repairs do not exceed one percent(I%)of the purchase price or$ 23 If repair costs exceed the amount that Seller agrees to pay: (i) Buyer may immediately cancel this Contract; or (ii) Seller may cancel 24 this Contract unless Buyer agrees in writing to pay such costs in excess of the amount that Seller is obligated to pay. 25 If the Facility is "Functional with concerns" per the Report of Inspection, Buyer and Seller acknowledge and understand they may, but are not 26 obligated to,engage in negotiations for repairs/improvements to the Facility. 27 Buyer Disapproval: By delivering to Seller a signed notice, Buyer may cancel this Contract within the Inspection Period or five (5) days after 28 receipt of the Facility Documents, whichever is later, and be entitled to a return of the Earnest Money. Prior to expiration of the specified time 29 frame, Buyer and Seller may, but are not obligated to, engage in negotiations for repairs/improvements to the Facility. Buyer's failure to deliver 30 a signed notice of cancellation within the specified time period shall conclusively be deemed Buyer's election to proceed with the transaction 31 without repairsrmprovements to the Facility. 32 Notice of Transfer: Buyer shall deliver to Escrow Company a completed ADEQ Notice of Transfer of Ownership of an On-Site Wastewater 33 Treatment Facility form (the "Notice of Transfer") prior to Close of Escrow. Escrow Company is instructed to file the Notice of Transfer and the 34 filing fee(s)with the applicable governmental authority at Close of Escrow. 35 Notice of Transfer Filing Fee: The Notice of Transfer Filing Fee and any other Facility transfer of ownership fees shall be paid by: 36 ❑ Buyer © Seller ❑ Split evenly between Buyer and Seller 37 Additional Terms: 38 39 A,..[ a,,,h«erryDaleWaggoher�r 04/22/2022 , 58 a TXUN( 04/22/2022 40 A RNY%R'S SIGNATURE MO/DA/YR A BUYER'S SIGNATURE MODA/YR 41�trry Da Wa oner Jr Angela Marie Kubehl Yyaht Powell 04/25/22 SELLER'S SIGNATURE MO/DA/YR A SELLER'S SIGNATURE MO/DA/YR CITY OF APACHE JUNCTION For Broker Use Only: Brokerage File/Log No. Manager's Initials Broker's Initials Date MO/DA/YR On-site Wastewater Treatment Facility Addendum•Updated:June 2018•Copyright®2018 Arizona Association of REALTORS&All rights reserved ❑0 a Page 1 of 1 IN Jordan Pelletier I North & Co 1 602-714-7000 ( Instanet Authentisign ID 6FC475DD-D4C4-EC11-997E-501AC5B6CB79 COUNTER OFFER 1 tlocument June2pdated: June 2021 The pre-printed portion of this form has been drafted by the Arizona Association of REALTORr. A R I Z O N A Any change In the pre-printed language of this form must be made In a prominent manner. i� ..,. WI...f No representations are made as to the legal validity,adequacy and/or effects of any provision, R E A LT O R S' Including tax consequences thereof.If you desire legal,tax or other professional advice,please REALIOTe RRAL AOLUT DNS REALTOR•RUOORRR. consuft your attorney,tax advisor or professional consultant. 1. This is a Counter Offer originated by: ® Seller ❑ Buyer ❑ Landlord ' Tenant 2. This is a Counter Offer to the © Offer ❑ Counter Offer dated 04/22/2022 between the following Parties: MO/DA/YR 3. Seller/Landlord: City of Apache Junction 4. Buyer/Tenant:Jerry Dale Waggoner Jr Angela Marie Kubehl 5. Premises Address: 978 E Roosevelt Apache Junction AZ 85119 6. Acceptance of the above Offer and/or Counter Offer is contingent upon agreement to the following: 7 Purchase price to be $232,500. 8. Acceptance of Purchase Contract to be contingent upon final approval of the Apache 9 Junction City Council, no later than May 4, 2022. 10. 11. All other terms and conditions to remain the same. 12. 13. 14. 15. 16. 17. 18. -- - - - 19. Terms of Acceptance:Unless acceptance of this Counter Offer is signed by all parties and a signed copy delivered in person,by mail, 20. facsimile or electronically,and received by the originating party's Broker named in the Contract Section 8q or 9a as applicable 21. by 04/26/2022 at 6:00 E) a.m.® p.m.,Mountain Standard Time,this Counter Offer shall be considered withdrawn. 22. Except as modified by this Counter Offer, all other terms and conditions of the above referenced Offer/Counter Offer(s) shall remain 23. unchanged and deemed accepted.Until this Counter Offer has been accepted in the manner described above,the Parties understand 24. that the Party originating this Counter Offer may withdraw the offer to buy,sell,or lease the Premises. 25. Tbemndersianed acknowledges receipt of a copy hereof. 26. vyAht Fowetll Date: 04/25/2022 Time: 11:13 AM 27. © Seller Buyer Landlord Tenant 28. Date: Time: 29. ❑ Seller ❑ Buyer Landlord Tenant 3o. ❑ RESPONSE 31. An additional Counter Offer is attached, and Is Incorporated by reference. If there is a conflict between this Counter Offer and the 32. additional Counter Offer,the provisions of the additional Counter Offer shall be controlling. 33. Date: Time: 34. ❑ Seller ❑ Buyer ❑ Landlord ❑ Tenant 35. Date: Time: 36. ❑ Seller ❑ Buyer ❑ Landlord ❑ Tenant 37. Z ACCEPTANCE 38. I ed agre s to the terms and conditions of this Counter Offer and acknowledges receipt of a copy hereof. 