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HomeMy WebLinkAbout2021 06.15 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,June 15,2021 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. 21-290 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1- 91 Consideration of approval of minutes of the regular meeting of June 1 st, 2021. Sponsors: Jennifer Pena Attachments: Minutes 3. 21- 26 Consideration of approval of Fiscal Year 2021-2022 Health and Human Services Commission funding recommendations. Sponsors: Jennifer Pena Attachments: Memo AJ CDC Contract Boys and Girls Club Contract Genesis Contract Salvation Army Contract Superstition Comst�unity Food Sank Contract City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 City Council Meeting Agenda June 15,2021 4^ 21-294� Consideration of proposed Resolution No. 21-23. authorizing the City of Apache Junction hu enter into an intergovernmental agreement with Gila County, Arizona for COB(3 Regional Account(RA)allocation. Sponsors. Misty Moseley Attachments: 5. 21-307 Award of bid for the County Basin Dog Park Construction to Scholz Contracting, LLC. in the amount of$1.042.814.50. plus a1096 contingency($104.281.45)for any future unforeseen change orders for e total of$1.147.005.85. 0mxxmxos. LizLanganbaoh Attachments: Staff Memo-Scholz Contracting LLC Award of Bid-CONSENI Scholz Construction Agreement E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 0. 21-2985 Presentation of Proclamation recognizing K4ay2O21 as Mental Health Awareness Month. Sponsors: Chip Wilson Attachments: Mental Health Month 7, 21-313 Presentation of Proclamation in support of the federal funding ofwater conservation infrastructure in the San Carlos irrigation and drainage district. Smnrams. Chip Wilson Attachments: Water Infrastructure 1Mg[qyqMgnLs 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 h»substance, time and location. 8' 21-292 Brief summary of intergovernmental updates from mayor and oounoi|membero. Somxmus. Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. City vr Apache Junction,Arizona Page Printed oouamox/ City Council Meeting Agenda June 15,2021 9. 21-253 Presentation and discussion by Tony Smith from Pina| Partnership regarding new projects and future plans. Sponsors. Bryant Powell Attachments: 10^ 21-289 City Manager's Report. Sommsua: Bryant Powell 11. 21-308 Presentation and update from the Youth Advisory Council (YAC)on recent accomplishments. Sponsors. Bryant Powell 12. 21-3.4 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. 13. 21-297 Presentation, discussion, public hearing and consideration of Resolution No. 21-25a resolution of the mayor and city council ofCity of Apache Junction, Arizona, authorizing the mayor tn execute the procedural pre-annexation agreement for the Auction Property between the City of Apache Junction, the Arizona State Land Department and O.R. Horton, Inc. Arizona State Land Department and O.R. Horton. Inc. representatives will be available to answer any of the oounoi|'o questions. Sponsors: Joel Stern Attachments: Memo to Staff 06152021 PPA 06012021 Map City vr Apache Junction,Arizona Page Printed oouaaox, City Council Meeting Agenda June 15,2021 14. 21-298 Presentation, discussion, public hearing and consideration nf Resolution No. 21-28a resolution of the mayor and city council ofCity of Apache Junction, Arizona, authorizing the mayor to execute the procedural pre-annexation agreement for the Retained Property between the City nf Apache Junction and the Arizona State Land Department. Arizona State Land Department representatives will be available ho answer any nf the oounni|'oquestions. Somxmx:u Joel Stern Attachments: Memo to Staff 06152021 Resolution 21-26 Procedural Preannexation Agreement(Retain PPA Retained Map 15. 21-166 Consideration of application for a series 0US (bar) liquor license application for Tanadidd|ao located at28SN. Apache Trail. The next step in the process ie for council ho hold a public hearing onthe application and make o recommendation of approval or denial tnthe Arizona Department nf Liquor License and Control. Sponsors: Jennifer Pena Attachments: Memo Ap2�kation 18. 21-3Q06 Presentation, discussion, public hearing and consideration of Ordinance No. 1505, o proposed planned development major amendment requested by Shdhar Krishnan nfAUK4 Investments, of the 1 acre property located at512N. Valley Drive currently zoned RyW-1/PD (High Density Multiple-Family Residential byPlanned Development)to allow the addition of7 units for a total of13 units on the property. Somxnus. LarryKimh Attachments: P-21-6-PZ CC Staff Repgqw Attachments 17. 21-296 Presentation, discussion, public hearing and consideration of proposed projects tobe submitted under Resolution No. 21-24. authorizing the submission of the oity'a Fiscal Year 2021 (^FY21'') Community Development Block Grant Regional Account(^CDQG^) and Fiscal Year2831 State Special Project(^SSP^)applications. Sponsors. Misty Moseley Attachments: Resolution No.21-24 City vr Apache Junction,Arizona Page Printed onuamox/ City Council Meeting Agenda June 15,2021 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 18. 21-285 Presentation, discussion, and consideration of the Economic Development Agreement with the Greater Phoenix Economic Council (GPEC)for economic development services for the term of one year and in the amount of$26,283.00, and appointment of Councilmember Kelly Gremmel as the City of Apache Junction representative to the GPEC Board of Directors. GPEC staff will provide a brief presentation and be available to answer any questions. Sponsors: Janine Solley Attachments: Staff Memo GPEC contract renewal FY21 22 Apache Junction FY21 FINAL Exhibit A Action Plan FY22 Exhibit B FY22 Metrics Exhibit C Tarctet Industries Exhibit D FY22 Reporting draft Exhibit E FY21 City default Exhibit F FY21 Regional Cooperation Protocol Policy GPEC Board Appointee FY 21 22 06.15.21 AJ R01 PPT K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 19. 21-293 Executive Session at 6:00 P.M. for Tuesday, July 6th 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 City of Apache Junction,Arizona Page 5 Printed on 6/9/2021 City Council Meeting Agenda June 15,2021 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 6 Printed on 61912021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-290 Sponsor:Jennifer Pena Agenda Date:6/15/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-291 Sponsor:Jennifer Pena Agenda Date:6/15/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of June 1st, 2021. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 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,June 1,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the city council meeting to order. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and then council said the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Tom Kelly, Police Chief Mike Wever, Public Works Director Rudy Esquivias, Planning Manager Kelsey Schattnik, Planner Liz Langenbach, Parks& Recreation Director Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Schroeder to accept the consent agenda as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 21-262 Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes June 1,2021 2. 21-264 Consideration of approval of minutes of the special meeting of May 17, 2021. 3. 21-2 3 Consideration of approval of minutes of the regular meeting of May 18, 2021. 4. 21-250 Presentation, discussion and consideration of approval for cooperative purchasing agreement between City of Apache Junction and CoreCivic, Inc for jail service. CoreCivic staff will be available to answer any of the council's questions. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. 1-254 Formal presentation by mayor of certificates of graduation to the graduates of the 21st Citizen Leadership Institute (CLI). Public Information Officer Al Bravo shared that the 20th and 21 st Citizen Leadership Institutes were just completed and presented Certificates of Graduation to each graduate. The next class will begin in January 2022. F. ANNOUNCEMENT OF CURRENT EVENTS 6. 21-261 Announcement of current events from mayor and councilmembers. Councilmember Biggs shared that the VFW Posts hosted Memorial Day tributes. This weekend is the monthly 1st Friday and 1st Saturday 1 year anniversary celebration. The Sonoran Farmer's Market is also beginning this weekend. Councilmember Evans shared that the Apache Junction Community Development Corporation just finished cleaning up another code compliance case yard that consisted of 50 volunteer hours and a large commercial dumpster from Republic Services. Councilmember Schroeder congratulated the CLI graduates. Councilmember Gremmel shared that the Centennial Group is meeting this Thursday at the Library to continue to plan the January 2022 event. Councilmember Nesser thanked the CLI graduates for getting involved. Vice Mayor Rizzi congratulated and thanked the CLI graduates. Mayor Wilson congratulated and thanked the CLI graduates for getting involved. He participated in the Memorial Day events. G. CITY MANAGER'S REPORT 7. 21-260 City Manager's Report. City Manager Bryant Powell shared that the Superstition Shadows Pool is now open with limited days and hours due to not having enough life guards. The annual 4th of July event will be occurring this year with more details to come. H. PUBLIC HEARINGS City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes June 1,2021 8. 21-271 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-13, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplement Regulations, § 1-6-12 Medical and Recreational Marijuana"; repealing any conflicting provisions; and providing for severability. Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Resolution No.21-13,a Resolution of the mayor and city council of the City of Apache Junction,AZ declaring that certain document filed with the City Clerk entitled"2021 Amendments to the Apache Junction City Code, Volume 2, Land Development Code,Chapter 1 Zoning Ordinance,Article 1-6:Supplement Regulations,§1-6-12 Medical and Recreational Marijuana"; repealing any conflicting provisions; and providing for severability be amended to prohibit any testing,cultivation or anymore dispensaries in the city limits of Apache Junction. Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember Nesser and Councilmember Gremmel No: 2- Councilmember Evans and Councilmember Biggs Mayor Wilson stated that the next four items deal with Recreational Marijuana and the Public Hearings will be combined but each item will still have their own motion. Planner Kelsey Schattnik explained the options relating to proposed Resolution No. 21-13 and No. 21-15 and proposed Ordinance No. 1502 and No. 1504. Councilmember Evans stated that she does not have any problems with P&Z recommendations other then allowing lab testing. Councilmember Biggs asked City Attorney Joel for clarification on wording and options. He thinks businesses should be able appeal the decision to the Board of Adjustment. Vice Mayor Rizzi thinks that more conversation needs to be had on this matter. Her concern is perception. Councilmember Schroeder thinks we have enough marijuana facilities and does not want anymore. Council can always come back and change this if needed or wanted in the future. Councilmember Nesser would like to table it and let it die. Councilmember Gremmel thinks it should not be tabled and council should make the decision, not let Board of Adjustment make the decision on an appeal down the road. Councilmember Evans thinks council should make the decision. It is voter approved and a legitimate business and there will only be 23 allowed in the entire state by lottery so she thinks council should approve it in our city. Mayor Wilson opened the public hearing. Mathew Bolt, 708 S. Paustian Circle, does not agree with marijuana and wants the city council to be a leader, not a follower. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes June 1,2021 George Schroeder, 2444 W. Virginia Street, stated that the druggies have won and his neighbors prove that. We need to tell the developers what is going to happen, not the other way around. Caitlin Knox, 2516 W. Cactus Wren Street, stated that the voters have spoken and want this type of business. She thinks there are so many good uses for marijuana and it is much safer then alcohol and council wouldn't stop a bar from coming into the city. Bob Caldwell, 3301 S. Goldfield Road, asked council not do leave the Board of Adjustments out to dry. If council is going to take no action then state that they don't want any facilities. Planning and Zoning Commission had no direction from council which is how they came up with what they did. Without any direction the appeals group could approve it and then we're back to square one. Mehmood Mohiuddin, 234 N.Apache Trail, explained that in the 1930s alcohol was not allowed in the United States. He knows people that have medical marijuana cards and go sell their marijuana on the streets to children. Council needs to think about the future generation and make the best decision for the community. Mayor Wilson closed the public hearing and asked for a motion. 9. 21-272 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-15, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulation, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction provisions, and providing for severability. Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Resolution No.21-15,a Resolution of the mayor and city council of the City of Apache Junction,AZ declaring that certain document filed with the City Clerk entitled"2021 Amendments to the Apache Junction City Code, Volume 2, Land Development Code,Chapter 1 Zoning Ordinance,Article 1-5:Zoning Bulk and Use Regulation,§1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, and Article 1-17,§1-17-1 Definitions"; repealing any confliction provisions,and providing for severability be tabled and brought back to council on July 20,2021 with the changes to the ordinance that were carried out in item#8 with a new ordinance number. Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember Nesser and Councilmember Gremmel No: 2- Councilmember Evans and Councilmember Biggs 10. 21-273 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1502, an Ordinance of the Mayor and City Council of the Apache Junction, Arizona, amending Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance,Article 1-6: Supplemental Regulations, by repealing, replacing and retitling in its entirely§ 1-6-12, Medical Marijuana; and by adopting by reference that certain document entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes June 1,2021 Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana"; repealing any conflicting provisions; providing for severability; and providing for penalties. Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Ordinance No. 1502,be tabled and brought back to council on July 20,2021 with the changes to the ordinance that were carried out in item#8 with a new ordinance number. Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember Nesser and Councilmember Gremmel No: 2- Councilmember Evans and Councilmember Biggs 11. 21-274 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1504, an Ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending the Apache Junction City Code, Volume 11, Land Development, Chapter 1: Zoning Ordinance, by adding a new recreational marijuana use category to certain zoning districts and new recreational marijuana use definitions and adopting by reference that certain document entitled "2021 Amendments to Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3, Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction provisions; providing for severability; and providing for penalties. Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Ordinance No. 1504,be tabled and brought back to council on July 20,2021 with the changes to the ordinance that were carried out in item#8 with a new ordinance number. Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember Nesser and Councilmember Gremmel No: 2- Councilmember Evans and Councilmember Biggs I. OLD BUSINESS 12. 21-29 Presentation and discussion on award of bid for PR-21-01 County Basin Dog Park Construction Services to Scholz Contracting, LLC. Parks& Recreation Director Liz Langenbach shared that 8 bids were submitted for the dog park. Staff is recommending a contract be awarded to Scholz Contracting, LLC who was the lowest bidder and is qualified to do the project for a total amount of$1,147,095.95. This item will be brought back for final award of contract at the June 15th council meeting. J. NEW BUSINESS 13. 21-257 Presentation and discussion on proposed Resolution No. 21-23, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Gila County, Arizona for CDBG Regional Account(RA)allocation. City Attorney Joel Stern explained that Apache Junction and Gila County are members of Central Arizona Governments (CAG)which is who distributes the CDBG funds. CAG has authorized a procedure for switching funding years between communities so the parties believe it is in the best interest to partner so that one community can submit applications in one fiscal year and the other in the next fiscal year, allowing that year's applicant to receive double or City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes June 1,2021 increased funding. Apache Junction will request funding in fiscal year 2021 and Gila County will request funding in fiscal year 2022. 14. 21-265 Presentation and discussion on Resolution No. 21-25 a resolution of the mayor and city council of City of Apache Junction, Arizona, authorizing the mayor to execute the procedural pre-annexation agreement for the Auction Property between the City of Apache Junction, the Arizona State Land Department and D.R. Horton, Inc.Arizona State Land Department and D.R. Horton, Inc. representatives will be available to answer any of the council's questions. City Attorney Joel Stern explained that this resolution will authorize the mayor to execute a procedural pre-annexation agreement(PPA)for the development of approximately 2,800 acres to be annexed into the city for a housing community called Superstition Vistas which gives the developer and state land department certain assurances relating to the approval process for the development agreement . It is reasonable for the developer and state land department to be able to rely on the orderly process set forth in the PPA. 15. 21-276 Presentation and discussion on Resolution No. 21-26 a resolution of the mayor and city council of City of Apache Junction, Arizona, authorizing the mayor to execute the procedural pre-annexation agreement for the Retained Property between the City of Apache Junction, the Arizona State Land Department. Arizona State Land Department representatives will be available to answer any of the council's questions. City Attorney Joel Stern explained that this resolution will authorize the mayor to execute a procedural pre-annexation agreement(PPA)with the state land department for the development of approximately 5,700 acres to be annexed into the city for development. The PPA gives the state land department certain assurances relating to the approval process for a development agreement. It is reasonable for the state land department to be able to rely on the orderly process set forth in the PPA. K. COUNCIL DIRECTION TO STAFF 16. 21-225 Direction to staff on Fiscal Year 2021-2022 health &human services funding recommendations. If so directed, the contracts for services will be placed on the June 15th consent agenda at which time council can approve or opt to continue the contracts to another date. Councilmember Nesser moved,seconded by Councilmember Biggs to direct staff to place the contracts for the non-profit organizations on the June 15th council agenda. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Clerk Jennifer Pena explained that two weeks ago council heard a presentation from commissioners on their recommendation for funding. Tonight staff is requesting a direction to staff on moving forward with the recommendations. Councilmember Biggs expressed his concern with the amount that the city has funded to non profits over the last 10 years and what there is to show for it. He wants this to be brought back for discussion. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes June 1,2021 Councilmember Evans explained that what the non profits provide to the community cannot always be seen, such as children eating, children getting cared for and educated, the homeless getting showers, women being protected from domestic violence and much more. Vice Mayor Rizzi would like a discussion to be had on where the funding is going and maybe revamp the process and wean the current agencies from the funding. She does not want to cut the funding. She would like to focus on helping the homelessness. Councilmember Nesser doesn't think it hurts to revisit the process and look at only allowing agencies to apply for a certain amount of years. Councilmember Gremmel thinks it is a good idea to review what has been done and what is being done and look for process improvements. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 17. 21-259 Executive Session at 6:00 P.M. for Monday, June 14th and Executive Session at 6:00 P.M.for Tuesday, June 15th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Vice Mayor Rizzi moved,seconded by Councilmember Schroeder that an Executive Session at 6:00 P.M.for Monday,June 14,and Tuesday,June 15,2021 be held in the city council conference room located at 300 E.Superstition Boulevard in Apache Junction,AZ,and other meetings be scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC Leonard Jeffrey, is trying to open a homeless shelter for veterans. There has been rumors going around that are not true. He was red tagged or he would have two homeless veterans in the shelter right now. The property should be zoned as commercial, not residential. He wants to be able to work on his own property. George Schroeder, 2444 W. Virginia Street, said that only two churches in the city are contributing to the community. The churches and Banner are not non profit. Code enforcement needs to step up. $80,000 is nothing compared to what we need. N. ADJOURNMENT Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes June 1,2021 SIGNED AND ATTESTED TO THIS DAY OF 12021. 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 12021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 8 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-226 Sponsor:Jennifer Pena Agenda Date:6/15/2021 Index: In Control: City Council Meeting Consideration of approval of Fiscal Year 2021-2022 Health and Human Services Commission funding recommendations. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 CityApacheof Junction 300 East Superstition Boulevard • Apache Junction, Arizona 85119 a ' www.apachejunctionaz.gov JUNE 15, 2021 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: JILL BRIGHT, DEPUTY CITY CLERK SUBJECT: FY 2021-2022 HEALTH & HUMAN SERVICES FUNDING On April 26, 2021, the Health & Human Services Commission unanimously approved the below funding recommendations. On May 17, 2021, Commissioner Mitchell presented these recommendations to council at the Work Session. On June 1, 2021 council directed staff to bring the contracts back on the June 15t" consent agenda for approval. Today, June 15, 2021, staff is requesting approval of the contracts. RequestingApplicant Applicant AJ CDC $24,000 $6,000 Boys & Girls Club $35,000 $2 ,500 Genesis Project $12, 185 $11,300 Salvation Army $15,355 $12,200 Superstition Food Bank $26,000 $26,000 Total $112,540 $8 ,000 Next Steps: Contracts are effective from July 1, 2021—June 30, 2022. Home of the Superstition Mountains AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2021-2022 THIS AGREEMENT is made and entered into this day of , 2021 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION , a health and human services provider("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2021-2022. C. The Commission has submitted its recommendations to the city council. D. On June 14, 2021 the city council passed and adopted the 2021-2022 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Community revitalization programs, household hazardous waste transport assistance, playground revitalization project, focal point brick memorial, residential address identifiers and Make a Difference Day. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2022- 2023 to City on or before January 31, 2022. D. File with City all documentation for the previous quarter no later than the fifteenth (15) day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 -September 30 on or before October 15, 2021 Quarter 2: October 1 - December 31 on or before January 15, 2022 Quarter 3: January 1 - March 31 on or before April 15, 2022 Quarter 4: April 1 -June 30 on or before July 15, 2022 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit A. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2022-2023. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$6,000.00 for fiscal year 2021-2022 for SOW performance. 3 B. Compensation shall be in equal quarterly payments of$1,500 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2021-2022 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2021 through June 30, 2022. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. 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 4 requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Apache Junction Community Development Corp. c/o City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. 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 Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected 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 Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any 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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City 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. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth 6 herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider 7 are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such 8 boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip" Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney STATE OF ARIZONA ) ) ss. COUNTY OF ) 9 The foregoing was subscribed and sworn to before me this day of , 2021, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2021, by Walter"Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city;proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona 11 Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable,however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 12 Exhibit B Of Er 8 20 fQ r. R 5D ml o rs 95 j RW 15, 50 LL 13 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND THE BOYS AND GIRLS CLUB OF THE VALLEY FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2021-2022 THIS AGREEMENT is made and entered into this day of , 2021 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BOYS AND GIRLS CLUB OF THE VALLEY, a health and human services provider("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2021-2022. C. The Commission has submitted its recommendations to the city council. D. On June 14, 2021 the city council passed and adopted the 2021-2022 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide Project Learn, Power Hour, Be Great Graduate, Career Launch, Diplomas to Degrees, Money Matters and other summer programs. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2022- 2023 to City on or before January 31, 2022. D. File with City all documentation for the previous quarter no later than the fifteenth (15) day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 -September 30 on or before October 15, 2021 Quarter 2: October 1 - December 31 on or before January 15, 2022 Quarter 3: January 1 - March 31 on or before April 15, 2022 Quarter 4: April 1 -June 30 on or before July 15, 2022 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit B. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2022-2023. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$24,500.00 for fiscal year 2021-2022 for SOW performance. B. Compensation shall be in equal quarterly payments of$6,125 per 3 quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2021-2022 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2021 through June 30, 2022. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. 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: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Boys and Girls Club of the Valley 4309 E. Belleview Street, Building 14 Phoenix, AZ 85008 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. 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 Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected 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 Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any 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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City 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. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political 7 activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated 8 damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: BOYS AND GIRLS CLUB OF THE VALLEY, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip" Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2021, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2021, by Walter"Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city;proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona 11 Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable,however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 12 Exhibit B � r) M Am 6 > > et 4 = — L't R c cro CL c CL aP 0 tk 34 Pt ro co r1l fo eo rl on ft 0 0 N 10. rm 13 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GENESIS PROJECT FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2021-2022 THIS AGREEMENT is made and entered into this day of , 2021 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and GENESIS PROJECT, a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2021-2022. C. The Commission has submitted its recommendations to the city council. D. On June 14, 2021 the city council passed and adopted the 2021-2022 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide a resource center, food, heat relief, clothing, hygiene items and hydration to individuals experiencing homelessness. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2022- 2023 to City on or before January 31, 2022. D. File with City all documentation for the previous quarter no later than the fifteenth (15) day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 -September 30 on or before October 15, 2021 Quarter 2: October 1 - December 31 on or before January 15, 2022 Quarter 3: January 1 - March 31 on or before April 15, 2022 Quarter 4: April 1 -June 30 on or before July 15, 2022 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit B. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2022-2023. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$11,300.00 for fiscal year 2021-2022 for SOW performance. B. Compensation shall be in equal quarterly payments of$2,825 per 3 quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2021-2022 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2021 through June 30, 2022. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. 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: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Genesis Project 564 N. Idaho Road, Suite 5 Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. 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 Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected 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 Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any 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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City 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. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political 7 activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated 8 damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: GENESIS PROJECT, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip" Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2021, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2021, by Walter"Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city;proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona 11 Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable,however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 12 Exhibit B 45 A 00 o ID ID (D rn a o 5- 3 CL tr! r1l 3r LA O 13 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND THE SALVATION ARMY FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2021-2022 THIS AGREEMENT is made and entered into this day of , 2021 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and THE SALVATION ARMY, a health and human services provider("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2021-2022. C. The Commission has submitted its recommendations to the city council. D. On June 14, 2021 the city council passed and adopted the 2021-2022 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Hire a navigator/outreach specialist and provide food, heat relief, showers, hygiene items and rental and utility assistance to individuals in need. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2022- 2023 to City on or before January 31, 2022. D. File with City all documentation for the previous quarter no later than the fifteenth (15) day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 -September 30 on or before October 15, 2021 Quarter 2: October 1 - December 31 on or before January 15, 2022 Quarter 3: January 1 - March 31 on or before April 15, 2022 Quarter 4: April 1 -June 30 on or before July 15, 2022 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit B. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2022-2023. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$12,200.00 for fiscal year 2021-2022 for SOW performance. B. Compensation shall be in equal quarterly payments of$3,050 per 3 quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2021-2022 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2021 through June 30, 2022. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. 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: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: The Salvation Army 605 E. Broadway Avenue Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. 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 Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected 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 Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any 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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City 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. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political 7 activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated 8 damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: THE SALVATION ARMY, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip" Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2021, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2021, by Walter"Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city;proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona 11 Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable,however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 12 Exhibit B p 5z r Q 06 C. o 21 loe Z 0 r) O rCL 13 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SUPERSTITION COMMUNITY FOOD BANK FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2021-2022 THIS AGREEMENT is made and entered into this day of , 2021 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and SUPERSTITION COMMUNITY FOOD BANK, a health and human services provider("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2021-2022. C. The Commission has submitted its recommendations to the city council. D. On June 14, 2021 the city council passed and adopted the 2021-2022 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide food to those in need. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2022- 2023 to City on or before January 31, 2022. D. File with City all documentation for the previous quarter no later than the fifteenth (15) day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 -September 30 on or before October 15, 2021 Quarter 2: October 1 - December 31 on or before January 15, 2022 Quarter 3: January 1 - March 31 on or before April 15, 2022 Quarter 4: April 1 -June 30 on or before July 15, 2022 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit B. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2022-2023. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$26,000.00 for fiscal year 2021-2022 for SOW performance. B. Compensation shall be in equal quarterly payments of$6,500 per 3 quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2021-2022 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2021 through June 30, 2022. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. 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: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Superstition Community Food Bank 575 N. Idaho Road, Suite 701 Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. 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 Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected 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 Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any 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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City 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. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political 7 activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated 8 damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: SUPERSTITION COMMUNITY FOOD BANK a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip" Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2021, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2021, by Walter"Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city;proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona 11 Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable,however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 12 Exhibit B 0 > > eD om CD t ?D fQ CD n 0 IQ fD 10 r1l m r1l 03 cw 0 o 13 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-294 Sponsor: Misty Moseley Agenda Date:6/15/2021 Index: In Control: City Council Meeting Consideration of proposed Resolution No. 21-23, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Gila County, Arizona for CDBG Regional Account(RA)allocation. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 City ofApache Junction Development S'e�ices Department ATE: June 14,2021. TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director F Misty Moseley-Helber, Grants & Community Development Administrator SUBJECT: Resolution No. 21-23 approving the IGA between the City of Apache Junction and Gila County for CDBG Allocation REQUEST Approve Resolution No. 21-23, authorizing the City of Apache Junction to enter into an intergovernmental agreement("IGA")with Gila County for purposes of CDBG allocation. BACKGROUND The City of Apache Junction and Gila County (the "Parties") are members of Central Arizona Governments ("CAG"), which is charged with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants ("CDBG"). Each year the Parties are eligible for participation in the funding and distribution process and CAG has authorized a procedure for switching funding years between communities. DISCUSSION The Parties believe that it is in their best interest to partner so that one community can make application in one fiscal year and the other in the next fiscal year, allowing that year's applicant to receive double or increased funding. It is the intent of the Parties that Apache Junction will request funding for projects in fiscal year 2021 and Gila County will request funding for projects in fiscal year 2022. The IGA sets forth the details of this agreed upon arrangement. RECOMMENDATION/ACTION REQUIRED Staff respectfully recommends the city council: 1. Approve Resolution No. 21-23. ATTACHMENTS Attachment One: Resolution No. 21-23 and attached IGA Planning&Zoning—Building& Safety—Revenue Development 300 F. Superstition Boulevard -Apache.function,AZ 85119 - Ph: (480)474-5083 w Fax(480)982-7010 RESOLUTION NO. 21-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH GILA COUNTY, ARIZONA FOR CDBG ALLOCATION. WHEREAS, City of Apache Junction and Gila County (the "Parties") are members of the Central Arizona Governments ("CAG") ; and WHEREAS, CAG is charged with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants ("CDBG") ; and WHEREAS, each year the Parties are eligible for participation in the funding and distribution process; and WHEREAS, CAG has authorized a procedure for switching funding years; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the Parties have crafted the attached written agreement in the form of an intergovernmental agreement ("IGA") which formalizes the arrangement . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the form of the IGA for CDBG Allocation set forth in Attachment A; and the mayor is hereby authorized to sign the IGA on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. RESOLUTION NO. 21-23 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF JUNE, 2021 . SIGNED AND ATTESTED TO THIS DAY OF JUNE, 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-23 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GILA COUNTY, ARIZONA FOR CDBG ALLOCATION INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GILA COUNTY, ARIZONA FOR CDBG ALLOCATION THIS AGREEMENT is made and entered into this_day of 2021, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("Apache Junction") and GILA COUNTY, ARIZONA, an Arizona county("Gila County"), collectively the "Parties". RECITALS A) The Parties are members of the Central Arizona Governments ("CAG")which provides, since 1975, regional planning services to Gila and Pinal Counties, including their seventeen incorporated cities and towns. B) CAG is charged with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants ("CDBG"). Q Each year the Parties are eligible for participation in the funding and distribution process and the amount of funding available to each community depends upon the number of communities making application for CDBG allocations. D) The Parties believe that it is in their best interest to partner with another participating CDBG community so that one community can make application in one fiscal year and the other in the next fiscal year, resulting in each community receiving larger sums in the year of participation so that each community can work on larger projects which cannot be considered under normal funding circumstances. E) CAG has authorized a procedure for switching funding years in fiscal years 2021 and 2022. F) The Parties are empowered to enter into this intergovernmental agreement("IGA") under the provisions of A.R.S. § 11-95 1, et seq. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as set forth below: I. CAG Submittal: Pursuant to CAG rules and regulations and the method of distribution established by CAG Regional Council, the Parties will submit required documentation to CAG,together with a copy of this IGA,which will inform CAG that the Parties will partner for purposes of funding rounds for fiscal years 2021 and 2022. The Parties will for each funding year submit a letter of intent or non-intent to CAG indicating that it is the intent of the Parties that Apache Junction will request funding for projects for fiscal year 2021 and I Gila County will request funding for projects for fiscal year 2022. This will allow Apache Junction to receive double or increased funding for fiscal year 2021 and will allow Gila County to receive double or increased funding for fiscal year 2022. II. Term and Risk Acknowled eg ment: The Parties acknowledge that there is a possibility of changes in state policy and/or funding in the future and that each assumes said risk knowingly, understanding that funding levels may change during the two (2) fiscal year term of this IGA. The Parties further understand that the letter of intent filed in accordance with this IGA is valid for a period of two (2) fiscal years and there shall be no authority to withdraw or modify such letter of intent after August 1, 2021. III. Application Compliance: The Parties shall be fully and solely responsible for compliance with all rules and regulations applicable to the grant applications. Failure to obtain funding or grants as a result of a community's failure to timely file applications for grant funds shall not authorize relief from this IGA. This IGA shall have a terin of two (2) fiscal years from the date set forth above the Recitals. IV. Payment of Fees: The Parties shall be responsible for payment of any fees charged by CAG for work performed by CAG on behalf of that respective community during the term of this Agreement. V. Authority of Managers/Letter of Intent Deadlines: The Gila County Manager and the Apache Junction City Manager are authorized to execute any and all documents required to carry out the intent of this IGA. Each Party shall provide to the other Party copies of the letter of intent required pursuant to Section 1 above prior to September 1, 2021, together with any and all other documentation or records required to carry out the provisions of this IGA. VI. Conflicts of Interest: The provisions of A.R.S. § 38-511 relating to termination of agreements due to conflicts of interest apply to this IGA. VII. Notices: Notices shall be mailed to the Parties as follows: City of Apache Junction Misty Moseley-Helber, Grants Administrator 300 E. Superstition Blvd. Apache Junction, Arizona 85119 Gila County Malissa A. Buzan, Community Services Director 1400 E. Ash Street Globe, Arizona 85501 2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first written above. CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk GILA COUNTY, an Arizona county By: Tim R. Humphrey Its: Chairman of the Board of Supervisors ATTEST: Marian Sheppard Clerk of the Board of Supervisors COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. R. Joel Stern, Apache Junction City Attorney Date Bradley D. Beauchamp, Gila County Attorney Date 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-307 Sponsor: Liz Langenbach Agenda Date:6/15/2021 Index: In Control: City Council Meeting Award of bid for the County Basin Dog Park Construction to Scholz Contracting, LLC, in the amount of$1,042,814.50, plus a 10% contingency($104,281.45)for any future unforeseen change orders for a total of$1,147,095.95. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 0 Z Cit o acjunction j p xe Home of the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: June 15, 2021 SUBJECT: Award of Contract for Off-Leash Dog Park Construction The City of Apache Junction has considered and planned for the development of an off-leash dog park for our community for over 10 years. It has been the subject of multiple plans, discussions, and research; however, funding was always a hurdle. In June of 2019, city council directed Parks and Recreation staff to begin the design of the dog park, coordinate an inter-governmental agreement with Pinal County for the identified location, and work towards identifying funds for construction. This past year has seen an incredible increase in growth in both commercial and residential development and we feel confident that we will be able to fund the dog park primarily through development fees (earmarked solely for new park developments). Corporate Partnerships and grants are an additional source of funding for this project. Maintenance of the park will be addressed through our general fund budget. There were 8 responsible bidders who submitted bids. Scholz Contracting, LLC was the apparent lowest bidder whom we have determined to be qualified to do this project. Based on the above, staff recommends a contract for the County Basin Dog Park Construction be awarded in the amount of$1,042,814.50 to Scholz Contracting, LLC. Additionally, we request authorization of a 10% contingency amount for any future unforeseen change orders to the contract for a grand total of$1,147,095.95. Attachments: Bid Opening Minutes 300 F.Superstition Blvd.•APACFIE TUNCTION,AZ 85119•www•aicitY.net *PHONE(480)983-2181*FAX(480)982-2438*TDD(480) 983-0095 BID OPENING MINUTES TITLE OF BID OPENING: County Basin Dog Park Construction Services BID PROJECT NUMBER PR-21-01 DATE OF BID OPENING: May 12, 2021 @ 10:00am Marked on Front black lettering Received Date 1 original "COUNTY BASIN DOG PARK Company Via Received Sealed &y copies CONSTRUCTION SERVICES Bid Amount Lincoln Constructors in person 5/12/2021 X X X $1,068,856.00 Ramada Alternate A $1,106,296.00 Scholz Contracting I in person 5/12/2021 X I X X $1,002,814.50 Ramada Alternate A $1,042,814.50 Chasse Building Team in person 5/12/2021 X X X $1,120,436.00 Ramada Alternate A $1,142,862.00 Falcone Brothers &Associates I in person 5/12/2021 X I X X $1,432,579.00 Ramada Alternate A $1,472,579.00 AJP Electric Inc in person 5/12/2021 X X X $1,142,336.10 Ramada Alternate A $1,170,336.10 Nickle Construction I in person 5/12/2021 X X X $1,104,947.00 Ramada Alternate A $1,136,447.00 Redpoint Contracting/Action Direct in person 5/12/2021 X X X $1,097,412.00 Ramada Alternate A $1,133,912.00 Edge Construction I in person 5/12/2021 X X X $1,198,121.94 Ramada Alternate A $1,233,247.86 Prepared by: Jill Bright enteredPROPOSED CITY OF APACHE JUNCTION AGREEMENT FOR COUNTY BASIN DOG PARK CONSTRUCTION SERVICES PROJECT NO. PR-21-01 THIS AGREEMENT made and into by and between CITYJUNCTION ("City"), an Arizonai i ! corporation, I , an Arizona corporation ("Contractor"),who shall be collectively referred "Parties", or individually " RECITALS A. Contractor responded to City's_request for bid { t beingconsidered "Contract Documents") i - 1- 1, in whichContractor its willingness, ability li i ti r ide this work and service(hereinafter referred the "Work"). B. City and Contractor desire to set forth hereintheir respective i ili ! the manner and terms upon whicht l r the Work. C. City has compliedi li bidding requirements r Arizona Revised StatuteTitle c ion City Code, Vol. I, Administration, i I -7: Procurement Procedures. THEREFORE, AGREEMENT City retainsContractor_ tr agrees to render servicesthe in accordancei conditions : performedr shall do and perform or cause to be done and i workmanlike r, the Work in accordanceitContract Documents fullyas cri in the NoticeInviting i r Project No. PR-21-01i includes l required ci i i . IPrices shall be governedr Exhibit r the performancer under the contract documents. COMPLETION: The total amount payable the City to the Contractor i Million, T Eight r Dollars FiftyCents ( 1 P_ ) "Contract „) for the performance of the Work under the Contract cuments except for changes authorized by properlytorders (contingency), i l % of the ContractSum, in Four Thousand, rEighty Dollars and Forty Five , 1 )for a total of One Million, i i Dollars iFive Cents ( , . All contractswillbe operable" for their full term"`t the rates quotedin the initial bid proposal, unlessi i writingCity. t! r i ready for t inspection r City representative shall promptly cause an inspection made. Once City finds the Work acceptabler the Contract , City shall promptly submit for processing a certificater payment stating , to the best of its knowledge, 1 information and beli the basisits observationinspection, Work has been completed in accordance withthe terms and conditionsthe Contractpartial payment r the entireContractor is payable. Final payment shallnot become due til the Contractor submits to the Cityit i waivers, releases r data establishing r satisfaction of allr t r' !i i . If any subcontractor refuses furnish release r waiver required ity, Contractor may furnish indemnify i againstclien. If any such lien i ti i r all payments are , Contractor shall refund to CityII monies that the latter may be compelledin discharging such liens, including l costs and reasonable . 4. CONTRACT TERM: The Term of this1 rmed from August 1, through2021 ions shall only be allowed as mutually agreed upon i writing Parties. MATERIALS: i t vi in the contract Contractor I! provide, insure under the requisite laws and regulations for all labor, materials, i t, tools and machinery, utilities, and servicesr the proper executionI i r temporary r permanent, r or not incorporated or to be incorporated in the 6. WARRANTY: Contractor shall guaranteer i defective r i r ordinary wear materials r periodr r t t i final acceptance tcontract, r and unusual abuse or neglect excepted. Any omissioni to condemn defective r materials at the timei ll not be deemed an acceptance tr r will be required correct ci r r materials at anyi beforefinal _ Within year from the date of final acceptance due to faultsi workmanship ri , Contractor shall beginI the necessaryrepairs i ti f City within ) calendar days of receipt ritten notice fromi rshall include' the repair or replacement r work or materialsr affected by making equipmentabove it r rr i ll i i l t i . r ri r r which warrantiesr required i t provisions of the Conr t Documents, Contractor shall provide or secure fromappropriate tr r addressed ! y r r" li r warranties i I! i prior t final acceptancethe Work. Delivery warranties I relieve Contr t r from any obligationr any other provision of the contract. The warrantiesr r i in thisi Il be in additiont in limitation of any other warrantees, r r remedies required survivelaw, and shall it tion of this Agreement fort iperiod mentioned 7. TAXES: Contractor shall pay alllicense,sales,consumer, use and other similar r the Workr portions thereofprovided r r "whichre legally enacted at the timei are received r or not yet effectiver subsequently applicablei i i r bodiesr than City. FEES: Unlessi providedin the Contract , Contractor 1! secure and pay for all permits, government fees, licenses inspections necessaryr the proper execution and completionr ich are customarily "securedr execution contract ish are legally required. Contractor shall give all notices comply with all ( ordinances, rules, r i r rpublic authority bearing r rk. City permitsr this Workill be providedContractor cost.at no Contractor represents r license r r under this Agreementis currentvalid. the activitydescribed herein itutes"doing businessin the City of Apache Junction" Contractor agrees to obtain businesslicense pursuant to Article - the Apache Junctioni . I,and keep such license current during the term of thistermination is Agreement any time Work is performedto the warrantyr i i in SectionContractor also acknowledgesr iiJunction applyif so, shall obtain a transactionprivilege license / r licenses required i activity r t within i limits ill invoke the same licensing regulations t r , and Contractorits subcontractors ill obtain any and all applicablelicenses. Further, Contractor agreesI applicable privilege rapplicable activities, i provided r this Agreement. CONTRACTOR:9. INDEPENDENT r I 1l times duringContractor's performancethe servicesi Contractor's independent Contractor. Contractor's shallemployees itcumstances be considered or heldr agents of City, and City shall have no obligationto pay or withhold stater federal , or provideworkers' compensationr unemployment insurance for or on behalf of them or Contractor. Contractor shall superviseitdelivery materials i its best skilli t as provided in thisAgreement, tr c r shall be solelyresponsible r all means, methods, techniques, cprocedures, and forcoordinating all portions of the Workrequired contractthe rshall be responsible to C! # omissions employees. . INDEMNIFICATION: To the fullest extent permittedContractor shall indemnify rCity, its elected and appointedofficers, officials, agents, and employees from i I liability including t limited I i , actions, , costs and expenses, including attor i , arising from or connected with or alleged to have arisenr connected with, relatingarising , or allegedresulted r negligent, intentional I errors, mistakes, omissions, r r services of Contractor, its agents, employees, r any tierf Contractor's subcontractors in the performancei r t. Contractor's to defend, holdharmless and indemnify i , its special districts, elected and appointedofficers, officials, agents, and employeesIarise in connectioni tortious claim, r expense that i attributable it injury, idisease, r injury to, impairment, destruction propertyincluding loss of use resultingtherefrom, tr r' negligent, intentional, r reckless errors, mistakes, i ions, Work or services in the performance this Agreementincluding IContractor, i r of Contractor'ssubcontractor or otherany person for whose acts, errors, mistakes, omissions, r i Contractor may be legally liable. . ENFORCED DELAYS( . Neither -City r Contractor, as the_ case may , shall be consideredt to have performed its obligationsthis r in the event of enforcedr Delay") its control and withoutits fault r negligence or failure to complyi i I laws, including, but not restricted God, fires, floods,epidemics, pandernics, restrictions, embargoes, labor disputes, and unusually severer or the delaysc r materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror(including but not li i i -t rr i r eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption,extortion, r similar occurrenceexercise r of eminent domain governmental body on behalf !i ti declaration rri r similar hiatus (whether permanent or ) by any publici it ly affecting the Project. In no event ill Enforced Delayinclude any delay resulting from unavait ili r any reason of labor r the unavailabilityr any reason of particularconsultants,subcontractors,vendors or investors desiredContractor in connectioni tactor agrees that Contractor alone will bear all risks of delayi re not Enforced Delay. In the event of the c rr any such Enforced Delay, the timer times for performancethe obligations claiming dl I r a periodr Iprovided, r, that the seekingParty i provisions is Section shall, within thirty ) calendar days after such Party knows or should know of any such Enforced , first notify the specific in writingi right i r the periodthe Enforced Delay; and providedr that in no event shallperiod f Enforced Delayi O calendar days. 12. GOVERNING LAW AND VENUE: The terms and conditions i rshall be governed interpreted in accordanceith the laws of the Stateof Arizona. i law or in equitybrought by either Party for the purpose of enforcing a right rights provided for in this Agreement, l be tried in a court of competent jurisdictionin Pinal County, State of Arizona. PartiesThe ivall provisions of law providingr a change of venue in such proceeding Agreementto any other county. In the event either Party shall bring suit to enforce any term of this or to recover the breach of any term or condition in this , it is mutuallyr ili in such actionshall recover all costs including: al iti ti I expenses,collection , reasonable witnessnecessary i in such action. . I Contractor, atit lmaintain minimum insurance t r additional requirementsherein. All insurance required r i I be maintainedin full force and effect until all work or service required r the termsf the Agreementis satisfactorilycompleted formally ; failure , at the solediscretion i constitute i I breach of this Agreement. Contractor's insurance ll be primaryinsurance as respect to City, insurance r self- insurance mai ined by City shallt contribute to i . Any failure comply i the claimi r i i insurance i ibreach an insurance liwarranty I t affect coverage afforded under the insurance policies protect City. The insurance li i , except Workers' Compensation, shall contain waiver of transfer rights recovery (subrogation) against City, i icers, officials and empl r any claims arising f Contractor's rr r , mistakes, omissions, r r services. The insurance li ies may provide coverageis contains i t r self-insure retentions. c deductible and/or self-insured retentions Il not be applicablei respect to the coverage r ided to City under such policies. Contractor shall be solelyresponsible deductible and/orself-insured retention i its option, require rsecure payment of such deductibles self-insured r !ons by a Sur r an irrevocable unconditional letter of credit. City reserves the right request and to receive i i )working days, certified copies any or all of the hereinit insurance li i and/or endorsements. City shall not be obligated, i ise Contractor of any deficienciesin such policies endorsements,and receipt !I not relieve Contractor waiver of i right insist ri illment of Contractor's obli ti i Agreement. The insurance li i Workers' Compensation, required by thisAgreement, ! City, its agent, officers, officials and employees as additional insured i . REQUIRED Commercial General Liability Contractor it maintain Commercial General Liability insurance it limit less than for each occurrencei ,000,000 Products/Completed OperationsProducts/Completed General Aggregate Limit. The policyshall include r bodily injury, broadrm property damage, personal injury, products and completed operationsblanket contractual coverage including, but not limited ,the liability r the indemnification provisions is Agreement which coverageill be at least as broad as Insurance iOffice, Inc. Policy Form - r the equivalent . In addition, it liability r of at ! million r occurrence or a combinedi le limit of at least$1,000,000is required. The auto liability licy should containit , non-owned autos and scheduled vehicles, as applicableto the Contractor'sbusiness. Such policy l ti sever ability interest provision, and shall not containt provision or commt i I provision ich would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad Insurance Servi i Inc.'Inc.'s Additional Insured, Form CG , or the equivalent , and ll include coverageContractor's operations t ri . If required i Agreement, if ContractorI the work, services or operations, Contractor shall purchasemaintain, at all times duringprosecution ! r operations r this Agreement, City and Contractor'sProtective i ili insurance policyr bodily injury and property , including th, which may arisein the prosecution Contractor's r ,service or operations under this Contract. Coverage shall be on an occurrence basisi limit not less than $1,000,000 per occurrence, and the policyshall be issued same insurance company that issues Contractor'sl Liability insurance. Workers' Compensation (Not Applicableto Soler ri r i Contractor shall carry Workers'Compensation insurance li i imposed by federal havingand state statutes ri i i Contractor's I in the performance of the workr ices; and Employees Liabilityinsurance of not less than $100,000 for each accident, 1 i r each employee, i li limit. In case any workis subcontracted, r will require subcontractor to provideWorkers' CompensationI Liability t least the same extent as requiredr. CERTIFICATE OF INSURANCE Prior to commencing r services under thisAgreement, Contractor shall furnish the Cityi Certificates r l endorsements as requiredAgreement, issued Contractor's i r ), as evidencet policies providingit rconditions limits required this r in full force and effect. In the event any insurance policiesrequired iwritten "claims basis, coverage shall extend for two (2)years past completion and acceptance of the Contractor's work or servicesi I Certificates of Insurance, filed icity clerk i . If a policy it ri life Agreement, a renewal certificate mustbe sent to City thirtyI ri r to the expirationl i iInsurance identified wi i serial number and title. Insurance required r in shall not expire, canceled, r materially changed withoutthirty O calendar prior written noticeCity. change orderis a writtenorder to Contractor, approved City representative, issued after execution of thisi rauthorizing i the Work or an adjustment in the constructionconstruction r ti A change order signed by Contractor indicates is agreement therewith. iwithout invalidating thi r i order changes in the Workwithin general this construction agr i iadditions, ! r revisions, construction agreementr ion agreement beingaccordingly. All such changes i the Work shallauthorized Order and shall be performedapplicable conditions i i agreement. City representative shal i minor changes in the Work not involving in the construction agr r extension of construction r t time and not inconsistent i intent i construction r . All such changes shall be effected by writtenorder and shall be bindingi r. 15. SUCCESSORS, ASSIGNMENT & DELEGATION: i rbind themselves, their partners,successors, assignslegal representativesthe other party hereto assignsand to the partners, successors, legal r r ti in respect to all covenants, agreements and obligationsi in the Contract . Neither to the contract shall assignr sublet it as a wholer delegate the dutieshereunder withouti fi of the other, nor shall Contractor assigni r to become due to or to becomeit withouti riCity. 1 . WRITTEN NOTICE: Writteni Il be deemed to have been duly served i delivered in personto the individual or member of the firmentity, or to an office corporation r whom it was intended or [ i t sent registered or certified mail, return receipt requested, first class i last businessr them who givesthe notice. 7. Contractor and/or its subcontractorsI be solelyresponsible r job safetyi REMEDIES: The dutiesobligations imposed by the contract documentsthe rights remedies it r shall be in addition limitation of any dut obligations, rights and remedies i imposed or available actionNo r failure to acti r Contractor shall constitute a waiverf any right r duty affordedr the contract, nor shall any actionr failure to act constitute approval f or an acquiescenceto any breachesr t as may be specificallyagreed to in writing. PAYMENT19. & PERFORMANCE BONDS: City shallrequire r ct r to furnish bonds covering it rmance of the contract and the payment of all obligations arising hereunder. 20. i CONTRACT: If, for any reason, tr t r shall fail to fulfill in a timely r r manner his/her obligations under the contract, if Contractor shallviolate` the covenants, r r stipulations of the contract, City shallright terminate thcontract iviwritten notice to Contractor of such terminationspecifying the effective date thereof. Notwithstanding the above, Contractor shall not be relieved i ility to City for damages sustained by City by virtuer contract tr r. City may terminate tr t at any timegiving t l r ) hours noticein writing Contractor.to If thecontract is terminatedi i herein, t r will be paidr the time expended and expenses incurred up to the termination . . All contractual rievances shall be submitted_ in writingto city r within five calendar days after the differenceii r grievance occursrelating f the provisions is Agreement. WithinC O calendar days of receiving ri grievance,the city l respond in writingto the company. The cityr' decision shall be final and binding, t only to a further appeal in the Pinal County Superior Court pursuant# 12-901, et seq. Records22. RECORDS: r _r' r, payroll and other costs pertainingi Agreementr recognized c ing basis and made availablei for i i request. Contractor shall maintainrecords for a periodt least three )years after termination of thisAgreement, and shall make suchrecords itable during thatretention period r examination or audit by City r l during regular business hours. AMENDMENT:23. It is mutuallyunderstood reed that no alteration or v ti termsthe conditions is Agreement shalli in writingsigned partiesrt that oral understandings or agreements not incorporated ri binding i ENTIRE24. AGREEMENT: This reement and any attachments represent it agreementi Contractor and supersedeall prior negotiations, representations or agreements, either express or implied, r( r oral. It is mutually understoodr t no alteration r variation of the termsconditions this rshall be valid in writingi the partiesWritten i t automatically becomeishall supersede any inconsistent rviitherein; provided, r, that any apparent !inconsistency shall be resolved, if possible, construing the provisions ! complementary 25. !LITY: City and Contractori t the execution, delivery performance of this Agreement are in compliancei Iapplicable laws. However, in the unlikely r i ion of this Agreementis declaredi r unenforceable (or is construedrequiring i in violationi laws, including constitutional r i i , regulation, or city ), such provisionlsevered from thisi rshall otherwise remain in full force ; provided that thiAgreement shall retroactively reformed reasonably possiblei mannersuch a so that the reformed agreementrelated reements effective as of the same date) provide essentially i i is and otherwise) to the Partiesif such severancereformation r t required. r i i applicable the Partiesr shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments igive effect to the purposesi t, as reformed. ESSENCE:26. TIME IS OF THE Time is of the essencei respect to allr vi i i this Agreement. in performance by either Party shalltit rial breach of this Agreement. 7. CONFLICT OF IThis Agreement- is subject to,and may be terminated City in accordancewith, the provisions - . 28. PROHIBITION CONTRACTORS' BOYCOTT OF THE STATE OF L: The Parties - through 35- 393.03, as amended, whichforbids i ii contracting it Contractors in boycottsf the State of Israel. Should Contractor under this Agreement engage in any such againstboycott t Israel, this Agreementi is terminated. Any such is a material breach of contractill subject Contractor to monetarydamages, including limited i 1 and liquidated . . COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands acknowledgesthe applicabilityAmerican i i ilii ,the Immigration Ref r Controlt of 1986 and the DrugWorkplace 1989 to the servicesr under thisr . As required 1, Contractor hereby warrantsits compliancei lfederal immigration i relate to i - ( . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility the employee throughthe E-Verify program. If Contractor uses any subcontractors( services,of r rwarrant it compliance withl r l immigration regulations relate to i -214(A), and subcontractors shallr warrantiing an employee, such subcontractorverifies ! eligibility of the employee through the E-Verify program. i ranty shall be deemed a material breachf the Agreementis subject to penaltiesincluding i i i Agreement. r r is subject to a penaltyf r day for the first violation, $500 per day for the second violation, it i ion. City at its optionterminate this Agreement after the thirdviolation. Contractor ! not be deemed in materialt i Agreement f Contractor and/orr ish compliance withemployment verification r i i i Immigration ti lit and the E-Verify requirementsi in -214(A). City retains legal right to inspect t rs of any Contractor or subcontractor employeeunder this t ensureto r r subcontractor is complyingi inspection ill be afterconducted reasonable noticeat reasonable i is amended, the Parties modifymay this raph consistent with1 . COOPERATIVE30. : City has enteredinto variouscooperative purchasingreements with otherArizonar i , including r iAlliance Volumefor Expenditures ! is contract may be extended for use by other municipalities, schoodistricts r t agencies in the State of Arizonai of Contractor. Any such usage by other entities in accordance withstatutes, ordinances, Ior procurement rul l irespective agency. Orders placed by other agenciest thereof will be the sole responsibility that agency. City shall not be responsiblei rii t of transactions others. partiesIN WITNESS WHEREOF the r this rsigned their duly authorizedrepresentative i f2021. SCHOLZ li � , . CONTRACTING, L i limited mom„ Title- ared fScholz i r i t CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation: It i it Title: Jennifer , City Clerk W FORM- Wichard J. Stern City Attorney STATE OF I&I I�Qd COUNTY .* foregoingThe isworn May -, 2021 , by Jared Scholz, as Vice President of ScholzContracting, an Arizona limited liability lii My Commission Expires: R K R � BUC- P UNTY �MAR PACO hQtSUh 3,Y STATE OF I foregoingCOUNTY OF PINAL The ribed and sworn before me this , 20 , by Walterip" Wilson, as Mayor of the City Junction, i municipal r ti . Notary Public My Commission Expires: City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-295 Sponsor: Chip Wilson Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation of Proclamation recognizing May 2021 as Mental Health Awareness Month. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 1 ' r Vrorlamatton P,„Z PIZONA MENTAL HEALTH AWARENESS MONTH MAY 2021 WHEREAS, the month of May is Mental Health Awareness Month and an estimated one in five Americans experience mental illness; and WHEREAS, almost all Americans across the country have been touched by mental illness, either directly or through someone we care about — regardless of geography, politics or economics; and WHEREAS, cities' public safety services and other first responders often bear the burden of under resourced mental health care; and WHEREAS, mental illness disproportionately affects the most vulnerable in our cities - those living at the intersection of homelessness, poverty, and mental health; and WHEREAS, our federal and state leaders must do more and invest in solutions that will save lives - and ultimately, save taxpayer dollars by helping people manage treatable diseases and avoid costly emergency room visits or inpatient hospital stays; and WHEREAS, investing in prevention and promotion of mental health will yield substantial cost-benefits and improve social outcomes in every aspect of our communities; and NOW, THEREFORE, I, Chip Wilson,Mayor of the City of Apache Junction,Arizona, do hereby proclaim May 2021 as: MENTAL HEALTH AWARENESS MONTH Signed and attested to this day of ,2021. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-313 Sponsor: Chip Wilson Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation of Proclamation in support of the federal funding of water conservation infrastructure in the San Carlos irrigation and drainage district. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 jorortamatt' on WHEREAS, the San Carlos Irrigation and Drainage District"SCIDD"was formed in 1928 which is a water supply consisting primarily of Gila River water and groundwater provided by San Carlos Irrigation.Project"SCIP"; and WHEREAS, SCIDD's system, which contains over 200 miles of unlined canals and laterals, is more than 100 years old and loses excessive amounts of water each year; and WHEREAS, SCIDD currently is in the process of improving canals and facilities that serve all 100,000 acres of SCIDD and Gila River Indian Community"GRIC"lands within SCIP, with funds from the Arizona Water Settlements Act of 2004; and WHEREAS, water scarcity in Pinal County is an increasingly acute issue, and a canal lining project would yield significant water conservation savings estimated at more than 50,000 acre-feet annually; and WHEREAS, SCIDD will exhaust all of its available funding prior to the completion of the next canal project,precluding rehabilitation of more than 18 miles of old, unlined main canals and regulatory reservoirs, and over 200 miles of earthen laterals; and WHEREAS, the only impediment to the success of SCIDD's canal rehabilitation program is the lack of sufficient funds, with the project estimated to cost approximately$300 million and includes construction of a 300 acre-foot mid-system regulatory reservoir; NOW THEREFORE, I Chip Wilson, Mayor of the City of Apache Junction, Arizona do hereby proclaim: 1. The City Council supports the current efforts in the United States Congress to enact water infrastructure legislation to improve the conservation of water with existing projects and to construct new projects needed to increase the supply of water for Arizona. 2. The City Council supports congressional efforts to procure the necessary water conservation and infrastructure funding at the next possible funding opportunity, to safeguard Arizona's precious water supplies for the well-being of Arizona's citizens, communities, environment and economy. Signed and attested to this day of , 2021. WALTER"CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-292 Sponsor: Chip Wilson Agenda Date:6/15/2021 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-253 Sponsor: Bryant Powell Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation and discussion by Tony Smith from Pinal Partnership regarding new projects and future plans. 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Uk.k4L:'Y{if:;3Yx.!b`UY'JY..4`F.'�tYs!;UY„A',Y,'�bv;'uvi:Ri�c�iYXiYYYW,2k?`3Y�aYYNiY55"NfN,&3zU2Y'uYYU!?l.Yv2YY,'itAY:Y"Y"sY Pinal County continues to be the fastest growing county in Arizona with some of Future projects include: the most exciting possibilities in the country. Nowhere else: can you mind the •Pina) Count digital and print ma combination of new roads, new housing, innovative economic development and Y g p p beautiful recreational open space, •Three-Year Strategic Plan Pinal Partnership formed in 2005 to Elting together people who vfrniit the very best •Membership survey for Pinal County, Our members represent industry leaders throughout Pinal County including agriculture, home building, manufacturing, training, renewable •Special projects and events to support community development energy and tOUrism as well as state,county and city/town government leadership, II=1 M t= M z }} THANK YOU ! PINAL PARTNERSHIP uniting the Vision for Pinal Counry City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 21-289 Sponsor: Bryant Powell Agenda Date:6/15/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 21-308 Sponsor: Bryant Powell Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation and update from the Youth Advisory Council (YAC)on recent accomplishments. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 21-314 Sponsor:Al Bravo Agenda Date:6/15/2021 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 21-297 Sponsor:Joel Stern Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Resolution No. 21-25 a resolution of the mayor and city council of City of Apache Junction, Arizona, authorizing the mayor to execute the procedural pre-annexation agreement for the Auction Property between the City of Apache Junction, the Arizona State Land Department and D.R. Horton, Inc. Arizona State Land Department and D.R. Horton, Inc. representatives will be available to answer any of the council's questions. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: June 15, 2021 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: PROCEDURAL PRE-ANNEXATION AGREEMENT (AUCTION PROPERTY); OUR FILE NO. 21-013 On June 1, 2021 a work session was conducted to discuss Resolution No. 21-25 which authorizes the mayor to execute a procedural pre-annexation agreement ("PPA") relating to the development agreement ("DA") with D.R. Horton, Inc. ("Developer") for the development of approximately 2,800 acres to be annexed into the city for the housing community located roughly north of SR 24 and Meridian Drive (the "Auction Property") called Superstition Vistas. The PPA gives the Developer and the Arizona State Land Department ("ASLD") certain assurances relating to the approval process for the DA which will likely be scheduled for consideration in July or August of 2021. ASLD and the Developer desire the ability to stop the annexation of the Auction Property if: 1) any person files with the city clerk a referendum petition with the required number of signatures pursuant to A.R.S. Title 19 challenging the DA, the annexation itself or the rezoning of the Auction Property; 2) the city council fails to approve the rezoning at the same council meeting as the annexation; 3) the city council fails to approve the DA at the same council meeting as the rezoning; or 4) the city council fails to approve the community facilities districts at the same council meeting as the rezoning. All of these entitlements are dependent upon each other and it is reasonable for the Developer and ASLD to be able to rely on the orderly process set forth in the PPA. Staff recommends approval of this structured process and Resolution No. 21-25 authorizing execution of the PPA. R. Joel Stern City Attorney AUCTION PROPERTY RESOLUTION NO. 21-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE THE PROCEDURAL PRE-ANNEXATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION, ARIZONA STATE LAND DEPARTMENT AND D.R. HORTON, INC. WHEREAS, on November 4, 2020, D.R. Horton, Inc. ("Developer") was the successful bidder at a public auction conducted by the Arizona State Land Department ("ASLD") for approximately 2, 800 gross acres of real property (the "Property") located within the roadway alignments of Elliot Avenue, Idaho Road, Ray Avenue, and Meridian Drive, currently under unincorporated Pinal County jurisdiction; and WHEREAS, as the successful bidder, Developer was thereby entitled to purchase the Property from ASLD with the express condition that the Developer entitle and develop the Property as a mixed-use master planned community, and WHEREAS, Developer desires to enter into a Procedural Pre- Annexation Agreement ("Agreement") with the City, enter into a development agreement ("DA") with the City, annex the Property into the City' s municipal limits in accordance with A.R. S . § 9- 471 and with the cooperation of ASLD, process applications in the City requesting rezoning the Property to master planned community zoning district, and process applications in the City requesting the formation of one or more community facilities districts ("CFDs") ; and WHEREAS, City is desirous of entering into this Agreement and annexing the Property in accordance with A.R. S . § 9-471 and is willing to process Developer ' s and ASLD' s request for annexation and applications for the rezoning and establishment of one or more CFDs in accordance with applicable law and the terms and conditions of the DA; and WHEREAS, the Agreement is authorized under A.R. S . § 9- 500 . 05 to facilitate annexation of the Property for future development and to provide for a procedure to prevent the proposed annexation from becoming effective in the event that any of the following events occur: (1) any person files with the city clerk a referendum petition with the required number of signatures pursuant to A.R. S . Title 19 challenging the validity of the development agreement, the annexation, and/or the rezoning; (2) the City does not approve the rezoning at the same RESOLUTION NO. 21-25 PAGE 1 OF 2 council hearing as adoption of the annexation; (3) the City does not approve the development agreement concurrently with the rezoning; or (4) the City does not approve the formation of one or more CFDs concurrently with the rezoning. In furtherance of the intent of the parties to provide for a procedure to prevent the annexation from becoming effective in the event that any of these enumerated conditions occur, the parties agree that for the purposes of A.R. S . § 9-500 . 05 the "annexation proceedings" shall be deemed complete and this Agreement shall be operative immediately upon the adoption of the annexation ordinance . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, that: The mayor is authorized to execute the procedural pre- annexation agreement between the City of Apache Junction, Arizona State Land Department and D.R. Horton, Inc . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF r 2021 . SIGNED AND ATTESTED TO THIS DAY OF f 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-25 PAGE 2 OF 2 When recorded,return to: Development Services City of Apache Junction 300 Superstition Boulevard Apache Junction,Arizona 85119 PROCEDURAL PRE-ANNEXATION AGREEMENT This Procedural 9rc-Anoormhou Agreement ("Agreement") is oo1orcd into this day of , 2021, by and between the CITY OF AP/\CDE JUNCTION, Arizona, on Arizona municipal corporation ("City"), D.R. lUOR7DN, INC ("Developer"), and the ARlZ(]N/\ STATE LAND DEPARTMENT ("ASLD")(collectively,tbo "Portica"). RECITALS A. The subject of this Agreement consists of approximately 2,0UU gross uorca of real property located within the roadway alignments of Elliot Avenue, Idaho Road, Ray Avenue, and Meridian Drive, adjacent to the City limits in Pinal County,Arizona,legally described in Exhibit A(Legal Description ofthe Property) and depicted in Exhibit B (Map of the Property), both of which are attached hereto and incorporated herein by reference(the^`9ropedv`). B. On November 4, 2020, the [)cvn|opor was the un000euDd bidder at u public auction conducted by the ASLD and is thereby entitled to purchase the Property from the ASLD pursuant to the terms of Certificate of Purchase No. 53-120910 and subject to the terms of the Participation and ln5meknotnru Contract RogordingA8l.[) Sale No., 53-120190. executed onNovember 12` 2020 between the Developer and the /\8L[) ("Participation Contract") with the express condition that the Developer entitle and develop the Property uaa mixed-use master planned community. C. Subject to the terms and conditions of this Agreement, Developer may desire 10 enter into u development agreement with the City ("Development Agreement"), annex the Property into the Chy'a municipal limits in accordance with A.R.S. § 9-471 and with the cooperation of the ASLD("Annexation"), process applications in the City requesting rezoning the Property to Master Planned Community zoning district ("Rezoning"), and process applications in the City requesting the fhnou1nu of one or more community facilities districts <"CFDa"). D. City is desirous of entering into a Development Agreement and annex the Property in accordance with A.AL.S. O 9-471 and is willing to process Developer's and/\8L.I)`*request for Annexation and applications for the Rezoning and establishment of one or more CFDs in accordance with applicable law and the terms and conditions o[this Agreement. E. The Parties have determined it is in their best mutual interest to annex the Property into City'n municipal |boita and, subject tothe 6nu1 and effective adoption of the Annexation and Rezoning applications, for Developer to process the Rezoning, CF[)e, ondotbcrappnovalminthoCity. F. ThcParticamccntchngintodhimAoroenentpurauanttodhoprovioionoinA.R.S. 89-500.05 in order to facilitate annexation of the Property for future development and to provide for uprocedure to prevent the proposed annexation from becoming effective in the event that any ofthe following cvon1* occur: (|)any person files with the city clerk u referendum petition with the required nuoihcrofaignuturoo pursuant 1oA.K.8.Title |9 challenging the validity of the Development Agreement,the Annexation,and/or the Rezoning; (2) the City does not approve the Rezoning at the same Council hearing ua adoption otthe Annexation; (3) the City does not approve the Development Agreement concurrently with the Rezoning; or (4) the City does not approve the formation of one or more CFDs concurrently with the Rezoning. In. furtherance of the intent of the parties to provide for a procedure to prevent the Annexation from becoming effective in the event that any of these enumerated conditions occur,the Parties agree that for the purposes of A.R.S. § 9-500.05 the"annexation proceedings" shall be deemed complete and this Agreement shall be operative immediately upon the adoption of the Annexation Ordinance(as such ordinance is further defined below). G. The Parties neither desire nor intend that this Agreement shall in any way affect,hinder or interfere with the ability of City's governing body (the "City Council") (i) to approve or deny the Development Agreement,Annexation,Rezoning,and/or CFD applications and/or(ii)to impose conditions of approval in connection with the approval of Rezoning, provided, for purposes of this Agreement, such conditions are acceptable to the ASLD and the Developer. NOW,THEREFORE,in consideration of the foregoing premises and agreements herein,the Parties hereto state,confirm and agree as follows: AGREEMENT I. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement as though fully restated. 2. Initiation of Annexation Processes. Upon Developer's request, City agrees to initiate the Annexation and to issue an Annexation petition to the ASLD and the Developer. Concurrent with an Annexation ordinance for the Property (the "Annexation Ordinance")being introduced for consideration by the City Council, City will also introduce for consideration by the City Council an ordinance for City's proposed initial zoning classification for the Property(the"Equivalency Zoning Ordinance")(collectively, the "Annexation and Equivalency Ordinances"). The Annexation and Equivalency Ordinances will be introduced for consideration by the City Council no later than October 17,2021. 