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Home My WebLink About2021 11.16 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, November 16,2021 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 21-635 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1-636 Consideration of approval of minutes of the regular meeting of November 2nd, 2021. Sponsors: Jennifer Pena Attachments: 1112i2021 CC Minutes 3. 21-67 Consideration on legal advertising agreement with the Arizona Republic for calendar year 2022. Sponsors: Jennifer Pena Attachments: Staff Memo for AZ Re a�ublic 2022 Contract AZ Republic Contract AZ Republic Zane Map-ALWAYS ut with new contract 4. 21-666 Consideration of approval of professional services agreements for municipal court criminal indigent defense. Sponsors_: Aaron LaSota Attachments: Memo Public Defender Services 11152021 Braaten Diana 11152021 Nicely Karen 11152021 City of Apache Junction,Arizona Page 1 Printed on 1111012021 City Council Meeting Agenda November 16,2021 5. 21-670 Consideration on removing two (2)existing heating, ventilation and air conditioning units and installing two (2)TRANE heating, ventilation and air conditioning units located at the Multi-Generational Center. Sponsors: Heather Hodgman Attachments: HVAC Replacement Units at the MGC-November 2021 _ HEATHER-PWB#21-28-November 2021 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 6. 21-638 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. 21-639 City Manager's Report. Sponsors: Bryant Powell 8. 21-640 Announcement of current events. Sponsors: Al Bravo 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. City of Apache Junction,Arizona Page 2 Printed on 1111012021 City Council Meeting Agenda November 1W.2021 9. 21-483 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1507. amending the Apache Junction City Code, Volume i City Code, by amending Chapter 4: Fees; Article 4-1: Parks and Recreation Fee Schedule. Sauumns. LizLangenbeoh Attachments: 2021 Cho ter 4 Fee Schedule CLEAN 2021 ChqpjqL4 Fee Schedule REDLINE Ordinance No 1507 10. 21-648 Presentation, discussion, public hearing, and consideration of proposed Resolution No. 21-20 . a resolution of the mayor and city council of the City of Apache Junction, Mna| County, Arizona declaring aea public record that certain document filed with the city clerk entitled ^2021 Amendments to the Apache Junction City Code, Volume |. Chapter 4 Fees, Article 4-1: Parks and Recreation Fee Schedule; repealing any conflicting provisions, providing for penalties and providing fnrnovonabi|ih/. Snnvsvra LizLangonbaoh Attachments: Cha ter 4-1 Fee Q ates Public Hearin -STAFF MEMO 2021 Cha ter 4 Fee Schedule REDLINE Resolution No 21-29 11, 21-549 Presentation, discussion, public hearing and consideration of proposed case PA-1-21. o request by Hassle Free House Buyers, LLC. represented by Danielle Graham, for the approval ofmprivate access way through 100-30-022F. -085A. -022E. -0860 and -022C. on the Silver Drive alignment immediately south nfVV. Roundup St. between N. Ironwood Drive and N. Gold Drive tu serve the involved present properties and the future properties proposed from splitting 100'30'022C in Lot Split Case P'21-33'LSK4. Sponsors: Nicholas Leftwich Attachments: PA-1-21 CC Staff Memo Resolution 21-52 Draft U' OLD BUSINESS The council shall consider any business that has been previously considered and which in 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 n*quoot-hx*peak form with the city clerk. City vr Apache Junction,Arizona Page Printed on 1v/012021 City Council Meeting Agenda November 16,2021 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. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 12. 21-664 Direction to staff on the city's position and any instructions relating to the negotiations for the sale or lease of 978 E. Roosevelt Street, Apache Junction AZ. Sponsors. Bryant Powell Attachments: Invitation for Bids Final Proposal Purchase Agreement Final L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 21-642 Executive Session at 6:00 P.M. for Monday, December 6th and Executive Session at 6:00 P.M. for Tuesday, December 7th 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 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. City of Apache Junction,Arizona Page 4 Printed on 1111012021 City Council Meeting Agenda November 16,2021 N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 1111012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-635 Sponsor:Jennifer Pena Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1111012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-636 Sponsor:Jennifer Pena Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of November 2nd, 2021. City of Apache Junction,Arizona Page 1 Printed on 1111012021 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, November 2,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 pm. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Gremmel led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Thomas Kelly, Chief of Police Al Bravo, Public Information Officer Jeff Kirkham, Commander Kent Fowler, Police Officer D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Schroeder that the consent agenda be accepted as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 21-59 Consideration of acceptance of agenda. 2. 21- 90 Consideration of approval of minutes of the regular meeting of October 19, 2021. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes November 2,2021 3. 21-586 Consideration of approval on Resolution No. 21-36, a resolution of the mayor and city council of the City of Apache Junction, to enter into an Intergovernmental Agreement with Arizona Department of Transportation (ADOT)for the city's Winchester Road Improvement Project to install bicycle and pedestrian improvements, roadway expansion and drainage improvements. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 4. 21-399 Presentation of 25-year Service Award to Kent Fowler, of the Apache Junction Police Department. Mayor Wilson recognized Officer Kent Fowler for his 25 years of service to the city. Chief Thomas Kelly spoke of Kent's accomplishments over the 25 years and outlined his assignments over the years which included the various outside agency task forces to which he was assigned. Commander Jeff Kirkham also recognized Kent for his service to the city. City Manager Bryant Powell stated that Kent is a trusted employee and is grateful he continues to serve the city. Mr. Powell presented Kent with a certificate and plaque for his years of service. Officer Fowler's family as well as several staff members of the court attended the meeting in support. 5. 21- 88 Presentation of proclamation designating Saturday, November 27, 2021 as "Small Business Saturday". The Apache Junction Area Chamber of Commerce will accept the proclamation. Mayor Wilson presented the Proclamation for"Small Business Saturday"to Mary Anne Pryzbylski and Audrie Ouellette of the Apache Junction Area Chamber of Commerce. 6. 21-595 Proclamation designating the month of November as"National Alzheimer's Awareness Month." Mayor Wilson presented the proclamation designating the month of November as National Alzheimer's Awareness Month to Keri Larson-Baxter. F. REGIONAL INTERGOVERNMENTAL UPDATES 7. 21-51 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Biggs introduced cub scout pack 380 who are attending the meeting to earn their civics badge. Councilmember Evans announced that the Community Development Corporation will be installing plants in the median on Apache Trail on Saturday, November 6th and Saturday, November 20th. Those wishing to participate should meet at Ace Hardware at 8:00 am and should wear their Make a Difference shirt. Shirts will be given to those who don't have them. Vice Mayor Rizzi announced that she, Mayor Wilson and city staff members went to the city of Tempe to see how they address homelessness and how such services can be brought to Apache Junction. Mayor Wilson attended a mining festival in Superior. He said it was a great event and it could possible come to Apache Junction. Councilmember Biggs said there will be a burrow run at the City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes November 2,2021 founders'centennial on January 8, 2022. He added the same non-profit who did the Superior event will manage the event in Apache Junction. G. CITY MANAGER'S REPORT 8. 21-52 City Manager's Report. City Manager Bryant Powell said the visit to city of Tempe was good and commended the various organizations who participated. The group received unique and insightful information how Tempe assists their homeless population. 9. 21- 21 Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. Stephen Herring, Municipal Manager of Republic Services, introduced Kevin Vasquez, the new operations manager of the Apache Junction Landfill and General Manager Jim Groen. Mr. Herring addressed service issues and said he handles them personally. He also explained recycling is collected on Wednesdays, taken to Mesa transfer facility and then long hauled to Tucson where Republic Services owns and operates a recycling facility. At this facility, the recycling is separated, bundled and sold to be made into new products. Mr. Herring invited teachers and educators interested in the process go to recyclingsimplified.com. He also invited those with any questions or concerns to contact him at sherring@republicservices.com. Mr. Herring said they have 1409 recycling customers in Apache Junction which is about 15% of the residents. The residential bulk pick up numbers are as follows: • May-240 residents with 16.9 tons picked up • June- 177 residents with 19.5 tons picked up • July- 187 residents with 17.3 tons picked up • August-216 residents with 17.71 tons picked up He added that September and October counts will be forwarded to city staff soon. Free dump week numbers are as follows: • May-603 residents 163.62 tons (approximately a $17,000.00 value) • August-432 residents 107.58 tons (approximately a $11,000.00 value) Mr. Herring announced that next week is free dump week for November. Residents are welcome to bring one car load up to 500 tons (after 600 tons there will be an additional charge). He also announced they are hiring drivers and positions at the landfill,work from home call center positions and positions in the corporate office. To view and apply for open positions go to republicservices.com. Councilmember Schroeder commended them for listening to concerns and how quickly they took care of a concern he had. 10. 21- 7 Introduction by Steve Byfield of the new President/CEO, Mary Ann Przybylski, City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes November 2,2021 of the Apache Junction Area Chamber of Commerce. Audrie Ouellette, Apache Junction Area Chamber of Commerce Secretary, introduced Mary Ann Przybylski, their newly appointed president/ceo. Ms. Przybylski gave a presentation on her experience and how that can benefit the chamber, its members and the city. She added she is looking forward to working with the city to increase new business,job growth,job sustainability and increasing tourism. 11. 21-593 Announcement of current events. Al Bravo, Public Information Officer, announced Kids Idol has two more auditions: November 6th and 10th. Contact Councilmember Biggs or Jeff Struble at the numbers listed on the flyer or email ajkidsidol@gmail.com for more information. Mr. Bravo also announced the Apache Junction Founders Centennial Committee meetings are held on the 2nd and 4th Wednesdays at 6:00pm in the Library and that January 8th is approaching quickly. He added the Citizen Leadership Institute's registration is now open. The eight-session class starts on January 12, 2022. The sessions will also be live streamed on YouTube. The city's halloween event in Flatiron Park kicked off the event season. Mayor Wilson said the event was successful and the kids enjoyed the trunk or treat. Councilmember Biggs added he worked at one of the Parks and Recreation booths and helped judge the costume contest. He took his nieces and nephews through the trunk or treat line and said it was a great event. Mayor Wilson said the Festival of the Superstitions is in two weeks. City Manager Powell mentioned the Veterans' Day Parade as well. H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 12. 21- 98 Direction to staff on board and commission member selection and talent bank application process; changing Apache Junction City Code,Volume 1, Section 2-11-2, relating to the number of health and human services commission members; and changing Apache Junction City Code, Volume 1, Section 2-8-2(C), the residency requirements on the Park and Recreation Commission. Councilmember Biggs moved,seconded by Councilmember Nesser to direct staff to increase the number of commission members on the Health and Human Services Commission from five to seven beginning with the October,2022 application and appointment process. Yes-7 No -0 City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes November 2,2021 Motion passed. Councilmember Evans moved,seconded by Councilmember Nesser to direct staff to make the following changes to the city code:When boards and commission fall below the necessary quorum due to a vacancy,council shall make a new appointment from the previous list of applicants to fill the remaining term of the vacancy. Yes-6 No -1 (Councilmember Schroeder) Councilmember Schroeder said he would like to open the application process instead of just prior applicants. Motion passed. Vice Mayor Rizzi moved,seconded by Councilmember Biggs to direct staff to remove a question from the boards and commission application asking the applicant if they have any past or current legal disputes with the city, inclusive of any code compliance notice of violations,civil or criminal municipal or superior court actions,claim for damages, lawsuits,adjudicated adverse judgments, or unsatisfied liens. Yes-5 No -2(Councilmembers Evans and Schroeder) Councilmember Evans said she reviewed other applications for the city volunteers and said they ask more involved information about criminal history and requires fingerprinting. The statement in question on the application doesn't disqualify anyone from being appointed. Vice Mayor Rizzi said it was never a council consensus and that is why it should be removed. Councilmember Shroeder said he recognizes those serving on the boards and commissions should be examined further and that the discussion had previous night didn't solve anything. Mayor Wilson said he thinks the question leads in a direction that they should stay away from. He said he likes parts of the question but the motion removes the entire question so he is voting yes. Motion passed. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 21-594 Executive Session at 6:00 P.M. for Monday, November 15th and Executive Session at 6:00 P.M. for Tuesday, November 16th 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 Councilmember Gremmel that an executive session at 6:00 p.m.for Monday, November 15,and Tuesday, November 16,2021 be held in the city council conference room and city council chambers,300 E.Superstition Boulevard,Apache Junction,Arizona,respectively and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes November 2,2021 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Mayor Wllson called for a motion. M. CALL TO PUBLIC Douglas Cernetisch, 300 E. 13th Avenue,Apache Junction, said he is disappointed in the trash services. It's a hit or miss with the service. He added that he would like them to be more responsible. He said when they miss a pick up the resident shouldn't have to call to say they've missed a pick up. He also asked what the city's policy is on pigeons because someone on Royal Palm is feeding them and there are hundreds of them flying around. Jim Palmer, 240 E. 13th Avenue,Apache Junction, missed another pick up and said Republic Services doesn't have the ability to fulfill its contract. He added his recycling was put in the same truck as his regular garbage and then two houses on his street were missed the same day. Pam Lang, 1851 S. Starr Road, Apache Junction, said she is missing pick ups as well, especially recycling. She goes to their website and completes the form to complain and doesn't receive a response. When she calls she's told they will be out in a day or two but they never show up. When she went on social media to complain and found others are complaining about the same missed pick ups and now they have more recycling customers. She asked is they can't handle the customer load they have now, how will they handle additional customers. If they are going to reduce services the fees should be reduced to reflect the reduced services. Donna Carr, Apache Junction resident, said she and her family have had missed garbage pick ups as well. She added that there are 101 sexual offenders in Apache Junction and said there are three by her sons house and wonders why they are allowed to live so closely together. She is worried about her son's girlfriend's daughters that are dropped off by the bus near there. She doesn't know what can be done but she wanted to let the council know. Quentin Heiner, 2002 S. Apache Drive, Apache Junction„asked is there was something that can be done with setbacks so that someone without a carport can have a carport. He added he lives in a older community and would like to know if staff is doing anything about this issue. He added his service with Republic Services is good and he doesn't have any issues. Vice Mayor Rizzi responded that it was her understanding that if residents had issues with Republic Services they should call the city. She asked staff to meet with the residents who spoke about issues and give them the correct information. Councilmember Schroeder asked about the progress of the setback issue. City Manager Powell said he can have city staff meet with the resident regarding his question. Councilmember Biggs asked that City Manager Powell and Chief Kelly meet with Ms. Carr City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes November 2,2021 regarding her concern. Councilmember Nesser said she volunteered with the Apache Junction Police Department and explained that the city has no control over where registered sex offenders live. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:06 p.m. ACCEPTED THIS DAY OF 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12021. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 7 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-657 Sponsor:Jennifer Pena Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Consideration on legal advertising agreement with the Arizona Republic for calendar year 2022. City of Apache Junction,Arizona Page 1 Printed on 1111012021 November 15, 2021 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER FROM: JENNIFER PENA, CITY CLERK SUBJECT: LEGAL ADVERTISING AGREEMENT State law requires that we publish certain legal notices such as election matters, public hearings, bids, etc. (A.R.S. § 39-204). The law further defines "newspaper" and prohibits the use of publications that are designed primarily for advertising, free circulation or circulation at nominal rates or do not have a bona fide list of paying subscribers (A.R.S. § 39-201). The Arizona Republic meets these statutory requirements. The rates have not increased in the last three years. 2022 Mesa Republic (3 times per week) - to $0.67 per line per day. Arizona Business Gazette (Thursday's only) - to $0.42 per line per day. Arizona Republic (full run —published every day) -to $1.42 per line per day. 2021 Mesa Republic (3 times per week) - to $0.67 per line per day. Arizona Business Gazette (Thursday's only) - to $0.42 per line per day. Arizona Republic (full run —published every day) - to $1.42 per line per day. 2020 Mesa Republic (3 times per week) - to $0.67 per line per day. Arizona Business Gazette (Thursday's only) - to $0.42 per line per day. Arizona Republic (full run —published every day) -to $1.42 per line per day. 2019 Mesa Republic (3 times per week) - to $0.67 per line per day. Arizona Business Gazette (Thursday's only) - to $0.42 per line per day. Arizona Republic (full run —published every day) -to $1.42 per line per day. Legal Advertising Agreement Phoenix Newspapers, Inc., publisher of The Arizona Republic and Arizona Business gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 1-year commencing on January 1, 2022 — December er 2021 PUBLICATION ZONE# PUBLICATION DAYS AGREEMENT RATE Mesa Republic Wednesdays Section of the Arizona 11/15 Fridays $,67 per line per zone Republic on Saturdays Arizona Business Thursdays $.42 per line per zone Gazette Arizona Republic Full Run Classifieds Sunday $ ..42 per line per zone Monday Tuesday -Wednesday Thursday .� Friday' Saturday Pricing Includes online postings to these public notice web listings (pu blicn ti e na cer tral. or , PublicNoticeAds.com, and ar ar e snc r°n Arizona Classifieds ' LINE RUN DISPLAY AD Republic Full (Publication Day) Run Classifieds Sunday =Wednesday at Noon =Tuesday at 3 l PIVI Monday = Wednesday at Noun = Prior Wednesday at Noon Tuesday = Friday at Noon = Friar Thursday at Noon Wednesday = Monday at Noon = Friar Thursday at Noon Thursday =Tuesday at Noon = Friar Friday at Noon Friday = Wednesday at Noon = Monday at Noon Saturday =Thursday at Noon =Tuesday at Noon Holiday and any other advanced deadlines will be e-mailed. ** Annual Budget document (including Ordinances with Budget information) and TRUTH IN TAXATION deadlines will be en° ailed in April 2022 as these deadlines differ from our regular deadlines.. All legal notice advertising will be type set in 5.5 point type at 14 lines per inch. Invoicing statements for the account will be at the end of each month based on ad expiration dates. Retail ROP position ad rates (open rates) and deadlines, please call for info. Retail ROP positions are those that appear in any section outside of the Classified section as a display ad. Notices appearing in the Mesa Republic Community Classified section will be under the heading of"Public Notices". Two affidavits of publication will be supplied for each notice published. Affidavits are to be mailed to the following address. City of Apache Junction City Clerk 300 E. Superstition Blvd Bldg. C Apache Junction,AZ 85119 All publication requests should be E-mailed to: legal.advertising0oni.corn Please reference account# 169202 Contact person(s) for ad placement: • Tara Hamm, Director/ Legal Ad Dept., 866-431-8665 thamm@gannett.com • Legal advertising open line 602-444-7315 City of Apache Junction Phoenix Newspapers, Inc.: WALTER "CHIP" WILSON Mayor Print Name: —Tara Hamm Date: Date: 10/12/2021 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J, STERN Date: City Attorney Phoenix Metropolitan Area Community Republic Zones 85342 ' 85262 y 85331 85266 Zone z £t 85383 4t t, £t £ 2;` 85263 i, Zone�3£r .. 