39. erry ale WAgyoher j Date: 04/25/22 Time: 3.05 PM 40. X B',ueRr ❑ Landlord ❑ Tenant 41. Ada, """R Date: 04/25/22 Time: 3:38 PM 42. eller X Buyer ❑ Landlord El Tenant For Broker Use Only: Brokerage File/Log No. Manager's Initials Broker's Initials Date MOroA/YR Counter Offer•Updated:June 2021•Copyright O 2021 Arizona Association of REALTORS*.All rights reserved. Elena E Rivera Woods I HomeSmart 1 480-984-7777 1 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-265 Agenda Item No. 13. Agenda Date: 5/3/2022 Sponsor: Liz Langenbach In Control: City Council MeetingIndex: Presentation, discussion and consideration, of Resolution No. 22-15, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, authorizing the city to enter into an intergovernmental agreement with the Maricopa Association of Governments for design assistance funding for a multi-use path adjacent to US60/USBR90 (US Bike Route 90), between South Superstition Mountain Drive and Goldfield Rd. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 300 E. Superstition Blvd.  APACHE JUNCTION, AZ 85119  PHONE (480) 983-2181  FAX (480) 982-2438  TDD (480) 983-0095 City of Apache Junction Home of the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: May 3, 2022 SUBJECT: Consideration of Resolution 22-15; Design Assistance Funding Multi-Use Path at US60/USBR90 Between Superstition Mountain Drive and Goldfield Rd. The city’s Development Services Department and Parks and Recreation Department have identified an area that would be eligible for design assistance funding through the Maricopa Association of Government’s (“MAG”) Active Transportation Committee. A part of our Active Transportation Plan, a multi-use path is desired between Superstition Mountain Drive and Goldfield Road, adjacent to the U.S. 60 for the following reasons: 1. Connectivity to our existing multi-use trail system that currently ends at Silly Mountain 2. Connectivity to a safer location for US Bike Route 90 along this stretch of the highway 3. A desire from Arizona Department of Transportation, Pinal County, and the city to m ove the Lost Dutchman Marathon off of the highway in this section to provide a safer experience for both runners and vehicles The city applied for a Design Assistance Grant for 15% design drawings that would help to assess the viability of this multi-use path, determine challenging areas, and estimate potential construction costs. The path would be designed to accommodate equestrians, hikers, bikers, and runners. The city was awarded only a portion of the design assistance funding so had to put this on hold; however, the MAG Regional Council recently approved the additional funds in a 2022 Closeout Award. $26,988 - Initial Design Assistance Funding awarded $45,275 - Closeout Funding awarded $ 2,737 – City matching funds (5.7% of Closeout Funding) We are very excited to continue finding ways to achieve the goals in our Active Transportation Plan and expand our opportunities to develop safe trail systems throughout our community. We ask for your consideration to adopt Resolution 22-15 and approve the IGA between the City and MAG at your May 3, 2022 Council Meeting. RESOLUTION NO. 22-15 PAGE 1 OF 2 RESOLUTION NO. 22-15 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA ASSOCIATION OF GOVERNMENTS FOR A MULTI-USE PATH AT U.S.60/U.S.Bike Route (“B.R.”)90 APACHE JUNCTION S. SUPERSTITION MOUNTAIN DRIVE TO GOLDFIELD ROAD. WHEREAS, the City of Apache Junction(“City”) and the Maricopa Association of Governments (“MAG”) desire to enter into an Intergovernmental Agreement (“IGA”) for d e s i g n assistance of a multi-use path project adjacent to U.S.60/U.S.B.R.90 between South Superstition Mountain Drive and Goldfield Road (the “Project”); and WHEREAS, the City successfully applied for design assistance funding from MAG for the Project; and WHEREAS, the goal of the Project is to provide assessment and design assistance for the future construction of a multi-use path at US60/USBR90 for the purpose of hikers, equestrians, cyclists and pedestrians; and WHEREAS, MAG shall be the designated agent for the City insofar as contracting with the consultant on the Project and facilitating scoping and payment ; and WHEREAS, pursuant to A.R.S. § 11-952(A), public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the attached written agreement (“MAG Agreement No. 1137A-0E”) sets forth the financial and administrative conditions for the Project and WHERAS, MAG will contribute $47,275 and the City $2,737 towards completing the Project. RESOLUTION NO. 22-15 PAGE 2 OF 2 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 approve the form of the IGA set forth in Attachment A; and the mayor is hereby authorized to sign the IGA on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2022. SIGNED AND ATTESTED TO THIS DAY OF , 2022. WALTER “CHIP” WILSON Mayor ATTEST: JENNIFER PEÑA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ATTACHMENT A MAG Agreement No. 1137A-0E 1 AGREEMENT BETWEEN MARICOPA ASSOCIATION OF GOVERNMENTS AND THE CITY OF APACHE JUNCTION FOR THE MULTI USE PATH – US60/USBR – 90 APACHE JUNTION S. SUPERSTITION MOUNTAIN DRIVE TO GOLDFIELD ROAD This agreement (“Agreement”) is between the Maricopa Association of Governments (“MAG”), an Arizona non-profit corporation, and the City of Apache Junction, an Arizona municipal corporation (“CITY”), collectively referred to as the “Parties,” or individually as a “Party.” This Agreement shall become effective as of the last date of execution below and shall continue in full force and effect until January 30, 2023. MAG and CITY view this Agreement as a mutually beneficial relationship. A) Statutory