3. Development Agreement, Rezoning, and CFD Applications and Effectiveness. Developer agrees to apply to City for the Rezoning. City agrees to process such application in accordance with applicable law and the terms and conditions of this Agreement. If Developer makes applications for the Development Agreement,Rezoning,and CFDs prior to the Annexation and Equivalency Ordinances being introduced to the City Council for its consideration, then City shall schedule, advertise, and conduct hearings regarding the Rezoning before the City's Planning & Zoning Commission and the City Council and hearings regarding the Development Agreement and CFDs before the City Council so that Developer's applications for the Development Agreement, Rezoning, and CFDs are considered by the City Council concurrent with the Annexation and Equivalency Ordinances. If the City Council approves the Development Agreement,then the effective date of the Development Agreement shall be concurrent with the date and time of the Annexation and Equivalency Ordinances. If the City Council approves the Rezoning application and finally adopts the Rezoning Ordinance, then the effective date of the Rezoning Ordinance shall be established as being immediately after the effective date of the Annexation and Equivalency Ordinances. If the City Council approves the CFD application and finally approves formation. of the CFDs,then the effective date of the CFD formation shall be established as being immediately after the effective date of the Annexation and Equivalency Ordinances. In the event that the Council determines that it is in the best interests of the City to continue the consideration of the Development Agreement, Rezoning, and/or the CFDs to a date following the date of its approval of the Annexation Ordinance,then the Council will reconsider the Annexation Ordinance and will continue it to the same date as the continued consideration of the Development Agreement,Rezoning Ordinance and CFDs. 4. Annexation and Equivalency Ordinances Adoption and Effectiveness. City agrees that at any time prior to the City Council's adoption of the Annexation Ordinance or if the City Council continues the matter, ASLD and/or Developer may withdraw the Annexation petition for the Property and the City 2 will accept such withdrawal and take no further action with respect to the Annexation petition.In the event the City Council adopts the Annexation and Equivalency Ordinances and such Ordinances are not timely rescinded by the City Council or challenged by referendum, the Annexation and Equivalency Ordinances will become effective thirty (30) calendar days after being adopted by the City Council as prescribed in A.R.S § 9-471. In the event (a) the Developer withdraws its Rezoning application, (b) the City Council denies or fails to approve the Development Agreement, Rezoning, and/or CFD applications concurrently with the Annexation and Equivalency Ordinances, or (c) the Annexation Ordinance, the Equivalency Zoning Ordinance,the Development Agreement,the Rezoning Ordinance and/or the CFDs formation are challenged by reconsideration or referendum, the City Council shall (by motion for reconsideration or other appropriate means) schedule, advertise, and conduct a City Council hearing to rescind the Annexation and Equivalency Ordinances prior to the effective date of the Annexation and Equivalency Ordinances. City agrees that at such hearing (for reconsideration or otherwise), City shall repeal the Annexation Ordinance and the Equivalency Zoning Ordinance. 5. No Effect on Rezoning Applications.The Parties agree that nothing in this Agreement shall affect the ability of the City Council to approve or deny the Rezoning applications and/or to impose conditions of approval on the City's approval of the Rezoning,provided, for purposes of this Agreement, such conditions are acceptable to the ASLD and the Developer. 6. No Requirement to Proceed. The Parties agree that nothing in this Agreement shall require any of the Parties to proceed with the proposed Annexation, the proposed Rezoning and/or development of the Property. 7. Proposition 207 Waivers. On or before the Annexation and Equivalency Ordinances are placed on the City Council's agenda for introduction and tentative approval, ASLD and Developer shall provide to City a completed "Proposition 207 Waiver" applicable to the Annexation and Equivalency Ordinances in a form acceptable to the City's legal counsel. The Parties acknowledge and agree that City will record the waiver form. ASLD and Developer shall also provide to City a separate completed Proposition 207 Waiver form acceptable to City's legal counsel in connection with the Rezoning.,but such Proposition 207 Waiver is conditioned on ASLD and Developer consent to any conditions of approval imposed by the City Council, which consent will not be unreasonably withheld, conditioned, or delayed, at the same Council hearing as adoption of the Annexation and Equivalency Ordinances. The Parties acknowledge and agree that City also may and most likely will record the waiver form. Each Proposition 207 Waiver form shall provide for the automatic termination of such Proposition 207 Waiver in the event the Annexation and Equivalency Ordinances, the Development Agreement, the Rezoning Ordinance, and/or the CFDs are not approved concurrently with the Annexation and Equivalency Ordinances, or are rescinded,repealed or otherwise of no effect. 8. Miscellaneous. a. Good Standing;; AuthoritX. Each of the Parties represents and warrants to the other that it is duly formed and validly existing under the laws of Arizona and that the individual(s) executing this Agreement on behalf of their respective Party is authorized and empowered to bind the Party on whose behalf each such individual is signing. b. Default and Remedies.In the event City is in default hereunder,Developer and/or ASLD shall have all remedies available at law or in equity(including expedited equitable relief); whether under this Agreement or otherwise. c. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Arizona.This Agreement shall be deemed made and entered into in Maricopa County,Arizona. d. Development Agreement. This Agreement is intended to be a "Development Agreement" within the meaning of A.R.S. § 9-500.05. 3 e. Waiver. No waiver by any Party of a breach of any of the terms or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term or condition contained herein. f. Severability. In the event that any phrase, clause, sentence,paragraph, or other portion of the Agreement shall be illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in full force and effect to the fullest extent permissible by law and the Parties will negotiate diligently in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. g. Attorneys' Fees. If any judicial proceeding is initiated by any Party hereto with respect to this Agreement,the prevailing Party shall be entitled to recover,in addition to any other relief to which it is entitled, its costs and expenses incurred in connection with such legal proceeding, including,without limitation, its reasonable attorneys'fees. h. Notices. All notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been fully delivered upon personal delivery or as of the second business day after mailing by United States Mail, postage prepaid, by Certified Mail, return receipt requested, addressed as follows: To City: City Manager City of Apache Junction 300 Superstition Boulevard Apache Junction,Arizona 85119 Copy to: City Attorney City of Apache Junction 300 Superstition Boulevard Apache Junction,Arizona 85119 To Developer: D.R.Horton, Inc. 20410 N. 19th Avenue, Suite 100 Phoenix,Arizona 85027 Attention: Legal Department Copy to: Dana Stagg Belknap Gallagher&Kennedy 2575 E. Camelback Road Phoenix,Arizona 85016 ASLD: Arizona State Land Department 1616 W.Adams Phoenix,Arizona 85007 Attention: State Land Commissioner Copy to: Arizona Attorney General 2005 N. Central Avenue Phoenix,Arizona 85004 4 Attn: Natural Resources Division Notice of address may be changed by any Party by giving notice to the other Parties in writing of a change of address. Such change shall be deemed to have been effectively noticed five(5)calendar days after mailed by the Party changing address. i. Time of Essence. Time is of the essence of this Agreement. j. Effective Date.This Agreement is entered into effective as of the date of full execution by the Parties. k. Recordation. No later than ten(10) calendar days after the effective date, the City will record this Agreement in the Official Records of Pinal County. 1. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations, and understandings of the Parties hereto, oral or written, are hereby superseded and merged herein. m. Amendments. This Agreement may be amended only by a written agreement fully executed by the Parties. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates written above. CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVAL AS TO FORM: Richard J. Stern City Attorney 5 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of 2021,by Walter"Chip"Wilson,Mayor of City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires. 6 D.R. [<[)RT(}N^Inc., uDcbnvurc corporation Its: STATE OF } / ey. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of 2021,by ,the ofI).T\. Horton,Inc. o[)e|ovvore corporation. Notary Public My Commission Expires: 7 ALSD: STATE OF ARIZONA, acting by and through the ARIZONA STATE LAND DEPARTMENT By: Lisa Atkins Its: Commissioner STATE OF ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2021,by Lisa Atkins, Commissioner of the Arizona State Land Department, State of Arizona. Notary Public My Commission Expires: 8 EXHIBIT A EXHIBIT"A-1" AUCTION PROPERTY BOUNDARY DESCRIPTION THOSE PORTIONS OF SECTIONS 17, 18, 19, 20&30 TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 24,TOWNSHIP 1 SOUTH, RANGE 7 EAST, BEING MARKED BY A 1/2 INCH REBAR WITH NO MARKINGS, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 30, BEING MARKED BY U.S. GENERAL LAND OFFICE (GLO) BRASS CAP, BEARS NORTH 00 DEGREES 38 MINUTES 44 SECONDS WEST, 371.05 FEET; THENCE ALONG THE RANGE LINE BETWEEN RANGE 7 AND RANGE 8, NORTH 00 DEGREES 38 MINUTES 20 SECONDS WEST, 2635.63 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 24 TOWNSHIP 1 SOUTH RANGE 7 EAST, BEING MARKED BY A U.S. GLO BRASS CAP 1911, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 19, BEING MARKED BY A 1/2 INCH REBAR WITH NO MARKINGS, BEARS NORTH 00 DEGREES 36 MINUTES 56 SECONDS WEST, 377.08 FEET; THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 39 MINUTES 07 SECONDS WEST, 2633.06 FEET TO THE SOUTHEAST CORNER OF SECTION 13,TOWNSHIP 1 SOUTH, RANGE 7 EAST, FROM WHICH THE NORTHWEST CORNER OF SECTION 19,TOWNSHIP 1 SOUTH, RANGE 8 EAST, BEING MARKED BY A U.S. GLO BRASS CAP 1911, BEARS NORTH 00 DEGREES 32 MINUTES 24 SECONDS WEST, 384.90 FEET; THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 38 MINUTES 27 SECONDS WEST, 2637.95 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 13, BEING MARKED BY A CITY OF MESA BRASS CAP IN HANDHOLE; THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 37 MINUTES 35 SECONDS WEST, 2637.63 FEET TO THE SOUTHEAST CORNER OF SECTION 12,TOWNSHIP 1 SOUTH, RANGE 7 EAST, BEING MARKED BY A CITY OF MESA BRASS CAP IN A HAND HOLE, FROM WHICH THE SOUTHWEST CORNER OF SECTION 7,TOWNSHIP 1 SOUTH, RANGE 8 EAST, BEARS NORTH 00 DEGREES 39 MINUTES 10 SECONDS WEST, 389.32 FEET, BEING MARKED BY A PK NAIL WITH TAG LS#28237; THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 39 MINUTES 10 SECONDS WEST, 75.01 FEET; THENCE DEPARTING SAID RANGE LINE, SOUTH 89 DEGREES 37 MINUTES 16 SECONDS EAST, 1403.26 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, FROM WHICH THE CENTER BEARS SOUTH 87 DEGREES 35 MINUTES 22 SECONDS EAST, 1057.78 FEET; THENCE ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 04 DEGREES 03 MINUTES 48 SECONDS,AN ARC LENGTH OF 75.02 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, FROM WHICH THE CENTER BEARS NORTH 00 DEGREES 22 MINUTES 44 SECONDS EAST, 10,000 FEET; Project No.: 19123 Location: Pinal County File: 19123-AUCTION BOUNDARY Hubbard Engineering(Mesa, AZ) Page 1 of 3 aburcham9hubbardengineering.com THENCE ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 12 DEGREES 10 MINUTES 01 SECONDS,AN ARC LENGTH OF 2123.54 FEET TO REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10,000 FEET; THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 33 MINUTES 00 SECONDS,AN ARC LENGTH OF 2015.84 FEET TO THE NORTH LINE OF SAID SECTION 18; THENCE NORTH 89 DEGREES 45 MINUTES 42 SECONDS EAST,ALONG SAID NORTH LINE,703.03 FEET TO THE NORTHWEST CORNER OF SAID SECTION 17, BEING MARKED BY A BRASS CAP IN HAND HOLE; THENCE NORTH 89 DEGREES 45 MINUTES 01 SECONDS EAST,ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, 2642.26 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 17, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE NORTH 89 DEGREES 47 MINUTES 05 SECONDS EAST,ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, 2643.87 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17, BEING MARKED BY A BRASS CAP STAMPED "S8/S9/S17/S16 LS#35306"; THENCE SOUTH 00 DEGREES 17 MINUTES 14 SECONDS EAST,ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 2641.27 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 17 MINUTES 40 SECONDS EAST,ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 2641.37 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 17, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE SOUTH 00 DEGREES 16 MINUTES 27 SECONDS EAST,ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, 2640.94 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE SOUTH 00 DEGREES 15 MINUTES 27 SECONDS EAST,ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20, 2641.55 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 20, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE SOUTH 89 DEGREES 46 MINUTES 57 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 2643.35 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 20, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE SOUTH 89 DEGREES 48 MINTTES 18 SECONDS WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, 2643.70 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 19, BEING MARKED BY A BRASS CAP IN HAND HOLE; THENCE SOUTH 89 DEGREES 45 MINUTES 57 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SECTION 19, 702.14 FEET TO THE BEGINNING OF TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10,000 FEET; Project No.: 19123 Location: Pinal County File: 19123-AUCTION BOUNDARY Hubbard Engineering(Mesa, AZ) Page 2 of 3 aburcham9hubbardengineering.com THENCE ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 17 MINUTES 44 SECONDS,AN ARC LENGTH OF 1971.47 FEET TO A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 10,000 FEET; THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 55 MINUTES 54 SECONDS,AN ARC LENGTH OF 2082.47 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 53 SECONDS WEST, 1419.06 FEET TO THE POINT OF BEGINNING. SAID PARCELS CONTAIN 121,232,960 SQUARE FEET OR 2,783.13 ACRES MORE OR LESS. LOU 41282 ADRIAN M. a o BURCHAM o. Sj9ned 4�' 9R�2ONA U Project No.: 19123 Location: Pinal County File: 19123-AUCTION BOUNDARY Hubbard Engineering(Mesa, AZ) Page 3 of 3 aburcham9hubbardengineering.com 1201 S.Alma School Rd. rs2,, Suite 12000 +f Mesa,AZ 85210 Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m BASELINE ROAD ALIGNMENT KEY MAP NTS SEC. 6, N TIS, R8E C2 � F lE .jfL — SEC. 7, 41282 y� Fo T 1 S, RSE _ SEC. 8, ADRIAN M. a TIS, R8E SEC. 9, o BURCHAM —�T1s1 R8E �a �,. S, 9ned Quo. • N.T.S. I � R Z�NA U.S- SEC. 18, T 1 S, R8E SEC. 16 T 1 S, R8E ISHEET I SHEET I T1S, R8E ►J 3 4 Imo- _� . SEC. 19, SEC. 20, SEC. 21, SEC. 22, T 1 S, R8E I I T 1 S, R8E I T 1 S, R8E T 1 S, R8E SHEET' I : SHEET 2 5 _ I I — — — NJ SEC. 28, SEC. 27, — SEC. JO, SEC. 29, I T1S, R8E ( T I S, RSE T 1 S, R8E T 1 S, R8E SEC. 31, SEC. 32, SEC. 33, SEC. 34, T 1 S, R8E T 1 S, R8E T I S, R8E T 1 S, R8E ASLD 8500 Project No. Date AUCTION PROPERTY BOUNDARY 19123 05/05/20 Sht. 9 of 6 EXHIBIT 'A-1" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 12000 ors ' Mesa,AZ 85210 I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g . c o m SEE SHEET 3 SE COR., T1S,CR7E, o �' I GLO I GLO NOTHING ^\ o LOT 2 LOT 1 FND. N W. 1/4 COR., o ' W GLO GLO SEC. 19 o I LOT 5 I LOT 6 T 1 S, R8E, O z J FND. 1/2" z REBARNO — - - - — _ SEC. 19, MARKINGS � O'J656"W 377.08'(TIE) T 1 S, R8E E. 1/4 COR., °j I I ( N.T S. SEC. 24 o GLO GLO � LIJ T1S, R7E, � LOT 8 LOT 7 \F T FND. U.S. CO GLO BC 1911 NZ�t I I I ,,, 41282 `moo W N ADRIAN M. I cry RANGE LINE � ��. - - - - — — oguRCHAMtio. R7E/R8E O c' = S/9ned NW COR., "o p No v, o I GLO I GLO I 9R�I�NA T1S,CR8� � z o LOT 11 ' LOT 12 I FND. U.S. z S. LINE, SEC. 19, T 1 S, R8E GLO BC S89°4557"W 6152.23' _ P.O.B. LNO*J844"W 371.05'(TIE) a=11°17'44 L5 SE COR., I I ' 1 I .00 SEC. 24 N89°3553"W = T1S, R7E, 1419.06' GLO R=10000.00 =1971.47' FND. 1/ "2 � GLO � LOT 2 L=2082•47 I REBAR �n LOT 3) I GLO NO MARKING "' M' _ _ LOT 1 SEC. 30, NO°37'37"W o N GLO ( GLO ( GLO T1 S, R8E 2634.56 z f E. 1/4 COR., LOT 4 LOT 5 LOT 6, , SEC. 25, W 1/4 COR., T 1 S, R7E, SEC, JO, T 1 S, R8E, FND. MC BCF FND. A.C.F. ASLD 8500 IIIIIIIIIIIIIIIF Project No. Date AUCTION PROPERTY BOUNDARY 19123 05/05/20 Sht.2 of 6 EXHIBIT 'A-1" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 12000 ors ' Mesa,AZ 85210 I N E E R 6 N G Ph:480.892.3313 w w w h u b b a r d e n g i n e e r i n g . c o m E. 1/4 COR., W SEC. 12 T1S, R7E, � - Ui o) RADIAL BRG SEC. 7, FND. C.0.M T1S, R8E BC o `D I N00°2244E , N z o I I GLO GLO SW COR., o o cam,J I LOT 11 LOT 12 SEC. 7 z �' W ( I T 1 S, R8E, cod I N. LINE, SEC. 18, T 1 S, R8E FND. PKNTLY I S89°45 42 W 6219-80 — RLSL B - S87J522 3 3 0 0 1128237 ---- -10000.00'� n C1 4=12°1001 ( R =2015.84' SE COR. EoR=10000.00 LSEC. 12 �� I GLO L=2123.54 GLO T1S, R7E, Z2 Ln � o LOT 2 LOT 1 FND. C.O.M � co-\Z BCHHZ2o co w CX3o GLO GLO 'Z z LOT 5 LOT 6 'U) E. 1/4 COR., z z �' SEC. 18, SEC. 13 — —{- — — �— - T1S, R8E N.T S. TIS, R7E, FND. C.0.M BCHH o I GLO I GLO u LOT 8 LOT 7 �e "� � . F� ao o I I I La41282 14 - 00ADRIAN MBURCHAMRANGE LINEi- - - - - - - - SjgnedR7E/R8E � 'ZONA U.sNW COR., GLO GLO SEC. 19 `'' pLOT 11 LOT 12 T 1S, R8E, d FND. U.S. NO°32'24 V ".I- S LINE, SEC. 18, T I S, R8E — GLO BC 384.90' TIE ' SEE SHEET 2 ASLD 8500 Project No. Date AUCTION PROPERTY BOUNDARY 19123 05/05/20 Sht.3 of 6 EXHIBIT 'A-1" Project Manager Project Eng. Pinal County, Arizona I I ADRIAN BURCHAM 1201 S.Alma School Rd. rs2,, Suite 12000 +f Mesa,AZ 85210 Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g . c o m I I . NW CORNER, SEC. 17, N. 1/4 CORNER, SEC. T 1 S, R8E, 17, T 1 S, RBE, FND. FND. BCHH GLO BRASS CAP N89°45'01"E 2642.26' N89°47'057- 2643.87' I L4 n \� N. LINE, NW 1/4, N. LINE, NE 1/4, SEC. 17, T 1 S, R8E SEC. 17, T I S, R8E 00 N NE CORNER, SEC. 17, T 1 S, RSEQC , FND. BRASS CAP STAMPED `N N S8/S9/S 17/S 16 LS 1135306 N �' 4.1 M op" o) w 41282 �o Fo IZ ^ d ADRIAN M. Z BURCHAM E. 1/4 CORNER , ' m Sgned4�'°� SEC. 17, T 1 S, R8E, 9 R/201A u.S.P FND. GL0 BRASS I N.T S. CAP SEC.17, — E. 1/4 CORNER, T1 S, R8E I SEC. 18, T 1 S, R8E, FND. BCHH00 S. 1/4 CORNER, c,� N SEC. 17, T I S, R8E, N �i ' FND. GL0 BRASS CAP w W z o SE CORNER, O W SE CORNER, SEC. 17, T 1 S, R8E, Q; W SEC. 18, T 1 S R8E, FND. GL O BRASS CAPLLj �� I FND. BCHH CO �I S. LINE, SW 1/4, S. LINE, SE 1/4, SEC. 17, T 1 S, R8E SEC. 17, T 1 S, R8E S89°47'02"W 2643.89' S89°4649"W 2645.24' SEE SHEET 5 ASLD 8500 Project No. Date AUCTION PROPERTY BOUNDARY 19123 05/05/20 Sht.4 of 6 EXHIBIT 'A-1" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. rs2,, Suite 12000 +f Mesa,AZ 85210 Ph:480.892.3313 w w w h u b b a r d e n g i n e e r i n g c o m SEE SHEET 4 Q 41282 Fo Z I W ADRIAN M. Z W o BURCHAM moo. WLJ-J o N `gned E. 1/4 CORNER, �0 2ONA U.5' SEC. 20, T 1 S, R8E, o 1-4j Co N.T.S. FND. GL 0 BRASS CAP SEC. 20, E. 1/4 CORNER, T1 S, R8E SEC. 19, T 1 S, R8E, FND. BCHH Lr) W ,r)CIO • rr� UA � 1-- coti � � IW AWN Z N Z J � Jv L" LQ �' I SE CORNER, SEC. 20, L" ``' �. T 1 S, R8E, FND. GI 0 BRASS CAP L5 S89°48'18"W 2643.70' S89°46'S7"W 2643.35 S89°44'48"W S. LINE, SW 1/4, S. LINE, SE 1/4, 2641.59' SEC. 20, T I S, R8E SEC. 20, T 1 S, R8E SE CORNER, S. 1/4 CORNER, SEC. 19, T 1 S R8E, SEC. 20, T 1 S, R8E, FND. BCHH FND. GL 0 BRASS CAP SEC. 29, T1 S, R8E ASLD 8500 Project No. Date AUCTION PROPERTY BOUNDARY 19123 05/05/20 Sht 5 of 6 EXHIBIT 'A-1" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. rs2,, Suite 12000 +f Mesa,AZ 85210 Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m LINE TABLE LINE BEARING LENGTH L 1 NO'J9'10"W 75.01' L2 NO°39'10"W 389.32' L3 S89°37'161- 1403.26' L4 N89°4542"E 703.03' L5 S89°4557"W 702. 14' CURVE TABLE CURVE # DELTA RADIUS LENGTH CHORD C 1 4°03'48" 1057.78' 75.02' N0072244"E 75.00 LOU 41282 mo Fo ADRIAN M. o BURCHAM o. S9ned 9RI20NA U•S.P ASLD 8500 Project No. Date AUCTION PROPERTY BOUNDARY 19123 05/05/20 Sht.6 of 6 EXHIBIT 'A-1" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM A ® ® o pache Junction Municipal Pia n ng Area, X Legend ' " Future Land Use(General Plan 2020p Land Use Detail 't$3t D �', " ' a ,'Transportation MESAlr M € $ t'ional" n "' Consarvatlon(1 DU/AC) t a � � ti ff Low Density Residential H DUII.25 AC) T` t,'' Medium Density Residential(10 DU/AC Max) f 1 A PA C H U:N C't O N 'd "��. ° " High Density Residential(40 DU/AC Max) x Downtawn Mixed Use s Master Planned Community(20 DUTAC Max) Coenaetercial i;uta., Ligh4lndu$in h)3usinass Park and Industrialrcr" M19 Publicllnstilutlanal .1 x„a,"; ,: r ...,x,r'.. ��^ ;""x{wth ' g ..d r 'a s din Spam and Recreation � 2 a If Miles .. f d� jc7,,rtyyt4 t '¢hw."`®. ®s ..., .t ,....,, m,. flEj, Community g u ,yr� it 3rta 11KIJU CPIELD MPG 92' ,$0,' 202os r�` 2 a r � t rr� F 2 If �RHORTONNIPC##2: ' � 1 i}{ tie r'r°8I„ t:%* ..:".a �, a a �'- 4f�j'f�� ft,t FY, a.* ,� �>a'`'.a �✓;� : L 18� ,"��' �,���,t�,� t �!' 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E EL(9PER ENGINEERING 1'EA6\n9� SEWER:HI GAR IL CN 24 1 e +" EL DRAINAGE:H ILi ® -W( SO N �j 3rt to a sr F(JTl1RE�EVELQPEEZ; f � ��S+.t{ 2t{4ttts�,,f aJ ii '" p�� ,,,�' r"a ,: ''�,'"," ,^"�"' r ,�� �,`,;r","+' 9✓"` ,,?� „�,, t,� ^�� .:"" w» �S t�t t t i t i ����' 1 '� '� +d" �,r'�; r`"'�,r"",a✓`�y�'�,.r"��'+�:,✓'��,t" �.*� :r"` ''" ,�",r',+�^ ,>�"".+"'� r," �", � City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 21-298 Sponsor:Joel Stern Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Resolution No. 21-26 a resolution of the mayor and city council of City of Apache Junction, Arizona, authorizing the mayor to execute the procedural pre-annexation agreement for the Retained Property between the City of Apache Junction and the Arizona State Land Department. Arizona State Land Department representatives will be available to answer any of the council's questions. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: June 15, 2021 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: PROCEDURAL PRE-ANNEXATION AGREEMENT (RETAINED PROPERT ; OUR FILE NO. 21-014 On June 1, 2021 a work session was conducted to discuss Resolution No. 21-26 which authorizes the mayor to execute a procedural pre-annexation agreement ("PPA") with the Arizona State Land Department ("ASLD") for the development of approximately 5,700 acres to be annexed into the city for development located roughly within the alignments of Ironwood Drive, Baseline Avenue, Central Arizona Project Canal and State Route 24 (the "Retained Property"). The PPA gives the ASLD certain assurances relating to the approval process for a development agreement ("DA") which will likely be scheduled for consideration in July or August of 2021. ASLD desires the ability to stop the annexation of the Retained Property if: 1) any person files with the city clerk a referendum petition with the required number of signatures pursuant to A.R.S. Title 19 challenging the DA, the annexation itself or the rezoning of the Retained Property; 2) the city council fails to approve the rezoning at the same council meeting as the annexation; or 3) the city council fails to approve the DA at the same council meeting as the rezoning. All of these entitlements are dependent upon each other and it is reasonable for ASLD to be able to rely on the orderly process set forth in the PPA. Staff recommends approval of this structured process and Resolution No. 21-26 authorizing execution of the PPA. R. Joel Stern City Attorney RE'rAINED PROPERTY RESOLUTION NO. 21-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE THE PROCEDURAL PRE-ANNEXATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND ARIZONA STATE LAND DEPARTMENT WHEREAS, the Arizona State Land Department ("ASLD") owns approximately 5, 700 gross acres of real property (the "Property") located within the roadway alignments of Ironwood Drive, Baseline Avenue, Central Arizona Project Canal and State Route 24 alignment, mostly under unincorporated Pinal County jurisdiction; and WHEREAS, ASLD desires to enter into a Procedural Pre- Annexation Agreement ("Agreement") with the City, enter into a development agreement ("DA") with the City, annex the Property that has yet to be annexed into the City' s municipal limits in accordance with A.R. S . § 9-471 and process applications in the City requesting rezoning the property to master planned community zoning district; and WHEREAS, City is desirous of entering into this Agreement and annexing the Property in accordance with A.R. S . § 9-471 and is willing to process ASLD' s request for annexation and applications for rezoning in accordance with applicable law and the terms and conditions of the DA; and WHEREAS, the Agreement is authorized under A.R. S . § 9- 500 . 05 to facilitate annexation of the Property for future development and to provide for a procedure to prevent the proposed annexation from becoming effective in the event that any of the following events occur: (1) any person files with the city clerk a referendum petition with the required number of signatures pursuant to A.R. S . Title 19 challenging the validity of the annexation, DA and/or rezoning; (2) the City does not approve the rezoning at the same council hearing as adoption of the annexation; and/or (3) the City does not approve the development agreement concurrently with the rezoning. In furtherance of the intent of the parties to provide for a procedure to prevent the annexation from becoming effective in the event that any of these enumerated conditions occur, the parties agree that for the purposes of A.R. S . § 9-500 . 05 the "annexation proceedings" shall be deemed complete and this Agreement shall be operative immediately upon the adoption of the annexation ordinance . RESOLUTION NO. 21-26 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, that : The mayor is authorized to execute the procedural pre- annexation agreement between the City of Apache Junction, Arizona State Land Department. 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 RESOLUTION NO. 21-26 PAGE 2 OF 2 When recorded,return to: Development Services City of Apache Junction 300 Superstition Boulevard Apache Junction,Arizona 85119 PROCEDURAL PRE-ANNEXATION AGREEMENT This Procedural 9rc-Anoormhou Agreement ("Agreement") is oo1orcd into this day of , 2021, by and between the CITY OF AP/\CDE JUNCTION, Arizona, on Arizona municipal corporation ("City") and the /\RlZ(}NA STATE LAND DEPARTMENT ("/\8I.[>") /col|ocdve|y,the "Padieo"l RECITALS A. The subject o[this Agreement consists of approximately 5,700 gross oorcm of real property generally located within the alignments of Baseline Road,Meridian Drive,the Future SR24 alignment,and the Cuniod Arizona Project Canal udiooeni Co the City limits in 9iuo| County, Arizona, |eQuUy described and depicted in Exhibit A U.cgd Description and Map of the Punzcnv\, which is attached hereto and incorporated herein by reference(the"Pcopedv`). B. Subject to the terms and conditions of this Agreement, /\S[.[) may desire to enter into o development agreement with the City ("Development Agreement"), annex the Property into the Chy'e municipal |indta in accordance vvdb/\.11.S. 8 9-471 ("Annexation"), and process applications in the City requesting rezoning the Property to Master Planned Community zoning district("Rcxoniog"). C. City ia desirous ofentering into a Development Agreement and annexing the Property io accordance with/\.Q.S. 8 9-471 and im willing\oprocess/\Sl.D`m request for Annexation and applications for the Rezoning inaccordance with applicable law and the terms and conditions of this Agreement. D. The Parties have determined it is in their best mutual interest to annex the Property into City'e municipal limits and, subject to the final and effective adoption of the Annexation and Rezoning applications, for ASLD to process the Rezoning and other approvals in the City. E. The Parties are entering into this Agreement pursuant to the provisions in A.R.S. §9-500.O5 in order to facilitate annexation of the Property for future development and to provide for uprocedure to prevent the proposed annexation from becoming effective in the event that any of the following events occur: (|)any person fi|cewith the city clerk a referendum petition with the required nmmberofoignaturca pursuant\o/\.[l.S.Title |9 challenging the validity of the Development Agreement,the Annexation,and/or the Rezoning; (2) the City does not approve the Rezoning u1 the same Council hearing ua adoption otthe Annexation; or(3)the City does not approve the Development Agreement concurrently with the Rezoning. In furtherance of the bdco1 of the parties to provide for aprocedure to prevent the Annexation from becoming effective inthe event that any ofthese enumerated conditions occur,the Parties agree that for the purposes o[/\.Il.S. 89-500.05 the"annexation proceedings"shall be deemed complete and this Agreement shall hc operative immediately opoudhcudontinnoftbo&nnczo1ionOubuuncc(uoouohnrdnuucei*furtber defined below). F. The Parties neither desire nor intend that this Agreement shall in any way affect,hinder or interfere with the ahi|hv ofCin/o governing body (the "City Council") (i) to approve or deny the Development Agreement, Annexation, and/or Rezoning, and/or (ii) to impose conditions of approval in l connection with the approval of Rezoning,provided, for purposes of this Agreement, such conditions are acceptable to the ASLD. NOW,THEREFORE,in consideration of the foregoing premises and agreements herein,the Parties hereto state,confirm and agree as follows: AGREEMENT 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement as though fully restated. 2. Initiation of Annexation Processes. Upon ASLD's request, City agrees to initiate the Annexation and to issue an Annexation petition to the ASLD. Concurrent with an Annexation ordinance for the Property (the "Annexation Ordinance") being introduced for consideration by the City Council, City will also introduce for consideration by the City Council an ordinance for City's proposed initial zoning classification for the Property(the"Equivalency Zoning Ordinance")(collectively,the"Annexation and Equivalency Ordinances"). The Annexation and Equivalency Ordinances will be introduced for consideration by the City Council no later than October 17,2021. 3. Development Agreement and Rezoning Applications and Effectiveness. ASLD agrees to apply to City for the Rezoning. City agrees to process such application in accordance with applicable law and the terms and conditions of this Agreement. If ASLD makes applications for the Development Agreement and Rezoning prior to the Annexation and Equivalency Ordinances being introduced to the City Council for its consideration,then City shall schedule, advertise, and conduct hearings regarding the Rezoning before the City's Planning&Zoning Commission and the City Council and hearings regarding the Development Agreement before the City Council so that ASLD's applications for the Development Agreement and Rezoning are considered by the City Council concurrent with the Annexation and Equivalency Ordinances.If the City Council approves the Development Agreement,then the effective date of the Development Agreement shall be concurrent with the date and time of the Annexation and Equivalency Ordinances. If the City Council approves the Rezoning application and finally adopts the Rezoning Ordinance, then the effective date of the Rezoning Ordinance shall be established as being immediately after the effective date of the Annexation and Equivalency Ordinances. In the event that the Council determines that it is in the best interests of the City to continue the consideration of the Development Agreement and/or Rezoning to a date following the date of its approval of the Annexation Ordinance, then the Council will reconsider the Annexation Ordinance and will continue it to the same date as the continued consideration of the Development Agreement and Rezoning Ordinance. 4. Annexation and Equivalency Ordinances Adoption and Effectiveness. City agrees that at any time prior to the City Council's adoption of the Annexation Ordinance or if the City Council continues the matter, ASLD may withdraw the Annexation petition for the Property and the City will accept such withdrawal and take no further action with respect to the Annexation petition.In the event the City Council adopts the Annexation and Equivalency Ordinances and such Ordinances are not timely rescinded by the City Council or challenged by referendum, the Annexation and Equivalency Ordinances will become effective thirty(30)calendar days after being adopted by the City Council as prescribed in A.R.S § 9-471. In the event (a) the ASLD withdraws its Rezoning application, (b) the City Council denies or fails to approve the Development Agreement and/or Rezoning applications concurrently with the Annexation and Equivalency Ordinances, or (c) the Annexation Ordinance, the Equivalency Zoning Ordinance, the Development Agreement, and/or the Rezoning Ordinance are challenged by reconsideration or referendum, the City Council shall (by motion for reconsideration or other appropriate means) schedule, advertise,and conduct a City Council hearing to rescind the Annexation and Equivalency Ordinances prior to the effective date of the Annexation and Equivalency Ordinances. City agrees that at such hearing(for reconsideration or otherwise), City shall repeal the Annexation Ordinance and the Equivalency Zoning Ordinance. 2 5. No Effect on Rezoning Applications.The Parties agree that nothing in this Agreement shall affect the ability of the City Council to approve or deny the Rezoning applications and/or to impose conditions of approval on the City's approval of the Rezoning, provided, for purposes of this Agreement, such conditions are acceptable to the ASLD. 6. No Requirement to Proceed. The Parties agree that nothing in this Agreement shall require any of the Parties to proceed with the proposed Annexation, the proposed Rezoning and/or development of the Property. 7. Proposition 207 Waivers. On or before the Annexation and Equivalency Ordinances are placed on the City Council's agenda for introduction and tentative approval,ASLD shall provide to City a completed"Proposition 207 Waiver" applicable to the Annexation and Equivalency Ordinances in a form acceptable to the City's legal counsel. The Parties acknowledge and agree that City will record the waiver form. ASLD shall also provide to City a separate completed Proposition 207 Waiver form acceptable to City's legal counsel in connection with the Rezoning.,but such Proposition 207 Waiver is conditioned on ASLD consent to any conditions of approval imposed by the City Council, which consent will not be unreasonably withheld,conditioned,or delayed,at the same Council hearing as adoption of the Annexation and Equivalency Ordinances. The Parties acknowledge and agree that City also may and most likely will record the waiver form. Each Proposition 207 Waiver form shall provide for the automatic termination of such Proposition 207 Waiver in the event the Annexation and Equivalency Ordinances,the Development Agreement, and/or the Rezoning Ordinance are not approved concurrently with the Annexation and Equivalency Ordinances, or are rescinded,repealed or otherwise of no effect. 8. Miscellaneous. a. Good Standing; Authority. Each of the Parties represents and warrants to the other that it is duly formed and validly existing under the laws of Arizona and that the individual(s) executing this Agreement on behalf of their respective Party is authorized and empowered to bind the Party on whose behalf each such individual is signing. b. Default and Remedies. In the event City is in default hereunder, ASLD shall have all remedies available at law or in equity(including expedited equitable relief);whether under this Agreement or otherwise. c. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Arizona.This Agreement shall be deemed made and entered into in Maricopa County,Arizona. d. Development Agreement. This Agreement is intended to be a "Development Agreement" within the meaning of A.R.S. § 9-500.05. e. Waiver. No waiver by any Party of a breach of any of the terms or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term or condition contained herein. f. Severability. In the event that any phrase, clause, sentence,paragraph, or other portion of the Agreement shall be illegal,null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in full force and effect to the fullest extent permissible by law and the Parties will negotiate diligently in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. g. Attorneys'Fees. If any judicial proceeding is initiated by any Party hereto with respect to this Agreement,the prevailing Party shall be entitled to recover,in addition to any other relief to which 3 it is entitled, its costs and expenses incurred in connection with such legal proceeding, including, without limitation,its reasonable attorneys'fees. It. Notices. All notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been fully delivered upon personal delivery or as of the second business day after mailing by United States Mail, postage prepaid, by Certified Mail, return receipt requested, addressed as follows: To City: City Manager City of Apache Junction 300 Superstition Boulevard Apache Junction,Arizona 851.1.9 Copy to: City Attorney City of Apache Junction 300 Superstition Boulevard Apache Junction,Arizona 85119 ASLD: Arizona State Land Department 1616 W. Adams Phoenix,Arizona 85007 Attention: State Land Commissioner Copy to: Arizona Attorney General 2005 N. Central Avenue Phoenix,Arizona 85004 Attn: Natural Resources Division Notice of address may be changed by any Party by giving notice to the other Parties in writing of a change of address. Such change shall be deemed to have been effectively noticed five(5)calendar days after mailed by the Party changing address. i. Time of Essence. Time is of the essence of this Agreement. j. Effective Date.This Agreement is entered into effective as of the date of full execution by the Parties. k. Recordation.No later than ten(10) calendar days after the effective date, the City will record this Agreement in the Official Records of Pinal County. 1. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations, and understandings of the Parties hereto, oral or written, are hereby superseded and merged herein. m. Amendments. This Agreement may be amended only by a written agreement fully executed by the Parties. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates written above. CITY: 4 CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVAL AS TO FORM: Richard J. Stern City Attorney STATE OF ARIZONA ) } ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2021,by Walter"Chip"Wilson,Mayor of City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires: 5 ALSD: STATE OF ARIZONA, acting by and through the ARIZONA STATE LAND DEPARTMENT By: Lisa Atkins Its: Commissioner STATE OF ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2021,by Lisa Atkins, Commissioner of the Arizona State Land Department, State of Arizona. Notary Public My Commission Expires: 6 EXHIBIT A [Legal Description and Map] 7 EXHIBIT"A-2" RETAINED PROPERTY BOUNDARY DESCRIPTION THOSE PORTIONS OF SECTIONS 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 & 34 TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY,ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6, BEING MARKED BY A 3 INCH CITY OF MESA BRASS CAP IN A HANDHOLE, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 6, BEING MARKED BY A 4 INCH ALUMINUM CAP STAMPED WITH LS#39325 2016, BEARS SOUTH 00 DEGREES 38 MINUTES 28 SECONDS EAST, 2254.87 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 09 SECONDS EAST, ALONG THE TOWNSHIP LINE BETWEEN TOWNSHIP 1 NORTH AND 1 SOUTH, RANGE 8 EAST, 1045.52 FEET TO THE SOUTHWEST CORNER OF SECTION 31,TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, BEING MARKED BY A 3 INCH CITY OF MESA BRASS CAP IN A HAND HOLE; THENCE CONTINUING ALONG SAID TOWNSHIP LINE, NORTH 89 DEGREES 44 MINUTES 21 SECONDS EAST, 2115.12 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL,AS SHOWN ON RECORD OF SURVEY BY GEOMATICS CONSULTING GROUP,SAID CORNER BEING MARKED BY A PK NAIL WITH TAG, LS#39325; THENCE DEPARTING SAID TOWNSHIP LINE,ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL THE FOLLOWING COURSES: THENCE SOUTH 39 DEGREES 50 MINUTES 42 SECONDS EAST, 2921.45 FEET TO A POINT ON THE EAST-WEST MID-SECTION LINE OF SAID SECTION 6, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 6, BEING MARKED A 3.25 INCH PINAL COUNTY HIGHWAY DEPARTMENT BRASS CAP, BEARS NORTH 89 DEGREES 48 MINUTES 15 SECONDS EAST, 1263.42 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 89 DEGREES 48 MINUTES 15 SECONDS WEST,ALONG SAID EAST-WEST MID-SECTION LINE, 57.32 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE SOUTH 00 DEGREES 16 MINUTES 00 SECONDS EAST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6, 9.41 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL,SAID POINT BEING MARKED BY A PK NAIL WITH TAG, LS#39325; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL THE FOLLOWING COURSES: THENCE SOUTH 39 DEGREES 49 MINUTES 39 SECONDS EAST, 1011.54 FEET TO BRASS CAP FLUSH STAMPED CAP ROW LS#39325; THENCE SOUTH 39 DEGREES 49 MINUTES 37 SECONDS EAST, 1061.71 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 6, BEING MARKED BY A BRASS CAP FLUSH STAMPED CAP ROW LS#39325; Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description Hubbard Engineering(Mesa,AZ) Page 1 of 7 aburcham@hubbardengineering.com THENCE SOUTH 01 DEGREE 15 MINUTES 22 SECONDS EAST, ALONG SAID EAST LINE, 1036.55 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6, BEING MARKED BY A 4 INCH PINAL COUNTY PUBLIC WORKS BRASS CAP STAMPED LS#31021 2008, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 6, BEING MARKED BY A 4 INCH PINAL COUNTY PUBLIC WORKS BRASS CAP STAMPED LS#31021 2008, BEARS SOUTH 89 DEGREES 47 MINUTES 34 SECONDS WEST, 2641.07 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 26 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, 27.86 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL; THENCE SOUTH 65 DEGREES 30 MINUTES 54 SECONDS EAST, ALONG SAID WESTERLY RIGHT-OF- WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL, 580.79 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PROPERTY DEFINED IN DOCUMENT NUMBER 2018-083654, PINAL COUNTY RECORDS, SAID CORNER BEING MARKED BY A 1/2 INCH REBAR WITH CAP LS#32222; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG THE WEST LINE OF SAID PROPERTY, 2319.93 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY, BEING MARKED BY A PK NAIL WITH TAG HEWITT LS#21773; THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 46 MINUTES 50 SECONDS EAST, ALONG THE SOUTH LINE OF SAID PROPERTY, 2135.69 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 16 MINUTES 03 SECONDS WEST, ALONG THE EAST LINE OF SAID PROPERTY, 741.36 FEET TO A 1/2 INCH REBAR WITH NO CAP; THENCE NORTH 89 DEGREES 59 MINUTES 55 SECONDS EAST, 942.39 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL, BEING MARKED BY A 1/2 INCH REBAR WITH NO CAP; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL THE FOLLOWING COURSES: THENCE SOUTH 46 DEGREES 11 MINUTES 56 SECONDS EAST,45.55 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 27 DEGREES 00 MINUTES 54 SECONDS EAST, 2934.29 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 27 DEGREES 00 MINUTES 57 SECONDS EAST, 377.14 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 34 DEGREES 17 MINUTES 35 SECONDS EAST, 286.43 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, BEING MARKED BY AN ALUMINUM CAP FLUSH STAMPED LS#39325, FROM WHICH A BRASS CAP STAMPED S8/S9/S17/S16 LS #35306 MARKING THE CORNER TO SECTIONS 08,09, 16 AND 17, BEARS SOUTH 00 DEGREES 14 MINUTES 26 SECONDS EAST 202.42 FEET; Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description Hubbard Engineering(Mesa,AZ) Page 2 of 7 aburcham@hubbardengineering.com THENCE SOUTH 34 DEGREES 13 MINUTES 21 SECONDS EAST, 244.01 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9, FROM WHICH A BRASS CAP STAMPED S8/S9/S17/S16 LS#35306 MARKING THE CORNER TO SECTIONS 08, 09, 16 AND 17, BEARS SOUTH 89 DEGREES 43 MINUTES 24 SECONDS WEST, 136.38 FEET; THENCE CONTINUING INTO SECTION 16,SOUTH 34 DEGREES 18 MINUTES 10 SECONDS EAST, 1162.61 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 31 DEGREES 47 MINUTES 01 SECONDS EAST,483.62 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 29 DEGREES 16 MINUTES 41 SECONDS EAST, 2796.96 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 27 DEGREES 26 MINUTES 50 SECONDS EAST, 546.31 FEET TO THE NORTH- SOUTH MID-SECTION LINE OF SAID SECTION 16; THENCE CONTINUING SOUTH 27 DEGREES 26 MINUTES 50 SECONDS EAST, 539.81 FEETTO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 27 MINUTES 18 MINUTES 00 SECONDS EAST, 556.20 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 16, BEING MARKED BY A GLO BRASS CAP, BEARS SOUTH 89 DEGREES 42 MINUTES 18 SECONDS WEST,499.08 FEET; THENCE CONTINUING INTO SECTION 21,SOUTH 27 DEGREES 15 MINUTES 55 SECONDS EAST, 3619.06 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 20 DEGREES 48 MINUTES 28 SECONDS EAST, 597.78 FEET; THENCE SOUTH 14 DEGREES 24 MINUTES 38 SECONDS EAST, 919.93 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 14 DEGREES 23 MINUTES 11 SECONDS EAST, 264.84 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, FROM WHICH A U.S. GLO BRASS CAP STAMPED S21/S22/S27/S28 1914, MARKING THE CORNER TO SECTIONS 21, 22, 27 AND 28, BEARS SOUTH 00 DEGREES 14 MINUTES 56 SECONDS EAST, 351.19 FEET; THENCE CONTINUING INTO SECTION 22,SOUTH 14 DEGREES 24 MINUTES 22 SECONDS EAST, 362.17 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22, FROM WHICH A U.S. GLO BRASS CAP STAMPED S21/S22/S27/S28 1914, MARKING THE CORNER TO SECTIONS 21, 22, 27 AND 28, BEARS SOUTH 89 DEGREES 44 MINUTES 14 SECONDS WEST, 88.58 FEET; THENCE CONTINUING INTO SECTION 27,SOUTH 14 DEGREES 24 MINUTES 08 SECONDS EAST, 3133.90 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 11 DEGREES 47 MINUTES 35 SECONDS EAST, 531.16 FEET; Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description Hubbard Engineering(Mesa,AZ) Page 3 of 7 aburcham@hubbardengineering.com THENCE SOUTH 08 DEGREES 49 MINUTES 30 SECONDS EAST, 861.60 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 08 DEGREES 53 MINUTES 59 SECONDS EAST, 881.26 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27, FROM WHICH THE NORTHEAST CORNER OF SECTION 33, BEING MARKED BY A U.S. GLO BRASS CAP STAMPED 1914, BEARS SOUTH 89 DEGREES 48 MINUTES 21 SECONDS WEST, 1223.65 FEET; THENCE CONTINUING INTO SECTION 34,SOUTH 08 DEGREES 55 MINUTES 40 SECONDS EAST, 1058.68 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 08 DEGREES 51 MINUTES 12 SECONDS EAST, 383.27 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 23 DEGREES 14 MINUTES 06 SECONDS EAST, 384.55 FEET TO A U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP; THENCE SOUTH 23 DEGREES 09 MINUTES 55 SECONDS EAST, 936.25 FEET TO THE EAST-WEST MID-SECTION LINE OF SAID SECTION 34, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 34, BEING MARKED BY A U.S. GLO BRASS CAP, BEARS NORTH 89 DEGREES 48 MINUTES 18 SECONDS EAST, 3327.10 FEET; THENCE ALONG SAID EAST-WEST MID SECTION LINE, SOUTH 89 DEGREES 48 MINUTES 18 SECONDS WEST, 1955.24 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 33, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE SOUTH 89 DEGREES 44 MINUTES 45 SECONDS WEST,ALONG THE EAST-WEST MID SECTION LINE OF SECTION 33, 5282.89 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE SOUTH 89 DEGREES 48 MINUTES 52 SECONDS WEST,ALONG THE EAST-WEST MID SECTION LINE OF SECTION 32, 5284.57 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 31, BEING MARKED BY A BRASS CAP IN A HAND HOLE; THENCE SOUTH 89 DEGREES 57 MINUTES 44 SECONDS WEST,ALONG THE EAST-WEST MID- SECTION LINE OF SECTION 31, 5283.27 FEET TO THE SOUTHWEST CORNER OF GLO LOT 5; THENCE NORTH 00 DEGREES 12 MINUTES 58 SECONDS WEST,ALONG THE WEST LINE OF GLO LOTS 5 AND 2, 2621.68 FEET TO THE NORTHWEST CORNER OF GLO LOT 2, BEING MARKED BY A 1/2 INCH REBAR WITH NO MARKINGS; THENCE SOUTH 89 DEGREES 45 MINUTES 58 SECONDS WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30 AND THE SOUTH LINE OF GLO LOT 10, 838.