85310 Zonei Zone zo 85054 85255 Zone 7t�V 8538 85308 7 Zone 85306 £ £i .I}f 5032 85254 85264 i $637€i 85 85351 85381 t �£ £is 260 85268 t1 85304 t £ z s tt ti,fs71£ts 85258I}ti£{��ft ( i t t r t }sQk,,, 8502$ Y£j�t�j£1tAfi1 303 $53 85302 " "� 307 8530 85303 �t r t a 85033 85031 1 tt £ £f 8".'tO,18 85251' lire £ s�££�4 3f l?th4£ 85035 Ssoos ' S r£ W, ns i � t 5034 0 �l,% 8504085041 Zone 5 85283 r�s Z n� 1 o � o 85284 85044 85224 85225 85226 s5oa5 N Zone 6 65266 Zlon#e��z w85249 ry 85248 REPUBLIC M EDIA REPUBLIC ME CIA City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-666 Sponsor:Aaron LaSota Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Consideration of approval of professional services agreements for municipal court criminal indigent defense. City of Apache Junction,Arizona Page 1 Printed on 1111012021 o0/ /°�)()w W A Home of the Superstition lVountains Municipal Court To: Mayor Wilson and City Council From: Hon. A. Douglas LaSota, Presiding Magistrate Re: Approval of Contracts for Public Defender Services Date: November 3, 2021 1 am requesting the re-approval of two attorneys who currently provide public defender services in the Apache Junction Municipal Court. Therefore, 1 request the approval for new contracts for Diana Braaten and Karen Nicely for public defender services, each for a two-year term. I am recruiting for a third position (we have 3 attorneys currently working at the court), but that may take more time and we wish to get the 2 we know we are re-appointing to get approved. The U.S. and Arizona Constitutions, and federal and state law, require the appointment of legal counsel to those who cannot afford an attorney when charged with a crime which could result in jail time. These attorneys will be paid the same contract amount as before (with no increase) in the amount of$2,225.00 per month and are required to represent up to 165 clients per year. Contracts will be in effect from January 1, 2022 through December 31, 2023. Suggested motion: "I move that the City of Apache Junction enter contracts with Diana Braaten and Karen Nicely to provide public defender services for a contract term of January 1, 2022 through December 31, 2023." Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119 (480)982-8250 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY [lF /\PACHE JUNCTION AND DI/\N/l [ BRAATENFOR MUNICIPAL COURT CRIMINAL INDIGENT DEFENSE A7t-#,- /l THIS AGREEMENT is made and entered into this m- | day of u2�" � �f 2021L by and between the CITY OF APACHE JUNCTION, AR|ZONA, an Arizona municipal corporation ("City"), and Diana L. Braaten, Attorney at L8vv ("Attorney"), sometimes collectively referred to as the "Perties" or individually asa "Parh/ . RECITALS A. The Presiding Magistrate of Cit/s Municipal Court (hereinafter the "Court") appoints defense attorneys to provide legal representation services to indigent defendants on an as- needed basis. B. Pursuant toAJ.C.C. Vol. |, § 3-7-7, the indigent defense services are exempt from the Cit«'s procurement process. C. After completion of the bidding process, City identified Attorney as the preferred provider with the qualification that best meet the needs of the Court. D. This Agreement sets forth the rights and obligations o[the Parties. AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according tothe terms and conditions set forth b8|Ovv: 1. : Attorney agrees to perform the following professional services: A. Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract byCourt. Court schedule will not b2changed arbitrarily and without prior consideration ofAttOrDe«'s schedule. B. Represent indigent defendants assigned to Attorney by the City Magistrate from the date of assignment through final disposition of assigned oases, whether the oases are completed during the agreement period or afterwards, and be responsible for completing all cases that are active through the Term Of the Agreement. C. Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to: pretrial conferences, motions, jury and non-jury trials, evidentiary hearings, restitution hearings, sentence reviews, bond reduction or release motions, revocation of probation hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings, special actions and Rule 11 hearings. Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and in these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present. Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by Court. D. Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropriate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request). E. Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674 (1984); and in State v. Smith, 140 Ariz. 355, 681 P.2d 1374 (1984); and in State v. Lee, 142 Ariz. 210, 689 P.2d 153 (1984). In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney. F. Arrange and provide substitute counsel when unable for any reason to appear in Court or at events described in subsections (B) and (C) above. Substitute counsel shall not be used routinely. In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness and announced and scheduled vacation, or prior legal commitment of precedence in another court. Within ten (10) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services. No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court. Such consent shall not be arbitrarily or unreasonably withheld or withdrawn. G. Pay for interpreters for all out-of-court matters. Court will provide and will pay for interpreters for non-English speaking defendants for all in-court and pretrial proceedings. 2 H. Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs, photocopies, office supplies, office overhead, reports, and secretarial services. I. Obtain Court approval of all expert witnesses. City will be responsible for fees for expert witnesses up to a maximum of $500.00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court. J. Advise Court when indigence of any given defendant is questionable. Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation. Attorney may request a review of the indigence of any defendant assigned to him/her. If Court makes a determination of non- indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee. K. Give precedence to settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Arizona Rules of Criminal Procedure. L. Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day as permitted pursuant to Arizona Criminal Rules of Procedure, Rule 6.1(c). 2. ALLOWABLE CASELOAD: No more than 165 defendants annually will be assigned to Attorney during the Term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned. If Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant. 3. OFFICE: Attorney shall have an office or make arrangements to use office that is located within forty-five (45) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate. Such office must receive clients in person and by telephone from 7:00 a.m. to 6:00 p.m., Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows: Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of$26,700.00 annually, payable at a monthly rate of $2,225.00 per month, billable at the end of each month of service. Should any 3 case be appealed to superior court, to include any special action, Attorney shall receive an additional $500.00 as the sole compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at $160.00 per case. Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney. All fees will be monitored for reasonableness and for case management. Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants. 5. TERM: This Agreement shall be effective beginning January 1, 2022 and shall continue through December 31, 2023, subject to the Termination provisions set forth in Section 9 of this Agreement. An additional two-year Term from January 1, 2024 through December 31, 2025 may be mutually negotiated by the Parties formalized in a subsequent Amendment to this Agreement. 6. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services set forth within this Agreement. 7. ATTORNEYS STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable attorneys practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising her professional skill and expertise. Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement. Attorney shall notify Court after being arrested for any violation of any law within twenty-four (24) hours of such arrest. Attorney shall also advise Court no later than twenty- four (24) hours after being notified of any bar complaint being filed with any state bar, or any arrest, and any self-reporting of unethical conduct. Any arrest, bar complaint or self-reporting may be considered a breach of good faith under this agreement, especially in situations where such circumstances place the City in a bad light or otherwise is a public embarrassment or action that results in the City having to defend its ordinances or code regulations through its city attorney. Such situations as sex with a client (even if not a court client), domestic violence, driving while under the influence, any drug or other sexual crime, any felony, any misdemeanor involving moral turpitude, shall be grounds for immediate Termination by City/Court. 8. NOTICES: All notices to the other Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Hon. A. Douglas LaSota Presiding Magistrate City of Apache Junction 300 E. Superstition Blvd. 4 Apache Junction, Arizona 85119 If to Attorney: Diana L. Braaten 2487 S. Gilbert Rd. Suite 106-250 Gilbert, Arizona 85296 9. TERMINATION: Either Party may terminate this Agreement by providing thirty (30) calendar days' written notice for any reason. 10. INDEPENDENT CONTRACTOR: The relationship created under this Agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of attorney-client, principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor. Because Attorney is an independent contractor, the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Older Workers' Benefit Protection Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law are not applicable. Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder. As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement. In the event of Termination, early or by non-renewal of this Agreement, Attorney shall, complete all assigned cases and within fifteen (15) calendar days after such notice is received by either Party, or within fifteen (15) calendar days of the anniversary date if the Agreement is not renewed, provide all client files to the Court and shall provide a final bill for services. 11. RECORDS: Records of Attorney's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Attorney shall maintain records for a period of at least twenty four (24) months after Termination or non-renewal of this Agreement, or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of Attorney. 12. INSURANCE: Attorney shall purchase and maintain minimum professional liability/malpractice insurance with companies duly licensed, in an amount satisfactory to City/Court. 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 5 formally accepted; failure to do so may, at the sole discretion of City/Court, constitute a material breach of this Agreement. 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/Court. City/Court reserves the right to request and to receive, within ten (10) city working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City/Court shall not be obligated, however, to review same or to advise Attorney of any deficiencies in such policies and endorsements, and such receipt shall not relieve Attorney from, or be deemed a waiver of, City's or Court's right to insist on strict fulfillment of Attorney's obligations under this Agreement. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City from Attorney. 13. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Attorney. 14. FORCE MAJEURE: Neither City nor Attorney, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond their control and without their fault or negligence or failure to comply with any applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the services under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, desired by Attorney in connection with the services. Attorney agrees that Attorney alone will bear all risks of delay which are not Enforced Delay. 15. INDEMNIFICATION: To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, employees and Court from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Attorney, its agents, or employees in the performance of this Agreement. Attorney's duty to defend, hold harmless and indemnify City, its elected and appointed officers, 6 officials, agents, employees and Court shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Attorney to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue or removal in such proceeding to any other county or other jurisdiction. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 18. MODIFICATION OF CONTRACT: This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court. 19. LICENSE: Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid; such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. Attorney also represents and warrants that there are no pending bar complaints in any state Attorney is licensed to practice, and that Attorney is not on suspended, revoked, or disbarred status in any jurisdiction where so licensed. 20. MISCELLANEOUS: A. All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City. 7 B. Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases. C. Attorney shall maintain current case logs and disposition records. D. Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, gender, handicap, or national origin. E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to her performance under this contract within the confines of confidentiality. 21. NONASSIGNMENT: This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable. 22. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 23. SEVERABILITY: City and Attorney each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable law, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 8 24. 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. 25. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. ATTORNEY: By: Diana L. Braaten CITY OF APACHE JUNCTION, an Arizona municipal corporation: By: Hon. A. Douglas LaSota Presiding Magistrate APPROVED AS TO FORM: C 0,/0.-. ---)0-2 1 RICHARD J. STERN City Attorney 9 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY []FAP/\[HE JUNCTION AND KAREN NICELY FOR MUNICIPAL COURT CRIMINAL INDIGENT DEFENSE THIS AGREEMENT is made and entered into this d3yOf 3021, by and between the CITY OF APACHE JUN[T|ON, AR|Z(]NA, an Arizona municipal corporation ("City"), and Karen Nicely, Attorney at Law /"Atorn2»"\, sometimes collectively referred tOas the "Parties" or individually asa "Party". RECITALS A. The Presiding Magistrate ofCity's Municipal Court (hereinafter the "Court") appoints defense attorneys to provide legal representation services to indigent defendants on an as- needed basis. B. Pursuant toAJ.C.C. Vol. |, § 3-7-7, the indigent defense services are exempt from the City'S procurement process. C. After completion of the bidding process, City identified Attorney as the preferred provider with the qualification that best meet the needs Vf the Court. D. This Agreement sets forth the rights and obligations of the Parties. AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according to the terms and conditions set forth below: l. ATTORNEYS' DUTIES: Attorney agrees to perform the following professional services: A. Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract by Court. Court schedule will not be changed arbitrarily and without prior consideration ofAt10[De»'sschedule. B. Represent indigent defendants assigned to Attorney by the City Magistrate from the date of assignment through final disposition of assigned cases, whether the cases are completed during the agreement period or afterwards, and be responsible for completing all cases that are active through the Term Df the Agreement. C. Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to: pretrial conferences, motions, jury and non-jury trials, evidentiary hearings, restitution hearings, sentence reviews, bond reduction or release motions, revocation of probation hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings and special actions and Rule 11 hearings. Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and in these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present. Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by Court. D. Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropriate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request). E. Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674 (1984); and in State v. Smith, 140 Ariz. 355, 681 P.2d 1374 (1984); and in State v. Lee, 142 Ariz. 210, 689 P.2d 153 (1984). In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney. F. Arrange and provide substitute counsel when unable for any reason to appear in Court or at events described in subsections (B) and (C) above. Substitute counsel shall not be used routinely. In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness and announced and scheduled vacation, or prior legal commitment of precedence in another court. Within ten (10) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services. No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court. Such consent shall not be arbitrarily or unreasonably withheld or withdrawn. G. Pay for interpreters for all out-of-court matters. Court will provide and will pay for interpreters for non-English speaking defendants for all in-court and pretrial proceedings. 2 N. Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs, photocopies, office supplies, office overhead, reports, and secretarial services. I. Obtain Court approval of all expert witnesses. City will be responsible for fees for expert witnesses up to a maximum of $500.00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court. J. Advise Court when indigence of any given defendant is questionable. Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation. Attorney may request a review of the indigence of any defendant assigned to him/her. If Court makes a determination of non- indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee. K. Give precedence to settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Arizona Rules of Criminal Procedure. L. Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day as permitted pursuant to Arizona Criminal Rules of Procedure, Rule 6.1(c). 2. ALLOWABLE CASELOAD: No more than 165 defendants annually will be assigned to Attorney during the Term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned. If Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant. 3. OFFICE: Attorney shall have an office or make arrangements to use office that is located within forty-five (45) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate. Such office must receive clients in person and by telephone from 7:00 a.m. to 6:00 p.m., Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows: Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of$26,700.00 annually, payable at a monthly rate of $2,225.00 per month, billable at the end of each month of service. Should any 3 case be appealed to superior court, to include any special action, Attorney shall receive an additional $500.00 as the sole compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at $160.00 per case. Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney. All fees will be monitored for reasonableness and for case management. Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants. 5. TERM: This Agreement shall be effective beginning January 1, 2022 and shall continue through December 31, 2023, subject to the Termination provisions set forth in Section 9 of this Agreement. An additional two-year Term from January 1, 2024 through December 31, 2025 may be mutually negotiated by the Parties formalized in a subsequent Amendment to this Agreement. 6. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services set forth within this Agreement. 7. ATTORNEY'S STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable attorneys practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising her professional skill and expertise. Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement. Attorney shall notify Court after being arrested for any violation of any law within twenty-four (24) hours of such arrest. Attorney shall also advise Court no later than twenty- four (24) hours after being notified of any bar complaint being filed with any state bar, or any arrest, and any self-reporting of unethical conduct. Any arrest, bar complaint or self-reporting may be considered a breach of good faith under this agreement, especially in situations where such circumstances place the City in a bad light or otherwise is a public embarrassment or action that results in the City having to defend its ordinances or code regulations through its city attorney. Such situations as sex with a client (even if not a court client), domestic violence, driving while under the influence, any drug or other sexual crime, any felony, any misdemeanor involving moral turpitude, shall be grounds for immediate Termination by City/Court. 