Authorization Agreement MAG MAG is empowered by Arizona Revised Statutes §§ 28-6308 and 28-6353 to enter into this Agreement. CITY OF APACHE JUNCTION CITY is authorized by Arizona Revised Statutes § 11-952 to enter into this Agreement. B) Purpose of the Agreement The purpose of this Agreement is to identify and define the level of financial participation by CITY and MAG to prepare the Multi Use Path – US60/USBR – 90 Apache Junction S. Superstition Mountain Drive to Goldfield Road (“PROJECT”). The PROJECT will be completed through a MAG On-Call Contract using a consultant(s) from the approved Pedestrian and Bicycle Facilities Design Assistance Program and Bicycle and Pedestrian Master Plans and First Time Updates On-Call Consultant list. The cost of this PROJECT will not exceed $48,012. C) Mission/Goal Statement The goal of the PROJECT is to provide Project Assessment for the Multi Use Path – US60/USBR – 90 Apache Junction S. Superstition Mountain Drive to Goldfield Road for the CITY. D) Study Funding 1. MAG is the recipient of Surface Transportation Block Grant Program Funds as described in the amendments and modifications to the Fiscal Year 2022-2025 Transportation Improvements Plan (TIP). 2. The consultant contract for the PROJECT will be for an amount not to exceed $48,012. Subject to the availability of funding and approval of their respective governing bodies, funding for the PROJECT will be shared among the Parties as follows: The original amount allocated to the CITY for the PROJECT is $48,012. Subject to the availability of funding and approval of their respective governing bodies, funding for the PROJECT will be shared among the Parties as follows. Maricopa Association of Governments $ 47,275 94.3% CITY/TOWN match $ 2,737 5.7% Total / Subtotal $ 48,012 100% MAG Agreement No. 1137A-0E 2 3. Cost adjustments: The MAG/CITY proportional share for the awarded funds is to be split 94.3/5.7 for any amount less than or equal to original allocated amount of $48,012. If at any time during the Project MAG anticipates that there will be cost overruns, MAG will immediately notify CITY and schedule a meeting to discuss the status of the Project. If the cost for the consultant is more than the original allocated amount (including proportional share), it will be the CITY’s responsibility to cover excess costs. 4. CITY financial participation is limited to paying CITY’S share including addition CITY local funds as provided in paragraphs 3 above. It shall be MAG’s responsibility to enter into the consultant contract. 5. MAG will invoice CITY for CITY’S share within thirty (30) calendar days of execution of this Agreement. CITY shall make payment to MAG within thirty (30) calendar days after receipt of invoice. The financial contribution of both Parties shall be deposited into the specified account no later than sixty (60) calendar days after payment of invoice. MAG shall maintain billing accounts and financial records during and for three (3) years after the completion of this Agreement and will produce the same to CITY upon CITY’S written request. 6. All notices or demands required to be given pursuant to the terms of this Agreement shall be given to the other Party in writing, delivered in person, sent by confirmed email, deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, or deposited with any commercial air courier or express service at the addresses set forth below, or to such address as the Parties may substitute by written notice given in the manner described in this paragraph. For MAG: Eric J. Anderson Executive Director Maricopa Association of Governments 302 North First Avenue, Suite 300 Phoenix, Arizona 85003 602-254-6300 For the CITY Liz Langenbach, CPRP Parks & Recreation Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 (480)474-5083 Notices shall be deemed received on date delivered, if delivered by hand; on the day it is sent by confirmed email; on the second day after its deposit with any commercial air courier or express service; or, if mailed, ten (10) calendar days after the notice is deposited in the United States mail as above provided; and on the delivery date indicated on receipt if delivered by certified or registered mail. Any time period stated in a notice shall be computed from the time the notice is deemed received. Notices sent by confirmed email shall also be sent by regular mail to the recipients at the above addresses. This requirement for duplication notice is not intended to change the effective date of the notice sent by confirmed email. 7. In the event that the MAG funds required for performance of this Agreement are withdrawn or are not available for funding, this Agreement, without penalty to any of the Parties, may be immediately terminated; and any unspent financial contribution paid by CITY will be returned to CITY. MAG Agreement No. 1137A-0E 3 8. After the PROJECT has been completed and the final retainage invoice has been paid to the consultant, the CITY will invoice MAG within 30 days for reimbursement of CITY’S SHARE that has not been spent (if any). E) General Terms and Conditions of the Agreement 1. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of the State of Arizona. 2. Severability. If any provision of this Agreement is declared invalid, illegal or unenforceable, that provision shall be severed from the Agreement, and the remaining provisions shall otherwise remain in full force. 