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 30 AND THE RANGE LINE BETWEEN RANGES 7 EAST AND 8 EAST,TOWNSHIP 1 SOUTH BEING MARKED BY A U.S. GLO BRASS CAP; THENCE NORTH 00 DEGREES 36 MINUTES 36 SECONDS WEST,ALONG SAID RANGE LINE, 959.66 FEET TO THE SOUTHEAST CORNER OF SECTION 25,TOWNSHIP 1 SOUTH, RANGE 7 EAST, BEING MARKED BY A 1 INCH IRON PIPE WITH NO MARKINGS; Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description Hubbard Engineering(Mesa,AZ) Page 4 of 7 aburcham@hubbardengineering.com THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 39 MINUTES 04 SECONDS WEST, 1317.10 FEET TO THE EAST QUARTER CORNER OF SECTION 25,TOWNSHIP 1 SOUTH, RANGE 7 EAST, BEING MARKED BY A MARICOPA COUNTY BRASS CAP LS#36563 2002; THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 37 MINUTES 37 SECONDS WEST, 2634.56 FEET TO THE SOUTHEAST CORNER OF SECTION 24,TOWNSHIP 1 SOUTH, RANGE 7 EAST, BEING MARKED BY A 1/2 INCH REBAR WITH NO MARKINGS, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 30, BEING MARKED BY U.S. GLO BRASS CAP, BEARS NORTH 00 DEGREES 38 MINUTES 44 SECONDS WEST, 371.05 FEET; THENCE DEPARTING SAID RANGE LINE,SOUTH 89 DEGREES 35 MINUTES 53 SECONDS EAST, 1419.06 FEET TO A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 10,000 FEET; THENCE ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 55 MINUTES 54 SECONDS,AN ARC LENGTH OF 2082.47 FEET TO THE BEGINNING OF REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10,000 FEET; THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 17 MINUTES 44 SECONDS,AN ARC LENGTH OF 1971.47 FEET TO THE SOUTH LINE OF SAID SECTION 19; THENCE NORTH 89 DEGREES 45 MINUTES 57 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SECTION 19, 702.14 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 19, BEING MARKED BY A BRASS CAP IN HAND HOLE; THENCE NORTH 89 DEGREES 48 MINUTES 18 SECONDS EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, 2643.70 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 20, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE NORTH 89 DEGREES 46 MINUTES 57 SECONDS EAST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19, 2643.35 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 20, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE NORTH 00 DEGREES 15 MINUTES 27 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20, 2641.55 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE NORTH 00 DEGREES 16 MINUTES 27 SECONDS WEST,ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, 2640.94 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 17, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE NORTH 00 DEGREES 17 MINUTES 40 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, 2641.37 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 17 BEING MARKED BY A GLO BRASS CAP; Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description Hubbard Engineering(Mesa,AZ) Page 5 of 7 aburcham@hubbardengineering.com THENCE NORTH 00 DEGREES 17 MINUTES 14 SECONDS WEST,ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, 2641.27 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 8, BEING MARKED BY A BRASS CAP STAMPED "S8/S9/S17/S16 LS#35306"; THENCE SOUTH 89 DEGREES 47 MINUTES 05 SECONDS WEST,ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, 2643.87 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 8, BEING MARKED BY A U.S. GLO BRASS CAP; THENCE SOUTH 89 DEGREES 45 MINUTES 01 SECONDS WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, 2642.26 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 7, BEING MARKED BY A BRASS CAP IN HAND HOLE; THENCE SOUTH 89 DEGREES 45 MINUTES 42 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SECTION 7, 703.03 FEET TO A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10,000 FEET; THENCE ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 11 DEGREES 33 MINUTES 00 SECONDS,AN ARC LENGTH OF 2015.84 FEET TO A REVERSE CURVE, HAVING A RADIUS OF 10,000 FEET; THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 12 DEGREES 10 MINUTES 01 SECONDS,AN ARC LENGTH OF 2123.54 FEET TO THE BEGINNING OF NON-TANGENT CURVE, CONCAVE EASTERLY, FROM WHICH THE CENTER BEARS NORTH 88 DEGREES 20 MINUTES 50 SECONDS EAST, 1057.78 FEET; THENCE ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 04 DEGREES 03 MINUTES 48 SECONDS, AN ARC LENGTH OF 75.02 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 16 SECONDS WEST, 1403.26 FEET TO SAID RANGE LINE, FROM WHICH TO THE SOUTHEAST CORNER OF SECTION 12,TOWNSHIP 1 SOUTH, RANGE 7 EAST, BEARS SOUTH 00 DEGREES 39 MINUTES 10 SECONDS EAST, 75.01 FEET, BEING MARKED BY A CITY OF MESA BRASS CAP IN A HAND HOLE; THENCE NORTH 00 DEGREES 39 MINUTES 10 SECONDS WEST,ALONG SAID RANGE LINE, 314.31 FEET,TO THE SOUTHWEST CORNER OF SAID SECTION 7, BEING MARKED BY A PK NAIL WITH TAG LS#28237; THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 39 MINUTES 10 SECONDS WEST, 2637.68 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 12, BEING MARKED BY A CITY OF MESA BRASS CAP IN HANDHOLE; THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 40 MINUTES 01 SECOND WEST, 2638.07 FEET TO THE SOUTHEAST CORNER OF SECTION 1,TOWNSHIP 1 SOUTH, RANGE 7 EAST, BEING MARKED BY A U.S. GLO BRASS CAP 1911; THENCE CONTINUING ALONG SAID RANGE LINE, NORTH 00 DEGREES 37 MINUTES 47 SECONDS WEST, 398.28 FEET TO THE SOUTHWEST CORNER OF SECTION 6,TOWNSHIP 1 SOUTH, RANGE 8 EAST, BEING MARKED BY A U.S. GLO BRASS CAP 1911; Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description Hubbard Engineering(Mesa,AZ) Page 6 of 7 aburcham@hubbardengineering.com THENCE DEPARTING SAID RANGE LINE, NORTH 89 DEGREES 47 MINUTES 38 SECONDS EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6 AND THE NORTH LINE OF GLO LOTS 3, 2 & 1, 3612.04 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 6, BEING MARKED BY A 4 INCH PINAL COUNTY PUBLIC WORKS BRASS CAP LS#31021 2008; THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 15 MINUTES 48 SECONDS WEST, ALONG THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 6 AND THE EAST LINE OF GLO LOT 14, 1321.54 FEET TO THE NORTHEAST CORNER OF SAID LOT 14, BEING MARKED BY A 1/2 INCH REBAR WITH TAG LS#39325; THENCE DEPARTING SAID NORTH-SOUTH MID-SECTION LINE, NORTH 89 DEGREES 47 MINUTES 30 SECONDS EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6, 1320.75 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6, BEING MARKED BY A 1/2 INCH REBAR WITH CAP LS#21773 HEWITT; THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST,ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, 1311.99 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF THE CENTRAL ARIZONA PROJECT CANAL,SAID POINT BEING MARKED BY A PK NAIL WITH TAG LS#39325; THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST,9.41 FEET TO SAID SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE SOUTH 89 DEGREES 48 MINUTES 15 SECONDS WEST,ALONG THE EAST-WEST MID- SECTION LINE OF SAID SECTION 6,4949.90 FEET A POINT ON SAID RANGE LINE AND THE WEST QUARTER CORNER OF SAID SECTION 6, BEING MARKED BY AN ALUMINUM CAP LS#39325 2016; THENCE NORTH 00 DEGREES 38 MINUTES 28 SECONDS WEST,ALONG THE WEST LINE OF SAID SECTION 6, 2254.87 FEET TO SAID NORTHWEST CORNER OF SAID SECTION 6, BEING MARKED BY A 3 INCH CITY OF MESA BRASS CAP IN A HANDHOLE AND THE POINT OF BEGINNING. SAID PARCELS CONTAIN 231,138,261 SQUARE FEET OR 5,306.2043 ACRES MORE OR LESS. W �� 41282 do Fo ADRIAN M. o BURCHAM o. OXo O�\M sj9ned Qy 9R�2ONA U•`'.P Project No.: 19123 Location: Pinal County File: 19123-Retained Bndry Description Hubbard Engineering(Mesa,AZ) Page 7 of 7 aburcham@hubbardengineering.com 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R 6 N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m BASELINE ROAD ALIGNMENT KEY MAP SHEET NTS SEC. 6, T I S, RSE SHEET ' (SHEET 10 G���F tF do �F.G W 41282 0 — 3 r ADRIAN M. a SEC. 7, (' SEC. 8, SEC. 9, a BURCHAM — T 1 S, R8E T 1 S, RSE T 1 S, R8E 0,S 7 'soad 4� N.T.S. 9R�ZONA U.S.F-4 _ SEC. 18, SEC. 17, SEC. 16, T1S,I R8E I' T/S R8E T1 S, RBE ��-- - SHEET SHEET SHEET cq 4 9 �� . _ 11 SEC. 19, SEC. 20, SEC. 21, SEC. 22, _ T 1 S, R8E T 1 S, R8E T 1 S, R8E �T 1 S, R8E SHEET SHEET SHEET 5 :' 8 ' 12 SEC. 30, SEC. 29, I SEC. 28, I SEC. '27, T 1 S, R8E ' T 1 S, R8E T 1 S, R8E T 1 S, R8E SEC. 31, ' SEC. 32, SEC. 33, SEC. 34, T 1 S, R8E T 1 S, R8E T I S, R8E T I S, R8E SHEET SHEET SHEET 6 ' 7 ' 13 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:1 of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w h u b b a r d e n g i n e e r i n g c o m S �10. t� 57.32' SC8 Q 1320.73' 1263.42' 41282 0 ADRIAN M. N89°48'15"E 6270.64' a BURCHAM A9.41, 9 9ned Q 0NA p/ �p l V.T S. o SEC. 31, z T1 N, R8E DETAIL A SC6 NTS BASELINE RD. (ALIGNMENT) SC5 P.O.B. N. LINE, NW 114, L 1 N. LINE, NE 114, SC 1 SC2 SEC. 06, T 1 S, R8E SC3 SC4( SEC. 06, T 1 S, R8E L2 N89°44'21"E 2598.50 N89°45'51"E 2600.26' z 2115. 12' OWNSHIP LINE o TOWNSHIP LINE A B T I N/T 1 S .n LQ \ �' � I °ter� \� o I T1N T1S i 483.38 B �n\ N ^ Co_ � GLO LOT 4 GLO LOT 3 °° �" o °� r��-o�'—�r'�' SEE DETAIL A I �z o o GLO GLO „ �, t-,, o ( LOT 7 I LOT 8 N �v2�� (THIS SHEET) . �W �� W 04 z `'' �, SEC. 6, CZ ���� �r� SC7 CO W T1 S, R8E 57.32 ems, SC8 3629. 17 1320.73 1263.42' LO 00 q N89°48'15"E 6270.64' A 9.41' W W SC 10 E-W MID-SECTION LINE, SC9 � ( U SEC. 06, T 1 S, R8E Z o o rn W z.. o,. W , z' o rr o o W r� N n - N( \ O Z r7 G Z �� N� `'' � N89°47'30"E SC 1191 "Id N o �; o o � 1320.75 W �� o: I J ;`? S. LINE, NW 114, SE 114, �W o w o SEC. 06, T 1 S, R8E SEE SHEET 3 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 sht:2 of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R 6 N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g . c o m S. LINE, SW 114, S. LINE, SE 114, SC 14 SC 12 SEC. 06, T 1 S, R8E SEE SHEET 2 SEC. 06, T 1 S, R8E F tN89*47'J8"E 3612.04' N89°47'34'E 2641.07' �s J ( E SC 13 27.86' o I ( oI C20 J GLO I GLO 'r-1 n �, o I LOT 2 LOT 1 ( � W � z � W oW o I N.(N 6 z I GLO v ( GLO I ^J z ' w LOT 5 LOT 6 I COw co r, � o z z v' o ( ( SC 15 c� SEC. 7, W SC19� — — T1S, R8E IL w q ti I GLO I GLO F w o LOT 8 LOT 7 ( C' "o �� �� , - J W 41282 o cow H N N " ADRIAN M. a N� �i o�eBURCHAM\tio. I �� 5 ( I 9 S9ned 45,�0. �Iyj 0 OZ I R�2pNA U•S.P 0-3 J W o I GLO GLO I N.T.S. z z co �' I LOT 11 ( LOT 12 SC 18 S. LINE, SEC. 7, T 1 S, R8E SC 16 LJ G S89°4542"W 6219.80' I — — — — L20 5516'.77' C 3 703.03' L22 C4 I I W L2�C 17 C5 N88 20'50"E 1057.78' J�00 N N GLO (RADIAL BEARING) z J J LOT 3 ( LOT 2 I GLO SEC. 18, LOT 1 T1 S, R8E W. LINE, NW 1147 SEE SHEET 4 SEC. 18, T 1 S, R8E ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:3 of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m W SEE SHEET 3 eJ 7 7 7 Z I ? -00 o GLO GLO N N z o f LOT 5 I LOT 6 I J J J W zz� " I I I SC21 � SEC. 18, SC27 T1 S, R8E L o GLO GLO N o o LOT 8 LOT 7 eg � do t� r7 Lr) w 41282 o I N R ADRIAN M. cv) o BURCHAM Lu �fo e�• I O q J° o I I Signed w DO � p ( GLO I GLO ( 9R�2pNA S P O zJ o LOT 11 LOT 12 N.T.S. C,, K I I I SC22 SC26 W SC25 NO°32'24"W S89°46'30"W 6185. 10' S. LINE, SEC. 18, T 1 S, R8E I W 384.90 I � \� ( GLO ( GLO ( INI z LOT 2 LOT 1 LQ N N�s � — ` C LLj ; v o ) GLO ( GLO ( � W LOT 5 LOT 6 co w SEC. 19, `�'' SC24 ND°36'56"W 377.08' T1 S, R8E SC23 GLO -C GLO GLO SEE SHEET 5 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:4 of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R 6 N G Ph:480.892.3313 w w w h u b b a r d e n g i n e e r i n g c o m SC28 SEE SHEET 4 R o I GLO I GLO I I o i W � LOT 8 LOT 7 �a CQ 10' WCN ( N� `'' o — — - - SEC. 19, �Co i� oI I T1S, R8E � '� I I of v o ,, GLO GLO W Q z CO� C o I LOT 11 LOT 12 L." `'' S. LINE, SEC. 19, T 1 S, R8E SC29 SC35 S89°45'57"W 6152.23' — SO4 5450.09' C 2 702. 14' . L18 1 1 o L191 C1 I LQ � .� l,Q I GLO I GLO I coF TF .pL Cj �I h d LOT 2 LOT 1 W �� 41282 A ADRIAN M. I W Z ° BURCHAM :W Lu ti �+ z '� GLO I ( Oho �ti �z q � � LW LOTS S 9R/'9ned GLO ( GLO I N.T S. DNA u o�, z ``'� o I LOT 5 I LOT 6SEC. 30 SC33 T1 S, R8E SC30 S89 45 41 W 6136.52 i� w rn I E-W MID-SECTION LINE, SEC. 30, T 1 S, R8E co Qr o GLO GLO ( o LOT 8 I LOT 7 . N�� �u N ( o Cr) ti Q J GLO Q)4i LOT 10 — — I ��Q) GLO I GLO SC31 I� LOT 11 LOT 12 SEE SHEET 6 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:5 of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m SEE SHEET 5 GLOGLO � 0 LOT 10 I LOT 11 ( LOT 12 LI, L-Q 838.80' S — 2640.94' — SC37 — SC38 z ao » ' r SC36 S89°45 58 W 3479.87 �S89°44 48 W 2640.79 S. LINE, SW 114, I S. LINE, SE 114, T I S R8E SEC. 30 T 1 S R8E z � � SEC. 30 , GLO ' GLO LOT 2 LOT 1 N" US GLO GLO W z LOT 5 I LOT 6 SEC I. 31, T1 S, R8E W S89°5744"W 5283.27' SC39 E—W MID—SECTION LINE, SEC. 31, T 1 S, R8E 'W N eo 41282 ADRIAN M. o BURCHAM o. oho o�ti. sj940d R''t 9RIZONA U-S' N.T.S. ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:6 of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m SEE SHEET 8 SEC. 29, SEC. 28, T1 S, R8E T1 S, R8E 1 S89°47'14"W 7925. 14' S89°47'14"W 1 S. LINE, SEC. 29, T 1 S, RBE SC40 7925. 14' S LINE, SW 1/4, 1 SEC. 28, T 1 S, R8E W SEC. 32, \� SEC. 33, T1 S, R8E T1 S, R8E z JQ 1 W � �I 1� W S89°4852"W 5284.57' S89°4445"W 5282.89' W E—W MID—SECTION LINE, SEC. 32, T 1 S, R8E SC41 E—W MID—SECTION LINE, SEC. 33, T 1 S, R8E 1 1 1 N eo 41282 ADRIAN M. o BURCHAM o. oho o��ti. sj940d 9RIZONA U-S' N.T.S. ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:7 of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m SEE SHEET 9 SEC. 20, SEC. 21, T1 S, R8E N w N T1 S, R8E z � Jv SC42 SC43 S89°48'18"W 2643.70 S89°46'57"W 2643.35 S89°4448"W 2641.591 S. LINE, SW 1/4, S. LINE, SE 1/4, S. LINE, SW 1/4, SEC. 20, T 1 S, R8E SEC. 20, T I S, R8E SEC. 21, T 1 S, R8E WI I ILQ �I W K SEC. 29, N SEC. 28, T1 S, R8E ( w T1 S, R8E 0� 41282 ~� Fo ADRIAN M. W o BURCHAM o. ��o ery gned S; Qyl�•• 9R�2ONA U.S'P N.T.S. SEE SHEET 7 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:s of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w h u b b a r d e n g i n e e r i n g c o m SEE SHEET 10 W LQ 1 ��F It .tf Ff L WO �� 41282 ~o �o � N v ADRIAN M. SC44 W 903.80' o BURCHAM 1740.68' . 9R S, he u P S89°43'29"W 1 N.T.S. /2p s 5287.90' o E-W MID-SECTION o_ 1 SEC.17, ; LINE, SEC. 16, T1S, T1 S, R8E R8E N 2� SEC.16, �C T1 S, R8E o (-Q � LU W SC46 SC45 S89°47 02 W 2643.89 /JC� S89°46 49 W 2645.24 S89°45 12 W 2644 ,4 I S. LINE, SE 1 'S. LINE, SW 1/4, / .04 I SEC. 17, T 1 S, R8E SEC. 17, T 1 S, R8E S. LINE, SW 1/4, 1 SEC. 16, T 1 S, R8E o W C; 1 W z � SEC. 20, z N SEC. 21, 1 T1 S, R8E o T1 S, R8E SC47 1 I SEE SHEET 8 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:9 of 97 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R 6 N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m F L5T U N CS65*1 7'1J7 G�� F SEC. 5, 4, 41282 0 47. 16' T1 S, R8E ADRIAN M. Q�i o BURCHAM tio. APN: 10407005A B N46°15'48"W 9R�S,9h 4� P ?o S. L, DOC. 2018-083654, 451.88' N.T.S. NA u. P.C.R. S \/S46'11'56"E L 6 45.55' NO°16'03"W cv 741.36 B E. 114 CORNER, v SEC. 8, T 1 S, R8E, N89°46'50"E 2135.69 4018.55' 1271.25' FND. ACF W/CAP — U, LS #39325 E-W MID-SECTION LINE, SEC. 08, T 1 S, R8E N O c` SEC. 8, `� M.z �;o SEC. 9, T1 S, R8E �� N I T1 S, R8E o w S. LINE, v, SW 114, B L7 SEC. 9, S27°00'57'E 377. 14' B 8 S89°4'324 W 202.42' B 2644.60' S89'45'01"W 2642.26' S89°47'05"W 64J.87' 487.43'2508.22' S. LINE, SW 114, S. LINE, SE 1/4, SC49 B SC50 SEC. 08, T 1 S, R8E SEC. 08, T 1 S, R8E SEC.16, SC48 SEC.17, 136.38' `sue T1 S, R8E T1 S, R8E E. LINE, NE 114, �v B SEC. 17, T 1 S, R8E L 10 CO ® �� SEE SHEET 9 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:10 of 17 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R II N G Ph:480.892.3313 w w w h u b b a r d e n g i n e e r i n g c o m SC50 N 1 � .0 N. Do 0 41282 SC51 ADRIAN M. a BURCHAM o. �90180'� 2643.41' C" S89°4329"W 9 �S'9�ad 5287.90 ZONA U•S E—W MID—SECTION LINE, � N.T.S. CQ SEC. 16, T 1 S, R8E I Nd \ N—S MID—SECTION LINE, �D 1 SEC. 16, T 1 S, R8E N CIO 546.31' SEC.16, I N SEC.15, 1 B IN. T1 S, R8E :� \ T1 S, R8E 539.81' �o W `n, W C B z � S27°18'001- 556.20' SC53 SC54 w 1 499.08 2143.40' S89*42'18"W 2642.48 S89°4833"W 2640.69' 1 SC52 S. LINE, SE 114, S. LINE, SW 114, SEC. 16, T I S, R8E I SEC. 15, T I S, R8E N CO �N Z � 1 N � O � 1 �� Z ~ L W L ZN Lr) � N 1 SEC. 21, � SEC. 22, T1 S, R8E T1 S, R8E i' W 1 SC55 SEE SHEET 12 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:11 of 17 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g . c o m ® � SEE SHEET 11 Jr— N' v CQ �J Lu S20°48'28"E 597.78' N ,� � w SEC. 21, W cn SEC. 22, W � T1 S, R8E B z N T1 S, R8E C N S 14 23'11"E 264.84' CO W ' ( � `� W 351. 19 S 14 2422"E 362. 17' z U) 475.76' 88.58' _2167.82 B — 2552.42_ r 589°4643"W 2643.58' S89°44'14"W 2641.00' SC56 S. LINE SE 1 4 SC57 S. LINE, SW 1 4, SC58 1 , 1 SEC. 21, T 1 S, R8E I SEC. 22, T 1 S, R8E �' F T \ C2 e . <� 41282 �o Fo Z . W ADRIAN M. �' o�BURCHAM moo. Lad 9� S�Bned �2ONA U•`' `� I i N.T S. CIO � SEC. 28, SC59 SEC. 27, T1 S, R8E T1 S, R8ELQ W �' � . S 11°47'35"E -,I- N N B 531. 16' o cn w N ( � ZN LQi� �- ZN Io J W (n B S8°5359"E 881.26 SEE SHEET 13 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:12 of 17 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g . c o m SEE SHEET 12 SEC. 28, S8°53'59"E 881.26' SEC. 27, SC60 T1 S, R8E SC61 T1 S, R8E SC62 1223.65' 1417.79' S89°4448"W 2641.96' S89°48'21W 264\ 1/4,S. LINE, SE 114, SEC. 28, T 1 S, R8E I SEC. 27, T 1 S, R8E z ( � J d S8°55'40'E B \ ., zao 1058.68 S8°51'12"E' SEC. 33, z SEC. 34 383.27' w T1 S, R8E ���� T1 S, R8E ' \ '� z B W I S23°14'06"E (n 384.55' I Co z QJ B �` J W 1955.24' 685.93�[)2641. 17' S89°4445"W 5282.89' S89°48'18W 5282.34,SC6� E—W MID—SECTION LINE, SC64 E—W MID—SECTION LINE, SEC. 33, T 1 S, R8E SEC. 34, T I S, R8E 1 N eo 41282 ADRIAN M. o BURCHAM o. oho o�ti. sj940d R''t 9R1<>ONA U N.T.S. ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:13 of 17 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g . c o m SC 1 = NW CORNER, SEC. 06, T 1 S, R8E, FND. 3" CITY OF MESA BCHH SC2 = SW CORNER, SEC. 31, TIN, R8E, FND. 3" CITY OF MESA BCHH SC3 = N. 114 CORNER, SEC. 06, T 1 S, R8E, FND. IRON PIPE SC4 = S. 114 CORNER, SEC. 31, TIN, R8E, FND. CPS W/TAG LS 1116588 SC5 = NE CORNER, SEC. 06, T I S, RSE, FND. BCF SC6 = SE CORNER, SEC. 31, TIN, R8E, FND. PINAL COUNTY PUBLIC WORKS BCF LS #31021 SC7 = E. 114 CORNER, SEC. 06, T 1 S, R8E, FND. 3.25" PINAL COUNTY HIGHWAY DEPARTMENT BRASS CAP SC8 = SW CORNER, E. 112, S. 112, NE 114, SEC. 6, T 1 S. R8E, FND. NOTHING SC9 = CENTER SECTION, SEC. 06, T 1 S, R8E, FND. NOTHING SC 10 = W. 114 CORNER, SEC. 06, T 1 S, R8E, FND. 4" ALUMINUM CAP STAMPED LS #39325 2016 SC I I = SE CORNER, NW 114, SE 114, SEC. 6, T I S. R8E, FND. 112 INCH REBAR WITH CAP LS 112177J HEWITT SC 12 = SW CORNER SEC. 06, T I S, R8E, FND. GLO BRASS CAP 1911 SC 13 = S. 114 CORNER, SEC. 06 T 1 S, R8E, FND. 4" PINAL COUNTY PUBLIC WORKS BRASS CAP STAMPED LS JJ 1021 2008 SC 14 = SE CORNER SEC. 06, T 1 S, R8E, FND. 4" PINAL COUNTY PUBLIC WORKS BRASS CAP STAMPED LS JJ 1021 2008 SC 15 = E. 114 CORNER, SEC. 07, T 1 S, R8E, FND. NOTHING SC 16 = SE CORNER, SEC. 07, T 1 S R8E, FND. BCHH - SC 17 = SE CORNER, SEC. 12, T 1 S R7E, FND. 3" COM BCHH NO STAMPING SC 18 = SW CORNER, SEC. 07, T I S R8E, FND. PK NAIL W/TAG LS 1128237 SC 19 = E. 114 CORNER, SEC. 12, T 1 S, R7E, FND. CITY OF MESA BCHH W 0 41282 ~� Fo SC20 = SE CORNER, SEC. 01, TIS, 177E, FND. GLO BRASS CAP 1911 ADRIAN M. SC21 = E. 114 CORNER, SEC. 18, T 1 S, R8E, FND. BCHH o BURCHAM ofe Q�`oyti. SC22 = SE CORNER, SEC. 18, T I S R8E, FND. BCHH S,ened SC23 = E. 114 CORNER, SEC. 19, T 1 S, R8E, FND. BCHH 9R�'0NA u SC24 = W. 114 CORNER, SEC. 19, T 1 S, R8E, FND. 112 REBAR NO MARKINGS SC25 = SE CORNER, SEC. 13, T 1 S, R7E, FND. NOTHING SC26 = NW CORNER, SEC. 19, T 1 S R8E, FND. U.S. GL0 BCF 1911 SC27 = E. 114 CORNER SEC. 13, T 1 S, R7E, FND. CITY OF MESA BCHH SC28 = E. 114 CORNER SEC. 24, T 1 S, R7E, FND. U.S. GLO BRASS CAP 1911 SC29 = SE CORNER, SEC. 19, T 1 S R8E, FND. BCHH SC30 = E. 114 CORNER, SEC. JO, T 1 S, R8E, FND. PINAL COUNTY PUBLIC WORKS BRASS CAP LS #31021 SC31 = SE CORNER, SEC. 25, T1S, R7E, FND. 1" IRON PIPE WITH NO MARKINGS SC32 = E. 114 CORNER SEC. 25, T 1 S, R7E, FND. MARICOPA COUNTY BRASS CAP LS JJ656J 2002 SC33 = W. 114 CORNER, SEC. 30, T 1 S, R8E, FND. ACF SC34 = SE CORNER, SEC. 24, T 1 S, R7E, FND 112" REBAR NO MARKING SC35 = NW CORNER, SEC. JO, T 1 S, R8E, FND. U.S. GLO BRAS CAP ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:14 of 17 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g c o m SC36 = SW CORNER, SEC. JO, T 1 S, R8E, FND. U.S. GLO BRASS CAP SC37 = S. 114 CORNER, SEC. JO, T I S, R8E, FND. ACF SC38 = SE CORNER, SEC. JO, T 1 S, R8E, FND. BCHH, CAP BROKEN SC39 = E. 114 CORNER, SEC. 31, T 1 S, R8E, FND. BCHH SC40 = SE CORNER, SEC. 29, T 1 S, R8E. FND. NOTHING SC41 = E. 114 CORNER, SEC. 32, T 1 S, R8E, FND. GLO BRASS CAP SC42 = S. 114 CORNER, SEC. 20, T 1 S, R8E, FND. GLO BRASS CAP SC43 = SE CORNER, SEC. 20, T 1 S, R8E, FND. GLO BRASS CAP SC44 = E. 114 CORNER, SEC. 17, T 1 S, R8E, FND. GLO BRASS CAP SC45 = SE CORNER, SEC. 17, T 1 S, R8E, FND. GLO BRASS CAP SC46 = S. 114 CORNER, SEC. 17, T 1 S, RSE, FND. GLO BRASS CAP SC47 = E. 114 CORNER, SEC. 20, T 1 S, R8E, FND. GLO BRASS CAP SC48 = S. 114 CORNER, SEC. 8, T 1 S, R8E, FND. GLO BRASS CAP SC49 = SE CORNER, SEC. 8, T 1 S, R8E, FND. BRASS CAP STAMPED S8/S9/S 17/S 16 LS 1135306 SC50 = S. 114 CORNER, SEC. 9, T 1 S, R8E, FND. ACF SC51 = E. 114 CORNER, SEC. 16, T 1 S, R8E, FND. GLO BRASS CAP SC52 = S. 114 CORNER, SEC. 16, T 1 S, R8E, FND. GLO BRASS CAP SC53 = SE CORNER, SEC. 16, T 1 S, R8E. FND. NOTHING SC54 = N. 114 CORNER, SEC. 22, T 1 S, R8E, FND. GL0 BCHH SC55 = E. 114 CORNER, SEC. 21, T 1 S, R8E. FND. NOTHING SC56 = S. 114 CORNER, SEC. 21, T 1 S, R8E, FND. GLO BRASS CAP SC57 = SE CORNER, SEC. 21, T 1 S, R8E, FND. U.S. GLO BRASS CAP STAMPED 521IS22IS27IS28 1914 SC58 = S. 114 CORNER, SEC. 22, T 1 S, R8E, FND. GLO BRASS CAP SC59 = E 114 CORNER, SEC. 28, T 1 S, R8E, FND. GLO BRASS CAP SC60 = N. 114 CORNER, SEC. 33, T 1 S, R8E, FND. GLO BRASS CAP SC61 = NE CORNER, SEC. 33, T 1 S, R8E, FND. U.S. GLO BRASS CAP STAMPED 1914 SC62 = N. 114 CORNER, SEC. 34, T 1 S, R8E, FND. IRON PIPE NO TAG SC63 = E. 114 CORNER, SEC. 34, T 1 S, R8E. FND. U.S. GLO BRASS CAP SC64 = E. 114 CORNER, SEC. 33, T 1 S, R8E, FND. U.S. GLO BRASS CAP N iu �� 41282 ADRIAN M. o BURCHAM o. ode o�ti. SjBned R''t 9RI2ONA U.5.P N.T.S. ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:15 of 17 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w . h u b b a r d e n g i n e e r i n g . c o m A = FND. PK NAIL W/TAG LS #J9J25 B = FND. U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BRASS CAP C = FND. 1/2" REBAR W/CAP LS IIJ9J25 D = FND. 1/2" REBAR W/TAG LS J2177J E = FND. 4" PINAL COUNTY PUBLIC WORKS BRASS CAP F = FND. PINAL COUNTY PUBLIC WORKS BRASS CAP LS #J1021 G = FND. CITY OF MESA BCHH ® INTERSECTION OF MERIDIAN & PRONGHORN H = FND. CITY OF MESA BCHH ® INTERSECTION OF MERIDIAN & PETERSON I = FND. CITY OF MESA BCHH ® INTERSECTION OF MERIDIAN & PRAIRIE J = FND. CITY OF MESA BCHH ® INTERSECTION OF MERIDIAN & QUINTANA K = FND. CITY OF MESA BCHH ® INTERSECTION OF MERIDIAN & RENFIELD L = FND. CITY OF MESA BCHH ® INTERSECTION OF MERIDIAN & REMBRANDT M = FND. REBAR W/CAP LS JJ2788 N = FND. PK NAIL NO TAG 0 = FND. IRON PIPE NO TAG P = FND. REBAR W/CAP LS J50620 Q = FND. MCDOT BRASS CAP LS 1122782 0 INT OF MERIDIAN & SABLE R = FND. MCDOT BRASS CAP LS J22782 @ INT. OF MERIDIAN & SOLINA S = FND. 112" REBAR NO CAP T = FND. 112" REBAR W/CAP LS JJ2222 U = FND. ACF W/CAP LS #J9J25 V = FND. PK NAIL W/TAG HEWITT LS J2177J W = FND. BRASS CAP FLUSH STAMPED CAP ROW LS #J9J25 N ti W 41282 Fo ADRIAN M. o BURCHAM o� yeti• S911ed 9R�IONA u 5 P N.T.S. ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:16 of 17 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM 1201 S.Alma School Rd. Suite 1200000 Mesa,AZ 85210 E N G I N E E R I N G Ph:480.892.3313 w w w h u b b a r d e n g i n e e r i n g c o m LINE TABLE LINE TABLE LINE # BEARING LENGTH LINE # BEARING LENGTH L l N89°4421'E 42.94' L 14 S8°49'30"E 861.60' L2 S89°46'09"E 1045.52' L 15 S23°09'55"E 936.25' L3 S39°4939"E 1011.54' L 16 NO°36'36"W 959.66' L4 S39°4937"E 1061.71' L 17 NO°39'04"W 1317. 10' CO E TE .p L5 S65°30 54 E 580.79 W 41282 �0 L 18 NO°38 44 W 371.05 ADRIAN M. L6 N89°59557- 942.39' o BURCHAM moo. L 19 S89°3553"E 1419.06' �m ohs L 7 S34°1735"E 286.43' 9ned Q5. P L20 N89°37'16"W 1403.26' �2ONA U.S. L8 S34°1321"E 244.01' L21 SO°39'10"E 75.01' L9 S34°18'10"E 1162.61' L22 NO°39'10"W 314.31' L 10 S31°47'01"E 483.62' L23 NO°37'47"W 398.28' L 11 S29°16'41"E 2796.96' L24 NO°37'35"W 2637.63' L 12 S27°26'50"E 1086. 12' L25 NO°37'56"W 3026.95' L 13 S 14 2438"E 919.91, L26 SO°1349"E 2639.89' CURVE TABLE CURVE # DELTA RADIUS LENGTH CHORD C 1 11 75554" 10000.00' 2082.47' S84 26'10"W 2078.71 C2 11°1744" 10000.00' 1971.47' S84°07'05"W 1968.28 C3 11°33'00" 10000.00' 2015.84' S83°59'13"W 2012.43 C4 12°10'01" 10000.00' 2123.54' S84°1743"W 2119.55 C5 4°03'48" 1057.78' 75.02' N00°2244"E 75.00 ASLD 8500 Project No. Date RETAINED PARCEL BOUNDARY 19123 05/05/20 Sht:17 of 17 EXHIBIT 'A-2" Project Manager Project Eng. Pinal County, Arizona ADRIAN BURCHAM A ® ® o pache Junction Municipal Pia n ng Area, X Legend ' " Future Land Use(General Plan 2020p Land Use Detail 't$3t D �', " ' a ,'Transportation MESAlr M € $ t'ional" n "' Consarvatlon(1 DU/AC) t a � � ti ff Low Density Residential H DUII.25 AC) T` t,'' Medium Density Residential(10 DU/AC Max) f 1 A PA C H U:N C't O N 'd "��. ° " High Density Residential(40 DU/AC Max) x Downtawn Mixed Use s Master Planned Community(20 DUTAC Max) Coenaetercial i;uta., Ligh4lndu$in h)3usinass Park and Industrialrcr" M19 Publicllnstilutlanal .1 x„a,"; ,: r ...,x,r'.. ��^ ;""x{wth ' g ..d r 'a s din Spam and Recreation � 2 a If Miles .. f d� jc7,,rtyyt4 t '¢hw."`®. ®s ..., .t ,....,, m,. flEj, Community g u ,yr� it 3rta 11KIJU CPIELD MPG 92' ,$0,' 202os r�` 2 a r � t rr� F 2 If �RHORTONNIPC##2: ' � 1 i}{ tie r'r°8I„ t:%* ..:".a �, a a �'- 4f�j'f�� ft,t FY, a.* ,� �>a'`'.a �✓;� : L 18� ,"��' �,���,t�,� t �!' ( s t 4... pt 11U"t r'.Y4J"w, �=!4'�'7y�1y��s{{�et`'r�r'' �'i' '� I.,>?"�e' r''�. �.>.;*�d`" ,."' ..i ,r'', ;a✓'. "xa»+'�,,,n �,?'" t i`.�j c a F��� :swat at`s��} `i,�',�i 2�t��Ir;i j'i �-« �"�`� "�'�t '� u'" t`' <✓�' ,x�, �,, "� „�. �, s,t :t�i��?�'s� i;' �` )��,�,}yt�r1 t�`t ,)§R"'nD aEits,�y'��,'',��#;;�, C7.jr �✓'>f�," °"°jf'';� ,yA.«'.,",^ i°s"+! a°'"''�.,r""�,�'..,. .��- �,`"�,�"*"`„r'"",+^'r"'�r"�'�` '. E I. "Gy�(���t{a£Y'a'�wg���� �,;i t,�~i•'��q�ft��r 8°'stt{gt+�� �'�"�"�j��}4'1��i1(��&'6 r`�"�y'$Y"?ai"��j''h> iJ�✓ .✓'�r ':, �rvt x,� a+ a'{�, ,„+ d :*a`'�.i"� ,f'tj� �`<"'r«" pr ':: V .. . E EL(9PER ENGINEERING 1'EA6\n9� SEWER:HI GAR IL CN 24 1 e +" EL DRAINAGE:H ILi ® -W( SO N �j 3rt to a sr F(JTl1RE�EVELQPEEZ; f � ��S+.t{ 2t{4ttts�,,f aJ ii '" p�� ,,,�' r"a ,: ''�,'"," ,^"�"' r ,�� �,`,;r","+' 9✓"` ,,?� „�,, t,� ^�� .:"" w» �S t�t t t i t i ����' 1 '� '� +d" �,r'�; r`"'�,r"",a✓`�y�'�,.r"��'+�:,✓'��,t" �.*� :r"` ''" ,�",r',+�^ ,>�"".+"'� r," �", � City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. File ID: 21-166 Sponsor:Jennifer Pena Agenda Date:6/15/2021 Index: In Control: City Council Meeting Consideration of application for a series 006 (bar) liquor license application for Taradiddles located at 285 N. Apache Trail. The next step in the process is for council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 CityApacheof Junction 300 East Superstition Boulevard • Apache Junction, Arizona 85119 •www.ajcity.net JUNE 15, 2021 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER FROM: JILL BRIGHT, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 006 BAR LIQUOR LICENSE FOR TARADIDDLES An application for a Series 006 bar liquor license has been submitted by Amy Nations on behalf of Taradiddles, located at 285 N. Apache Trail in Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on March 22, 2021 and the Apache Junction City Clerk's Office received the application from them on March 29, 2021. The notice of public hearing was posted at the business on March 30, 2021, meeting the 20 day posting requirement. The applicant was notified by phone and e-mail of the public hearing and was encouraged to attend to address any questions council may have. The Police Department, Planning Division and Superstition Fire District find compliance with the inspection requirements and recommend approval. The Building Division requests that council delay approving the requested liquor license until the required permits and plans have been submitted and pass the required inspection. The work done without permits include changing of plumbing fixtures and their locations, mechanical changes to the kitchen make-up air and hood systems, relocation of one of the grease hoods, relocation of an interior wall and the installation of an exterior door. The recommendations are attached in Legistar for your review. The city council may now make a recommendations of approval, denial or no recommendation to the Arizona State Liquor Licenses and Control on this application. Home of the Superstition Mountains State of Arizona Department of Liquor Licenses and Control 0 Created 03/22/2021 @ 03:58:05 PM Local Governing Body Report ---------------------- LICENSE Number: 06110082 Type: 006 BAR Name: TARADIDDLES State: CD Pending Issue Date: Expiration Date: 08/31/2021 Original Issue Date: 01/18/1980 Location: 285 N APACHE TRAIL APACHE JUNCTION,AZ 85120 USA Mailing Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (480)877-8527 Alt.Phone: (480)730-2675 Email: LIQUORLICENSE@AZLIC.COM Currently,this license has pending applications. AGENT Name: AMY S NATIONS Gender: Female Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (480)730-2675 Alt.Phone: Email: LIQUORLICENSE@AZLIC.COM OWNER Name: TARADIDDLES LLC Contact Name: AMY S NATIONS Type: LIMITED LIABILITY COMPANY AZ CC File Number: 23097181 State of Incorporation: AZ Incorporation Date: 06/17/2020 Correspondence Address: PO BOX 2502 CHANDLER.AZ 85244 USA Phone: (480)730-2675 Aft. Phone: Email: LIQUORLICENSE@AZLIC.COM Officers/Stockholders Narne: Title: %Interest: Pagel of HELEN MICHELE OPPEi-irfEIMER MEMBER 50.00 PHILIP ADAM OPPENHEIMER MEMBER 50,00 TARADIDDLES LLC - MEMBER Name: PHILIP ADAM OPPENHEIMER Gender: Male Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (602)300-4982 Alt. Phone: Email: PHILIP.OPPENHEIMER@TMRADIDDLES.NET TARADIDDLES LLC - MEMBER Name: HELEN MICHELE OPPENHEIMER Gender: Female Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (623)363-8043 Alt.Phone: Email: HELEN.OPPENHEIMER@TARADIDDLES.NET NUNAGERS Name: JAMES ANDREW ,OPPENHEIMER Gender: Male Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (602)295-2999 Alt.Phone: Email: JAMES.OPPENHEIMER@TARADIDDLES.NET Name: SUZANNE MIA OPPENHEIMER Gender: Female Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (602)295-2674 Alt.Phone.- Email: SUZY.OPPENHEIMER@TARADIDDLES.NET Page 2 of 3) APPLICATION INFORMATION Application Number: 143389 Application Type: Owner Transfer Created Date: 03/22/2021 QUESTIONS & ANSWERS 006 Bar 1) Are you applying for an Interim Permit(INP)? Yes A Document of type INTERIM PERMIT(INP)NOTARY PAGE is required. 4) Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City;Town or Tribal Reservation? No 8) Did the Premises phone number change? Yes What is the new phone number? 480-877-8527 10) Provide name,address,and distance of nearest school and church.(If less than one(1)mile note footage) APACHE TRAIL HIGH SCHOOL 945 APACHE TRAIL APACHE JUNCTION AZ 85120 3,042 FEET TABLE OF GRACE CHURCH 555 APACHE TRAIL APACHE JUNCTION AZ 85120 2,200 FEET 11) Are you one of the following?Please indicate below. Property Tenant Sub-tenant Property Owner Property Purchaser Property Management Company TENANT 12) Is there a penalty if lease is not fulfilled? Yes What is the penalty? STILL OWE LEASE TERM 13) What is the total money borrowed for the business not including the lease? Please list lenders/people owed money for the business. 60,000.00 BANKERS HEALTH CARE GROUP 14) Is there a drive through window on the premises? No 15) If there is a patio please indicate contiguous or non-contiguous within 30 feet. CONTIGUOUS 16) Is your licensed premises now closed due to construction,renovation or redesign or rebuild? No 23) Total Price paid for Series 6 Bar,Series 7 Beer&Wine Bar or Series 9 Liquor Store(license only) 10.00 Page 3 of 3 1 State of Arizona Department of Liquor Licenses and Control Created 03/22/2021 @ 04:08:23 PM Local Governing Body Report LICENSE Number: INP 1100 13348 Type: INP INTERIM PERMIT Name: TARADIDDLES State: Active Issue Date: 03/22/2021 Expiration Date: 07/05/2021 Original Issue Date: 03/22/2021 Location: 285 N APACHE TRAIL APACHE JUNCTION,AZ 85120 USA Mailing Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (480)877-8527 Alt.Phone: (480)730-2675 Email: LIQUORLICENSE@AZLIC.COM AGENT Name: AMY S NATIONS Gender: Female Correspondence Address., PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (480)730-2675 Alt.Phone: Email: LIQUORLICENSE@AZLIC.COM OWNER Name: TARADIDDLES LLC Contact Name: AMY S NATIONS Type: LIMITED LIABILITY COMPANY AZ CC File Number: 23097181 State of Incorporation: AZ Incorporation Date: 06/17/2020 Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (480)730-2675 Alt.Phone: Email: LIQUORLICENSE CctAZLIC.COM Officers/Stockholders Name: Title: %Interest: Pagel of HELEN MICHELEOPPEi-,r4EIMER MEMBER 50.00 PHILIP ADAM OPPENHEIMER MEMBER 50.00 TARADIDDLES LLC - MEMBER Name: PHILIP ADAM OPPENHEIMER Gender: Male Correspondence Address. PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (602)300-4982 Alt. Phone: Email: PHILIP.OPPENHEIMER@TARADIDDLES.NET TARADIDDLES LLC - MEMBER Name: HELEN MICHELE OPPENHEIMER Gender: Female Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (623)363-8043 Alt.Phone: Email: HELEN.OPPENHEIMER@TARADIDDLES.NET M&NAGERS Name: JAMES ANDREW OPPENHEIMER Gender: Male Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (602)295-2999 Alt.Phone: Email: JAMES.OPPENHEIMER@TARADIDDLES.NFT Name: SUZANNE MIA OPPENHEIMER Gender: Female Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (602)295-2674 Alt.Phone: Email: SUZY.OPPENHEIMER@TARADIDDLES.NET Page 2 of 3 APPLICATION INFORMATION Application Number-. 143390 Application Type: New Application Created Date: 03/22/2021 QUESTIONS & ANSWERS INP Interim Permit 1) Enter License Number currently at location 06110082 2) Is the license currently in use? Yes 3) Will you please submit section 5,page 6,of the license application when you reach the upload page? No Page 3 of 3 '21 MW 2n 09. Lic, Fml2;24 4, 614 S F r /70 iR+1 ' --yo��, ` /'fFvvt� ti 7 ' ? \ ! ��L�y 1 +' {,j i ,t F t•t rf i V4 otrftr' t�■1 \ �S4'�•,�-, ��`!1, •fi �`!�l'%," �• R`' t � '•<`R�Rdu^.. v1 XV`Tj,O \ tta Si ' GGff r�. t v \ .\ Slurp � ��'.l v�rA OL-28 Tn�, • ` •�\'\(. , ,fir,l \,/ t.. Ix 1, ELM 1��'/ 'e�',•.` fir! '' � `�s ,+t � �'t\=\�•:...� ''�•• t, ' .---�— .... � ° � ,. � ,''> � /y�/•,i1 `r,; ., '•.\ �r 1:1� �1'�4'*3:' \fr ! i It tii " *.,\ t, tABAS ., 4 / +.QJOC'VrC' , =..-•4.�,.-......., ! =t .tea. "\ & pis IN bb ENTRANCE EXIT ' City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 16. File ID: 21-306 Sponsor: Larry Kirch Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No. 1505, a proposed planned development major amendment requested by Sridhar Krishnan of AUM Investments, of the 1 acre property located at 512 N. Valley Drive currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development)to allow the addition of 7 units for a total of 13 units on the property. City of Apache Junction,Arizona Page 1 Printed on 6/9/2021 City ofApache Junction Development Services Department Date : June 15, 2021 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Morgan Henn, Planning Intern Subject: June 15, 2021, City Council Public Hearing Item. P-21-6-PZ (Ordinance No. 1505) 512 N. Valley Drive Background P-21-6-PZ is proposing a planned development major amendment of the 1 acre property currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development) . The applicant is proposing the addition of 7 units for a total of 13 units on the property. The applicant has also proposed other onsite improvements, which include laundry facilities, additional storage, a playground area, landscaping, and additional parking. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on May 25, 2021 (planning staff report and exhibits attached) . The Commission continued P-21-6-PZ to June 8, 2021 . The commissioners requested more information about police reports related to the property, about the utility easements which serve the property and about mail delivery boxes . At the time this report was written, staff had not received a recommendation from the Planning and Zoning Commission. Draft ordinance no. 1505 was drafted with staff' s recommendation. If need be, staff will present on updated ordinance to council on June 15, 2021 . Staff Recommendation Staff recommends approval of rezoning case P-21-6-PZ subject to the conditions found in the draft ordinance . Attachments: - Draft Ordinance No. 1505 - PZ Staff Report from May 25, 2021 with all attachments. City ofApache Junction Development Services Department Date : June 8, 2021 To: Planning and Zoning Commission Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Morgan Henn, Planning Intern Subject: June 8, 2021, P&Z Commission Public Hearing Item: P-21-6-PZ 512 N. Valley Drive Background P-21-6-PZ is proposing a planned development major amendment of the 1 acre property currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development) . The applicant is proposing the addition of 7 units for a total of 13 units on the property. The applicant has also proposed other onsite improvements, which include laundry facilities, additional storage, a playground area, landscaping, and additional parking. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on May 25, 2021 (planning staff report and exhibits attached) . The Commission continued P-21-6-PZ to June 8, 2021 . The commissioners requested more information about police reports related to the property, about the utility easements which serve the property and about mail delivery boxes . At the time this report was written, staff had not received a recommendation from the Planning and Zoning Commission. Draft ordinance no. 1505 was drafted with staff' s recommendation. If need be, staff will present on updated ordinance to council on June 15, 2021 . REQUESTED INFORMATION The commissioners requested more information about police reports related to the property, about the utility easements which serve the property and about mail delivery boxes . Staff received a crime report from the Police Department listing current incidents that were reported for this property (see attached police report) . Staff from AZ Water confirmed that there are four meters along the western side of the property line within an easement, and requires that the developer to maintain access to all four meters and must pothole the waterline location to ensure it will not be blocked by construction. Other utility companies needing access to their facilities in the easement, must deal directly with the property owners . The city does not own or control any utilities . Staff from the Apache Junction Post Office confirmed that all mailboxes must remain on the east side of Valley Drive, and a cluster unit will be required. Staff Recommendation Staff recommends approval of rezoning case P-21-6-PZ subject to the conditions with the addition of condition no. 6 : Street improvements include but are not limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, subject to review and approval by the city engineer. Attachments: - PZ Staff Report from May 25, 2021 with all attachments. - Police Report 1 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: May 25, 2021 CASE NUMBER: P-21-6-PZ APPLICANT: AUM Investments LLC Represented by Sridhar Krishnan REQUEST: Proposed planned development major amendment of the 1 acre property currently zoned RM-1/PD (High Density Multiple- Family Residential by Planned Development) to allow the addition of 7 units for a total of 13 units on the property. LOCATION: Property is located at 512 N. Valley Drive, Pinal County Assessor parcel number 101-15-063A. GENERAL PLAN/ ZONING DESIGNATION: High Density Residential (40 du/ac max) ; currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development) . SURROUNDING USES: North: Residential Property, zoned RS-20M; South: Residential Property, zoned RS-20M; East: Residential Property, zoned RS-20M; West: Residential Property, zoned RS-20M "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 2 BACKGROUND The subject property is located in one of the older parts of town in the Apache Addition Acres subdivision. The original zoning of this site was General Rural (GR) until the adoption of the new zoning code in May 2014 converting the zoning to RS-20M (Medium Density Single-Family Detached Residential) . The buildings and use as 6 unit apartment rental property was established prior to the city adopting its original zoning ordinance in March of 1985 . There were long existing legal nonconforming use and setback issues on this property. The nonconforming issues have constrained previous owners from making certain property improvements, including adding more units and other amenities . In May of 2016, Ordinance No. 1430 Case PZ-5-16 was approved for the rezoning of the property from RS-20M (Medium Density Single- Family Detached Residential, Conventional or Manufactured Home Permitted) to RM-1/PD (High Density Multiple Family Residential by Planned Development) to correct the zoning to allow for the continued use of the existing 6 unit apartment rentals on the property. However, the ordinance stated that if the property owner proposed to add more residential units, a PD amendment was required. PROPOSALS P-21-6-PZ is a proposing a planned development major amendment of the 1 acre property currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development) . The applicant is proposing the addition of 7 units for a total of 13 units on the property. The applicant has also proposed other onsite improvements, which include laundry facilities, additional storage, a playground area, landscaping and additional parking. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as High Density Residential (40 du/ac max) . "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 3 Zoning/Site Context: The 1 acre parcel is a privately-owned piece of land surrounded by residentially zoned land on all sides . The RM-1/PD zoning deviates from the surrounding single-family zoned properties immediately surrounding the site . However, the use of the property as a 6 unit apartment rental existed before the city adopted its first zoning ordinance in 1985 . The RM-1/PD zoning legitimized the long existing use for multiple family apartments and allows for future improvements and helps provide an additional similar intensity housing opportunity in the neighborhood. Planned Development Zoning: The applicant is not asking for any deviations from the Zoning Ordinance, other than those which may already exist with the current buildings . Infrastructure Improvements: Road dedication has already occurred and utilities are already provided to the location. All other necessary on-site and off- site improvements, including community amenities, retention basins, accessible routes, landscape buffers, etc. , will be built at the time of development . Public Input: A public participation meeting was held on February 5th, 2021, by the applicant to provide neighboring residents the opportunity to learn more about the project and share any comments or concerns . Four residents attended the public participation meeting. The main issues or concerns regarding the project are increased traffic, increased noise, and increased crime . The complete Final Participation Report is attached. Neighborhood meeting notification letters were sent from the city to the subject property owner and all property owners within a 300-foot radius . The city has also sent out public hearing notices noting the time, place and proposed request. "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 4 Staff received one letter from a neighbor regarding the major amendment request. They wanted to share their concerns for the project. The letter is attached. FINDINGS OF FACT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria is outlined in the text below: 1 . That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Staff Response: The applicant is seeking to take advantage of the RM-1/PD zoning density already existing on the property. It is a reasonable request and a quality submittal which will improve the property. 2 . That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Staff Response: Within the proposed design, all safety concerns are accommodated and will meet code to ensure a safe and comfortable environment for all inhabitants . 3 . That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Staff Response: No deviations from the zoning ordinance are being requested. PLANNING DIVISION RECOMMENDATION Staff respectfully recommends the APPROVAL to the Commission of the request and that they include the following conditions of approval as part of a favorable recommendation to the City Council . As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 5 RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of case P-21- 6-PZ, a planned development major amendment request by Sridhar Krishnan of AUM Investments LLC, to amend the planned development of 1 acre in order to allow for the addition of 7 apartment units for a total of 13 apartment units, subject to the following conditions of approval : 1) All construction proposed on the property shall be subject to proper permits and inspection and be constructed in substantial compliance with the conceptual plan presented in case P-21-6-PZ . 2) All rental units shall be compliant with all other adopted City codes and ordinances, including but not necessarily limited to, the city' s zoning ordinance, engineering guidelines and landscape and screening requirements . 3) Landscape, screening and irrigation improvements, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5- gallon in size . 4) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lot. Inclusively, all applicable development fees shall be paid at the time of permit issuance . 5) Applicable development fees for the new units shall be paid at the time of building permit issuance . Morgan Kenn Prepared by Morgan Henn Planning Intern "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 6 Attachments : Exhibit #1 - P-21-6-PZ Application Exhibit #2 - Project Narrative Exhibit #3 - Aerial Exhibit Exhibit #4 - Ordinance no. 1430 Exhibit #5 - P-21-6-PZ Site Plan Exhibit #6 - P-21-6-PZ Floor Plan Exhibit #7 - P-21-6-PZ Landscape Plan Exhibit #8 - P-21-6-PZ Color Board Exhibit #9 - P-21-6-PZ Elevations Exhibit #10 - Final Participation Report Exhibit #11 - Resident Letter "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report Apache Junction Rezoning Application P-21-6-PZ Submitted by Sridhar Krishnan auminvestmentz@gmail.com (210)421-4341 Address of Proposed Work: 512 N valley dr City: Apache Junction State: AZ Zip: 85120 Contact Information Applicant's Contact Information Title: First Name: SRIDHAR Last Name: Krishnan Suffix: Business Name: AUM Investments LLC Mailing Address: 2251 W Spur Dr City: PHOENIX State: AZ Zip: 85085 Email Address: auminvestmentz@gmail.com Cell Phone: (210) 421-4341 Work Phone: Home Phone: (210) 421-4341 Property Owner's Contact Information Title: First Name: Last Name: Suffix: Business Name: Mailing Address: 2251 W SPUR DR City: PHOENIX State: AZ Zip: 85085 Email Address: Cell Phone: Work Phone: Home Phone: You can complete this application and view application updates online at My MyGovernmentOnline.org Gov(---�rnr-r)entOnline CREATED BY GOVERNMENT FOR GOVERNMENT Printed 5/19/2021 Paqe 1 of 3 Application Questionnaire ( denotes required question) Rezoning Application Project Name 512 N Valley Drive rezoning(PDR 7-20) Current Zoning District * RM 1-PD Owner Authorization (Type Full Name) * Sridhar Krishnan Thasarapalli Mannar I hereby certify that the above information is correct,and that 1 am authorized to file an application on said property, being either the owner or authorized agent to file on behalf of the owner.Anyone applying without authorization from the property owner(s) shall be subject to penalty under all applicable laws. Existing General Plan Designation * NA Proposed Zoning District * RM 1 Application Type: PD Major Amendment Assessor's Parcel Number: * 101-15-063A Acreage * 1 acre Documents Uploaded The following documents are attached to the Application. public participation plan for 512 n valley drive zoning change.docx &JENAD You can complete this application and view application updates online at My MyGovernmentOnline.org ov(,-rmr—r)entOnline CREATED BY GOVERNMENT FOR GOVERNMENT Printed 5/19/2021 Paqe 2 of 3 indemnification.pdf Fee Acknowledgement legal fees.pdf Mailing Label Certification mailing label.pdf Mailing Labels of properties within 300 foot zoning - mailing labels.pdf radius of subjected property Ownership Certification deed - apache junction.pdf ownership certification.pdf Project Narrative aj -project narrative.pdf PZ Acknowledgement Form acknowledgement.pdf Site Plan a02O.pdf a401 (1).pdf 2020_09 - color board.pdf Title Report no older than 6 months deed - apache junction.pdf WA 20 You can complete this application and view application updates online at My MyGovernmentOnline.org Govc;r-nrnentOnline CREATED BY GOVERNMENT FOR GOVERNMENT Printed 5/19/2021 Paqe 3 of 3 4 May 2021 Below is project narrative to the 512 N. Valley Dr. apartments: Owner:AUM Investments LLC Contact: Sridhar Krishnan Project Address: 512 N VALLEY DRIVE,APACHE JUNCTION,AZ 85120 Parcel Number:APN: 101-15-063A The current legal description of the site is as follows: LOT 21, BLOCK 3 OF APACHE ADDITION ACRES IN ROOK 05 OF MAPS AGE 32 SEC 20-01N-08E 43, 531.05 SQUARE FEET 1.00 ACRE Subdivision:APACHE ADDITION ACRES Zoning: RM1/PD Land Use Description: MULTI-FAMILY RES „Purpose of this Request": This is to request a planned development amendment to an approved City of Apache Junction Zoning Ordinance 1430 Case PZ-5-16 passed by City Council May 3rd 2016.The existing parcel ( 01-15-06 ) is currently designated by the City of Apache Junction as RM1/PD which by definition is High Density Multiple-Family Residential by Planned Development. Previously,the stated property was RS-20M MEDIUM DENSITY SINGLE- FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED. The gross parcel is 43,581.05 SF or 1 Acre.The proposed lot coverage is 22.22°l where 50%is allowed Currently,the RM-1/PD zoning states: High Density Multiple-Family Residential. Maximum density of 1 units/acre (Le., 3,350 square feet per unit) and minimum development parcel size of 7,000 square feet. It is the intention of the owner to update the building and construct additional units that would be a maximum of 13 units. The Owner wishes to enhance the property and provide for laundry facilities, an additional storage unit, a playground area for the tenants.The parking will allow for ADA spaces and provide 26 spaces,The proposed project will not change access points to arterial streets nor encroach on established right-of-way.All parking areas and driveways remain behind the building setback lines except where necessary to access the site. Additional landscaping, landscape islands. Updated architectural details will be added to allow an attractive street appearance and minimize the view of cars and parking areas.A new retention basin will be added easily preventing any drainage issues. There will be no impact on traffic patterns,walkability around the property or the creation of adverse conditions to the neighborhood. Please do not hesitate to contact me should you have any questions regarding this matter. Sincerely, Jul Nimdeo Associate - Pathangay Architects, LLC 727 F Betl:eii7 Fimie Foal, Suite I3 225 Plioeiiiz,Arizom VISA 85014 602 368 9375 1602 368 9380 µ tt sf£ r " rs t4 is f 3 k �t t fir. i.; .�3 ��"'�Spt,,itr{r 4�`rr Jll}�t;d�r�t� cjrt rr;t��3}�1 slf��?�����YY fit£ �>y tr• �� £rrt +{s££7££r ` tsts�FP�tti}f �PE s { i�1 "s {, cdtrf .tJ' t t��nrt s r k} {�P t t iiG f t 2 i at 1k LEGEND City of Apache Junction Street Names } Case History 13 State Land Annexation - Municipal Boundary Parcels SR24 Right-of-way 17 Apache Junction CITY OF APACHE JUNCTION �"""i �,b State Land Sold Final County i FINAL COUNTY May 19, 2021 0 0.01 0.02 County Boundary `} Addresses mi Content maintained by the.Apache Junction GIS.D€vision ORDINANCE NO. 1430 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-5-16, AND LOCATED AT 512 AND 516 NORTH VALLEY DRIVE, APACHE JUNCTION, ARIZONA, A REQUEST BY GENE RODAWAY, REPRESENTED BY LESLIE COOKE, FROM MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED ("RS-20M") TO HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT ("RM-1/PD") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject site is a non-conforming property which has been used as a 6 unit apartment rental property prior to the city adopting its March 1985 Zoning Ordinance, pursuant to Ordinance No . 350; and WHEREAS, during the public hearings conducted in 2014, in which the city was considering the adoption of a new zoning ordinance and zoning district maps, the property owner requested that the Apache Junction City Council correct the zoning on the property to multiple-family as part of the process; and WHEREAS, the property owner requested the zoning correction so that the 6 unit apartment rental property would have proper zoning, which would then allow improvements to be made to the property, which could not be done as long as the property was non-conforming; and WHEREAS, it has been the property owner' s desire to continue operating the apartment rentals and make improvements to benefit the property and general neighborhood; and WHEREAS, on May 5, 2014 the Apache Junction City Council adopted said new zoning ordinance and zoning district maps, and directed staff to work with the property owner on a city-initiated planned development rezoning of their property; and ORDINANCE NO. 1430 Page 1 of 5 WHEREAS, under the proposed High Density Multiple-Family Residential District by Planned Development zoning ('ARM-11PD") , the property owner is agreeable to installing landscaping, constructing carports with storage rooms, a laundry room, and other improvements to North Valley Drive right-of-away, as well as a zoning condition which will require a new public hearing process if there is desire to construct additional rental units with or without deviations from the standard zoning requirements on the property in the future; and WHEREAS, on April 12, 2016, the Planning and Zoning Commission voted to recommend approval of rezoning case PZ-5-16 by a vote of 7-0, subject to conditions; and WHEREAS, the city council hereby determines that the proposed rezoning substantially conforms to all of the general criteria as specified in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-4-1, Zoning Districts, and Section 1-4-3, Planned Development ("PD") District, including compliance with the general plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the city. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as : Parcel No. 1 Lot 21, block 3, of Apache Acres Addition, correctly known as Apache Addition Acres, according to the plat of record in the office of the County Recorder of Pinal County Arizona, recorded in book 5 of maps, page 32; except the north 62 . 5 feet of the east 150 feet thereof ORDINANCE NO. 1430 Page 2 of 5 (also known as Pinal County Assessor parcel 101-15-063) ; and Parcel No. 2 The north 62 . 5 feet of the east 150 feet of lot 21, block 3, of Apache Acres Addition, correctly known as Apache Addition Acres, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, recorded in book 5 of maps, page 32 (also known as Pinal County Assessor parcel 101-15-064) ; be and hereby is amended from Medium Density Single-Family Detached Residential, Conventional or Manufactured Home Permitted ("RS- 20M") to High Density Multiple-Family Residential by Planned Development ("RM-1/PD") , subject to the following conditions : 1) Upon rezoning of the property, the site shall be developed in accordance with the submitted site plan within two years of the rezoning approval, or the zoning may be subject to reversion by legislative action of Apache Junction City Council . 2) Upon rezoning of the property the two parcels, 101-15-063 and 101-15-064, shall be combined and a single address will be assigned. 3) The front fence shall be permanently constructed. 4) All construction proposed on the property, including the installation of new signs, shall be subject to proper permits and inspections . 5) Upon construction of the laundry facility, the property shall connect to the sewer that is available . 6) A total of ten parking spaces must be designated to support the 6 unit apartment rentals . 7) The setbacks of the two existing buildings shall be permitted as shown on the site plan. Any future buildings shall follow current RM-1 zoning setbacks . ORDINANCE NO. 1430 Page 3 of 5 8) Any expansion to the number of rental units will be subject to a major planned development amendment and compliant with all other adopted City codes and ordinances, including but not necessarily limited to, the city' s zoning ordinance, engineering guidelines and landscape and screening requirements . 01) RV parking and/or storage will not be permitted on the property. 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 codes adopted herein by reference are hereby repealed. SECTION III PROVIDING- FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2016. SIGNED AND ATTESTED TO THIS ffDAY OF .f 2016. ,Z� N S . INS7ftACO ayor ATTEST: 17 KATHLEEN CONNELLY ORDINANCE NO. 1430 Page 4 of 5 City Clerk APPROVED AS TO FORM: .004 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1430 Page 5 of 5 Z SITE PLAN GENERAL NOTES 00 W J 0 w 560 N VALLEY DR APACHE JUNCTION,AZ 85120 1. DEVELOPMENT AND USE OF THIS SITE WILL CONFORM WITH ALL APPLICABLE CODES AND ORDINANCES. 9itects Z LO Q Lu �= Parcel No. (APN): 101-15-062O q i=Of=0� Land Use Cat.: RESIDENTIAL 12. ALL NEW OR RELOCATED UTILITIES WILL BE PLACED UNDERGROUND.I= Z>- s-QW Land Use Desc.: SINGLE FAMILY RESIDENCE 3. STRUCTURES AND LANDSCAPING WITHIN A TRIANGLE MEASURED BACK 10, FROM THE PROPERTY LINE ANDpathangay arc U W J o-Z 727 E BETHANY HOME RD-SUITE D225 Z o o N=W Building Area: 962 sgft 20 ALONG THE PROPERTY LINE ON EACH SIDE OF THE DRIVEWAY ENTRANCES WILL BE MAINTAINED AT A cn¢ C-Y Lot Area:43,581.00 sqft(1 ACRES) PHOENIX ARIZONA 85014 w Z�w i�o W Owner: BESTEN, GIL DEN MAXIMUM HEIGHT OF 3'. (P)602-368-9375(F)602-368-9380 0 4. ANY LIGHTING WILL BE PLACED SO AS TO DIRECT LIGHT AWAY FROM ADJACENT RESIDENTIAL DISTRICTS UQi6C�QcoO N Q o _ w AND WILL NOT EXCEED ONE FOOT CANDLE AT THE PROPERTY LINE. NO NOISE, ODOR, OR VIBRATION WILL Z o L BE EMITTED AT ANY LEVEL EXCEEDING THE GENERAL LEVEL OF NOISE, ODOR, OR VIBRATION EMITTED BY �a�0 �i•� idc BED Alp 0 (Im W USES IN THE AREA OUTSIDE OF THE SITE. tE cy,j 0 m m 0 Q O Z 0 Cn of ICAIt JO n-_j � o O N J 0 W 5. OWNERS OF PROPERTY ADJACENT TO THE PUBLIC RIGHTS-OF-WAY WILL HAVE THE RESPONSIBILITY FOR O 0 � �wQLu U v o<UJ Q MAINTAINING ALL LANDSCAPING LOCATED WITHIN THE RIGHTS-OF-WAY, IN ACCORDANCE WITH THE 40833 W r Z s� APPROVED PLANS. NAVIN I.- J J o o PATHANGAY LO =o Q o 6. THE EXISTING STRUCTURES MUST COMPLY WITH THE CHANGE OF OCCUPANCY PROVISIONS IN THE PROPERTY LINE oe w Q Z m m APACHE JUNCTION CONSTRUCTION CODE PRIOR TO USE. a-o- ' _J 2 o 7. AFTER FINAL APPROVAL THE PROJECT WILL BE INSPECTED FOR ZONING COMPLIANCE DURING ''':000 U.S. " QQ mOQ "u z Nno CONSTRUCTION AND PRIOR TO OCCUPANCY. THE APPLICANT IS TO NOTIFY DSD PRIOR TO OCCUPANCY TO LKVVALANDSCAPE w `� o . �R�R 1�T1� LANDSCAPE 0 o N co.E n EXPIRES 6/30/2022 �-__ �. ARRANGE FOR INSPECTIONS. _______________�___ ___r___-_,___-____ _�_-__ __-_____:___ ___ _______________________ ___,________ " 8. P EQUIPMENT AND SATELLITE DISHES SHALL BE SCREENED TO THE HEIGHT OF THE TALLEST _ _ _ _ r _, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -__ _ _-___-____�___ __,__ __________________ Com m 0 ALL ROOFTOP I Y 4v, ¢ Q EQUIPMENT. <C Z D 9. ALL SERVICE AREAS SHALL BE SCREENED TO CONCEAL TRASH CONTAINERS, LOADING DOCKS, \ I ' \ 1 ' \ I %r %� I r' rr E W ,�-� C° C TRANSFORMERS BACKFLOW PREVENTERS AND OTHER MECHANICAL OR ELECTRICAL EQUIPMENT FROM UN' r 204: TWQ UI#� _J ------- ---------------------- 203' S I 'hl LE - - -� U 202 S I LE U I 201 SIN LE cn B DROOM EDROO "' \I' ' EXISTING F_ _,,� ��2\� � EYE LEVEL ADJACENT TO ALL PUBLIC STREETS. TOT LOT ,/'a `� I ,EDROOI I r EDROOI 1 __$tfitLafl�tG-#�---- p� ���.� 10. BARBED, OR ADJACENT OR CONCERTINA WIRE AREAS SHALL NOT BE USED ON THIS SITE WHERE VISIBLE FROM PUBLIC 50 SQFT 13X5 SQFT r 6�5 SQFT �� 5 SQFT �P 3 u_ 11. SIGNAGE WILL BE REVIEWED UNDER A SEPARATE PERMIT. 12. WALLS ARE NOT APPROVED AS PART OF THE LANDSCAPE PLAN BUT ARE SHOWN FOR REFERENCE ONLY. WALLS ARE EXISTING. Zz 2, -�- -�- Zo __ 13. ALL RAMPS MUST MEET ADA ACCESSIBILITY GUIDELINES (ADAAG) STANDARDS 2% MAX CROSS SLOPES ----- ------ ----- - - -- ---�- AND 12:1 MAXIMUM LONGITUDINAL SLOPES. Y D MP TE CITY NOTES o Q �� PAVED ASPHALT A. FIRE DEPARTMENT ACCESS AND WATER SUPPLY REQUIREMENTS SHALL BE IN PLACE PRIOR TO / SITE ACCESSIBLE ONL E TRA CE _ PARKING COMBUSTIBLE MATERIALS BEING BROUGHT ON SITE N o Y / / DRIVEWAY �� ROUTE DRIVEWAY IV WA B. PURSUANT TO CHAPTER 32.5 OF THE APACHE JUNCTION CITY CODE,ALL NEW AND EXISTING UTILITIES -- Q --- -- U Q / WITHIN OR CONTIGUOUS TO THIS SITE SHALL BE PLACED UNDERGROUND. 0 0�� °� _ C. ALL UTILITY BOXES, VAULTS AND BACKFLOW PREVENTION DEVICES SHALL BE PAINTED TO MATCH THE z o 0 0 Q0 0 � Q -- — -- BUILDING AND SCREENED FROM PUBLIC VIEW BY A MASONRY WALL OR A ROUND-TOPPED WIRE MESH D cn W F- U ' GC ENCLOSURE, PAINTED TO MATCH THE ADJACENT WALL. ,ZItg a I ' III � � D. SIGHT DISTANCE REQUIREMENTS OF COG DETAIL G-447 (LOCAL STREETS) OR G-448 (ARTERIAL AND Q W Q 'Q VISI OR PA KING j N W COLLECTOR STREETS)ARE MET FOR ALL DRIVEWAYS AND STREETS. a o U 0' 'L o \ p J 0 E. STREETLIGHTS INSTALLED BY THE DEVELOPER MAY BE REQUIRED FOR CONSTRUCTION PLAN APPROVAL. QZ 'm-1- o U 77 77 m 2 N \ -------------- 18 17 16 15 14 13 12 10 9 8 Q o W w F. ON-SITE LIGHTING WILL BE PLACED SO AS TO DIRECT THE LIGHT AWAY FROM ADJACENT RESIDENTIAL USES 0- � PAVED ASPHALT 7 6 5 4 3 2 O rn Q W U= N= En ____- - z Z o U) of Q AND MUST NOT EXCEED ONE-FOOT CANDLE AT THE PROPERTY LINE. THE HEIGHT OF THE PARKING LOT 0 - PARKING F �- s LIGHTS WITHIN 150' OF RESIDENTIAL USE TO BE 15'. HIGH PRESSURE SODIUM (HPS) LIGHTING REQUIRED SITE ACCESSIBLE �► I �Z} co,)2 ADJACENT TO RESIDENCE. \ ROUTE DRIVEWAY W o Q co v,Q G. ON-SITE LIGHTING SHALL MEET OUTDOOR LIGHT CONTROL ORDINANCE. `n _° �► DRIVEWAY ONLY XIT w W 1u� 'm H. MAXIMUM NOISE LEVEL 55 DECIBELS (NORMAL SPEAKING VOICE)AT PROPERTY LINE. j ® RI HT RIGHT =z�w m `�_ DR VE AY Ua vow of a Q m c�Q I. CONVENIENCE USES SHALL BE SUBJECT TO A SEPARATE CITIZEN PARTICIPATION AND CONDITIONAL USE r -- - - -- — -_- WAY -Y avUZ o�� PERMIT PROCESS. O 23 241 ' -- -------------'-------------' -------------------- -------------- - ---- ------- - Q J. RESPONSIBLE FOR MAINTAINING LANDSCAPING IN ALL PUBLIC RIGHTS-OF-WAY N-- --- 1 T - I----- - - -I z THE PROPERTY OWNER IS RE -� 25 6 --- �— _ G)m c L ADJACENT TO THE PROJECT. UNDRY LDWf6N- W m m 0 W m Q LO i y -,a e I Q o � J C D S P 100 O ° A`�JND Y ° o V > z N LIN T 303: TWO UNIT 02: SINGLE U[�111 3b1: SINGLESTORAGE �` m THIS IS TO REQUEST A PLANNED DEVELOPMENT AMENDMENT TO AN APPROVED CITY OF APACHE JUNCTION Q r'BEDROOM DROOM 1 1 'Qi �' *DROOM - ZONING ORDINANCE 1430 CASE PZ-5-16 PASSED BY CITY COUNCIL MAY 3RD 2016. THE EXISTING PARCEL _________ ' UJL 1L�1� -� 101-15-063A IS CURRENTLY DESIGNATED BY THE CITY OF APACHE JUNCTION AS RM1/PD WHICH BY DEFINITION 2�-S I; ; '2�- F-1--------- , EX1S 1NG LLL 375 'OFT BUILDI G #2 IS HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT. PREVIOUSLY THE STATED r PROPERTY WAS RS-20M MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR ---------- ---�-REAR PATI --ti-- ----------------L---- -----L--------------------------- --------- -�---- ----------------------- --------�-- -`��� _,� MANUFACTURED HOME PERMITTED. U „' —_ _ - - - - -- -— ��� - ,. W W Z --- - - - — — - ' �= WALKWAY LANDSCAPE .�-�a � LANDSC E THE GROSS PARCEL IS 43,581.05 SF OR 1 ACRE. THE PROPOSED LOT COVERAGE IS 22.22% WHERE 50% IS J ALLOWED CURRENTLY, THE RM-1/PD ZONING STATES: HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL. MAXIMUM () -j DENSITY OF 13 UNITS/ACRE (I.E., 3,350 SQUARE FEET PER UNIT) AND MINIMUM DEVELOPMENT PARCEL SIZE OF Lii Q W PROPERTY LINE 7,000 SQUARE FEET. IT IS THE INTENTION OF THE OWNER TO UPDATE THE BUILDING AND CONSTRUCT N ry > N w ADDITIONAL UNITS THAT WOULD BE A MAXIMUM OF 13 UNITS. Q z V o W 0 N 0 �, ° Z THE OWNER WISHES TO ENHANCE THE PROPERTY AND PROVIDE FOR LAUNDRY FACILITIES, AN ADDITIONAL ' ^ V► , o 0 _ Q Q Q w STORAGE UNIT, A PLAYGROUND AREA FOR THE TENANTS. THE PARKING WILL ALLOW FOR ADA SPACES AND Q 0 rt Q~ C7 Z SITE PLAN o�g 0 Z PROVIDE 26 SPACES. THE PROPOSED PROJECT WILL NOT CHANGE ACCESS POINTS TO ARTERIAL STREETS NOR (col—UQ W W U_ -m W z of N ENCROACH ON ESTABLISHED RIGHT-OF-WAY. ALL PARKING AREAS AND DRIVEWAYS REMAIN BEHIND THE 0Doo= e�; 1" = 16'-0" 15 45 �W� N w o Fn Z m"W =7 o o o BUILDING SETBACK LINES EXCEPT WHERE NECESSARY TO ACCESS THE SITE. ADDITIONAL LANDSCAPING, 1ST REVIEW =—wQ—a-I— 0 30 60 90 -'ocnQo� U%-,cr� i> u)(n w w LL 7 LANDSCAPE ISLANDS. UPDATED ARCHITECTURAL DETAILS WILL BE ADDED TO ALLOW AN ATTRACTIVE STREET 1 COMMENTS QZ .. oo = .mow m sNn n a w o Z a) u) APPEARANCE AND MINIMIZE THE VIEW OF CARS AND PARKING AREAS. A NEW RETENTION BASIN WILL BE ADDED Q Q cm)_j Q v w 506 N VALLEY DR APACHE JUNCTION,AZ 85120 Q a O Q o 03/04/2021 m c'N o Parcel No. (APN): 101-15-065B 0-Q 0 Z NAM= EASILY PREVENTING ANY DRAINAGE ISSUES. Z N Land Use Cat.: RESIDENTIAL z �`��rn � THERE WILL BE NO IMPACT ON TRAFFIC PATTERNS, WALKABILITY AROUND THE PROPERTY OR THE CREATION OF Land Use Desc.: MOBILE/MANUFACTURED HOME 70 �•� ADVERSE CONDITIONS TO THE NEIGHBORHOOD. O m m U) p Nu Lot Area: 21,009.00 sqft(0.48 ACRES) > P m m °,O O a a) Q Owner: COLLINS, DAWN MAUREEN _j m_0 Q � J O < J It D Z C: LOT 21, BLOCK 3 OF APACHE ADDITION ACRES IN BOOK 05 OF MAPS PAGE 32 SEC 20-01 N-08E 43,581.05 SQUARE m � FEET 1.00 ACRE KEY NOTES PROJECT TEAM PROJECT STA TICS 101 PROPERTY LINE. 122 EXISTING TREES TO REMAIN. 102 FRONT REQUIRED 20'-0"BUILDING SETBACK LINE. 123 10'X 20'VISIBILITY TRIANGLE. OWNER PROJECT NAME: 512 MULTI FAMILY UNITE BUILDING SETBACKS 103 REAR REQUIRED 10'-0"BUILDING SETBACK. (SEE SPECIAL PLANNING NOTE B). AUM INVESTMENTS LLC PROJECT ADDRESS: 512 NORTH VALLEY DRIVE, APACHE JUNCTION, REQUIRED PROVIDED CONSTRUCTION CODES 104 10'_0" RETENTION BASIN,WITH LANDSCAPING MEETING 124 TYPICAL UNIT DIVISIONS. CONTACT: 2251 WEST SPUR ARIZONA 85120 ON 19 JUNE 2019, THE APACHE JUNCTION'S COUNCIL APPROVED THE CITY STANDARDS. 125 ONE WAY DRIVE. DRIVE, PHOENIX, ARIZONA 85085 APN: 101-15-063A STREET: 20 FEET 30 FEET ADOPTION OF THE FLOWING CODES AND THEIR AMENDMENTS. © COPYRIGHT 2°ANGAY ARCHITECTS,PATH S,LLC 5 EXISTING ACCESS POINT DRIVEWAY. RESIZED PER CITY STANDARD .126 NEW LANDSCAPING. SRIDHAR KRISHNAN WEST SIDE: 10 FEET 10 FEET KEY: 106 SITTING AREA. 127 NEW TREES ON NEIGHBORS'PROPERTY TEL: 210 434 4341 EMAIL: OCCUPANCY: CONSTRUCTION TYPE: EAST SIDE: 10 FEET 10 FEET CODE AMENDMENTS WERE APPROVED (AM. ORD. 1273, PASSED 107 PAVED ASPHALT PARKING. (WITH NEIGHBOR APPROVAL) AUMINVESTMENTZ@GMAIL.COM R-2 V-B REAR: 10 FEET 20 FEET 1 9-5-2006; AM. ORD. 1475, PASSED 6-19-2019) Z, 08 6"CONCRETE CURB AND GUTTER ACCORDING TO DETAIL 220(MAG 128 UNITS PLAY YARD FEATURE. ZONING: SITE AREA: PARKING ARCHITECT RM-1 43,581.05 SQ. FT. REQUIRED PROVIDED 018 INTERNATIONAL BUILDING CODE (IBC) 109 NEW WOOD FLAT FENCE. 129 PAVED WALKWAY PATHANGAY ARCHITECTS 018 INTERNATIONAL MECHANICAL CODE (IMC) 110 LANDSCAPE PARKING ISLAND WITH 6"CONC. CURB. 130 SEATING AREA AND PLAY AREA. 727 E. BETHANY HOME RD, STE 1 BUILDING AREA: SINGLE BEDROOM: (NEW 4 + EXISTING 4) X 1.5 12 CARS 018 INTERNATIONAL PLUMBING CODE (IPC) 111 NEW FRONT YARD LANDSCAPING. 131 TYPICAL COVERED PATIO. D225 EXISTING BUILDINGS: SINGLE ROOM 4, DOUBLE ROOM 2: 4,670 TWO BEDROOMS: (NEW 2 + EXISTING 2) X 2.0 8 CARS 018 INTERNATIONAL FUEL GAS CODE (IFGC) 112 EXISTING MULTI FAMILY UNITS. 132 NO PARKING SIGNS SPECIAL FIRE NOTE B. PHOENIX, AZ 85014 PROPOSED BUILDING: SINGLE ROOM 5, DOUBLE ROOM 2: 4,641 SF TOTAL PARKING: 20 CARS 26 CARS 018 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 113 NEW TRASH ENCLOSURE TO MEET CITY STANDARDS 6'CMU WALL 133 NEW TREE. SHEET TITLE: TEL: (602) 368-9375 ACCESSORY SPACE: 375 SF �2017 NATIONAL ELECTRICAL CODE (NEC) HEIGHT. 134 SITE ACCESSIBLE ROUTE SITE PLAN CONTACT: NAVIN PATHANGAY TOTAL AREA: 9,686 SF 2018 INTERNATIONAL RESIDENTIAL CODE 114 T-0"HIGH CMU PARKING SCREEN WALL,WITH COMPLEX 135 FIRE HYDRANT STANDARD PARKING SPACES: 24 CARS ADA CODES ARE REFERENCED IN THE 2018 INTERNATIONAL BUILDING NAME ADDRESS AND LANDSCAPE PLANTER. 136 CMU WALL CONTRACTOR BUILDING HEIGHT: ALLOWABLE - 35'-0" PROPOSED - 16'-0" (SINGLE ACCESSIBLE PARKING (1 STANDARD + 1 VAN) 2 CARS AS WELL AS ICC A117.1-2017 1 11 NEW MULTI FAMILY UNITS STRUCTURE FOOTPRINT. 137 NEW LIGHT POLE SHEET NUMBER: TBD STORY) TOTAL 26 CARS 116 SHADE STRUCTURE 138 DRIVEWAY ACCESS PER DETAIL 250-1 (MA A020 LOT COVERAGE: ALLOWED: 50% 117 ACCESSIBLE PARKING PER ADA STANDARDS. 139 6'SIDEWALK PER DETAIL 230(MAG) EXISTING: 22.22% (9,686 S.F./ 43,581.05 S.F.) 118 EXISTING POWER POLES. 1 140 MAILBOX DRAWN BY: REVIEWED BY: 119 STORM WATER RETENTION. 141 STREET LIGHT AS NP 120 NEW AC UNITS. 142 EXISTING TERRACE CANOPY/GAZEBO TO DATE: PROJECT NUMBER: 05/04/2021 2020-T39 121 EXISTING SAGUAROS TO REMAIN.. BE DEMOLISHED pathangay, architects 727 E BETHANY HOME RD-SUITE D225 PHOENIX ARIZONA 85014 (P)602-368-9375(F)602-368-9380 ��REO ARC, F AC I %if I,CAI 77 L IL J40833 xll' -------------------------------------------FW ] — I HW Ll ------- E PATHANGAY -- - 5E f - E . ONE ----- ---- L LU EXPIRES 6/30/2022 F I F- F ---—----- RC OM BEDROOM 0 --- ---- IFL---J1---TA 94.50 sqft J oj ---- A- \ ------7-ml 5 F, MASTER OM 2 4� BEDROOM 100 sqft ---------- DINNING ID H L 0 KITCHEN ---------------------- 109.81 sqft HW EIE 7\ LIVING CT� �IN 138.89 sqft �V718 qGft.............. BEDROOM 2 ---------- 93 sqft KITCHEN 96.66 sqft c DINNING 104.22 sqft D X, (3 1 u 0 ---------- ------------------------------ ------------- El a ox, PROPOSED HOUSE LEA 2 BEDROOM - 2 BATHROOM c) 30'-0" x 251-01' (750 sqft) Lo QUANTITY 2 co LL N PROPOSED HOUSE I BEDROOM - I BATHROOM 0 25*-0" x 25'-0" (625 sqft) U) QUANTITY 5 Lli W Z D iii < Lu CN 0� > a: < z C) C) N < Lo CL , In Lo < IE F- LIF L-1 L L-11 1ST REVIEW EIF"A ND�Ell= [:][]�-64 0-s�[:] COMMENTS - --- --------- 03/04/21 l]=LIL ]LILIE]EIE ]F]F]F]EEEEEEEEEE 0- -----E___J @ COPYRIGHT 2016 PATHANGAY ARCHITECTS,LLC KEY: STORAGE 164.50 sqft iF SHEET TITLE: FLOOR PLANS PROPOSED LAUNDRY/STORAGE SHEET NUMBER: BUILDING 15'-0" x 25'-0" A201 (375 sqft) DRAWN BY: REVIEWED BY: QUANTITY I JN NP DATE: PROJECT NUMBER: 3/04/2021 2021-24 1 w SITE PLAN GENERAL NOTES LO U 560 N VALLEY DR APACHE JUNCTION,AZ 85120 N W Parcel No. (APN): 101-15-062 , 1. DEVELOPMENT AND USE OF THIS SITE WILL CONFORM WITH ALL APPLICABLE pathangay architects Land Use Cat.: RESIDENTIAL Q J cn W Land Use Desc.: SINGLE FAMILY RESIDENCE N CODES AND ORDINANCES. 727 E BETHANY HOME RD-SUITE D225 z_m Q W r m PHOENIX ARIZONA 85014 0 0��=01- Building Area: 962 sgft 2. ALL NEW OR RELOCATED UTILITIES WILL BE PLACED UNDERGROUND. Z>- -W Lot Area: 43,581.00 sgft(1 ACRES) 00 `� 3. STRUCTURES AND LANDSCAPING WITHIN A TRIANGLE MEASURED BACK 10' (P)602-368-9375(F)602-368-9380 U W-o=z Owner: BESTEN, GIL DEN z z-�<N W z o W FROM THE PROPERTY LINE AND 20' ALONG THE PROPERTY LINE ON EACH SIDE ��mQ� °-Y ..wu-- � WZctw �0W NJW W'— =a .:J �,o m Q W 00 OF THE DRIVEWAY ENTRANCES WILL BE MAINTAINED AT A MAXIMUM HEIGHT OF UQ O ✓�-O Uo�� QO ��REO AIp�9 <_v z O)Lo< z co z>- Soo;— 31. c 'l Q z �v5 15�= W o o� o z 4. ANY LIGHTING WILL BE PLACED SO AS TO DIRECT LIGHT AWAY FROM ADJACENT a��`�cAr ° � Lj= i6 c CHAIN LINK FENCE ON = Cn Q o=o 40833 o ° Wm ° 3 PROPERTY LINE PROPERTY LINE U W s RESIDENTIAL DISTRICTS AND WILL NOT EXCEED ONE FOOT CANDLE AT THE no m 0 Q° „,,,. Q Z W io 'n- NAVIN J J �,,, wood FENCE a-< (D �'o¢ PROPERTY LINE. NO NOISE ODOR OR VIBRATION WILL BE EMITTED AT ANY PATHANGAY U i ti _ o t I _ A�. I LEVEL EXCEEDING THE GENERAL LEVEL F NOISE, ODOR OR VIBRATION EP > I i � � , h � i . L NDSCA E © � EO.,. ; _ ;. ,., � DSCAPE ,.�.�..N m .....� �:� � ...ti..� �_._.,.�. .�..w..�A �..M.�m.: ,....,�.� ._w..n.� m .._.,.M .� ...� �.::�.�. ..�_�.� w..w�_.. : m..�_.,� �...._.. .:M �... �m.n�...� .�.��k .�.�.:M. �......� li-..._w. Alt o ,".. �.,_.. µ. W �������� � � , kt„ , EMITTED BY USES IN THE AREA OUTSIDE OF THE SITE 'zu, ,,,,,:. r I % s t i t i s .,e J -° to m G ___,�_-_- --__,�-- - --�_-_� �,.. -�--_ - --_��-- -__- _ - _- --__,_____-r__�-��-- _ _�___ z :�.t _____:__� . «tt= _ o ° 5. OWNERS OF PROPERTY ADJACENT TO THE PUBLIC RIGHTS-OF-WAY WILL HAVE - -- ----- -- ,- .-- - -, ns EXPIRES 6/30/2022 Q I Y I I ^ L r r r I � _ J � �° I I 1 I I I I z o THE RESPONSIBILITY FOR MAINTAINING ALL LANDSCAPING LOCATED WITHIN THE ' '� J RIGHTS-OF-WAY IN ACCORDANCE WITH THE APPROVED PLANS. � m ' I r l \ 1 I r \ f \ I f r l I J 6. THE EXISTING STRUCTURES MUST COMPLY WITH THE CHANGE OF OCCUPANCY �',, �I> IB ITY 204-T /d_______ D 2-0NE , D 2� U 2� E EXISTING z; E3, PROVISIONS IN THE APACHE JUNCTION CONSTRUCTION CODE PRIOR TO USE. EDROOM DROOM I DROOM DROOM I ----------------------------------- ------- Btt L__Dii�if-# --- ----------------------------------- I - .. , ; B ,� , ' �. 7. AFTER FINAL APPROVAL THE PROJECT WILL BE INSPECTED FOR ZONING COMPLIANCE DURING CONSTRUCTION AND PRIOR TO OCCUPANCY. THE r I ✓ I I r 0 I � I I GARAGE APPLICANT IS TO NOTIFY DSD PRIOR TO OCCUPANCY TO ARRANGE FOR I o I ; p 20 s ! I E ALLINS_____________________ 22 2, I , ; ; ' `----------------------------------------- ,-------------------- -------------_' 8. EQUIPMENT AND SATELLITE DISHES SHALL BE SCREENED TO THE UMPST R - -LL ----- HEIGHT OF THE TALLEST EQUIPMENT. �o / _____ _____________�_I 9. ALL SERVICE AREAS SHALL BE SCREENED TO CONCEAL TRASH CONTAINERS, DRIVEWAY LOADING DOCKS, TRANSFORMERS, BACKFLOW PREVENTERS AND OTHER PAVED ASPHALT MECHANICAL OR ELECTRICAL EQUIPMENT FROM EYE LEVEL ADJACENT TO ALL DRIVEWAY PARKING 6NLY ENTRANCE PUBLIC STREETS. J Y DRIVEWAY 10. BARBED RAZOR OR CONCERTINA WIRE SHALL NOT BE USED ON THIS SITE LO z Q� / �� �'� WHERE VISIBLE FROM PUBLIC STREETS OR ADJACENT RESIDENTIAL AREAS. co o r , VISITOR PARKING 11. SIGNAGE WILL BE REVIEWED UNDER A SEPARATE PERMIT. v, - - - J W W ., 12. WALLS ARE NOT APPROVED AS PART OF THE LANDSCAPE PLAN BUT ARE SHOWN ooQ���U ( �\ \\ _ z �,J :, ��zcn SQJ � , W� �0 � _ ��� 3 o FOR REFERENCE ONLY. WALLS ARE EXISTING. z�00� � W x x W W 13. ALL RAMPS MUST MEET ADA ACCESSIBILITY GUIDELINES (ADAAG) STANDARDS, W z00 z �Q oU) o \ _-_-- 6 7 6 5 4 3 2 a 9 — cj� ___- — N W J 2/o MAX CROSS SLOPES, AND 12:1 MAXIMUM LONGITUDINAL SLOPES. T_ �O(A CN \ Q �� 8 - -� 7 6 5 4 3 2 1 -� — QOJ� W w UQ taWaC�Q \ z �Lo \ _ oo�r Q2 CITY NOTES QZ �� GM ~MW J ��� ° \ \ PAVED ASPHALT z �' ONLY EXIT Do�� —�Q o ° "m �' PARKING _ o C W a 0 \ �'~ — DRIVEWAY Q �= A. FIRE DEPARTMENT ACCESS AND WATER SUPPLY REQUIREMENTS SHALL BE IN o a J o o DRIVEWAY �► DRIVEWAY z z w �o cD 0 0 _J Q o PLACE PRIOR TO COMBUSTIBLE MATERIALS BEING BROUGHT ON SITE z J B. PURSUANT TO CHAPTER 32.5 OF THE APACHE JUNCTION CITY CODE, ALL NEW ' '_ _ ¢ ° °'`� o AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THIS SITE SHALL BE t,O C6 t 23 24 I I I O I I I i I I — �— —_m m_Y I_m_m_m_m_m ; ri---------_) Q'Z Y ''. I I 1 I r I 1 25 26 k -_-- _-- -_-- -___-_ I I m m PLACED UNDERGROUND. i I a� io I r I �'I r I I -I r r I - C i '�— r t0 I W 0 I I I I I r I I I (9 � I i L I I Q a o C. ALL UTILITY BOXES, VAULTS AND BACKFLOW PREVENTION DEVICES SHALL BE N ° Ir- PAINTED TO MATCH THE BUILDING AND SCREENED FROM PUBLIC VIEW BY A \l IT 303: TWO U41- 102: SINGLE ° U >o 01: SINGLE AUK i Y/ 9 t� m MASONRY WALL OR A ROUND-TOPPED WIRE MESH ENCLOSURE, PAINTED TO 00 BEDROOM DROOM �DROOM T � _ i ISIBILITY `° MATCH THE ADJACENT WALL. ________________________ X TI-I-%-G—_______________ ______________________________________ 1 I "- - I LE 33 X D. SIGHT DISTANCE REQUIREMENTS OF COG DETAIL G-447 LOCAL STREETS OR U I L,�h�N G I 3 ( ) Q BUILDING #2 37 sgft I i 3 G-448 (ARTERIAL AND COLLECTOR STREETS) ARE MET FOR ALL DRIVEWAYS AND z Y � I I O ------- `---- `-------- ------- --- r --------------------------------------- STREETS 7 3 E. STREETLIGHTS INSTALLED BY THE DEVELOPER MAY BE REQUIRED FOR - -- --- --- --- -- --- _. _: -- - - - - -�_� _ t , =ICONSTRUCTION PLAN APPR VAL. I— . , 0 NSCAPE NDscAP U s.a �,.t F. ON SITE LIGHTING WILL BE PLACED SO AS TO DIRECT THE LIGHT AWAY FROM LU LLl Z � 'ff > ADJACENT RESIDENTIAL USES AND MUST NOT EXCEED ONE-FOOT CANDLE AT y � J � ` '' PROPERTY LINE THE PROPERTY LINE. THE HEIGHT OF THE PARKING LOT LIGHTS WITHIN 150' OF RESIDENTIAL USE TO BE 15', HIGH PRESSURE SODIUM (HPS) LIGHTING LL.I � W o _W U) 0 REQUIRED ADJACENT TO RESIDENCE. N 7 ( ' co O N W L v N = Q o W G. ON-SITE LIGHTING SHALL MEET OUTDOOR LIGHT CONTROL ORDINANCE. Q Q o �,Y z Q Q W � H. MAXIMUM NOISE LEVEL 55 DECIBELS (NORMAL SPEAKING VOICE) AT PROPERTY 0 00J� ryQ °8zo sQQ LINE. Lo Q ¢'� SITE PLAN z W J N= I. CONVENIENCE USES SHALL BE SUBJECT TO A SEPARATE CITIZEN PARTICIPATION Uol-U s¢Z ZLOZQ 'L0 x �p�Qoocn �.-WLL o o 1" — 20'-0° 15 45 W�_�W 6 s; AND CONDITIONAL USE PERMIT PROCESS. _ W Q�'�� E z :d 2 o W J. THE PROPERTY OWNER IS RESPONSIBLE FOR MAINTAINING LANDSCAPING IN ALL 506 N VALLEY DR APACHE JUNCTION,AZ 85120 0 30 60 90 e 0 1 ST REVIEW U ••�� � �� QQ � Qo Q z.;, �,o Parcel No. (APN): 101-15-065B a sum z �M= PUBLIC RIGHTS-OF-WAY ADJACENT TO THE PROJECT. 1 COMMENTS Wd+.w 280 Q a)U)�N L Q Q m J Q 4 w Land Use Cat.: RESIDENTIAL o �, •• t ai Land Use Desc.: MOBILE/MANUFACTURED HOME o� �'� 3 03/04/2021 0z Un0�'i� Lot Area: 21,009.00 sgft(0.48 ACRES) W - m �m -° PROJECT DESCRIPTION OU CO Owner: COLLINS, DAWN MAUREEN J J o 0dJ � QC j J z o - z � PLAN DEVELOPMENT REQUEST WITH A DENSITY INCREASE FOR ADDITIONAL co � J° o C) APARTMENTS FROM CASE PZ-5-16. ° J LEGAL DESCRIPTION LOT 21, BLOCK 3 OF APACHE ADDITION ACRES IN BOOK 05 OF MAPS PAGE 32 W V I RG I N I A ST SEC 20-01 N-08E 43,581.05 SQUARE FEET 1.00 ACRE PROJECT TEAM PROJECT STATICS LEGEND OWNER PROJECT NAME: 512 MULTI FAMILY UNITE BUILDING SETBACKS © COPYRIGHT 2016 AUM INVESTMENTS LLC PROJECT ADDRESS: 512 NORTH VALLEY DRIVE, APACHE JUNCTION, REQUIRED PROVIDED CONSTRUCTION CODES NEW LANDSCAPE - GRASS OR GROUD PATHANGAY ARCHITECTS,LLC CONTACT: 2251 WEST SPUR ARIZONA 85120 ON 19 JUNE 2019, THE APACHE JUNCTION'S COUNCIL APPROVED THE KEY: DRIVE, PHOENIX, ARIZONA 85085 APN: 101-15-063A STREET: 20 FEET 30 FEET ADOPTION OF THE FLOWING CODES AND THEIR AMENDMENTS. NEW LANDSCAPE - STONE COVERAGE AREA SRIDHAR KRISHNAN WEST SIDE: 10 FEET 10 FEET TEL: 210 434 4341 EMAIL: OCCUPANCY: CONSTRUCTION TYPE: EAST SIDE: 10 FEET 10 FEET CODE AMENDMENTS WERE APPROVED (AM. ORD. 1273, PASSED TREE -APPROXIMATE LOCATION AUMINVESTMENTZ@GMAIL.COM R-2 V-B REAR: 10 FEET 20 FEET 9-5-2006; AM. ORD. 1475, PASSED 6-19-2019) (D ZONING: SITE AREA: PARKING ARCHITECT RM-1 43,581 .05 SQ. FT. REQUIRED PROVIDED 2018 INTERNATIONAL BUILDING CODE (IBC) BUSH -APPROXIMATE LOCATION t PATHANGAY ARCHITECTS 2018 INTERNATIONAL MECHANICAL CODE (IMC) SHEET TITLE: 727 E. BETHANY HOME RD, STE BUILDING AREA: SINGLE BEDROOM: (NEW 4 + EXISTING 4) X 1.5 12 CARS 2018 INTERNATIONAL PLUMBING CODE (IPC) CACTUS -APPROXIMATE LOCATION D225 EXISTING BUILDINGS: SINGLE ROOM 4, DOUBLE ROOM 2: 4,670 TWO BEDROOMS: (NEW 2 + EXISTING 2) X 2.0 8 CARS 2018 INTERNATIONAL FUEL GAS CODE (IFGC) LANDSCAPE PHOENIX, AZ 85014 PROPOSED BUILDING: SINGLE ROOM 5, DOUBLE ROOM 2: 4,641 SF TOTAL PARKING: 20 CARS 26 CARS 2018 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) TEL: (602) 368-9375 ACCESSORY SPACE: 375 SF 2017 NATIONAL ELECTRICAL CODE (NEC) CMU WALL - LINE PROPERTY WALL CONTACT: NAVIN PATHANGAY TOTAL AREA: 9,686 SF 2018 INTERNATIONAL RESIDENTIAL CODE NOTE: SHEET NUMBER: STANDARD PARKING SPACES: 24 CARS ADA CODES ARE REFERENCED IN THE 2018 INTERNATIONAL BUILDING CODE, THE LOCATIONS OF TREES AND BUSHES ARE APPROXIMATE L001 CONTRACTOR BUILDING HEIGHT: ALLOWABLE - 35-0 PROPOSED - 16-0 (SINGLE ACCESSIBLE PARKING (1 STANDARD + 1 VAN) 2 CARS AS WELL AS ICC A117.1-2017 TBD STORY) TOTAL 26 CARS DRAWN BY: REVIEWED BY: LOT COVERAGE: ALLOWED: 50% As NP DATE: PROJECT NUMBER: EXISTING: 22.22% (9,686 S.F./ 43,581.05 S.F.) 05/04/2021 2020-T39 MATERIAL KEYNOTES j� BRIGK WALL WITH LIGHT SAND BLAST 1 DUNN EDWARDS DEW3$1-DROPLETS STUCCO FINISH-DUNN EDWARDS [D DEW381-DROPLETS WOOD FINISH-DUNN EDWARDS DE5125- v RED RIVER 1r� FASCIA -DUNN EDWARDS DE5125-RED RIVER SHINGLE ROOF-OWENS CORNING- E DESERT TAN LAMINATE ARCHITECTURAL SHINGLES ALUMINUM WINDOWS-WHITE FINISHED CLEAR/DUAL PANEL STUCCO FINISH-DUNN EDWARDS "► B `;,:t,' DE6228-DROPLETS I tt.•^�ts,t,, 4n 4 3tt i } n aa'{ i gip} € 1 1 I fv„ fc, 4 y,t j# tr< � t I itstED AR t DRAWING DESCRIPTION: %f tcar COLOR & MATERIAL BOARD �► o "'" pathangay architects 727 E B ETHANY HOME RD-SUIT E 0225 40833 PHOENIX A85014 NAVIN 512 MULTIFAMILY UNIT/ tPasoz-sss-ss75(F)602-368-9380 PATHANGAY PDA REQUEST SCALE: .1 DATE ��� �r4'�_��-o 09r21r2020 NE REFERENCE SHEET: PROJECT NUMBER: 512 N VALLEY DR A401 2020-T39 'hoop u'rN APACHE JUNCTION,AZ 85120 SHEET NUMBER: EXPIRES 6/30/2022 o COPYRIGHT 2027 AA PATHANGAY ARCHITECTS,LLC 'L 9ects lFpathancgjay archit /A\ /n\ /A\ /A\ /A\ 727 E BETHANY HOME RD-SUITE D22 PHOENIX ARIZONA 85014 T T T T T T TT T T T (P)602-368-9375(F)602-368-9380 —1000 ole#loo\, AR CA ID 0] 1111 Lop lj r----------n F11-11 L-----------i c 40833 NAVI IN GARAGE GARAGE PATHANGAY PARKING COVERED COVERED PARKING COVERED COVERED 0 PORCH PORCH PORCH PORCH EXISTING BUILDING F F sj cnq� VIEW A-A FRONT ELEVATIONS 4rieo.. U.S."- 31342 11-01, 4 12 EXPIRES 6/30/2022 76 2 o CD) /D ca ca EXISTINT=ING 20 VIEW B-B - REAR ELEVATIONS V' 3132" 11-01, 4 12 76 2 /—A\ /—A\ /—A\ CD CG� T T T T T T T T T T T T T I I I I 1 100, Lee* '0010 1 oe FM --ll -- \'4 --[El CD RE 'E 3 m ..I—Mllm F\11 M I- LAUNDRY COVERED PARKING COVERED COVERED EXISTING BUILDING PORCH PORCH PORCH 00 LL N 4VIEW C-C FRONT ELEVATIONS I 132" 11-01, 4 12 7-- 0 16 24 z ry LD cl) w LLJ z (D) T T T T T T T/D\ TT T _j Z) w w ry > a: z 0 C'4 < Lo 'r-- 0- CEI cEa c JR rE rE rE Lo < I Ul EXISTING BUILDING 1 ST REVIEW 0 A VIEW D-D - REAR ELEVATIONS COMMENTS 1� -73/r32" = l'-O" 4 12 03/04/2021 0 8 16 24 GENERAL NOTES 1. ALL PRODUCTS LISTED BY ICC/N.E.R. NUMBER(S) SHALL BE INSTALLED PER THE REPORT AND MANUFACTURER'S WRITTEN INSTRUCTIONS. PRODUCT SUBSTITUTION(S) FOR PRODUCT(S) LISTED SHALL ALSO HAVE AN ICC APPROVED EVALUATION REPORT(S)OR BE APPROVED. WOOD FENCE CHAIN LINK 2. EXTERIOR WALL, BOTTOM SILL PLATES, SHALL BE PRESSURE TREATED OR EQUAL, ON SOUTH FENCE ON AND SHALL BEAR/EXTEND MINIMUM 6 INCHES ABOVE FINISH GRADE.(R319.1). PROPERTY LINE NORTH ED PROPERTY LINE 3. MISCELLANEOUS SITE STRUCTURES,POOLS,SPAS,FENCES,SITE WALLS,RETAINING c rm m WALLS,AND GAS STORAGE TANKS REQUIRE SEPARATE PERMITS. I I r 4. PER IRC SECTION P2903.5, WATER HAMMER ARRESTORS ARE REQUIRED AT QUICK EXISTING BUILDING EXISTING BUILDING CLOSING VALVES(DISHWASHERS&CLOTHES WASHERS). 5. PRESCRIPTIVE REQUIREMENTS FOR GLAZING INCLUDE A MAXIMUM U-VALUE OF 0.75 COPYRIGHT 2016 VIEW E-E SIDE ELEVATIONS - N VALLEY DR AND A MAXIMUM SOLAR HEAT GAIN COEFFICIENT OF 0.4.NOTE:"T"INDICATES AREAS PATHANGAY ARCHITECTS,LLC OF TEMPERED GLASS. KEY: 3/32" l'-O" 4 12 16 24 6. COMPLIANCE WITH CHAPTER 11 OF THE 2015 INTERNATIONAL RESIDENTIAL CODE OR CHAPTER 4 OF THE 2015 INTERNATIONAL ENERGY CODE IS REQUIRED(ZONE 2). 8. FURNITURE SHOWN FOR REFERENCE ONLY. MATERIAL KEYNOTES T /TD\ T T I BRICK WALL WITH LIGHT SAND BLAST 7%� DUNN EDWARDS DEW381 -DROPLETS CHAIN LINK WOOD FENCE STUCCO FINISH-DUNN EDWARDS DEW381 -DROPLETS SHEET TITLE: FENCE ON ON SOUTH NORTH—'\ PROPERTY LINE PROPERTY LINE WOOD FINISH-DUNN EDWARDS DE5367-DESERTED PATH EXTERIOR ELEVATIONS FASCIA -DUNN EDWARDS DE5367-DESERTED PATH COVERED COVERED PORCH PORCH SHINGLE ROOF SHEET NUMBER: VIEW F-F SIDE ELEVATIONS - REAR OF LOT OWENS CORNING-DESERT TAN LAMINATE ARCHITECTURAL SHINGLES &3/32f' = l'-O" 4 12 ALUMINUM WINDOWS-WHITE FINISHED A401 0 8 16 24 E CLEAR/DUAL PANEL DRAWN BY: REVIEWED BY: STUCCO FINISH-DUNN EDWARDS DE6228-DROPLETS CR NP DATE: PROJECT NUMBER: 05/04/2021 2020-T39 Public Participation report for 512 N Valley Drive zoning change Overview: This report provides results of the implementation of the Public Participation Plan for rezoning of the site located at 512 N Valley Dr. This report provides evidence that neighbors in the vicinity (300 ft) of the property have had adequate opportunity to learn about and comment on the proposed plans and actions addressed in the application. Comments, sign-in lists, petitions, letters, summary sheets, and other materials are attached. Contact: AUM Investments LLC 2251 W Spur Dr, Phoenix. Arizona 85085 Phone: (210)-421-4341 email: auminvestmentz(aa-)amail com Neighborhood Meetings: Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal. (Comments, sign in lists and other feedback are attached) 2/5/2021 - Multi Generational Center-classroom 117 1035 N Idaho Rd, Apache Junction, 6P.M.to 8P.M.-4 citizens in attendance Correspondence and Telephone Calls: 1. Door-to-Door visits and handover of site plan and project details to neighbors in the contact list (15) 2. Mailed site plan and project details to 6 neighbors located outside of apache junction on 03/06/2021 (March 6) 3. Phone calls -Adjacent Neighbors at the north and west of the property. Results: Summary of concerns, issues and problems: • Increased traffic in adjacent neighborhood • Increase in noise • Increase in crime due to poor quality of tenants including Section 8 tenants • Trespassing at night/miscreants abusing the lot at the rear end of the property • Access for the AZ water department to read meters of adjacent property if a wall is built around the property. • All mailboxes for the property are currently present in front of the property across the road, so all the residents How concerns, issues and problems will be addressed: w /\8K high VV@UwiUbebUilt8U8rOUOdih8p[Op8dv8Od8SeCUrUvg8tewiUbeiDSt8|ked8t the entrance k} only allow authorized personnel - residents and delivery/service professionals . w Property is professionallymanaged and a property manager ie available for resolving any concerns. w Tenants are/will be screened by the highest standards to ensure only quality tenants are selected. w AZ water will be consulted on why the access is required from our property and accordingly valid access will bBaccommodated. Concerns, issues and problems not addressed and why: m Applicant has limited control On increased traffic. Dear Kelsey Schattnik and Morgan Henn, This letter is in reference to the proposed building project at 512 North Valley Drive in Apache Junction. My wife, Ornalea, and I have owned our house at 463 North Valley Drive since 1991. Over the years, we have observed that most neigh borhood-problems have come from 512 North Valley Drive. Any break-ins in our neighborhood mostly came from that address. We know that because our son-in-law, Jeff Robinson, was a long-time Apache Junction policeman. Over the years, many occupants of that same address have highly exceeded the speed limit on North Valley Drive, and they often peel-in and peel-out of their gravel parking lot. There is already enough daily traffic high ly-exceeding our street's speed limit. Why do we have to endure the potential of double the number of those types of apartment-dwellers in our neighborhood? Do you? In addition, duplex-sized apartments will block part of our view of the Goldfield/ Usery Mountains. Single-story-zoned housing was part of the reason we bought our house at 463 North Valley 30 years ago. We are highly against extra apartments in our neighborhood when it wasn't previously zoned that way, especially two-story apartments. Omalea Mich Waldo John Mich 01 can, Ul W 14 W -4 -- 0 9-4 W t'J �'j CD I-j 0 C3 N 44 -4 w %A M M Ln NJ NJ N N 1.4 1.4 �-A $-A �-A AP 14 Ul uj un Z to tj 0 ,4 tA w 0 o Z M al > :q 0 r- 0 m r- J.A -,% > m 0 9- m m 2 *.