8. NOTICES: All notices to the other Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Aaron Douglas LaSota Presiding Magistrate City of Apache Junction 300 E. Superstition Blvd. 4 Apache Junction, AZ 85119 If to Attorney: Karen Nicely P.O. Box 7761 Phoenix, AZ 85011 9. TERMINATION: Either Party may terminate this Agreement by providing thirty (30) calendar days' written notice for any reason. 10. INDEPENDENT CONTRACTOR: The relationship created under this Agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of attorney-client, principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor. Because Attorney is an independent contractor, the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Older Workers' Benefit Protection Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law are not applicable. Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder. As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement. In the event of Termination, early or by non-renewal of this Agreement, Attorney shall, complete all assigned cases and within fifteen (15) calendar days after such notice is received by either Party, or within fifteen (15) calendar days of the anniversary date if the Agreement is not renewed, provide all client files to the Court and shall provide a final bill for services. 11. RECORDS: Records of Attorney's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Attorney shall maintain records for a period of at least twenty four (24) months after Termination or non-renewal of this Agreement, or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of Attorney. 12. INSURANCE: Attorney shall purchase and maintain minimum professional liability/malpractice insurance with companies duly licensed, in an amount satisfactory to City/Court. 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/Court, constitute a material breach of this Agreement. 5 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/Court. City/Court reserves the right to request and to receive, within ten (10) city working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City/Court shall not be obligated, however, to review same or to advise Attorney of any deficiencies in such policies and endorsements, and such receipt shall not relieve Attorney from, or be deemed a waiver of, City's or Court's right to insist on strict fulfillment of Attorney's obligations under this Agreement. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City from Attorney. 13. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Attorney. 14. FORCE MAJEURE: Neither City nor Attorney, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond their control and without their fault or negligence or failure to comply with any applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the services under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, desired by Attorney in connection with the services. Attorney agrees that Attorney alone will bear all risks of delay which are not Enforced Delay. 15. INDEMNIFICATION: To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, employees and Court from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Attorney, its agents, or employees in the performance of this Agreement. Attorney's duty to defend, hold harmless and indemnify City, its elected and appointed officers, officials, agents, employees and Court shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, 6 impairment, or destruction of property including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Attorney to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue or removal in such proceeding to any other county or other jurisdiction. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 18. MODIFICATION OF CONTRACT: This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court. 19. LICENSE: Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid; such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. Attorney also represents and warrants that there are no pending bar complaints in any state Attorney is licensed to practice, and that Attorney is not on suspended, revoked, or disbarred status in any jurisdiction where so licensed. 20. MISCELLANEOUS: A. All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City. 7 B. Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases. C. Attorney shall maintain current case logs and disposition records. D. Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, gender, handicap, or national origin. E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to her performance under this contract within the confines of confidentiality. 21. NONASSIGNMENT: This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable. 22. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 23. SEVERABILITY: City and Attorney each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable law, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 24. 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. 8 25. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. ATTORNEY: By: Karen Nicel CITY OF APACHE JUNCTION, an Arizona municipal corporation: By: Aaron Douglas LaSota Presiding Magistrate APPROVED AS TO FORM: -C] 0 26 •2 1 RICHARD J. STERN City Attorney 9 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-670 Sponsor: Heather Hodgman Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Consideration on removing two (2)existing heating, ventilation and air conditioning units and installing two (2)TRANE heating, ventilation and air conditioning units located at the Multi-Generational Center. City of Apache Junction,Arizona Page 1 Printed on 1111012021 t Public Works Department .�„.,. Home of theSuperstition Mountains Date: November 3, 2021 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: PWB #21-28 Multi-Generational Center Heating, Ventilation and Air Conditioning Replacement Units Staff presented on September 21, 2021 for the removal of two (2) heating, ventilation and air conditioning (HVAC) units from the roof, to furnish and install two (2) TRANE units. The work would include electrical work, gas line work, drain lines, ductwork, control system with a five (5) stage cooling system, crane rental, 40-ton HVAC unit removal and pigeon netting removal and installation per the engineered specifications at the Multi-Generational Center. There will be a five (5) year parts and labor for both units, a ten (10) year warranty on the compressors, one (1) year parts and labor warranty on the TRANE control devices and a one (1) year warranty on the workmanship on the installation. Staff received direction to look into cooperative contracts or possibly bidding out the work needed. Staff researched three (3) cooperative contracts and received one response from Pueblo Mechanical that is on the 1 GPA cooperative. The city has received two proposals, which includes one from our current HVAC contractor Interstate Mechanical Corporation (Imcor) and one from Pueblo Mechanical and Controls. Both vendors received the engineered plans from LSW Engineers when providing the scope of work and pricing. Imcor's proposal for the removal and installation of two (2) TRANE units located at that the Multi-Generational Center is $226,640.06. Pueblo Mechanical and Controls proposal for the removal and installation of two (2) TRANE units came to $226,092.84. Upon further review of the city's current agreement with Imcor they are contracted to provide preventative maintenance, repair, emergency repair, installation, retrofitting and replacement of HVAC equipment. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 t Public Works Department .�„.,. Home of theSuperstition Mountains Staff respectfully requests entering into an agreement with Interstate Mechanical Corporation for the removal and installation of two (2)TRANE units located at the Multi-Generational Center in the amount of$226,640.06. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 i I r �# } is it tryry. Wi 4 i', ,.��,.. 1 ,It,rn•., §3 ,�.f.i r,: i�ttt :n fr'}Ir.. ,) f; .. }� l.: t r.tt��.,, t �,tf., F t, a`. x I w r II .......... �,,&V6 4%1'�,��j Y'1,,:,v; V6 MGC HVAC Units neers, 'Arizona Inc. "Me 'ca'l,,, plumbin",' electrical engineering drawings/specifications - June 2021 ch,a h] �`&WOtk by S, cc�,pe, LSWEn ' ineers: 9 , ,:RepIa,c- 0 (2)''40 ton HVAC units with (2) 27.5 ton units with TRANE control systems "Electric'a' 'I Gqas, rat ines- , 'Wo rk', V'Syst st" 'o ntro ,em- ,5 C age cooling system Cr neRental [al 40Tbn,HVAC unit'removal Pigeo n-,N0,ttJn,g,,rem Oval and installation tt V ,ku...............zJ2hU H p✓` .,....;��, t �,.} { Sk r!t}t a} tY 1 iY£. 7 � 71 S� t {Z}StkS ..4s ,at 24 2004o� ,r'. M S523 t,: t "" : 2004 ` 2003 1"Gc MGGF*2 'fT. } P6GSS16 }hl�f MGHP3 { w` 35 J hmG H p,. t{,r �,: ; , P1 MGHP22 2ca�.s h�GHF 004zcurz HP d`rfB€s0-d der FVI[" Tack $ '2019 .. 2017 rtGGP15 #1i4GtiP5 } MGSS19 2017 2017 .,5.: hAGG#''ll 2004 } 2004. MGMS6 MGMSS 2003 MGHP1 � @V!C>SS� 2004 w.y NIGHT H .,A'4"F'T3NtF' G€a .- GAS GMS « PvriIN SPA#T r MGSS - SPLIT 9/14/'2020.... 4%1'�,��j Y'1,,:,v; V6 Recoil 1111endation a r , S,t TT ecornmends entering into an Agreement with Interstate " NnicalCorporation for the removal and installation of two (2) �', `,Mec a -Generational Center in the ,TRAPd'E ,HVAC units located at the Multi T"'T t,of,,$,226 640.06 a'moun �vu�� , City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-638 Sponsor: Chip Wilson Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1111012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-639 Sponsor: Bryant Powell Agenda Date: 11/16/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1111012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-640 Sponsor:Al Bravo Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 1111012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-483 Sponsor: Liz Langenbach Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1507, amending the Apache Junction City Code, Volume I, City Code, by amending Chapter 4: Fees; Article 4-1: Parks and Recreation Fee Schedule. City of Apache Junction,Arizona Page 1 Printed on 1111012021 Cit 0 achejunction Y )fgp W . Home t?f the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: November 16, 2021 SUBJECT: Updates to Chapter 4-1: Parks and Recreation Fee Schedule Apache Junction City Code Volume I, Chapter 4: Fees, Article 4-1: Parks And Recreation Fee Schedule addresses parks and recreation fees. Fees are reviewed every five years to insure they are aligned with the local market, the community needs, and changes in other laws. The parks and recreation department has historically used three primary funding sources to provide high quality programs, services, and facilities for the community: 1) general fund (sales tax); 2) development fee fund; and 3) user fees. These are supplemented by various smaller sources such as grants, donations, corporate partnerships, etc. The updated fees and newly established fees accomplish the following goals: 1. General Market Comparison Parks and Recreation fees were last updated in 2015. Due to changing dynamics within other funding sources (i.e. state-shared revenues, local economy, etc)— it is more important than ever to evaluate revenue streams and ensure the city balances the community needs with the cost of operations. The recommended updates only change those fees that are below market and have the greatest increase in operational costs. 2. Commercial Fees Currently, "for-profit" businesses are not permitted to use the facilities for events and gatherings. This creates challenges for local businesses. Additionally, the city misses out on additional sources of revenue necessary to maintain and operate facilities/equipment. The market study evaluated the practices of comparator cities and the final recommendation included adding a category for commercial use that is 50% more than the resident/non-profit agency rate. 3. Non-Resident Fees Many cities charge non-residents higher fees than residents, for city programs and services. This issue has been discussed multiple times over the past 10-15 years. Staff/council has been hesitant to charge a higher fee for non-residents because many of the city's programs rely on the participation of non-residents for optimal class/league sizes. Instead, the city has implemented "early-bird" registration and rental dates for city residents so that they may get first choice of the most popular recreation programs and facility reservation dates. The parks and recreation commission held a public hearing on May 5th, 2021 and recommends council now take this one step further and implement non-resident fees for facility rentals (charging 300 E.Superstition Blvd.9 APACHE KNCTION,AZ 85119•www.apachejunctionaz.gov•PHONE(480)983-2'181 e TDD(480)983-0095 individual non-residents 25% more than residents). This will help to balance the policy change and will help prioritize facility use for residents. The amendments, in the attachments, reflect recommendations from the parks and recreation commission. Staff discussed these fee changes at the August 17th council meeting. The proposed changes/updates have been posted for the mandatory 60 day waiting period under A.R.S. § 9- 499.15 and this item will be discussed under the public hearings portion of the November 16th, 2021 council meeting. The intent is to have any approved changes effective January 1st, 2022. Thank you, for your consideration. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119•www.apachejunctionaz.gov•PHONE(480)983-2181•TDD(480)983-0095 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 4, FEES,ARTICLE 4-1: PARKS AND RECREATION FEE SCHEDULE Section 4-1-1 Facility and equipment rental fees 4-1-2 Deposits 4-1-3 Program and activity fees 4-1-4 Refunds 4-1-5 Promotional discounts 4-1-6 Priority use 4-1-7 Priority reservations and registrations § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES. DESCRIPTION USER FEE 1. MEETING AND CLASSROOM SPACE Multi-purpose room("MGC") $60.00 per hour Large Classroom/Meeting Room $30.00 per hour Small Classroom/Meeting Room $20.00 per hour 2. SPORTS FIELDS Field preparation Softball/Baseball $ 40.00per field Field preparation— Soccer/Football $ 80.00 per field Daytime Sports Field Usage $10.00 per hour Evening Sports Field Usage $17.00 per hour 3. GROUP USE (DESIGNATED AREAS ONLY) Small Ramada(max. 30 people; 2 hr. min.) $10.00 per hour Large Ramada (max. 50 people; 2 hr. min.) $15.00 per hour Multi-Use Area $8.00 per hour 4. RODEO PARK Arena preparation $50.00 per prep Daytime Arena Usage $8.00 per hour Evening Arena Usage (including lights) $17.00 per hour Multi-Use Area $8.00 per hour Concession Stand $8.00 per hour 5. POOL ENTRY/PASSES Daily fees (17 and under) $ 2.00 Daily fees (18 and over) $ 3.00 Season pass (17 and under) $ 60.00 Season pass (18 and over) $ 85.00 Family season pass (up to 6 members) $130.00 Additional members on family pass $20.00 6. SWIMMING POOL Pool rental- shared use, 100 to 149 people (2 hour minimum; includes lifeguard) $ 250.00 per hour Pool rental - exclusive use, 150 or more people (2 hour minimum; includes lifeguard) $ 330.00 per hour Pool rental - competition pool only (2 hour minimum; includes lifeguard) $ 125.00 per hour 7. MULTI-GENERATIONAL CENTER ENTRY/MEMBERSHIPS Daily fees (17 and under) $3.00 Daily fees (18 and older) $5.00 Monthly pass (17 and under) $1.6.00 Monthly pass (18 and older) $27.00 Monthly pass (Family up to 6 members) $60.00 2 Each additional member $10.00 Six month pass (17 and under) $82.00 Six month pass (18 and older) $132.00 Six month pass (Family up to 6 members) $297.00 Each additional member $25.00 Annual pass (17 and under) $132.00 Annual pass (18 and older) $198.00 Annual pass (Family up to 6 members) $528.00 Each additional member $40.00 10—Day Punch Pass $35.00 8. SPORT COURTS Daytime Court Usage $ 5.00 per hour Evening Court Usage (includes lights) $ 10.00 per hour Gymnasium $75.00 per hour 9. VETERAN'S MEMORIAL PARK Veteran's Memorial Park $15.00 per hour 10. SPECIAL SERVICESIEQUIPMENT Barricades $3.00 each Bleachers - 3 row (includes delivery) $50.00 per day Bleachers - 5 row (includes delivery) $65.00 per day Field marker $6.00 per bag Folding chairs $1.00 each Folding tables $6.00 each 3 Malt beverage permit - single day fee $10.00 per day Malt beverage permit - multiple day fee $25.00 per event Personnel services (per employee) $ 30.00 per hour Rodeo arena PA system $30.00 per day Single sport package $6.00 per day Tractor/loader(includes operator) $55.00 per hour Traffic cones $1.00 each Used softballs $1.00 each Water truck(includes operator) $55.00 per hour Electronic messaging board $50.00110 days Mobile stage * (first day) $500.00 Mobile stage (each additional consecutive day) $250.00 Mobile stage refundable security/cleaning deposit $500.00 per event *Stage must stay inside city limits, no reduced fees, additional staff assessed at personnel fee rate ($ 30.00 per hour),requires insurance with city as additional insured. § 4-1-2 DEPOSITS. (A) The Director of Parks and Recreation or his or her designee may require deposits or clean-up fees for equipment/facility rentals deemed necessary equal to or up to the amount of the rental fee. § 4-1-3 PROGRAM AND ACTIVITY FEES. DESCRIPTION USER FEE 1. ADULT SPORTS Leagues (teams) $ 5.00 - 500.00 Instruction $0.00 - 100.00 2. AQUATICS 4 Swim instruction $10.00 - 50.00 Swim team $30.00 - 75.00 3. DANCE/FITNESS/EXERCISE per session $0.00 - 75.00 4. OPEN GYM PROGRAMS per session $3.00 - 300.00 5. SPECIAL EVENTS Per event $0.00 - $ 50.00 6. SPECIAL INTEREST CLASSES per session $0.00 - $200.00 7. YOUTH SPORTS Leagues $20.00 - $75.00 Instruction $0.00 - $150.00 § 4-1-4 REFUNDS. All refunds shall be made in full, except for a 10%administrative processing fee,with a$5 minimum. § 4-1-5 PROMOTIONAL DISCOUNTS (A) Intent. The Parks and Recreation director or his or her designee may from time to time establish promotional discounts to encourage and increase participation in programs and memberships, especially for off season events. (B) Limitation: With the exception of a limited quantity of free day passes to the multi- generational center or aquatic center, no promotion may exceed 50% off the regular price of admission. § 4-1-6 FEE CATEGORIES (A) No Fee Catego : The Parks and Recreation Department has priority use of all facilities and recreational areas. When facilities are not in use for Parks and Recreation sponsored activities, they shall be available on a permit/no fee basis to the following: (1) All other city departments. (2) City council approved special events (considered annually during budget process). (3) Partner agencies with formal agreements. 5 (B) Partial Fee Category: Groups that meet the following Local Youth Serving Agency criteria will have priority use with those above, on a reduced fee basis (25% of regular public rates): (1) Youth Serving Agency is a 501(c)(3)non-profit organization. (2) Youth Serving Agency is governed by local,unpaid volunteer board and unpaid staff. (3) Participant members are made up of a majority of City of Apache Junction residents. (4) Youth Serving Agency participation is open to the public and not"by invitation only"or limited by any means other than the natural makeup of the league (i.e. no cuts and must have minimum participation/play rules in place). (C) Full Fee Category: When facilities are not in use by the Parks and Recreation department, or the groups listed above, they will be made available to other Apache Junction residents, groups or organizations on a permit/fee basis. (D) Non-Resident Fee Category: Individuals that do not reside within the incorporated limits of the city shall be charged a fee that is 25% more than the listed facility rental fees in §4- 1: FACILITY AND EQUIPMENT RENTAL FEES, with the exception of Pool Entry/Passes and Multi-Generational Center Entry/Memberships. (E) Commercial Fee Category: Businesses and other for-profit organizations shall be charged a fee that is 50% more than the listed facility rental fees in § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES, with the exception of Pool Entry/Passes and Multi-Generational Center Entry/Memberships. Facilities that are on a Bureau of Land Management Recreation and Public Purpose Lease will not be eligible for commercial rentals. § 4-1-7 PRIORITY RESERVATIONS AND REGISTRATIONS The Parks and Recreation director or his or her designee may establish a priority registration or priority reservation period for Apache Junction residents. Programs and facilities with the highest participation and/or use shall be considered for priority registration or priority reservation for Apache Junction residents. 