3. Hold Harmless. MAG and CITY (each as “Indemnitor”) agree to indemnify, defend, and hold harmless the other Party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including, but not limited to, reasonable attorneys' fees) (hereinafter collectively referred to as "Claims”) arising out of the bodily injury of any person (including death) or property damage and any other claims (including, but not limited to, claims of derivative or vicarious liability), which are caused by the act, omission, negligence, misconduct or other fault of the Indemnitor, its officers, officials, agents, employees or volunteers. 4. This Agreement shall not be construed to imply authority to perform tasks, or accept any responsibility, not expressly set forth herein. 5. This Agreement shall be strictly constructed against the creation of a duty or responsibility unless the intention to do so is clearly and unambiguously set forth herein. 6. This Agreement shall be subject to cancellation for conflict of interest without penalty or further obligations as provided by A.R.S. § 38-511. 7. This Agreement constitutes the entire understanding of the Parties and supersedes all previous representations, written or oral, with respect to the services specified herein. This Agreement may not be modified or amended except by a written document, signed by authorized representatives of each Party. 8. Each Party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of each has been properly authorized and empowered to enter into this Agreement. Each Party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. 9. Each of the following shall constitute a material breach of this Agreement and an event of default ("Default") hereunder: A Party's failure to observe or perform any of the material covenants, conditions or provisions of this Agreement to be observed or performed by that Party ("Defaulting Party"), where such failure continues for a period of thirty (30) days after the Defaulting Party receives written notice of such failure from the non-defaulting party, provided however that such failure shall not be a Default if the Defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion, but the total aggregate cure period shall not exceed ninety (90) days unless the Parties agree in writing that additional time is reasonably necessary under the circumstances to cure the default. In the event a Defaulting Party fails to perform any of its material obligations under this Agreement and is in Default, the non-defaulting party, at its option, may terminate this Agreement. Further, upon the occurrence of any Default and at any time thereafter, the non-defaulting party may, but shall not be required to, exercise any remedies now or hereafter available to it at law or in equity. MAG Agreement No. 1137A-0E 4 10. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated by reference regarding “Non-Discrimination.” 11. Non-Availability of Funds: Every obligation of the Parties under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Parties at the end of the period for which the funds are available. No liability shall accrue to the Parties in the event this provision is exercised, and the Parties shall not be obligated or liable for any future payments as a result of termination under this paragraph. 12. In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518. 13. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 14. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 15. In accordance with Arizona law, attached is the written determination of each Party's legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. (Signature page follows) MAG Agreement No. 1137A-0E 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. CITY, an Arizona municipal corporation By: Walter “Chip” Wilson Mayor City of Apache Junction Date: Attest: By: Jennifer Pena City Clerk City of Apache Junction Maricopa Association of Governments, an Arizona non-profit corporation By: Eric J. Anderson Executive Director Date: Reviewed as to form by General Counsel for Maricopa Association of Governments, and Counsel for the CITY I have reviewed the above referenced Agreement between MAG and the CITY, an agreement proper in form and within the powers and authority granted to the CITY under the laws of the State of Arizona. No opinion is expressed as to the authority of MAG to enter into this Agreement. NAME Kathryn E. Gasior Joel Stern Maricopa Association of Governments CITY Attorney General Counsel City of Apache Junction MAG Agreement No. 1137A-0E 6 APPENDIX A - SCOPE OF SERVICES MARICOPA ASSOCIATION OF GOVERNMENTS (“MAG”) TASK ORDER NO. 07 ON-CALL CONTRACT NO. 1137A-0E, Lokahi, LLC PEDESTRIAN AND BICYCLE FACILITIES DESIGN ASSISTANCE PROGRAM ON-CALL AND MAG BICYCLE AND PEDESTRIAN MASTER PLANS AND FIRST TIME UPDATES ON-CALL MULTI USE PATH - US 60/USBR-90 APACHE JUNCTION, S. SUPERSTITION MOUNTAIN DRIVE TO GOLDFIELD ROAD MAG PROJECT NO. 0600-0145-22-E001-1137A-0E.000007 TASK ORDER SUMMARY The purpose of this section is to outline the major tasks required to be performed by Lokahi, LLC in order to produce the needed analyses and deliverables to City of Apache Junction (COAJ) and MAG. The project will address pedestrian/bicycle improvements according to the MAG Pedestrian Policy. The project Studies/Project Assessment/Preliminary Engineering projects