- "0 ul r, < 9 M -4 > ILI Ws f— r- m m :0 r" Z rm 0 rn 0 4 z :3 ra m CL a 0 0 0 Ij tv t4 ro LU cn a ORDINANCE NO. 1505 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE P-21-6-PZ, A REQUEST BY AUM INVESTMENTS LLC. , REPRESENTED BY SRIDHAR KRISHNAN, ALLOWING THE ADDITION OF 7 APARTMENT UNITS FOR A TOTAL OF 13 UNITS ON THE 1 ACRE, HIGH DENSITY MULTIPLE- FAMLY RESIDENTIAL BY PLANNED DEVELOPMENT (NRM-1/PD") PROPERTY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property located at 512 N. Valley Drive, Apache Junction, AZ, has been developed as a multiple-family residential property with structures on it, since prior to the city adopting its March 1985 zoning ordinance; and WHEREAS, pursuant to case PZ-5-16, Ordinance No. 1430, on May 3, 2016, at the request of previous owner, Gene Rodaway, the property was rezoned from Medium Density Single-Family Detached Residential ("RS-20M") to High Density Multiple-Family Residential by Planned Development ("RM-1/PD") to property zone and allow the continued use as apartment rentals; and WHEREAS, pursuant to Ordinance No . 1430, condition no. 8, any expansion to the number of rental units will be subject to a major planned development ("PD") amendment; and WHEREAS, the current property owner, AUM Investments LLC . , submitted a rezoning application to amend the PD to allow the addition of 7 apartment units; and WHEREAS, the city council hereby determines that the proposed PD amendment request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, Section 1-5-1, Residential Use Regulations and Article 1-4 : Zoning Districts, Section 1-4-3, Planned Development Overlay District (except as otherwise conditioned herein) , including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built and natural environments in the city. ORDINANCE NO. 1505 PAGE 1 OF 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That all applicable conditions of ordinance no. 1430 remain in full force and effect; and to allow additional apartment units, for the parcel of land legally described as : LOT 21, BLOCK 3 OF APACHE ADDITION ACRES IN BOOK 05 OF MAPS PAGE 32 SEC 20-01N-08E 43, 581 . 05 SQUARE FEET 1 . 00 ACRE . (Pinal County Assessor parcel 101-15-063A) be and hereby is approved, subject to the following conditions of approval : 1) All construction proposed on the property shall be subject to proper permits and inspection and be constructed in substantial compliance with the conceptual plan presented in case P-21-6-PZ . 2) All rental units shall be compliant with all other adopted city codes and ordinances, including but not necessarily limited to, the city' s zoning ordinance, engineering guidelines and landscape and screening requirements . 3) Landscape, screening and irrigation improvements, shall be constructed pursuant to the city' s landscape and screening requirements contained in Apache Junction City Code, Volume IT, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-8 : Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size . 4) All applicable permits shall be applied for and plans shall be designed to current city codes prior to any lot grading or construction on the lot. 5) Applicable development fees for the new units shall be paid at the time of building permit issuance . ORDINANCE NO. 1505 PAGE 2 OF 3 SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 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 JOEL STERN City Attorney ORDINANCE NO. 1505 PAGE 3 OF 3 City ofApache Junction Development Services Department Date : June 8, 2021 To: Planning and Zoning Commission Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Morgan Henn, Planning Intern Subject: June 8, 2021, P&Z Commission Public Hearing Item: P-21-6-PZ 512 N. Valley Drive Background P-21-6-PZ is proposing a planned development major amendment of the 1 acre property currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development) . The applicant is proposing the addition of 7 units for a total of 13 units on the property. The applicant has also proposed other onsite improvements, which include laundry facilities, additional storage, a playground area, landscaping, and additional parking. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on May 25, 2021 (planning staff report and exhibits attached) . The Commission continued P-21-6-PZ to June 8, 2021 . The commissioners requested more information about police reports related to the property, about the utility easements which serve the property and about mail delivery boxes . At the time this report was written, staff had not received a recommendation from the Planning and Zoning Commission. Draft ordinance no. 1505 was drafted with staff' s recommendation. If need be, staff will present on updated ordinance to council on June 15, 2021 . REQUESTED INFORMATION The commissioners requested more information about police reports related to the property, about the utility easements which serve the property and about mail delivery boxes . Staff received a crime report from the Police Department listing current incidents that were reported for this property (see attached police report) . Staff from AZ Water confirmed that there are four meters along the western side of the property line within an easement, and requires that the developer to maintain access to all four meters and must pothole the waterline location to ensure it will not be blocked by construction. Other utility companies needing access to their facilities in the easement, must deal directly with the property owners . The city does not own or control any utilities . Staff from the Apache Junction Post Office confirmed that all mailboxes must remain on the east side of Valley Drive, and a cluster unit will be required. Staff Recommendation Staff recommends approval of rezoning case P-21-6-PZ subject to the conditions with the addition of condition no. 6 : Street improvements include but are not limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, subject to review and approval by the city engineer. Attachments: - PZ Staff Report from May 25, 2021 with all attachments. - Police Report 1 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: May 25, 2021 CASE NUMBER: P-21-6-PZ APPLICANT: AUM Investments LLC Represented by Sridhar Krishnan REQUEST: Proposed planned development major amendment of the 1 acre property currently zoned RM-1/PD (High Density Multiple- Family Residential by Planned Development) to allow the addition of 7 units for a total of 13 units on the property. LOCATION: Property is located at 512 N. Valley Drive, Pinal County Assessor parcel number 101-15-063A. GENERAL PLAN/ ZONING DESIGNATION: High Density Residential (40 du/ac max) ; currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development) . SURROUNDING USES: North: Residential Property, zoned RS-20M; South: Residential Property, zoned RS-20M; East: Residential Property, zoned RS-20M; West: Residential Property, zoned RS-20M "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 2 BACKGROUND The subject property is located in one of the older parts of town in the Apache Addition Acres subdivision. The original zoning of this site was General Rural (GR) until the adoption of the new zoning code in May 2014 converting the zoning to RS-20M (Medium Density Single-Family Detached Residential) . The buildings and use as 6 unit apartment rental property was established prior to the city adopting its original zoning ordinance in March of 1985 . There were long existing legal nonconforming use and setback issues on this property. The nonconforming issues have constrained previous owners from making certain property improvements, including adding more units and other amenities . In May of 2016, Ordinance No. 1430 Case PZ-5-16 was approved for the rezoning of the property from RS-20M (Medium Density Single- Family Detached Residential, Conventional or Manufactured Home Permitted) to RM-1/PD (High Density Multiple Family Residential by Planned Development) to correct the zoning to allow for the continued use of the existing 6 unit apartment rentals on the property. However, the ordinance stated that if the property owner proposed to add more residential units, a PD amendment was required. PROPOSALS P-21-6-PZ is a proposing a planned development major amendment of the 1 acre property currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development) . The applicant is proposing the addition of 7 units for a total of 13 units on the property. The applicant has also proposed other onsite improvements, which include laundry facilities, additional storage, a playground area, landscaping and additional parking. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as High Density Residential (40 du/ac max) . "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 3 Zoning/Site Context: The 1 acre parcel is a privately-owned piece of land surrounded by residentially zoned land on all sides . The RM-1/PD zoning deviates from the surrounding single-family zoned properties immediately surrounding the site . However, the use of the property as a 6 unit apartment rental existed before the city adopted its first zoning ordinance in 1985 . The RM-1/PD zoning legitimized the long existing use for multiple family apartments and allows for future improvements and helps provide an additional similar intensity housing opportunity in the neighborhood. Planned Development Zoning: The applicant is not asking for any deviations from the Zoning Ordinance, other than those which may already exist with the current buildings . Infrastructure Improvements: Road dedication has already occurred and utilities are already provided to the location. All other necessary on-site and off- site improvements, including community amenities, retention basins, accessible routes, landscape buffers, etc. , will be built at the time of development . Public Input: A public participation meeting was held on February 5th, 2021, by the applicant to provide neighboring residents the opportunity to learn more about the project and share any comments or concerns . Four residents attended the public participation meeting. The main issues or concerns regarding the project are increased traffic, increased noise, and increased crime . The complete Final Participation Report is attached. Neighborhood meeting notification letters were sent from the city to the subject property owner and all property owners within a 300-foot radius . The city has also sent out public hearing notices noting the time, place and proposed request. "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 4 Staff received one letter from a neighbor regarding the major amendment request. They wanted to share their concerns for the project. The letter is attached. FINDINGS OF FACT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria is outlined in the text below: 1 . That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Staff Response: The applicant is seeking to take advantage of the RM-1/PD zoning density already existing on the property. It is a reasonable request and a quality submittal which will improve the property. 2 . That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Staff Response: Within the proposed design, all safety concerns are accommodated and will meet code to ensure a safe and comfortable environment for all inhabitants . 3 . That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Staff Response: No deviations from the zoning ordinance are being requested. PLANNING DIVISION RECOMMENDATION Staff respectfully recommends the APPROVAL to the Commission of the request and that they include the following conditions of approval as part of a favorable recommendation to the City Council . As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 5 RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of case P-21- 6-PZ, a planned development major amendment request by Sridhar Krishnan of AUM Investments LLC, to amend the planned development of 1 acre in order to allow for the addition of 7 apartment units for a total of 13 apartment units, subject to the following conditions of approval : 1) All construction proposed on the property shall be subject to proper permits and inspection and be constructed in substantial compliance with the conceptual plan presented in case P-21-6-PZ . 2) All rental units shall be compliant with all other adopted City codes and ordinances, including but not necessarily limited to, the city' s zoning ordinance, engineering guidelines and landscape and screening requirements . 3) Landscape, screening and irrigation improvements, shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5- gallon in size . 4) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lot. Inclusively, all applicable development fees shall be paid at the time of permit issuance . 5) Applicable development fees for the new units shall be paid at the time of building permit issuance . Morgan Kenn Prepared by Morgan Henn Planning Intern "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report 6 Attachments : Exhibit #1 - P-21-6-PZ Application Exhibit #2 - Project Narrative Exhibit #3 - Aerial Exhibit Exhibit #4 - Ordinance no. 1430 Exhibit #5 - P-21-6-PZ Site Plan Exhibit #6 - P-21-6-PZ Floor Plan Exhibit #7 - P-21-6-PZ Landscape Plan Exhibit #8 - P-21-6-PZ Color Board Exhibit #9 - P-21-6-PZ Elevations Exhibit #10 - Final Participation Report Exhibit #11 - Resident Letter "512 N.Valley Dr."Case P-21-6-PZ May 25,2021 Planning and Zoning Commission Staff Report Apache Junction Rezoning Application P-21-6-PZ Submitted by Sridhar Krishnan auminvestmentz@gmail.com (210)421-4341 Address of Proposed Work: 512 N valley dr City: Apache Junction State: AZ Zip: 85120 Contact Information Applicant's Contact Information Title: First Name: SRIDHAR Last Name: Krishnan Suffix: Business Name: AUM Investments LLC Mailing Address: 2251 W Spur Dr City: PHOENIX State: AZ Zip: 85085 Email Address: auminvestmentz@gmail.com Cell Phone: (210) 421-4341 Work Phone: Home Phone: (210) 421-4341 Property Owner's Contact Information Title: First Name: Last Name: Suffix: Business Name: Mailing Address: 2251 W SPUR DR City: PHOENIX State: AZ Zip: 85085 Email Address: Cell Phone: Work Phone: Home Phone: You can complete this application and view application updates online at My MyGovernmentOnline.org Gov(---�rnr-r)entOnline CREATED BY GOVERNMENT FOR GOVERNMENT Printed 5/19/2021 Paqe 1 of 3 Application Questionnaire ( denotes required question) Rezoning Application Project Name 512 N Valley Drive rezoning(PDR 7-20) Current Zoning District * RM 1-PD Owner Authorization (Type Full Name) * Sridhar Krishnan Thasarapalli Mannar I hereby certify that the above information is correct,and that 1 am authorized to file an application on said property, being either the owner or authorized agent to file on behalf of the owner.Anyone applying without authorization from the property owner(s) shall be subject to penalty under all applicable laws. Existing General Plan Designation * NA Proposed Zoning District * RM 1 Application Type: PD Major Amendment Assessor's Parcel Number: * 101-15-063A Acreage * 1 acre Documents Uploaded The following documents are attached to the Application. public participation plan for 512 n valley drive zoning change.docx &JENAD You can complete this application and view application updates online at My MyGovernmentOnline.org ov(,-rmr—r)entOnline CREATED BY GOVERNMENT FOR GOVERNMENT Printed 5/19/2021 Paqe 2 of 3 indemnification.pdf Fee Acknowledgement legal fees.pdf Mailing Label Certification mailing label.pdf Mailing Labels of properties within 300 foot zoning - mailing labels.pdf radius of subjected property Ownership Certification deed - apache junction.pdf ownership certification.pdf Project Narrative aj -project narrative.pdf PZ Acknowledgement Form acknowledgement.pdf Site Plan a02O.pdf a401 (1).pdf 2020_09 - color board.pdf Title Report no older than 6 months deed - apache junction.pdf WA 20 You can complete this application and view application updates online at My MyGovernmentOnline.org Govc;r-nrnentOnline CREATED BY GOVERNMENT FOR GOVERNMENT Printed 5/19/2021 Paqe 3 of 3 4 May 2021 Below is project narrative to the 512 N. Valley Dr. apartments: Owner:AUM Investments LLC Contact: Sridhar Krishnan Project Address: 512 N VALLEY DRIVE,APACHE JUNCTION,AZ 85120 Parcel Number:APN: 101-15-063A The current legal description of the site is as follows: LOT 21, BLOCK 3 OF APACHE ADDITION ACRES IN ROOK 05 OF MAPS AGE 32 SEC 20-01N-08E 43, 531.05 SQUARE FEET 1.00 ACRE Subdivision:APACHE ADDITION ACRES Zoning: RM1/PD Land Use Description: MULTI-FAMILY RES „Purpose of this Request": This is to request a planned development amendment to an approved City of Apache Junction Zoning Ordinance 1430 Case PZ-5-16 passed by City Council May 3rd 2016.The existing parcel ( 01-15-06 ) is currently designated by the City of Apache Junction as RM1/PD which by definition is High Density Multiple-Family Residential by Planned Development. Previously,the stated property was RS-20M MEDIUM DENSITY SINGLE- FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED. The gross parcel is 43,581.05 SF or 1 Acre.The proposed lot coverage is 22.22°l where 50%is allowed Currently,the RM-1/PD zoning states: High Density Multiple-Family Residential. Maximum density of 1 units/acre (Le., 3,350 square feet per unit) and minimum development parcel size of 7,000 square feet. It is the intention of the owner to update the building and construct additional units that would be a maximum of 13 units. The Owner wishes to enhance the property and provide for laundry facilities, an additional storage unit, a playground area for the tenants.The parking will allow for ADA spaces and provide 26 spaces,The proposed project will not change access points to arterial streets nor encroach on established right-of-way.All parking areas and driveways remain behind the building setback lines except where necessary to access the site. Additional landscaping, landscape islands. Updated architectural details will be added to allow an attractive street appearance and minimize the view of cars and parking areas.A new retention basin will be added easily preventing any drainage issues. There will be no impact on traffic patterns,walkability around the property or the creation of adverse conditions to the neighborhood. Please do not hesitate to contact me should you have any questions regarding this matter. Sincerely, Jul Nimdeo Associate - Pathangay Architects, LLC 727 F Betl:eii7 Fimie Foal, Suite I3 225 Plioeiiiz,Arizom VISA 85014 602 368 9375 1602 368 9380 µ tt sf£ r " rs 14 is f 3 k �t t fir. i.; .�3 ��"'�Spt,,itr{r 4�`rr Jll}�t;d�r�t� cjrt rr;t��3}�1 slf��?�����YY fit£ �y tr• �� £rrt +{s££7££r ` tsts�FP�tti}f �PE s { i�1 "s {, cdtrf .tJ' t t��nrt s r k} {�P t t zi{G f t 2 i � { at 1k LEGEND City of Apache Junction Street Names } Case History 13 State Land Annexation - Municipal Boundary Parcels SR24 Right-of-way 17 �� Apache Junction CITY OF APACHE JUNCTION �"""i �,b State Land Sold Final County i FINAL COUNTY May 19, 2021 0 0.01 0.02 County Boundary `} Addresses mi Content maintained by the.Apache Junction GIS.D€vision ORDINANCE NO. 1430 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-5-16, AND LOCATED AT 512 AND 516 NORTH VALLEY DRIVE, APACHE JUNCTION, ARIZONA, A REQUEST BY GENE RODAWAY, REPRESENTED BY LESLIE COOKE, FROM MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED ("RS-20M") TO HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT ("RM-1/PD") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject site is a non-conforming property which has been used as a 6 unit apartment rental property prior to the city adopting its March 1985 Zoning Ordinance, pursuant to Ordinance No . 350; and WHEREAS, during the public hearings conducted in 2014, in which the city was considering the adoption of a new zoning ordinance and zoning district maps, the property owner requested that the Apache Junction City Council correct the zoning on the property to multiple-family as part of the process; and WHEREAS, the property owner requested the zoning correction so that the 6 unit apartment rental property would have proper zoning, which would then allow improvements to be made to the property, which could not be done as long as the property was non-conforming; and WHEREAS, it has been the property owner' s desire to continue operating the apartment rentals and make improvements to benefit the property and general neighborhood; and WHEREAS, on May 5, 2014 the Apache Junction City Council adopted said new zoning ordinance and zoning district maps, and directed staff to work with the property owner on a city-initiated planned development rezoning of their property; and ORDINANCE NO. 1430 Page 1 of 5 WHEREAS, under the proposed High Density Multiple-Family Residential District by Planned Development zoning ('ARM-11PD") , the property owner is agreeable to installing landscaping, constructing carports with storage rooms, a laundry room, and other improvements to North Valley Drive right-of-away, as well as a zoning condition which will require a new public hearing process if there is desire to construct additional rental units with or without deviations from the standard zoning requirements on the property in the future; and WHEREAS, on April 12, 2016, the Planning and Zoning Commission voted to recommend approval of rezoning case PZ-5-16 by a vote of 7-0, subject to conditions; and WHEREAS, the city council hereby determines that the proposed rezoning substantially conforms to all of the general criteria as specified in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-4-1, Zoning Districts, and Section 1-4-3, Planned Development ("PD") District, including compliance with the general plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the city. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as : Parcel No. 1 Lot 21, block 3, of Apache Acres Addition, correctly known as Apache Addition Acres, according to the plat of record in the office of the County Recorder of Pinal County Arizona, recorded in book 5 of maps, page 32; except the north 62 . 5 feet of the east 150 feet thereof ORDINANCE NO. 1430 Page 2 of 5 (also known as Pinal County Assessor parcel 101-15-063) ; and Parcel No. 2 The north 62 . 5 feet of the east 150 feet of lot 21, block 3, of Apache Acres Addition, correctly known as Apache Addition Acres, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, recorded in book 5 of maps, page 32 (also known as Pinal County Assessor parcel 101-15-064) ; be and hereby is amended from Medium Density Single-Family Detached Residential, Conventional or Manufactured Home Permitted ("RS- 20M") to High Density Multiple-Family Residential by Planned Development ("RM-1/PD") , subject to the following conditions : 1) Upon rezoning of the property, the site shall be developed in accordance with the submitted site plan within two years of the rezoning approval, or the zoning may be subject to reversion by legislative action of Apache Junction City Council . 2) Upon rezoning of the property the two parcels, 101-15-063 and 101-15-064, shall be combined and a single address will be assigned. 3) The front fence shall be permanently constructed. 4) All construction proposed on the property, including the installation of new signs, shall be subject to proper permits and inspections . 5) Upon construction of the laundry facility, the property shall connect to the sewer that is available . 6) A total of ten parking spaces must be designated to support the 6 unit apartment rentals . 7) The setbacks of the two existing buildings shall be permitted as shown on the site plan. Any future buildings shall follow current RM-1 zoning setbacks . ORDINANCE NO. 1430 Page 3 of 5 8) Any expansion to the number of rental units will be subject to a major planned development amendment and compliant with all other adopted City codes and ordinances, including but not necessarily limited to, the city' s zoning ordinance, engineering guidelines and landscape and screening requirements . 01) RV parking and/or storage will not be permitted on the property. 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 codes adopted herein by reference are hereby repealed. SECTION III PROVIDING- FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2016. SIGNED AND ATTESTED TO THIS ffDAY OF .f 2016. ,Z� N S . INS7ftACO ayor ATTEST: 17 KATHLEEN CONNELLY ORDINANCE NO. 1430 Page 4 of 5 City Clerk APPROVED AS TO FORM: .004 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1430 Page 5 of 5 Z SITE PLAN GENERAL NOTES 00 W J 0 w 560 N VALLEY DR APACHE JUNCTION,AZ 85120 1. DEVELOPMENT AND USE OF THIS SITE WILL CONFORM WITH ALL APPLICABLE CODES AND ORDINANCES. 9itects Z LO Q Lu �= Parcel No. (APN): 101-15-062O q i=Of=0� Land Use Cat.: RESIDENTIAL 12. ALL NEW OR RELOCATED UTILITIES WILL BE PLACED UNDERGROUND.I= Z>- s-QW Land Use Desc.: SINGLE FAMILY RESIDENCE 3. STRUCTURES AND LANDSCAPING WITHIN A TRIANGLE MEASURED BACK 10, FROM THE PROPERTY LINE ANDpathangay arc U W J o-Z 727 E BETHANY HOME RD-SUITE D225 Z o o N=W Building Area: 962 sgft 20 ALONG THE PROPERTY LINE ON EACH SIDE OF THE DRIVEWAY ENTRANCES WILL BE MAINTAINED AT A cn¢ C-Y Lot Area:43,581.00 sqft(1 ACRES) PHOENIX ARIZONA 85014 w Z�w i�o W Owner: BESTEN, GIL DEN MAXIMUM HEIGHT OF 3'. (P)602-368-9375(F)602-368-9380 0 4. ANY LIGHTING WILL BE PLACED SO AS TO DIRECT LIGHT AWAY FROM ADJACENT RESIDENTIAL DISTRICTS UQi6C�QcoO N Q o _ w AND WILL NOT EXCEED ONE FOOT CANDLE AT THE PROPERTY LINE. NO NOISE, ODOR, OR VIBRATION WILL Z o L BE EMITTED AT ANY LEVEL EXCEEDING THE GENERAL LEVEL OF NOISE, ODOR, OR VIBRATION EMITTED BY �a�0 �i•� idc BED Alp 0 (Im W USES IN THE AREA OUTSIDE OF THE SITE. tE cy,j 0 m m 0 Q O Z 0 Cn of ICAIt o n-_j � o O_ J 0 W 5. OWNERS OF PROPERTY ADJACENT TO THE PUBLIC RIGHTS-OF-WAY WILL HAVE THE RESPONSIBILITY FOR O 0 � �wQLu U v o<UJ Q MAINTAINING ALL LANDSCAPING LOCATED WITHIN THE RIGHTS-OF-WAY, IN ACCORDANCE WITH THE 40833 W r Z s� APPROVED PLANS. NAVIN I.- J J o o PATHANGAY LO =o Q o 6. THE EXISTING STRUCTURES MUST COMPLY WITH THE CHANGE OF OCCUPANCY PROVISIONS IN THE PROPERTY LINE oe w Q Z m m APACHE JUNCTION CONSTRUCTION CODE PRIOR TO USE. a-o- ' _J 2 o 7. AFTER FINAL APPROVAL THE PROJECT WILL BE INSPECTED FOR ZONING COMPLIANCE DURING ''':000 U.S. " QQ mOQ "u z Nno CONSTRUCTION AND PRIOR TO OCCUPANCY. THE APPLICANT IS TO NOTIFY DSD PRIOR TO OCCUPANCY TO LKVVALANDSCAPE w `� o . �R�R 1�T1� LANDSCAPE 0 o N co.E n EXPIRES 6/30/2022 �-__ �. ARRANGE FOR INSPECTIONS. _______________�___ ___r___-_,___-____ _�_-__ __-_____:___ ___ _______________________ ___,________ " 8. P EQUIPMENT AND SATELLITE DISHES SHALL BE SCREENED TO THE HEIGHT OF THE TALLEST _ _ _ _ r _, _ _ _ _ r _ _ _ _ _ _ _ _ _ _ _ _ -__�_ _-___-____�___ __,__ __________________ Com m 0 ALL ROOFTOP I Y 4v, ¢ Q EQUIPMENT. Q Z D 9. ALL SERVICE AREAS SHALL BE SCREENED TO CONCEAL TRASH CONTAINERS, LOADING DOCKS, \ I ' \ 1 ' \ I %� %� I r' >� E W ,�-� C° C TRANSFORMERS BACKFLOW PREVENTERS AND OTHER MECHANICAL OR ELECTRICAL EQUIPMENT FROM UN' ; 204: TWQ UI#� _J ------- ---------------------- 203' S I 'hl LE - - -� U 202 S I LE U I 201 SIN LE cn B DROOM EDROO "' °�' ' E EXISTING F_ _,,� ��2\� � EYE LEVEL ADJACENT TO ALL PUBLIC STREETS. TOT LOT ,/'a `� I ,EDROOI I r EDROOI 1 __$tfitLafl�tG-#�---- p� ���.� 10. BARBED, OR ADJACENT OR CONCERTINA WIRE AREAS SHALL NOT BE USED ON THIS SITE WHERE VISIBLE FROM PUBLIC 50 SQFT 13X5 SQFT 6�5 SQFT �r 5 SQFT E �P u_ 11. SIGNAGE WILL BE REVIEWED UNDER A SEPARATE PERMIT. 12. WALLS ARE NOT APPROVED AS PART OF THE LANDSCAPE PLAN BUT ARE SHOWN FOR REFERENCE ONLY. WALLS ARE EXISTING. Zz 2, -�- -�- Zo __ 13. ALL RAMPS MUST MEET ADA ACCESSIBILITY GUIDELINES (ADAAG) STANDARDS 2% MAX CROSS SLOPES ----- ------ ----- - - -- ---�- AND 12:1 MAXIMUM LONGITUDINAL SLOPES. D MP TE CITY NOTES o Q �� PAVED ASPHALT A. FIRE DEPARTMENT ACCESS AND WATER SUPPLY REQUIREMENTS SHALL BE IN PLACE PRIOR TO / SITE ACCESSIBLE ONL E TRA CE _ PARKING COMBUSTIBLE MATERIALS BEING BROUGHT ON SITE N o Y / / DRIVEWAY �� ROUTE DRIVEWAY IV WA B. PURSUANT TO CHAPTER 32.5 OF THE APACHE JUNCTION CITY CODE,ALL NEW AND EXISTING UTILITIES -- Q --- -- U Q / WITHIN OR CONTIGUOUS TO THIS SITE SHALL BE PLACED UNDERGROUND. 0 0�� °� _ C. ALL UTILITY BOXES, VAULTS AND BACKFLOW PREVENTION DEVICES SHALL BE PAINTED TO MATCH THE z o 0 0 Q0 0 � Q -- — -- BUILDING AND SCREENED FROM PUBLIC VIEW BY A MASONRY WALL OR A ROUND-TOPPED WIRE MESH D cn W F- U ' GC ENCLOSURE, PAINTED TO MATCH THE ADJACENT WALL. ,ZItg a I ' III � � D. SIGHT DISTANCE REQUIREMENTS OF COG DETAIL G-447 (LOCAL STREETS) OR G-448 (ARTERIAL AND Q W Q 'Q VISI OR PA KING j N W COLLECTOR STREETS)ARE MET FOR ALL DRIVEWAYS AND STREETS. a o U 0' 'L o \ p J 0 E. STREETLIGHTS INSTALLED BY THE DEVELOPER MAY BE REQUIRED FOR CONSTRUCTION PLAN APPROVAL. QZ 'm-1- o U 77 77 m 2 N \ -------------- 18 17 16 15 14 13 12 10 9 8 Q o W w F. ON-SITE LIGHTING WILL BE PLACED SO AS TO DIRECT THE LIGHT AWAY FROM ADJACENT RESIDENTIAL USES 0- � PAVED ASPHALT 7 6 5 4 3 2 O rn Q W U= N= En ____- - z Z o U) of Q AND MUST NOT EXCEED ONE-FOOT CANDLE AT THE PROPERTY LINE. THE HEIGHT OF THE PARKING LOT 0 - PARKING F �- s LIGHTS WITHIN 150' OF RESIDENTIAL USE TO BE 15'. HIGH PRESSURE SODIUM (HPS) LIGHTING REQUIRED SITE ACCESSIBLE �► I �Z> co,)2 ADJACENT TO RESIDENCE. \ ROUTE DRIVEWAY W o Q co �- v,Q G. ON-SITE LIGHTING SHALL MEET OUTDOOR LIGHT CONTROL ORDINANCE. `n _° �► DRIVEWAY ONLY XIT w W 1u� 'm H. MAXIMUM NOISE LEVEL 55 DECIBELS (NORMAL SPEAKING VOICE)AT PROPERTY LINE. j ® RI HT RIGHT =z�w m `�_ DR VE AY Ua vow of a Q m c�Q I. CONVENIENCE USES SHALL BE SUBJECT TO A SEPARATE CITIZEN PARTICIPATION AND CONDITIONAL USE r -- - - -- — -_- WAY -Y a�UZ o�� PERMIT PROCESS. O 23 241 ' -- -------------'-------------' -------------------- -------------- - ---- ------- - Q J. RESPONSIBLE FOR MAINTAINING LANDSCAPING IN ALL PUBLIC RIGHTS-OF-WAY N-- --- 1 T - 1----- -;- -I z THE PROPERTY OWNER IS RE -� 25 6 --- ;— _ G)m c L ADJACENT TO THE PROJECT. UNDRY LDWf6N- w m m 0 W m Q LO i y -,a e I Q o � J C D S P 100 O ° A`�JND Y ° o V > z N LIN T 303: TWO UNIT 02: SINGLE U[�111" 3b1: SINGLESTORAGE �` m THIS IS TO REQUEST A PLANNED DEVELOPMENT AMENDMENT TO AN APPROVED CITY OF APACHE JUNCTION Q 'BEDROOM DROOM 1 1 'Qi �' *DROOM - ZONING ORDINANCE 1430 CASE PZ-5-16 PASSED BY CITY COUNCIL MAY 3RD 2016. THE EXISTING PARCEL _________ ' UJL 1L�1� -� 101-15-063A IS CURRENTLY DESIGNATED BY THE CITY OF APACHE JUNCTION AS RM1/PD WHICH BY DEFINITION 2�-S I; ; '2�- F-1--------- EX1S 1NG 375 'OFT BUILDI G #2 IS HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT. PREVIOUSLY, THE STATED r LLL PROPERTY WAS RS-20M MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR ---------- ---�-REAR PATI --ti-- ----------------L---- -----L--------------------------- --------- -�---- ----------------------- --------�-- -`��� _,� MANUFACTURED HOME PERMITTED. U „' —_ _ - - - - -- -— ��� - ,. W W Z --- - - - — — - ' �= WALKWAY LANDSCAPE .�-�a � LANDSC E THE GROSS PARCEL IS 43,581.05 SF OR 1 ACRE. THE PROPOSED LOT COVERAGE IS 22.22% WHERE 50% IS J ALLOWED CURRENTLY, THE RM-1/PD ZONING STATES: HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL. MAXIMUM () -j DENSITY OF 13 UNITS/ACRE (I.E., 3,350 SQUARE FEET PER UNIT) AND MINIMUM DEVELOPMENT PARCEL SIZE OF Lii Q W PROPERTY LINE 7,000 SQUARE FEET. IT IS THE INTENTION OF THE OWNER TO UPDATE THE BUILDING AND CONSTRUCT N ry > N w ADDITIONAL UNITS THAT WOULD BE A MAXIMUM OF 13 UNITS. Q z V o W 0 N 0 �, ° Z THE OWNER WISHES TO ENHANCE THE PROPERTY AND PROVIDE FOR LAUNDRY FACILITIES, AN ADDITIONAL ' ^ V► , o 0 _ Q Q Q w STORAGE UNIT, A PLAYGROUND AREA FOR THE TENANTS. THE PARKING WILL ALLOW FOR ADA SPACES AND Q 0 rt Q~ C7 Z SITE PLAN o�g 0 Z PROVIDE 26 SPACES. THE PROPOSED PROJECT WILL NOT CHANGE ACCESS POINTS TO ARTERIAL STREETS NOR (col—UQ W W U_ -m W z �of N ENCROACH ON ESTABLISHED RIGHT-OF-WAY. ALL PARKING AREAS AND DRIVEWAYS REMAIN BEHIND THE 0Doo= e�; 1" = 16'-0" 15 45 �W� N w o Fn Z m"W =7 o o o BUILDING SETBACK LINES EXCEPT WHERE NECESSARY TO ACCESS THE SITE. ADDITIONAL LANDSCAPING, 1ST REVIEW =—wQ—a-I— 0 30 60 90 -'ocnQo-- - U%-,cr� i> u)(n w w LL 7 LANDSCAPE ISLANDS. UPDATED ARCHITECTURAL DETAILS WILL BE ADDED TO ALLOW AN ATTRACTIVE STREET 1 COMMENTS QZ .. oo = .mow m sNn n a w o Z a) u) APPEARANCE AND MINIMIZE THE VIEW OF CARS AND PARKING AREAS. A NEW RETENTION BASIN WILL BE ADDED Q Q cm)_j Q v w 506 N VALLEY DR APACHE JUNCTION,AZ 85120 Q a O Q o 03/04/2021 m c'N o Parcel No. (APN): 101-15-065B 0-Q 0 Z NAM= EASILY PREVENTING ANY DRAINAGE ISSUES. Z° N a! Land Use Cat.: RESIDENTIAL zo �`��rn � THERE WILL BE NO IMPACT ON TRAFFIC PATTERNS, WALKABILITY AROUND THE PROPERTY OR THE CREATION OF Land Use Desc.: MOBILE/MANUFACTURED HOME 70 �•� ADVERSE CONDITIONS TO THE NEIGHBORHOOD. O m m U) p Nu Lot Area: 21,009.00 sqft(0.48 ACRES) > P m m �,O O a a) Q Owner: COLLINS, DAWN MAUREEN _j m_0 Q � J O < J It D Z C: LOT 21, BLOCK 3 OF APACHE ADDITION ACRES IN BOOK 05 OF MAPS PAGE 32 SEC 20-01 N-08E 43,581.05 SQUARE m � FEET 1.00 ACRE KEY NOTES PROJECT TEAM PROJECT STA TICS 101 PROPERTY LINE. 122 EXISTING TREES TO REMAIN. 102 FRONT REQUIRED 20'-0"BUILDING SETBACK LINE. 123 10'X 20'VISIBILITY TRIANGLE. OWNER PROJECT NAME: 512 MULTI FAMILY UNITE BUILDING SETBACKS 103 REAR REQUIRED 10'-0"BUILDING SETBACK. (SEE SPECIAL PLANNING NOTE B). AUM INVESTMENTS LLC PROJECT ADDRESS: 512 NORTH VALLEY DRIVE, APACHE JUNCTION, REQUIRED PROVIDED CONSTRUCTION CODES 104 10'_0" RETENTION BASIN,WITH LANDSCAPING MEETING 124 TYPICAL UNIT DIVISIONS. CONTACT: 2251 WEST SPUR ARIZONA 85120 ON 19 JUNE 2019, THE APACHE JUNCTION'S COUNCIL APPROVED THE CITY STANDARDS. 125 ONE WAY DRIVE. DRIVE, PHOENIX, ARIZONA 85085 APN: 101-15-063A STREET: 20 FEET 30 FEET ADOPTION OF THE FLOWING CODES AND THEIR AMENDMENTS. © COPYRIGHT 2°ANGAY ARCHITECTS,PATH S,LLC 5 EXISTING ACCESS POINT DRIVEWAY. RESIZED PER CITY STANDARD .126 NEW LANDSCAPING. SRIDHAR KRISHNAN WEST SIDE: 10 FEET 10 FEET KEY: 106 SITTING AREA. 127 NEW TREES ON NEIGHBORS'PROPERTY TEL: 210 434 4341 EMAIL: OCCUPANCY: CONSTRUCTION TYPE: EAST SIDE: 10 FEET 10 FEET CODE AMENDMENTS WERE APPROVED (AM. ORD. 1273, PASSED 107 PAVED ASPHALT PARKING. (WITH NEIGHBOR APPROVAL) AUMINVESTMENTZ@GMAIL.COM R-2 V-B REAR: 10 FEET 20 FEET 1 9-5-2006; AM. ORD. 1475, PASSED 6-19-2019) Z, 08 6"CONCRETE CURB AND GUTTER ACCORDING TO DETAIL 220(MAG 128 UNITS PLAY YARD FEATURE. ZONING: SITE AREA: PARKING ARCHITECT RM-1 43,581.05 SQ. FT. REQUIRED PROVIDED 018 INTERNATIONAL BUILDING CODE (IBC) 109 NEW WOOD FLAT FENCE. 129 PAVED WALKWAY PATHANGAY ARCHITECTS 018 INTERNATIONAL MECHANICAL CODE (IMC) 110 LANDSCAPE PARKING ISLAND WITH 6"CONC. CURB. 130 SEATING AREA AND PLAY AREA. 727 E. BETHANY HOME RD, STE 1 BUILDING AREA: SINGLE BEDROOM: (NEW 4 + EXISTING 4) X 1.5 12 CARS 018 INTERNATIONAL PLUMBING CODE (IPC) 111 NEW FRONT YARD LANDSCAPING. 131 TYPICAL COVERED PATIO. D225 EXISTING BUILDINGS: SINGLE ROOM 4, DOUBLE ROOM 2: 4,670 TWO BEDROOMS: (NEW 2 + EXISTING 2) X 2.0 8 CARS 018 INTERNATIONAL FUEL GAS CODE (IFGC) 112 EXISTING MULTI FAMILY UNITS. 132 NO PARKING SIGNS SPECIAL FIRE NOTE B. PHOENIX, AZ 85014 PROPOSED BUILDING: SINGLE ROOM 5, DOUBLE ROOM 2: 4,641 SF TOTAL PARKING: 20 CARS 26 CARS 018 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 113 NEW TRASH ENCLOSURE TO MEET CITY STANDARDS 6'CMU WALL 133 NEW TREE. SHEET TITLE: TEL: (602) 368-9375 ACCESSORY SPACE: 375 SF �2017 NATIONAL ELECTRICAL CODE (NEC) HEIGHT. 134 SITE ACCESSIBLE ROUTE SITE PLAN CONTACT: NAVIN PATHANGAY TOTAL AREA: 9,686 SF 2018 INTERNATIONAL RESIDENTIAL CODE 114 T-0"HIGH CMU PARKING SCREEN WALL,WITH COMPLEX 135 FIRE HYDRANT STANDARD PARKING SPACES: 24 CARS ADA CODES ARE REFERENCED IN THE 2018 INTERNATIONAL BUILDING NAME ADDRESS AND LANDSCAPE PLANTER. 136 CMU WALL CONTRACTOR BUILDING HEIGHT: ALLOWABLE - 35'-0" PROPOSED - 16'-0" (SINGLE ACCESSIBLE PARKING (1 STANDARD + 1 VAN) 2 CARS AS WELL AS ICC A117.1-2017 1 11 NEW MULTI FAMILY UNITS STRUCTURE FOOTPRINT. 137 NEW LIGHT POLE SHEET NUMBER: TBD STORY) TOTAL 26 CARS 116 SHADE STRUCTURE 138 DRIVEWAY ACCESS PER DETAIL 250-1 (MA A020 LOT COVERAGE: ALLOWED: 50% 117 ACCESSIBLE PARKING PER ADA STANDARDS. 139 6'SIDEWALK PER DETAIL 230(MAG) EXISTING: 22.22% (9,686 S.F./ 43,581.05 S.F.) 118 EXISTING POWER POLES. 1 140 MAILBOX DRAWN BY: REVIEWED BY: 119 STORM WATER RETENTION. 141 STREET LIGHT AS NP 120 NEW AC UNITS. 142 EXISTING TERRACE CANOPY/GAZEBO TO DATE: PROJECT NUMBER: 05/04/2021 2020-T39 121 EXISTING SAGUAROS TO REMAIN.. BE DEMOLISHED pathangay, architects 727 E BETHANY HOME RD-SUITE D225 PHOENIX ARIZONA 85014 (P)602-368-9375(F)602-368-9380 ��REO ARC, F AC I %if I,CAI 77 L IL J40833 xll' -------------------------------------------FW ] — I HW Ll ------- E PATHANGAY -- - 5E f - E . ONE ----- ---- L LU EXPIRES 6/30/2022 F I F- F ---—----- RC OM BEDROOM 0 --- ---- IFL---J1---TA 94.50 sqft J oj ---- A- \ ------7-ml 5 F, MASTER OM 2 4� BEDROOM 100 sqft ---------- DINNING ID H L 0 KITCHEN ---------------------- 109.81 sqft HW EIE 7\ LIVING CT� �IN 138.89 sqft �V718 qGft.............. BEDROOM 2 ---------- 93 sqft KITCHEN 96.66 sqft c DINNING 104.22 sqft D X, (3 1 u 0 ---------- ------------------------------ ------------- El a ox, PROPOSED HOUSE LEA 2 BEDROOM - 2 BATHROOM c) 30'-0" x 251-01' (750 sqft) Lo QUANTITY 2 co LL N PROPOSED HOUSE I BEDROOM - I BATHROOM 0 25*-0" x 25'-0" (625 sqft) U) QUANTITY 5 Lli W Z D iii < Lu CN 0� > a: < z C) C) N < Lo CL , In Lo < IE F- LIF L-1 L L-11 1ST REVIEW EIF"A ND�Ell= [:][]�-64 0-s�[:] COMMENTS - --- --------- 03/04/21 l]=LIL ]LILIE]EIE ]F]F]F]EEEEEEEEEE 0- -----E___J @ COPYRIGHT 2016 PATHANGAY ARCHITECTS,LLC KEY: STORAGE 164.50 sqft iF SHEET TITLE: FLOOR PLANS PROPOSED LAUNDRY/STORAGE SHEET NUMBER: BUILDING 15'-0" x 25'-0" A201 (375 sqft) DRAWN BY: REVIEWED BY: QUANTITY I JN NP DATE: PROJECT NUMBER: 3/04/2021 2021-24 1 w SITE PLAN GENERAL NOTES LO U 560 N VALLEY DR APACHE JUNCTION,AZ 85120 N W Parcel No. (APN): 101-15-062 , 1. DEVELOPMENT AND USE OF THIS SITE WILL CONFORM WITH ALL APPLICABLE pathangay architects Land Use Cat.: RESIDENTIAL Q J cn W Land Use Desc.: SINGLE FAMILY RESIDENCE N CODES AND ORDINANCES. 727 E BETHANY HOME RD-SUITE D225 z_m Q W r m PHOENIX ARIZONA 85014 0 0��=01- Building Area: 962 sgft 2. ALL NEW OR RELOCATED UTILITIES WILL BE PLACED UNDERGROUND. z>- -W Lot Area: 43,581.00 sgft(1 ACRES) 00 `� 3. STRUCTURES AND LANDSCAPING WITHIN A TRIANGLE MEASURED BACK 10' (P)602-368-9375(F)602-368-9380 U W-o=z Owner: BESTEN, GIL DEN z z-�<N W z o W FROM THE PROPERTY LINE AND 20' ALONG THE PROPERTY LINE ON EACH SIDE ��mQ� °-Y ..wu-- � WZctw �0W NJW D'- =a .:J �,o m Q W 00 OF THE DRIVEWAY ENTRANCES WILL BE MAINTAINED AT A MAXIMUM HEIGHT OF UQ O _�-O Uo�� QO ��REO AIp�9 <_v z O)Lo< z co z>- Soo;— 31. c 'l Q z �v5 15�= W o o� o z 4. ANY LIGHTING WILL BE PLACED SO AS TO DIRECT LIGHT AWAY FROM ADJACENT a��`�cAr ° � Lj= i6 c CHAIN LINK FENCE ON = Cn Q o=o 40833 o ° Wm ° 3 PROPERTY LINE PROPERTY LINE U W s RESIDENTIAL DISTRICTS AND WILL NOT EXCEED ONE FOOT CANDLE AT THE no m 0 Q° „,,,. Q Z W io 'n- NAVIN J J �,,, wood FENCE a-< (D �'o¢ PROPERTY LINE. NO NOISE ODOR OR VIBRATION WILL BE EMITTED AT ANY PATHANGAY U i ti - o t I - A�. I LEVEL EXCEEDING THE GENERAL LEVEL F NOISE, ODOR OR VIBRATION EP > I i � � , h � i . L NDSCA E © � EO . .�. ; - ;. ,., � DSCAPE ,.�.�..m m .....� �:� � ...ti..� _._.,.�. .�..�..�A �..m._m.: ,....,�.� ._w..n.� m .._,,.m .� ...� �.::_�. ..._�.� w..w�_.. : m..�_.,� �...._.. .:m �... �m.a�...� .�.��rt .�.�.:m. �......� .-..._w. „t o ,. �.,_.. _. _ w �N .;s . �������� � � �� kt„ , EMITTED BY USES IN THE AREA OUTSIDE OF THE SITE i zu, ,,,,,:. r I % s t i t i s .,e J -° to m G - -__,---_----__,--- ----�_-_� �,.. -�_-_ --- ----_�--- -__- _ - _- --__,_____-r__- --- _ _-___ z :�.t _____:__� . .,.,,,_ _ o ° 5. OWNERS OF PROPERTY ADJACENT TO THE PUBLIC RIGHTS-OF-WAY WILL HAVE - -- ----- --r-- ,- .-- - -, ns EXPIRES 6/30/2022 Q I Y I I ^ L I I 1 I I I I zz ° THE RESPONSIBILITY FOR MAINTAINING ALL LANDSCAPING LOCATED WITHIN THE J RIGHTS-OF-WAY IN ACCORDANCE WITH THE APPROVED PLANS.� m ' I I I \ 1 I 1 { f \ I f 1 1 I J 6. THE EXISTING STRUCTURES MUST COMPLY WITH THE CHANGE OF OCCUPANCY �',; �I> IB ITY TWA D 2-0NE , D 2� U 2� E EXISTING E 33' PROVISIONS IN THE APACHE JUNCTION CONSTRUCTION CODE PRIOR TO USE. EDROOM DROOM I DROOM DROOM I ----------------------------------- ------- Btt L__Dii�if-# --- ----------------------------------- I - .. , ; B ,� , ' �. 7. AFTER FINAL APPROVAL THE PROJECT WILL BE INSPECTED FOR ZONING COMPLIANCE DURING CONSTRUCTION AND PRIOR TO OCCUPANCY. THE I I ✓ I I 1 0 I � I I GARAGE , APPLICANT IS TO NOTIFY DSD PRIOR TO OCCUPANCY TO ARRANGE FOR I o I ; 20 s ! I E ALLINS_____________________ 22 2, I ; , ; ; ' `----------------------------------------- ,-------------------- -------------_' 8. EQUIPMENT AND SATELLITE DISHES SHALL BE SCREENED TO THE UMPST R - -LL ----- HEIGHT OF THE TALLEST EQUIPMENT. �o / _____________-_I I_-________ 9. ALL SERVICE AREAS SHALL BE SCREENED TO CONCEAL TRASH CONTAINERS, DRIVEWAY LOADING DOCKS, TRANSFORMERS, BACKFLOW PREVENTERS AND OTHER PAVED ASPHALT MECHANICAL OR ELECTRICAL EQUIPMENT FROM EYE LEVEL ADJACENT TO ALL DRIVEWAY PARKING 6NLY ENTRANCE PUBLIC STREETS. J Y DRIVEWAY 10. BARBED RAZOR OR CONCERTINA WIRE SHALL NOT BE USED ON THIS SITE LO z Q� / �� �'� WHERE VISIBLE FROM PUBLIC STREETS OR ADJACENT RESIDENTIAL AREAS. co o r , , VISITOR PARKING 11. SIGNAGE WILL BE REVIEWED UNDER A SEPARATE PERMIT. v, - - - J W W ., 12. WALLS ARE NOT APPROVED AS PART OF THE LANDSCAPE PLAN BUT ARE SHOWN ooQ���U ( �\ \\ - z �,J :, ��zcn SQJ � , W� �0 � _ ��� 3 O FOR REFERENCE ONLY. WALLS ARE EXISTING. z�00� � W x x W W 13. ALL RAMPS MUST MEET ADA ACCESSIBILITY GUIDELINES (ADAAG) STANDARDS, W z00 z �Q oU) o \ _-_-- 6 7 6 5 4 3 2 a 9 — cj� ___- — N W J 2/o MAX CROSS SLOPES, AND 12:1 MAXIMUM LONGITUDINAL SLOPES. T_ �O(A CN \ Q \� 8 - -� 7 6 5 4 3 2 1 -� — QOJ� W w UQ taWaCOQ \ z �Lo \ _ oo�r Q2 CITY NOTES QZ �� GM ~MW J ��� ° \ \ PAVED ASPHALT z �' ONLY EXIT D0�� —�Q o ° "m �' PARKING _ o C W a 0 \ — DRIVEWAY Q �= A. FIRE DEPARTMENT ACCESS AND WATER SUPPLY REQUIREMENTS SHALL BE IN o a J o o DRIVEWAY �► DRIVEWAY z z w �o (D 0 0 _J Q o PLACE PRIOR TO COMBUSTIBLE MATERIALS BEING BROUGHT ON SITE z J B. PURSUANT TO CHAPTER 32.5 OF THE APACHE JUNCTION CITY CODE, ALL NEW _ _ ¢ ° °'`� o AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THIS SITE SHALL BE(,{) C6 t 23 24 I i I O I I i i i I �— i_m m_; P_m_m_m_m_m ; Ii---------_) z I I I -- ---- -_ ------ 25 26 k ---- --- , ---- r- ---- I I I m m PLACED UNDERGROUND. i I a� io I E I I �'I I I I -I I I I - C i '�- I t0 I W 0 I I I I I I I I I (9 � I 2 L I I Q a o C. ALL UTILITY BOXES, VAULTS AND BACKFLOW PREVENTION DEVICES SHALL BE N ° Ir- PAINTED TO MATCH THE BUILDING AND SCREENED FROM PUBLIC VIEW BY A \l IT 303: TWO U41- 102: SINGLE ! ° U >o 01: SINGLE AUK i Y/ 9 t� m MASONRY WALL OR A ROUND-TOPPED WIRE MESH ENCLOSURE, PAINTED TO 00 BEDROOM DROOM �DROOM T � _ i ISIBILITY `° MATCH THE ADJACENT WALL. ________________________ X TI-I-%-G-_______________ ______________________________________ 1 /A`' �,.,, *gat�r�'"' � • V I "- - I LE 33 X D. SIGHT DISTANCE REQUIREMENTS OF COG DETAIL G-447 LOCAL STREETS OR BUILDING #2 37 sgft I i 3 G-448 (ARTERIAL AND COLLECTOR STREETS) ARE MET FOR ALL DRIVEWAYS AND Z I -_-------___`_--- -----`-------- -----------_ -_ --------------------------------------- --- ---i -------- STREETS t 9 ' w E. STREETLIGHTS INSTALLED BY THE DEVELOPER MAY BE REQUIRED FORry - --- --- _. ,.. _ -- - - - - - _ M ,.. ,,, . .....t. ...,,. =ICONSTRUCTION PLAN APPR VAL. . , 0 NSCAPE NDscAP U s.a �,.t F. ON SITE LIGHTING WILL BE PLACED SO AS TO DIRECT THE LIGHT AWAY FROM LU LLl Z � 'ff > ADJACENT RESIDENTIAL USES AND MUST NOT EXCEED ONE-FOOT CANDLE AT y � J � ` '' PROPERTY LINE THE PROPERTY LINE. THE HEIGHT OF THE PARKING LOT LIGHTS WITHIN 150' OF RESIDENTIAL USE TO BE 15', HIGH PRESSURE SODIUM (HPS) LIGHTING LL.I � W O _W U) 0 REQUIRED ADJACENT TO RESIDENCE. N 7 ( ' co O N W L v N = Q o W G. ON-SITE LIGHTING SHALL MEET OUTDOOR LIGHT CONTROL ORDINANCE. Q Q o �,Y z Q Q W � H. MAXIMUM NOISE LEVEL 55 DECIBELS (NORMAL SPEAKING VOICE) AT PROPERTY 0 00J� ryQ °8zo sQQ LINE. Lo Q ¢'� SITE PLAN z W J o = I. CONVENIENCE USES SHALL BE SUBJECT TO A SEPARATE CITIZEN PARTICIPATION Uol-U s¢Z ZLOZQ 'L0 x �p�Qoocn �.-WLL o o 1" — 20'-0° 15 45 W�_�W 6 s; AND CONDITIONAL USE PERMIT PROCESS. _ W Q�'�� E z :d 2 o W J. THE PROPERTY OWNER IS RESPONSIBLE FOR MAINTAINING LANDSCAPING IN ALL 506 N VALLEY DR APACHE JUNCTION,AZ 85120 0 30 60 90 e 0 1 ST REVIEW U �•�� � �� QQ � Qo Q z.;, �,o Parcel No. (APN): 101-15-065B a sum z �M= PUBLIC RIGHTS-OF-WAY ADJACENT TO THE PROJECT. 