6 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 4, FEES, ARTICLE 4-1: PARKS AND RECREATION FEE SCHEDULE Section 4-1-1 Facility and equipment rental fees 4-1-2 Deposits 4-1-3 Program and activity fees 4-1-4 Refunds 4-1-5 Promotional discounts 4-1-6 Priority use 4-1-7 Priority reservations and registrations § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES. DESCRIPTION USER FEE 1. MEETING AND CLASSROOM SPACE Multi-purpose room("MGC") $60.00 per hour Large Classroom/Meeting Room $30.00 per hour Small Classroom/Meeting Room $20.00 per hour 2. SPORTS FIELDS Field preparation Softball/Baseball $ . O-40.00per field Field preparation— Soccer/Football $64M 80.00 per field Daytime Sports Field Usage $10.00 per hour Evening Sports Field Usage $17.00 per hour 3. GROUP USE (DESIGNATED AREAS ONLY) Small Ramada(max. 30 people; 2 hr. min.) $10.00 per hour Large Ramada(max. 50 people; 2 hr. min.) $15.00 per hour Multi-Use Area $8.00 per hour 4. RODEO PARK Arena preparation $50.00 per prep Daytime Arena Usage $8.00 per hour Evening Arena Usage (including lights) $17.00 per hour Multi-Use Area $8.00 per hour Concession Stand $8.00 per hour 5. POOL ENTRY/PASSES Daily fees (17 and under) $47502.00 Daily fees (18 and over) $2750 3,00 Season pass (17 and under) $5"0 60,00 Season pass (18 and over) $70700 85.00 Family season pass (up to 6 members) $4 )M130.00 Additional members on family pass $20.00 6. SWIMMING POOL Pool rental- shared use, 100 to 149 people (2 hour minimum; includes lifeguard) $4-5 , 250.00 per hour Pool rental - exclusive use, 150 or more people (2 hour minimum; includes lifeguard) $200700 330.00 per hour Pool rental - competition pool only (2 hour minimum; includes lifeguard) $440700 125.00 per hour 7. MULTI-GENERATIONAL CENTER ENTRY/MEMBERSHIPS Daily fees (17 and under) $3.00 Daily fees (18 and older) $5.00 Monthly pass (17 and under) $16.00 Monthly pass (18 and older) $27.00 Monthly pass (Family up to 6 members) $60.00 Each additional member $10.00 Six month pass (17 and under) $82.00 Six month pass (18 and older) $132.00 Six month pass (Family up to 6 members) $297.00 Each additional member $25.00 Annual pass (17 and under) $132.00 Annual pass (18 and older) $198.00 Annual pass (Family up to 6 members) $528.00 Each additional member $40.00 10—Day Punch Pass $35.00 8. SPORT COURTS Daytime Court Usage $2,50 5.00 per hour Evening Court Usage (includes lights) $5,00 10.00 per hour Gymnasium $75.00 per hour 9. VETERAN'S MEMORIAL PARK Veteran's Memorial Park $15.00 per hour 10. SPECIAL SERVICES/EQUIPMENT Barricades $3.00 each Bleachers - 3 row(includes delivery) $50.00 per day Bleachers - 5 row(includes delivery) $65.00 per day Field marker $6.00 per bag Folding chairs $1.00 each. Folding tables $6.00 each Malt beverage permit- single day fee $10.00 per day Malt beverage permit-multiple day fee $25.00 per event Personnel services (per employee) $25.00 30.00 per hour Rodeo arena PA system $30.00 per day Single sport package $6.00 per day Tractor/loader(includes operator) $55.00 per hour Traffic cones $1.00 each Used softballs $1.00 each Water truck(includes operator) $55.00 per hour Electronic messaging board $50.00110 days Mobile stage * (first day) $500.00 Mobile stake each additional consecutive days $250.00 ` z�t e Mobile stage refundable security/cleaning deposit $500.00 per event *Stage must stay inside city limits, no reduced fees, additional staff assessed at personnel fee rate ($2 30.00 per hour), requires insurance with city as additional insured. § 4-1-2 DEPOSITS. (A) The Director of Parks and Recreation or his or her designee may require deposits or clean-up fees for equipment/facility rentals deemed necessary equal to or up to the amount of the rental fee. § 4-1-3 PROGRAM AND ACTIVITY FEES. DESCRIPTION USER FEE I. ADULT SPORTS Leagues (teams) $54M 5.00 - 500.00 Instruction $0.00 - 100.00 2. AQUATICS Swim instruction $1.0.00 - 50.00 Swim team $30.00 - 75.00 3. DANCE/FITNESS/EXERCISE per session $0.00 - 75.00 4. OPEN GYM PROGRAMS per session $3.00 - 300.00 5. SPECIAL EVENTS Per event $0.00 - $ 50.00 6. SPECIAL INTEREST CLASSES per session $0.00 - $200.00 7. YOUTH SPORTS Leagues $20.00 - $75.00 Instruction $0.00 - $150.00 § 4-1-4 REFUNDS. All refunds shall be made in full, except for a 10%administrative processing fee,with a$5 minimum. § 4-1-5 PROMOTIONAL DISCOUNTS (A) Intent. The Parks and Recreation director or his or her designee may from time to time establish promotional discounts to encourage and increase participation in programs and memberships, especially for off season events. (B) Limitation: With the exception of a limited quantity of free day passes to the multi- generational center or aquatic center, no promotion may exceed 50% off the regular price of admission. § 4-1-6 P' O TY-U-&E FEE CATEGORIES (A) No Fee Category: The Parks and Recreation Department has priority use of all facilities and recreational areas. When facilities are not in use for Parks and Recreation sponsored activities, they shall be available on a permit/no fee basis to the following: (1) All other city departments. (2) City council approved special events (considered annually during budget process). (3) Partner agencies with formal agreements. (B) Partial Fee Category: Groups that meet the following Local. Youth Serving Agency criteria will have priority use with those above, on a reduced fee basis (25% of regular public rates): (1) Youth Serving Agency is a 501(c)(3)non-profit organization. (2) Youth Serving Agency is governed by local,unpaid volunteer board and unpaid staff. (3) Participant members are made up of a majority of City of Apache Junction residents. (4) Youth Serving Agency participation is open to the public and not"by invitation only"or limited by any means other than the natural makeup of the league(i.e.no cuts and must have minimum participation/play rules in place). (C) Full Fee Category: When facilities are not in use by the Parks and Recreation department, or the groups listed above, they will be made available to other Apache Junction residents, groups or organizations on a permit/fee basis. C ou mot. ^f efgnn;za4o 4&m o��, D Non-Resident Fee Cate or : Individua.Is that do not reside within the incor orated limits of the city shall e cl-ia ed a fee that is 25% more than the listed facilityrental fees in 4- 1: FACILITY AND F f Pool Entr /Passes and Multi-Generational Center Entry/Me bershi s. Commercial Fee Cate ors Businesses and other for-profit organizations shall be char ed a fee that is 50% more than the listed_facility rental fees in ' 4-1-1 FACILITY AND EC9I-TIPIFN`I RENTAL FEES, with the exception of Pool Entry/Passes and Multi-Generational Center Entry/Memberships. -Facilities that are on a Bureau of band Mana ement Recreation and Public Purpose Lease will not be eligible for commercial rentals. § 4-1-7 PRIORITY RESERVATIONS AND REGISTRATIONS The Parks and Recreation director or his or her designee may establish a priority registration or priority reservation period for Apache Junction residents. Programs and facilities with the highest participation and/or use shall be considered for priority registration or priority reservation for Apache Junction residents. ORDINANCE NO. 1507 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE VOLUME I, CHAPTER 4 : FEES, ARTICLE 4-1 : PARKS AND RECREATION FEE SCHEDULE, IN ITS ENTIRETY; AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4 : FEES, ARTICLE 4-1 : PARKS AND RECREATION FEE SCHEDULE"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND ESTABLISHING AN EFFECTIVE DATE AND A REVOLVING SIXTY MONTH REVIEW PERIOD. WHEREAS, the mayor and city council last approved an amended parks and recreation fee schedule on June 16, 2015 when it adopted Ordinance No. 1415; and WHEREAS, since that time, the City of Apache Junction Parks and Recreation Department (the "Department") has continued to experience increased use of its facilities and programs; and WHEREAS, some of the current fees and usage regulations do not coincide with the actual usage, cost and desired practice of the Department; and WHEREAS, to accommodate high use and demand for all users of facilities, the Department desires to establish a separate rate for non-residents for the use of the facilities; and WHEREAS, it is also the desire of the mayor and city council to allow commercial activity at the facilities and establish appropriate fees for such use; and WHEREAS, on May 5th, 2021 the parks and recreation commission held a public hearing to consider the fees and recommended 7 : 0 to the council to approve the amendments; and WHEREAS, on August 17th, 2021 a council work session was held to discuss the fee changes; and WHEREAS, on November 16th, 2021 a council public hearing was held to discuss the fee changes where the public had the opportunity to provide comments; and WHEREAS, the pre-hearing posting and notice procedures were strictly followed pursuant to A.R. S § 9-499 . 15; and ORDINANCE NO. 1507 PAGE 1 OF 3 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 is filed in the office of the clerk of the municipality and one electronic copy is accessible on the city' s website and made available for public use and inspection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . Existing Apache Junction City Code, Volume I, Chapter 4 : Fees, Article 4-1 : Parks and Recreation Fee Schedule, is hereby repealed in its entirety. 2 . That certain document known as the "2021 Amendments to the Apache Junction City Code, Volume I, Chapter 4 : Fees, Article 4-1 : Parks and Recreation Fee Schedule", 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 document was made a public record by Resolution No . 21-29 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. SECTION IV PROVIDING FOR PENALTIES Any violation of the provisions adopted herein shall be punishable ORDINANCE NO. 1507 PAGE 2 OF 3 as a class one misdemeanor consistent with Apache Junction City Code, Volume I, Chapter 1 : General, Article 1-1 : General, S 1-1-11, Penalty. SECTION V ESTABLISHING AN EFFECTIVE DATE AND REVOLVING FIVE YEAR REVIEW PERIOD The provisions of this ordinance shall take effect on January 1, 2022 and before the end of each sixty month period thereafter, staff and the parks and recreation commission shall review the fees and provide recommendations to the mayor and council for any amendments . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF , 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1507 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 21-648 Sponsor: Liz Langenbach Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Resolution No. 21-29 , a resolution of the mayor and city council of the City of Apache Junction, Pinal County, Arizona declaring as a public record that certain document filed with the city clerk entitled "2021 Amendments to the Apache Junction City Code, Volume I, Chapter 4 Fees, Article 4-1: Parks and Recreation Fee Schedule; repealing any conflicting provisions, providing for penalties and providing for severability. City of Apache Junction,Arizona Page 1 Printed on 1111012021 Cit 0 achejunction Y )fgp W . Home t?f the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: November 16, 2021 SUBJECT: Updates to Chapter 4-1: Parks and Recreation Fee Schedule Apache Junction City Code Volume I, Chapter 4: Fees, Article 4-1: Parks And Recreation Fee Schedule addresses parks and recreation fees. Fees are reviewed every five years to insure they are aligned with the local market, the community needs, and changes in other laws. The parks and recreation department has historically used three primary funding sources to provide high quality programs, services, and facilities for the community: 1) general fund (sales tax); 2) development fee fund; and 3) user fees. These are supplemented by various smaller sources such as grants, donations, corporate partnerships, etc. The updated fees and newly established fees accomplish the following goals: 1. General Market Comparison Parks and Recreation fees were last updated in 2015. Due to changing dynamics within other funding sources (i.e. state-shared revenues, local economy, etc)— it is more important than ever to evaluate revenue streams and ensure the city balances the community needs with the cost of operations. The recommended updates only change those fees that are below market and have the greatest increase in operational costs. 2. Commercial Fees Currently, "for-profit" businesses are not permitted to use the facilities for events and gatherings. This creates challenges for local businesses. Additionally, the city misses out on additional sources of revenue necessary to maintain and operate facilities/equipment. The market study evaluated the practices of comparator cities and the final recommendation included adding a category for commercial use that is 50% more than the resident/non-profit agency rate. 3. Non-Resident Fees Many cities charge non-residents higher fees than residents, for city programs and services. This issue has been discussed multiple times over the past 10-15 years. Staff/council has been hesitant to charge a higher fee for non-residents because many of the city's programs rely on the participation of non-residents for optimal class/league sizes. Instead, the city has implemented "early-bird" registration and rental dates for city residents so that they may get first choice of the most popular recreation programs and facility reservation dates. The parks and recreation commission held a public hearing on May 5th, 2021 and recommends council now take this one step further and implement non-resident fees for facility rentals (charging 300 E.Superstition Blvd.9 APACHE KNCTION,AZ 85119•www.apachejunctionaz.gov•PHONE(480)983-2'181 e TDD(480)983-0095 individual non-residents 25% more than residents). This will help to balance the policy change and will help prioritize facility use for residents. The amendments, in the attachments, reflect recommendations from the parks and recreation commission. Staff discussed these fee changes at the August 17th council meeting. The proposed changes/updates have been posted for the mandatory 60 day waiting period under A.R.S. § 9- 499.15 and this item will be discussed under the public hearings portion of the November 16th, 2021 council meeting. The intent is to have any approved changes effective January 1st, 2022. Thank you, for your consideration. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119•www.apachejunctionaz.gov•PHONE(480)983-2181•TDD(480)983-0095 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 4, FEES,ARTICLE 4-1: PARKS AND RECREATION FEE SCHEDULE Section 4-1-1 Facility and equipment rental fees 4-1-2 Deposits 4-1-3 Program and activity fees 4-1-4 Refunds 4-1-5 Promotional discounts 4-1-6 Priority use 4-1-7 Priority reservations and registrations § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES. DESCRIPTION USER FEE 1. MEETING AND CLASSROOM SPACE Multi-purpose room("MGC") $60.00 per hour Large Classroom/Meeting Room $30.00 per hour Small Classroom/Meeting Room $20.00 per hour 2. SPORTS FIELDS Field preparation Softball/Baseball $ 40.00per field Field preparation— Soccer/Football $ 80.00 per field Daytime Sports Field Usage $10.00 per hour Evening Sports Field Usage $17.00 per hour 3. GROUP USE (DESIGNATED AREAS ONLY) Small Ramada(max. 30 people; 2 hr. min.) $10.00 per hour Large Ramada (max. 50 people; 2 hr. min.) $15.00 per hour Multi-Use Area $8.00 per hour 4. RODEO PARK Arena preparation $50.00 per prep Daytime Arena Usage $8.00 per hour Evening Arena Usage (including lights) $17.00 per hour Multi-Use Area $8.00 per hour Concession Stand $8.00 per hour 5. POOL ENTRY/PASSES Daily fees (17 and under) $ 2.00 Daily fees (18 and over) $ 3.00 Season pass (17 and under) $ 60.00 Season pass (18 and over) $ 85.00 Family season pass (up to 6 members) $130.00 Additional members on family pass $20.00 6. SWIMMING POOL Pool rental- shared use, 100 to 149 people (2 hour minimum; includes lifeguard) $ 250.00 per hour Pool rental - exclusive use, 150 or more people (2 hour minimum; includes lifeguard) $ 330.00 per hour Pool rental - competition pool only (2 hour minimum; includes lifeguard) $ 125.00 per hour 7. MULTI-GENERATIONAL CENTER ENTRY/MEMBERSHIPS Daily fees (17 and under) $3.00 Daily fees (18 and older) $5.00 Monthly pass (17 and under) $1.6.00 Monthly pass (18 and older) $27.00 Monthly pass (Family up to 6 members) $60.00 2 Each additional member $10.00 Six month pass (17 and under) $82.00 Six month pass (18 and older) $132.00 Six month pass (Family up to 6 members) $297.00 Each additional member $25.00 Annual pass (17 and under) $132.00 Annual pass (18 and older) $198.00 Annual pass (Family up to 6 members) $528.00 Each additional member $40.00 10—Day Punch Pass $35.00 8. SPORT COURTS Daytime Court Usage $ 5.00 per hour Evening Court Usage (includes lights) $ 10.00 per hour Gymnasium $75.00 per hour 9. VETERAN'S MEMORIAL PARK Veteran's Memorial Park $15.00 per hour 10. SPECIAL SERVICESIEQUIPMENT Barricades $3.00 each Bleachers - 3 row (includes delivery) $50.00 per day Bleachers - 5 row (includes delivery) $65.00 per day Field marker $6.00 per bag Folding chairs $1.00 each Folding tables $6.00 each 3 Malt beverage permit - single day fee $10.00 per day Malt beverage permit - multiple day fee $25.00 per event Personnel services (per employee) $ 30.00 per hour Rodeo arena PA system $30.00 per day Single sport package $6.00 per day Tractor/loader(includes operator) $55.00 per hour Traffic cones $1.00 each Used softballs $1.00 each Water truck(includes operator) $55.00 per hour Electronic messaging board $50.00110 days Mobile stage * (first day) $500.00 Mobile stage (each additional consecutive day) $250.00 Mobile stage refundable security/cleaning deposit $500.00 per event *Stage must stay inside city limits, no reduced fees, additional staff assessed at personnel fee rate ($ 30.00 per hour),requires insurance with city as additional insured. § 4-1-2 DEPOSITS. (A) The Director of Parks and Recreation or his or her designee may require deposits or clean-up fees for equipment/facility rentals deemed necessary equal to or up to the amount of the rental fee. § 4-1-3 PROGRAM AND ACTIVITY FEES. DESCRIPTION USER FEE 1. ADULT SPORTS Leagues (teams) $ 5.00 - 500.00 Instruction $0.00 - 100.00 2. AQUATICS 4 Swim instruction $10.00 - 50.00 Swim team $30.00 - 75.00 3. DANCE/FITNESS/EXERCISE per session $0.00 - 75.00 4. OPEN GYM PROGRAMS per session $3.00 - 300.00 5. SPECIAL EVENTS Per event $0.00 - $ 50.00 6. SPECIAL INTEREST CLASSES per session $0.00 - $200.00 7. YOUTH SPORTS Leagues $20.00 - $75.00 Instruction $0.00 - $150.00 § 4-1-4 REFUNDS. All refunds shall be made in full, except for a 10%administrative processing fee,with a$5 minimum. § 4-1-5 PROMOTIONAL DISCOUNTS (A) Intent. The Parks and Recreation director or his or her designee may from time to time establish promotional discounts to encourage and increase participation in programs and memberships, especially for off season events. (B) Limitation: With the exception of a limited quantity of free day passes to the multi- generational center or aquatic center, no promotion may exceed 50% off the regular price of admission. § 4-1-6 FEE CATEGORIES (A) No Fee Catego : The Parks and Recreation Department has priority use of all facilities and recreational areas. When facilities are not in use for Parks and Recreation sponsored activities, they shall be available on a permit/no fee basis to the following: (1) All other city departments. (2) City council approved special events (considered annually during budget process). (3) Partner agencies with formal agreements. 5 (B) Partial Fee Category: Groups that meet the following Local Youth Serving Agency criteria will have priority use with those above, on a reduced fee basis (25% of regular public rates): (1) Youth Serving Agency is a 501(c)(3)non-profit organization. (2) Youth Serving Agency is governed by local,unpaid volunteer board and unpaid staff. (3) Participant members are made up of a majority of City of Apache Junction residents. (4) Youth Serving Agency participation is open to the public and not"by invitation only"or limited by any means other than the natural makeup of the league (i.e. no cuts and must have minimum participation/play rules in place). (C) Full Fee Category: When facilities are not in use by the Parks and Recreation department, or the groups listed above, they will be made available to other Apache Junction residents, groups or organizations on a permit/fee basis. (D) Non-Resident Fee Category: Individuals that do not reside within the incorporated limits of the city shall be charged a fee that is 25% more than the listed facility rental fees in §4- 1: FACILITY AND EQUIPMENT RENTAL FEES, with the exception of Pool Entry/Passes and Multi-Generational Center Entry/Memberships. (E) Commercial Fee Category: Businesses and other for-profit organizations shall be charged a fee that is 50% more than the listed facility rental fees in § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES, with the exception of Pool Entry/Passes and Multi-Generational Center Entry/Memberships. Facilities that are on a Bureau of Land Management Recreation and Public Purpose Lease will not be eligible for commercial rentals. § 4-1-7 PRIORITY RESERVATIONS AND REGISTRATIONS The Parks and Recreation director or his or her designee may establish a priority registration or priority reservation period for Apache Junction residents. Programs and facilities with the highest participation and/or use shall be considered for priority registration or priority reservation for Apache Junction residents. 