will reference documents including the MAG Active Transportation Plan 2020, the National Association of City Transportation Officials (NACTO) Urban Bikeway Design Guide, and American Association of State Highway and Transportation Officials (AASHTO) Standards. Studies will also include pertinent COAJ Standards for Multi-Modal Connectivity. A multi-use path along the north side of U.S. 60 which is also U.S. Bike Route 90 for 2.68 miles within the COAJ. The project connects the area of unincorporated Gold Canyon from S. Superstition Mountain Drive/U.S. 60 to Goldfield Road/U.S. 60 within the existing ADOT right-of-way. This facility would assist and extend the regional connection to the Tepee/Adobe/8th Street Regional Conduit identified in the MAG Active Transportation Plan. US 60 is a heavily traveled multi-lane highway for vehicles but also for area residents travelling and recreating to destinations in the COAJ such as Silly Mountain Park and its hiking and biking trails. This will offer a safer and more direct route for US Bike Route 90 users along US 60 and Old West Highway (Old US 60) by eliminating the portion of USBR 90 adjacent to the US 60 Freeway. Residents of Gold Canyon will be able to connect to the city trail system and city residents can more easily get to destinations in Gold Canyon and the Superstition Wilderness trail heads such as the Lost Goldmine Trail and Peralta Trail Head. The project will also serve, in part, as a parallel path adjacent to US 60 for the Lost Dutchman Marathon. ADOT and DPS officials have expressed concerns about the safety of marathoners, volunteers, and public safety personnel. The Scope of Services described below shall not be modified except at MAG’s request or with MAG’s concurrence. Any services rendered by Lokahi, LLC (“CONSULTANT”) that MAG considers to be outside the Scope of Services of this Task Order shall not be the responsibility of MAG. TOTAL TASK ORDER BUDGET The CONSULTANT budget is attached. The total amount of this Task Order shall not exceed $75,000.00. SCOPE OF SERVICES Task 1. General Coordination and Project Administration Refine Scope of Services and Schedule The CONSULTANT will meet with MAG and the City of Apache Junction (COAJ) to review the project approach, schedule, specific requirements, and administrative procedures needed to complete this initial phase of the project. The Team will also visit the project site to discuss design MAG Agreement No. 1137A-0E 7 issues and recommendations for specific site conditions. The path is proposed to occur parallel to US60/USBR-90. The project has a limited budget, and the Consulting Team will work with the COAJ to establish what elements or segments of the path can be completed initially and what features may need to be addressed by future efforts. CONSULTANT, in consultation with the COAJ, shall develop a formal written list of key Stakeholders who will be asked to participate in developing pedestrian/bicycle improvements in the project area as defined above. At this time, the Stakeholder list will include COAJ, MAG, Area Businesses Leaders, Arizona State Land Department (ASLD), Salt River Project (SRP) and ADOT Representatives. The sub-tasks required to complete this task are as follows: 1.1 Site Visit/ Kick-Off/Programming Meeting: CONSULTANT with members from MAG and COAJ will visit the site to determine existing conditions and possible design considerations. CONSULTANT will take digital images of the various site conditions for future reference and inclusion in the documentation of the project if needed. CONSULTANT will coordinate meeting with MAG, COAJ and the Design Team to prepare for successful completion of project. Meeting notes will be prepared by CONSULTANT 1.2 Outline Goals and Approach: Outline and define the goals specific to this project. 1.3 Coordinate Project Schedule: Review the initial project schedule to accommodate scope adjustments. 1.4 Identify Existing Data: Identify and assign responsibilities for initial data exchange of pertinent information available or to be provided by the COAJ or other agencies. 1.5 Design Standards Review: CONSULTANT will also review AASHTO path design standards and COAJ’s Transportation/Active Transportation Master Plans for preparation of a conceptual path alignment and possible linkages to other existing or future multi-modal pathways. 1.6 Identify Stakeholders: CONSULTANT, in consultation with the COAJ, shall develop a formal written list of key Stakeholders who will be asked to participate in developing pedestrian/bicycle improvements in the project area as defined above. At this time, the Stakeholder list will include COAJ, area businesses leaders, ASLD, SRP and ADOT. Deliverables A. Detailed List of Activities: Based on Kick-off Meeting/Site Visit with COAJ, MAG and Stakeholders a refined detailed list of activities will be created to address project specific issues as needed. Note the refined scope of services will be made to work within the existing project budget, if additional services are required CONSULTANT will notify COAJ and MAG for a determination of changes. B. Meeting Notes: Document the Kick-off Meeting with meeting notes that include upcoming action items and milestone dates/deliverables, distributed to participants and identified stakeholders. C. Updated Schedule: Revised schedule to reflect milestones, submittal and approval