1 COMMENTS Wd+.w 280 Q a)U)�N L Q Q m J Q 4 w Land Use Cat.: RESIDENTIAL o �, .. t ai Land Use Desc.: MOBILE/MANUFACTURED HOME o� �'� 3 03/04/2021 0z Un0�'i� Lot Area: 21,009.00 sgft(0.48 ACRES) W - m �m -° PROJECT DESCRIPTION OU CO Owner: COLLINS, DAWN MAUREEN J J o 0dJ � QC j J z o - z � PLAN DEVELOPMENT REQUEST WITH A DENSITY INCREASE FOR ADDITIONAL co � J° o C) APARTMENTS FROM CASE PZ-5-16. ° J LEGAL DESCRIPTION LOT 21, BLOCK 3 OF APACHE ADDITION ACRES IN BOOK 05 OF MAPS PAGE 32 W V I RG I N I A ST SEC 20-01 N-08E 43,581.05 SQUARE FEET 1.00 ACRE PROJECT TEAM PROJECT STATICS LEGEND OWNER PROJECT NAME: 512 MULTI FAMILY UNITE BUILDING SETBACKS © COPYRIGHT 2016 AUM INVESTMENTS LLC PROJECT ADDRESS: 512 NORTH VALLEY DRIVE, APACHE JUNCTION, REQUIRED PROVIDED CONSTRUCTION CODES NEW LANDSCAPE - GRASS OR GROUD PATHANGAY ARCHITECTS,LLC CONTACT: 2251 WEST SPUR ARIZONA 85120 ON 19 JUNE 2019, THE APACHE JUNCTION'S COUNCIL APPROVED THE KEY: DRIVE, PHOENIX, ARIZONA 85085 APN: 101-15-063A STREET: 20 FEET 30 FEET ADOPTION OF THE FLOWING CODES AND THEIR AMENDMENTS. NEW LANDSCAPE - STONE COVERAGE AREA SRIDHAR KRISHNAN WEST SIDE: 10 FEET 10 FEET TEL: 210 434 4341 EMAIL: OCCUPANCY: CONSTRUCTION TYPE: EAST SIDE: 10 FEET 10 FEET CODE AMENDMENTS WERE APPROVED (AM. ORD. 1273, PASSED TREE -APPROXIMATE LOCATION AUMINVESTMENTZ@GMAIL.COM R-2 V-B REAR: 10 FEET 20 FEET 9-5-2006; AM. ORD. 1475, PASSED 6-19-2019) (D ZONING: SITE AREA: PARKING ARCHITECT RM-1 43,581 .05 SQ. FT. REQUIRED PROVIDED 2018 INTERNATIONAL BUILDING CODE (IBC) BUSH -APPROXIMATE LOCATION t PATHANGAY ARCHITECTS 2018 INTERNATIONAL MECHANICAL CODE (IMC) SHEET TITLE: 727 E. BETHANY HOME RD, STE BUILDING AREA: SINGLE BEDROOM: (NEW 4 + EXISTING 4) X 1.5 12 CARS 2018 INTERNATIONAL PLUMBING CODE (IPC) CACTUS -APPROXIMATE LOCATION D225 EXISTING BUILDINGS: SINGLE ROOM 4, DOUBLE ROOM 2: 4,670 TWO BEDROOMS: (NEW 2 + EXISTING 2) X 2.0 8 CARS 2018 INTERNATIONAL FUEL GAS CODE (IFGC) LANDSCAPE PHOENIX, AZ 85014 PROPOSED BUILDING: SINGLE ROOM 5, DOUBLE ROOM 2: 4,641 SF TOTAL PARKING: 20 CARS 26 CARS 2018 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) TEL: (602) 368-9375 ACCESSORY SPACE: 375 SF 2017 NATIONAL ELECTRICAL CODE (NEC) CMU WALL - LINE PROPERTY WALL CONTACT: NAVIN PATHANGAY TOTAL AREA: 9,686 SF 2018 INTERNATIONAL RESIDENTIAL CODE NOTE: SHEET NUMBER: STANDARD PARKING SPACES: 24 CARS ADA CODES ARE REFERENCED IN THE 2018 INTERNATIONAL BUILDING CODE, THE LOCATIONS OF TREES AND BUSHES ARE APPROXIMATE L001 CONTRACTOR BUILDING HEIGHT: ALLOWABLE - 35-0 PROPOSED - 16-0 (SINGLE ACCESSIBLE PARKING (1 STANDARD + 1 VAN) 2 CARS AS WELL AS ICC A117.1-2017 TBD STORY) TOTAL 26 CARS DRAWN BY: REVIEWED BY: LOT COVERAGE: ALLOWED: 50% As NP DATE: PROJECT NUMBER: EXISTING: 22.22% (9,686 S.F./ 43,581.05 S.F.) 05/04/2021 2020-T39 MATERIAL KEYNOTES j� BRIGK WALL WITH LIGHT SAND BLAST 1 DUNN EDWARDS DEW3$1-DROPLETS STUCCO FINISH-DUNN EDWARDS [D DEW381-DROPLETS WOOD FINISH-DUNN EDWARDS DE5125- v RED RIVER 1r� FASCIA -DUNN EDWARDS DE5125-RED RIVER SHINGLE ROOF-OWENS CORNING- E DESERT TAN LAMINATE ARCHITECTURAL SHINGLES ALUMINUM WINDOWS-WHITE FINISHED CLEAR/DUAL PANEL STUCCO FINISH-DUNN EDWARDS "aA B `;,,t,' DE6228-DROPLETS I tt.•^�ts,t,, 4n 4 3tt i } n aa'{ i gip} � ( I itstED AIR i DRAWING DESCRIPTION: %f t A, COLOR & MATERIAL BOARD �► o "'" pathangay architects 727 E B ETHANY HOME RD-SUIT E 0225 40833 PHOENIX A85014 NAVIN 512 MULTIFAMILY UNIT/ tPasoz-sss-ss75(F)602-368-9380 PATHANGAY PDA REQUEST SCALE: .1 DATE ��� �r4'�_��-o 09r21r2020 NE Q REFERENCE SHEET: PROJECT NUMBER: 512 N VALLEY DR A401 2020-T39 'irono u'rN APACHE JUNCTION,AZ 85120 SHEET NUMBER: EXPIRES 6/30/2022 o COPYRIGHT 2027 AA PATHANGAY ARCHITECTS,LLC 'L 9ects lFpathancgjay archit /A\ /n\ /A\ /A\ /A\ 727 E BETHANY HOME RD-SUITE D22 PHOENIX ARIZONA 85014 T T T T T T TT T T T (P)602-368-9375(F)602-368-9380 —1000 ole#loo\, AR CA ID 0] 1111 Lop lj r----------n F11-11 L-----------i c 40833 NAVI IN GARAGE GARAGE PATHANGAY PARKING COVERED COVERED PARKING COVERED COVERED 0 PORCH PORCH PORCH PORCH EXISTING BUILDING F F sj cnq� VIEW A-A FRONT ELEVATIONS 4rieo.. U.S."- 31342 11-01, 4 12 EXPIRES 6/30/2022 76 2 o CD) /D ca ca EXISTINT=ING 20 VIEW B-B - REAR ELEVATIONS V' 3132" 11-01, 4 12 76 2 /—A\ /—A\ /—A\ CD CG� T T T T T T T T T T T T T I I I I 1 100, Lee* '0010 1 oe FM --ll -- \'4 --[El CD RE 'E 3 m ..I—Mllm F\11 M I- LAUNDRY COVERED PARKING COVERED COVERED EXISTING BUILDING PORCH PORCH PORCH 00 LL N 4VIEW C-C FRONT ELEVATIONS I 132" 11-01, 4 12 7-- 0 16 24 z ry LD cl) w LLJ z (D) T T T T T T T/D\ TT T _j Z) w w ry > a: z 0 C'4 < Lo 'r-- 0- CEI cEa c JR rE rE rE Lo < I Ul EXISTING BUILDING 1 ST REVIEW 0 A VIEW D-D - REAR ELEVATIONS COMMENTS 1� -73/r32" = l'-O" 4 12 03/04/2021 0 8 16 24 GENERAL NOTES 1. ALL PRODUCTS LISTED BY ICC/N.E.R. NUMBER(S) SHALL BE INSTALLED PER THE REPORT AND MANUFACTURER'S WRITTEN INSTRUCTIONS. PRODUCT SUBSTITUTION(S) FOR PRODUCT(S) LISTED SHALL ALSO HAVE AN ICC APPROVED EVALUATION REPORT(S)OR BE APPROVED. WOOD FENCE CHAIN LINK 2. EXTERIOR WALL, BOTTOM SILL PLATES, SHALL BE PRESSURE TREATED OR EQUAL, ON SOUTH FENCE ON AND SHALL BEAR/EXTEND MINIMUM 6 INCHES ABOVE FINISH GRADE.(R319.1). PROPERTY LINE NORTH ED PROPERTY LINE 3. MISCELLANEOUS SITE STRUCTURES,POOLS,SPAS,FENCES,SITE WALLS,RETAINING c rm m WALLS,AND GAS STORAGE TANKS REQUIRE SEPARATE PERMITS. I I r 4. PER IRC SECTION P2903.5, WATER HAMMER ARRESTORS ARE REQUIRED AT QUICK EXISTING BUILDING EXISTING BUILDING CLOSING VALVES(DISHWASHERS&CLOTHES WASHERS). 5. PRESCRIPTIVE REQUIREMENTS FOR GLAZING INCLUDE A MAXIMUM U-VALUE OF 0.75 COPYRIGHT 2016 VIEW E-E SIDE ELEVATIONS - N VALLEY DR AND A MAXIMUM SOLAR HEAT GAIN COEFFICIENT OF 0.4.NOTE:"T"INDICATES AREAS PATHANGAY ARCHITECTS,LLC OF TEMPERED GLASS. KEY: 3/32" l'-O" 4 12 16 24 6. COMPLIANCE WITH CHAPTER 11 OF THE 2015 INTERNATIONAL RESIDENTIAL CODE OR CHAPTER 4 OF THE 2015 INTERNATIONAL ENERGY CODE IS REQUIRED(ZONE 2). 8. FURNITURE SHOWN FOR REFERENCE ONLY. MATERIAL KEYNOTES T /TD\ T T I BRICK WALL WITH LIGHT SAND BLAST 7%� DUNN EDWARDS DEW381 -DROPLETS CHAIN LINK WOOD FENCE STUCCO FINISH-DUNN EDWARDS DEW381 -DROPLETS SHEET TITLE: FENCE ON ON SOUTH NORTH—'\ PROPERTY LINE PROPERTY LINE WOOD FINISH-DUNN EDWARDS DE5367-DESERTED PATH EXTERIOR ELEVATIONS FASCIA -DUNN EDWARDS DE5367-DESERTED PATH COVERED COVERED PORCH PORCH SHINGLE ROOF SHEET NUMBER: VIEW F-F SIDE ELEVATIONS - REAR OF LOT OWENS CORNING-DESERT TAN LAMINATE ARCHITECTURAL SHINGLES &3/32f' = l'-O" 4 12 ALUMINUM WINDOWS-WHITE FINISHED A401 0 8 16 24 E CLEAR/DUAL PANEL DRAWN BY: REVIEWED BY: STUCCO FINISH-DUNN EDWARDS DE6228-DROPLETS CR NP DATE: PROJECT NUMBER: 05/04/2021 2020-T39 Public Participation report for 512 N Valley Drive zoning change Overview: This report provides results of the implementation of the Public Participation Plan for rezoning of the site located at 512 N Valley Dr. This report provides evidence that neighbors in the vicinity (300 ft) of the property have had adequate opportunity to learn about and comment on the proposed plans and actions addressed in the application. Comments, sign-in lists, petitions, letters, summary sheets, and other materials are attached. Contact: AUM Investments LLC 2251 W Spur Dr, Phoenix. Arizona 85085 Phone: (210)-421-4341 email: auminvestmentz(aa-)amail com Neighborhood Meetings: Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal. (Comments, sign in lists and other feedback are attached) 2/5/2021 - Multi Generational Center-classroom 117 1035 N Idaho Rd, Apache Junction, 6P.M.to 8P.M.-4 citizens in attendance Correspondence and Telephone Calls: 1. Door-to-Door visits and handover of site plan and project details to neighbors in the contact list (15) 2. Mailed site plan and project details to 6 neighbors located outside of apache junction on 03/06/2021 (March 6) 3. Phone calls -Adjacent Neighbors at the north and west of the property. Results: Summary of concerns, issues and problems: • Increased traffic in adjacent neighborhood • Increase in noise • Increase in crime due to poor quality of tenants including Section 8 tenants • Trespassing at night/miscreants abusing the lot at the rear end of the property • Access for the AZ water department to read meters of adjacent property if a wall is built around the property. • All mailboxes for the property are currently present in front of the property across the road, so all the residents How concerns, issues and problems will be addressed: w /\8K high VV@UwiUbebUilt8U8rOUOdih8p[Op8dv8Od8SeCUrUvg8tewiUbeiDSt8|ked8t the entrance k} only allow authorized personnel - residents and delivery/service professionals . w Property is professionallymanaged and a property manager ie available for resolving any concerns. w Tenants are/will be screened by the highest standards to ensure only quality tenants are selected. w AZ water will be consulted on why the access is required from our property and accordingly valid access will bBaccommodated. Concerns, issues and problems not addressed and why: m Applicant has limited control On increased traffic. Dear Kelsey Schattnik and Morgan Henn, This letter is in reference to the proposed building project at 512 North Valley Drive in Apache Junction. My wife, Ornalea, and I have owned our house at 463 North Valley Drive since 1991. Over the years, we have observed that most neigh borhood-problems have come from 512 North Valley Drive. Any break-ins in our neighborhood mostly came from that address. We know that because our son-in-law, Jeff Robinson, was a long-time Apache Junction policeman. Over the years, many occupants of that same address have highly exceeded the speed limit on North Valley Drive, and they often peel-in and peel-out of their gravel parking lot. There is already enough daily traffic high ly-exceeding our street's speed limit. Why do we have to endure the potential of double the number of those types of apartment-dwellers in our neighborhood? Do you? In addition, duplex-sized apartments will block part of our view of the Goldfield/ Usery Mountains. Single-story-zoned housing was part of the reason we bought our house at 463 North Valley 30 years ago. We are highly against extra apartments in our neighborhood when it wasn't previously zoned that way, especially two-story apartments. Omalea Mich Waldo John Mich 01 can, Ul W 14 W -4 -- 0 9-4 W t'J �'j CD I-j 0 C3 N 44 -4 w %A M M Ln NJ NJ N N 1.4 1.4 �-A $-A �-A AP 14 Ul uj un Z to tj 0 ,4 tA w 0 o Z M al > :q 0 r- 0 m r- J.A -,% > m 0 9- m m 2 *.- "0 ul r, < 9 M -4 > ILI Ws f— r- m m :0 r" Z rm 0 rn 0 4 z :3 ra m CL a 0 0 0 Ij tv t4 ro LU cn a ORDINANCE NO. 1505 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE P-21-6-PZ, A REQUEST BY AUM INVESTMENTS LLC. , REPRESENTED BY SRIDHAR KRISHNAN, ALLOWING THE ADDITION OF 7 APARTMENT UNITS FOR A TOTAL OF 13 UNITS ON THE 1 ACRE, HIGH DENSITY MULTIPLE- FAMLY RESIDENTIAL BY PLANNED DEVELOPMENT (NRM-1/PD") PROPERTY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property located at 512 N. Valley Drive, Apache Junction, AZ, has been developed as a multiple-family residential property with structures on it, since prior to the city adopting its March 1985 zoning ordinance; and WHEREAS, pursuant to case PZ-5-16, Ordinance No. 1430, on May 3, 2016, at the request of previous owner, Gene Rodaway, the property was rezoned from Medium Density Single-Family Detached Residential ("RS-20M") to High Density Multiple-Family Residential by Planned Development ("RM-1/PD") to property zone and allow the continued use as apartment rentals; and WHEREAS, pursuant to Ordinance No . 1430, condition no. 8, any expansion to the number of rental units will be subject to a major planned development ("PD") amendment; and WHEREAS, the current property owner, AUM Investments LLC . , submitted a rezoning application to amend the PD to allow the addition of 7 apartment units; and WHEREAS, on June 8, 2021, the Apache Junction planning and zoning commission voted 6-0 to recommend approval of planned development major amendment case P-21-6-PZ, subject to the conditions prescribed herein; and WHEREAS, the city council hereby determines that the proposed PD amendment request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, Section 1-5-1, Residential Use Regulations and Article 1-4 : Zoning Districts, Section 1-4-3, Planned Development Overlay District (except as otherwise conditioned herein) , including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of ORDINANCE NO. 1505 PAGE 1 OF 3 infrastructure, and that the design and uses should result in enhancements to the social, built and natural environments in the city. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That all applicable conditions of ordinance no. 1430 remain in full force and effect; and to allow additional apartment units, for the parcel of land legally described as : LOT 21, BLOCK 3 OF APACHE ADDITION ACRES IN BOOK 05 OF MAPS PAGE 32 SEC 20-01N-08E 43, 581 . 05 SQUARE FEET 1 . 00 ACRE . (Pinal County Assessor parcel 101-15-063A) be and hereby is approved, subject to the following conditions of approval : 1) All construction proposed on the property shall be subject to proper permits and inspection and be constructed in substantial compliance with the conceptual plan presented in case P-21-6-PZ . 2) All rental units shall be compliant with all other adopted city codes and ordinances, including but not necessarily limited to, the city' s zoning ordinance, engineering guidelines and landscape and screening requirements . 3) Landscape, screening and irrigation improvements, shall be constructed pursuant to the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-8 : Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size . 4) All applicable permits shall be applied for and plans shall be designed to current city codes prior to any lot grading or construction on the lot. 5) Applicable development fees for the new units shall be paid at the time of building permit issuance . ORDINANCE NO. 1505 PAGE 2 OF 3 6) Street improvements include but are not limited to, extension of pavement, sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping, subject to review and approval by the city engineer. 7) Applicant shall enter into Crime Free Multi-Family Housing Program and shall make management company contact information available to neighbors . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 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 JOEL STERN City Attorney ORDINANCE NO. 1505 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 17. File ID: 21-296 Sponsor: Misty Moseley Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed projects to be submitted under Resolution No. 21-24, authorizing the submission of the city's Fiscal Year 2021 (TY21")Community Development Block Grant Regional Account("CDBG")and Fiscal Year 2021 State Special Project("SSP")applications. City of Apache Junction,Arizona Page 1 Printed on 61912021 City ofApache Junction Development Services Department DATE: June 14, 2021 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director FROM: Misty Moseley-Helber, Grants & Community Development Administrator SUBJECT: Resolution No. 21-24 authorizing the submission of the city's FY21 CDBG and FY21 SSP applications REQUEST Presentation, discussion, and action on: 1. Conduct a public hearing to receive input and discuss potential projects for the utilization of Community Development Block Grant ("CDBG") Regional Account("RA") funds for Fiscal Year 2021 ("FY2 I") and State Special Project ("SSP") funds for Fiscal Year 202 1; 2. Select the project(s) to be submitted and designate which project will be submitted for CDBG for FY21 funding and which will be submitted for SSP for FY21 funding; and 3. Review, discuss, and approve Resolution No. 21-24, authorizing the submission of the city's FY21 CDBG and FY21 SSP applications. Both programs are federal grant programs administered by the Arizona Department of Housing ("ADOH"). The CDBG RA funding is allocated to the community as long as a viable project is submitted, whereas the SSP funding is a statewide competitive application process. BACKGROUND Since 1974, the Department of Housing and Urban Development has provided assistance to local communities to address the following national objectives: 1) Meet the needs of low and moderate income citizens; 2) Prevent/eliminate slums and blight in a community; and/or 3) Address urgent needs to the health/welfare of a community. Apache Junction has participated in the CDBG program since 1982. To participate in the programs and receive funds, a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects. Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard * Apache Junction,AZ 85119 - Ph: (480)474-5083 - Fax(480)982-7010 Ultimately, the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community. During the public meetings the city is required to discuss the following: 1) Objectives of the CDBG Program A. Project benefits the low to moderate income population 1. Will benefit the entire community. [The city currently does not have a community wide low income percentage greater than 5 1% and therefore this option is not eligible]; 2. Will benefit a limited clientele as defined by the CDBG program; or 3. Will benefit a specific area of the community proven to be at least 5 1% low to moderate income. B. Project addresses slum and blight 1. Within an approved redevelopment area per ARS and ADOH. [Eligible Redevelopment Areas include Crossroads and Apache Trail.] C. Project addresses an urgent need 1. This is classified under natural disasters and is traditionally not eligible for the City of Apache Junction. 2) Type of Eligible Activities Although many projects are considered eligible under the CDBG program, the proposed project must be reflected in the ADOH's Consolidated Plan and Action Plan. Likewise, there are restrictions for projects being submitted under the SSP program including projects considered ready to go which means the environmental review and project design has been completed. Other projects shown preference include housing rehabilitation and equipment purchases. 3) The city's previous use of CDBG funds For a complete list of past projects visit www.qpachejunctionaz.gov/927/Past-Plpjects. 4) Amount of funds available The City of Apache Junction is anticipating receiving $59,079 in CDBG RA funds. These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH. This application is due August 1, 2021. In years past, the city partnered with the Town of Payson to receive double funding every other year. The city chose to end that partnership in 2011. The city was approached by Gila County in April 2021 with a partnership proposal. The City of Apache Junction will receive Gila County's portion of funding in FY2 1, effectively doubling the amount to $118,15 8. In return, Gila County will receive Apache Junction's portion of funding in FY22. The City of Apache Junction is anticipating submitting an application for SSP funds in which the city may request up to $300,000 to be used over a two year period of time. Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard *Apache Junction,AZ 85119 * Ph: (480)474-5083 * Fax(480)982-7010 5) Implementation Schedule 04/13/2021 Public Notice #1 04/29/2021 End of Technical Assistance 04/29/2021 Public Meeting#1 05/20/2021 Leadership Team meeting - staff discussion 05/25/2021 Public Notice#2 06/15/2021 Public Hearing#2 06/15/2021 End of public comment period 08/01/2021 CDBG RA application due to CAG 09/01/2021 CDBG RA application due to ADOH 12/2021 Anticipated CDBG RA award notification and contract signing 01/2022 Anticipated CDBG RA project start date DISCUSSION Based upon the city's current low to moderate income status, the city must focus their CDBG and SSP efforts on projects that meet one of the following criteria: 1) Is within a designated and approved redevelopment area, e.g. Apache Trail Redevelopment Area; 2) Assist persons within a limited clientele category, e.g. seniors, disabled, etc.; 3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation; and 4) Assist neighborhoods that are proven to be low income. On May 20, 2021, the Leadership team discussed potential projects and recommends the following to the city council: Infrastructure improvements to Grand View neighborhood(both CDBG and SSP eligible) A resolution is required that authorizes the city to submit applications to ADOH for funding. Resolution No. 21-24 authorizes the mayor to sign the applications, contracts and grant documents, and take all actions necessary to implement and complete the activities submitted within the applications. RECOMMENDATION/ACTION REQUIRED Staff respectfully recommends the city council: 1. Conduct a public hearing and review the proposed project(s); 2. Select the project(s)to be submitted for FY21 CDBG funding and FY21 SSP funding. The following project is recommended by the leadership team: a. Infrastructure improvements to Grand View neighborhood(both CDBG and SSP eligible) 3. Approve Resolution No. 21-24. ATTACHMENTS Attachment One: Resolution No. 21-24 Planning& Zoninl-—Building& Sqfely—Revenue Develoj)ment 300 E. Superstition Boulevard *Apache Junction,AZ 85119 a Ph: (480)474-5083 e Fax(480)982-7010 RESOLUTION NO. 21-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2021 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") , FY 2021 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATION (S) . WHEREAS, the City of Apache Junction, Arizona ("City") is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Regional Account and State Special Project ("SSP") fund programs; and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives; and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons; and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on April 29, 2021 and June 15, 2021, the City held public hearings on CDBG and SSP proposed projects . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION AS FOLLOWS : SECTION I : Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2021 CDBG, and Fiscal Year 2021 SSP funds, and the mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for: RESOLUTION NO. 21-24 PAGE 1 OF 2 FY 2021 CDBG - Grand View neighborhood improvements for maximum grant award; and FY 2021 SSP - Grand View neighborhood improvements for $300, 000 . SECTION II : The mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications . SECTION III : The applications for State CDBG and SSP funds further the needs under State guidelines for low and moderate income persons . SECTION IV: The City shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF JUNE 2021 . SIGNED AND ATTESTED TO THIS DAY OF JUNE 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PE&A City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-24 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 18. File ID: 21-285 Sponsor:Janine Solley Agenda Date:6/15/2021 Index: In Control: City Council Meeting Presentation, discussion, and consideration of the Economic Development Agreement with the Greater Phoenix Economic Council (GPEC)for economic development services for the term of one year and in the amount of$26,283.00, and appointment of Councilmember Kelly Gremmel as the City of Apache Junction representative to the GPEC Board of Directors. GPEC staff will provide a brief presentation and be available to answer any questions. City of Apache Junction,Arizona Page 1 Printed on 61912021 z City o,fAvache Junction Economic Development Department DATE: May 27, 2021 MEMORANDUM TO: The Honorable Mayor& City Councilmembers MEMORANDUM THRU: Bryant Powell, City Manager Matt Busby, Assistant City Manager MEMORANDUM FROM: Janine Solley, Economic Development Director SUBJECT: Greater Phoenix Economic Council (GPEC) contract Renewal FY 21/22 and GPEC Board Recommendation The Greater Phoenix Economic Council (GPEC) has acted as the City's Regional Economic Development agency since 2007. As such, GPEC undertakes strategic economic development initiatives including business recruitment, expansion and attraction to bring additional jobs and positive economic outcomes to the Phoenix region. We annually host GPEC for our Community Partnership Meeting (future meeting date TBD due to COVID-19 impacts), have regular involvement with representation on the GPEC Board of Directors, Mayors & Supervisors leadership involvement, and Economic Development staff with the Economic Development Directors Team meetings, and a number of us regularly participate in GPEC educational and ambassador events. Heading into our 14th year as a member of GPEC, we're pleased with the variety of services GPEC provides to Apache Junction and the Greater Phoenix Region to enhance the region's competitiveness and grow quality jobs. Per the annual contract, GPEC and the City of Apache Junction have specific responsibilities to cooperate on a regional level to meet GPEC's specific annual performance targets. While some strategies are periodically adjusted or enhanced to meet current economic climates or business trends, the core focus and goals remain relatively fixed. A full copy of the contract and exhibits has been provided. This year's GPEC renewal is in the amount of $26,283.00 (based on $0.6252 per capita for Pinal County population of 41,782, and $0.4897 per capita for Maricopa County population of 328). Staff once again respectfully recommends approval of the contract and the Mayor's recommendation to have Councilmember Kelly Gremmel serve as Apache Junction's representative on the GPEC Board of Directors. Voice (480) 982-8002 -Fax(480) 982-7018 - TDD (480) 983-0095 www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 Greater Phoenix Economic Council C'Isty of Apache Junct*ion Overv*iew 602.256,7700//1 gpec.org C �k2 ,-, ) K T YTD FY21 Quick Overview 34 Companies Have L-0cated In FY21 Prosplelct Stats t $12.8 Billion In Capital Investment 7,936 Jobs 138% 1, 22% 121 % Created in the Region of Goal lnternationa� of Last.Year S $79,996 N:O:V Avg. High Wage Sa�ary *Numbers as ofApril 30 CT 3 YTD FY21 Current Prospect Activity Active Prospects 253 FY21 Prospects 237 Capital Investment Potential $30.7 billion Jobs Potential 40,369 Square Footage Potential 58,662,707 *Numbers as ofApril 30 MMMIMM�MMMM FY21 YTD Prospects by HQ Location * 31 % prospects from California * 51 international prospects including from: • Canada • Russia • Taiwan • United Arab Emirates • United Kingdom International 51 Unknown 38 Grand Total 237 1-10 11-20 21-30 30+ *Numbers as ofApril 30 5 �n6 %.T> K EMMEMEMEMMMESE Regional Results Reg�onal Results SUrnmary Apache Junction Results Through Regional SUccess FY21 FY20 5-Year Total GPEC has assisted 210 locates in Greater Payroll Generated Phoenix in the last five (in millions of dollars) $493.9 $555.8 $2,516.7 years. —------.................. Jobs 7,936 9,776 43,239 High-Wage Jobs 4,506 6,190 24,182 Average Salary $62,235 $56,857 $58,205 Commute patterns and retail studies Qualified Prospects 237 240 1,300 show that employees of'locates' live and Assisted Locates 34 42 210 spend their incomes in all Greater Phoenix communities. Capital Investment $12,778.2 $4,266.8 $20,880.5 (in millions of dollars) *FY21 numbers are through April 30,2021 > EMMEMEMEMMMEEN Apache Junction 5-Year Trend on Revenue Return $13 $26 of direct revenue for every of total revenue for every $1 invested' $1 invested2 $31 .5M $1 .6M in new consumer spending in new Apache Junction generated by new Apache direct revenues(boosted to Junction jobs and employed $3.2 million when including Apache Junction residents. An Funding Request for FY22: related multiplier effects of addition of$25.5 million $26,283 $1.6 million). created by multiplier effects (Based on AZ Offi ce of Economic results in total consumer Opportunity 2020 population) spending of$57.1 million. I nnc�.,cos p,,p,rl,,,-I as—1 uh I it,taxes,as we I I as state-sh a red and other Idea I revenues. h he Greater Phoenix Con saus us I in pact Mode L In 1999,GPEC a rid o-ma=md—aloped the region's first-everconsensus-based revenue and economic impact mode L VT 8 as- , en multiplier data Provided by IMPLAN,the model is customi sed to carubte ic no revenue benefits for GPEC's members and the State of Arizona. 2 'd direct nes plus those generated by related supplier and consumerjobs, e re 3 Revenu mates a_from t Based on nationally accepted EMMEMEMEMMMEEN East Valley Locates GPEC has assisted 210 locates in Greater Phoenix in the last five years, including notable companies such as Silicon Valley Bank, Deloitte, Creighton University, Microsoft, Electra Mecca nica and more ROGERS a) Acronis C OR PO R AT I ON Allstate You'ree in good bands� 225 jobs 66 jobs 2,350 jobs 99 jobs $ 39.5M CapEx $ 56.5M CapEx $35.OM CapEx $4.5M CapEx Or-eight-on oil rl& UNIVERSITY cz�� MEEEAnICA 100 jobs 199jobs 1,500 jobs 300 jobs $75.OM CapEx $26.2M CapEx $34.OM CapEx $47.8M CapEx EMMEMEMEMMMESE FY22 Action Plan 10 ........... Ix ........... .............. 'K" er . ........... ................. IS, & A n 11,1 iN o ON, wo� ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION This AGREEMENT is entered into between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and the GREATER PHOENIX ECONOMIC COUNCIL ("GPEC"), an Arizona non-profit corporation, both of which may be hereinafter referred to collectively as the "Parties" or individually as a "Party". RECITALS A. City desires to retain the services of a regional economic development agency to undertake strategic worldwide economic development initiatives including business recruitment, expansion and attraction to bring additional jobs and positive economic outcomes to the Phoenix region. B. GPEC is one of the region's premier economic development groups for regional economic development services for the Phoenix region. C. The purpose of this agreement is to set forth the regional economic development program that GPEC agrees to undertake, the support that the City agrees to provide, the respective roles of GPEC and the City and the payment schedule between the City to GPEC for the 2021-2022 fiscal year. D. The Parties negotiated a similar agreement effective July 6, 2020 through June 30, 2021. NOW,THEREFORE, in consideration of the mutual promises contained herein, the CITY and GPEC agree as follows: 1. RESPONSIBILITIES OF GPEC A. MISSION: Attract and grow quality businesses and advocate for Greater Phoenix's competitiveness. B. GOALS: GPEC is guided by and strategically focused on two specific long- range goals: 1. Marketing the region to generate qualified business/industry prospects in targeted economic clusters 2. Leveraging public and private allies and resources to locate qualified prospects, improve overall competitiveness, and sustain organizational vitality C. RETENTION AND EXPANSION POLICY: 1. GPEC's primary role is developing the Greater Phoenix region's market intelligence strategy for high wage, base industry clusters in coordination with representatives of GPEC member Page I of 13 communities. 2. Retention and expansion of existing businesses within GPEC member communities is primarily a local issue. 3. GPEC will support its member communities' efforts to retain and expand existing businesses through coordinating regional support and providing research on key retention and expansion projects. 4. GPEC will advise its member communities when an existing company contacts GPEC regarding a retention or expansion issue, subject to any legal or contractual non-disclosure obligations. D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and Retention and Expansion Policy set forth above and subject to the availability of adequate funding, GPEC shall implement the Action Plan and Budget adopted by GPEC's Board of Directors, a copy of which has been delivered to the City, receipt of which is hereby acknowledged. A summary of the Action Plan is attached hereto as Exhibit A ("GPEC Action Plan"). The City shall be informed of any changes in the adopted GPEC Action Plan which will materially affect or alter the priorities established therein. Such notification will be in writing and will be made prior to implementation of such changes. Notwithstanding the foregoing, the City acknowledges and agrees that GPEC may, in its reasonable judgment in accordance with its own practices and procedures, substitute, change, reschedule, cancel or defer certain events or activities described in the GPEC Action Plan as required by a result of changing market conditions, funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control. GPEC shall solicit the input of the City on the formulation of future marketing strategies and advertisements. The GPEC Action Plan will be revised to reflect any agreed upon changes to the GPEC Action Plan. E. PERFORMANCE TARGETS: Specific performance targets, established by GPEC's Executive Committee and Board of Directors, are attached hereto as Exhibit B ("GPEC Performance Measures") and shall be used to evaluate and report progress on GPEC's implementation of the GPEC Action Plan. In the event of changing market conditions,funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control, these performance targets may be revised with the City's prior written approval, or with the prior written approval of a majority of the designated members of GPEC's Economic Development Directors Team ("EDDT"). GPEC will provide monthly reports on the 15th of each month to the City discussing in detail its progress in implementing the GPEC Action Plan as well as reporting the numerical results for each performance measurement set forth in Exhibit B. GPEC shall provide a copy of its annual external audit for the preceding fiscal year to the City no later than December 31, 2021. In the case of any benchmark which is not met, GPEC will meet with the EDDT to provide an explanation of the relevant factors and circumstances and discuss the approach to be taken in order to achieve the target(s). Failure to meet a performance target will not, by itself, Page 2 of 13 constitute an event of default hereunder unless GPEC: (i)fails to inform the City of such events; or(ii)fails to meet with EDDT to present a plan for improving its performance during the balance of the term of the Agreement. RESPONSIBILITIES OF THE CITY A. STAFF SUPPORT OF GPEC EFFORTS:The City shall provide staff support to GPEC's economic development efforts as follows: I. The City shall respond to leads or prospects referred by GPEC in a professional manner within the time frame specified by the lead or prospect if the City desires to compete and if the lead is appropriate for the City. When available, the City agrees to provide its response in the format developed jointly by EDDT and GPEC. 2. The City shall provide appropriate local hospitality, tours and briefings for prospects visiting sites in the City. 3. The City shall provide an official economic development representative to represent the City on the EDDT, which advises GPEC's President and CEO. 4. The City shall cooperate in the implementation of GPEC/EDDT process improvement recommendations including the use of common presentation formats, exchange of information on prospects with GPEC's staff, the use of shared data systems, land and building data bases and private sector real estate industry interfaces. 5. The City shall use its best efforts to respond to special requests by GPEC for particularized information about the City within three business days after the receipt of such request. 6. In order to enable GPEC to be more sensitive to the City's requirements, the City shall, at its sole option, deliver to GPEC copies of any City approved economic development strategies, work plan, programs and evaluation criteria. GPEC shall not disclose the same to the other participants in GPEC or their representatives. 7. The City shall utilize its best good faith efforts to cause an economic development professional representing the City to attend all marketing events and other functions to which the City has committed itself. 8. The City agrees to work with GPEC to improve the City's competitiveness and market readiness to support the growth and expansion of the targeted industries as identified for the City in Exhibit C ("Targeted Industries"). B. NONEXCLUSIVE AGREEMENT: The City recognizes GPEC as a regional economic development organization for marketing the Greater Phoenix Page 3 of 13 region. Nothing in this agreement however prohibits the City from contracting with other regional economic development marketing providers for similar services. ADDITIONAL AGREEMENTS OF THE PARTIES: A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL ASSISTANCE: Representative(s) of the City shall be entitled to participate in GPEC's marketing events provided that such participation shall not be at GPEC's expense. When requested and appropriate, GPEC will use its best efforts to provide technical assistance and support to City economic development staff for business location prospects identified and qualified by the City and assist the City with presentations to the prospect in the City or their corporate location. B. COMPENSATION&TERM: 1. The City agrees to pay$26,283 for services to be provided by GPEC pursuant to the Agreement during the fiscal year from July 1, 2021 ending on June 30, 2022, as set forth in this Agreement. This amount is based on approximately$0.6252 per capita applied to that portion of the City's population outside of Maricopa County plus $0.4897 per capita applied to that portion of the City's population within Maricopa County, based upon the based up on the 2020 Office of Economic Opportunity population estimate, which listed the City as having a population of 41,782 in Pinal County and 328 in Maricopa County. The payment by the City may, upon the mutual and discretionary approval of the board of directors of GPEC and the City, be increased or decreased from time to time during the term hereof in accordance with the increases or decreases of general application in the per capita payments to GPEC by other municipalities which support GPEC, but in no event shall the total compensation exceed $30,000.00 for the term of this Agreement. 2. Funding of this Agreement shall be subject to the annual appropriations of funds for this activity by the City pursuant to the required budget process of the City. 3. GPEC shall submit invoices for payment on an annual basis. The foregoing notwithstanding, if GPEC has not provided the City with the audit required pursuant to paragraph I(E) above no later than December 31, 2021, no payments shall be made hereunder until the City receives the audit report and is provided at least a 30 calendar day review and approval period.. Invoices and monthly activity reports, substantially in the form of Exhibit D ("Reporting Mechanism for Contract Fulfillment") attached hereto, are to be submitted to the address listed under paragraph IV(P). C. MUTUAL COOPERATION: 1. The parties acknowledge that GPEC is a cooperative organization effort among GPEC and its member communities. Accordingly, the Page 4 of 13 City and GPEC covenant and agree to work together in a productive and harmonious manner, to cooperate in furthering GPEC's goals for FY2022. The City and GPEC further covenant and agree to comply with the Regional Cooperation Protocol, attached hereto as Exhibit F, in all material respects. 2. The City agrees to work with GPEC, as necessary or appropriate, to revise the performance measures, and/or benchmarks, and/or goals for the FY2023 contract. 3. The City agrees to work with GPEC during FY2022 to develop a revised public sector funding plan, including a regional allocation formula for FY2023, if determined to be necessary or appropriate. IV. GENERAL PROVISIONS: A. COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For a breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, in its discretion, to deduct the commission, brokerage or contingent fee from its payment to GPEC. B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC acknowledges that no payment shall be made to any contractor as long as there is any outstanding obligation due to the City, and any such obligation shall be offset against payment due to GPEC. C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and have no effect. D. INDEPENDENT CONTRACTOR; No AGENCY: Nothing contained in this Agreement creates any partnership,joint venture or agency relationship between the City and GPEC. At all times during the term of this Agreement, GPEC shall be an independent contractor and shall not be an employee of City. City shall have the right to control GPEC only insofar as to the results of GPEC's services rendered pursuant to this Agreement. GPEC shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. GPEC shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract, GPEC shall indemnify, defend, hold, protect and save harmless the City and any and all of its council members, appointees, officers and employees from and against any and all actions, suits, proceedings, claims and demands, loss, liens, costs, expense and liability of any kind and nature whatsoever,for injury to or death of persons, or damage to property, including property owned by City brought, made,filed against, imposed upon or sustained by the City, its appointees, officers, or Page 5 of 13 employees in and arising from or attributable to or caused directly or indirectly by the negligence, wrongful acts, omissions or from operations conducted by GPEC, its directors, officers, agents or employees acting on behalf of GPEC and with GPEC's knowledge and consent. Any party entitled to indemnity shall notify GPEC in writing of the existence of any claim, demand or other matter to which GPEC's indemnification obligations would apply, and shall give to GPEC a reasonable opportunity to defend the same at its own expense and with counsel reasonably satisfactory to the indemnified party. Nothing in this Subsection E shall be deemed to provide indemnification to any indemnified party with respect to any liabilities arising from the fraud, negligence, omissions or willful misconduct of such indemnified party. F. INSURANCE: GPEC shall procure and maintain for the duration of this Agreement, at GPEC's own cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement by GPEC, its agents, representatives, employees or contractors, in accordance with the Insurance Requirements set forth in Exhibit E ("Insurance Requirements"), attached hereto. The City acknowledges that it has received and reviewed evidence of GPEC's insurance coverage in effect as of the execution of this Agreement. G. GRATUITIES. The City may, by written notice to GPEC, terminate the right of GPEC to proceed under this Agreement upon one (1) calendar day notice, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by GPEC, or any agent or representative of GPEC, to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract; provided that the existence of the facts upon which the City makes such findings shall be an issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue all legal and equitable remedies against GPEC available to the City. H. EQUAL EmPLOYMENT OPPORTUNITY. During the performance of this Agreement, GPEC agrees as follows: 1 GPEC will not discriminate against any employee or applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age or disability. GPEC shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, gender, sexual orientation, national origin, age or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. GPEC agrees to post in conspicuous Page 6 of 13 places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. GPEC will, in all solicitations or advertisements for employees place by or on behalf of GPEC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, sexual orientation, national origin, age or disability. 3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to Agreements or subcontracts for standard commercial supplies or new materials. 4. Upon request by the City, GPEC shall provide City with information and data concerning action taken and results obtained in regard to GPEC's Equal Employment Opportunity efforts performed during the term of this Agreement. Such reports shall be accomplished upon forms furnished by the City or in such other format as the City shall prescribe. COMPLIANCE WITH APPLICABLE FEDERAL AND STATE I-Aws REQUIRED. GPEC understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 and agrees to comply therewith in performing under any resultant agreement and to permit City inspection of its records to verify such compliance. 1. GPEC warrants to the City that, to the extent applicable under A.R.S. §41-4401, GPEC is in compliance with all Federal Immigration laws and regulations that relate to its employees and with the E-Verify Program under A.R.S. § 23-214(A). GPEC acknowledges that a breach of this warranty by GPEC or any subconsultants providing services under this Agreement is a material breach of this Agreement subject to penalties up to and including termination of this Agreement or any applicable subcontract. The City retains the legal right to inspect the papers of any employee of GPEC or any subconsultant who works on this Agreement to ensure compliance with this warranty. 2. The City may conduct random verification of the employment records of GPEC and any of its subconsultants who work on this Agreement to ensure compliance with this warranty. 