6 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 4, FEES, ARTICLE 4-1: PARKS AND RECREATION FEE SCHEDULE Section 4-1-1 Facility and equipment rental fees 4-1-2 Deposits 4-1-3 Program and activity fees 4-1-4 Refunds 4-1-5 Promotional discounts 4-1-6 Priority use 4-1-7 Priority reservations and registrations § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES. DESCRIPTION USER FEE 1. MEETING AND CLASSROOM SPACE Multi-purpose room("MGC") $60.00 per hour Large Classroom/Meeting Room $30.00 per hour Small Classroom/Meeting Room $20.00 per hour 2. SPORTS FIELDS Field preparation Softball/Baseball $ . O-40.00per field Field preparation— Soccer/Football $64M 80.00 per field Daytime Sports Field Usage $10.00 per hour Evening Sports Field Usage $17.00 per hour 3. GROUP USE (DESIGNATED AREAS ONLY) Small Ramada(max. 30 people; 2 hr. min.) $10.00 per hour Large Ramada(max. 50 people; 2 hr. min.) $15.00 per hour Multi-Use Area $8.00 per hour 4. RODEO PARK Arena preparation $50.00 per prep Daytime Arena Usage $8.00 per hour Evening Arena Usage (including lights) $17.00 per hour Multi-Use Area $8.00 per hour Concession Stand $8.00 per hour 5. POOL ENTRY/PASSES Daily fees (17 and under) $47502.00 Daily fees (18 and over) $2750 3,00 Season pass (17 and under) $5"0 60,00 Season pass (18 and over) $70700 85.00 Family season pass (up to 6 members) $4 )M130.00 Additional members on family pass $20.00 6. SWIMMING POOL Pool rental- shared use, 100 to 149 people (2 hour minimum; includes lifeguard) $4-5 , 250.00 per hour Pool rental - exclusive use, 150 or more people (2 hour minimum; includes lifeguard) $200700 330.00 per hour Pool rental - competition pool only (2 hour minimum; includes lifeguard) $440700 125.00 per hour 7. MULTI-GENERATIONAL CENTER ENTRY/MEMBERSHIPS Daily fees (17 and under) $3.00 Daily fees (18 and older) $5.00 Monthly pass (17 and under) $16.00 Monthly pass (18 and older) $27.00 Monthly pass (Family up to 6 members) $60.00 Each additional member $10.00 Six month pass (17 and under) $82.00 Six month pass (18 and older) $132.00 Six month pass (Family up to 6 members) $297.00 Each additional member $25.00 Annual pass (17 and under) $132.00 Annual pass (18 and older) $198.00 Annual pass (Family up to 6 members) $528.00 Each additional member $40.00 10—Day Punch Pass $35.00 8. SPORT COURTS Daytime Court Usage $2,50 5.00 per hour Evening Court Usage (includes lights) $5,00 10.00 per hour Gymnasium $75.00 per hour 9. VETERAN'S MEMORIAL PARK Veteran's Memorial Park $15.00 per hour 10. SPECIAL SERVICES/EQUIPMENT Barricades $3.00 each Bleachers - 3 row(includes delivery) $50.00 per day Bleachers - 5 row(includes delivery) $65.00 per day Field marker $6.00 per bag Folding chairs $1.00 each. Folding tables $6.00 each Malt beverage permit- single day fee $10.00 per day Malt beverage permit-multiple day fee $25.00 per event Personnel services (per employee) $25.00 30.00 per hour Rodeo arena PA system $30.00 per day Single sport package $6.00 per day Tractor/loader(includes operator) $55.00 per hour Traffic cones $1.00 each Used softballs $1.00 each Water truck(includes operator) $55.00 per hour Electronic messaging board $50.00110 days Mobile stage * (first day) $500.00 Mobile stake each additiona ` z�t l consecutive days $250.00 per-e Mobile stage refundable security/cleaning deposit $500.00 per event *Stage must stay inside city limits, no reduced fees, additional staff assessed at personnel fee rate ($2 30.00 per hour), requires insurance with city as additional insured. § 4-1-2 DEPOSITS. (A) The Director of Parks and Recreation or his or her designee may require deposits or clean-up fees for equipment/facility rentals deemed necessary equal to or up to the amount of the rental fee. § 4-1-3 PROGRAM AND ACTIVITY FEES. DESCRIPTION USER FEE I. ADULT SPORTS Leagues (teams) $54M 5.00 - 500.00 Instruction $0.00 - 100.00 2. AQUATICS Swim instruction $1.0.00 - 50.00 Swim team $30.00 - 75.00 3. DANCE/FITNESS/EXERCISE per session $0.00 - 75.00 4. OPEN GYM PROGRAMS per session $3.00 - 300.00 5. SPECIAL EVENTS Per event $0.00 - $ 50.00 6. SPECIAL INTEREST CLASSES per session $0.00 - $200.00 7. YOUTH SPORTS Leagues $20.00 - $75.00 Instruction $0.00 - $150.00 § 4-1-4 REFUNDS. All refunds shall be made in full, except for a 10%administrative processing fee,with a$5 minimum. § 4-1-5 PROMOTIONAL DISCOUNTS (A) Intent. The Parks and Recreation director or his or her designee may from time to time establish promotional discounts to encourage and increase participation in programs and memberships, especially for off season events. (B) Limitation: With the exception of a limited quantity of free day passes to the multi- generational center or aquatic center, no promotion may exceed 50% off the regular price of admission. § 4-1-6 P' O TY-U-&E FEE CATEGORIES (A) No Fee Category: The Parks and Recreation Department has priority use of all facilities and recreational areas. When facilities are not in use for Parks and Recreation sponsored activities, they shall be available on a permit/no fee basis to the following: (1) All other city departments. (2) City council approved special events (considered annually during budget process). (3) Partner agencies with formal agreements. (B) Partial Fee Category: Groups that meet the following Local. Youth Serving Agency criteria will have priority use with those above, on a reduced fee basis (25% of regular public rates): (1) Youth Serving Agency is a 501(c)(3)non-profit organization. (2) Youth Serving Agency is governed by local,unpaid volunteer board and unpaid staff. (3) Participant members are made up of a majority of City of Apache Junction residents. (4) Youth Serving Agency participation is open to the public and not"by invitation only"or limited by any means other than the natural makeup of the league(i.e.no cuts and must have minimum participation/play rules in place). (C) Full Fee Category: When facilities are not in use by the Parks and Recreation department, or the groups listed above, they will be made available to other Apache Junction residents, groups or organizations on a permit/fee basis. C ou mot. ^f efgnn;za4o 4&m o��, D Non-Resident Fee Cate or : Individua.Is that do not reside within the incor orated limits of the city shall e cl-ia ed a fee that is 25% more than the listed facilityrental fees in 4- 1: FACILITY AND F f Pool Entr /Passes and Multi-Generational Center Entry/Me bershi s. Commercial Fee Cate ors Businesses and other for-profit organizations shall be char ed a fee that is 50% more than the listed_facility rental fees in ' 4-1-1 FACILITY AND EC9I-TIPIFN`I RENTAL FEES, with the exception of Pool Entry/Passes and Multi-Generational Center Entry/Memberships. -Facilities that are on a Bureau of band Mana ement Recreation and Public Purpose Lease will not be eligible for commercial rentals. § 4-1-7 PRIORITY RESERVATIONS AND REGISTRATIONS The Parks and Recreation director or his or her designee may establish a priority registration or priority reservation period for Apache Junction residents. Programs and facilities with the highest participation and/or use shall be considered for priority registration or priority reservation for Apache Junction residents. RESOLUTION NO. 21-29 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 ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4 : FEES, ARTICLE 4-1 : PARKS AND RECREATION FEE SCHEDULE"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. 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 with at least one paper copy of the code changes or public record filed in the office of the city clerk and one electronic copy accessible on the City' s website and made available for public use and inspection; and WHEREAS, Ordinance No. 1507 adopts by reference certain staff recommended modifications set forth in the "2021 Amendments to the Apache Junction City Code, Volume I, Chapter 4 : Fees, Article 4-1 : Parks and Recreation Fee Schedule"; and WHEREAS, it is the intent of the city to declare the amendments as a public record with one paper copy being on file in the office of the city clerk and an electronic copy being available on the City' s website for public use and inspection . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That certain document entitled "2021 Amendments To The Apache Junction City Code, Volume I, Chapter 4 : Fees, Article 4-1 : Parks and Recreation Fee Schedule", one paper copy of which is on file in the office of the city clerk of the City of Apache Junction, Arizona, and one electronic copy is accessible on the City' s website, is hereby declared to be a public record for public use and inspection. RESOLUTION NO. 21-29 PAGE 1 OF 2 SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions 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 provisions 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. SECTION IV ESTABLISHING AN EFFECTIVE DATE The provisions of this resolution shall take effect on January 1, 2022 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF f 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-29 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 21-649 Sponsor: Nicholas Leftwich Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed case PA-1-21, a request by Hassle Free House Buyers, LLC, represented by Danielle Graham, for the approval of a private access way through 100-30-022F, -085A, -022E, -0860 and -022C, on the Silver Drive alignment immediately south of W. Roundup St. between N. Ironwood Drive and N. Gold Drive to serve the involved present properties and the future properties proposed from splitting 100-30-022C in Lot Split Case P-21-33-LSM. City of Apache Junction,Arizona Page 1 Printed on 1111012021 City ofApache Junction Development Services Department Date : November 16, 2021 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Nicholas Leftwich, Associate Planner Subject: November 16, 2021, City Council Public Hearing Item: PA-1-21 (Resolution No. 21-52) Request for a Private Access Way (PAW) by Danielle Graham, representing Hassle Free House Buyers, LLC Background PA-1-21 is a request for the council approval of a private access way as required by the Apache Junction City Code, Volume II : Zoning Ordinance, Section 1-7-6 : Private Street Standards to establish legal right of access to the new parcels proposed in P-21-33-LSM and to the existing land-locked parcels 100-30-085A and 100-30-022E. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on October 12, 2021 (planning staff report and exhibits attached) . The Planning and Zoning Commission unanimously voted to recommend approval of PA-1-21 . Draft Resolution no. 21-52 was drafted based on staff and the commission' s recommendation. Staff Recommendation Staff recommends approval of the Private Access Way case PA-1-21 subject to the conditions found in the draft resolution. Attachments: - Draft Resolution No. 21-52 - P&Z Staff Report from October 12, 2021 with all attachments RESOLUTION NO. 21-52 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE CREATION OF A THIRTY FOOT (30' ) WIDE PRIVATE STREET/PRIVATE ACCESS WAY, CASE NO. PA-1-21, IN CONJUNCTION WITH LAND SPLIT CASE NUMBER P-21-33-LSM, LOCATED ON THE N. SILVER DRIVE ALIGNMENT BETWEEN PARCELS 100-30-022F, 100-30- 085A, 100-30-022E, 100-30-0860 AND 100-30-022C, SOUTH OF W. ROUNDUP ST. BETWEEN N. IRONWOOD DRIVE AND N. GOLD DRIVE. WHEREAS, the creation of a perpetual private street (also called a "private access way" or "PAW") has been requested by Danielle Graham, representing the property owner Hassle Free House Buyers, LLC, in case PA-1-21, in conjunction with the proposed land split, case P-21-33-LSM; and WHEREAS, said private street is for the benefit of providing ingress and egress for the parcels proposed under P- 21-33-LSM, described as follows : Parcel "A" : The North half of the Southwest quarter of the Northeast quarter of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Parcel "B" : The South half of the Southwest quarter of the Northeast quarter of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; and WHEREAS, said private street shall also provide access to the landlocked Pinal County assessor parcels numbered 100-30- 085A and 100-30-022E, which lie west of the above-described parcels and which are legally described as follows; Parcel 100-30-085A: The North 92 feet of the Southeast quarter of the Northwest quarter of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; and RESOLUTION NO. 21-52 PAGE 1 OF 4 Parcel 100-30-022E: The South half of the Southeast quarter of the Northwest quarter of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the North 9 . 5 feet thereof; and WHEREAS, the creation of the private street is reasonable and appropriate to provide access to new parcels proposed in P- 21-33-LSM and to the existing land-locked parcels 100-30-085A and 100-30-022E, which have historically been accessed across the eastern 15' portion of parcels 100-30-022F, 100-30-085A, and 100-30-022E, and the western 15' portion of parcels 100-30-0860 and 100-30-022C; and WHEREAS, on October 12, 2021, the City of Apache Junction Planning and Zoning Commission held a public hearing on case PA- 1-21 and voted 7-0 to recommend approval of the private street to the City Council, with conditions; and WHEREAS, satisfactory evidence has been submitted to indicate that the proposed private street does not present a potential hazard to vehicular and/or pedestrian traffic, and that the proposed private street complies with the criteria for private streets pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading and Circulation Regulations, Section 1-7-6 : Private Street Standards, as recommended by the Planning and Zoning Commission and approved by the City Council . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE PRIVATE STREET, AS DESCRIBED HEREIN AND AS DEPICTED ON LAND SPLIT MAP P-21-33- LSM, BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . The property owner shall finalize land split map P-21-33- LSM and shall, within one year, record deeds for the new properties approved by P-21-33-LSM. 2 . The applicant in case PA-1-21 shall improve the PAW with a double chip seal treatment (or other surface and dust control treatment approved by the Development Services Engineer) to the edge of the W. Roundup Street improvements, to be approved and inspected by the city' s RESOLUTION NO. 21-52 PAGE 2 OF 4 Development Services and Public Works Engineers, including the securing of any necessary permits to do work in the city' s right-of-way on W. Roundup Street. 3 . The property owner shall separately prepare any necessary Easement for Perpetual Right of Ingress and Egress deeds which memorialize the council ' s approval of case PA-1-21; and which grant right of access to present and future owners of the involved properties described: parcels 100- 30-022F, 100-30-085A, 100-30-022E, 100-30-0860 and 100-30- 022C, including the two parcels to be created through the north-south split of 100-30-022C in lot split case P-21-33- LSM; and which also grant right of access to emergency and non-emergency city personnel and utility providers; and which require that the perpetual maintenance and upkeep of the PAW approved by PA-1-21 is the responsibility of the property owners which benefit from it . 4 Approval of this PAW is exclusively for the properties described herein, current parcels 100-30-022F, 100-30-085A, 100-30-022E, 100-30-0860 and 100-30-022C, including the two parcels to be created through the north-south split of 100- 30-022C in lot split case P-21-33-LSM. No other splits or easements shall be created on these properties without first receiving the necessary administrative or city council approvals . Any documents which may have been recorded in contravention to the city' s requirements and processes shall be eradicated by the appropriate parties . 5 . All conditions of this PA-1-21 approval shall be satisfied and complied with within one year of the approval date of PA-1-21 . 6 . Proper building permits shall be obtained and inspections and approvals received for any building, electrical, plumbing, remodeling and/or other property improvements, as necessary. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2021 . RESOLUTION NO. 21-52 PAGE 3 OF 4 SIGNED AND ATTESTED TO THIS DAY OF f 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 21-52 PAGE 4 OF 4 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 12, 2021 CASE NUMBERS: PA-1-21 APPLICANT: Hassle Free House Buyers, LLC, represented by Danielle Graham REQUEST: An application requesting approval of a Private Access Way ("PAW") LOCATION: The Silver Drive alignment between parcels 100-30-022F, 100-30-085A, 100-30-022E, 100-30-0860 and 100-30-022C, located south of Roundup St. between Ironwood Drive and Gold Drive. GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential ("MDR") , "RS-10M" Medium Density Single-Family Detached Residential . SURROUNDING USES: North: "RS-20M" (Medium Density Single- Family Detached Residential) Single Family Residences and "RS-GR" (General Rural Low Density Single-Family Detached Residential) Single Family Residences; South: "RS-10M" Single Family Residences East: "RS-10M" Single Family Residences West: "RS-10M" Single Family Residences BACKGROUND Prompted by a request from Hassle Free House Buyers, LLC, for the property owner of 1111 N. Silver Drive to split said property, parcel 100-30-022C, it came to staff' s attention that Case PA-1-21 October 12,2021 Planning and Zoning Commission Staff Report 1 the driveway known as Silver Drive is neither a city-approved street or a recognized easement . No private access way has ever been created here and as such the properties 100-30-085A, 100- 30-022E, and 100-30-022C (addressed as 1111, 1130, and 1108 N. Silver Drive) lack a legally created or council approved access way for ingress and egress (See attached Exhibit #4, Land Split Map) . Under these conditions, staff cannot approve of a land split, due to the requirements for legal access to every parcel being created. Historically, the eastern 15' portion of parcels 100-30-022F, 100-30-085A, and 100-30-022E, (the properties addressed as 1521 W. Roundup St. , 1130 and 1108 N. Silver Drive, respectively) and the western 15' portion of parcels 100-30-0860 and 100-30-022C, (the properties addressed as 1547 W. Roundup St. and 1111 N. Silver Drive, respectively) has been utilized as a common driveway. (See Exhibit #2 Aerial Map) Case PA-1-21 October 12,2021 Planning and Zoning Commission Staff Report PROPOSALS Due to this issue Hassle Free House Buyers, LLC, represented by Danielle Graham, has applied for the creation of a private access way in the unofficial street known as Silver Drive. As noted on the attached Land Split Map for P-21-33-LSM (Exhibit #4) , the location of the proposed private access way is shared across the five involved properties, specifically the eastern 15' of parcels 100-30-022F, 100-30-085A, and 100-30-022E, and the western 15' of parcels 100-30-0860 and 100-30-022C, including the two parcels to be created through the north-south split of 100-30-022C in lot split case P-21-33-LSM. Earlier this year, the applicant and the property owners of the above indicated parcels entered into ingress/egress easement agreements allowing access on the specified 15' wide portions of their properties, but as these agreements do not guarantee continual access for all related parties or future owners . Furthermore, the city' s zoning ordinance, Section 1-7-6 Private Street Standards (attached as Exhibit #5) requires council approval of a private access way or street, subject to a recommendation from the Planning and Zoning Commission. PLANNING STAFF ANALYSIS Relationship to General Plan: There are no General Plan issues with the creation of the Private Access Way or the subsequent land split that motivates the request. Zoning/Site Context: Each parcel involved is zoned RS-10M, which has a minimum net lot size of 10, 000 square feet. In every case, the dedication of the 15' portion of the property used for the PAW will not result in a smaller net parcel or create a new setback issue for the existing homes . Evaluation of the Private Access Way Request: Section 1-7-6 Private Street Standards of the Apache Junction Zoning Ordinance (attached as Exhibit #5) establishes certain standards and improvement-related criteria for the Commission to consider when evaluating a PAW. Staff' s analysis (in gray tone) of said criteria with regard to this request, is as follows : Case PA-1-21 October 12,2021 Planning and Zoning Commission Staff Report 3 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 the intersections or a minimum turning radius of 20 feet . Narrower private streets may be permitted subject to City Council review and approval . The width of the proposed PAW is 30' from end to end,;; exceeding the required 'width of 281 . Pavement requirements'' are noted below. 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 . Staff believes that the proposed private access way is logically consistent with the needs of this neighborhood.' Silver Drive does not have a through way anywhere in the vicinity of this neighborhood and the existing driveway occurred as a way to access the lots of record (1111, 1130,', and 1108 N. Silver Drive) that otherwise lacked access. Said lots appear to have been created prior to the city adopting standards for the creation of private streets . As these parcels have a need to secure a proper means of legal' access, this proposal qualifies '. 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 . Alternate paving surfaces may be permitted by the Development Services Engineer; The existing driveway has been cleared and appears; to utilize; some decomposed granite, but is otherwise unimproved. Full street improvements do not appear necessary, however. Although PAW requests are 'very rare, the City Council has never required full street improvements as !part of a PAW request. In the past,; Council has looked at improvements in the surrounding Case PA-1-21 October 12,2021 Planning and Zoning Commission Staff Report 4 area and required similar or lesser improvements for a PAW. In this case, staff recommends a condition to require the installation of a double chip seal surface in the PAW to the edge of the existing street surface of W Roundup St. Alternate stabilization options approved by the Development Services Engineer may also be accepted, 2 . Other requirements may be imposed by the Council for vehicular and pedestrian safety, utilities and emergency vehlcle access; There do not appear to be any concerns regarding pedestrian and vehicular' safety. Staff has recommended' a condition that emergency vehicles and utility service providers will be allowed access to the PAW. 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; Staff does not believe that a public street would 'better serve this property or public interest. There is no Federally Patented Easement reserving any roadway rights for this portion of the properties and so obtaining the necessary right--of-way to make this section a ,public street would become an unnecessary cost to the city for very little benefit to the surrounding community. 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; Staff believes that the code affords the Council and the city' s engineers a degree of discretion over how and to what extent to apply these requirements. As long as the improvements made receive the city engineer' s ;approval Case PA-1-21 October 12,2021 Planning and Zoning Commission Staff Report 5 staff believes this condition may be adequately met. 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 homeowners 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. Staff will recommend a condition which requires and specifies the continued maintenance and upkeep of the PAW shall be the responsibility of the property owners which benefit from it. PLANNING STAFF RECOMMENDATION In accordance with the staff analysis provided above, planning staff recommends the approval of the request to create a Private Access Way, subject to the conditions listed under the recommended motion below. 