dates based on feedback from the kick-off meeting. D. Field Notes: Field notes with photographs of the site visit. Task 2. Data Collection & Analysis The CONSULTANT will request from the COAJ all available information relating to the project area. Data shall include approved site plans; utility plans; base maps (topo, survey, Alta survey, ROW, easements, etc.); existing aerial photos; and other information identifying the location of streets, public rights of way, existing utilities, and existing and planned transportation facilities for all modes of transportation including public transit, bicycles, pedestrians, and automobiles. Inventories of existing general land uses in a ¼ mile radius shall also be provided, as well as information about planned street or utility modifications in the project area. Other data relevant to planning MAG Agreement No. 1137A-0E 8 pedestrian/bicycle facilities shall be collected as mutually agreed to by the CONSULTANT, COAJ, and the MAG Program Manager. CONSULTANT will prepare a report for COAJ and the MAG Program Manager documenting the data collected and its relevance to the study area as a deliverable. CONSULTANT will collect available relevant data pertinent to on- and off-site conditions and regulations or procedures, which may influence the design concepts. General data pertaining to grades, hydrology, visual character, vegetation, land use, easements, and utility information will be identified. In addition to these site factors, information pertaining to utilities, engineering constraints, site visibility, path design, lighting considerations, maintenance concerns and COAJ design guidelines will be considered. CONSULTANT will develop base sheets for this project. 2.1 Obtain Existing Data: Obtain available site data and coordinate with the COAJ staff to develop base mapping data. The main focus will be acquiring the ADOT base data and that will serve as the basis for this design evaluation. 2.2 Review Existing Data: Coordinate with the COAJ to identify information included in previous documentation pertinent to the project. 2.3 Review Survey Data: Coordinate with the COAJ to identify desired limits of the project and identify where existing data is available with a focus on the adjacent ADOT project topographic data and geotechnical report which will be the basis for this project design 2.4 Coordinate Base Sheets: Coordinate with the COAJ and ADOT to confirm the best means for developing a cost-effective base map for the path segment. The base data provided by ADOT will be the base data used to develop our base sheets no additional survey has been included. It is anticipated the base will be a hybrid of commercially available aerial photographs, COAJ data, Pinal County data and ADOT data. 2.5 Review the Mapping: Obtain available aerial imaging from in house stock resources, ADOT and survey data for use as base information. CONSULTANT will utilize existing aerial imagery from available resources to obtain an aerial photograph depicting existing site features current to the date of the data. 2.6 Review Adjacent Land Use: Review existing land use for areas adjacent to the path corridor. Discuss and define the COAJ’s knowledge of proposed and adjacent land uses. 2.7 Identify Right of Way, Tracts Easements: Identify existing tracts, to whom the tracts are dedicated and for what purpose. Identify right-of-way easements, ownership and determine areas where new easements will be required. Right-of-way easement ownership will be identified with coordination assistance from the city. 2.8 Review Existing and City Proposed Multi-Modal Travel Routes: Obtain and review information of existing and proposed pedestrian travel routes, which may link to this trail corridor. These should include roadway sidewalks, bus routes, bike paths, pedestrian links, etc. 2.9 Review Hydrology information: Obtain and review readily available hydrology reports and documents previously prepared and provided by the COAJ or obtained by the civil engineer that address drainage conditions associated with this site. 2.10 Stakeholder Meeting #1 of 3 The goal of this meeting is to gather information in an open “brainstorming” session with the stakeholders at a single meeting or “grouped” meetings MAG Agreement No. 1137A-0E 9 back-to-back during one trip. It is anticipated this meeting would be held at city hall. If stakeholders are unable to attend in person virtual attendance will be accommodated. Deliverables 1. DRAFT Base Map: Base Map for review by COAJ and stakeholders. 2. Meeting Notes: Document the Stakeholder Meeting #1 with meeting notes that include upcoming action items and milestone dates/deliverables, distributed to participants and identified stakeholders. 3. Data Inventory Memorandum: Summary of the data source and data inventoried for project. Task 3. Data Analysis The CONSULTANT will analyze and review the data collected. The Core Team and stakeholders shall provide input on issues and needs to consider in planning the pedestrian facilities. 3.1 Base Map Update: Review DRAFT Base Map and receive feedback from COAJ, MAG and stakeholders. Update Base Map. 3.2 Review Proposed Plan(s) Impacts: Review COAJ, MAG, ADOT, Pinal County, utility companies and private development impacts to the corridor. Summarize in memo and map. 3.3 Preliminary Path Alignment Alternatives: Prepare initial alternatives for review. 