3. The City will not consider GPEC or any of its subconsultants who work on this Agreement in material breach of the foregoing warranty if GPEC and such subconsultants establish that they have complied with the employment verification provisions prescribed by 8 USCA § 1324(a) and (b) of the Federal Immigration and Nationality Act and the e-verify requirements prescribed by Arizona Revised Statutes § 23-214(A). Page 7 of 13 4 . The provisions of this Section I must be included in any contract GPEC enters into with any and all of its subconsultants who provide services under this Agreement or any subcontract to provide services under this Agreement. As used in this Section I "services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 5. Pursuant to A.R.S. §§ 35-393 through 35-393.03, GPEC hereby certifies to the City that GPEC does not have any contracts/services/providers/suppliers that boycott Israel. J. TERMINATION. City shall have the right to terminate this Agreement if GPEC shall fail to duly perform, observe or comply with any covenant, condition or agreement on its part under this Agreement and such failure continues for a period of 30 calendar days (or such shorter period as may be expressly provided herein) after the date on which written notice requiring the failure to be remedied shall have been given to GPEC by the City; provided, however, that if such performance, observation or compliance requires work to be done, action to be taken or conditions to be remedied which, by their nature, cannot reasonably be accomplished within 30 calendar days, no event of default shall be deemed to have occurred or to exist if, and so long as, GPEC shall commence such action within that period and diligently and continuously prosecute the same to completion within 90 calendar days or such longer period as the City may approve in writing. The foregoing notwithstanding, in the event of circumstances which render GPEC incapable of providing the services required to be performed hereunder, including, but not limited to, insolvency or an award of monetary damages against GPEC in excess of its available insurance coverage and assets, the City may immediately and without further notice terminate this Agreement. K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's performance hereunder shall be in material compliance with all applicable federal, state and local health, environmental, and safety laws, regulations, standards, and ordinances in effect during the performance of this Agreement. L. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to this Agreement must be filed in the county of Pinal, State of Arizona, or in the Federal District Court in the District of Arizona. In any legal action, the prevailing party in such action will be entitled to reimbursement by the other party for all costs and expenses of such action, including reasonable attorneys'fees as may be fixed by the Court. M. APPLICABLE LAW. Any and all disputes arising under any Agreement to be awarded hereunder or out of the proposals herein called for, which cannot be administratively resolved, shall be tried according to the laws of the State of Arizona, and GPEC shall agree that the venue for any such action shall be in the State of Arizona, Pinal County. Page 8 of 13 Page 9 of 13 N. CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding the existence of any dispute between the parties, each party shall continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by an Arizona court of competent jurisdiction. GPEC must keep all Agreement records separate for three years and make them available for audit by City personnel upon request . Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be deemed received at the time it is personally delivered, on the day it is sent by facsimile transmission, on the second day after its deposit with any commercial air courier or express service or, if mailed, three (3) business days after the notice is deposited in the United States mail addressed as follows: If to City: Bryant Powell City Manager City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Phone: (480) 474-5092 Fax: (480) 474-5110 If to GPEC: Chris Camacho President and Chief Executive Officer Greater Phoenix Economic Council Two North Central Avenue, Suite 2500 Phoenix, Arizona 85004-4469 Phone: (602) 256-7700 FAX: (602) 256-7744 Any time period stated in a notice shall be computed from the time the notice is deemed received. Either party may change its mailing address or the person to receive notice by notifying the other party as provided in this paragraph. Notwithstanding paragraph IV(J), all parties hereto acknowledge that this Agreement is subject to cancellation by the City pursuant to the provisions of A.R.S. § 38-511. No member, official or employee of the City will be personally liable to GPEC, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to GPEC or successor, or on any obligation under the terms of this Agreement. No member, official or employee of GPEC will be personally liable to the City, or any successor in interest, in the event of any default or breach by the GPEC or for any amount which may become due to the City or successor, or on any obligation under the terms of this Agreement. S. SEVERABILITY. City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. T. CAPTIONS. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. U. NO THIRD PARTY BENEFICIARIES. No creditor of either party or other individual or entity shall have any rights, whether as a third-party beneficiary or otherwise, by reason of any provision of this Agreement. V. Disclosure of Confidential Information If Required By Law. This agreement allows the Parties to disclose Confidential Information, as defined below, to each other under the following terms. In the opinion of the Parties to this Agreement: (1) the Confidential Information is the proprietary property of the Parties and is strictly confidential and privileged pursuant to, among other laws, A.R.S. §§44-401, et seq., (2)the release of the Confidential Information provided could cause harm to the Parties' competitive position, (3)the Confidential Information is potentially personal and private, and (4) the Confidential Information is exempt from disclosure under the Arizona Public Records and Open Meeting Laws, A.R.S. § 39-121, et seq. The Agreement does not license, assign, or convey any intellectual property or proprietary rights from any Party to any other Party. "Confidential Information" means non-public information, know-how, or trade secrets in any form, that: 1. Are designated as being confidential; or 2. A reasonable person knows or reasonably should understand to be confidential. The City must comply with and may be subject to certain disclosure requirements under the Arizona public records law (A.R.S. § 39-101, et seq.). The City may disclose Confidential Information if required to comply with a court order or other government demand that has the force of law. Prior to disclosure, the Party must: 1. Seek the highest level of protection available; and Page 10 of 13 2. Give GPEC reasonable prior notice of the request for records and identified responsive documents to allow them to seek a protective order, unless such notice is not permitted under law. W. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be executed in up to three (3) duplicate originals, each of which is deemed to be an original. This Agreement, including eleven (11) pages of text and the below-listed exhibits which are incorporated herein by this reference, constitutes the entire understanding and agreement of the parties. Exhibit A- GPEC Action Plan Exhibit B- GPEC Performance Measures Exhibit C-Targeted Industries Exhibit D- Reporting Mechanism for Contract Fulfillment Exhibit E- Insurance Requirements Exhibit F-Regional Cooperation Protocol This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default, will not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or GPEC, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 11 of 13 IN WITNESS WHEREOF, the parties hereto have executed the Agreement this day of , 2021. City of Apache Junction, an Arizona municipal corporation By: Walter"Chip" Wilson, Mayor ATTEST: By: Jennifer Pena, City Clerk APPROVED AS TO FORM: By: Richard J. Stern, City Attorney STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) On this day of , 2021, before me, the undersigned Notary Public, personally appeared Walter "Chip" Wilson, who acknowledged himself to be the mayor of the city of Apache Junction, an Arizona municipal corporation, that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. In witness whereof, I hereunto set my hand and official seal. Notary Public My commission expires: Page 12 of 13 GREATER PHOENIX ECONOMIC COUNCIL, an Arizona nonprofit corporation By: Chris Camacho, President& Chief Executive Officer STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On this day of , 2021, before me, the undersigned Notary Public, personally appeared Chris Camacho, who acknowledged himself to be the President& Chief Executive Officer of Greater Phoenix Economic Council, an Arizona non-profit corporation, that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. In witness whereof, I hereunto set my hand and official seal. Notary Public My commission expires: Page 13 of 13 }},t tlZt � t S`!Zt s. 4 ,rrr, {, t,r �F ,{{. 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This will be accomplished through two overarching goals that drive the i organization forward: .- Redefine regional economic � �°8 resilience and competitiveness to meet 21 st century challenges and opportunitiesBuilding a ustainable Goal #2 economy Demonstrate what it means to be a best-in-class -' • economic development organization " ............ Elevate our organizational and Tact*ics & M *ilestones regional and globally Greater Phoenix is rapidly gaining recognition as a top tier market to do business, in part due to the elevation of the region's brand. In FY21 GPEC was named the #1 economic development organization in the U.S. In FY22 GPEC will build on this success to strengthen the region's position by using data-driven messaging to effectively tell our story both locally and globally.The organization will increase recognition of our brand by developing strategies for brand maintenance and improving our website presence.And we will enhance communication with our stakeholders through analytics and marketing automation tactics. Tactics: is • Communicate the Greater Phoenix value 0 Develop processes and a cadence to identify proposition regionally, nationally and globally. significant data releases that GPEC can use to • Continue to build on the recent refresh to tell the regional story and strengthen increase the perception of the GPEC brand. its position. • Improve GPEC's website presence. Construct strategies and methods to support brand maintenance. • Enhance ongoing communication with GPEC stakeholders through marketing automation to Build on the current website to ensure cultivate leads. greater accessibility and usability by GPEC's target audiences. • Increase the use of analytics into marketing automation campaigns. StrategicPlan Objectives: ............................................................................................................................................................................................................................................................................................................................................................... E'K Elevate the brand identity using new EVi Create an enhanced and efficient forms of media to deepen our reach into stakeholder engagement model targeted markets Attract and grow quality businesses through established programs and new models As we come out of a year of economic uncertainty, Greater Phoenix is well positioned to attract new projects to the region going forward. GPEC will generate prospects and locates by focusing on a combination of core and emerging business attraction strategies, conducting outreach to key brokers and multipliers while also executing direct company targeting campaigns.The organization will also leverage TSMC and Intel's recent investments in Greater Phoenix to aggressively target the microelectronics industry. Tar-tics: it : • Conduct outreach to key brokers Develop and maintain relationships with and site selectors. referral sources through in person and • Nurture contacts cultivated in the virtual engagement. California omnichannel campaign 0 Increase leads and prospects launched in FY21 to directly generate from California. prospects and leads. 0 Execute the priority strategies in the • Implement the region's Foreign Direct FDI Plan. Investment(FDI) Plan. 0 Build relationships with the investment • Engage with local venture capital and community to increase connectivity to investment firms to demonstrate the capital in the market. value of GPEC services. a Increase jobs and prospects • Develop touch points with prospects within the microelectronics and and leads in the microelectronics and applications ecosystem. applications ecosystems. r Strategic Plan Objectives: M Expand tools and processes to create new I Utilize market and industry top-line metrics that increase outcome- intelligence to drive economic driven collaboration and coordination diversification and resilience Ac�ior, Pa r`s r j . ._ 6 enhanced research and data Drelve the region forward through analyt cs capabilities Quality data is the basis for informed business decisions. Over the past two fiscal years, GPEC has architected a data science strategy to enhance the organization's analytic capabilities. In FY22, the organization will continue to build on these efforts by honing our tools and data visualizations to increase regional knowledge with our stakeholders and prospects.The organization will also evaluate the region's targeted industries to position the region for future growth and highlight our value proposition. Tactics: Milestones: • Demonstrate Greater Phoenix's value 0 Evaluate existing use cases to ensure the proposition in targeted industries. right industries are being targeted and create • Analyze Greater Phoenix's current target dynamic use cases to better demonstrate industries and examine trends in emerging Greater Phoenix's value proposition. sectors to position the region for future growth. 0 Conduct a study to identify targeted industries • Optimize the organization's tools, databases to align with the development of the and resources. organization's next strategic plan. • Expand data visualization infrastructure to Create market intelligence and insight reports provide better industry knowledge to our leads highlighting current and future industry trends. and prospects. 0 Develop new tools that highlight the region's value, including business intelligence tools that engage GPEC's network. • Increase access to GPEC's central data repository for investors and communities to increase regional knowledge. Strategic Plan Objectives: ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... Y Promote initiatives that F Utilize market and industry EVS Deepen internal reinforce the region as a intelligence to drive expertise and upgrade place to test, launch and economic diversification research and analytic advance innovation and resilience capacity Promote stakeholder engagement through meaningful content GPEC cannot be successful without our investors and member communities whose unparalleled commitment to the region supports the organization.To increase stakeholder engagement and foster meaningful connections, we will continue with our dynamic Ambassador programming and cultivate strong relationships with our certified Ambassadors.The organization will raise the profile of the region through dynamic Regional Reports. Finally, GPEC will increase connections between our investors and locates by highlighting the region's assets to new companies in the market. Tactics: i s ne : • Increase stakeholder engagement and 0 Create education forward foster meaningful connections. Ambassador programming. • Raise the profile of the region and 0 Curate Regional Reports on dynamic topics organization by developing nationally related to current events. leading content. 0 Develop pathways for engagement with • Cultivate strong relationships with certified Ambassadors by building on the certified Ambassadors. cohort model. • Better connect GPEC investors with Develop collateral highlighting the region's locates and prospects. educational, utility and other industry assets. • Continue to build on the organization's Explore new resources for organizational sound financial position. funding and retain current funding. Strategic PlanObjectives: i M Increase and diversify GPEC's financial Evi Create an enhanced and efficient resources in alignment with regional priorities stakeholder engagement model Build a resilient economy through comprehensive planning that focuses on inclusion, diversity and equity Building an equitable economy has never been more important. In FY22,the organization will focus on tracking indicators critical to equity and inclusion to ensure Greater Phoenix grows in a sustainable manner. GPEC will also take a deeper look at its competitor markets to understand emerging trends and support policy that ensures the region stays competitive. Finally,the organization will conduct its biennial mission to Washington, D.C.to educate the federal delegation on issues relevant to the region. Tactics: it : • Intentionally evaluate Greater Phoenix 0 Synthesize the results of competitor market competitive position relative to other states analyses to inform staff on emerging trends. through detailed research. 0 Develop and support policy modernization • Advocate for the region's competitiveness. programs that will ensure the region stays competitive. • Focus on issues of equity, inclusion and 0 Educate on the issues of environmental resiliency to ensure Greater Phoenix grows in a sustainability related to industries of the future. sustainable manner. 0 Track indicators critical to equity and inclusion; • Modernize the innovation ecosystem at GPEC convene and partner with local leadership to and in Greater Phoenix. promote equity and inclusion. • Support the economic development• Partner with organizations to advance healthcare innovation and the creation of new strategies of local communities to build a innovation centers. more resilient region. Engage with GPEC communities regularly • Educate the federal delegation on issues through the Community Partnership Program, important to Greater Phoenix. market tours,and meetings with the Economic Development Directors Team to provide research and business development support. • Conduct the biennial Washington, D.C. mission. Strategic Plan Objectives: -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- ----------- Promote initiatives that reinforce the region Change the paradigm among community as a place to test, launch and advance and civic leadership to one that prioritizes innovation education,job access and intentional long-term investment into drivers of F Develop regional resilience programs competitiveness through relentless commitment to Be a leader in economic development organizational culture and The GPEC Way GPEC has been recognized for its leadership in the economic development profession, including being named the top organization in the U.S. by the International Economic Development Council. In order to maintain that position,the organization will recruit and retain staff that are well respected in the industry and increase knowledge between departments. Externally, GPEC will lead the profession by serving in national leadership roles that advance economic development. Milestones: • Increase knowledge management Enhance and refine playbooks for each between departments. department. • Support professional development 0 Recruit and retain staff with an opportunities for staff with a focus on established presence in Greater Phoenix leadership. and nationally. • Seek and maintain national leadership 0 Continue to be involved in nationally roles to support the advancement of leading organizations. modern economic policies. 0 Maintain its position as one of the • Assess best practices for the nation's top EDOs. organization. Continue to support technology • Mitigate organizational risk through improvements to enable staff to operate improved data management. at the highest levels. Strategic Plan Objeti4 Earn regional and national 'K Cultivate a world-class talent recognition as a leader in organization that exemplifies effective regional governance The GPEC Way A ko,r F' .rr; FY22 10 {f I� FY2 2 M et ri cs GPEC calculated the metrics for FY22 based on historical performance and recent trends in office and industrial prospect activity. Prospect metrics have returned to pre-pandemic levels. FY22 Metrics Contract Target Stretch Payroll tin Millions) $384.37 $427.08 $469.78 Jobs 7,176 7,973 8,770 - High Wage Jobs 4,232 4,702 5,172 Average High Wage Salary $61,226 $68,029 $74,832 — .................................................................................................................................................................................................................................... .------------- -- ------------------------------------- ----------------------...........................................- Qualified Prospects 239 266 293 - Qualified International Prospects 38 42 46 GPEC Assists 10 12 14 Budget Overview Income Approved Approved YOY YOY FY22 FY21 Var.$ Var.% City/County Contract Revenue $2,793,743 $2,753,988 $39,755 1% Pledge Revenue $3,147,120 $2,662,875 $484,245 18% _----------------__--------------------- ------------------------ ----------------------------------------------- --------- New Pledges $350,000 $175,000 $175,000 100% In-Kind Contributions $140,500 $126,750 $13,750 11% Special Events&Programs $181,400 $181,400 $0 - Sponsorship Income $51,293 $0 $51,293 Grant Income $225,062 $769,783 ($544,721) (71%) Other Income $1,000 $1,320 ($320) (24%) Total Income $6,890,118 $6,671,116 $219,002 3% Expenses Approved Approved YOY YOY FY22 FY21 Var.$ Var.% Business Development $458,522 $502,217 ($43,695) _9% Marketing&Communications $480,510 $625,157 ($144,647) -23% Research&Analytics $243,324 $234,646 $8,678 4% Engagement $157,868 $158,023 ($155) 0% ____---------------------------- ----------------------- ----------------------- ---------------- -------- Strategy&Regional Initiatives $410,330 $323,620 $86,710 27% --------------------------------------------------------------------------- Operations $467,279 $427,773 $39,506 9% Personnel $4,212,671 $3,657,356 $555,315 15% Facilities $530,133 $681,090 ($150,957) -22% Special Events&Programs $404,842 $394,563 $10,279 3% Total Expenses $7,365,479 $7,004,445 $361,035 5% _------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Net IncomeAlLoss) ($475,361) ($333,329) ($142,033) 43% h,,­1 i r n, FY 2,,,' 12 GPEC Investors As of May 2 2'1 Chairman's Council Corporate Council aps CHASE Executive Council Arizona SUte BANK HE 2MARICOPA ni ersi BNP PARR tMMUi ITY Ua LLEGEE"Ni a C Snell I i me Uni r i Phoenix, iYf �. iU t caR tI a Directors Council • Acronis SCS Creighton University • Honeywell On Q Financial • Alliance Bank of Arizona Desert Financial HonorHealth Perkins Coie LLP • American Airlines Credit Union Insight Enterprises Phoenix Suns • Arizona Coyotes Dignity Health • Intel Corporation Pivotal Group • Arizona Diamondbacks DMB Associates • JE Dunn Construction PNC Financial Services • Arizona Republic/LOCALiQ Empire Southwest Johnson Carlier Group • Bank of America Ernst&Young • Kitchell Quarles&Brady • Banner Health Goodmans Interior Knight-Swift Transportation Rise48 Equity BBVA Structures Mayo Clinic Sherman&Howard • • • Goodwill of Central Arizona • Squire Patton • Benchmark Electronics,Inc. • M Culinary q Boggs • Grand Canyon University • Valle Metro • Brookfield Residential Mid First Bank y •CBRE Hayden Building Corp. Mortenson Versum Materials, • • • Helios Education Merck KGaA Company • Chicanos Per La Causa Foundation ` MUFG • Clayco Oaktree Capital ` Weitz Company • Hensel Phelps • Cousins Properties Management 13 G e it ouncil Leadership Council ^ Adnlfson&Peterson ^ Cushman&wakefield ^ Ju' ^ Social Television C»»»tr«cm»» ^ Davis Architecture ^ Keyser wemvom(3Tm) ~ 4emtek ~ Southwest Airlines ^ oe|oiue ^ Layton Construction ~ Aetna ^ Deutsch Architecture Group ^ Lee mAssociates ~ Southwest Gas Corporation ^ Archic»»LI.Architecture . nircks Moving&Logistics . Lincoln Property Company ` Spencer pa»eup ~ Arizona Israel Technology , oPnConstmction , meotageHomes ` Sunbelt Holdings Alliance ^ B Dorado Holdings ^ MST Solutions ~ StrataTech Education Group ` Baker Development ` 7�nacon ~ Emp|orBndge ~ Nationwide Realty mve�oo ^ Bell Bank ^ Equality Health . Northern Trust ` The Plaza Companies ^ Blue Cross Blue Shield of ^ Everest Holdings ^ Ok|andCnnstructinn ~ Trammell Crow Company Arizona ` oancw*memCommooia! ` Bridge Relocation ~ Expedient ^ One���md�union Services Concierge ^ Firstoank ^ Opus Development ~ Bryan ^ Flinn Company ` naunnp*mex � ^ Tuft QNeedle LLp ~ Freeport mcmonanInc. ^ pas* , oRYCOmC»»�r«�i«» ` 5oyoorCon�ru� t Construction ^ Phoenix ~ univeoi�rof�nzona ^. oumo&mroonnoU ^ ha»dinon/downev ^ p��rned Lending na�nem U3AA ~ CapRockpanners construction ^ Reliance Management ^ «emgy ~ Ce|SeneCo,ponation ` Hensley ^ Renaissance Companies ~ »iawest Gm«P ^ Colliers International ~ Hines . n*xcn ^ wespacConst,umon ~~ Commonwealth ` no|ua|oaCompani*s ^ 3aviUs��vd|*v wexfo,dScience+ ~ Cmxa ` |mmedia ^ Silicon Valley Bank Technology ` vwUm*ngConstmction ^ Crescent Crown Distributing ~ |mraedge ~ Skanska USA Building ' Wist Office Products ~ Cmwnneohv& ` |,geno ^ 3mithGmup Development Ambassador ~ 4cmnis ~ Caliber Companies ^ Industrial Storage ^ pm|osio ` Air Products and Chemicals ~ Cancer Treatment ^ KTAn ~ RED Development Come�of�m�rica ` Arizona Community ^ Lyft ^ Ryan Companies u5Inc. Foundation ^ Canmna ^ maneat Group,Inc. ^ Saint Holdings ~ Arizona Strategies ^ CoStarGmop ~ wacerich ~ Stinsonur ~ Atmosphere Commercial ^ Cypress Office Properties . Merit Partners ~ Sunstatosquipment Interiors ~ oSv Inventory Solutions ~ Midwestern University Company ` Awanuovvest Arizona ^ Duffy Group,Inc. . MSS Technologies ' 7ena[aPMa»os*m*'t Corporate Housing ^ Equity Land Group . National Bank ofArizona ^ Van Trust Real Estate LLC ` 4xnetmc. ^ Gammage&Burnham , Newmark Knight Frank ~ Western Governors ~ uw5F«ai|wn» , Globe Corporation , Northrop Grumman u»wno«' ^ BOKpinanciv| ^ HormcksEnsineers A�-AiunP|-in FY22 14 Member Communities: aricopa County Gila Bend Queen Creek Apache Junction Gilbert Scottsdale Avondale Glendale Surprise Buckeye Goodyear Tempe Casa Grande Maricopa Tolleson Chandler Mesa Wickenburg El Mirage Peoria Youngton Fountain Bills Phoenix w�raseli6urg n 60 60 i'scria'. 101 5ury+ttse' Feunrain {II 101 i] 303 }LfigtOwq Sc6kk5�ile qte tak 51 10 202 Awsr,W. ,Pfacen# ' Buckeye ,�, ,Mom, Apedle SkyHaYtxN JM�iz+tt .. 30�� dfikeYhad#iYal 60 Crtredyedr "' �, GSIbauT Phoen x-Mesa 85 202 . «.—Gateway 202 ,Airport Glwlre3lw Q.64. 34] ,0"k 10 G aBed 85 a Di—in Miles Max"rcppa h—'�'o N casa a Greateri Economic Council 2 N.Central Ave.Suite 2500,Phoenix,AZ 85004 f 602.256.7700 r gpec.org EXHIBIT B GPEC PERFORMANCE MEASURES FY 2022 Specific performance targets as established by the GPEC Executive Committee and Board of Directors: 1. Payroll Generated $384.37M 2. Total Number of Jobs Created 7,176 3. Total Number of High-Wage Jobs' 4,232 4. Average High-Wage Salary $61,226 5. GPEC ASSiStS2 10 6. Number of Qualified Prospects 239 7. Number of Qualified International Prospects 38 Footnotes: 1. High Wage Jobs:High wage jobs are those that are over 130%of the Phoenix MSA Median Wage(currently$51,246). 2. GPEC Assists:Companies that located in the region,for which GPEC provided assistance,that do not qualify as a locate due to project size for example;and would otherwise be listed as"non-reported locates." Page 1 of 1 EXHIBIT C TARGETED INDUSTRIES FY2022 GPEC and our member communities have identified targeted industries on a local and regional level, incorporating these industries into a regional economic development plan. For fiscal year 2022, GPEC will continue its emphasis on the following: Advanced Business Services;Aerospace &Defense; Emerging Technologies; Healthcare and Biomedical; Manufacturing&Logistics;Mission Critical Operations; and Software Member communities will target the following: Apache Junction Business services; standard and advanced manufacturing; regional and corporate centers;medical institutions and/or associated satellite operations;mining support facilities;resort/tourist-oriented development; expanded retail opportunities; and high-density residential Avondale Financial business services; manufacturing; amateur sports;tourism and hospitality;healthcare/medical services; emerging technology and innovation; and corporate regional headquarters Buckeye Advanced business services;renewable energy;high tech(data center and services); environmental technology/sustainability; standard and advanced manufacturing;medical and educational institutions; logistics/transportation/distribution; small business/incubator; aerospace/aviation; and ag-tech Casa Grande Advanced manufacturing; automotive technology;transportation/logistics;healthcare/medical services; aviation/aerospace; and hospitality/entertainment Chandler Advanced business services; corporate/regional headquarters; advanced manufacturing; software development; aerospace/aviation; automotive technology; and applied research El Mirage Business Services; standard and advanced manufacturing;transportation; warehousing/distribution;heavy industrial; food, fiber, and natural products; and aerospace aviation Fountain Hills Advanced business services (professional,technical, and scientific services including finance and insurance);healthcare, medical,bio-life sciences and wellness;medical and educational institutions; arts, entertainment and recreation; and retail Gila Bend Clean technology(manufacturing/central station generation/R&D); warehousing/transportation/distribution; military supply chain; tourism/hospitality;standard manufacturing; agriculture/agri-biotechnology; food, fiber and natural products; aerospace/aviation; and heavy industrial Page 1 of 3 Gilbert Aerospace/aviation and defense; advanced business and professional services; finance and insurance; healthcare and education services; information communication technology;manufacturing; clean and renewable technology; and related corporate/regional headquarters Glendale Advanced business services; aerospace,aviation and defense;healthcare and bioscience; manufacturing; technology and innovation Goodyear Advanced business services; advanced manufacturing and logistics; aerospace,aviation and defense; corporate and regional headquarters; entrepreneurial/start-ups;technology;healthcare and biomedical (treatment,medical diagnostics,research&development); and higher education Maricopa (City) Professional and business services;healthcare services; small business and entrepreneurship;higher education and education technology; agribusiness/agrisciences; and visitor/hospitality commerce Mesa Standard and advanced manufacturing including medical device; automotive technology and aerospace/aviation/defense; advanced business services; cybersecurity; information technology; healthcare/life sciences; mission critical operations;tourism; regional and corporate centers; and research &development Peoria Advanced business services;high technology(data centers,R&D); life sciences and healthcare technologies; advanced medical services; advanced and standard manufacturing; clean technologies research and manufacturing; entertainment and tourism Phoenix BioSciences/healthcare; advanced business services; advanced manufacturing; data centers; sustainable enterprises; emerging industries;higher education;trade and FDI; Circular economy; Food System Entrepreneurship and Innovation Queen Creek Agritainment/Destination Tourism; Healthcare; I.T./Software;Business Services; and Advanced Manufacturing Scottsdale Bio-life sciences; advanced business services;technology and innovation(including ICT and entrepreneurship/emerging enterprises); higher education;hospitality/visitor trade and commerce Surprise Advanced business services; advanced manufacturing and rail-served industry; corporate/regional headquarters innovation/entrepreneurship/emerging technology;medical,healthcare and life science technologies, services; specialty services for global companies/FDI;tourism and hospitality Tempe Advanced business services (financial services);high tech/software(R&D, data center and services); high-tech/next generation electronics; aerospace R&D/aviation;bioscience (research,drug development, treatment,medical diagnostics); corporate/regional headquarters; sustainability(environmental); Page 2 of 3 advanced materials/plastics; software as a service; clean tech,renewable energy and manufacturing Tolleson E-Commerce/fulfillment centers;resort/tourist-oriented development; expanded retail opportunities; small manufacturers with some related retail and offices Wickenburg Standard manufacturing;transportation&distribution;rail services; mining support facilities;healthcare and medical(emphasis on behavioral healthcare); senior industries; tourism and filmmaking (location shooting);resort/tourist-oriented development; equestrian entertainment; and expanded retail operations Youngtown Youngtown is in the throes of developing a commerce park. The park will target second-stage small manufacturers with some related retail and offices. Page 3 of 3 EXHIBIT D FY 2022 REPORTING MECHANISM FOR CONTRACT FULFILLMENT Monthly Activity Report - Month, Year BUSINESS ATTRACTION PERFORMANCE METRICS: GPEC Progress Toward Goals Annual Contract Actual Goal %of Targeted Opportunities Goal YTD YTD Goal YTD PAYROLL GENERATED(MILLIONS NUMBER OF JOBS NUMBER OF HIGH-WAGE JOBS AVERAGE HIGH WAGE SALARY QUALIFIED PROSPECTS QUALIFIED INTERNATIONAL PROSPECTS GPEC ASSISTS KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES GPEC continues to target high-wage industries(Advanced Business Services;Aerospace&Defense;Emerging Technologies;Healthcare and Biomedical;Manufacturing&Logistics;Mission Critical Operations;and Software) Page 1 of I EXHIBIT E INSURANCE REQUIREMENTS The City's insurance requirements are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits required of GPEC are sufficient to protect GPEC from liabilities that might arise out of this Agreement for GPEC, its agents,representatives, employees or Contractors and GPEC is free to purchase such additional insurance as may be determined necessary. A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as broad as the categories set forth below with limits of liability in amounts acceptable to the City. 1. Commercial General Liability - Occurrence Form (Form CG 0001, ed. 10/13 or any replacements thereof) General Aggregate/per Project Products-Completed Operations Aggregate Personal &Advertising Injury Each Occurrence Fire Damage (Any one fire) Directors and Officers Medical Expense (Any one person) Optional 2. Automobile Liability -Any Auto or Owned, Hired and Non-Owned Vehicles (Form CA 0001, ed. 10/13 or any replacement thereof) Combined Single Limit Per Accident for Bodily Injury and Property Damage 3. Workers' Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability B. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the City. If not approved, the City may request that the insurer reduce or eliminate such self-insured retentions with respect to City, its officers, officials, agents, employees and volunteers. Page i of 3 C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability a. The City, its officers, officials, agents, employees and volunteers are to be named as additional insureds with respect to liability arising out of. activities performed by or on behalf of GPEC, including the City's general supervision of GPEC; products and completed operations of GPEC; and automobiles owned, leased, hired or borrowed by GPEC. b. GPEC's insurance shall include broad form contractual liability coverage. C. The City, its officers, officials, agents, employees and volunteers shall be additional insureds to the full limits of liability purchased by GPEC, even if those limits of liability are in excess of those required by this Agreement. d. GPEC's insurance coverage shall be primary insurance with respect to City, its officers, officials, agents, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of GPEC's insurance and shall not contribute to it. e. GPEC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. £ Coverage provided by GPEC shall not be limited to the liability assumed under the indemnification provisions of this Agreement. g. The policies shall contain a waiver of subrogation against City, its officers, officials, agents, employees and volunteers for losses arising from work performed by GPEC for the City. 2. Workers' Compensation and Employers'Liability Coverage. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, agents, employees and volunteers for any and all losses arising from work performed by the Contractor for the City. D. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) calendar days'prior written notice has been sent to City at the address provided herein for the giving of notice. Such notice shall be by certified mail, return receipt requested. Page 2 of 3 E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with a "Best's" rating of not less than A-:VII. City in no way warrants that the above required minimum insurer rating is sufficient to protect GPEC from potential insurer insolvency. F. Verification of Coverage. GPEC shall furnish City with Certificates of Insurance (ACORD form or equivalent approved by City) and with original endorsements effecting coverage as required by this Agreement. The certificates and endorsements for each. insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or Limit coverage shall be clearly noted on the Certificate of Insurance. All certificates and endorsements are to be received and approved by City before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. All certificates of insurance required by this Agreement shall be sent directly to City at the address and in the manner provided in this Agreement for the giving of notice. City's Agreement/Agreement number, GPEC's name and description of the Agreement shall be provided on the Certificates of Insurance. City reserves the right to require complete certified copies of all insurance policies required by this Agreement, at any time. G. Approval. During the term of this Agreement, no modification may be made to any of GPEC's insurance policies which will reduce the nature, scope or limits of coverage which were in effect and approved by the City prior to execution of this Agreement. Page 3 of 3 Regional Cooperation Protocol Policy Greater Phoenix Economic Council and Economic Development Directors Team The foundation of this policy is built on trust and the spirit of regional cooperation among the entities involved. GPEC and the Economic Development Directors of its member communities agree and acknowledge that it is important that they work together as partners on projects involving the communities which GPEC represents, regardless of the source of the lead, as follows: 1. Demonstrate a commitment to the positive promotion of the Greater Phoenix, specifically, GPEC member communities, as a globally competitive region. 2. Maintain the highest standards of economic development prospect handling, including confidentiality, without jeopardizing a prospect's trust to secure the probability of a regional locate. Partners agree to respect the prospect's request for confidentiality but also agree to notify each other as to the existence of a project with a confidentiality requirement when able and shall make a good-faith effort to involve the appropriate state,regional or local partners at the earliest possible time. 3. Unless otherwise restricted,agree to coordinate through GPEC for any prospect considering a project in Maricopa County or in any of the communities that GPEC represents,understanding that GPEC is in a unique position to represent and speak on regional economic development issues and on characteristics of the region's economy. Likewise,GPEC acknowledges that communities are in the best position to speak about local incentives and efforts surrounding the local economy. 4. For projects that originate with a GPEC member community,GPEC will be available for confidential research access,topical expertise or as a service provider,to add value to the community in securing the project. Additionally, GPEC will not e-track the project unless the community lead makes such a request to do so. 5. Provide accurate and timely information in response to specific requests by all prospects. When a client has narrowed sites to specific GPEC member communities, GPEC will make a good faith effort to inform those affected EDDT members first. EDDT members agree to provide information solely on their own community when the information requested is site-specific(i.e., cost of land,taxes, development fees,utility availability and cost,zoning process timing,permit timing and local incentives). When site-specific information related to other GPEC communities is requested, EDDT members agree to (i)direct GPEC prospects back to GPEC or(ii)direct non-GPEC generated prospects to contact the affected communities directly,and as a courtesy, contact the affected communities. 6. Agree that regardless of the lead source,public locate announcements shall be coordinated among the company,GPEC member community,and GPEC to reflect inclusiveness and cooperation of all partners (subject to any confidentiality requirements). 7. GPEC and EDDTs will advocate for a robust operating budget for the state economic development agency, and champion sound statewide economic development programs and policies. 8. Discourage the proactive offering of local, municipal financial incentives for existing jobs to companies with current operations in another GPEC community. 9. Inform GPEC member community when a company visits or physical site visit within that community will occur. Economic Development Directors will be the primary point of contact for the company when community information is needed. 10. Agree that the consideration of a future community to GPEC's membership will be brought before Pagel of 2 EDDT for discussion in advance of any board consideration.EDDT will make a recommendation on the addition of a new community to GPEC's President and CEO. 11. Formalize a process to convene GPEC and Economic Development Directors of GPEC member communities biannually,and cooperate in the exchange of information and ideas reflecting practices, procedures and policies relating to prospect handling and regional economic development. 12. Work collectively to maintain a high level of trust and integrity by and between GPEC and the Economic Development Directors of GPEC member communities,utilizing differing views as an opportunity to learn. 13. When conducting market intelligence initiative objective, GPEC staff will coordinate with EDDT to ensure coordination and communication. 14. When a Prospect Information Form (PIF)is issued by the state economic development agency GPEC will coordinate the region's response. All PIF submissions will be directed to GPEC's attention and GPEC will assemble the response and return to the state economic development agency. 15. It is understood GPEC will or may host annual executour(s)and/or other marketing familiarization. tour(s)to promote the regional communities. GPEC will make every attempt to provide as much interaction time between the executour guests and EDDTs. It is understood EDDTS will inform GPEC of any upcoming executour(s)and/or other marketing familiarization tours scheduled by their office. 16. Partners agree to enter into a mediation process if there is evidence that this Protocol has not been observed in a material respect or a professional conflict arises that cannot be settled. This mediation process will be convened by the EDDT Chair, who may, at his/her discretion,consult or involve GPEC's President and CEO in addition to others with topical expertise central to the conflict. Page 2 of 2 CityApacheof Junction m ,,. 300 lust Superstition Boulevard • Apache.Junction, Arizona 85119 • tiswwmicitY.net May 27, 2021 Mr. Chris Camacho, President and CEO Greater Phoenix Economic Council 2 North Central Avenue, Suite 2500 Phoenix, Arizona 85004 Dear Mr. Camacho, Please accept this letter recommending Apache Junction's City Councilmember Kelly Gremmel as our community's appointment to the Greater Phoenix Economic Council (GPEC) Board of Directors. On behalf of the City of Apache Junction, thank you for giving us the opportunity to be an active part of GPEC. Sincerely, Walter"Chip" Wilson Mayor cc: Janine Solley, Economic Development Director Home ofthe Superstition Mountains City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 19. File ID: 21-293 Sponsor:Jennifer Pena Agenda Date:6/15/2021 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Tuesday, July 6th 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 6/9/2021