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 P1-1- 21, a request for a Private Access Way by Hassle Free House Buyers, LLC, represented by Danielle Graham, to serve existing and proposed properties pursuant to proposed land split case P- 21-33-LSM, subject to the following conditions of approval : 1 . The property owner shall finalize land split map P-21-33- LSM and shall, within one year, record deeds for the new properties approved by P-21-33-LSM. 2 . The applicant in case PA-1-21 shall improve the PAW with a double chip seal treatment (or other approved surface and dust control treatment by the Development Services Engineer) to the edge of the W. Roundup Street improvements, to be approved and inspected by the city' s Development Services and Public Works Engineers, including the securing of any necessary permits to do work in the city' s right-of-way on W. Roundup Street . Case PA-1-21 October 12,2021 Planning and Zoning Commission Staff Report 6 3 . The property owner shall separately prepare any necessary Easement for Perpetual Right of Ingress and Egress deeds which memorialize the council ' s approval of case PA-1-21; and which grant right of access to present and future owners of the involved properties described: parcels 100- 30-022F, 100-30-085A, 100-30-022E, 100-30-0860 and 100-30- 022C, including the two parcels to be created through the north-south split of 100-30-022C in lot split case P-21-33- LSM; and which also grant right of access to emergency and non-emergency city personnel and utility providers; and which require that the perpetual maintenance and upkeep of the PAW approved by PA-1-21 is the responsibility of the property owners which benefit from it . 4 . Approval of this PAW is exclusively for the properties described herein, current parcels 100-30-022F, 100-30-085A, 100-30-022E, 100-30-0860 and 100-30-022C, including the two parcels to be created through the north-south split of 100- 30-022C in lot split case P-21-33-LSM. No other splits or easements shall be created on these properties without first receiving the necessary administrative or city council approvals . Any documents which may have been recorded in contravention to the city' s requirements and processes shall be eradicated by the appropriate parties . 5 . All conditions of this PA-1-21 approval shall be satisfied and complied with within one year of the approval date of PA-1-21 . 6 . Proper building permits shall be obtained and inspections and approvals received for any building, electrical, plumbing, remodeling and/or other property improvements, as necessary. Prepared by Nicholas Leftwich Associate Planner Attachments: Exhibit #1 - PA-1-21 Petition for PAW Creation Exhibit #2 - PA-1-21 Aerial Map Exhibit #3 - PA-1-21 Zoning Map Exhibit #4 - P-21-33-LSM Proposed Land Split Map Exhibit #5 - Zoning Ordinance Section 1-7-6 Private Street Standards Case PA-1-21 October 12,2021 Planning and Zoning Commission Staff Report 7 Phone:480.225.8689 15831 S.33'Place Facsimile: 866.913.8504 Attorney at Law Phoenix,AZ 85048 Email:dkg@dkgrahamlaw.com www.dkgrahamlaw.com June 23, 2021 SENT BY ELECTRONIC MAIL Larry Kirch Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 lkirch@apachejunctionaz.gov Re: Petition for Private Access Way Dear. Mr. Kirch, I represent Hassle Free House Buyers,LLC. This letter is to petition the Apache Junction City Council to approve a private access way concerning real property owned by my client and located at 1111 N. Silver Dr., Apache Junction, AZ 85120. The private access way is being requested in order to obtain a lot split for which an application was submitted on or about April 8, 2021,through the My Government Online portal. If I can provide any additional information,including copies of the survey,deeds and maps submitted through the portal, please let me know. Best Regards, Aa 4* Graham cc: Nicholas Leftwich nleftwich@apachejunctionaz.gov ' Jim .......................... ........ 141 ........ ....... ....... ........ N .................. 1102 ............... LEGEND City of Apache Juncti Parcels Right-of-way Street Names .1 Public Easement SR24 Right-of-way N Municipal Boundary CITY 0 F APACH E JU N CTI ON Dedicated Right-of-way Utility Easement State Land Sold ,k 13Apache Junction PINAL COUNTY Vacated Right-of-way 77 Unknown Pinal County Addresses Federal Patent Easement OState Land Annexation October 6, 2021 C3County Boundary fflg- Extinguished Federal Patent Easement 0 0.01 0.02 Mi a)ntent maintained Ly the A p ache Junction GIS Div ision "IN'S1, ""A 3 IMO .......... ........ .. ........ ........... MINE r, ME I 111"",'01 &W��gn '011,91, vs......... ....... 14 Mffi", .1"','gos"N ff M 01 H "!Z NO 1,11, § ....... LEGEND City of Apache Junction Street Names Parcels Right-of-way CITY 0 F APACH E JU N CTI ON Dedicated Right-of-way Public Easement N Municipal Boundary Utility Easement 13Apache Junction PINAL COUNTY Vacated Right-of-way Unknown Pinal County Addresses Federal Patent Easement October 6, 2021 0 0.01 0.02 C3 County Boundary Extinguished Federal Patent Easement Content maiMained Ly the Apache Junction GIS Div ision IRONWOOD DR, .-. �.... Nfl'64°Si,W 2641.73° -.- a en .® a>w }: P320,87' as n _, cn can nmam h � ® a NO'04'53'W 464.98' -. „,. NO"04'S3 W..164.99` 82,49' '" 4` 82,49` } SILVER DR, i w 0 prni 'i ran 4 m Z ,m y. ^q f+l rsy a LA am P am `� S7,fl ro naz ... am E o 2 7 am • n zz = o m n xr 20,9': � rn .. a 82,r6` ... ! 8146' t �^ e 86'04'53'E 964.92' zz n Of ^r v raf a N O ts9 OO 4Y ^�u v +m.------------- p ®V Zx> C] .nZ z w y `4 x $ 0 T 0 III w C 5q? 9' Z m r G -m-r A ; JOB NO, 814-20 ri E tl�pE m m y v' c c ran sin czi G7jt `"mu' rz'n a'o.+ rfnr o c-� t*�i m > �r A rs z 9 z rn > o -' vi z r g < �y w r'3 m a'a a o z Cl 4Y i W T V O f*t tir '� 0} Rt w T Z -. zooA TV, a AYE 'MA(C(yyP 'O L mmclo- ff9 . APAC H E JUNCTION LAND S89'53'41"E 2641.43' SPLIT MAP P-21 -33-LSM LOCATED IN A PORTION CENTER SECTION 17, THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 8 EAST WEST 1/4 SECTION 17,FND BCHH FND 1" ROD OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PINAL COUNTY, ARIZONA o (APN 100-30-022C) 6 N M DEDICATED PER RECORDING DOCUMENT NO. 1554-990 P.C.R. S89'5456"E 330.19' CO a ROUNDUP ST. 15' INGRESS/EGRESS LEGEND EASEMENT IN FEE NO CERTIFICATION OF APPROVAL: 2021-028518 P.C.R. Q FOUND 1/2" BAR AS NOTED PARCEL ONE PARCEL TWO THIS IS TO CERTIFY THAT THIS MAP COMPLIES WITH PER BK 2, • BRASS CAP FLUSH—BCF THE REQUIREMENTS OF THE CITY OF APACHE JUNCTION; APN 100-30-022F PG7 BK P.C.R. PG 77 P.C.R. ' (0 C) FEE NUMBER FEE NUMBER BRASS CAP IN HAND HOLE—BCHH AND THAT THIS LAND SPLIT MAP IS HEREBY APPROVED 1989-008516 ON TH I S Iy 1989-008516 SET 1/2" REBAR OR NAIL WITH TAG 3 J APN 100-30-0860 APN 100-30-0870 FND FOUND DAY OF 2021 o — (C) CALCULATED 0 (n Z (M) MEASURED (R) RECORDED BY: 15' INGRESS/EGRESS EASEMENT P.C.R. PINAL COUNTY RECORDS DEVELOPMENT SERVICES DIRECTOR IN FEE NO. 2021-02851 3 P.C.R. PG PAGE FND 1/2" BAR BK BOOK �. S89'56'12"E 165.10' LS 21773 NO. NUMBER R/W RIGHT OF WAY Q15' INGRESS/EGRESS 00 r / LOTH ---�i DRAINAGE FLOW EASEMENT IN FEE NO 13,617 S.F. �--" " CHAIN LINK FENCE �] 2021-013696 P.C.R. 0.3126 ACRES+/- O PROPERTY O 3�: N `� APN 100-30-022K - CENTERLINE to 00 15' EASEMENT IN DOCKET 000 04 Z APN 100-30-085A 1662, PAGE 766 P.C.R. — — EASEMENT O o (NOT PERMITTED BY THE - NOTE: NOT ALL SYMBOLS WILL APPEAR IN DRAWING z CITY OF APACHE JUNCTION) FND 1/2" BAR LS 21773 �— S89'56'50"E 165.10' 22.7' N LOT B 3 13,617 S.F. N rn 0.3126 ACRES+/- Itn 15' INGRESS/EGRESS co o EASEMENT IN FEE NO.—..... 40.8 0 2021-028514 P.C.R. z CARPORT SURVEYOR'S CERTIFICATE: EXISTING 68.4' SHED � APN 100-30-022L THIS IS TO CERTIFY THAT THE SURVEY AND THE MAP OF THE DIVISION OF LAND DESCRIBED APN 100-30-022EL EXISTING N 0 HEREIN WAS ACCURATELY DONE UNDER MY DIRECTION AND THAT ALL LOTS ARE STAKED OR HOUSE m WILL BE STAKED AND ALL MONUMENTS ARE SET OR WILL BE SET WITHIN 90 DAYS AFTER RECORDATION 00 PORCH 112.4' N — p a, FND 1/2" BAR SIGNATURE DATE i I o i i LS 16588 --_ N 34711 — -- —e--�—� _ REGISTRATION NO. S89'57'28"E 165.10' APN 100-30-0890 ��p LAND SG 0 ��\FiCgTF �G Fiahart N �� do �� APACHE JUNCTION 34711 Brothers SW CORNER SECTION 17, JEFFREY M. LAND SPLIT MAP FND 40D NAIL ao a FLAHART Companies, inc.Z P-21-33-LSM �S� ned 0$'1�. 9R�ZorvA �SP. 1747 N. Acacia m ' Mesa, Arizona 85213 (602) 376-8630 DRA WN: DA TE. CHECKED: SHEET.• IMF 8111121 IMF 1 OF 2 § 1-7-G PRIVATE STREET STANDARDS. (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 bu permitted subject tu 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 deve{opmenta, subdivisions or with CUPa. (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 n*gu|ahnno. if applicable. CuMba, guUera, 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 nf private streets ioa 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 Stall Width Curb Length Stall Depth One-Way Aisle Two-Way Aisle Parking Per Stall Width Width kervth �� Lhpth City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 21-664 Sponsor: Bryant Powell Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Direction to staff on the city's position and any instructions relating to the negotiations for the sale or lease of 978 E. Roosevelt Street, Apache Junction AZ. City of Apache Junction,Arizona Page 1 Printed on 1111012021 City of Apache Junction INVITATION FOR BIDS VACANT LAND SALE PURSUANT TO A.R.S. § 9-402 (B), THIS INVITATION FOR BIDS ("IFB") IS BEING ADVERTISED FOR THE PURCHASE OF VACANT LAND owned by the City of Apache Junction, Arizona ("City") located at 978 E. Roosevelt Street, Apache Junction, Arizona, Pinal County Assessor Parcel Number 101-18-0340, comprised of approximately 2.2 acres of Residential Single Family General Rural ("RS-GR") zoned property with horse privileges. The parcel is being sold "as-is, where-is." A pre-bid site walk will be held at the property on Tuesday, August 31, 2021 at 8:00 AM. In order to register as a vendor, use and select the Institute for Public Procurement classification code #998-84 once registered bid information and requirements can be accessed using the above link. There is a minimum required bid of $270,000 but the City anticipates a competitive response with higher bids being offered. The highest bidder with the most advantageous terms for the City will be awarded the bid. The successful bidder shall execute a purchase agreement (a copy of which is attached to the proposal form) within 15 calendar days after the City issues a Notice of Award ("NOA"). A certified check made payable to the "City of Apache Junction" for 10% bid security must accompany the bid submission. Should the successful bidder not execute the purchase agreement within the allotted timeframe, the 10% bid security will be forfeited to the City. Closing shall occur within 45 calendar days after the City issues the NOA at which time the full purchase price must be paid. The City will reject any bid that is not received by the bid deadline noted below, does not have the required 10% bid security in the form of a certified check, or does not meet the minimum required bid of $270,000. In addition, the City reserves the right, in its sole discretion, to reject any and all bids in accordance with the best interests of the City. The 10% bid security will be returned to the unsuccessful bidders no later than 30 calendar days after bid opening. A self-addressed, postage pre-paid envelope must accompany all bids. Sealed bids in an envelope must be conspicuously marked on the front of the envelope in black lettering as: "978 E. Roosevelt Street Sale" and must contain one signed original and one duplicate copy of the bid, which all shall be submitted to the city clerk's office located at 300 E. Superstition Blvd., Apache Junction, AZ 85119, no later than October 26, 2021 at 2:00 PM, Arizona Standard Time. Any bids received after this time will be rejected and returned unopened. Pursuant to A.R.S. § 39-204 (B)(2), this IFB will be posted in three public locations, on the City's website and will be advertised in the Arizona Republic on: August 19, 20, 21, and 22, 2021. Publish the 19th, 20th, 21st, and 22nd days of August, 2021 . INVITATION FOR BIDS The City of Apache Junction ("City") will accept bids for the sale of City-owned vacant land pursuant to A.R.S. § 9-402 (B). Once registered with the City as a vendor, using the Institute for Public Procurement classification code #998-84, the bid information and requirements can be accessed online at www.gpachejunctionaz.gov/825/purchasiniz with other available information set forth on the below noted links. Failure of the bidder to complete all of the bid documents may result in rejection of the bid proposal. Pursuant to A.R.S. § 39-204 (B)(2), this Invitation For Bids ("IFB") is posted in three public locations and on the City's website, and is advertised four consecutive times in the Arizona Republic on: August 1.9, 20, 21, and 22, 2021. PROJECT DESCRIPTION This IFB consists of the sale of City-owned real property located at 978 E. Roosevelt Street in Apache Junction, Pinal County, Arizona, Pinal County Assessor Parcel Number 101-18-0340, comprised of approximately 2.2 acres (depicted in Attachment A) of Residential Single Family General Rural ("RS-GR") zoned property with horse privileges. The parcel is being sold "as-is, where-is." OBJECTIVE City is seeking to sell the land for residential development. Although it cannot be subdivided under the current RS-GR zoning designation (1.25 acre minimum lot size), after the sale is completed, the City will entertain an owner-initiated rezoning application requesting the land be split into two or three lots to maximize the value. A rezoning application must be filed with the City's planning division to start the process. BID PROPOSALS Sealed bids in an envelope containing the bid must be conspicuously marked on the front of the envelope in black lettering as: "978 E. Roosevelt Street Sale" and must contain one signed original and one duplicate copy of the bid which shall all be submitted to the city clerk's office located at 300 E. Superstition Blvd., Apache Junction, AZ, 85119, no later than October 26, 2021 at 2:00 PM, Arizona Standard Time. Bids received after this time will be rejected and returned unopened. After this deadline, timely submitted bids will be opened, recorded and kept confidential until the matter is considered by the mayor and city council at a public meeting for issuance of a notice of award ("NOA") of bid. A minimum required bid amount of$270,000 has been set but the City anticipates a competitive response with higher bids being offered. The bid will be awarded to the highest bidder who provides the most advantageous terms for the City. The successful bidder shall execute a purchase agreement with the City (see Attachment B) within 15 calendar days after City issues a NOA. A certified check made payable to "City of Apache Junction" for 10% bid security must accompany the bid submission. Should the successful bidder not execute the purchase agreement within the allotted timeframe, the 10% bid security will be forfeited to City and the City may move on to the next highest bidder with the most advantageous terms for the City. 1 Closing shall occur within 45 calendar days after City issues a NOA and the full purchase price must be paid by such date. City will reject any bid that is not received by the bid submission deadline, does not have the required 1.0% bid security in the form of a certified check, or does not meet at least the minimum bid offering of$270,000. In addition, City reserves the right, in its sole discretion, to reject any and all bids in accordance with the best interests of City. The 10% bid security will be returned to the unsuccessful bidders no later than 30 calendar days after bid opening. A self-addressed, postage pre-paid envelope must accompany all bids. City will conduct a pre-bid site inspection on August 31, 2021 at 8:00 AM. Interested bidders should meet at the site. Individuals with special accessibility needs, may contact City's ADA Coordinator at (480) 474- 851.3, or e-mail to adacoord@apachejunctionaz.gov at least 72 hours prior to the site inspection. Correspondence, questions, and/or clarifications of the bidding procedure should be directed to: Heather Hodgman, Administrative Services Manager, at (480) 474-8500, or e-mail at hho Xmar�{a,a achejunctionaz, oovv. BACKGROUND INFORMATION ON THE PROPERTY Other information about the property and associated public meeting discussions can be found on the following links: 1)Planning and Zoning Commission public discussion relating to rezoning: 7/23/2019 http://aDacheiunction.uanicus.com/ la er/cli /1571 11/20/2020 htt :1/apachjunction. ranicus.comlpla�er/clita/1790 12/8/2020 htt ://a ache°unction. ranicus.coml la er/cli /1806 2)City Council public discussion relating to rezoning: 12/1/2020 htt�:/lapaclzejunctionA�ranicus,corn/�la e�p/1802 1/19/2021 htt ://a achejunctions ranicus,com/ la er/cli /1854 2/2/2021 http://ataachejunctiona�ranicusacoml�la r�1ip/1864 2 Zoning Map x.html?id=05 I abe6845f64b53b7 afd690c55c6I8e FEMA Map x.html?id=24ef'98aeb98741 lb9e 2d54a3dd071b26 Apache Junction City Code Volume 11, Land Development Code, Chapter 1: Zoning Ordinance che az ldc/0-060-17136 Apache Junction City Code Volume 11, Land Development Code, Chapter 2: Subdivision and Minor Land Division Regulations che az ldc/0-0-0-19318 3 INSTRUCTIONS TO BIDDERS Submit one signed original and one duplicate copy of the bid which shall be sealed and filed at the time and place indicated in the IFB. Bidders must adhere to the following: 1. Complete the Bid Statement to include: a. The name, address, phone number, email address of the bidder or entity name if a corporation. b. Bid amount in U.S. dollars and cents. BID SECURITY The bid guarantee shall be in the form of a certified check payable to the "City of Apache Junction" for ten (10%) percent of the amount of the bid. No substitution or other form of bid guarantee will be allowed. Bidder shall include a self-addressed,postage pre-paid envelope. AWARD OF THE CONTRACT City reserves the right to reject any and all bids. City further reserves the right to waive any informality or irregularities in the bidding process. The bidder recognizes the right of City to reject a bid if the bidder fails to furnish the data required by the bidding documents or if the bid is in any way incomplete or defective. Each bidder shall be prepared to provide evidence of his/her experience, qualification, and financial ability to carry out the terms of the purchase agreement. Bid proposals may not be modified after submittal. Bidders may withdraw proposals at any time prior to bid opening, but not after the bid opening. The successful bidder will be required to execute the purchase agreement within fifteen (15) calendar days after the date the City issues the NOA. If bidder fails to execute the purchase agreement, City will consider the bidder in default, in which case the certified check accompanying the bid proposal shall be promptly cashed by City for City's unrestricted use and the bidder will not receive a refund. The closing shall be 45 calendar days from the date the City issues the NOA, at which time the full purchase price shall be paid. PROTEST PROCEDURE Bid protests shall be submitted in writing to: City Clerk, City of Apache Junction, AZ, 300 E. Superstition Boulevard, Apache Junction, AZ, 85119, within three business days (not including Fridays since City is closed on Fridays) after the City issues the NOA. Protests must contain at a minimum the name, address and telephone number of the protester, the signature of the protester or its representative and evidence of authority to sign, a detailed statement of the legal and factual grounds of the protest including copies of relevant data and the form of relief requested. 4 Within three (3) business days after receipt (not including Fridays), City, its manager or designee, will respond to the protest. City reserves the right to reject any or all bids, to waive irregularities of information in any bid, and/or to take any steps determined prudent in order to resolve the protest. 5 PROPOSAL FORM THIS BID IS SUBMITTED TO: City Clerk, 300 E. Superstition Blvd., Apache Junction, AZ 851.1.9 Sealed bids in an envelope must be conspicuously marked on the front of the envelope in black lettering as: "978 E. Roosevelt Street Sale" and must contain one signed original and one duplicate copy of the bid, which shall all be submitted to the city clerk's office located at 300 E. Superstition Blvd., Apache Junction, AZ 85119, no later than , 2021 at 2:00 PM, Arizona Standard Time. 1. The undersigned bidder proposes and agrees, if this bid is accepted, to enter into a purchase agreement with the City within fifteen (15) calendar days after the City issues the NOA in the form included in the bid documents for the contract price and in accordance with the other pertinent terms and conditions. 2. Bidder accepts all of the terms and conditions of the IFB and Instructions to Bidders, including without limitation, those dealing with the disposition of bid security. This bid will remain subject to acceptance for 30 calendar days after the day of bid opening. Bidder will sign and submit the purchase agreement (a copy is set forth in Attachment B) and other documents required by the bidding requirements within fifteen (15) calendar days after the City issues the NOA. 3. In submitting this bid, bidder represents, as more fully set forth in the purchase agreement, that: a. Bidder has examined copies of all of the bidding documents (receipt of which is hereby acknowledged). b. Bidder has familiarized himself/herself with the nature and extent of the purchase agreement, site, locality, and all local conditions and laws and regulations, inclusive of zoning and building codes and the general plan. C. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, survey, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site. Bidder does not believe any additional due diligence examinations, survey, investigations, explorations, tests, studies or data are necessary to submit a bid. Bidder further acknowledges access and viewing of all web links provided in the IFB was completed. e. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid. Bidder has not solicited 6 or induced any person, firm or corporation to refrain from bidding. Bidder has not sought by collusion to obtain any advantage over any other bidder or over City. 4. Bidder offers to purchase 978 E. Roosevelt Street, Apache Junction, Arizona, in accordance with the purchase agreement and will accept a warranty deed to transfer the property title from City to the successful bidder for the following price: (state both a numerical figure with value spelled out in words) 5. Bidder agrees that if it becomes the successful bidder it will execute the form purchase agreement within fifteen (15) calendar days from the date of the NOA. Closing will occur 45 calendar days from date of the NOA. 6. The required 10%bid security of the offered bid price is included in this submittal. SUBMITTAL CHECK LIST ❑ COMPLETED PROPOSAL FORM ❑ CASHIER'S CHECK FOR 10% BID SECURITY 7 SUBMITTAL ACKNOWLEDGMENT This bid is being submitted in good faith pursuant to the above statements and listed purchase price. If bidder is: An Individual By(Signature of Individual): Typed or Printed Name of Individual: doing business as: Business Address: Email Addresss: Phone Number: Date: Time: A Partnership By(Firm's Name): Signature of General Partner: Typed or Printed Name of General Partner: Business Address: Email Address: Phone Number: Date: Time: 8 A Corporation By(Corporation's Name): (Affix Seal) State of Incorporation: Signature of Authorized Signer: Typed or Printed Name of Authorized Signer: Business Address: Email Address: Phone Number: Date: Time: 9 ATTACHMENT A [Aerial Exhibit] It i t ��{3xs i s+$��s}5�� I tt�iKjt�tii111I1�`��'xf J t t't' rs P€ t, � t t i 7 3z i t<� }S {t tilts+i}t yt�z4z}� y� �f1Y tzim ty r#it t ttz y }z�y��'(l},SZt ltU�"I7f'#�i7'}�fx'f z �ka'•, #'�#U rf �£_ } }, ��F�l�d,}�dtn 42§t}tt tt3�l r t��y��f# �ka?�tt �� , 1f111E767s.► #7 �fth t14,� #jt f kt tt � v ;� t{{t..r?�:.� {s"'Y��'Y t}r+J+F�Ft ,.;,,It � ��, �'••�2��+��S �»?. ff � ;t }}tt{S tiStf}s{Ir a t l: 101180340 rs # �� P S�'4j$ty� { ➢ ,��. •fX�3�!' #�� t�#�� .y�� A +"t 311x`� >ti{r:�)�f1�t17 t u 0 ISC LA III ER;TiiiseAth:WaSPMd We dWiE0itt*tetit gtaitsds4tityardItrot NIB rded rep*sertosr Uty doormen of ary kind. iitIars sisr it to* are Las' „u�i��+�� a� +�'� C Qf A 3, �.Il.Tctick amOxina' .PaP+a 1Hit$Si•0wi ieiterareaprcgImate „. and Mai+ rOt re cur(, exact PCs Mit Ot a 19 rm t rtof sim r v nat EZ-1-1 ndal �whi t Pane l ices, twway ce tur hies,or eartme it likes, LEGEND wcx titviedt Site Parcels a9srsan � `. Is July 17, Q1 i 50 Mitt 2DO Feet ATTACHMENT B [Purchase Agreement] PURCHASE AND SALE AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND FOR 978 E. ROOSEVELT STREET THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made effective as of the day of 1 20_, by and between the City of Apache Junction, an Arizona municipal corporation ("Seller"), and ("Buyer") collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Seller is the owner of that certain parcel of real property situated in the County of Pinal, State of Arizona, legally described and depicted in Exhibit A attached hereto, commonly known as 978 E. Roosevelt Street, Apache Junction, AZ, 85119 (Pinal County Assessor Parcel # 10 1-18-0340) (the "Property"). B. Seller is willing to sell to Buyer, and Buyer is willing to purchase from Seller, the Property,pursuant to the terms, provisions and conditions contained herein. C. Clear Title located at 1075 South Idaho Road, Suite 106 B, Apache Junction, AZ, 85119, will provide title and escrow services ("Escrow Company"). AGREEMENT NOW THEREFORE, in consideration of the foregoing, and of the terms, conditions and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Agreement of Purchase and Sale. At the consummation of the transaction contemplated by this Agreement (the "Closing"), subject to the terms, covenants and conditions of this Agreement, Seller shall sell to Buyer, and Buyer shall purchase from Seller, the Property together with: (i) all rights, privileges, easements and appurtenances thereto, if any, whether or not recorded, including, without limitation, all development rights, air rights, water and water rights, if any, used in connection with the Property; (ii) all ditch and ditch rights, reservoirs and reservoir rights, well and well rights, irrigation grandfathered water rights and Central Arizona Project water rights appurtenant to or used in connection with the Property; (iii) all of Seller's lease rights and rights in management or other contracts affecting or relating to the Property; and (iv) all non attorney-client privileged and confidential engineering and surveying reports, plans, surveys, drawings, specifications, development and marketing information and materials and other information relating to the Property in Seller's possession or control. 2. Purchase Price. The purchase price (the "Purchase Price") for the Property shall be $ United States Dollars. The Purchase Price shall be payable in cash, in the form of a certified check, or by wire transfer of immediately available funds at the Closing. 3. Escrow and Closing Related Matters. (a) Escrow Instructions. The escrow instructions (`Escrow Instructions") of Escrow Company attached hereto as Exhibit B, together with any provisions of this Agreement applicable to Escrow Company, shall constitute the Escrow Instructions between Seller, Buyer and Escrow Company. In the event of any conflict or inconsistency between the provisions of the Escrow Instructions and this Agreement or any deed, instrument or document executed or delivered in connection with the transaction contemplated hereby, the provisions of this Agreement, or such deed, instrument or document shall control. (b) Opening and Closing. For purposes of this Agreement, the opening of escrow (the "Opening of Escrow") shall be deemed to be the date on which three (3) copies of this Agreement, executed on behalf of Buyer and Seller, are delivered to and accepted by Escrow Company. The Closing shall occur on or before , 2021. The Closing shall take place at a.m./p.m. in the office of Escrow company, or at such other time or date and location as the Parties may mutually agree. (c) Action at the Closing by Seller. At the Closing, Seller shall deliver or cause to be delivered to Escrow Company for the account of Buyer (if not otherwise delivered prior thereto) all of the following instruments dated as of the Closing, fully executed and, if appropriate, acknowledged: (i) a fully executed and acknowledged Warranty Deed to the Property in the form attached hereto as Exhibit C and made a part hereto conveying the Property to Buyer, as grantee, subject only to the Permitted Title Exceptions (as defined in Paragraph 4(a)(iv) below); (ii) an Affidavit of Property Value pertaining to the Property; (iii) a Non-Foreign Person Affidavit; and (iv) such other funds, instruments or documents as are reasonably necessary to fulfill the covenants and obligations to be performed by Seller pursuant to this Agreement. (d) Action at the Closing by Buyer. At the Closing, Buyer shall deliver or cause to be delivered to Escrow Company for the account of Seller (if not otherwise delivered prior thereto) all of the following, and with respect to any instruments or documents referred to below, with all such items being dated as of the Closing, fully executed by Buyer and, if appropriate, acknowledged: (i) all funds referred to in Paragraph 2 above necessary to pay the Purchase Price; (ii) an Affidavit of Property Value pertaining to the Property; and 2 (iii) such other funds, instruments, or documents as are reasonably necessary to fulfill the covenants and obligations to be performed by Buyer pursuant to this Agreement. (e) Closing Costs. The escrow fee payable to Escrow Company in respect of the conveyance and transfer of the Property to Buyer shall be paid by the Buyer and Seller in a 50150% split. (f) Payment of Taxes and Assessments. Property taxes, if any, based upon the latest available tax bill from the Pinal County Treasurer, shall be assumed and paid by Buyer as well as all general and special assessments and improvement district liens, if any. (g) Insurance Policy. At the Closing, Escrow Company, at Seller's cost but with a 30% discount from Escrow Company, shall deliver an extended coverage owner's policy of title or the unconditional commitment of the title insurer("Title Insurer") to issue such policy, insuring title to the Property in Buyer in the amount of the Purchase Price; the policy will be subject to the usual industry standard printed exclusions, exceptions, conditions and stipulations set forth in the printed form policy, the Permitted Title Exceptions, and such other matters approved in writing by Buyer or resulting from Buyer's actions. Buyer shall pay any cost associated with a standard coverage policy and any endorsements issued to cure any title objections that Buyer has elected to cure. 4. Feasibility; Contingencies. Buyer, and/or such person or entity as may be designated by Buyer, shall have the right, at any time prior to the Closing, or until this Agreement otherwise terminates, to examine and inspect the Property in accordance with the terms hereof. The obligation of Buyer to purchase the Property from Seller is contingent upon the satisfaction of each of the following conditions (each a "Contingency" and, collectively, the "Contingencies")within the time periods provided. (a) Title Review. (i) Original Report. Promptly following the Opening of Escrow, Escrow Company shall provide Buyer and Seller with a current preliminary title report (the "Title Report"), together with legible copies of all instruments of record referred to on Schedule B thereof. If Buyer, in its sole and absolute discretion, fails to approve or disapprove the Title Report by giving written notice of the satisfaction of this Contingency to Seller and Escrow Company on or before the Feasibility Expiration Date, then: (i) this Contingency shall be deemed automatically and without further act not to have been satisfied; (ii) this Agreement shall be deemed terminated; and(iii) neither Party shall have any rights as against the other(except for those obligations of insurance and indemnity that are expressly stated to survive the termination of this Agreement). (ii) Amended Reports. If Escrow Company subsequently issues any amendment to the Title Report (an "Amended Report") disclosing any additional title matters or modifications to the previously disclosed title matters, then Buyer shall be entitled to object to any such matter disclosed on the Amended Report by delivering written notice of such objection to Seller and Escrow Company on or before ten (10) business days after Escrow Company has 3 delivered to Buyer the Amended Report together with copies of all recorded documents disclosed for the first time in the Amended Report (the "Amendment Objection Date"). If Buyer, in its sole and absolute discretion, fails to approve or disapprove the Amended Report by giving written notice of the satisfaction of this Contingency to Seller and Escrow Company on or before the Amendment Objection Date, then: (i) this Contingency shall be deemed automatically and without further act not to have been satisfied; (ii) this Agreement shall be deemed terminated; and (iii) neither Party shall have any rights as against the other (except for those obligations of insurance and indemnity that are expressly stated to survive the termination of this Agreement). (iii) Buyer's Objection; Seller's Cure. If Buyer timely delivers a notice specifying in reasonable detail its objection to any matter(s) contained in the Title Report or any Amended Report, Seller may, but shall not be obligated to, attempt to cure the matter(s) objected to by Buyer. If Seller elects to attempt to cure Buyer's objections, Seller shall notify Buyer of such election within ten (10) calendar days following Seller's receipt of Buyer's objection. If Seller fails to so notify Buyer within such ten (10) calendar day period, Seller shall be deemed to have elected not to attempt to cure Buyer's objections. If Seller notifies Buyer and Escrow Company of its unwillingness, or inability, to cure such objections or fails to elect to cure such objections, then Buyer shall, within five (5) business days following receipt of such notice, or within five(5) business days after Seller's deemed election not to cure, as applicable, elect to either: (i) waive the matters previously objected to by delivering written notice to Seller and Escrow Company and thereafter close the transaction contemplated hereby in accordance with the terms hereof, taking title subject to all such matters waived by Buyer; or (ii) terminate this Agreement as provided in Paragraph 5(c) below. If Seller attempts to cure the matters objected to by Buyer, but Seller is unable to cure such matters to Buyer's reasonable satisfaction prior to the date that is ten (10) calendar days prior to the Closing, Buyer may then elect to either: (i) waive the matters previously objected to by delivering written notice to Seller and Escrow Company and thereafter close the transaction, taking title subject to all matters waived by Buyer; or (ii) terminate this Agreement and the escrow by written notice to Seller and Escrow Company delivered by 5:00 p.m., Arizona time, on the date that is one (1) business day prior to the Closing, whereupon this Agreement shall terminate, and thereafter (unless otherwise provided in this Agreement) neither Party shall have any further obligations or liabilities under this Agreement. Notwithstanding the foregoing, Seller shall be obligated to convey title to the Property free and clear of all monetary liens and encumbrances, and Escrow Company shall be authorized to utilize all or any portion of the sales proceeds payable to Seller to satisfy any such monetary liens or encumbrances. Additionally, Seller shall, at or before the Closing, cause to be removed any other title matters objected to by Buyer which were caused or created by Seller (through its acts or omissions) following the Opening of Escrow. All matters affecting title to the Property disclosed on the Title Report and approved by Buyer, or disclosed on any Amended Report and approved by Buyer (as defined in Paragraph 29 below), shall collectively be referred to as the "Permitted Title Exceptions." (b) Feasibility; Environmental Tests. At any time until the Closing or until this Agreement otherwise terminates, Seller grants to Buyer, its designees and their respective engineers, consultants and agents, a non-exclusive license to go upon the Property for the purpose of making appropriate inspections and conducting, at Buyer's sole cost and expense, appropriate feasibility studies with respect to the Property. Such inspections, soils and asbestos 4 tests and feasibility studies shall be performed so as not to cause any disruption of Seller's work, if any, on the Property. If Buyer conducts any test or inspections of or on the Property, then upon termination of this Agreement, Buyer shall cause the Property to be returned to the condition that existed prior to Buyer's entry. (i) Condition of Property; Delivery and Redelivery of Reports and Studies. The Property, and any improvements located in or on the Property, will be conveyed by Seller to Buyer in their"as-is" and"where-as" condition, with no representations or warranties of any nature whatsoever (except as otherwise specifically set forth herein). To assist Buyer with its due diligence efforts, Seller shall provide to Buyer all non attorney-client privileged and confidential engineering reports, studies, surveys, site plans, soils and drainage reports, and all environmental studies pertaining to the Property that Seller has in its possession or are existing and reasonably available to Seller as of Opening of Escrow. If Buyer elects not to close this transaction and escrow for any reason whatsoever (including a default by Buyer but excluding a default by Seller), then all inspections, reports, studies, tests, surveys and analyses either delivered by Seller to Buyer shall be returned by Buyer to Seller. (ii) Buyer's Objection. If Buyer, in its sole and absolute discretion, fails to approve or disapprove the results of its feasibility studies by giving written notice of the satisfaction of this Contingency to Seller and Escrow Company on or before the Feasibility Expiration Date, then: (i) this Contingency shall be deemed automatically and without further act not to have been satisfied; (ii) Escrow Company shall return to Buyer its First Deposit; (iii) this Agreement shall be deemed terminated; and (iv) neither Party shall have any rights as against the other(except for those obligations of insurance and indemnity that are expressly stated to survive the termination of this Agreement). If this Contingency is satisfied or deemed satisfied and Buyer elects to proceed with the Closing, Buyer shall be deemed to be satisfied with all matters relating to the Property, the conditions of the Property and all matters relating to Buyer's use and ownership of the Property, except for those matters expressly addressed by Seller's representations and warranties set forth herein. This provision shall survive the Close of Escrow and the recording of the Deed. (c) Termination of Agreement. If either Buyer or Seller is granted the right to terminate this Agreement in accordance with any provisions of this Agreement, such Party shall exercise such right by delivering written notice to the other Party and to Escrow Company indicating both its election to terminate and the specific provision pursuant to which it is making that election. 5. Hold-Over Period. Seller shall deliver possession of the Property to Buyer no later than thirty (30) calendar days after the Closing (the "Hold-Over Period") and subject to the Permitted Title Exceptions. In addition, during such thirty (30) calendar day Hold-Over Period, Seller shall be liable for any and all property damage to the structure, shall not file any claim or lawsuit against the Buyer for any injuries suffered on the Property during the Hold-Over Period. 6. Representations and Warranties of Buyer. Buyer acknowledges, represents, warrants and covenants to Seller that the following are true as of the Agreement Date and will be true as of the Closing, and in entering into this Agreement Seller is relying upon, the following: 5 (a) Due Organization, etc. Buyer, if a corporate entity, is duly organized, validly existing and in good standing under the laws of the State of Arizona and is qualified to do business in the State of Arizona. Buyer has taken all necessary action to authorize the transaction contemplated by this Agreement and Buyer's execution and delivery of all documents required herein, and its performance hereunder. Buyer's execution and delivery of this Agreement, and the consummation of the transaction contemplated hereby, will not result in any violation of, or default under, any term or provision of any agreement, instrument, mortgage, loan agreement or similar document to which Buyer is a Party or by which Buyer is bound. Buyer further represents that it is not a partner or joint venturer with Seller in connection with. the transaction contemplated by this Agreement, and that it is entering into this Agreement and any other contract, instrument and document contemplated hereby, voluntarily and solely for its own profit and benefit. (b) No Litigation. There is no litigation, investigation or proceeding pending or, to the best of Buyer's knowledge, contemplated or threatened against Buyer which would impair or adversely affect Buyer's ability to perform its obligations under this Agreement or any other instrument or document related hereto. 7. Representations and Warranties of Seller. Seller acknowledges, represents, warrants and covenants to Buyer that the following are true as of the Agreement Date and will be true as of the Closing, and in entering into this Agreement Buyer is relying upon, the following: (a) Title; Authority; No Conflict. Seller is the sole owner of fee simple title to the Property, and has the authority and power to convey the Property to Buyer in accordance with the provisions of this Agreement. If Seller is aware of any matter that may affect title to the Property that is not disclosed in the Title Report, Seller shall promptly notify Buyer and Escrow Company of all such matters. Seller is validly existing and in good standing under the laws of the state of its organization. Seller has taken all necessary action to authorize the transaction contemplated by this Agreement and its execution and delivery of this Agreement and all documents required herein and its performance hereunder. The execution and delivery of this Agreement and any other document required herein, and the consummation of the transactions contemplated hereby and thereby, will not result in any violation of, or default under, any term or provision of any agreement, instrument, mortgage, loan, or similar documents to which Seller is a Party or by which Seller is bound. Seller further represents that it is not a partner or joint venturer with Buyer in connection with the transactions contemplated by this Agreement, and that it is entering into this Agreement and any other contract, instrument and document contemplated hereby, voluntarily and solely for its own profit and benefit. (b) No Litigation. Seller has not received notice of any threatened or pending suits, legal actions or other proceedings by any governmental authority, or any other person or entity, or otherwise, for the taking of all or any part of the Property or which alleges any violation by Seller of any applicable laws, rules or regulations of any federal, state or local. governmental authority pertaining to the Property. If Seller becomes aware of any of the foregoing (whether arising before or after the date hereof) after the date hereof, but prior to Closing, Seller shall give prompt written notice thereof to Buyer prior to Closing. 