3.4 Preferred Alternative: Based on input from the review meeting a Preferred Alternative Alignment will be created. 3.5 Review Meeting #2 of 3: Attend a meeting to review the Preliminary Path Alignment Alternatives. Discuss and Select the Preferred Alignment. If stakeholders are unable to attend in person virtual attendance will be accommodated. Deliverables 1. DRAFT Base Map: DRAFT Base Map for review by COAJ, MAG, and stakeholders. 2. Preliminary Path Alignment Alternatives: Preliminary Path Alignment Alternatives “roll plot” format. 3. Preferred Alternative: Preferred Alternative Path Alignment “roll plot” format. 4. Meeting Notes: Document the Review Meeting #2 with meeting notes that include upcoming action items and milestone dates/deliverables, distributed to participants and identified stakeholders. Task 4. Preliminary Design/Project Assessment Report The CONSULTANT will prepare a Project Assessment (PA). The PA summarizes the initial conditions of the project. The CONSULTANT will follow the specific format provided by MAG for the preparation of this document. The PA will be prepared in a draft format and submitted for review by MAG and the COAJ. Following their review, a meeting will be scheduled to discuss the review comments and any clarifications to be incorporated. 4.1 Initial document preparation: Prepare the written document using the format provided by MAG. Submit the draft document to MAG and the COAJ for review. Portions of this document will likely require assistance from City Staff. The draft report will document identification of project goals, existing conditions, desired program, stakeholder and public input, interagency coordination, alternatives studied, preferred alternative, Sketch up model perspective graphics of design intent, order of magnitude costs and concept plan documents. MAG Agreement No. 1137A-0E 10 4.2 Submit Draft Document to MAG and COAJ for review. 4.3 Review Meeting #3 of 3: Review with COAJ and MAG results of public and stakeholder input along with comments prior to finalization of Project Assessment Report. 4.4 Finalize Project Assessment: PA based on the comments received and prepare a final PA for final review and approval by MAG and the COAJ. The final report will document identification of project goals, existing conditions, program, stakeholder and public input, interagency coordination, alternatives studied, preferred alternative. 4.5 Submit Final Project Assessment Report for Review/Approval: The plan sheets, draft report and support documentation will be organized into a collective submittal package. These documents will be submitted for review and minor adjustments will be addressed. The report is anticipated to include the following: • Introduction • Background Data • Project Scope • Project Development Consideration • Environmental Requirements (brief description): (Based on Information Provided by ADOT) • Species investigation (animals and plants) (ADOT) • Wetland and Riparian areas (ADOT) • Flood Plain encroachment (ADOT) • Section 401/404 (ADOT) • Section 4-f impacts (ADOT) • Potential contaminants (ADOT) • Social or economic impacts (ADOT) • Cultural Resources (ADOT) • Scenic or Historic Route (ADOT) • Geotechnical and Drainage requirements (Overview summary) • Right of Way requirements • Utility Relocation requirements • Typical Roadway section • Estimated Cost (based on MAG Cost Estimate Sheet) • Vicinity Map • Typical Sections • Before Photos and After Renderings • Schedule • 15% Plans in 11” X 17” format and electronic copy Deliverables 1. Draft Project Assessment Report: A draft PA Report (in final report product format) for review by COAJ, MAG, and stakeholders. 2. Meeting Notes: Document the Review Meeting #3 with meeting notes that include upcoming action items and milestone dates/deliverables, distributed to participants and identified stakeholders. 3. Final Project Assessment Report: A final PA Report; one electronic and one camera-ready copy of the report to the COAJ and MAG Program Manager. The draft report shall be reviewed, and comments shall be incorporated into the final report. Task 5. Executive Summary and Regional Significance Report CD of Project Photos The CONSULTANT will prepare an executive summary of the project. The summary shall include an aerial map of the area, before and after images, renderings, and a brief description of the pedestrian/bicycle design assistance project and key recommendations. A primary goal of the summary shall be to provide an explanation of the regional significance of the project and lessons learned from this project that could be applied to the other areas of the region to help improve the MAG Agreement No. 1137A-0E 11 pedestrian/bicycle environment. The summary shall be reviewed by the MAG Program Manager and comments shall be incorporated into the draft summary. The draft report shall be reviewed, and comments shall be incorporated into the final report. Deliverables 1. Executive Summary and Report of Regional Significance. These reports are in the same format at the Project Assessment Report but summarized for use in presentations and review by outside decision makers. 