6 (c) No Bankruptcy. There are no attachments, levies, executions, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any other debtor relief actions contemplated by Seller or filed by Seller, or to Seller's knowledge, pending in any current judicial or administrative proceeding against Seller. (d) Foreign Person. Seller is not a Foreign Person as such term is defined under § 1445 of the Internal Revenue Code. (e) No Condemnation. To the best of Seller's knowledge, there are no existing, pending or anticipated condemnation or similar proceedings against or involving the Property. (f) No Agreements or Title Defects. To Seller's knowledge, there are no unrecorded agreements, commitments or understandings pursuant to which Seller or its successors in interest (including Buyer) are required to dedicate any part of the Property or to grant any easement, right-of-way, road or license for ingress and egress or other use in respect to any part of the Property. No person has any option, right of first refusal, lease, easement, license or other right whatsoever with respect to the Property other than as described in a document recorded in the official records of Pinal County, Arizona. Throughout the term of this Agreement, Seller shall not cause or permit any mortgage, deed of trust, lien, encumbrance, covenant, condition, restriction, assessment, easement, right-of-way, obligation, encroachment or liability whatsoever, to be placed of record, affect the title insurance to be given Buyer pursuant to this Agreement or otherwise exist, from the date of this Agreement to the date of termination of this Agreement, excepting, however, such title exceptions as are specifically approved in writing by Buyer. Throughout the term of this Agreement, and except as otherwise provided in this Agreement, Seller shall not, without the prior written consent of Buyer, grant to any third Party any rights in or relating to the Property. Notwithstanding the foregoing, nothing in this representation shall be deemed to include, cover, or be applicable to any matter done or undertaken by Buyer or any of Buyer's representatives. (g) No Undisclosed Assessments. To the best of Seller's knowledge, there are no taxes, assessments (special, general or otherwise) or bonds of any nature affecting the Property, or any portion thereof, except as may be disclosed in the Title Report or any Amended Report and in Paragraph 3(f) above. Seller has no understanding or agreement with any taxing authority respecting the imposition or deferment of any taxes or assessments respecting the Property. Seller has no knowledge of any planned public improvement that might result in a special assessment being levied against the Property. If Seller becomes aware of any of the foregoing (whether arising before or after the date hereof) after the date hereof, but prior to Closing, Seller shall give prompt notice thereof to Buyer prior to Closing. (h) Environmental Conditions. To Seller's actual knowledge (without duty of inquiry), the Property is not nor has it been under investigation for a violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions in, at, on, under or about the Property for soil and ground water condition. Neither Seller nor, to Seller's actual knowledge (without duty of inquiry), any third Party, has used, generated, manufactured, stored or disposed in, at, on, under or about the Property or transported 7 to or from the Property any Hazardous Material (as defined below). To Seller's actual knowledge (without duty of inquiry): (i) there has been no discharge, migration or release of any Hazardous Material from, into, on, under or about the Property; and (ii) there is not now, nor has there ever been on or in the Property underground storage tanks, any asbestos-containing materials or any polychlorinated bipbenyls, including those used in hydraulic oils, electric transformers, or other equipment. Seller is not, and to Seller' actual knowledge (with no duty of inquiry) aware of buried refuse, construction materials, garbage, or any other matter of any kind or nature below the surface of the Property. Seller hereby assigns to Buyer, without representation or warranty, to be effective only upon and as of the Closing, all claims, counterclaims, defenses, or actions, whether at common law, or pursuant to any other applicable federal or state or other Laws which Seller may have against any third Parties relating to the existence of any Hazardous Materials in, at, on, under or about the Property (including Hazardous Materials released on the Property prior to the Closing and continuing in existence on the Property at the Closing). As used herein, "Hazardous Material" shall mean any flammables, explosives, radioactive materials, hazardous wastes, hazardous and toxic substances or related materials, asbestos or any material containing asbestos (including, without limitation, vinyl asbestos tile), or any other substance or material, defined or regulated as a"hazardous substance" by any federal, state or local environmental law, ordinance, rule or regulation including, without limitation, the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Federal Hazardous Materials Transportation Act, as amended, the Federal Resource Conservation and Recovery Act, as amended, the Toxic Substances Control Act, as amended, and the rules and regulations adopted and promulgated pursuant to each of the foregoing. (i) No Impediments. To Seller's actual knowledge (with no duty of inquiry): (i) the Property is not subject to any neighborhood conservation or preservation districts or any historical designations, and does not include any archeological site, burial site, artifact or other condition of archeological or historical significance; (ii) no portion of the Property has been used as an Indian burial ground or contains any buried Indian artifacts; (iii) there exists no governmental policy or action precluding or inhibiting the: (1) issuance of grading or building permits with respect to the Property; (2) approval of precise engineering plans or preliminary or final plats with respect to the Property; (3) issuance of certificates of occupancy for residences properly constructed on the Property; or (4) issuance of water, sewer, or other utility connection permits affecting the development of the Property; and (iv) there are no adverse soil or geological conditions affecting the Property that could materially and adversely affect the Property or the construction of single family residences thereon without the need for unusual or new subsurface excavations, fill, footings, caissons or other installations. 0) No Transfer or Agreements. For so long as this Agreement remains in effect, Seller shall not encumber or permit or suffer the further encumbrance of the Property or any part thereof or interest therein, or assign, convey, lease or transfer any part thereof or interest therein. Seller has not entered, and shall not (without the prior written consent of Buyer), enter any contract or obligation affecting the Property which will be binding upon Buyer after the Closing other than as disclosed in the Title Report. (k) No Parties in Possession. There are no Parties in possession of the Property or any part thereof, and after the Closing there shall not be any leases, rental 8 agreements, or other rights of use or occupancy, whether express or implied, oral or written, affecting the Property. (1) Current Encumbrances. Any current encumbrance against the Property, as evidenced by a note secured by a deed of trust, or otherwise, will be satisfied and removed as an encumbrance of record against the Property in connection with the close of escrow. For the purposes of this Agreement, the knowledge, actual knowledge or best knowledge of the Seller shall be deemed to be the knowledge, actual knowledge or best knowledge (as applicable). 8. No Alteration of the Condition of the Property. During the term of this Agreement the Seller shall not cause the condition or character of the Property to be altered from that which exists as of the date hereof, and, subject to normal wear and tear, Seller shall maintain the Property in its current physical condition. 9. Attorney and Witness Fees/Court and Collection Costs. If either Party hereto breaches any provisions of this Agreement, the breaching Party shall pay to the non-breaching Party all reasonable attorney and witness fees and court costs and expenses incurred by the non- breaching Party in enforcing this Agreement and in collecting judgment or preparing for legal or other proceedings regardless of whether suit is instituted. 10. Notices. All notices or other communications required or provided to be sent by either Party or Escrow Company shall be in writing and shall be sent by United States Postal Service, postage prepaid, return receipt requested; courier; any nationally recognized overnight delivery service; or in person. Any such notice sent by registered or certified mail, return receipt requested shall be deemed to have been duly given and received seventy-two (72)hours after the same is so addressed and mailed with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twenty-four (24) hours after delivery of the same, charges prepaid, to U.S. Postal Service or private courier. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. All notices shall be addressed to the Party at the address below: If to Buyer: If to Seller: City Manager Bryant Powell 300 E. Superstition Blvd. Apache Junction, AZ 85119 Any address or name specified above may be changed by notice given to the addressee by the other Party in accordance with this paragraph. The inability to deliver because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. Any notice to be given by any Party hereto may be given by the counsel for such Party. Any notice to be given to Escrow Company shall be sent to the address set forth in the Escrow Instructions in Exhibit B. 9 11. Seller's Remedies. Subject to those rights of insurance and indemnity that are expressly described as surviving the termination of this Agreement, if Buyer shall breach any of the terms or provisions of this Agreement or otherwise defaults at or prior to the Closing, Seller may, as its sole and exclusive remedy, either waive such default and consummate the transaction contemplated hereby in accordance with the terms hereof, or terminate this Agreement. Buyer and Seller acknowledge that it would be extremely difficult and impractical, if not impossible, to ascertain with any degree of certainty the amount of damages which would be suffered by Seller if Buyer fails to purchase the Property in accordance with the terms of this Agreement. Seller hereby waives all other rights or remedies which may be available to it at law or in equity. 12. Buyer's Remedies. In the event of a default or breach by Seller hereunder, Buyer shall have the right to reimbursement from Seller for Buyer's actual out-of-pocket expenses incurred in connection with the transaction contemplated by this Agreement and the proposed development of the Property, together with all other rights and remedies available to it at law and in equity, including the right to seek specific performance of Seller's obligations hereunder; but in no event shall Buyer have the right to seek or recover special, exemplary or consequential damages from Seller. 13. Survival of Covenants, Agreements, Representations and Warranties. All covenants, agreements, representations and warranties set forth in this Agreement shall survive the Closing and shall not merge into any deed or other instrument executed or delivered in connection with the transaction contemplated hereby. 14. Modification of Agreement. No modification of this Agreement shall be deemed effective unless in writing and signed by the Parties hereto, and any waiver granted shall not be deemed effective except for the instance and in the circumstances particularly specified therein and unless in writing and executed by the Party against whom enforcement of the waiver is sought. 15. Further Instruments. Each Party, promptly upon the request of the other or upon the request of Escrow Company, shall execute and have acknowledged and delivered to the other or to Escrow Company, as may be appropriate, any and all further instruments reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement and which are consistent with the provisions hereof. 16. Entire Contract. This Agreement constitutes the entire contract between the Parties with regard to the purchase, sale and development of the Property. All terms and conditions contained in any other writings previously executed by the Parties and all other discussions, understandings or agreements regarding the Property and the subject matter hereof shall be deemed to be superseded hereby. 17. Inurement. This Agreement shall be binding upon and inure to the benefit of the successors and assigns, if any, of the respective Parties hereto. 18. Commissions. Each Party warrants and represents to the other that no real estate sales or brokerage commissions, or finder's fees, are or may be due in connection with this transaction as a result of the act of the Party so warranting. 10 19. Time Periods. If the time for performance of any obligation hereunder expires on a Friday, Saturday, Sunday or legal holiday, the time for performance shall be extended to the next day which is not a Friday, Saturday, Sunday or legal holiday. Friday is specifically excluded since the Seller does not conduct official business on such days. 20. Severability. The Parties each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring Buyer to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. Conflict of Interest. This Agreement is subject to, and may be terminated in accordance with the provisions of A.R.S. § 38-511. 22. Assignment. Neither Party may assign their rights under this Agreement. 23. Counterparts. This Agreement may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. 24. Recordation. This Agreement shall be recorded by Escrow Company at the time of closing along with the Warranty Deed and any other required documents typically recorded in a real property closing. All appropriate recording and courier fees shall be paid by the Seller and Buyer in a 50150% split. 25. IRS Real Estate Sales Reportin,2. Buyer and Seller hereby appoint Escrow Company as, and Escrow company agrees to act as, "the person responsible for closing" the transaction which is the subject of this Agreement pursuant to § 6045(e) of the Internal Revenue Code. Escrow Company shall prepare and file IRS Form 1099-S and shall otherwise comply with the provisions of§ 6045(e) of the Code only to the extent such provisions apply to sellers of real property. Escrow Company shall indemnify, protect, hold harmless and defend Seller, Buyer and their respective attorneys for, from and against any and all claims, actions, costs, loss, liability or expense arising out of or in connection with the failure of Escrow Company to comply with the provisions of this paragraph. 26. Applicable Law/Venue. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of 11 Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or for removal to federal court. 27. Time is of the Essence. Time is of the essence of this Agreement and each provision hereof. IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written. SELLER: BUYER: Bryant Powell [NAME] City Manager Approved as to form: R. Joel Stern City Attorney 12 STATE OF ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20_, by Notary Public My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF FINAL) The foregoing was subscribed and sworn to before me this day of , 20 , by Bryant Powell, City Manager of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My Commission Expires: 13 ESCROW COMPANY ACCEPTANCE: The undersigned Escrow Company accepts this Agreement as its escrow instructions and agrees to perform the acts applicable to Escrow Company in accordance with the terms of this Agreement. Specifically, Escrow Company understands, acknowledges and agrees to the provisions of Paragraph 25 labeled "IRS Real Estate Sales Reporting" above. Escrow Company acknowledges its receipt of both the First Deposit and a fully executed original of this Agreement as of the date set forth underneath its signature below, and such date shall be deemed the date of the "Opening of Escrow". CLEAR TITLE AGENCY By: Trish Getz Its: Branch Manager Date: (the "Opening of Escrow") STATE OF ARIZONA ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20_, by Trish Getz, Branch Manager of Clear Title Agency of Arizona, who acknowledged that he signed the foregoing instrument on behalf of Escrow Company. Notary Public My Commission Expires: 14 LIST OF EXHIBITS A - Legal Description B - Escrow Instructions C - Form of Warranty Deed EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The Southeast quarter of the Northwest quarter of the Southwest quarter of the Northeast quarter of Section 21, Township I North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the West 1.6.5 feet thereof; and Excepting therefrom, all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Docket 172, Page 368. 1 EXHIBIT B ESCROW INSTRUCTIONS SELLER AND BUYER WILL: I Deposit with Escrow Company all documents necessary to complete the sale as established by the terms of these instructions and authorize Escrow Company to deliver or record said documents as required herein. 2. Direct that all money payable be paid to Escrow Company unless otherwise specified. 3. Authorize Escrow Company to act upon any statement furnished by a lien holder or their agent, without liability or responsibility for the accuracy of such statement. 4. Authorize Escrow Company to pay from available funds held by it for said purpose amounts necessary to procure documents and to pay charges and obligations necessary to consummate this transaction. 5. Direct that the disbursement of any funds shall be made by check of Escrow Company. 6. Direct that when these instructions and all title requirements have been complied with Escrow Company shall deliver by recording in the appropriate public office all necessary documents, disburse all funds and issue the title insurance policy. 7. Indemnify and save harmless Escrow Company against all costs, damages, attorney fees, expenses and liabilities, which it may incur or sustain in connection with these instructions any interpleader action, or any servicing account arising herefrom (except for any wrongful acts or negligence on the part of Escrow Company) and will pay the same on demand. SELLER AND BUYER AGREE: 8. Escrow Company has the right to resign upon written ten (10) calendar day notice, if such right is exercised, all funds and documents shall be returned to the party who deposited them. 9. Escrow Company shall not accept payments under a cancellation notice, unless in cash, certified or cashier's check or money order. 10. Should Escrow Company be closed on any day of compliance with these instructions, the requirement may be met on the next succeeding day Escrow Company is open for business. Exhibit B /Page 1 11. Time is of the essence of any agreement to pay or perform hereunder which agreement shall remain unpaid or unperformed as of Closing. No payment of Buyer of such amounts shall be received or receipted for by Escrow Company unless all amounts due as of the date of compliance are paid unless and until written authority therefor has been delivered to Escrow Company by the payee of said amount. 12. Escrow Company may at any time, at its discretion, commence a civil action to interplead any conflicting demands to a court of competent jurisdiction. 13. It is fully understood that Clear Title Agency serves as an Escrow Company only in connection with these instructions and cannot give legal advice to either party hereto. 14. The title insurance provided for unless otherwise specified, shall be evidenced by the standard form of title insurance policies on file with the Insurance Director of the State of Arizona subject to exceptions shown in the commitment for title insurance and title insurance policy issued. Exhibit B /Page 2 EXHIBIT C After Recording Return To: WARRANTY DEED For and in consideration of Ten Dollars, and other valuable consideration, CITY OF APACHE JUNCTION an Arizona municipal corporation, whose address is 300 East Superstition Blvd., Apache Junction, AZ, 85119 ("Grantor"), hereby conveys to [NAME OF BUYER] ("Grantee"), the following real property situated in Apache Junction, Pinal County, Arizona, together with all rights and privileges appurtenant thereto: The Southeast quarter of the Northwest quarter of the Southwest quarter of the Northeast quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona•, Except the West 16.5 feet thereof, and Excepting therefrom, all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Docket 172, Page 368. and subject to current taxes and other assessments, reservations in patents and all easements, rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, and all matters which an accurate survey or physical inspection of the real property would disclose. Grantor hereby binds itself and its successors to warrant and defend the title, as against all acts of the Grantor herein and no other. No other warranties, express or implied, are given by Grantor by reason of this conveyance. DATED this day of , 2021. [Signatures on Following Page] Exhibit C /Page 1 GRANTOR: Bryant Powell. City Manager STATE OF ARIZONA ) ss. COUNTY OF PINAL ) This instrument was acknowledged before me this of , 2021, by Bryant Powell, the City Manager of the City of Apache Junction. Notary Public NOTARY SEAL Exhibit C /Page 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 21-642 Sponsor:Jennifer Pena Agenda Date: 11/16/2021 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, December 6th and Executive Session at 6:00 P.M. for Tuesday, December 7th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction,Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 1111012021