2. Electronic Format Documents: Consultant will prepare and provide, in electronic format, all project deliverables and pertinent project-related images. TASK ORDER SCHEDULE This task order will begin on or about May 15, 2022 and will end on January 30, 2023 Task 1. General Coordination and Project Administration Refine Scope of Services and Schedule May 15 - June 1, 2022 Task 2. Data Collection & Analysis June 15 - July 12, 2022 Task 3. Data Analysis June 1 - June 15, 2022 Task 4. Preliminary Design/Project Assessment Report July 1- December 30, 2022 Task 5. Executive Summary and Regional Significance Report CD of Project Photos December 1, 2022 - January 30, 2023 TASK ORDER PROJECT TEAM Jamie Blakeman, PE, PTOE, Principal Traffic Engineer Dean Chambers, PLA, ASLA, Project Manager Shelly Sorensen, PE, PTOE, Sr. Traffic Engineer Marina Stender, PE, PTOE, Sr. Traffic Engineer Grant Treinen, EIT, Traffic Designer Tyler Gafke, Traffic Designer Ivan Fraire, Traffic Designer Kristen Stevens, EIT, Traffic Designer MAG Agreement No. 1137A-0E 12 Contract No. 1137A-0E 75,000.00$ PRIME CONSULTANT Task 1 Task 2 Task 3 Task 4 Task 5 Original Costs and Rates Raw Direct Hourly Rate (2 decimal points only!) Refine Scope Data Collection Data Analysis Prelimnary Design / Project Assessment Exec Summary / Regional Significance Total Total Jamie Blakeman, PE, PTOE $76.92 2.00 2.00 2.00 4.00 1.00 11.00 846.12$ Dean Chambers, PLA, ASLA $66.00 12.00 8.00 26.00 82.00 10.00 138.00 9,108.00$ Shelly Sorensen, PE, PTOE $60.00 0.00 0.00 0.00 0.00 0.00 0.00 -$ Marina Stender, PE, PTOE $51.00 0.00 6.00 8.00 16.00 0.00 30.00 1,800.00$ Grant Treinen, EIT $36.00 4.00 8.00 8.00 42.00 2.00 64.00 3,264.00$ Tyler Gafke, Traffic Designer $33.50 0.00 0.00 0.00 0.00 0.00 0.00 -$ Ivan Fraire, Traffic Designer $32.00 0.00 24.00 16.00 115.00 0.00 155.00 5,192.50$ Kristen Stevens, EIT $29.00 0.00 0.00 0.00 0.00 0.00 0.00 -$ Total Task Hours 18.00 48.00 60.00 259.00 13.00 398.00 Total Task Cost 1,089.84$ 2,043.84$ 3,077.84$ 11,727.68$ 808.92$ 18,748.12$ Overhead (and/or Fringe) Rate (Audited Rate)1.70 1,852.73$ 3,474.53$ 5,232.33$ 19,937.06$ 1,375.16$ 31,871.81$ Total Labor with Overhead 2,942.57$ 5,518.37$ 8,310.17$ 31,664.74$ 2,184.08$ 50,619.93$ Fee (10% max rate)10%294.26$ 551.84$ 831.02$ 3,166.47$ 218.41$ 5,062.00$ Original Total Labor With Overhead and Fee 3,236.83$ 6,070.21$ 9,141.19$ 34,831.21$ 2,402.49$ 55,681.93$ PRIME CONSULTANT Task 1 Task 2 Task 3 Task 4 Task 5 Reimbursable Expenses Refine Scope Data Collection Data Analysis Prelimnary Design / Project Assessment Exec Summary / Regional Significance Total Cost Travel -$ -$ -$ -$ -$ -$ Local Travel -$ -$ -$ -$ -$ -$ Airfare (Example)-$ -$ -$ -$ -$ -$ Lodging and Subsistence (Example)-$ -$ -$ -$ -$ -$ Local Travel (Example)-$ -$ -$ -$ -$ -$ Meeting Expenses (Example)-$ -$ -$ -$ -$ -$ Video Conference Expenses (Example)-$ -$ -$ -$ -$ -$ Delivery and Postage (Example)-$ -$ -$ -$ -$ -$ Miscellenous Expenses -$ -$ -$ -$ -$ -$ Total Prime Reimbursable Expenses -$ -$ -$ -$ -$ -$ SUBCONSULTANT Task 1 Task 2 Task 3 Task 4 Task 5 Loaded Hourly Rate Refine Scope Data Collection Data Analysis Prelimnary Design / Project Assessment Exec Summary / Regional Significance Total Total Sustainability Engineering Group, LLC (SEG) Ali Fakih, PhD, PE, LEED AP 210.00$ 0.00 0.00 0.00 0.00 0.00 -$ Jason Simmers, PE, PMP 170.00$ 6.00 4.00 16.00 36.00 4.00 66.00 11,220.00$ Emile Schmid, PE 170.00$ 0.00 2.00 2.00 2.00 0.00 6.00 1,020.00$ Steve Counsell 170.00$ 0.00 0.00 0.00 0.00 0.00 -$ Lucien El Esmar 155.00$ 0.00 0.00 0.00 0.00 0.00 -$ Eric Gerster 155.00$ 0.00 0.00 0.00 0.00 0.00 -$ Scott Odya, PE 155.00$ 0.00 0.00 0.00 0.00 0.00 -$ Tadamon Mohammed, MSCE, EIT, GC 140.00$ 0.00 4.00 8.00 32.00 44.00 6,160.00$ Marco Aldaz 95.00$ 0.00 0.00 0.00 6.50 6.50 617.50$ Benjamin Koltai 95.00$ 0.00 0.00 0.00 0.00 0.00 -$ Carol Park 75.00$ 0.00 4.00 0.00 0.00 4.00 300.00$ Beth Malvestiti 75.00$ 0.00 0.00 0.00 0.00 0.00 -$ Lauren Andino 75.00$ 0.00 0.00 0.00 0.00 0.00 -$ Total Task Hours 6.00 14.00 26.00 76.50 4.00 126.50 Total Loaded Labor Costs 1,020.00$ 1,880.00$ 4,180.00$ 11,557.50$ 680.00$ 19317.50 19,317.50$ Total Subconsultant Reimbursable Expenses -$ Subconsultant Flat Fee Only -$ -$ -$ -$ -$ -$ Sustainability Engineering Group, LLC (SEG)Total Costs $1,020.00 $1,880.00 $4,180.00 $11,557.50 $680.00 19,317.50$ Sustainability Engineering Group, LLC (SEG)$1,020.00 1,880.00$ 4,180.00$ 11,557.50$ 680.00$ 19,317.50$ Total Subconsultant Costs Total Costs $1,020.00 $1,880.00 $4,180.00 $11,557.50 $680.00 19,317.50$ Task 1 Task 2 Task 3 Task 4 Task 5 TOTAL COST SUMMARY Refine Scope Data Collection Data Analysis Prelimnary Design / Project Assessment Exec Summary / Regional Significance Total Cost Total Labor With Overhead and Fee 3,236.83$ 6,070.21$ 9,141.19$ 34,831.21$ 2,402.49$ 55,681.93$ Total Prime Reimbursable Expenses -$ -$ -$ -$ -$ -$ Total Subconsultant Costs $1,020.00 $1,880.00 $4,180.00 $11,557.50 $680.00 19,317.50$ -$ GRAND TOTAL 4,256.83$ 7,950.21$ 13,321.19$ 46,388.71$ 3,082.49$ 74,999.43$ APJ-22-DA-001 Multi Use Path - US 60/USBR-90 Apach Directly Reimbursable Expenses Hours by Personnel and Reimbursables Subconsultant Costs Summary Total Costs By Task Lokahi, LLC Hours by Personnel and Task Description Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 22-255 Agenda Item No. 14. Agenda Date: 5/3/2022 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Executive Session at 6:00 P.M. for Monday, May 16th and Executive Session at 6:00 P.M. for Tuesday, May 17th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026